Extension of amendments to existing orders
24 Extension of amendments to existing orders
The Commissioner may refer an existing order to the Commissioner of Fines Administration for the making of a court fine enforcement order under the Fines Act 1996 if—
the Commissioner serves a debt notice on the person against whom the order was made in accordance with section 70B, and
that amount is not paid by the due date.
If an amount is referred as provided for by this clause, Part 7A of the Fines Act 1996 extends to the amount payable under the existing order.
For that purpose, a reference in the Fines Act 1996 to an order for restitution under this Act is taken to include a reference to an existing order.
The following provisions have effect if an amount payable by a person under an existing order is referred to the Commissioner of Fines Administration for the making of a court fine enforcement order against the person—
the Commissioner cannot commence or maintain any proceedings under section 72 (as in force before its substitution by the amending Act) for the payment of the amount by the person,
any charge registered on land owned by the defendant under section 76 (as in force before its repeal by the amending Act) to secure payment of the amount is taken to be a charge duly registered under section 74 of the Fines Act 1996 as if the order for restitution were a court fine enforcement order,
any deductions being made under section 73 (as in force before its substitution by the amending Act) can continue to be made as if an attachment order had duly been made against the person under Part 7A of the Fines Act 1996.
This clause applies to an existing order only if, immediately before the order is referred to the Commissioner of Fines Administration, the order is enforceable under section 72 (as in force before its substitution by the amending Act).
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