Victorian Numbered Acts

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 309

After section 69F of the Sentencing Act 1991 insert —

        " 69FA     Orders of court in relation to fine defaulter on arrest—Fines Reform Act 2014

Subject to section 69FB, the court which sentenced a natural person, may make an order under section 69G or 69H as applicable, in relation to the person if—

        (a)     the person—

              (i)     is a fine defaulter within the meaning of the Fines Reform Act 2014 ; and

              (ii)     was arrested on an enforcement warrant issued under the Fines Reform Act 2014 in respect of a fine imposed by the court; and

        (b)     the court is satisfied by—

              (i)     evidence on oath or by affidavit; or

              (ii)     by the admission of the offender; or

              (iii)     from an examination of the records of the court or of a certificate purporting to contain an extract of those records and purporting to be signed by the officer of the court with the custody of those records—

that the fine imposed on the offender by the court was registered for enforcement under section 15 of the Fines Reform Act 2014 .

        69FB     Order of court in absence of fine defaulter—Fines Reform Act 2014

    (1)     If a person who was arrested on an enforcement warrant issued under the Fines Reform Act 2014 and released on bail (either in accordance with the endorsement on the enforcement warrant or under section 10 of the Bail Act 1977 ) fails to attend before the court in accordance with that bail, the court may proceed to hear and determine the matter under section 69FA in the offender's absence and make any order under section 69G or 69H, as applicable, without prejudice to any right of action arising out of the breach of the bail undertaking.

    (2)     If an enforcement warrant endorsed with a power of arrest that was issued under the Fines Reform Act 2014 against the offender has not been executed within a reasonable period after it was issued or no enforcement warrant was issued against an offender under the Fines Reform Act 2014 , the court may proceed to hear and determine the matter under section 69FA in the offender's absence and make any order under section 69G or 69H, as applicable, if it is satisfied that the warrant has not been executed or was not issued only because the offender is not in Victoria.".