Victorian Numbered Regulations Victorian Numbered RegulationsFor Forms 6–5A and 6–5B of the Supreme Court (Criminal Procedure) Rules 2008 substitute —
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"Rule 5.03(1) |
FORM 6–5A |
IN THE SUPREME COURT OF VICTORIA
AT
A.B.
and
C.D.
APPLICATION FOR *INSTALMENT ORDER
*TIME TO PAY ORDER
*VARIATION OF INSTALMENT ORDER OR TIME TO PAY ORDER
*FINE CONVERSION ORDER
1. I, [f ull name ], of [ address ] [ occupation ] apply to the proper officer of the Court at for—
*an order that the fine be paid by instalments.
*an order that time be allowed for payment of the fine.
*an order for the variation of the terms of an instalment order or a time to pay order.
*an order to perform unpaid community work (a fine conversion order).
2. On I was ordered to pay a fine.
3. The Court ordered that I pay $ in fines and costs.
4. I *was/*was not present when the order was made.
5. The Court ordered that the fines and costs be paid—
*by / /20 .
*by instalments of $ to be paid on the day of each
*week/*fortnight/*month.
*did not make any order about payment.
6. I have made the following payments under the order—
[ here set out details of payments made ].
7. *I now want to pay the money I owe—
*by [ date ]
*by instalments of $ on the day of each *week/*fortnight/ *month starting on [ date ].
[ or where application is for a fine conversion order ]
*I now apply for a fine conversion order requiring me to perform unpaid community work as directed by the Secretary (as defined in the Sentencing Act 1991 ) instead of paying the fine. I agree to comply with such an order.
8. At present I receive $ each week after tax has been deducted.
9. My weekly expenses are $ .
10. This leaves me with $ .
Dated: [ Signature of Applicant ]
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*Delete if not applicable
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Rule 5.07(1) |
FORM 6–5B |
NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES
A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the Supreme Court. A summary of the fine(s) and the total amount still outstanding is attached.
You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary.
YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN:
• AN INSTALMENT ORDER; OR
• A TIME TO PAY ORDER; OR
• A FINE DEFAULT UNPAID COMMUNITY WORK ORDER UNDER SECTION 69D OF THE SENTENCING ACT 1991
[ see below ].
Payment must be made to The Prothonotary, [ insert address ].
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IF YOU CANNOT PAY
You may apply to the proper officer of the Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.
If you do not pay the fine and do not make an application to the proper officer, you may apply under section 69D of the Sentencing Act 1991 to the Court for an order requiring you to perform unpaid community work instead of paying the fine (a fine default unpaid community work order). Under such an order, you would be required to perform one hour of unpaid work for each 0.2 penalty units or part of 0.2 penalty units of each fine outstanding. A minimum of 8 hours work as directed by the Secretary (as defined in the Sentencing Act 1991 ) would have to be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.
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IF YOU DO NOT PAY OR TAKE ANY ACTION
If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than 28 days, it may—
* if you consent, make a fine default unpaid community work order requiring you to perform unpaid community work as directed by the Secretary for one hour for each 0.2 penalty units or part of 0.2 penalty units then remaining unpaid with a minimum of 8 and a maximum of 500 hours; or
* order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months; or
* order that the amount of the fine then unpaid be levied under a warrant to seize property; or
* vary any existing order for payment of the fine by instalments; or
* adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; and
* in addition, make any other order it thinks fit against you in relation to costs.".