Section 39 — Sentencing Act 2002: Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence

39 Power to impose fine instead of imprisonment, sentence of home detention, or community-based sentence (1) If an enactment provides that a court may sentence an offender to imprisonment but does not prescribe a fine, the court may sentence the offender to pay a fine instead of sentencing the offender to imprisonment. (2) If an enactment provides that a court may sentence an offender to a community-based sentence but does not prescribe a fine, the court may sentence the offender to pay a fine instead of imposing a community-based sentence. (2A) If an enactment provides that a court may sentence an offender to a sentence of home detention but does not provide for a fine, the court may sentence the offender to pay a fine instead of imposing a sentence of home detention. (3) Subsections (1) , (2), and (2A) are subject to any express provision to the contrary in the relevant enactment. (4) No person may, except as provided by section 28F of the District Courts Act 1947 , be sentenced by a District Court in accordance with this section to pay a fine exceeding— (a) $10,000, if the Court is presided over by a Judge; or (b) $400, if the Court is presided over by a Justice or 1 or more Community Magistrates. Compare: 1985 No 120 s 26(1) , (3) Section 39 heading: amended, on 1 October 2007, by section 16(1) of the Sentencing Amendment Act 2007 (2007 No 27). Section 39(2A): inserted, on 1 October 2007, by section 16(2) of the Sentencing Amendment Act 2007 (2007 No 27). Section 39(3): amended, on 1 October 2007, by section 16(3) of the Sentencing Amendment Act 2007 (2007 No 27).