Div 1Enforcement action

Division 1—Enforcement action 34—Interpretation In this Part— clamp, in relation to a vehicle, means immobilise the vehicle by means of wheel clamps (and clamped has a corresponding meaning); clamping or impounding period means the period for which a vehicle is liable to remain clamped or impounded in accordance with a determination under section 41(1); drive includes ride; monetary amount means a pecuniary sum or an amount due under an expiation notice; person entitled to custody of a vehicle means— (a) an owner of the vehicle; or (b) a person authorised by an owner of the vehicle to take custody of the vehicle; or (c) a person legally entitled to possession of the vehicle; registered owner of a vehicle means a person recorded in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth as an owner of the vehicle; road has the same meaning as in the Motor Vehicles Act 1959. 35—Aggregation of monetary amounts for the purposes of enforcement Any number of monetary amounts owed by a debtor may be aggregated for the purposes of exercising powers under this Part. 36—Seizure and sale of assets (1) The Chief Recovery Officer may, by written determination, determine to sell the land or personal property of a debtor or alleged offender to satisfy the monetary amount owed by the debtor or alleged offender. (2) A determination under this section authorises the Chief Recovery Officer to— (a) enter any land (using such force as may be necessary) on which the Chief Recovery Officer reasonably suspects personal property of the debtor or alleged offender is situated; and (b) seize and remove any personal property found on land referred to in paragraph (a) that apparently belongs (wholly or partly) to the debtor or alleged offender; and (c) affix clamps or any other locking device to any vehicle that is to be seized and removed from land referred to in paragraph (a) in order to secure the vehicle until it can be so seized and removed; and (d) seize and remove any documents evidencing the title of the debtor or alleged offender to any real or personal property; and (e) place and keep any such personal property or documents in safe custody until completion of sale; and (f) sell personal property owned (whether solely or as a co‑owner) by the debtor or alleged offender; and (g) sell the interest of the debtor or alleged offender in real property owned (whether solely or as co-owner) by the debtor or alleged offender. (3) However— (a) powers under this section may not be exercised in relation to personal property, or property of a class, prescribed by the regulations; and (b) this section does not authorise the sale of land unless the monetary amount exceeds $10 000; and (c) any amount realised from the sale of the personal property of the debtor or alleged offender in excess of the monetary amount owed by a debtor or alleged offender must be paid to the debtor or alleged offender by the Chief Recovery Officer; and (d) the Chief Recovery Officer (on behalf of the Crown) has the same powers in respect of an interest of a debtor or alleged offender in land the Officer determines to sell under this section as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage (and sections 132 to 135 (inclusive) and 136 of that Act apply accordingly as if the Officer were the mortgagee and the debtor or alleged offender were the mortgagor). (4) If the Chief Recovery Officer determines under this section to sell an interest in real property of the debtor or alleged offender— (a) the Officer must provide the Registrar-General with written notification of the determination; and (b) the Registrar-General must note the determination in the Register Book or the Register of Crown Leases; and (c) the determination will be taken to be a mortgage registered under the Real Property Act 1886 on the day that it is provided to the Registrar-General. (5) If the Chief Recovery Officer determines under this section to sell personal property of the debtor or alleged offender, the Officer may give the debtor or alleged offender written notice in the prescribed form requiring the debtor or alleged offender to produce specified items of property at a time and place specified in the notice. (6) A person must not, without reasonable excuse (proof of which lies on the person), refuse or fail to comply with a notice under subsection (5). Maximum penalty: $2 500 or imprisonment for 6 months. (7) The Chief Recovery Officer may exercise powers under this section in the absence of, and without prior notice to, the debtor or alleged offender. (8) When property is seized or removed from land, notice of the written determination under this section and a notice listing the property seized— (a) must be given personally to the debtor or alleged offender or to any other person apparently in charge of the land and apparently of or over the age of 16 years; or (b) if paragraph (a) cannot be complied with, must be left in or attached to a conspicuous place on the land. (9) The Chief Recovery Officer may, if the Chief Recovery Officer thinks fit, leave a debtor or alleged offender in possession of property until it is sold pursuant to the order for sale. (10) If property that has been seized is left in the possession of the debtor or alleged offender pending sale, the debtor or alleged offender must not, except with the written approval of the Chief Recovery Officer, cause, permit or allow the property to be removed from the possession of the debtor or alleged offender or to be sold or offered for sale. (11) If a vehicle has been seized but left in the possession of the debtor or alleged offender pending sale, the debtor or alleged offender must not, except with the written approval of the Chief Recovery Officer, drive the vehicle on a