Monetary Penalties Enforcement Act 2005

An offender may apply to the Director for a variation of payment conditions.

An application – is to be in a manner approved by the Director; and may include representations from the applicant in respect of his or her ability to pay the monetary penalty; and subject to section 29, may include an application for an order converting an unpaid monetary penalty to a period of unpaid community service.

The Director is to take the applicant’s representations into account before determining the period within which the amount is to be paid.

If the Director approves an application for a variation of payment conditions, other than an application for an MPCSO, the Director is to give the offender a variation of payment conditions notice.

On the issue of a variation of payment conditions notice, the Director is not to take any, or any further, action to enforce payment of any monetary penalty which is the subject of the notice whilst the person to whom the notice has been issued is paying in accordance with that notice.

If, after an administrative sanction under Part 6 has been imposed on a person, a variation of payment conditions notice is issued to that person – that sanction remains in effect after the issue of that notice until the Director determines that he or she is satisfied that the person is, and is likely to continue, complying with that notice; and on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice – the sanction is revoked; and the Director is to give written notice of the revocation of the sanction to the person and, if appropriate, the Registrar; and if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice – the sanction is revived; and the Director is to give written notice of the revival of the sanction to the person and, if appropriate, the Registrar.

If, after a civil sanction under Division 2 or 3 of Part 7 has been imposed on a person, a variation of payment conditions notice is issued to that person – that sanction remains in effect after the issue of that notice; but on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice, no action or further action is to be taken to enforce that sanction; but if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice, action or further action may be taken to enforce that sanction.

If – a redirection of money owing order has been issued in respect of an enforcement debtor; and an application for a variation of payment conditions notice is then made under this section – that application is taken to include an application under section 85 to cancel or vary, as appropriate, the redirection of money owing order.

A variation of payment conditions notice may apply to all monetary penalties for which the applicant has applied for a variation of payment conditions under this Act.

The Director may vary a variation of payment conditions notice if he or she becomes aware of a material change in the applicant’s financial circumstances and must notify the applicant of any change.