Part 4 Fine enforcement action
57 Application and interpretation
(1) This Part applies to the enforcement of:(a) a fine imposed by a court following the making of a court fine enforcement order, and(b) the amount payable under a penalty notice following the making of a penalty notice enforcement order.(2) A court fine enforcement order or a penalty notice enforcement order is referred to in this Act as a fine enforcement order.(3) The person liable to pay the fine under a fine enforcement order is referred to in this Act as the fine defaulter.(4) In this Part, a reference to a fine includes a reference to any enforcement costs payable under the fine enforcement order and any other amount of a kind prescribed by the regulations.
58 Summary of enforcement procedure
(1) The following is a summary of the enforcement procedure under this Part following the making of a fine enforcement order:(a) Service of fine enforcement order
Notice of the fine enforcement order is served on the fine defaulter and the fine defaulter is notified that if payment is not made enforcement action will be taken (see Division 2).(b) Driver licence or vehicle registration suspension or cancellation
If the fine is not paid within the period specified, the Roads and Traffic Authority suspends any driver licence, and may cancel any vehicle registration, of the fine defaulter. If the driver licence of the fine defaulter is suspended and the fine remains unpaid for 6 months, the Roads and Traffic Authority cancels that driver licence (see Division 3).(c) Civil enforcement
If the fine defaulter does not have a driver licence or a registered vehicle or the fine remains unpaid after 6 months, civil action is taken to enforce the fine, namely, a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter (see Division 4).(d) Community service order
If civil enforcement action is not successful, a community service order is served on the fine defaulter (see Division 5).(e) Imprisonment if failure to comply with community service order
If the fine defaulter does not comply with the community service order, a warrant of commitment is issued to a police officer for the imprisonment of the fine defaulter (except in the case of children). The fine defaulter may apply to serve that period of imprisonment by way of periodic detention (see Division 6).(f) Fines payable by corporations
The procedures for fine enforcement (other than community service orders and imprisonment) apply to fines payable by corporations (see Division 7).(g) Fine mitigation
A fine defaulter may seek further time to pay and the State Debt Recovery Office may write off unpaid fines or make a work and development order in respect of the fine defaulter for the purposes of satisfying all or part of the fine. Applications for review may be made to the Hardship Review Board (see Division 8).(2) This section does not affect the provisions of this Part that it summarises.
Division 2 Service of fine enforcement order
59 Service on fine defaulter of notice of order
As soon as practicable after a fine enforcement order is made, the State Debt Recovery Office is to serve notice of the order on the fine defaulter.
(1) The notice of a fine enforcement order must inform the fine defaulter that:(a) the order has been made, and(b) the defaulter has until the final date specified in the notice to pay the fine and enforcement costs specified in the notice, and(c) if the payment is not made by that final date, further enforcement action will be taken against the defaulter to enforce the fine in accordance with this Part and, in particular, that the defaulter will be liable without further notice to have any driver licence or vehicle registration suspended or cancelled or property seized and sold, and(d) if the payment is not made by that final date, further enforcement costs will be payable (indicating, except as provided in subsection (1A), each amount of those costs and circumstances in which it is payable), and(e) review options are available relating to the fine enforcement order, including withdrawal, annulment, time to pay and the writing off of fines.(1A) The notice of a fine enforcement order may (but need not) contain information relating to the enforcement costs payable under section 76A when the Sheriff is required to take enforcement action.(2) If there is an approved form for such a notice, the notice must be in that form.(3) The inclusion in the notice of additional information and directions for the assistance or guidance of the person on whom it is served does not affect the validity of the notice.
(1) Notice of a fine enforcement order may be served on a person:(a) personally, or(b) by post, or(c) by means of a document exchange, or(d) by facsimile transmission or other electronic transmission, or(e) by any other manner prescribed by the regulations.(2) The address for service of any such notice of a court fine enforcement order includes the address for service of the person in connection with the proceedings in which the fine was imposed.(3) The address for service of any such notice of a penalty notice enforcement order includes:(a) the address of the person shown on the relevant penalty notice or supplied by the person in connection with the service of the relevant penalty notice, or(b) if the relevant penalty notice was served on the person in his or her capacity as owner or responsible person for a vehicle or owner of a vessel or was served by being left on a vehicle or vessel—the address shown in the records of the Roads and Traffic Authority or other public agency as the address of the owner or responsible person at the time the relevant penalty notice was served, or(c) if the relevant penalty notice was served on the person in his or her capacity as the person driving or in charge of a vehicle or vessel—the address specified in a notice given under section 38 (1) (a) as the address of the person in charge of the vehicle or vessel at the time of the alleged offence, or(d) the address provided for the person under section 117, if the State Debt Recovery Office is satisfied that it is the most recent address available for the person.
62 Time for service of notices by post
Despite any other provision of this Act, it is presumed that a notice of a fine enforcement order sent to a person by post is served on the person 7 days after it is posted, unless the person establishes that it was not served within that 7-day period.
63 Final date for payment in notices
(1) The final date for payment in a notice of a fine enforcement order must be at least 21 days after it is served on the person.(2) Accordingly, a notice that is posted may specify a date that is at least 28 days after the penalty reminder notice is posted as the final date for making the payment concerned.
64 Extension of final date if notice takes more than 7 days
(1) If a notice is served on a person more than 7 days after it was posted, the notice is not invalid merely because it specifies as the final date a date that is less than 21 days after it was served on the person.(2) In such a case however, the final date is extended to a date that is 21 days after the notice was served and the notice is taken to specify that date as the final date.
Division 3 Driver licence or vehicle registration suspension or cancellation
65 When enforcement action taken under this Division
(1) Enforcement action is to be taken against a fine defaulter under this Division if:(a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or(b) the State Debt Recovery Office has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or(c) the State Debt Recovery Office has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Office.(2) The Roads and Traffic Authority is to take that enforcement action when it is directed by the State Debt Recovery Office to do so.(3) Despite subsections (1) and (2), enforcement action with respect to a fine defaulter’s driver licence is not to be taken under this Division if:(a) the offence:(i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or(ii) in respect of which the penalty notice from which the fine concerned arises was served on the fine defaulter,occurred while the fine defaulter was under the age of 18 years, and(b) the offence is not a traffic offence.(4) The Roads and Traffic Authority is to cease enforcement action when directed to do so by the State Debt Recovery Office.(4A) If the Roads and Traffic Authority has taken fine enforcement action against a fine defaulter who is granted a first extension of time under this Act for payment of the fine, and the fine defaulter pays 6 instalments in accordance with the extension of time:(a) the State Debt Recovery Office must direct the Roads and Traffic Authority to cease the enforcement action, and(b) the Roads and Traffic Authority is to cease the enforcement action.(4B) The State Debt Recovery Office may direct the Roads and Traffic Authority to recommence enforcement action in respect of a fine defaulter referred to in subsection (4A) if the fine defaulter fails to pay any further instalment in accordance with the extension of time to pay.(5) The State Debt Recovery Office may direct the Roads and Traffic Authority to cease enforcement action under this Division even if a fine defaulter has not paid all outstanding fines under any fine enforcement order.(6) In this section:traffic offence means:
(a) an offence arising under a provision of the following Acts in respect of the use, standing or parking of a motor vehicle:(i) the road transport legislation within the meaning of the Road Transport (General) Act 2005,(ii) the Roads Act 1993,(iii) the Motor Vehicles (Third Party Insurance) Act 1942,(iv) the Recreation Vehicles Act 1983, or(b) an offence arising under a provision of any other law in respect of the standing or parking of a motor vehicle.Note. If the fine defaulter does not hold a driver licence or is not the registered operator of a vehicle, enforcement action can be taken instead under Division 4 (Civil enforcement).
