Victorian Numbered Regulations Victorian Numbered RegulationsFor Forms 48, 49 and 50 of the Principal Rules substitute —
" FORM 48
Rule 98
APPLICATION FOR FINE CONVERSION ORDER
(Section 55(1) of the Sentencing Act
1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
APPLICATION
In the case against me by [ set out details ]
on [ date ] I was ordered to pay a fine.
I, [ full name ]
of [ address and occupation ]
now apply to the proper officer of the Magistrates' Court at [ venue ] for a fine conversion order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying the fine. I agree to comply with such an order.
DETAILS OF THE COURT ORDER
The Court ordered that I pay $ in fines and costs.
I o was o was not present when the order was made.
The Court:
o ordered that the fines and costs be paid—
o by [ date ]
o by
instalments of $ to be paid on the day of each
o week
o fortnight
o month
o did not make any order about payment.
DETAILS OF PAYMENTS MADE BY ME
[ Set out details of payments made ]
RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK
I understand that the amount(s) that I owe for each unpaid fine together with the amount of warrant costs included by the proper officer will be converted into hours of unpaid community work at the rate of 1 hour for each 0·2 penalty unit or part of 0·2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.
CONDITIONS OF THE ORDER
I understand that the following conditions will apply to the order and I agree to comply with them:
During the period of the fine conversion order I must—
o not commit another offence punishable by imprisonment.
o report to a community corrections centre as specified by the Court.
o report to, and receive visits from, a community corrections officer.
o notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.
o not leave Victoria except with the permission of an officer at the specified community corrections centre.
o obey all lawful instructions and directions of community corrections officers.
o perform unpaid community work as directed by the Regional Manager for a period determined by the Court.
Tick whichever applies
Dated at [ place ] on [ date ]
[ Signature of person in default ] [ Print name ]
Witnessed by—
[ Signature of witness ] [ Print name ]
NOTE: The registrar who deals with this application will notify you in writing of the decision.
[ To be completed by the proper officer ]
I received this application on [ date ]
The amount of warrant costs to be included is $
[ Signature ]
[ Print name ]
__________________
FORM 48A
Rule 100(3)
FINE CONVERSION ORDER
(Sections 55(1)(d) and 55(3) of the Sentencing Act 1991
)
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO
of
Date of birth [ date ]
On [ date ], this fine conversion order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below imposed by the Magistrates' Court at [ venue ] on [ date ].
|
Unpaid amounts | | | |||
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|
|
Statutory costs |
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Hours of work ordered |
How hours to be served |
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r. 15
Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.
This order commences on [ date ] and ends on [ date ].
You must attend [ address of community corrections centre ] within 2 clear working days after [ date ].
The Magistrates' Court at [ venue ] will supervise this order.
The conditions of this Order are that you must:
o not commit another offence for which you could be imprisoned during the time that the order is in force.
o report to the above community corrections centre within 2 clear working days of the order starting.
o report to, and receive visits from, a community corrections officer.
o notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.
o not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.
o obey all lawful instructions and directions given to you by community corrections officers.
o perform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.
This order was made on [ date ] at [ venue ].
[* Signature of magistrate/ * proper officer ]
*Delete if not applicable
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FORM 49
Rule 101
CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER
(Section
62(10)(a) of the Sentencing Act 1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
Name [ full name ]
of [ address ]
CONSENT TO A FINE DEFAULT UNPAID COMMUNITY WORK ORDER
I consent to the making by the Court of a fine default unpaid community work order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying a total penalty of $ .
RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK
I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of 1 hour for each 0·2 penalty unit or part of 0·2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.
CONDITIONS OF THE ORDER
I understand that the following conditions will apply to the order and I agree to comply with them:
During the period of the fine default unpaid community work order I must—
o not commit another offence punishable by imprisonment.
o report to a community corrections centre specified by the Court.
o report to, and receive visits from, a community corrections officer.
o notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.
o not leave Victoria except with the permission of an officer at the specified community corrections centre.
o obey all lawful instructions and directions of community corrections officers.
o perform unpaid community work as directed by the Regional Manager for a period determined by the Court.
Dated at [ place ] on [ date ]
[ Signature of person in default ] [ Print name ]
Witnessed by—
[ Signature of witness ] [ Print name ]
TO THE PERSON IN DEFAULT
The Court will send you a notice of the making of a fine default unpaid community work order and its conditions.
__________________
FORM 50
Rule 101
NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF FINES
(Section 62(8) of the
Sentencing Act 1991 )
A warrant to arrest has been issued to the sheriff for non-payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached.
You may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must provide the Court reference which is also on the attached summary.
YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER
Payment must be made to the sheriff, [ insert address ]
IF YOU CANNOT PAY
You may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.
If you do not pay the fine and do not make an application to a registrar you may consent to the Court making a fine default unpaid community work order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each 0·2 penalty unit or part of 0·2 penalty unit of each fine outstanding. A minimum of 8 hours work under the direction of the Regional Manager must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.
You can obtain a consent form from the person making this demand.
IF YOU DO NOT PAY OR TAKE ANY ACTION
If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may—
• make a community-based order requiring you to perform unpaid community work under the direction of a Regional Manager for one hour for each 0·2 penalty unit or part of 0·2 penalty unit then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs.
• order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs.
• order that the amount of the fine then unpaid be levied under a warrant to seize property.
• vary any existing order for payment of the fine by instalments.
• adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit.
__________________".