Enforcement action on default, cancellation or removal if payment is not complete
57 Enforcement action on default, cancellation or removal if payment is not complete
S. 57(1) amended by No. 59/2017 s. 25(a).
Any remaining outstanding infringement fine or court fine or registered collection and enforcement order may be enforced by other enforcement action available under this Act—
S. 57(1)(a) amended by No. 59/2017 s. 25(b).
on the removal of a fine or registered collection and enforcement order from a payment arrangement under section 48 by the person to whom the payment arrangement applies; or
on the cancellation of a payment arrangement under section 49 by the person to whom the payment arrangement applies; or
on cancellation of the payment arrangement under section 56 for default; or
if a person does not make the first payment in accordance with section 47.
S. 57(2) amended by No. 59/2017 s. 25(c).
For the purposes of subsection (1), any enforcement action available is to be taken from the point which the fine or the registered collection and enforcement order to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment arrangement was made for that fine or registered collection and enforcement order.
Note
Depending on the stage that enforcement had reached before the payment arrangement was made, a penalty reminder notice may be served, or if not already registered, the infringement penalty may be registered as an infringement fine and a notice of final demand served or any sanction available under this Act following default may be applied.
This Act’s bill:Explanatory memorandumSecond reading speech
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