Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 48

48. After section 79 of the Principal Act the following section is inserted:
Enforcement and recovery of certain fines   "79A. (1) Where a person on whom a
fine has been imposed for an offence against section 65Q, 65R, 79 or 155 or
sub-section 65F (9) or 87A (5) defaults in payment of the fine, a Court may-

   (a)  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

   (b)  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 in relation to whom an order is made under sub-section (1)
in respect of a fine gives security for the payment of the fine, the Court
shall cancel the order in respect of the fine.

"(3) Where the Court makes an order 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) Subject to sub-section (7), an order under sub-section (1) in respect of
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 order.

"(5) The term of a sentence of imprisonment imposed by an order under a law of
a State or Territory applied by section 18A of the Crimes Act 1914 in respect
of a fine shall be calculated at the rate of one day's imprisonment for each
$25 of the amount of the fine that is from time to time unpaid.

"(6) Subject to sub-section (7), where a person is required to serve periods
of imprisonment by virtue of an order or orders under sub-section (1) in
respect of 2 or more fines, those periods of imprisonment shall be served
consecutively.

"(7) Subject to sub-section (8), where-

   (a)  a person would, but for this sub-section, be required by virtue of an
        order or orders under sub-section (1) in respect of 3 or more fines to
        serve periods of imprisonment in respect of those fines exceeding in
        the aggregate 3 years; and

   (b)  those fines were imposed (whether or not in the same proceedings) for
        offences constituted by contraventions that occurred within a period
        of 2 years, being contraventions that appear to the Court to have been
        of the same nature or a substantially similar nature, the Court shall,
        by order, declare that the order or orders shall cease to have effect
        in respect of those fines after the person has served an aggregate of
        3 years' imprisonment in respect of those fines.

"(8) Where sub-section (7) would, but for this sub-section, apply to a person
with respect to offences committed by the person within 2 or more overlapping
periods of 2 years, the Court shall make an order under that sub-section with
respect to one only of those periods, being whichever period would give the
person the maximum benefit from the application of that sub-section.

"(9) For the purposes of sub-section (8), the Court may vary or revoke an
order made under sub-section (7).

"(10) Paragraphs 18A (1) (b), (c) and (d) of the Crimes Act 1914 do not apply
with respect to fines referred to in sub-section (1).

"(11) This section applies only in relation to fines imposed for offences
committed after the commencement of this section.".