Page 2211 - Week 06 - Tuesday, 22 June 2010

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Schedule of amendments

Schedule 1

Crimes (Sentence Administration) Amendment Bill 2010

Amendments moved by Mr Rattenbury

1

Clause 6

Proposed new section 116W (2) (a)

Page 25, line 11—

omit proposed new section 116W (2) (a), substitute

(a) a statement setting out the grounds of the application including—

(i) the reasons why the chief executive considers the order would not be unfair or cause undue hardship to the fine defaulter or any other person affected by the order; and

(ii) if the chief executive seeks a particular fine enforcement order—the reasons why the chief executive seeks the order;

2

Clause 6

Proposed new section 116X (1)

Page 26, line 4—

omit proposed new section 116X (1), substitute

(1) The Magistrates Court may, on application by the chief executive, make a fine enforcement order against a fine defaulter if the court is satisfied that—

(a) the order would not be unfair or cause undue hardship to the defaulter or any other person affected by the order; and

Example—other person affected

a dependent of the defaulter

Note  An example is part of the Act 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).

(b) it is otherwise in the interests of justice to make the order.

3

Clause 6

Proposed new section 116X (3)

Page 26, line 12—

omit

In deciding whether it is in the interests of justice to make a fine enforcement order against a fine defaulter

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