Northern Territory Consolidated Acts

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Exercise of power to fine

    (1)     Where a court decides to fine an offender, it must, in determining the amount of the fine, take into account, as far as practicable:

        (a)     the financial circumstances of the offender; and

        (b)     the nature of the burden that its payment will impose on the offender.

    (2)     A court is not prevented from fining an offender only because it has not been informed about the matters referred to in subsection (1).

    (3)     In considering the financial circumstances of an offender, a court must take into account any other order that it or any other court has made or that it proposes to make:

        (a)     providing for the confiscation of the proceeds of the crime; or

        (b)     requiring the offender to make restitution or pay compensation.

    (4)     Where a court considers that:

        (a)     it would be appropriate both to impose a fine and to make a restitution or compensation order; and

        (b)     the offender has insufficient means to pay both;

the court must give preference to restitution or compensation, though it may also impose a fine.

    (5)     A court, in fixing the amount of a fine, may have regard to, among other things:

        (a)     the loss or destruction of or damage to property suffered by a person; and

        (b)     the value of any benefit derived by the offender;

as a result of the offence.

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