Fines Enforcement and Debt Recovery Act 2017

An expiation notice may be enforced against the alleged offender by the issuing authority providing to the Chief Recovery Officer the particulars determined by the Chief Recovery Officer relating to—

the alleged offender; and

the offence or offences that remain unexpiated; and

the amount due under the notice; and

compliance by the authority with the requirements of this Act and any other

The prescribed fee is payable by an issuing authority that provides particulars to the Chief Recovery Officer under subsection (1).

The

if the Chief Recovery Officer has, within the relevant period, received particulars under subsection (1) and—

14 clear days have elapsed from the date on which a reminder notice relating to the expiation notice was given in accordance with section 11 of the Expiation of Offences Act 1996;

14 clear days have elapsed from the date on which an expiation enforcement warning notice relating to the expiation notice was given in accordance with section 11A of the Expiation of Offences Act 1996;

if an arrangement under section 20 relating to the notice has terminated in accordance with that section and the Chief Recovery Officer has, within the relevant period, received particulars under subsection (1) following that termination; or

pursuant to subsection (14), or to section 23(5)(c).

Subject to the regulations, on the making of an enforcement determination the alleged offender will, for the purposes of any other Act or law, be taken to have expiated the offence or offences to which the enforcement determination relates (unless the alleged offender is already taken to have expiated the offence in accordance with section 9 or 20(21)).

The

vary an enforcement determination at any time; and

revoke an enforcement determination—

on application under this section made within 30 days of notice of an enforcement determination being given, sent or published in accordance with this section; or

on the Chief Recovery Officer's own initiative.

Subject to subsection (7), an application under subsection (5)(b)(i) must be accompanied by the prescribed fee.

The

The

The

An application under subsection (5)(b)(i) for the revocation of an enforcement determination can only be made on the ground that—

the expiation notice to which the determination relates should not have been given to the applicant in the first instance (other than because the alleged offender did not commit, or has a defence against, the alleged offence); or

the alleged offender did not have a reasonable opportunity to elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for any offence to which the expiation notice relates (other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act); or

the alleged offender did not have a reasonable opportunity to apply for review of the expiation notice to which the determination relates under section 8A of the Expiation of Offences Act 1996 (other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act); or

the procedural requirements of this Act or any other Act were not complied with; or

the applicant failed to receive an expiation notice and an expiation reminder notice as required by the Expiation of Offences Act 1996;

the issuing authority failed to receive—

a notice sent to the authority by the applicant electing to be prosecuted for the offence; or

a nomination, statutory declaration or other document sent to the authority by the applicant in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice;

the applicant has expiated the offence, or offences, under the notice.

The

If the Chief Recovery Officer revokes an enforcement determination—

the determination will be taken to be void and of no effect (and subsection (4) is taken never to have applied in relation to the determination);

any enforcement action taken under section 25 in relation to the determination will be taken to have been revoked;

the

If the Chief Recovery Officer revokes an enforcement determination on the ground referred to in subsection (10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the determination was revoked despite the fact that the time for the commencement of the prosecution may have already otherwise expired.

If—

the

—

the alleged offender does not, within 14 days of being informed of the revocation—

elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for the offence; or

apply under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates on the ground that the offence is trifling; or

the alleged offender applies under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates but the issuing authority determines not to withdraw the expiation notice, the

Despite any other provision of this Act, if the Chief Recovery Officer revokes an enforcement determination on a ground referred to in subsection (10)(d),

or (f), the following provisions apply:

if the period of 1 year from the date of commission of the alleged offence, or offences, has not expired, the applicant will be taken to have been given an expiation notice by the issuing authority in respect of the alleged offence, or offences, for the first time on the day on which the determination was revoked; and

the expiation notice will also be taken to have been issued on that day;

the expiation period will be taken to be the period of 28 days from (and including) that day; and

a prosecution can be commenced for the alleged offence, or offences, within 6 months of the expiry of that expiation period (despite the fact that the time for the commencement of the prosecution may have already otherwise expired).

Subject to subsection (17), on an enforcement determination being made, varied or revoked, the

to be—

given to the alleged offender; or

if the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained—published on a website determined by the

to be given to the issuing authority.

If—

the alleged offender was under the age of 18 years at the time the offence is alleged to have been committed or is a protected person;

the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained, the

The

In this section—

for the purposes of subsection (3)(a)—

the period ending 90 days after the end of the expiation period; or

such longer period as the Chief Recovery Officer may allow (provided that the Chief Recovery Officer may not extend the period so as to allow particulars to be received after the time for commencement of a prosecution against the person for the unexpiated offence or offences to which the particulars relate has expired); and

for the purposes of subsection (3)(b)—the period of 30 days after the day on which the arrangement terminated.