Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 378

S. 378(1) amended by No. 48/2006 s. 21.

    (1)     If for a period of more than one month a person defaults in the payment of a fine or of any instalment under an instalment order, the Court may—

(a)     determine that payment of the amount of the fine that remains unpaid not be enforced; or

        (b)     adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; or

(c)     order that the fine be varied as specified in the order of the Court; or

        (d)     if the default is in the payment of an instalment under an instalment order, order that the instalment order be varied as specified in the order of the Court; or

        (e)     order that the fine then unpaid be levied by a warrant to seize property; or

S. 378(1)(f) amended by Nos 48/2006 s. 21, 28/2007 s. 3(Sch. item 8).

        (f)     release the person on probation or a youth supervision order for a period not exceeding 3 months but in no case extending beyond the person's twenty-first birthday.

S. 378(2) amended by No. 48/2006 s. 21.

    (2)     The Court must not make an order under subsection (1) unless the person has been served by post or otherwise with a notice to appear before the Court in respect of the default in payment.

S. 378(3) amended by No. 48/2006 s. 21.

    (3)     If—

S. 378(3)(a) amended by No. 48/2006 s. 21.

        (a)     a notice is served on a person under subsection (2) and the person fails to appear before the Court at the time specified and the Court is satisfied that the notice has come to the attention of the person; or

        (b)     service of a notice under subsection (2) cannot be effected—

the Court may adjourn the proceeding and order that a warrant to arrest the person be issued.