Page 1691 - Week 05 - Thursday, 11 May 2006

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(2) However, the registrar may make a community service fine enforcement order against a fine defaulter only if—

(a) the registrar is satisfied that all reasonable action has been taken under this division to secure payment and there is no reasonable likelihood of the outstanding fine being paid; and

(b) the outstanding fine has not been remitted by the Executive; and

(i) community service work is suitable for the fine defaulter; and

(ii) it is appropriate that the defaulter be required to perform community service work instead of an order being made under section 154D (Fine defaulters—imprisonment) for the defaulter.

(3) The registrar may, by written notice, require a fine defaulter to give the registrar any information that the registrar may reasonably require to form a belief for subsection (2) (c).

Note If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.

(4) A notice under subsection (3) must state the period within which the information must be given to the registrar.

(5) The Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work) applies to a fine defaulter who is subject to a community service fine enforcement order as if the order is a good behaviour order that is subject to a community service condition.

(6) If the registrar is satisfied that a fine defaulter has breached a community service fine enforcement order the registrar must cancel the order.

(7) This section does not apply to a person if the person’s liability to pay the fine is derived from a reparation order under the Crimes (Sentencing) Act 2005.

Note A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).

(8) In this section:

community service condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 85.

good behaviour order—see the Crimes (Sentencing) Act 2005, section 13.

154B Community service work—hours to be performed by fine defaulters

(1) The number of hours of community service work that the fine defaulter may be ordered to perform under a community service fine enforcement order is the lesser of—

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