Western Australian Numbered Acts Western Australian Numbered Acts After section 107
insert:
108A. Credit for punishment served in error
(1) This section
applies if, because of an error in administering this Act, a person (the
offender ) liable to punishment described in subsection (2) is punished
for longer than is provided for by law.
(2) The punishment
referred to in subsection (1) is —
(a)
imprisonment under a warrant of commitment issued under section 53; or
(b)
community corrections activities done under a work and development order made
under section 48.
(3) This section
applies whether the error was made, or the person was punished, before or
after the day on which the Fines, Penalties and Infringement Notices
Enforcement Amendment (Compensation) Act 2009 section 4 comes into
operation.
(4) The Registrar may
credit the offender with an amount of money calculated at the rate that, when
the amount is credited, applies for working out the time for which an offender
is to be imprisoned or do community corrections activities.
(5) The Registrar
may —
(a) pay
the amount credited to the offender; or
(b)
offset the whole or any part of it against any amount that the offender owes
for, or because of, a fine registered under section 41(1); or
(c) in
circumstances described in subsection (6), apply the whole or any part of
it to payment of the whole or any part of the modified penalty and enforcement
fees payable in respect of an infringement notice registered under
section 16.
(6) The Registrar may
apply an amount in accordance with subsection (5)(c) if —
(a)
under section 18(1), the Registrar could, in respect of the infringement
notice, issue a notice of intention to suspend licences; or
(b) the
Registrar has issued a notice of that kind and the alleged offender has not
made an election under section 21.
(7) Whether or not the
Registrar gives the offender a credit under this section, the State is not
liable in respect of punishment inflicted as a result of the error.
