Part 5Financial penalties

Part 5—Financial penalties 119—Maximum fine if no other maximum provided If a fine is imposed in respect of an offence for which an Act or statutory instrument does not prescribe a fine, the fine may not exceed— (a) if the Supreme Court imposes the fine—$75 000; and (b) if the District Court imposes the fine—$35 000; and (c) if the Magistrates Court imposes the fine—$10 000. 120—Order for payment of pecuniary sum not to be made in certain circumstances (1) The court must not make an order requiring a defendant to pay a pecuniary sum (other than a VIC levy) if the court is satisfied that the means of the defendant, so far as they are known to the court, are such that— (a) the defendant would be unable to comply with the order; or (b) compliance with the order would unduly prejudice the welfare of dependants of the defendant, (and in such a case the court may, if it thinks fit, order the payment of a lesser amount). (2) Subject to subsection (3), the court is not obliged to inform itself as to the defendant's means, but it should consider any evidence on the subject that the defendant or the prosecutor has placed before it. (3) In considering whether the defendant would be able to comply with the order, the court should have regard to any information available to the court as to other pecuniary sums that have been paid, or are payable, by the defendant. 121—Preference must be given to compensation for victims If a court considers— (a) that it is appropriate— (i) to make an order for compensation (under this Act or any other Act); and (ii) to impose a fine or make any other order for the payment of a pecuniary sum; but (b) that the defendant has insufficient means to pay both the compensation and the fine or other pecuniary sum, the court must give preference to compensation. 122—Court not to fix time for payment of pecuniary sums (1) If a court makes an order requiring a defendant to pay a pecuniary sum, the court is not empowered to make any order relating to the time or manner in which the sum is to be paid. (2) Subsection (1) does not derogate from an order of a court or an officer of a court that was in force immediately before this section came into operation.