52   Provisions relating to annulment of enforcement orders

(1)  The State Debt Recovery Office or the Local Court, if dealing with an application for annulment, may stay enforcement action under the penalty notice enforcement order subject to such terms and conditions as that Office or Court thinks fit.

(2)  (Repealed)

(3)  An application may be made for the annulment of a penalty notice enforcement order completely or only to the extent of some of the penalty notices to which it applies.

(4)  If a penalty notice enforcement order is annulled completely:

(a)  the order then ceases to have effect, and

(b)  any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under another penalty notice enforcement order or a court fine enforcement order, and

(c)  enforcement costs are not payable in respect of the issue of the order and, if paid, are repayable, and

(d)  any amount that has been paid under the order is repayable to the person by whom it was paid, unless the amount was paid to the State Debt Recovery Office at the time of making an application for the annulment of the order under section 49 (1) (a).

(5)  If a penalty notice enforcement order is annulled only to the extent of some of the penalty notices to which it applies:

(a)  the order continues to have effect in respect of the remaining penalty notices to which it applies, and

(b)  any amount that has been paid under the order is to be applied to payment of the remaining penalty notices to which it applies and any enforcement costs in respect of that order.

(6)  Despite subsections (4) and (5), any amount paid under a partially or completely annulled penalty notice enforcement order that would otherwise be repayable to a person may instead be allocated by the State Debt Recovery Office towards the payment of amounts payable under any other fine enforcement order that is in force in relation to the person.

(6A)  The State Debt Recovery Office must notify the person concerned of any allocation made under subsection (6), but a failure to notify the person does not affect that allocation.

(7)  If a penalty notice enforcement order is annulled, the period within which proceedings for an offence may be instituted in respect of the matter under section 179 of the Criminal Procedure Act 1986 or any other Act commences on the date the order is annulled.