Fines Enforcement and Debt Recovery Act 2017

If a debtor fails to comply with a determination under section 61(1), the Court may, on application by the Chief Recovery Officer, issue a summons (which must be served personally) to require the debtor to appear for examination before the Court.

If a debtor fails to appear as required by the summons, the Court may issue a warrant to have the debtor arrested and brought before the

Court for examination.

If, after examination of a debtor conducted in accordance with procedures prescribed by rules of the Court, the Court is satisfied that—

the debtor has, without proper excuse, failed to comply with a determination under section 61(1);

and

at least 2 instalments are in arrears; and

the debtor has the means to pay the instalments that are in arrears without the debtor, or the dependants of the debtor, suffering hardship, the

Court may order that the debtor pay a monetary penalty of an amount determined by the Court (which will be added to, and then form part of, the debt owed by the debtor).