257Default in payment of fine or instalment order

257 Default in payment of fine or instalment order

(1) If it appears to the Children's Court that for a period of more than one month a child defaults in the payment of a fine or any instalment under an instalment order, the Court may direct that the child be served with a notice to appear before the Court at a specified time for the matter to be heard.

(2) At the hearing of the proceeding, if the Children's Court is satisfied that for a period of more than one month a child has defaulted in the payment of the fine or any instalment under an instalment order, the Court may—

(a) determine that payment of the amount of the fine that remains unpaid not be enforced; or

(b) adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; or

(c) order that the fine be varied as specified in the order of the Court; or

(d) if the default is in the payment of an instalment under an instalment order, order that the instalment order be varied as specified in the order of the Court; or

(e) order that the fine then unpaid be levied by a warrant to seize property; or

(f) make a community service order in accordance with Division 2 of Part 7.8 for a number of hours determined in accordance with section 258.

(3) The Children's Court may adjourn the proceeding and a magistrate constituting the Court may issue a warrant to arrest the child if—

(a) a notice is served on the child under subsection (1) and—

(i) the child fails to appear before the Court at the time specified; and

(ii) the Court is satisfied that the notice has come to the attention of the child; or

(b) service of a notice under subsection (1) cannot be effected.

See section 261 for requirements relating to a hearing for a default in payment of a fine or an instalment order.