Document ID: chunk:federal_register_of_legislation:C2004A03029:schedule:1:p6
Version: federal_register_of_legislation:C2004A03029
Segment Type: schedule
Provision Reference: sch 1 (pt 6/13)
Character Range: 145905–148314

the law of the State or Territory in which the person was convicted permits the making or passing of any other order or sentence (including an order or sentence known as a community service order, a work order or a sentence of weekend detention or a similar order or sentence) in default of payment of fines—make such an order against, or an order imposing such a sentence on, the person;
     (b) exercise any power that the Court has apart from this section with respect to the enforcement and recovery of fines imposed by the Court; or
     (c) make an order, on the application of the Minister or the Commission, declaring that the fine is to have effect, and may be enforced, as if it were a judgment debt under a judgment of the Court.
"(2) Where a person fails to comply with an order referred to in sub-paragraph (1) (a) (ii) made in relation to the person in respect of a fine, the Court may, having regard to the extent (if any) of the person's compliance with the order, make an order—
     (a) reducing the fine;
     (b) imposing a sentence of imprisonment on the person in respect of the fine; or
     (c) reducing the fine and imposing a sentence of imprisonment on the person in respect of the fine as so reduced.
"(3) Where the Court makes an order referred to in paragraph (1) (a) or sub-section (2) in relation to a person in respect of a fine, the Court may, at any time before the order is executed in respect of the fine, allow the person a specified time in which to pay the fine or allow the person to pay the fine by specified instalments, and, in that case—
     (a) the order shall not be executed unless the person fails to pay the fine within that time or fails to pay an instalment at or before the time when it becomes payable, as the case may be; and
     (b) if the person pays the fine within that time or pays all the instalments, as the case may be, the order shall be deemed to have been discharged in respect of the fine.
"(4) Where a person in relation to whom an order is made under sub-section (1) or (2) in respect of a fine gives security for the payment of the fine, the Court shall cancel the order in respect of the fine.
"(5) Subject to sub-section (8), an order under sub-section (1) or (2) in respect of a fine ceases to have effect in respect of the fine—
     (a) on payment of the fine; or
     (b) if the fine is not paid—on full compliance with the order.