The reference concerned questions as to maximum fines, the criteria to be taken into account in imposing fines and alternative means of enforcing payment in the event of default.
In 1979 the aspect of the reference that related to the enforcement of fines was incorporated as part of the Commission’s comprehensive reference on the Justices Act 1902 (WA) - Project No. 55. The remaining aspects of the reference were deferred pending the results of inquiries that were being carried out by the Australian Law Reform Commission for its project on sentencing.
Terms of Reference
In 1972 the Committee was asked to consider and report on:
- the law relating to the imposition and enforcement of fines by the courts; and
- alleged inconsistencies and inadequacies in the imposition of penalties.
Outcomes
The reference was withdrawn in 1982. The Commission was of the view that this reference should be withdrawn in light of the report of the Committee of Inquiry into the Rate of Imprisonment in Western Australia and the report of the Australian Law Reform Commission on the sentencing of federal offenders. It was intended that any aspects of the reference not covered by the Committee of Inquiry’s report and the work of the ALRC, were to be dealt with by the Commission as part of its extensive review of the Justices Act 1902 (WA).
