Sentencing Amendment Regulations (No. 2) 2000 (WA)

29 December 2000] GOVERNMENT GAZETTE, WA 7919

JM302*

Sentencing Act 1995

Sentencing Amendment Regulations (No. 2) 2000

28 July and 25 August 2000.]

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Sentencing Amendment
Regulations (No. 2) 2000.

2.            Commencement

These regulations come into operation on the day on which Part 3 of the Sentencing Legislation Amendment and Repeal Act 1999 comes into operation.

3.            The regulations amended

The amendments in these regulations are to the Sentencing
Regulations 1996*.
[* Published in Gazette 4 October 1996, pp. 5281-96.

For amendments to 4 December 2000 see Gazette 3 March,

7920 GOVERNMENT GAZETTE, WA 129 December 2000

4.	Regulations 8A and 813 inserted After regulation 8 the following regulations are inserted -
M.

8A.	Form of restitution order
A restitution order is to be made in the approved form.
8B.	Recovery of enforcement costs
(1)	In this regulation - "non-complying person" means a person who has

failed to comply with a restitution order;

"Sheriff's costs" means the reasonable costs incurred

by the Sheriff in enforcing, or attempting to

enforce, a restitution order.

(2)	If under section 120A of the Act the Sheriff seizes, or attempts to seize, property that is the subject of a restitution order, the Sheriff may demand from the non-complying person payment of the Sheriff's costs.
(3)	If the non-complying person does not comply with a demand made under subregulation (2) the Sheriff may recover the Sheriff's costs from that person in a court of competent jurisdiction as a debt due to the Sheriff.

5.            Regulation 13 amended

The Table to regulation 13 is amended by inserting after the item for Form 3 the following item -

"

119A Warrant of commitment for breach of 3A

compensation order

6.            Schedule I amended

Schedule 1 is amended by inserting after Form 3 the following
Form -

44  

3A. Warrant of commitment for breach of compensation order

WESTERN AUSTRALIA	71 Supreme Court
Sentencing Act 1995, s. 1 19A	71 District Court 71 Children's Court
WARRANT OF	J Court of summary jurisdiction
COMMITMENT	At:
FOR BREACH OF
COMPENSATION ORDER	CWl Warrant No.

29 December 2000] GOVERNMENT GAZETTE, WA 7921

To	All police officers
Chief executive officer under the Prisons Act 1981.
Offender	Name:  Date of birth:
Address:

Reason for The offender has been ordered to pay compensation in

issue of	accordance with a compensation order issued under
warrant	Part 16 Division 2 of the Sentencing Act 1995. In addition, under section 119A of the Sentencing Act 1995, this court ordered that if the offender did not
pay the compensation by the date set for payment stated below the offender was to be imprisoned. The offender has not paid the compensation as ordered.

Command This warrant authorises and commands you to arrest and imprison the offender in accordance with the above order and section 119A of the Sentencin: Act 1995.

Amount	Total compensation ordered_ $
outstanding Less any amount paid	- $

Amount outstanding = $

Date of	Date set for
order	payment
Period of	Until compensation is paid with maximum period —

imprison-	0	set by this court at	days; or
m ent

CI determined under s. 119A(3) to be days

CI Cumulative CI Concurrent

Warrant	Signature:	Date:
issued by	Name:

Official title:

Execution	Offender arrested on	at	hours
details	at:

by:	Regimental No.
of:	police station/division
Signature:	Date:

Under s. 119A(4) service of the term of imprisonment does not reduce or discharge the offender's liability to pay the compensation ordered.

17

By Command of the Governor.

ROD SPENCER, Clerk of the Executive Council.