Competition and Consumer Act 2010
139DEnforcement and recovery of certain fines
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139D Enforcement and recovery of certain fines
(1) If a person defaults in paying a fine that has been imposed on the person for an offence against a provision of Chapter 4 of the Australian Consumer Law or section 137G of this Act, a court may:
(a) exercise any power that the court has apart from this section in relation to the enforcement and recovery of the fine; or
(b) make an order (the enforcement order), on the application of the Commonwealth Minister or the Commission, declaring that the fine is to have effect, and may be enforced, as if it were a judgment debt under a judgment of the court.
(2) If:
(a) the court makes an enforcement order; and
(b) the person gives security for the payment of the fine;
the court must cancel the enforcement order.
(3) If the court makes an enforcement order, the court may, at any time before the enforcement order is executed:
(a) allow the person a specified time in which to pay the fine; or
(b) allow the person to pay the fine by specified instalments.
(4) If the court allows the person a specified time in which to pay the fine:
(a) the enforcement order must not be executed unless the person fails to pay the fine within that time; and
(b) if the person pays the fine within that time—the enforcement order is taken to have been discharged.
(5) If the court allows the person to pay the fine by specified instalments:
(a) the enforcement order must not be executed unless the person fails to pay such an instalment at or before the time when it becomes payable; and
(b) if the person pays all those instalments—the enforcement order is taken to have been discharged.
(6) The term of a sentence of imprisonment imposed by an order under a law of a State or a Territory applied by section 15A of the Crimes Act 1914 (including an order described in subsection 15A(1AA) of that Act) in respect of a fine is to be calculated at the rate of one day’s imprisonment for each $25 of the amount of the fine that is from time to time unpaid.