road. Maximum penalty: (a) $2 500; or (b) disqualification from holding or obtaining a driver's licence for a period (of whole months only) not exceeding 6 months. (12) If a vehicle that has been seized is not left in the possession of the debtor or alleged offender, a person must not, without reasonable excuse, interfere with the vehicle in any way. Maximum penalty: $2 500. (13) A person must not interfere in any way— (a) with any written determination attached by the Chief Recovery Officer to seized property left in the possession of a debtor or alleged offender signifying that the property has been seized; or (b) with a vehicle that has been immobilised, seized or removed, or the means by which a vehicle has been immobilised, pursuant to this section. (14) Property seized under this section cannot be sold until 14 days have elapsed from (and including) the day on which it was seized. (15) If— (a) the debtor or alleged offender or any other person claims that property seized under this section is not liable to seizure and sale under this section; or (b) a person (other than the debtor or alleged offender) claims an interest in property seized under this section, the Court may, if satisfied, on application by the debtor, alleged offender or other person, of the validity of the claim— (c) exclude the property from the sale; or (d) direct the application of the proceeds of the sale of the property in such manner as the Court considers just. (16) A sale of an interest in land or tangible property under this section is to be conducted in a manner determined by the Chief Recovery Officer. (17) If any part of the property of a debtor or alleged offender consists of intangible property, the Chief Recovery Officer may sign any transfer or do anything else necessary to convert that property into money as if the Chief Recovery Officer were the debtor or alleged offender. (18) If the proceeds from a sale of personal property under this section exceed the amount necessary to satisfy the monetary amount owed by the debtor or the alleged offender, the amount remaining after deduction of the monetary amount from the proceeds must be returned to the debtor or alleged offender. (19) If the Chief Recovery Officer determines not to sell any personal property seized under this section, the property must be returned to the debtor or alleged offender or left at the land from which it was seized. (20) In this section— driver's licence includes a learner's permit. 37—Garnishment (1) The Chief Recovery Officer may, by written determination, provide that— (a) money owing or accruing to a debtor or alleged offender from a third person; or (b) money of the debtor or alleged offender in the hands of a third person (including money in an ADI account), be attached to satisfy a monetary amount owed by the debtor or alleged offender. (2) A determination under this section may authorise the garnishee to retain from the money subject to the attachment a reasonable sum, fixed by the written determination, as compensation for the garnishee's expenses in complying with the determination. (3) The Chief Recovery Officer must cause notice of a written determination under this section to be given to the debtor or alleged offender and the garnishee. (4) A garnishee must comply with a determination under this section. (5) If the garnishee does not comply with a determination under this section, the garnishee becomes personally liable for payment to the Chief Recovery Officer of the amount subject to attachment. (6) If, because a determination has been made under this section in relation to an employee, the employer— (a) dismisses the employee; or (b) injures the employee in employment; or (c) alters the employee's position to the employee's prejudice, the employer is guilty of an offence. (7) A reference in this section to a third person includes the Crown or any person or body holding money on behalf of the Crown. 38—Suspension of driver's licence (1) The Chief Recovery Officer may, by written determination, suspend a debtor's driver's licence, or an alleged offender's driver's licence, (and such a determination may be issued despite the fact that the debtor or alleged offender is currently disqualified from holding or obtaining a licence). (b) notify the Registrar of Motor Vehicles of the determination. (3) A licence suspension under this section— (a) takes effect 14 days from (and including) the day on which the determination under subsection (1) was given to the debtor or alleged offender; and (b) may be cancelled by the Chief Recovery Officer by written determination (provided that the Chief Recovery Officer must make such a written determination if all monetary amounts owed by the debtor or alleged offender are paid in full). (a) the Chief Recovery Officer must notify the Registrar of Motor Vehicles of the determination; and (b) the licence suspension continues in operation until the Registrar of Motor Vehicles is so notified. (5) If the Chief Recovery Officer makes a determination under this section, a fee of the prescribed amount is added to and forms part of the monetary amount owed by the debtor or alleged offender. (6) In this section— driver's licence includes a learner's permit. 