66 Suspension or cancellation of driver licence
(1) The Roads and Traffic Authority must, without further notice, suspend any driver licence of a fine defaulter against whom it is required to take enforcement action for the balance of the period of the licence.(1A) The Roads and Traffic Authority must suspend the driver licence of a fine defaulter even if the State Debt Recovery Office has:(a) granted an extension of time for the payment of the fine, or(b) allowed the fine defaulter to pay the fine by instalments,after requiring the Roads and Traffic Authority to take enforcement action.(2) If the driver licence is suspended and:(a) where the State Debt Recovery Office has granted the fine defaulter an extension of time for payment of the fine, the fine remains unpaid for at least 6 months after the extended due date, or(b) where the State Debt Recovery Office has allowed the payment of a fine by instalments, an instalment remains unpaid for at least 6 months, or(c) in any other case, the fine concerned remains unpaid for at least 6 months,the Roads and Traffic Authority must, if the State Debt Recovery Office so directs, cancel the licence.(3) The Roads and Traffic Authority is to remove the suspension of a driver licence if the State Debt Recovery Office so directs.(3A) The obligation to suspend the driver licence of a fine defaulter under subsection (1) extends to any licence that is already suspended when enforcement action is required to be taken under this Division. Accordingly, if the period of suspension comes to an end before the expiry of the licence, the Roads and Traffic Authority is then to take action under subsection (1) to further suspend the licence if the State Debt Recovery Office so directs.(4) The State Debt Recovery Office (or the Roads and Traffic Authority on its behalf) may notify the fine defaulter of the enforcement action taken under this section, but a failure to notify the fine defaulter does not affect that action.(5) Despite the suspension or cancellation of a driver licence under this section, a court or the Roads and Traffic Authority may exercise a function under another Act to suspend or cancel the licence.
67 Cancellation of vehicle registration
(1) The Roads and Traffic Authority may, without further notice, cancel the registration of all or any motor vehicles of which a fine defaulter is the registered operator (or one of the registered operators) if:(a) it is required to take enforcement action against the fine defaulter but the fine defaulter does not hold a driver licence that is in force, and(b) the cancellation of the registration of those motor vehicles is in accordance with any guidelines issued under section 120.(2) The Roads and Traffic Authority must cancel the registration of a vehicle in accordance with this section if the State Debt Recovery Office so directs.(3) The State Debt Recovery Office (or the Roads and Traffic Authority on its behalf) may notify the fine defaulter of the enforcement action taken under this section, but a failure to notify the fine defaulter does not affect that action.
68 Suspension of dealings with Roads and Traffic Authority
(1) This section applies to a fine defaulter if:(a) the driver licence or vehicle registration of the fine defaulter is suspended or cancelled under this Division, or(b) the Roads and Traffic Authority is required to take enforcement action against the fine defaulter under this Division, but any such action to suspend or cancel the driver licence or vehicle registration of the fine defaulter is not available.(2) The Roads and Traffic Authority must, unless the State Debt Recovery Office otherwise directs, refuse to exercise any of the following functions if this section applies to a fine defaulter:(a) the issue of a driver licence to the fine defaulter or the renewal of the driver licence of the fine defaulter,(b) the registration of a vehicle in the name of the fine defaulter or the renewal of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators),(c) the transfer to another person of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators),(d) the issue of a number plate to the fine defaulter,(e) the testing of the fine defaulter for the purpose of the issue of a driver licence,(f) the issue of an unregistered vehicle permit to the fine defaulter,(g) the registration of a motor vehicle in the name of the fine defaulter, or the renewal of registration of a motor vehicle in the name of the fine defaulter, under the Recreation Vehicles Act 1983,(h) the issue of trader’s plates to the fine defaulter,(i) the processing of a number plate exchange for the fine defaulter,(j) the reservation of a particular number plate for the fine defaulter,(k) the ordering of a particular number plate, or a particular design of number plate, for the fine defaulter,(l) the testing of the fine defaulter to ascertain the fine defaulter’s eligibility for a driver’s licence,(m) the booking of a driving test for the fine defaulter,(n) the exercise of any other function of the Authority requested by the fine defaulter, being a function of a kind prescribed by the regulations for the purposes of this section.(3) If the Roads and Traffic Authority refuses to exercise any such function, it must, as soon as practicable, notify the fine defaulter that it has refused to do so because the person is a fine defaulter.(3A) The Roads and Traffic Authority is not obliged to notify the fine defaulter of a refusal under subsection (3) if it has previously notified the fine defaulter of an earlier refusal under that subsection.(4) This section ceases to apply to a fine defaulter if the State Debt Recovery Office so directs the Roads and Traffic Authority.(5) This section applies despite any obligation of the Roads and Traffic Authority to exercise a function that is imposed by or under any other Act.
69 Interim restoration or reinstatement of licence or registration pending appeal etc
(1) A person may apply to the Roads and Traffic Authority for restoration or reinstatement of a driver licence suspended or cancelled, or vehicle registration cancelled, under this Division if:(a) in the case of a penalty notice enforcement order—the person has lodged an application under Division 5 of Part 3 to have an application to annul the fine enforcement order concerned determined by the Local Court, or(b) in the case of a court fine enforcement order—the person has lodged an appeal against the conviction or sentence in respect of which the fine concerned was imposed or the person has lodged an application under Part 2 of the Crimes (Local Courts Appeal and Review) Act 2001 to annul that conviction or sentence,and those proceedings have not been determined.(2) The Roads and Traffic Authority must issue the person with a driver licence or certificate of vehicle registration, as the case requires, by way of restoration or reinstatement of the driver licence or vehicle registration suspended or cancelled under this Division.(3) A driver licence or vehicle registration so restored or reinstated has effect, subject to this Act, the Road Transport (Vehicle Registration) Act 1997 and the Road Transport (Driver Licensing) Act 1998, until the date on which:(a) the licence would have expired if the licence had not been suspended or cancelled, or(b) the registration would have expired if the registration had not been cancelled.(4) Any such restored or reinstated licence or registration may be suspended or cancelled under this Act following the determination of the proceedings referred to in subsection (1) or in connection with a different fine payable by the person.(5) A licence or registration cannot be restored or reinstated under this section if the licence or registration was also suspended or cancelled for reasons that do not give rise to a right of restoration or reinstatement under this section.
