New South Wales Consolidated Acts

GRAFFITI CONTROL ACT 2008 - SECT 9B

9B Making of order for community clean up work

(1) A court that imposes a fine on an offender for a graffiti offence may make an order requiring the offender to perform community clean up work in order to satisfy the amount of the fine.

(1A) A community clean up order may be made--

(a) on the application of the prosecutor or the offender, or

(b) on the court's own motion.

(2) A community clean up order may be made by the court at the time that the fine is imposed or at a later time.

(3) A community clean up order may be made even if part of the fine has been paid (in which case it applies to the part of the fine that remains unpaid).

(4) However, a community clean up order is not to be made in respect of a fine if it has been fully paid or the matter has been referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the Fines Act 1996 .

Note : A matter can be referred to the Commissioner of Fines Administration for the making of a court fine enforcement order if the fine has not been paid by the due date.

(5) For the avoidance of doubt, an application for a community clean up order may be made--

(a) before or at the time the court imposes the fine for the graffiti offence, or

(b) at any other time after the fine has been imposed but before the fine has been fully paid or referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the Fines Act 1996 .