Person may apply for payment arrangement
42 Person may apply for payment arrangement
S. 42(1) amended by No. 17/2022 s. 12(1).
Subject to subsections (3) and (6), a natural person, including a child or a declared director, who has an infringement fine or a court fine (if that court fine has been referred to the Director under section 13(1)) may apply to the Director for a payment arrangement to pay the fine.
S. 42(1A) inserted by No. 59/2017 s. 14(1), amended by No. 17/2022 s. 12(2).
Subject to subsection (3), a natural person may apply to the Director for a payment arrangement to pay a registered collection and enforcement order.
S. 42(1B) inserted by No. 17/2022 s. 12(3).
Subject to subsection (3), a natural person may apply to the Director for a payment arrangement to pay an enforcement hearing order referred to the Director for collection.
A body corporate which has an infringement fine or a court fine may apply to the Director for a payment arrangement to pay the fine, unless a director of the body corporate is a declared director.
An application for a payment arrangement must not be made—
in the case of a body corporate, after the seizure of property under an enforcement warrant; and
S. 42(3)(b) substituted by No. 59/2017 s. 77.
in the case of a natural person, after—
S. 42(3)(b)(i) amended by No. 59/2017 s. 14(2).
the expiry of the seven-day notice in respect of a fine or a registered collection and enforcement order; or
the person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009.
A payment arrangement may include an infringement fine even if it is not a registered infringement fine.
An application for a payment arrangement may be made in the case of an infringement offence for which an infringement notice was served on a child at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005.
An application for a payment arrangement must not be made in relation to any fine imposed on a child under Part 5.3 of Chapter 5 of the Children, Youth and Families Act 2005.
This Act’s bill:Explanatory memorandumSecond reading speech
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