70 Effect of enforcement action on vehicle insurance
(1) A vehicle insurance policy is not terminated by the cancellation of the registration of the vehicle under this Division or the suspension or cancellation of the driver licence of the driver of the vehicle under this Division.(2) A claim under a vehicle insurance policy cannot be refused merely because the vehicle’s registration is cancelled under this Division or the driver licence of the driver of the vehicle is suspended or cancelled under this Division.(3) This section has effect despite anything to the contrary in a vehicle insurance policy or any other agreement.(4) In this section, a vehicle insurance policy is a policy of insurance in respect of damage or loss caused by or arising out of the use or operation of a vehicle (other than a third-party policy within the meaning of the Motor Accidents Compensation Act 1999).Note. Section 14 of the Motor Accidents Compensation Act 1999 provides that a third-party policy under that Act relating to personal injury is not cancelled by the cancellation of the registration of a motor vehicle under this Division.
71 When enforcement action taken under this Division
(1) Enforcement action is to be taken against a fine defaulter under this Division if the fine defaulter has not paid the fine as required by the notice of the fine enforcement order served on the fine defaulter and:(a) enforcement action is not available under Division 3 to suspend or cancel the driver licence or vehicle registration of the fine defaulter, or(b) the fine remains unpaid even though any available enforcement action was taken under Division 3.(2) Enforcement action may be taken under this Division by means of a property seizure order, a garnishee order or a charge on land, or by all or any combination of those means.Note. If enforcement action under this Division has not been or is unlikely to be successful in satisfying the fine, enforcement action can be taken against the fine defaulter under Division 5 (Community service orders).
72 Order to seize property of fine defaulter
(1) The State Debt Recovery Office may make an order for the seizure of the property of a fine defaulter for the purpose of levying the fine payable by the fine defaulter on that property. The order is called a property seizure order.Note. The Interpretation Act 1987 defines property to include land as well as personal property.(2) The State Debt Recovery Office may make a property seizure order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.(3) The order may be made in the absence of, and without notice to, the fine defaulter.(4) The order is to be directed to the Sheriff, and provided to the Sheriff by the State Debt Recovery Office for execution.(5) (Repealed)(6) A property seizure order operates as a writ for the levy of property issued by the Local Court under Part 8 of the Civil Procedure Act 2005 and, for that purpose, the State Debt Recovery Office is taken to be the judgment creditor.(7) If the Sheriff is required to execute a property seizure order and a writ of execution issued by a court or to execute more than one property seizure order, the priority to be accorded to their execution is as follows:(a) a property seizure order is to be executed before a writ of execution (even if the writ was issued before the order),(b) property seizure orders are to be executed in the order in which they were received by the Sheriff (unless the Sheriff is directed by the State Debt Recovery Office to execute them in a different order).(8) The Sheriff is to return a property seizure order to the State Debt Recovery Office if the order has not been executed within 12 months after it was made. The Office is to cancel an order so returned, but nothing in this subsection prevents the issue of a further order in the matter.(9) The Sheriff or other person executing a property seizure order is to cease executing the order if the order is cancelled under section 77.
73 Order to garnishee debts, wages or salary of fine defaulter
(1) The State Debt Recovery Office may make an order that all debts due and accruing to a fine defaulter from any person specified in the order are attached for the purposes of satisfying the fine payable by the fine defaulter (including an order expressed to be for the continuous attachment of the wage or salary of the fine defaulter). The order is called a garnishee order.(2) The State Debt Recovery Office may make a garnishee order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.(3) The order may be made in the absence of, and without notice to, the fine defaulter.(4) The order operates as a garnishee order made by the Local Court under Part 8 of the Civil Procedure Act 2005 and, for that purpose:(a) the State Debt Recovery Office is taken to be the judgment creditor, and(b) an instalment order under section 107 of that Act includes an order under this Act by the State Debt Recovery Office for the payment of a fine by instalments, and(c) such other modifications as are prescribed by the regulations have effect.
74 Registration of fine enforcement order as charge on land
(1) The State Debt Recovery Office may apply to the Registrar-General for registration of a fine enforcement order in relation to any land owned by the fine defaulter (including any land owned jointly with another person).(2) An application may not be made under this section unless the amount payable under the order (or the total amount payable under the orders) to which the application relates exceeds $1,000 or such other amount as is prescribed by the regulations.(3) An application under this section must define the land to which it relates.(4) The Registrar-General must, on application under this section and lodgment of a copy of the fine enforcement order, register the order in relation to the land in such manner as the Registrar-General thinks fit.(5) There is created by force of this section, on the registration of the order, a charge on the land in relation to which the order is registered to secure the payment to the State Debt Recovery Office of the amount payable under the order.(6) Such a charge ceases to have effect in relation to the land:(a) on registration of the cancellation of the charge under section 77, or(b) on the sale or other disposition of the property with the consent of the State Debt Recovery Office, or(c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,whichever first occurs.(7) Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered and, in the case of land under the provisions of the Real Property Act 1900, is subject to every prior mortgage, lease or other interest recorded in the Register kept under that Act.(8) Such a charge is not affected by any change of ownership of the land, except as provided by subsection (6).(9) If:(a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and(b) the charge is so registered,a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (6), taken to have notice of the charge.(10) If such a charge relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
75 Examination of fine defaulter
(1) The State Debt Recovery Office may issue an examination summons under this section for the purpose of enabling enforcement action to be taken under this Division.(2) An examination summons may be directed to:(a) if the fine defaulter is a natural person—the fine defaulter, or(b) if the fine defaulter is a corporation—an officer or former officer of the corporation.(3) An examination summons:(a) is to summon the person to whom it is directed to attend before the Director or other specified officer of the State Debt Recovery Office, or before a specified officer of a court, at the place specified in the summons, and(b) is to summon the person to so attend on a day and at a time specified in the summons and thereafter as required by the Director or officer to be orally examined as to the fine defaulter’s property and other means of satisfying the fine and generally as to the fine defaulter’s financial circumstances, and(c) may require the person to produce to the Director or officer, at any such examination, any document or other thing in the person’s possession or control that tends to show the fine defaulter’s true financial circumstances.(4) An examination summons is to be served personally on the person to whom it is directed.(5) A person is not bound to produce any document or other thing that is not specified or sufficiently described in the examination summons or that the person would not be bound to produce on a subpoena for production in the Supreme Court.(6) An examination summons may not be issued to a person if that person has previously attended an examination within the previous 3 months pursuant to an examination summons under this section.(7) If a person who is issued with an examination summons under this section fails to attend in accordance with the summons, the State Debt Recovery Office may issue a warrant for the apprehension of the person and for the person to be brought before the Director or other specified officer of the State Debt Recovery Office, or before a specified officer of a court, for examination in accordance with this section.(8) Any such warrant of apprehension:(a) may not be issued unless the State Debt Recovery Office is satisfied that the examination summons was duly served on the person, and(b) may not be issued until at least 14 days after the person was notified (in the manner required for the service of a fine enforcement order) that a warrant will issue if the person does not attend for examination in accordance with this section, and(c) is to be directed to the Sheriff and may be executed by the Sheriff or by the Sheriff’s officers or by any court bailiffs authorised by the Sheriff, and(d) may be executed with the assistance of any police officer.(9) If a person who is issued with an examination summons under this section:(a) fails to attend in accordance with the summons, or(b) without reasonable excuse, refuses to give evidence on oath after attending for examination, or(c) gives false information at an examination, or(d) without reasonable excuse, fails to produce any document or thing that the person is required by the summons to produce,the State Debt Recovery Office may report the matter to the Supreme Court or District Court for determination. The court may deal with the matter as if it were a contempt of that court.(10) An examination under this section may be adjourned:(a) by the State Debt Recovery Office, in the case where a person is summoned to attend before the Director or other specified officer of the State Debt Recovery Office, or(b) by a specified officer of a court, in the case where a person is summoned to attend before the specified officer,and the State Debt Recovery Office or the specified officer, respectively, must notify the person concerned of the time and place for the adjourned examination.(11) The State Debt Recovery Office may, instead of issuing an examination summons under this section, request the fine defaulter by notice to supply the relevant information for the purpose of enabling enforcement action to be taken under this Division. An examination summons may be issued if the notice is not complied with.
