South Australian Numbered Acts

CROSS-BORDER JUSTICE ACT 2009 (NO 18 OF 2009) - SECT 130

130—Request to cease enforcement of fine

        (1)         This section applies if, subsequent to registration of the fine under section 126(1), the Fines Director—

            (a)         receives a written request from the reciprocating agency to cease enforcing the fine; or

            (b)         advises the reciprocating agency in writing that the Fines Director will not take any action or further action to enforce the fine.

        (2)         The Fines Director must—

            (a)         advise the reciprocating agency of the amount of the fine outstanding, taking into account—

                  (i)         any money received from the offender in whole or part satisfaction of the fine, including any payment recorded under section 128(a); and

                  (ii)         any money received by the Fines Director in whole or part satisfaction of the fine as a result of any action taken by the Fines Director to enforce the fine under the Criminal Law (Sentencing) Act 1988 ; and

                  (iii)         any reduction (calculated in accordance with the regulations) of the amount of the fine as a consequence of any action taken by the Fines Registrar to enforce the fine under the Criminal Law (Sentencing) Act 1988 ; and

            (b)         remit to the reciprocating agency any money received by the Fines Director in whole or part satisfaction of the fine that has not already been remitted under section 129; and

            (c)         not take any action or further action to enforce the fine under the Criminal Law (Sentencing) Act 1988 .

        (3)         On receiving or making a request under this section, the fine ceases to be registered under section 126(1).