Payment plans available in certain circumstances
46 Payment plans available in certain circumstances
S. 46(1) amended by Nos 32/2006 s. 24(1), 59/2017 s. 119(1).
A natural person, including a child, served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any penalty reminder notice fee in respect of the infringement offence to which the infringement notice relates.
S. 46(1A) inserted by No. 47/2014 s. 230(1) (as amended by No. 59/2017 s. 99(1)).
A body corporate served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any penalty reminder notice fee in respect of the infringement offence to which the infringement notice relates.
S. 46(2) amended by No. 47/2014 s. 230(2).
An application under subsection (1) or (1A) may be made—
S. 46(2)(a) substituted by No. 32/2006 s. 24(2).
in the case of—
S. 46(2)(a)(i) substituted by No. 47/2014 s. 230(3).
an infringement offence for which an infringement notice was served on a person other than a child, at any time before the registration for enforcement of the infringement penalty in respect of that offence with the Director under the Fines Reform Act 2014; or
S. 46(2)(a)(ii) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.4).
(ii) 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; and
S. 46(2)(b) amended by Nos 32/2006 s. 24(3), 47/2014 s. 230(4).
in the case of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates, whether in the Court or the Children's Court, as the case requires.
S. 46(3) amended by No. 47/2014 s. 230(5).
An enforcement agency must offer a payment plan to a person who applies under subsection (1) or (1A) if the person meets the eligibility criteria set out in the guidelines.
S. 46(4) amended by No. 47/2014 s. 230(6).
An enforcement agency may offer a payment plan to a person who applies under subsection (1) or (1A) if the enforcement agency decides, in its discretion, that the person should be offered a payment plan.
An enforcement agency may offer a payment plan—
by arrangement and management of a payment plan for the person to whom it applies by that agency; or
S. 46(5)(b) amended by Nos 59/2017 s. 119(3), 47/2014 s. 230(7).
by referring the infringement penalty and penalty reminder notice fee in respect of any infringement offence to the Director for management by a payment arrangement under the Fines Reform Act 2014.
S. 46(6) inserted by No. 47/2014 s. 230(8) (as amended by No. 59/2017 s. 99(2)).
If an enforcement agency decides not to offer a payment plan to a person who applies under subsection (1) or (1A), the agency must serve on the person written notice of that decision specifying that—
a payment plan will not be offered to the person; and
the person has 21 days from the date the notice is served to pay the infringement penalty; and
failure to pay within 21 days from the date the notice is served may result in any infringement penalty being registered for enforcement with the Director under the Fines Reform Act 2014.
S. 46(7) inserted by No. 47/2014 s. 230(8) (as amended by No. 59/2017 s. 99(2)).
An enforcement agency must cease any action taken to collect an infringement penalty and any penalty reminder notice fee from a person served with an infringement notice on receipt of an application made under subsection (1) or (1A) by the person until the application is determined.
This Act’s bill:Explanatory memorandumSecond reading speech
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