69ZNotice of orders to be given

69Z Notice of orders to be given An order under this Part is not binding on an offender if the offender has not been given notice of it in the manner required by or under this Part. S. 69ZA inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZA Oath or affirmation A court, or a proper officer of a court, may administer an oath or affirmation for the purposes of proceedings under this Part. S. 69ZB inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZB Application of fines etc. The whole or any part of a fine, penalty or sum of money which by or under any Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Consolidated Fund if no other way of appropriating or applying it is prescribed by law. S. 69ZC inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZC Penalty payable to body corporate A forfeiture or penalty payable to a party aggrieved under an Act relating to an offence (whether indictable or summary) is payable to a body corporate if it is the party aggrieved. S. 69ZD inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZD Recovery of penalties If an Act or a subordinate instrument— (a) provides for a penalty to be recovered from any person— (i) summarily; or (ii) on summary conviction; or (iii) before the Magistrates' Court; or (b) uses any other words that imply that a penalty is to be recovered before the Magistrates' Court; or (c) does not provide a form or mode of procedure for the recovery of a penalty— then, unless the contrary intention appears, the penalty must be recovered only before the Magistrates' Court. S. 69ZE inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZE Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a fine or a time to pay order or an instalment order or a fines work order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Part or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court. S. 69ZF inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZF Rules of court The power to make rules under the **Supreme Court Act 1986**, the **County Court Act 1958** and the **Magistrates' Court Act 1989** extends to and applies in relation to the making of rules for or with respect to— (a) the matters to be specified in applications or orders made or notices given under this Part; or (b) the manner of making applications under section 65; or (c) court procedure and the procedure of the proper officer under this Part; or (d) securing the attendance of an offender before the court and the production of documents by an offender to the court if the offender defaults in the payment of a fine or of an instalment under an instalment order and empowering the issue of a summons or warrant to arrest or the making of an order for that purpose; or (e) the issue and execution under this Part of summonses, warrants to arrest, warrants of execution and warrants to imprison; or (f) the functions of the proper officer of the court under this Part; or (g) the costs of proceedings if an order is made under section 69L; or (h) the forms for the purposes of this Part; or (i) the manner of service or filing of any documents under this Part; or (j) any other matter or thing required or permitted by this Part or necessary to give effect to this Part. S. 69ZG inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48), amended by No. 47/2014 s. 312. 69ZG Application to infringement enforcement procedure This Part does not apply to the use of the procedures for the enforcement of infringement penalties under the **Fines Reform Act 2014**. Pt 3BA (Heading) inserted by No. 26/2012 s. 54. Part 3BA—Sentences—other orders Pt 3 Div. 5 (Heading) substituted as Pt 3B Div. 2 (Heading) by No. 65/2011 s. 28, renumbered as Pt 3BA Div. 1 by No. 26/2012 s. 55. Division 1—Dismissals, discharges and adjournments Subdivision (1)—General S. 70 amended by No. 48/1997 s. 20(1).