Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_139e
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 139E
Character Range: 521078–522669

139E  Cessation of enforcement orders etc.

 (1) Subject to this section, an enforcement order in relation to a fine ceases to have effect:
 (a) on payment of the fine; or
 (b) if the fine is not paid—on full compliance with the enforcement order.

 (2) Subject to this section, if a person is required under one or more enforcement orders to serve periods of imprisonment, those periods must be served consecutively.

 (3) If:
 (a) a person would, but for this subsection, be required under one or more enforcement orders that relate to 3 or more fines to serve periods of imprisonment that in aggregate are longer than 3 years; and
 (b) those fines were imposed (whether or not in the same proceedings) for offences constituted by contraventions:
 (i) that occurred within a period of 2 years; and
 (ii) that appear to a court to have been of the same nature or of a substantially similar nature;
the court must, by order, declare that the enforcement order or orders cease to have effect in respect of those fines after the person has served an aggregate of 3 years' imprisonment.

 (4) If subsection (3) would, but for this subsection, apply to a person with respect to offences committed by the person within 2 or more overlapping periods of 2 years, the court must make an order under that subsection in relation to only one of those periods.

 (5) The order under subsection (4) must relate to the period which would give the person the maximum benefit under subsection (3).

 (6) For the purposes of subsection (4), the court may vary or revoke an order made under subsection (3).