Infringements Act 2006

An enforcement agency must allocate money received under a payment plan in order of priority based on the date each infringement notice was issued in respect of the infringement penalty and any penalty reminder notice fee under the payment plan, with the infringement penalty and any penalty reminder notice fee under the oldest notice being paid out first.

The order of priority to be applied when payments under a payment plan are allocated applies to all payment plans managed by an enforcement agency.

If a person to whom a payment plan applies makes an overpayment by continuing payments after the payment plan is completed, the enforcement agency must advise the person to whom the plan applies of the overpayment and may—

if the person has other outstanding infringement penalties and any penalty reminder notice fee in respect of an infringement offence or outstanding notices of final demand, offer to apply the amount of the overpayment to those outstanding infringement penalties and that outstanding penalty reminder notice fee or any outstanding notices of final demand (as the case requires) if the person—

consents to the amount being so applied; and

directs the agency to do so; or

refund the amount of the overpayment to the person and—

if the amount had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

if the amount had been paid into another fund or account, the amount is to be refunded from that fund or account.