76 Power of entry to execute property seizure order
(1) The person executing a property seizure order may, at any reasonable time of the day or night, enter any premises for the purposes of executing the order.(2) Subsection (1) does not authorise any such person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under this section.(3) Any such person may apply to an authorised officer for the issue of a search warrant if the person believes on reasonable grounds that there may be property liable to seizure under the property seizure order in any premises.(4) An authorised officer to whom any such application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any person who is executing the property seizure order to enter the premises and seize property in the premises in accordance with that or any other property seizure order.(5) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(6) Without affecting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a police officer:(a) may accompany a person executing a search warrant, and(b) may take all reasonable steps to assist the person in the exercise of the person’s functions under this section.(7) This section does not authorise a person to seize property under any warrant of execution or order (other than a property seizure order) while the person is in premises in pursuance only of the authority conferred by this section.(8) In this section:authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not).
76A Sheriff’s additional costs of taking enforcement action under this Division
(1) The costs and expenses reasonably incurred by the Sheriff in taking enforcement action under this Division and approved by the State Debt Recovery Office are enforcement costs payable by the fine defaulter under the fine enforcement order.(2) The amount of those costs and expenses is to be determined in accordance with the scale applicable to the enforcement of judgment debts under the Civil Procedure Act 2005, but is to be reduced by any amount prescribed under section 16 (2) (c) or 44 (2) (c) as payable to the Consolidated Fund.(3) For the purposes of this section, the State Debt Recovery Office has the functions of the registrar of the relevant court with respect to the approval of those costs and expenses.(4) Enforcement costs recoverable under this section are payable to the Sheriff and not to the Consolidated Fund.(5) The power of the Local Court to review a decision of a registrar of the court in respect of any such enforcement costs applies to a decision of the State Debt Recovery Office under this section.Note. Enforcement costs payable under a fine enforcement order form part of the fine—see section 57 (4).
77 Cancellation of property seizure, garnishee order or charge on land
(1) A property seizure order, garnishee order or charge on land under this Division is cancelled on the service of a community service order on the fine defaulter under Division 5 for the enforcement of the fine concerned.(2) A property seizure order, garnishee order or charge on land under this Division is cancelled on the payment of the fine concerned.Note. The writing off of the fine or the remission of the fine also operates as payment for the purpose of cancelling enforcement action—see sections 101 and 123.(3) The State Debt Recovery Office may cancel a property seizure order, garnishee order or charge on land at any time for any good reason.(4) The cancellation of a charge on land does not take effect until the Registrar-General registers the cancellation of the charge.
Division 5 Community service orders
Enforcement action may be taken against a fine defaulter under this Division if:(a) the fine defaulter has not paid the fine as required by the notice of the fine enforcement order served on the fine defaulter, and(b) enforcement action under Division 4 has not been or is unlikely to be successful in satisfying the fine.
79 Making of community service order against fine defaulter
(1) The State Debt Recovery Office may make a community service order requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid.(2) The State Debt Recovery Office may make the order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.(3) The State Debt Recovery Office is not to make an order if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work.(4) The order may be made in the absence of, and without notice to, the fine defaulter.(5) The order may be made before the execution of a warrant under Division 4 and in anticipation that enforcement action may not be successful under that Division in satisfying the fine. The order is not to be served if that enforcement action is successful.(6) Subject to this Division:(a) Divisions 1 and 4 of Part 7 (other than sections 92 and 93) of the Crimes (Sentencing Procedure) Act 1999, and(b) Part 5 of the Crimes (Administration of Sentences) Act 1999 and any regulations made for the purposes of that Part,apply to a community service order under this section in the same way as they apply to a community service order under section 8 of the Crimes (Sentencing Procedure) Act 1999.(7) In the application of the provisions referred to in subsection (6) to a community service order under this section, a reference in those provisions to a court is taken to be a reference to the State Debt Recovery Office.(8) A community service order is to be in the approved form.
80 Service and notice of order
(1) As soon as practicable after making a community service order under this Division, the State Debt Recovery Office must cause a copy of the order and written notice of the order to be served on the fine defaulter.(2) The notice must be in the approved form and must include the following information:(a) the place at which, or person to whom, the fine defaulter must present himself or herself, in person, for the purpose of enabling the administration of the order to be commenced,(b) the period within which the fine defaulter must present himself or herself.(3) Three copies of the notice must be served on the fine defaulter.(4) The fine defaulter must sign 3 copies of the notice in the presence of the person by whom it was served. Of the copies:(a) one is to be kept by the fine defaulter, and(b) one is to be served by the person who served the notice on the fine defaulter on the Commissioner of Corrective Services or the Director-General of the Department of Juvenile Justice, whichever is appropriate, and is to be kept by the Commissioner or Director-General, as appropriate, and(c) one is to be served by that person on, and kept by, the State Debt Recovery Office.(5) A community service order is not invalidated by a failure to comply with this section or section 80A.
80A Provisions relating to service of orders and notice
(1) The community service order and notice may be served on the fine defaulter only in accordance with the directions of the State Debt Recovery Office.(2) The order and 3 copies of the notice are to be served personally on the fine defaulter by the Sheriff or the Sheriff’s officers or by a court bailiff authorised by the Sheriff.(3) The person who serves a community service order under this Division is required to explain the order to the fine defaulter on whom it is served.(4) The explanation is to be given in a language likely to be understood by the fine defaulter and is to include information as to the following matters:(a) the requirements to be complied with by the fine defaulter under the order,(b) the consequences that may follow if the fine defaulter fails to comply with those requirements,(c) the fact that the order may be satisfied by payment of such part of the fine as has not been satisfied by the performance of community service work under the order.
