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s 130

Request to cease enforcement of fine

In force
Part 12Enforcement of fines
Division 3Fines under law of another participating jurisdiction

130 Request to cease enforcement of fine

(1)

This section applies if, subsequent to registration of the fine under section 126(1), the Fines Registrar —

(a)

receives a written request from the reciprocating agency to cease enforcing the fine; or

(b)

advises the reciprocating agency in writing that the Fines Registrar will not take any action or further action to enforce the fine.

(2)

The Fines Registrar must —

(a)

cancel any order, permit or unexecuted warrant in force in relation to the fine under the Fines Enforcement Act Part 4; and

(b)

if the Fines Registrar cancels a licence suspension order under paragraph (a) — advise the Director General of the cancellation; and

(c)

advise the reciprocating agency of the amount of the fine outstanding, taking into account —

(i)

any money received from the offender in whole or part satisfaction of the fine, including any payment recorded under section 128(a); and

(ii)

any money received by the Fines Registrar in whole or part satisfaction of the fine as a result of any action taken by the Fines Registrar to enforce the fine under the Fines Enforcement Act; and

(iii)

any reduction (calculated in accordance with the regulations) of the amount of the fine as a consequence of any action taken by the Fines Registrar to enforce the fine under the Fines Enforcement Act;

and

(d)

remit to the reciprocating agency any money received by the Fines Registrar in whole or part satisfaction of the fine that has not already been remitted under section 129; and

(e)

not take any action or further action to enforce the fine under the Fines Enforcement Act.

(3)

On receiving or making a request under this section, the fine ceases to be registered under section 126(1).

[Section 130 amended: No. 25 of 2020 s. 116.]

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