(5) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person— (a) did not have the capacity to pay the relevant S. 171C(5)(a) amended by infringement fine; or No. 59/2017 s. 53(3). (b) had another reasonable excuse for the nonpayment. (6) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. (7) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. 171D Additional powers of the Magistrates' Court S. 171D inserted by No. 29/2016 s. 42. (1) If the Magistrates' Court makes an order under S. 171D(1) amended by section 171C(2)(b) discharging in part any No. 59/2017 relevant infringement fine, the Court, in respect of s. 54(a). any undischarged relevant infringement fine, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Magistrates' Court makes an order under S. 171D(2) amended by section 171C(2)(c) or (4)(e) for imprisonment in No. 59/2017 default of payment of any relevant infringement s. 54(b). fine—
(5) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person— S. 171C(5)(a) amended by No. 59/2017 s. 53(3). (a) did not have the capacity to pay the relevant infringement fine; or (b) had another reasonable excuse for the nonpayment. (6) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. (7) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. S. 171D inserted by No. 29/2016 s. 42. 171D Additional powers of the Magistrates' Court S. 171D(1) amended by No. 59/2017 s. 54(a). (1) If the Magistrates' Court makes an order under section 171C(2)(b) discharging in part any relevant infringement fine, the Court, in respect of any undischarged relevant infringement fine, may make— (a) a time to pay order; or (b) an instalment order. S. 171D(2) amended by No. 59/2017 s. 54(b). (2) If the Magistrates' Court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any relevant infringement fine—
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