81 Number of hours of community service work
(1) The number of hours of community service work, specified in a community service order made under this Division, to be served by the fine defaulter is to be calculated at the rate of 1 hour for each $15 of the amount of the fine that remains unpaid.(2) The number of hours specified in any one order must not exceed 300 hours (in the case of an adult) or 100 hours (in the case of a child). The fine defaulter may be subject to more than one order under this Division at any one time.(3) The number of hours specified in any one order is additional to any number of hours of community service work required to be performed by any other order under this Division or otherwise than under this Division. Accordingly, the total number of hours that a person may be required to perform at any one time under another Act does not apply to any hours required to be worked by an order under this Division.(3A) In the case of a person who is a child at the time a community service order is made under this Division, community service work may be performed concurrently for the purposes of that order and for the purposes of any other community service order made under this Division or otherwise than under this Division.(4) The regulations may increase the amount of $15 mentioned in this section and section 83. If the regulations do so, the reference to the amount of $15 in those sections is to be construed as a reference to that increased amount.(5) In this section:adult means a person who is of or above the age of 18 years.
child means a person who is under the age of 18 years.
82 Satisfaction of orders by payment
If a fine defaulter who is subject to a community service order under this Division duly pays the fine (or the unsatisfied balance of the fine having regard to the number of hours of community service work already performed) the order is taken to be satisfied.Note. The writing off of the fine or the remission of the fine also operates as payment for the purpose of cancelling enforcement action—see sections 101 and 123. The amount of the fine includes enforcement costs—see section 57 (4).
83 Satisfaction of fine by community service
(1) When a fine defaulter who is subject to a community service order under this Division duly complies with the order, the fine concerned is taken to be satisfied.(2) When a fine defaulter who is subject to a community service order under this Division duly serves part of the number of hours of community service work to be served under the order, the fine concerned is taken to be satisfied by the amount calculated at the rate of $15 for each hour of community service work actually served.
84 Suspension of orders during imprisonment or detention
(1) If a fine defaulter who is subject to a community service order under this Division is imprisoned while the order is in force, the order is suspended during that period of imprisonment. The period that the order is to be in force is extended, and not reduced, by the period that the order is suspended.(2) A fine defaulter is imprisoned for the purposes of this section if the fine defaulter is:(a) in a correctional centre on remand or pursuant to a sentence of imprisonment, or(b) in a detention centre (within the meaning of the Children (Detention Centres) Act 1987) on remand or pursuant to a detention order,but not if the fine defaulter is serving a sentence of periodic detention.
85 Provisions relating to orders
(1) An appeal does not lie in respect of the making of a community service order under this Division or the failure to make such an order.(2), (3) (Repealed)Note. Provisions of the Children (Community Service Orders) Act 1987 apply to the order if the fine defaulter is a person to whom that Act applies. In any other case, provisions of Part 5 of the Crimes (Administration of Sentences) Act 1999 apply to the order.
86 Revocation of community service order
(1) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied that the fine defaulter who is subject to the order has failed, without reasonable excuse, to comply with the order or the requirements imposed with respect to the order by or under the Crimes (Administration of Sentences) Act 1999 or the Children (Community Service Orders) Act 1987 as the case requires.(2) The State Debt Recovery Office is not to revoke an order under subsection (1) unless the relevant assigned officer (within the meaning of that Act) has reported the breach to the Office. The Office may decide not to revoke an order following the report of a breach of the order to the Office.(3) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied, following a report by the assigned officer, that the fine defaulter is not capable of performing work under the order or is otherwise not suitable to be engaged in such work.(4) The State Debt Recovery Office may, when revoking an order, also revoke other community service orders that have been made against the fine defaulter.(5) Notice of the revocation is to be served on the fine defaulter. The notice may be served in the same way as notice of a fine enforcement order may be served.(6) The fine defaulter may, within the time specified in the notice, apply in writing to the State Debt Recovery Office for a review of the revocation. The Office may, if satisfied that the order was not breached or that the breach should be excused, reverse its decision to revoke the community service order.(7) The revocation of a community service order does not take effect:(a) until the expiry of the period during which an application for review of the revocation may be made, or(b) if an application for review is duly made—unless and until the application is refused.(8) The revocation of an order (or the review of any such revocation) may be made or held in the absence of, and without notice to, the fine defaulter.(9) A decision of the State Debt Recovery Office under this section is (subject to this section) final and is not subject to appeal.
87 Imprisonment following breach of community service order
(1) After a community service order is revoked under section 86 (1), the State Debt Recovery Office may by warrant commit the fine defaulter to a correctional centre to be kept there according to the terms of the warrant for the period of imprisonment calculated in accordance with this Division, unless the fine defaulter sooner pays the relevant outstanding fine.(2) A single warrant may commit the fine defaulter for 2 or more periods of imprisonment if 2 or more community service orders made against the fine defaulter have been revoked.(2A) A warrant:(a) must be in the approved form, and(b) is sufficient authority for any police officer to convey the fine defaulter to the correctional centre identified in the warrant, and(c) is sufficient authority for the governor of the correctional centre to keep the fine defaulter in his or her custody for the period of imprisonment calculated in accordance with this Division.(3) This section is subject to the other provisions of this Division.
88 The “relevant outstanding fine”
(1) For the purposes of this Division, the relevant outstanding fine at any time is the amount of the fine under the relevant fine enforcement order that remains unpaid at that time.Note. The amount of the fine includes enforcement costs—see section 57 (4).(2) In calculating the amount remaining unpaid, account is to be taken of any satisfaction of the fine by service under a community service order under Division 5 or by service of any part of the period of imprisonment under this Division.Note. The writing off of the fine or the remission of the fine also operates as payment for the purpose of cancelling enforcement action—see sections 101 and 123.
(1) A fine defaulter who is committed to a correctional centre by warrant under this Division may apply to the Commissioner of Corrective Services for an order that the fine defaulter’s period of imprisonment be served by way of periodic detention. An application may be made in anticipation of the issue of a warrant.(2) The Commissioner of Corrective Services may, on an application under this section, order that the fine defaulter serve the period of imprisonment under a warrant under this Division by way of periodic detention.(3) A fine defaulter is not eligible to serve a period of imprisonment by way of periodic detention:(a) if the period of imprisonment is less than the minimum period determined in the guidelines under section 120 as appropriate to be served by way of periodic detention, or(b) (Repealed)(c) if the fine defaulter is remanded to or imprisoned in a correctional centre (except as a periodic detainee), or(d) if the fine payable by the fine defaulter is for an offence committed while serving a period of imprisonment by way of periodic detention, or(e) if an earlier order for periodic detention (whether under this Act or the Crimes (Sentencing Procedure) Act 1999) has been revoked because the fine defaulter has failed to serve a sentence of imprisonment in accordance with the requirements of the order, or(f) in any other circumstances prescribed by the regulations.(4) On making an order under this section, the warrant committing the fine defaulter to a correctional centre is subject to the terms of the order.(5) The decision whether or not to grant an application under this section is at the discretion of the Commissioner of Corrective Services, and no appeal lies against a decision not to grant an application in a particular case.(6) The Commissioner of Corrective Services is to serve notice on the State Debt Recovery Office of the making or revocation of an order under this section.(7) The State Debt Recovery Office may replace the original warrant in respect of which the order was made with a fresh warrant in connection with the outstanding fine at the time.(8) Subject to this section:(a) Division 1 of Part 5, section 66 and Divisions 3 and 4 (other than sections 71 and 72) of Part 5 of the Crimes (Sentencing Procedure) Act 1999, and(b) Parts 3 and 7 of the Crimes (Administration of Sentences) Act 1999, and regulations made under those Parts,apply to a periodic detention order under this section in the same way as they apply to a periodic detention order under section 6 of the Crimes (Sentencing Procedure) Act 1999.(9) In the application of those provisions to a periodic detention order under this section, a reference in those provisions to a court is taken to be a reference to the Commissioner of Corrective Services.(10) The functions of the State Parole Authority under Part 7 of the Crimes (Administration of Sentences) Act 1999 with respect to the revocation of periodic detention orders are, in relation to a periodic detention order under this Division, to be exercised by the Commissioner of Corrective Services.(11) A periodic detention order under this section must be in the approved form.
