Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 65A

65A .         Court’s powers to deal with defaulter

        (1)         If a notice to attend court is issued under section 65(3) to a young person (the defaulter ) and the defaulter appears before the court, the court may invite the defaulter to consent to the making of a community work order in respect of the unpaid amount concerned.

        (2)         If the defaulter consents to the making of a community work order the court may make one.

        (3)         If the defaulter does not consent to the making of a community work order, the court, unless sufficient cause to the contrary is shown, is required to make a detention order —

            (a)         to have effect immediately; or

            (b)         to have effect if the defaulter is still in default at a specified later date.

        (4)         The chief executive officer or another officer of the Department may be present at, and is entitled to be heard in, the proceedings to show cause why a detention order should not be made.

        (5)         If under subsection (3) the court declines to make a detention order the defaulter ceases to be liable to be imprisoned in respect of the failure to pay the amount concerned and neither the fine nor the amount of the forfeited undertaking or recognisance can be registered under the Fines, Penalties and Infringement Notices Enforcement Act 1994 .

        [Section 65A inserted: No. 92 of 1994 s. 45.]

        [Section 65A. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.]