Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
payment order means an order requiring a person to
pay money, other than —
(a) a
fine within the meaning of the Fines, Penalties and Infringement Notices
Enforcement Act 1994 section 28; or
(b)
compensation to be paid under a compensation order made under the
Sentencing Act 1995 Part 16; or
(c) a
sum the payment of which is enforceable under the Fines, Penalties and
Infringement Notices Enforcement Act 1994 Part 5; or
(d) any
costs ordered to be paid under the Official Prosecutions (Accused’s
Costs) Act 1973 .
(2) This section
applies if a court makes a payment order.
(3) If the court is a
superior court it may also make an order under the Sentencing Act 1995
section 59 which, for that purpose, applies with any necessary changes as if
the money to be paid under the payment order were a fine imposed on the
person.
(4) If —
(a) the
court is not a superior court or the court is a superior court but does not
make an order under the Sentencing Act 1995 section 59; and
(b) the
money to be paid under the payment order is not paid within 28 days after the
date of the order,
the person to whom the
money is to be paid may enforce the order by lodging a copy of it, certified
as a true copy by the court, and an affidavit stating to what extent it has
not been complied with, with a court of competent jurisdiction.
(5) When lodged with
the court of competent jurisdiction, the order is to be taken to be a judgment
of that court and may be enforced accordingly.
(6) This section does
not prevent the recovery of the money by means expressly provided by a written
law.