Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 186

For section 171A of the Fines Reform Act 2014 substitute —

        " 171A     Application of the Director on behalf of person in custody

    (1)     Subject to subsection (4), the Director must apply to the Magistrates' 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 in accordance with this section.

    (2)     If section 171AC(a) applies to a person, the Director must apply to the Magistrates' Court on behalf of the person for an order under section 171C.

    (3)     If section 171AC(b) applies to a person, the Director must apply to the Magistrates' Court on behalf of the person for—

        (a)     an order under section 171B; and

        (b)     an order under 171C in relation to the amount of the relevant infringement fine that will exceed the term of imprisonment of the person in respect of the person's non-fine related sentence in accordance with section 171AC(b).

    (4)     The Director must not make an application to the Magistrates' 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.

    (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.".