Crimes Amendment Act (No 2) 2011

1: Title
This Act is the Crimes Amendment Act (No 2) 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provisions of this Act that are not in force on the expiry of the period of 15 months that starts on the date on which this Act receives the Royal assent come into force (despite subsection (1)) on that expiry. Section 2(1) this Act brought into force 13 February 2012 Crimes Amendment Act (No 2) 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Crimes Act 1961 OIC SR 2011/384 2012-02-13 Crimes Act 1961 s 2(1) —This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates
4: Section 19 substituted
Section 19
19: Enforcement of fines by High Court
1: If the High Court imposes 1 or more fines, Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to any necessary modifications and subject to the modifications in subsections (2) to (5)
2: Without limiting the actions that the High Court may take under Part 3 of the Summary Proceedings Act 1957 in relation to the fine or fines, the High Court may make any orders that it thinks fit, including a charging order or sale order in relation to the offender's real property.
3: To avoid doubt, section 88A of the Summary Proceedings Act 1957 does not apply if the High Court makes, in accordance with subsection (2)
4: If an offender is sentenced by the High Court to community work, community detention, or home detention under section 88AE(1)
a: section 89(2) and (3) of the Summary Proceedings Act 1957 apply with any necessary modifications as if—
i: the references in those subsections to a District Court Judge were references to a High Court Judge; and
ii: the reference to the High Court was a reference to the Court of Appeal; and
b: sections 115 and 121 of the Summary Proceedings Act 1957, and any other relevant provisions of that Act relating to appeals against sentence, apply with any necessary modifications as if—
i: the references in those sections to a District Court were references to the High Court; and
ii: the references in those sections to the High Court were references to the Court of Appeal.
5: Despite section 90 of the Summary Proceedings Act 1957, the period of imprisonment that the High Court may impose on the offender for the non-payment of 1 or more fines must not exceed, for each fine, the lesser of—
a: the maximum term of imprisonment to which the offender was liable on the conviction; or
b: a period of 2 years.
6: If the High Court enforces 1 or more fines under this section, the Court may, at the same time, enforce any outstanding fine or fines imposed on the offender by a District Court.
7: For the purposes of subsection (6) subsection (1)
a: subject to the modifications in subsections (2) to (5)
b: subject to the modifications in subsections (2) and (4)
8: A Registrar of a District Court or of the High Court may exercise any jurisdiction and powers conferred on a Registrar of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1)
9: A bailiff of a District Court may exercise any jurisdiction and powers conferred on a bailiff of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1)
10: The amount of the fee payable if default is made in the payment of 1 or more fines imposed by the High Court to which, under subsection (1)
11: To avoid doubt, sections 92A to 92I
12: For the purposes of this section, and subject to subsection (4), any reference in Part 3 of the Summary Proceedings Act 1957 to—
a: a Court is, unless the context otherwise requires, taken to be a reference to the High Court; and
b: a District Court Judge is, unless the context otherwise requires, taken to be a reference to a High Court Judge; and
c: a Registrar is, unless the context otherwise requires, taken to be a reference to a Registrar of the High Court or of a District Court and includes a Deputy Registrar.
13: In this section, fine section 79
5: Sections 19B to 19F repealed
Sections 19B to 19F