Victorian Numbered Acts Victorian Numbered Acts(1) The Court may order that the infringement offender be imprisoned for a period of one day in respect of each fine unit, or part of a fine unit, of the amount of the outstanding fines under the infringement warrant.
(2) If the Court is satisfied—
(a) that an infringement offender has a mental or intellectual impairment, disorder, disease or illness; or
(b) without limiting paragraph (a), that special circumstances apply to an infringement offender—
the Court may—
(c) discharge the outstanding fines in full; or
(d) discharge up to two thirds of the outstanding fines; or
(e) adjourn the further hearing of the matter for a period of up to 6 months.
(3) If the Court is satisfied that, having regard to the infringement offender's situation, imprisonment would be excessive, disproportionate and unduly harsh the Court may—
(a) order the infringement offender to be imprisoned for a period that is up to two thirds less than one day in respect of each fine unit, or part of a fine unit, of the amount of the outstanding fines; or
(b) discharge the outstanding fines in full; or
(c) discharge up to two thirds of the outstanding fines; or
(d) adjourn the further hearing of the matter for a period of up to 6 months.
(4) If the Court has made an order under sub-section (1) or (3)(a) for imprisonment in default of payment of outstanding fines—
(a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989 ; and
(b) the Court may make—
(i) an instalment order under the Magistrates' Court Act 1989 in respect of the payment of the outstanding fines; or
(ii) a community based order under Division 4 of Part 3 of the Sentencing Act 1991 .