Western Australian Current Acts Western Australian Current Acts (1) If a court
convicts a person of an offence and that offence was committed during the
suspension period of a suspended fine imposed on the person in relation to
another offence, the court —
(a) if
it is the Magistrates Court or the Children’s Court, must deal with the
person under section 60E unless the suspended fine was imposed —
(i)
by the Magistrates Court or the Children’s Court
for an indictable offence; or
(ii)
by a superior court,
in which case the
court must commit the person to the court that imposed the suspended fine and
that court must deal with the person under section 60E; or
(b) if
it is the District Court, must deal with the person under section 60E unless
the suspended fine was imposed by the Children’s Court or the Supreme
Court for an offence which the District Court would not have jurisdiction to
deal with if it were committed by an adult, in which case the court must
commit the person to the court that imposed the suspended fine and that court
must deal with the person under section 60E; or
(c) if
it is the Supreme Court, must deal with the person under section 60E.
(2) The powers in
subsection (1) may be exercised by a court at any time, even if the suspension
period has ended.
(3) Subsection (1)
does not affect the powers of the court that convicts the person of the
offence committed during the suspension period to deal with the person for
that offence.
(4) A court that under
subsection (1) commits a person to another court must certify that the person
has been convicted of an offence committed during the suspension period.
(5) A certificate by a
court under subsection (4) is, in the absence of evidence to the contrary,
evidence of its contents.
[Section 60C inserted: No. 45 of 2016 s. 52.]