Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 116H

    (1)     Subject to subsection (3), if—

        (a)     a defendant is convicted under this part of an offence against a law mentioned in a paragraph of section 116AA (1); and

        (b)     at the time that the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer;

the only penalty that the court may impose is a fine of an amount not exceeding the amount mentioned in that paragraph.

    (2)     If—

        (a)     the court convicts a defendant of an offence against a law mentioned in a paragraph of section 116AA (1); and

        (b)     the law provides in effect that a penalty other than a fine may be imposed on the defendant; and

        (c)     when the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; and

        (d)     the court considers that a penalty other than a fine may be appropriate;

the court must adjourn the hearing and fix a time and place for sentence.

    (3)     The registrar must give the defendant notice of the time and place fixed.

    (4)     If a defendant convicted of an offence against a law mentioned in a paragraph of section 116AA (1) does not appear at the time and place fixed under subsection (2), the court, in the absence of the defendant, may impose on the defendant any penalty that is applicable under that law.