Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 86 r 63)
(1) This rule applies if the convicted person for a conviction or sentence is sentenced to pay a fine.
(2) If the convicted person appeals against the conviction or sentence, any amount paid by the person as the fine, or part of the fine, must be kept by the person authorised to receive the fine until the appeal is finally decided.
(3) If the convicted person has paid an amount mentioned in subrule (2), and the person's appeal is upheld, the person is entitled to a refund, unless the Court of Appeal otherwise orders.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
(4) Without limiting rule 6016 (Application in proceeding—oral application), an application for an order otherwise ordering under subrule (3) may be made orally, unless the Court of Appeal otherwise orders on application by a party to the appeal or on its own initiative.
(5) In this rule:
"fine" includes an amount for costs or any other amount ordered to be paid by the convicted person in relation to an offence.
Examples
1 a financial penalty imposed by a court for an offence
2 a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence
3 costs payable to the Territory under a court order in a proceeding for an offence
4 a levy imposed under the Victims of Crime (Financial Assistance) Act 1983
5 an amount payable under a reparation order under the Crimes (Sentencing) Act 2005 , section 19 (Reparation orders—losses and expenses generally)
Note An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).