(1) In this section ¾

}minimum fine~ means a pecuniary penalty provided for or in relation to an offence that is expressed to be a minimum penalty, whether by the use of the expression }minimum penalty~ or }not less than~ or another like expression.

(2) Without limiting the Sentencing Act 1995, and despite any other written law, a minimum fine in this Act is irreducible in mitigation.

(3) A court sentencing a person who has been convicted of ¾

(a) a first offence against section 63 or 67; or

(b) an offence against section 64 or 67A,

may, instead of imposing a fine ¾

(c) order the release of the person and impose a community based order under Part 9 of the Sentencing Act 1995 with at least the community service requirement as a primary requirement of the order; or

(d) if the offender is a young person under the Young Offenders Act 1994, subject to sections 50, 50A and 50B of that Act, make a youth community based order under that Act imposing at least community work conditions on the offender.

(4) If a court sentencing a person who has been convicted of ¾

(a) an offence against section 49 committed in the circumstances mentioned in section 49(2); or

(b) a second or subsequent offence against section 63 or 67,

orders the release of the offender and imposes a community based order or an intensive supervision order under the Sentencing Act 1995, the court must impose at least the community service requirement as a primary requirement of the order.

(5) If a court sentencing a person who has been convicted of ¾

(a) an offence against section 49 committed in the circumstances mentioned in section 49(2); or

(b) a second or subsequent offence against section 63 or 67,

orders the release of the offender and imposes a youth community based order or an intensive youth supervision order under the Young Offenders Act 1994, the court must impose community work conditions on the offender as part of the order.

[Section 106 inserted by No. 50 of 2003 s. 28; amended by No. 74 of 2003 s. 105(4).]