Australian Capital Territory Numbered Acts

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MAGISTRATES COURT (AMENDMENT) ACT 1998 (NO. 25 OF 1998) - SECT 25

Existing fines—in default

(1)     This section applies to a person who is in default in payment of an existing fine.

(2)     If a warrant of commitment in respect of the person had not been issued under section 150 of the Principal Act before the commencement day, the Registrar shall give the person a default notice in accordance with section 151 of the amended Act as soon as practicable.

(3)     A warrant of commitment issued under section 150 of the Principal Act before the commencement day, has effect on and after that day as if it were a warrant of commitment under section 154D of the amended Act.

(4)     A warrant of commitment issued under section 150 of the Principal Act before the commencement day shall not be executed on or after that day unless the Registrar has examined the person's capacity to pay the fine and is satisfied that there is no reasonable likelihood of the fine being recovered.

(5)     A person imprisoned under a warrant of commitment issued under section 150 of the Principal Act before the commencement day, remains liable to imprisonment, subject to the amended Act, in accordance with the order or sentence to which the warrant relates.

(6)     Nothing in subsection (3), (4) or (5) shall be taken to limit the Registrar's power under the amended Act to revoke a warrant or issue a default notice to a person in respect of an existing fine.



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