75Examination of fine defaulter

#### 75 Examination of fine defaulter 75 Examination of fine defaulter > > (1) The Commissioner may issue an order (an order for examination) under this section for the purpose of enabling enforcement action to be taken under this Division. > > > (2) An order for examination may be directed— > > > > > (a) if the fine defaulter is a natural person—to the fine defaulter, or > > > > > (b) if the fine defaulter is a corporation—to an officer or former officer of the corporation. > > > (3) An order for examination— > > > > > (a) is to require the person to whom it is directed to attend before the Commissioner or other specified authorised officer, or before a specified officer of a court, at the place specified in the order, and > > > > > (b) is to require the person to so attend on a day and at a time specified in the order and thereafter as required by the Commissioner or officer to be orally examined as to the fine defaulter’s property and other means of satisfying the fine and generally as to the fine defaulter’s financial circumstances, and > > > > > (c) may require the person to produce to the Commissioner or officer, at any such examination, any document or other thing in the person’s possession or control that tends to show the fine defaulter’s true financial circumstances. > > > (4) An order for examination is to be served personally on the person to whom it is directed. > > > (5) A person is not bound to produce any document or other thing that is not specified or sufficiently described in the order for examination or that the person would not be bound to produce on a subpoena for production in the Supreme Court. > > > (6) An order for examination may not be issued to a person if that person has previously attended an examination within the previous 3 months pursuant to an order for examination under this section. > > > (7) An examination under this section may be adjourned— > > > > > (a) by the Commissioner, in a case where a person is required to attend before the Commissioner or other specified authorised officer, or > > > > > (b) by a specified officer of a court, in a case where a person is required to attend before the specified officer. > > > (8) The Commissioner, authorised officer or specified officer of the court (as the case requires) must notify the person concerned of the time and place for the adjourned examination. > > > (9) The Commissioner may, instead of issuing an order for examination, request the fine defaulter by notice to supply the relevant information for the purpose of enabling enforcement action to be taken under this Division. An order for examination may be issued if the notice is not complied with. > > **s 75:** Am 1998 No 35, Sch 1 \[27\]. Subst 2013 No 82, Sch 1 \[25\].