Crimes Amendment Act (No 2) 2011

4 Section 19 substituted
  • Section 19 is repealed and the following section substituted:

    19 Enforcement of fines by High Court
    • (1) If the High Court imposes 1 or more fines, Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to any necessary modifications and subject to the modifications in subsections (2) to (5).

      (2) Without limiting the actions that the High Court may take under Part 3 of the Summary Proceedings Act 1957 in relation to the fine or fines, the High Court may make any orders that it thinks fit, including a charging order or sale order in relation to the offender's real property.

      (3) To avoid doubt, section 88A of the Summary Proceedings Act 1957 does not apply if the High Court makes, in accordance with subsection (2), a charging order or sale order in relation to real property.

      (4) If an offender is sentenced by the High Court to community work, community detention, or home detention under section 88AE(1) of the Summary Proceedings Act 1957 or is imprisoned under a warrant of commitment issued under that section,—

      • (a) section 89(2) and (3) of the Summary Proceedings Act 1957 apply with any necessary modifications as if—

        • (i) the references in those subsections to a District Court Judge were references to a High Court Judge; and

        • (ii) the reference to the High Court was a reference to the Court of Appeal; and

      • (b) sections 115 and 121 of the Summary Proceedings Act 1957, and any other relevant provisions of that Act relating to appeals against sentence, apply with any necessary modifications as if—

        • (i) the references in those sections to a District Court were references to the High Court; and

        • (ii) the references in those sections to the High Court were references to the Court of Appeal.

      (5) Despite section 90 of the Summary Proceedings Act 1957, the period of imprisonment that the High Court may impose on the offender for the non-payment of 1 or more fines must not exceed, for each fine, the lesser of—

      • (a) the maximum term of imprisonment to which the offender was liable on the conviction; or

      • (b) a period of 2 years.

      (6) If the High Court enforces 1 or more fines under this section, the Court may, at the same time, enforce any outstanding fine or fines imposed on the offender by a District Court.

      (7) For the purposes of subsection (6), the outstanding fine or fines imposed by the District Court must be treated as if the fine or fines were imposed by the High Court and, in accordance with subsection (1), Part 3 of the Summary Proceedings Act 1957 applies to the fine or fines, subject to any necessary modifications, and—

      • (a) subject to the modifications in subsections (2) to (5), if the outstanding fine or fines were imposed in the District Court's indictable jurisdiction; and

      • (b) subject to the modifications in subsections (2) and (4), but not the modification in subsection (5), if the outstanding fine or fines were imposed in the District Court's summary jurisdiction.

      (8) A Registrar of a District Court or of the High Court may exercise any jurisdiction and powers conferred on a Registrar of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1), that Part applies.

      (9) A bailiff of a District Court may exercise any jurisdiction and powers conferred on a bailiff of a District Court by Part 3 of the Summary Proceedings Act 1957 in respect of the fine or fines imposed by the High Court to which, under subsection (1), that Part applies.

      (10) The amount of the fee payable if default is made in the payment of 1 or more fines imposed by the High Court to which, under subsection (1), Part 3 of the Summary Proceedings Act 1957 applies is the same as that prescribed by regulations, made under the Summary Proceedings Act 1957, in respect of enforcement action taken under that Act to enforce the fine or fines.

      (11) To avoid doubt, sections 92A to 92I of the Summary Proceedings Act 1957 apply, subject to any necessary modifications, to any fine or fines imposed by the High Court, and accordingly, the chief executive of the Ministry of Justice may, among other things authorised by those sections, disclose information about default balances relating to such fine or fines in accordance with those sections.

      (12) For the purposes of this section, and subject to subsection (4), any reference in Part 3 of the Summary Proceedings Act 1957 to—

      • (a) a Court is, unless the context otherwise requires, taken to be a reference to the High Court; and

      • (b) a District Court Judge is, unless the context otherwise requires, taken to be a reference to a High Court Judge; and

      • (c) a Registrar is, unless the context otherwise requires, taken to be a reference to a Registrar of the High Court or of a District Court and includes a Deputy Registrar.

      (13) In this section, fine has the meaning given to it in section 79 of the Summary Proceedings Act 1957.