Fines Enforcement and Debt Recovery Act 2017

Subject to this section, an alleged offender who has been given an expiation notice and who pays to the Chief Recovery Officer the prescribed fee—

may, at any time during the expiation period, enter into an arrangement with the Chief Recovery Officer for payment of the amount due under the notice by direct debit instalments in accordance with subsection (5);

if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to the amount due under the notice in accordance with subsection (6).

Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the alleged offender before the alleged offender enters into the arrangement, the fee is to be added to, and forms

The

The

An arrangement for payment by instalments referred to in subsection (1)(a)—

may not be entered into after an enforcement determination has been made under section 22 in respect of the expiation notice; and

must provide for instalments to be paid to the Chief Recovery Officer by direct debits by or through some other person or agency (eg deductions from an ADI account or wages); and

must require payment in full within a period determined by the Chief

Other kinds of arrangements referred to in subsection (1)(b) may consist of or include—

payment by instalments (including instalments paid over a period exceeding

an extension of time to pay; and

the taking of a charge over land; and

the surrender of property to the Chief Recovery Officer; and

payment of any amount, including by direct credit, by or through some other person or agency (eg deductions from an ADI account or wages); and

subject to subsection (7)—requirements for the performance of community service by the alleged offender (in accordance with a scheme prescribed by the regulations); and

subject to subsection (8)—an arrangement for the alleged offender to complete an approved treatment program (in accordance with a scheme prescribed by the regulations); and

any other form of arrangement agreed by the Chief Recovery Officer and the alleged offender.

The

the

an enforcement determination has been made by the Chief Recovery

The

If—

an alleged offender has previously been subject to enforcement action under—

this

Part 3;

Part 8;

the

Part 9

an alleged offender is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or

an alleged offender is of a class prescribed by the regulations, the

refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the alleged offender;

require the alleged offender to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the alleged offender from any

require the alleged offender to provide security or obtain guarantees (as the Chief Recovery Officer thinks fit).

An arrangement under this section may be varied—

by agreement between the alleged offender and the Chief Recovery

by the Chief Recovery Officer in accordance with subsection (10b).

For the purposes of entering into, or varying, an arrangement, any number of amounts due under expiation notices given to the alleged offender may be aggregated.

The

For the avoidance of doubt, the prescribed fee under subsection (1) will not be payable by the alleged offender in respect of the extension of an arrangement to amounts payable under another expiation notice in accordance with subsection (10b).

If an arrangement is entered into or varied under this section, the

If an arrangement is varied under subsection (10b)—

the alleged offender may, within the period of 14 days after the day on which the alleged offender was given notice of the variation under subsection (11), apply (in a manner specified in the notice) for rescission of the variation; and

on receipt of such an application, the Chief Recovery Officer must rescind the variation (and the arrangement will apply to the alleged offender as if the variation had never been made).

If an alleged offender complies with an arrangement under this section requiring the performance of community service, the amount outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection.

If the Chief Recovery Officer is satisfied that an alleged offender has completed, or substantially completed, an approved treatment program pursuant to an arrangement under this section, the Officer must waive payment of the whole or part of the amount outstanding in accordance with the arrangement.

If an alleged offender fails to comply with an arrangement under this section and the failure has endured for 28 days, the arrangement terminates.

However, an arrangement that has terminated under subsection (15) may, not more than 14 days after the day on which it terminated, be reinstated by the Chief Recovery Officer.

If the Chief Recovery Officer is satisfied that an alleged offender who has entered into an arrangement under this section has the means to satisfy any outstanding amount due under an expiation notice without the alleged offender or the alleged offender's dependants suffering hardship, the Officer may, by notice in writing given to the alleged offender, terminate the arrangement.

If an arrangement terminates under subsection (15) or (17) and an enforcement determination has not been made under section 22 in respect of the expiation notice, the Chief Recovery Officer must give the issuing authority notice (in a manner agreed between the

If an arrangement is reinstated by the Chief Recovery Officer—

the arrangement as reinstated commences on a day specified by the

the provisions of this section apply to the reinstated arrangement as if it had not terminated; and

notice of the reinstated arrangement must be given by the Officer to the issuing authority.

If an arrangement is terminated under subsection (15) and is not reinstated, on the expiration of the 14 day period referred to in subsection (16) any amounts that would, but for the existence of the arrangement, have been added to the amount due under the notice under section 26(1)(b) will be added to, and form part of, the amount due under the notice.

If an alleged offender complies with an arrangement under this section or pays to the Chief Recovery Officer, at any time, the amount then outstanding, the arrangement is discharged.

Subject to the regulations, an alleged offender who enters into an arrangement under this section will, for the purposes of any other