Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 65

65 .         Enforcing payment by young person who has not reached 18

        (1)         This section applies if a young person has not reached the age of 18 years when —

            (a)         he or she is fined for committing an offence; or

            (b)         a bail undertaking entered into by him or her under the Bail Act 1982 is forfeited; or

            (c)         a recognisance, entered into by him or her under this Act or any other written law in proceedings for an offence is forfeited.

        (2)         When fining or forfeiting the undertaking or recognisance of the young person, the court is to either —

            (a)         specify the time within which the amount concerned is to be paid; or

            (b)         make an order that the amount concerned is to be paid in instalments.

        (3A)         The Fines, Penalties and Infringement Notices Enforcement Act 1994 section 10B applies to fines, forfeited bail undertakings and forfeited recognisances to which subsection (1) applies.

        (3)         If the young person defaults in the payment of the amount concerned or of any instalment of the amount concerned, the court —

            (a)         if the young person has reached the age of 18 years, must register the fine or the amount of the forfeited undertaking or recognisance under the Fines, Penalties and Infringement Notices Enforcement Act 1994 , unless a community work order or a detention order has been made under section 65A in respect of the default or unless sufficient cause to the contrary is shown; or

            (b)         if the young person has not reached the age of 18 years, must issue the young person with a notice to attend court requiring him or her to appear before the court because of the default, unless sufficient cause to the contrary is shown.

        (4A)         If, under subsection (3)(a), the court must register a fine or the amount of a forfeited undertaking or forfeited recognisance under the Fines, Penalties and Infringement Notices Enforcement Act 1994 , then —

            (a)         in the case of a fine, section 32(2) of that Act applies to and in relation to the fine; and

            (b)         in the case of a forfeited undertaking or forfeited recognisance, section 59A(3) of that Act applies to and in relation to the amount forfeited.

        (4)         If, after a fine or the amount of a forfeited undertaking or recognisance is registered under the Fines, Penalties and Infringement Notices Enforcement Act 1994 , the amount concerned or any part of it is paid, the court is to notify the Registry immediately.

        (5)         After a fine or the amount of a forfeited undertaking or recognisance is registered under the Fines, Penalties and Infringement Notices Enforcement Act 1994 , the court cannot make any further order in respect of the payment and the enforcement of the payment of the fine or the forfeited undertaking or recognisance.

        [Section 65 inserted: No. 92 of 1994 s. 45; amended: No. 20 of 2013 s. 141.]