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Legislative Assembly for the ACT: 1998 Week 4 Hansard (25 June) . . Page.. 1114 ..


MR STANHOPE (continuing):

(b) the fine defaulter has attained the age of 18 years; and

(c) the Executive has refused to remit the outstanding fine under section 159;

the Registrar shall refer the matter to the Court for consideration under subsection 556G(3) of the Crimes Act 1900.

`(2) The Registrar shall not act under subsection (1) Ñ

(a) unless Ñ

(i) the Registrar has given the defaulter written notice that a referral is under consideration and that he or she may consent to the referral by notice in writing given to the Registrar within 30 days after the date of the notice; and

(ii) the defaulter consents to the referral; or

(b) if a previous such notice has been given to the defaulter in relation to the fine.

`(3) The power conferred by subsection (1) may not be exercised by a Deputy Registrar.

`(4) Subsection (1) does not apply to a person whose liability to pay the fine is derived from an order under section 437 of the Crimes Act 1900.

"154CB. Referral to Children's Court

`(1) Where Ñ

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

(b) the fine defaulter has not attained the age of 18 years;

the Registrar shall refer the matter to the Children's Court for consideration under subsection 54(5) of the Children's Services Act 1986.

`(2) The power conferred by subsection (1) may not be exercised by a Deputy Registrar.


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