Community service orders will only be made where the Court (on an application made by the Fines Enforcement and Recovery Officer) is satisfied that the debtor does not have, and is not likely to have within a reasonable time, the means of satisfying the amount owed without them or their dependants suffering hardship [Criminal Law (Sentencing) Act 1988 (SA) s 70U].
The Fines Enforcement and Recovery Officer may, at any time, investigate a debtor’s financial circumstances to determine whether he/she can pay the debt [ Criminal Law (Sentencing) Act 1988 (SA) s 70B]. Failure to comply with any request for information is an offence.
Maximum penalty: $10 000.
If, at any time, the Fines Enforcement and Recovery Officer is satisifed that a debtor subject to a community service order has the means to pay a fine without they or their dependants suffering hardship, the Court may revoke the community service order [s 70U(10)].
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