89A Service and notice of order for periodic detention
(1) As soon as practicable after making an order under this Division (a periodic detention order), the Commissioner of Corrective Services must cause a copy of the order and written notice of the order to be served on the fine defaulter, the State Debt Recovery Office and the governor of the periodic detention centre to which the fine defaulter is committed to serve the sentence.(2) The notice must be in the approved form and must include the following information:(a) the periodic detention centre to which the fine defaulter must report,(b) the date on which, and the time at which, the fine defaulter is first to report to the periodic detention centre, and(c) the day of the week on which, and the time at which, the fine defaulter is subsequently to report to the periodic detention centre during the term of the fine defaulter’s sentence of imprisonment.(3) Three copies of the notice must be served on the fine defaulter.(4) The fine defaulter must sign 3 copies of the notice in the presence of the person by whom it was served. Of the copies:(a) one is to be kept by the fine defaulter, and(b) one is to be served by the person who served the notice on the fine defaulter on the governor of the periodic detention centre to which the fine defaulter is committed and is to be kept by that governor, and(c) one is to be served by that person on, and kept by, the Commissioner of Corrective Services.(5) An order under section 89 is not invalidated by a failure to comply with this section or section 89B.
89B Provisions relating to service
(1) The periodic detention order and notice may be served on the fine defaulter only in accordance with the directions of the Commissioner of Corrective Services.(2) The order and 3 copies of the notice are to be served personally on the fine defaulter by the Sheriff or the Sheriff’s officers or by a court bailiff authorised by the Sheriff.(3) The person who serves a periodic detention order under this Division is required to explain the order to the fine defaulter on whom it is served.(4) The explanation is to be given in a language likely to be understood by the fine defaulter and is to include information as to the following matters:(a) the requirements to be complied with by the fine defaulter under the order,(b) the consequences that may follow if the fine defaulter fails to comply with those requirements,(c) the fact that the order may be satisfied by payment of such part of the fine as has not been satisfied by the period of imprisonment served under the order.
90 Calculation of period of imprisonment under warrant
(1) The period of imprisonment for the purposes of a warrant under this Division is to be calculated on the basis of the amount of the relevant outstanding fine, as follows:(a) the period is to be 1 day for each $120 (or part of $120) of the relevant outstanding fine,(b) the period is not to be less than 1 day,(c) the period is not to exceed 3 months.(2) The period of imprisonment for the purposes of a warrant under this Division that is to be served by way of periodic detention is to contain detention periods (within the meaning of the Crimes (Administration of Sentences) Act 1999), as follows:(a) the period is to contain the number of detention periods calculated at the rate of 1 detention period for each 2 days of imprisonment calculated under subsection (1),(b) the period is not to contain less than 1 detention period,(c) the period is not to contain more than 45 detention periods,(d) if orders are made at the same time for the periods of imprisonment under 2 or more warrants under this Division to be served by way of periodic detention—the total number of detention periods under those orders is to be calculated at the rate of 1 detention period for each 2 days of the total periods of imprisonment under those warrants.(3) The regulations may increase the amount of $120 mentioned in this section and section 91. If the regulations do so, the references to the amount of $120 in this section and section 91 are to be construed as references to that increased amount.
91 Satisfaction of fine by imprisonment
(1) When a fine defaulter duly serves the total period of imprisonment under a warrant under this Division, the fine concerned is taken to be satisfied.(2) When a fine defaulter duly serves part of the period of imprisonment under a warrant under this Division, the fine concerned is then taken to be satisfied by the amount calculated at the rate of $120 for each day actually served or twice that amount for each detention period served by way of periodic detention, as the case requires.
92 Special provision relating to children
(1) A fine defaulter cannot be committed to a correctional centre or a detention centre by a warrant under this Division if the person:(a) was under 18 years of age when the offence concerned was committed, and(b) was under 21 years of age at the time the person was charged with the offence or issued with a penalty notice (as the case requires).(2) If a further fine enforcement order is made against the fine defaulter and the person was 18 years of age or older at the time the offence concerned was committed, the fine defaulter may be committed to a correctional centre in respect of the earlier fine enforcement order despite subsection (1) if the fine defaulter is committed to a correctional centre in respect of that further fine enforcement order.
93 Terms under warrants to be served consecutively
(1) If a fine defaulter is committed to 2 or more terms of imprisonment by one or more warrants of commitment under this Division, the terms are to be served consecutively, not concurrently.(2) This section extends to imprisonment served by way of periodic detention.
94 Terms under warrants to be served concurrently with other non-fine default imprisonment
(1) A term of imprisonment (or consecutive terms) for which a fine defaulter has been committed by a warrant under this Division may be served concurrently with any imprisonment of the fine defaulter arising otherwise than by any such warrant.(2) This section extends to imprisonment served by way of periodic detention.
(1) If the fine defaulter who is committed to a correctional centre by a warrant under this Division is already in a correctional centre, the warrant may be executed by the officer in charge of the correctional centre or a person authorised by that officer. The warrant is executed by serving a copy of the warrant on the fine defaulter.(2) Notice is not required to be given to a fine defaulter of the proposed execution of a warrant under this Division.(3) However, a police officer executing a warrant under this Division may, in accordance with guidelines issued under section 120 or (subject to any such guidelines) issued by the Commissioner of Police, delay the execution of the warrant to enable the fine defaulter to pay the relevant outstanding fine or seek the cancellation of the warrant.(4) A police officer is to cease executing a warrant under this Division if the fine defaulter pays the relevant outstanding fine (whether to the police officer or in any other manner authorised by this Act).(5) The State Debt Recovery Office may cancel a warrant issued under this Division if it considers that it is appropriate to do so.
A fine defaulter is to be discharged from the correctional centre to which the fine defaulter has been committed by a warrant under this Division if the fine defaulter duly pays the relevant outstanding fine, unless in the correctional centre in respect of another matter.Note. The relevant outstanding fine is progressively reduced by service of part of the period of imprisonment—see section 88.
The regulations may make provision for or with respect to warrants under this Division, including:(a) the form of any such warrants, or(b) the execution of any such warrants.
