100   Time to pay

(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.