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Fines and Penalties (Recovery) Act 2001
114Guidelines on exercise of functions under this Act
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114 Guidelines on exercise of functions under this Act
(1) The Minister may issue guidelines, not inconsistent with this Act or
the Regulations, with respect to the following:
(a) the exercise by the Fines Recovery Unit of its functions under
this Act (including writing off unpaid fines, the issue of
enforcement orders or community work orders and the taking
of other enforcement action under this Act);
(ab) the entering into of arrangements:
(i) by the Fines Recovery Unit allowing a person further
time to pay a fine (including any prescribed costs
associated with enforcement action) under section 26(2);
or
Fines and Penalties (Recovery) Act 2001 69
(ii) by an enforcement agency or the Fines Recovery Unit
allowing a person further time to pay the penalty under
an infringement notice (including any prescribed costs
associated with a courtesy letter or other enforcement
action) under section 12B(2);
(b) the exercise by registrars of courts of their functions under this
Act (including the determination of time for payment of fines
imposed by courts);
(c) the exercise by a bailiff and other persons of their functions
under this Act in connection with the taking of enforcement
action.
(2) The Minister must give notice in the Gazette of the making of
guidelines under this section and the notice is to state the places
where a person may inspect or purchase a copy of the guidelines.
(3) Subsection (2) does not apply to guidelines in relation to the writing
off of unpaid fines or penalties.
(4) The guidelines are to be complied with but a failure to do so does
not affect the validity of any proceedings, decision, order or warrant.