98 Application of civil and other enforcement procedures
Enforcement action under this Part extends to a fine enforcement order in respect of a fine defaulter that is a body corporate, other than enforcement action under Division 5 (Community service orders) and Division 6 (Imprisonment).
99 Modification of enforcement procedures
If the fine defaulter is a body corporate, enforcement action may be taken under Division 4 (Civil enforcement) before or without taking enforcement action under Division 3 (Driver licence or vehicle registration suspension or cancellation).
Subdivision 1 Work and development orders
In this Subdivision:approved organisation means a person or body approved by the Director-General of the Attorney General’s Department.
approved person, in relation to a work and development order, means:
(a) an approved organisation, or(b) if the work and development order involves medical or mental health treatment, a health practitioner qualified to provide that treatment.health practitioner means:
(a) a registered medical practitioner, or(b) a registered psychologist, or(c) a nurse.work and development order means an order made under this Subdivision requiring a person to do any one or more of the following in order to satisfy all or part of a fine:
(a) undertake unpaid work for, or on behalf of, an approved organisation (but only with the agreement of that organisation),(b) undergo medical or mental health treatment in accordance with a health practitioner’s treatment plan,(c) undertake an educational, vocational or life skills course,(d) undergo financial or other counselling,(e) undergo drug or alcohol treatment,(f) if the person is under 25 years of age, undertake a mentoring program.
(1) A work and development order may be made by the State Debt Recovery Office with respect to a person in relation to all or part of an unpaid fine if:(a) a fine enforcement order has been made with respect to the person in relation to the fine, and(b) the person has an intellectual disability, a mental illness or a cognitive impairment, is homeless or is experiencing acute economic hardship, and(c) a community service order is not in force against the fine defaulter in respect of the fine, and(d) an application is made in accordance with this Subdivision.(2) An application for an order is to:(a) be made to the State Debt Recovery Office by or on behalf of the person, and(b) be supported by each approved person who is to supervise the person in complying with the order, and(c) set out the grounds for making the order (including supporting evidence), the activities that are proposed to be carried out under the order and a proposed time for the completion of those activities.(3) An application may be made in anticipation of a fine enforcement order being made with respect to the person in relation to the fine.(4) If the regulations prescribe a maximum number of work and development orders that may be made in any particular period, the State Debt Recovery Office is not to make an order during that period if satisfied that the number of such orders will exceed the number prescribed (even if directed to do so by the Hardship Review Board under section 101B (6)).(5) If the State Debt Recovery Office determines to make an order, it is to make it in such terms as are agreed between it, the applicant and each approved person.(6) An order is to specify:(a) the value of the activities that are to be undertaken under the order for the purposes of satisfying the fine to which the order relates, and(b) the nature of any unpaid work that may be required under the order.(7) No enforcement action is to be taken against a person under this Part in respect of a fine to which a work and development order relates while the order is in force.
99C Variation or revocation of order
(1) The State Debt Recovery Office may vary or revoke a work and development order:(a) if requested to do so by or on behalf of the person subject to the order, or(b) if it is satisfied that the person subject to the order has failed, without reasonable excuse, to comply with the order.(2) The State Debt Recovery Office is not to take action under subsection (1) (b) unless it has taken reasonable steps to consult with the person subject to the order and each approved person in relation to the order.(3) An order ceases to be in force when it is revoked.
99D No appeal except to Hardship Review Board
Except as provided by section 101B, an appeal does not lie in respect of the making of, the failure to make or the varying or revocation of, a work and development order.
(1) If a person subject to a work and development order:(a) complies with the order, the fine, or the part of the fine, to which the order relates is taken to be satisfied, or(b) pays the fine (or the unsatisfied balance of the fine having regard to the activities already undertaken under the order), the order is taken to be satisfied.(2) If a person subject to a work and development order complies with some but not all of the activities required by the order, the fine, or the part of the fine, to which the order relates is taken to be satisfied by the value of the activities that have been undertaken at the rate or rates set out in the order.
(1) In this section:person involved, in relation to unpaid work under a work and development order, includes any person (including a corporation):
(a) for whose benefit that work is performed, or(b) who directs or supervises that work, specifies its terms or conditions or controls it, or(c) who owns or occupies the premises or land on which that work is performed,but does not include the person by whom the work is performed.(2) No act or omission of a person by whom unpaid work under a work and development order is performed gives rise to civil liability on the part of any person involved in that work if the act or omission occurs in the course of that work.(3) No act or omission of a person involved in unpaid work under a work and development order gives rise to civil liability to the person by whom the work is performed on the part of the person so involved if the act or omission occurs in the course of that work.(4) A civil action that would, but for subsection (2) or (3), lie against a person involved in unpaid work lies instead against the Crown.(5) Subsections (2) and (4) do not apply to an act or omission if it was, or was a necessary part of, an act or omission that was expressly required by the person involved in that work but was not necessary to carry out the work specified in the work and development order.(6) Subsections (3) and (4) do not apply to an act or omission if:(a) the work concerned was not work specified in the work and development order, or(b) the act or omission concerned was, or was a necessary part of, an act or omission intended to cause injury, loss or damage.(7) It is a term of a work and development order that the person subject to the order must disclose as soon as possible to the State Debt Recovery Office and to each approved person:(a) any medical, physical or mental condition of which the person is aware (being a condition of a kind that the person is aware substantially increases the risk to the person of injury in performing work of any kind), and(b) any substantial change in that condition.(8) The State Debt Recovery Office may, on behalf of the Crown, settle any action that lies against the Crown because of this section, and may do so on such terms as it thinks fit.
99G Persons performing work under orders not workers
A person who undertakes unpaid work under a work and development order is not to be taken to be employed by, or in a contract of services with, the Crown or any other person and is not:(a) a worker for the purposes of the Workers Compensation Act 1987, the Workplace Injury Management and Workers Compensation Act 1998, the Annual Holidays Act 1944 or the Long Service Leave Act 1955, or(b) an employee (however described) for the purposes of the Industrial Relations Act 1996 or any other Act or law.
99H Delegation by approved persons
An approved person (other than an individual) may delegate any of the approved person’s functions under this Subdivision with respect to a work and development order to an officer or employee, other than this power of delegation.
The Attorney General, in consultation with the Treasurer, is to issue guidelines with respect to work and development orders and the State Debt Recovery Office is to have regard to those guidelines in the exercise of any of its functions under this Subdivision.
(1) The regulations may make provision for or with respect to work and development orders.(2) Without limiting subsection (1), the regulations may prescribe a date after which applications for work and development orders can no longer be made.
