Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts18. Section 116H of the Principal Act is repealed and the following section substituted:
“116H. (1) Subject to subsection (4), where—
(a) a defendant is convicted under this Part of an offence against a law referred to in a paragraph of subsection 116A (3); and
(b) at the time that the defendant is sentenced, the defendant is not before the Court or is not represented before the Court by counsel or a solicitor;
the only penalty that the Court may impose is a fine of an amount not exceeding the amount referred to in that paragraph.
“(2) Subsection (1) does not prevent a Court imposing a penalty of imprisonment in default of payment of a fine.
“(3) Where—
(a) the Court convicts a defendant of an offence against a law referred to in a paragraph of subsection 116A (3);
(b) the law provides in effect that a penalty other than a fine may be imposed on the defendant; and
(c) at the time that the defendant is sentenced, the defendant is not before the Court or is not represented before the Court by counsel or a solicitor;
and the Court considers that a penalty other than a fine may be appropriate—
(d) the Court shall adjourn the hearing and fix a time and place for sentence; and
(e) the Registrar shall give to the defendant notice of the time and place so fixed.
“(4) Where a defendant convicted of an offence against a law referred to in a paragraph of subsection 116A (3) does not appear at the time and place fixed under subsection (3), the Court, in the absence of the defendant, may impose on the defendant any penalty that is applicable under that law.”.