Auburn Council v Zizikas and Ors [1999] NSWLEC 222

Auburn Council v Zizikas and Ors [1999] NSWLEC 222

The Land and Environment Court has no power under s 122(2) of the Fines Act 1996 to order that a moiety of fines imposed for contempt be paid to the prosecutor, because fines for contempt are not 'imposed by an Act' and contempt is not an 'offence' within the meaning of the Act.

Jurisdiction
Australia
Judgment Date
23 September 1999
Procedural Posture
Contempt Proceedings / Application for Order Pursuant to S 122(2) of the Fines Act 1996
Outcome
Application dismissed
Legal Topics
['power to Order Payment of Moiety of Fine' 'definition of Offence for Purpose of Fines' 'jurisdiction for Contempt Fines']
['contempt of Court' 'criminal Procedure'] ['power to Order Payment of Moiety of Fine' 'definition of Offence for Purpose of Fines' 'jurisdiction for Contempt Fines']

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Procedural Posture

Contempt Proceedings / Application for Order Pursuant to S 122(2) of the Fines Act 1996

Legal Issues

  1. 1 ['Whether the Land and Environment Court has power under s 122(2) of the Fines Act 1996 to order a moiety of fines for contempt be paid to the prosecutor' "Whether contempt of court constitutes an 'offence' for the purposes of the Fines Act 1996"]

Ratio Decidendi

The Land and Environment Court has no power under s 122(2) of the Fines Act 1996 to order that a moiety of fines imposed for contempt be paid to the prosecutor, because fines for contempt are not 'imposed by an Act' and contempt is not an 'offence' within the meaning of the Act.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']