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.

60   What notice must say

(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.

61   Service of 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 Roads and Maritime Services 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, 117AA or 117AB, 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.