Crimes Act. Australia

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СКАЧАТЬ so far as it is not inconsistent with a law of the Commonwealth; and

      (b) with the modifications made by or under this section.

      (1AA) If a law of a State or Territory requires or permits a person or authority other than a court to take action to impose a penalty described in subsection (1AB) for failure to pay a fine, the law applies under subsection (1) as if the law did not require or permit the person or authority to take the action but instead:

      (a) allowed any person to apply to a court of summary jurisdiction of the State or Territory for an order imposing the penalty; and

      (b) allowed the court to make the order; and

      (c) provided for the order to have the same effect that the taking of the action by the person or authority has under the law without the modifications made by or under this subsection; and

      (d) were subject to any prescribed modifications consequential on the other modifications described in this subsection, or facilitating the operation of the law with those modifications.

      (1AB) Subsection (1AA) applies in relation to any of the following penalties:

      (a) garnishment of a debt, wage or salary;

      (b) a charge or caveat on property;

      (c) seizure of property;

      (d) forfeiture of property;

      (e) community service by a person who failed to pay a fine;

      (f) detention or imprisonment of a person who failed to pay a fine;

      (g) a penalty that is similar to a penalty described in paragraph (a), (b), (c), (d), (e) or (f);

      (h) a penalty prescribed by the regulations.

      (1AC) Jurisdiction is conferred on a court of summary jurisdiction of a State or Territory to make orders described in subsection (1AA).

      (1ACA) Paragraph 26(d) of the Acts Interpretation Act 1901 does not apply in relation to subsections (1AA) and (1AC).

      (1AD) If a law of a State or Territory requires or permits a court or a court officer to:

      (a) refer a matter to a person or organisation; or

      (b) notify a person or organisation; or

      (c) provide information to a person or organisation;

      in relation to the enforcement or recovery of a fine imposed by the court, the law applies under subsection (1) in relation to a federal court in the same way as it applies to a court of the State or Territory.

      (1A) Where there is a law of a State or Territory with respect to the enforcement or recovery of fines ordered to be paid by offenders (including a law described in subsection (1AA)) that applies in relation to fines ordered to be paid by offenders convicted by courts of summary jurisdiction:

      (a) subsection (1) operates to require that law to apply and be applied to persons who are convicted summarily of federal offences by a federal court in the same manner as that law would apply and be applied if the federal court were a court of summary jurisdiction; and

      (b) that subsection does not operate in relation to any law of that State or Territory that applies in relation to fines ordered to be paid by offenders convicted by superior courts.

      (1B) If a law of a State or Territory:

      (a) is with respect to the enforcement or recovery of fines ordered to be paid by offenders (including a law described in subsection (1AA)); and

      (b) applies in relation to fines ordered to be paid by offenders convicted on indictment;

      subsection (1) operates to require that law to apply and be applied in the same manner to persons who are convicted on indictment of federal offences by a federal court.

      (2) Without limiting the generality of subsection (1), in the application to a person convicted of a federal offence of any State or Territory laws with respect to the enforcement or recovery of fines, a requirement that the amount of a fine be paid to a State or Territory office or officer is to be treated as a requirement that the amount of the fine be paid in accordance with the law of the Commonwealth.

      (3) Where a court imposes a sentence or sentences of imprisonment on a person in respect of a failure to pay a fine or fines imposed for a federal offence or offences, the court must direct that the sentence, or all the sentences, commence to be served from the earliest practicable day despite the fact that the person may, on that day, already be serving another sentence of imprisonment for a federal, State or Territory offence.

      (4) Despite subsection (3), a court may, where it is of the opinion that, in all the circumstances of the case, it is more appropriate to do so, direct that a period of imprisonment imposed on a person in respect of a failure to pay a fine imposed in respect of a federal offence commence to be served during, or at the end of, a period of imprisonment imposed for a similar failure in respect of another federal offence.

      (5) In this section:

      federal offence means an offence against the law of the Commonwealth.

      modifications includes additions, omissions and substitutions.

      15B Time for commencement of prosecutions

      (1) Subject to subsection (1B), a prosecution of an individual for an offence against any law of the Commonwealth may be commenced as follows:

      (a) if the maximum penalty which may be imposed for the offence in respect of an individual is, or includes, a term of imprisonment of more than 6 months in the case of a first conviction — at any time;

      (b) in any other case — at any time within one year after the commission of the offence.

      (1A) A prosecution of a body corporate for an offence against any law of the Commonwealth may be commenced as follows:

      (a) if the maximum penalty which may be imposed for the offence in respect of a body corporate is, or includes, a fine of more than 150 penalty units in the case of a first conviction — at any time;

      (b) in any other case — at any time within one year after the commission of the offence.

      (1B) A prosecution of an individual for an offence that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code, or against another law of the Commonwealth dealing with aiding and abetting, in relation to an offence committed by a body corporate may be commenced as follows:

      (a) if the maximum penalty which may be imposed for the principal offence in respect of a body corporate is, or includes, a fine of more than 150 penalty units in the case of a first conviction — at any time;

      (b) in any other case — at any time within one year after the commission of the offence by the individual.

      (2) Notwithstanding any provision in any law of the Commonwealth passed before the commencement of this Act and providing any shorter time for the commencement of the prosecution, any prosecution for an offence against the law may be commenced at any time within one year after the commission of the offence.

      (3) СКАЧАТЬ