Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions

384: Enforcement of fines imposed or varied by appeal court

You could also call this:

"What happens when an appeal court decides or changes a fine"

Illustration for Criminal Procedure Act 2011

If an appeal court imposes or varies a fine, you need to know how it is enforced. The fine is enforceable in a specific way, depending on which court made the original decision. If the original decision was made by the District Court, the rules in Part 3 of the Summary Proceedings Act 1957 apply to you.

If the original decision was made by a different court, different rules apply to you. In this case, the rules in section 19 of the Crimes Act 1961 apply. This means that the way the fine is enforced depends on which court originally imposed the sentence or made the decision.

You can find more information about how fines are enforced by looking at the specific laws that apply to your situation, such as section 212 which explains what an appeal court is.

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Part 8Miscellaneous and transitional provisions
Miscellaneous provisions

384Enforcement of fines imposed or varied by appeal court

  1. If an appeal court (within the meaning of section 212) imposes or varies a fine, the fine is enforceable in accordance with subsection (2) or (3).

  2. If the court that imposed the sentence or made the decision or order under appeal was the District Court, Part 3 of the Summary Proceedings Act 1957 applies.

  3. In any other case, section 19 of the Crimes Act 1961 applies.