Western Australian Current Acts Western Australian Current Acts (1) If satisfied that
a person has been convicted (in this State or elsewhere) of an offence and
that the offence was committed during the suspension period of a suspended
fine, a court that must deal with the person under this section must deal with
the person by one of these methods —
(a)
unless an order under this paragraph or paragraph (b) has already been made,
it may order the person to pay the fine that was suspended;
(b)
unless an order under paragraph (a) has already been made, it may order the
person to pay part of the fine that was suspended;
(c)
unless the suspension period has ended, it may substitute another suspension
period of not more than 24 months for the suspension period originally set,
and the new suspension period is to begin on the day it is substituted;
(d) it
may make no order in respect of the suspended fine.
(2) The powers in
subsection (1) may be exercised as often as is necessary.
(3) A court must make
an order under subsection (1)(a) unless it decides that it would be unjust to
do so in view of all the circumstances that have arisen, or have become known,
since the suspended fine was imposed.
(4) If a court does
not make an order under subsection (1)(a), it must give written reasons for
not doing so.
(5) If a court deals
with a person under subsection (1)(d), then, unless the suspension period has
ended, the sentence of a suspended fine remains in effect and the suspension
period continues to elapse.
(6) An order by a
superior court under subsection (1) in a case where the sentence of a
suspended fine was imposed for an offence for which the person had not been
convicted on indictment is to be taken, for the purposes of an appeal against
the sentence, as being made following a conviction on indictment.
[Section 60E inserted: No. 45 of 2016 s. 52.]