42When a penalty notice enforcement order may be made

#### 42 When a penalty notice enforcement order may be made 42 When a penalty notice enforcement order may be made > > (1) A penalty notice enforcement order may be made only if— > > > > > (a) a penalty notice has been issued to a person in relation to a particular offence referred to in the order, and > > > > > (a1) there is no review under Division 2A in progress, and > > > > > (b) a penalty reminder notice has been served on the person— > > > > > > > (i) after the end of the time specified in the penalty notice as the time within which the amount payable under the notice may be paid, or > > > > > > > (ii) if a review has been conducted under Division 2A, after that review, and > > > > > (c) the due date specified in the penalty reminder notice has passed, and > > > > > (d) the full amount payable under the penalty notice had not been paid before the order is made, and > > > > > (e) the person has not, in accordance with this Part, declined to be dealt with under this Part, and > > > > > (f) a court attendance notice in relation to the offence has not been issued, and > > > > > (g) (Repealed) > > > > > (h) the facts as alleged in or referred to in the order constitute the offence. > > > (1AA) The Commissioner may also make a penalty notice enforcement order, in respect of an amount owed by a person under a penalty notice, if the Commissioner receives an application by the person for a work and development order or time to pay order in relation to the amount. > > > (1BB) The Commissioner must not make a penalty notice enforcement order referred to in subsection (1AA) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person. > > > (1CC) On the making of an order under subsection (1AA), the person who has been issued with the penalty notice to which the order relates can no longer elect to have the matter dealt with by a court under section 23A or 36. > > > > Note. > > > > See Division 5 for the circumstances in which the Local Court may deal with matters relating to penalty notice enforcement orders. > > > (1A) A penalty notice enforcement order may not be made later than— > > > > > (a) if the applicable limitation period in relation to the offence is less than 12 months—12 months from when the offence was committed or is alleged to have been committed, or > > > > > (b) if the applicable limitation period in relation to the offence is 12 months or greater—the expiry of that limitation period, or > > > > > (c) if a review has been conducted under Division 2A and a penalty reminder notice has been served under section 24F (1)—42 days after service of that notice. > > > (1B) If more than one date is applicable under subsection (1A), the later of those dates is the relevant date for the purposes of that subsection. > > > (2) An application for a penalty notice enforcement order made by an appropriate officer must certify— > > > > > (a) that the matters specified in subsection (1) (other than subsection (1) (d)), or the relevant matters in subsection (1AA), are satisfied, and > > > > > (b) that the full amount payable under the penalty notice has not been paid, and > > > > > (c) that the period for making the order (as referred to in subsection (1A)) has not expired. > > > (2A) The Commissioner may rely on the certificate for the purpose of making the order. > > > (3) A penalty notice enforcement order may be made in the absence of, and without notice to, the person concerned. > > **s 42:** Am 2004 No 43, Sch 1 \[10\]–\[13\]; 2008 No 40, Sch 1 \[5\] \[19\]; 2008 No 110, Sch 1 \[12\]–\[17\]; 2012 No 61, Sch 1 \[12\]; 2013 No 82, Sch 1 \[5\] \[14\]; 2016 No 39, Sch 1 \[16\]; 2019 No 13, Sch 1\[32\]–\[34\].