Subdivision 2 Time to pay and writing off fines
(1) After a fine enforcement order is made and before a community service order is issued in the matter, an application for time to pay the fine may be made to the State Debt Recovery Office by the fine defaulter.(1A) Despite subsection (1), an application for time to pay a fine may be made by a person in receipt of a Government benefit in respect of a fine before a fine enforcement order is made in the matter.(2) The State Debt Recovery Office may, by order, allow further time to pay the fine if satisfied the application is genuine and it appears expedient to do so.(3) The State Debt Recovery Office may:(a) extend the time for payment of the whole fine, or(b) allow the fine to be paid by instalments of such amounts, and at such times, as the Office specifies.(3A) In particular, the State Debt Recovery Office may allow a person in receipt of a Government benefit to pay the fine in instalments, as a regular direct debit from that benefit, if:(a) it is satisfied that adequate arrangements are in place for such a regular payment to be made, and(b) it agrees to the fine being paid in this manner.(4) If an instalment of a fine is not paid by the due date, the remaining instalments then become due and payable unless the State Debt Recovery Office otherwise orders.(4A) An order allowing further time to pay a fine may be amended or revoked by a further order made on the application of the person liable to pay the fine or on the State Debt Recovery Office’s own initiative.(5) Further enforcement action under this Part is suspended if an application for time to pay is granted and payment of the fine is made in accordance with the order of the State Debt Recovery Office.(6) However, the Sheriff is not required to return any property seized under a property seizure order under Division 4, and a charge on land created under that Division need not be cancelled, until the fine is paid.
101 Unpaid fines may be written off
(1) After a fine enforcement order is made and before a community service order is issued in the matter, an application to have the fine written off may be made to the State Debt Recovery Office by the fine defaulter.(1A) The State Debt Recovery Office may, on the application of a fine defaulter or at its own discretion, write off, in whole or in part, an unpaid fine:(a) if it is satisfied that, due to any or all of the financial, medical or personal circumstances of the fine defaulter:(i) the fine defaulter does not have sufficient means to pay the fine and is not likely to have sufficient means to pay the fine, and(ii) enforcement action under Division 4 has not been or is unlikely to be successful in satisfying the fine, and(iii) the fine defaulter is not suitable to be subject to a community service order under Division 5, or(b) in accordance with guidelines issued under section 120.(1B) The State Debt Recovery Office must write off, in whole or in part, an unpaid fine if it is directed to do so by the Hardship Review Board.(2) Guidelines issued under section 120 are to extend to fine defaulters who do not have the means to pay the fine or sufficient property for civil enforcement and who are not suitable to undertake work under a community service order.(3) Any part of an unpaid fine that is written off is taken to have been paid for the purpose of cancelling enforcement action under this Act.(4) Despite subsection (3), any part of an unpaid fine that is written off under this section may be reinstated and enforcement action may be recommenced by the State Debt Recovery Office in respect of the fine defaulter at any time within 5 years after it is written off if:(a) a further fine enforcement order is made against the fine defaulter, or(b) the State Debt Recovery Office is satisfied that the fine defaulter has sufficient means to pay the fine, that enforcement action is likely to be successful in satisfying the fine or that the fine defaulter is suitable to be subject to a community service order.
Subdivision 3 Hardship Review Board
(1) There is to be a Hardship Review Board consisting of:(a) the Chief Commissioner of State Revenue, and(b) the Secretary of the Treasury, and(c) the Director-General of the Attorney General’s Department.(2) A member of the Hardship Review Board may appoint a person to act in the place of the member at meetings of the Board.(3) An acting member, while so acting, has the functions of, and is taken to be, a member of the Hardship Review Board.
101B Reviews by Hardship Review Board
(1) The Hardship Review Board may, on an application by or on behalf of a fine defaulter, review a decision by the State Debt Recovery Office with respect to the following:(a) the making of, the failure to make or the varying or revocation of, a work and development order,(b) the making of, or the failure to make, an order under section 100,(c) the writing off or the failure to write off, the whole or part of, an unpaid fine.(2) A fine defaulter may not make more than one application under this section in relation to the same fine.(3) The Hardship Review Board may determine the procedure for a review and may conduct a review in the absence of the parties.(4) The State Debt Recovery Office may suspend enforcement action against a fine defaulter who makes an application under this section but is not required to do so unless given a direction under this section.(5) The Hardship Review Board may direct that enforcement action under this Part against a fine defaulter be suspended pending its review, if it thinks it appropriate in the circumstances.(6) On a review, the Hardship Review Board may direct the State Debt Recovery Office to do any one or more of the following in respect of the fine defaulter on such terms as the Board may direct:(a) make, revoke or vary a work and development order,(b) make, revoke or vary an order under section 100,(c) write off, in whole or in part, an unpaid fine.(7) The Hardship Review Board may give a direction under this section if it thinks it is appropriate to do so having regard to the circumstances of the fine defaulter and the matters set out in section 99B, 100 or 101 (1A) (a) and the guidelines issued under section 120, as the case requires.
101C Disclosure of information by Hardship Review Board
The Hardship Review Board, a member of the Board, or a person otherwise engaged in the administration of this section or section 101A or 101B, may disclose to the Director or a member of staff of the State Debt Recovery Office information obtained in the administration of this section or section 101A or 101B.
102 Disposition of money paid by or recovered from fine defaulters
(1) Any fine paid by a fine defaulter after the making of a fine enforcement order is payable to the State Debt Recovery Office.(2) However, with the approval of that Office, any fine paid to another person or body may be directly credited to the Consolidated Fund or other account, or retained, in accordance with this or any other Act or law.Note. Fines include enforcement costs—see section 57 (4).
102A Liability of minors for enforcement costs
(1) The State Debt Recovery Office must waive the payment by a fine defaulter of any enforcement costs in respect of a fine enforcement order, other than the fee for the issue of a fine enforcement order, if the offence:(a) in respect of which the fine concerned was imposed on the fine defaulter by a court, or(b) in respect of which the penalty notice from which the fine concerned arises was served on the defendant,occurred while the fine defaulter was under the age of 18 years.(2) Subsection (1) does not apply in respect of a fine enforcement order if one or more subsequent fine enforcement orders are made against the fine defaulter in respect of an offence that occurred when the fine defaulter was of or above the age of 18 years.
103 Electronic transmission of documents
(1) The following directions, orders and warrants under this Part may be transmitted electronically to the persons to whom they are given or directed:(a) a direction of the State Debt Recovery Office to the Roads and Traffic Authority under Division 3,(b) a property seizure order or warrant of apprehension directed to the Sheriff under Division 4,(b1) a garnishee order or examination summons under Division 4, or a summons requiring a garnishee under such a garnishee order to show cause, given to the Sheriff for service,(c) a community service order given to the Sheriff for service under Division 5,(d) a warrant of commitment to a correctional centre directed to a police officer or other officer under Division 6.(2) For the purpose of executing any such order or warrant, the Sheriff or other officer to whom the order or warrant is so transmitted is to cause a copy of the order or warrant to be converted into written form and to be endorsed with the following words:This document has been transmitted electronically by the State Debt Recovery Office in accordance with section 103 of the Fines Act 1996.
104 Power of person executing order or warrant to demand name and address
(1) The Sheriff or other person executing an order or warrant under this Part may require a person whom the Sheriff or other person suspects on reasonable grounds to be the fine defaulter to state his or her full name and residential address and to produce evidence of his or her identity.(2) A person is not required to comply with such a requirement unless the person was warned on that occasion that a failure to comply is an offence.(3) A person who, without reasonable excuse, fails to comply with such a requirement is guilty of an offence.Maximum penalty: 10 penalty units.