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Fines and Penalties (Recovery) Act 2001
95Time to pay
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95 Time to pay
(1) At any time after an enforcement order is made but before a
community work order is issued in the matter, the fine defaulter or a
person acting on the fine defaulter's behalf may apply to the Fines
Recovery Unit for time to pay the amount payable under the
(2) If the Fines Recovery Unit is satisfied that the application is made in
good faith and it appears to be expedient to do so, the Unit may, by
order, allow further time to pay.
(3) The Fines Recovery Unit may:
(a) extend the time for payment of the whole amount; or
(b) allow the total amount to be paid by instalments in the
amounts and at the times as the Unit specifies.
(4) If an instalment of an amount payable under an enforcement order
is not paid by the due date, the remaining instalments then become
due and payable unless the Fines Recovery Unit otherwise orders.
Fines and Penalties (Recovery) Act 2001 56
(5) If:
(a) an application for further time to pay is granted; and
(b) payment of each instalment is made in accordance with the
order of the Fines Recovery Unit (if applicable);
further enforcement action under this Part is suspended.
(6) If further enforcement action is suspended:
(a) a bailiff is not required to return any property seized under a
property seizure order under Division 8; and
(b) a statutory charge on land created under that Division need
not be cancelled;
until the amount payable under the enforcement order is paid in full.
(7) However, while further enforcement action is suspended:
(a) if a suspension of the fine defaulter's licence to drive or
vehicle registration has been imposed under Division 7, the
Fines Recovery Unit must lift that suspension; and
(b) if the Fines Recovery has made a determination to cease to
perform functions related to motor vehicles in relation to the
fine defaulter under section 62, the Fines Recovery Unit must
lift that determination; and
(c) if a motor vehicle owned by the fine defaulter has been
immobilised under section 66C, the Director must direct an
immobilisation officer to remove the immobilisation; and
(d) if the fine defaulter's details are published under
section 66M – the Fines Recovery Unit must remove the
details from its website.