Western Australian Current Acts

SENTENCING ACT 1995 - SECT 57A

57A .         Enforcement of fine by means of WDO

        (1)         In this section and section 57B words and expressions have the same definitions as in the Fines, Penalties and Infringement Notices Enforcement Act 1994 .

        (2)         This section applies if —

            (a)         a court fines an offender and does not also impose a term of imprisonment; and

            (b)         the offender at the time is not in custody serving a sentence of imprisonment.

        (3)         The court, in addition to imposing the fine, may make a fine enforcement (WDO) order.

        (4)         A fine enforcement (WDO) order is an order requiring the offender, within 7 days after the order is made —

            (a)         to pay the fine in full; or

            (b)         to report to a community corrections centre to be served with a work and development order ( WDO ) in respect of the fine.

        (5)         The court must not make a fine enforcement (WDO) order unless the offender is personally present in court.

        (5A)         In considering whether to make a fine enforcement (WDO) order, the court must take into account the following matters —

            (a)         whether the offender has the means to pay the fine, either within 28 days or pursuant to a time to pay order;

            (b)         whether the offender has any personal property that could be seized under an enforcement warrant issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 to satisfy, wholly or partly, the fine;

            (c)         the likelihood of the offender having the means to pay referred to in paragraph (a), or personal property referred to in paragraph (b), within a reasonable time after the fine is imposed;

            (d)         whether the offender is mentally and physically capable of performing the requirements of a WDO.

        (5B)         The court may satisfy itself of any of the matters referred to in subsection (5A) by evidence on oath from the offender.

        (6)         A fine enforcement (WDO) order must be served on the offender personally.

        (7)         A fine enforcement (WDO) order may only be made during the sentencing proceedings and not afterwards.

        (8)         The Fines, Penalties and Infringement Notices Enforcement Act 1994 applies to and in respect of a WDO served pursuant to a fine enforcement (WDO) order.

        [Section 57A inserted: No. 9 of 2000 s. 10; amended: No. 48 of 2012 s. 78; No. 25 of 2020 s. 129.]