State Penalties Enforcement Act 1999

If the registrar issues an enforcement warrant to seize and sell real and personal property, the registrar may also instruct any or all enforcement officers not to enforce the warrant until the steps in this section are followed.

The enforcement officer must first attempt to recover the amount owing in full.

If the enforcement debtor can not pay the amount owing in full, the enforcement officer must attempt to interview the enforcement debtor.

If the enforcement officer reasonably believes the enforcement debtor will not, or is unwilling to, take part in the interview, the enforcement officer may enforce the warrant.

If, after interviewing the enforcement debtor, the enforcement officer is satisfied the enforcement debtor is unable to pay the amount owing in full, but can pay the amount in a way mentioned in subsection (6) or (7), and the enforcement debtor agrees, the enforcement officer—

must not enforce the warrant; and

must ensure the enforcement debtor takes all action necessary for the amount to be satisfied in the agreed way, including, for example, by giving the enforcement officer necessary information or completing necessary documents.

If the enforcement officer is satisfied the enforcement debtor can pay the amount owing by instalments at the full instalment rate, the ways the amount may be paid are as follows—

by regular redirection from a financial institution account at the full instalment rate;

by regular redirection from earnings.

If the enforcement officer is satisfied the enforcement debtor can not pay the amount owing by instalments at the full instalment rate, the ways the amount may be paid are as follows—

by paying the amount by regular redirection from a financial institution account at a rate less than the full instalment rate;

by satisfying the amount by undertaking activities under a work and development order.