68Examination of fine defaulter

68 Examination of fine defaulter (1) The Fines Recovery Unit may, by notice in writing, request a fine defaulter to supply the relevant information for the purpose of determining appropriate enforcement action that may be taken under this Division. (2) If the fine defaulter does not comply with the request or if the Director is not satisfied with the response, an examination summons may be issued to the fine defaulter. (3) An examination summons cannot be issued to a person if, within the previous 3 months, the person has attended an examination in accordance with a summons under this section. (4) An examination summons may be directed to: (a) if the fine defaulter is an individual – the fine defaulter; or Fines and Penalties (Recovery) Act 2001 42 (b) if the fine defaulter is a corporation – an officer or former officer of the corporation. (5) Subject to subsection (6), an examination summons is to be served personally on the person to whom it is directed. (6) If the Director is satisfied that it is impracticable to serve an examination summons personally, the Director may make an order for substituted service in accordance with section 69. (7) An examination summons is to summon the person to whom it is directed to attend: (a) at the place specified in the summons; and (b) on a day and at a time specified in the summons and thereafter as further required; to be orally examined by the Director or another specified officer as to the fine defaulter's property and other means of satisfying the fine and generally as to the fine defaulter's financial circumstances. (8) An examination summons: (a) may require the person to produce to the Director or officer any document or other thing in the person's possession or control that tends to show the fine defaulter's true financial circumstances; and (b) is to notify the person to whom it is directed that a warrant will issue if the person does not attend for examination in accordance with the summons. (9) A person is not bound to produce any document or other thing that is not specified or sufficiently described in the examination summons or that the person would not be bound to produce on a subpoena for production in the Supreme Court. (10) If a person fails to attend in accordance with a summons under this section, the Fines Recovery Unit may issue a warrant for the apprehension of the person and for the person to be brought before the Director or other specified officer of the Unit for examination in accordance with this section. (11) A warrant of apprehension: (a) is not to be issued unless the Fines Recovery Unit is satisfied that the examination summons was duly served on the person (whether personally or by substituted service); and Fines and Penalties (Recovery) Act 2001 43 (b) is to be directed to a bailiff and provided to the bailiff for execution; and (c) may be executed with the assistance of a member of the Police Force. (12) If a person who is served with an examination summons engages in conduct that would, if the Fines Recovery Unit were the Local Court, constitute contempt of the Court under section 45 of the Local Court Act 2015: (a) the Director may refer the matter to the Local Court; and (b) the Local Court, constituted by a Local Court Judge, may deal with the matter under Part 4, Division 4 of the Local Court Act 2015 as if it were an alleged contempt referred to it under section 46(4)(b) of that Act. (13) If an examination under this section is adjourned, the Fines Recovery Unit must notify the person to be examined of the time and place for the continuance of the adjourned examination.