Victorian Current Acts Victorian Current ActsS. 171A(1) amended by No. 17/2022 s. 53(2).
(1) Subject to subsections (4) and (5), the Director must apply to the relevant court on behalf of a person to whom section 171AC applies for an order for the person to serve a term of imprisonment in default of payment of the relevant infringement fine or relevant court fine in accordance with this section.
S. 171A(2) amended by No. 17/2022 s. 53(3).
(2) If section 171AC(1)(a) applies to a person, the Director must apply to the relevant court on behalf of the person for an order under section 171C.
S. 171A(3) substituted by No. 17/2022 s. 53(4).
(3) If section 171AC(1)(b) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a) an order under section 171B; and
(b) an order under section 171C in relation to the amount of the relevant infringement fine that will exceed—
(i) the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(b); and
(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).
S. 171A(3A) inserted by No. 17/2022 s. 53(4).
(3A) If section 171AC(1)(c) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a) an order under section 171B; and
(b) an order under section 171C in relation to the amount of the relevant court fine that will exceed—
(i) the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(c); and
(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).
S. 171A(3B) inserted by No. 17/2022 s. 53(4).
(3B) If section 171AC(1)(d) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a) an order under section 171B; and
(b) an order under section 171C in relation to the amount of the relevant infringement fine or relevant court fine that will exceed the period the person spent in custody.
S. 171A(4) amended by No. 17/2022 s. 53(5).
(4) Subject to subsection (4A), the Director must not make an application to the relevant court in accordance with this section on behalf of the person to whom section 171AC applies if the person is no longer in custody at the time the application is made.
S. 171A(4A) inserted by No. 17/2022 s. 53(6).
(4A) The Director may make an application to the relevant court in accordance with this section on behalf of a person who is no longer in custody if the person is no longer in custody because of a reason specified in section 171AA(a)(ii).
(5) An application must not be made in respect of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody.
S. 171B inserted by No. 29/2016 s. 42.