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Fines and Penalties (Recovery) Act 2001
37Fines Recovery Unit may make penalty enforcement order
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37 Fines Recovery Unit may make penalty enforcement order
(1) The Fines Recovery Unit may make a penalty enforcement order
against a person if:
(a) an infringement notice has been served on the person in
relation to an alleged offence; and
(b) a courtesy letter has been served on the person in accordance
with section 17; and
Fines and Penalties (Recovery) Act 2001 19
(c) the due date specified in the courtesy letter has passed or, if
an arrangement to allow further time to pay the penalty was
entered into under section 12B(2), the arrangement has not
been complied with; and
(d) the penalty under the infringement notice (including the
prescribed costs in relation to the issue of the courtesy letter)
has not been paid; and
(e) the person has not elected to be dealt with by a court in
relation to the matter; and
(f) a complaint in relation to the offence has not been filed; and
(g) not more than 3 years have passed since the offence is
alleged to have been committed.
(2) A single penalty enforcement order may be made in relation to
outstanding penalties under more than one infringement notice
issued to the same person.
(3) A penalty enforcement order may be made in the absence of and
without prior notice to the person the subject of the order.