Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 378

Default in payment of fine or instalment

    (1)     If for a period of more than one month a child defaults in the payment of a fine or of any instalment under an instalment order, the Court may—

(a)     determine that payment of the amount of the fine that remains unpaid not be enforced; or

        (b)     adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; or

(c)         order that the fine be varied as specified in the order of the Court; or

        (d)     if the default is in the payment of an instalment under an instalment order, order that the instalment order be varied as specified in the order of the Court; or

        (e)     order that the fine then unpaid be levied by a warrant to seize property; or

        (f)     release the child on probation or a youth supervision order for a period not exceeding 3 months but in no case extending beyond the child's twenty-first birthday.

    (2)     The Court must not make an order under sub-section (1) unless the child has been served by post or otherwise with a notice to appear before the Court in respect of the default in payment.

    (3)     If—

        (a)     a notice is served on a child under sub-section (2) and the child fails to appear before the Court at the time specified and the Court is satisfied that the notice has come to the attention of the child; or

        (b)     service of a notice under sub-section (2) cannot be effected—

the Court may adjourn the proceeding and order that a warrant to arrest the child be issued.



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