39—Restriction on transacting business with Registrar of Motor Vehicles (1) The Chief Recovery Officer may, by written determination, impose a prohibition on a debtor or alleged offender transacting any business with the Registrar of Motor Vehicles. (b) notify the Registrar of Motor Vehicles of the determination. (3) A prohibition under this section— (a) takes effect on the Registrar of Motor Vehicles being notified under subsection (2); and (b) may be cancelled by the Chief Recovery Officer by written determination (provided that the Chief Recovery Officer must make such a written determination if all monetary amounts owed by the debtor or alleged offender are paid in full). (a) the Chief Recovery Officer must notify the Registrar of Motor Vehicles of the determination; and (b) the prohibition continues in operation until the Registrar of Motor Vehicles is so notified. (5) The effect of a prohibition under this section is that, while the prohibition continues in operation, the Registrar of Motor Vehicles will not process any application made by or on behalf of the debtor or alleged offender, whether the application was made before or after the prohibition took effect. (6) However, subsection (5) does not apply in relation to an application to transfer the registration of a vehicle of which the debtor or alleged offender is a registered owner— (a) to a person who is not a joint registered owner of the vehicle; or (b) to a person where the transfer has been ordered by a court. (7) If the Chief Recovery Officer makes a determination under this section, a fee of the prescribed amount is added to and forms part of the monetary amount owed by the debtor or alleged offender. 40—Suspension of section 97A of Motor Vehicles Act 1959 (1) The Chief Recovery Officer may, by written determination, suspend the operation of section 97A of the Motor Vehicles Act 1959 insofar as it applies to a debtor or alleged offender specified in the notice. (b) notify the Registrar of Motor Vehicles and the Commissioner of Police of the determination. (3) Suspension of the operation of section 97A of the Motor Vehicles Act 1959 under this section— (a) takes effect 14 days from (and including) the day on which notice of the determination under subsection (1) was given to the debtor or alleged offender; and (b) may be cancelled by the Chief Recovery Officer by written determination (provided that the Chief Recovery Officer must make such a written determination if all monetary amounts owed by the debtor or alleged offender are paid in full). (a) the Chief Recovery Officer must notify the Registrar of Motor Vehicles and the Commissioner of Police of the determination; and (b) the suspension under this section continues in operation until the Registrar of Motor Vehicles is so notified. (5) If the Chief Recovery Officer makes a determination under this section, a fee of the prescribed amount is added to and forms part of the monetary amount owed by the debtor or alleged offender. (6) The Chief Recovery Officer must notify prescribed officers of other States and Territories of determinations made under this section. 41—Clamping or impounding of vehicle (1) The Chief Recovery Officer may, by written determination, determine to clamp or impound any vehicle that a debtor or alleged offender owns or is accustomed to drive, or that was used in the commission of an offence or alleged offence to which action under this Part relates, for a period specified in the determination or until the Chief Recovery Officer determines to end the clamping or impounding period under this section. (2) A determination under this section authorises the Chief Recovery Officer— (a) to clamp a vehicle referred to in subsection (1); or (b) to seize such a vehicle for the purpose of clamping or impounding it. (3) The Chief Recovery Officer may exercise powers under this section in relation to a vehicle without notice to the debtor or alleged offender if— (a) the debtor or alleged offender is the only registered owner of the vehicle; or (b) the Chief Recovery Officer has made reasonable attempts to notify each registered owner of the vehicle (other than the debtor or alleged offender) of the Officer's intention to exercise those powers. (4) When a vehicle is clamped or seized, notice of the written determination under this section— (a) must be given personally to the debtor or alleged offender and to each registered owner of the vehicle; and (b) must be left in or attached to a conspicuous place on the vehicle or attached to a conspicuous place in the vicinity of the vehicle. (5) A person must not, without reasonable excuse, interfere in any way— (a) with a vehicle that has been clamped pursuant to this section; or (b) with a written determination attached by the Chief Recovery Officer to a vehicle, or to a conspicuous place in the vicinity of a vehicle, pursuant to this section; or (c) with the means by which a vehicle has been clamped pursuant to this section. (6) If a determination has been made under this section in relation to a vehicle, the Chief Recovery Officer may do anything reasonably necessary for the purposes of carrying out functions under this section, including exercising any of the following powers in relation to the vehicle: (a) giving an owner of the vehicle written notice in the prescribed form requiring the owner to produce the vehicle at a time and place specified in the notice; (b) entering any place, including a public place, (using such force as may be necessary) at which the Chief Recovery Officer reasonably suspects the vehicle is situated and breaking into or opening any garage or other structure in which the vehicle can be seen to be stored at the place; (c) requiring a person to stop the vehicle; (d) causing a locking device or other feature of the vehicle to be removed, dismantled or neutralised; (e) requiring a person to surrender the keys to the vehicle, or starting the vehicle by other means; (f) temporarily affixing clamps or any other locking device to the vehicle on a public road or in any other place in order to secure the vehicle until it can be seized and moved; (g) moving the vehicle to a place determined by the Chief Recovery Officer and clamping or impounding the vehicle at that place (and, if the Chief Recovery Officer so determines, subsequently moving the vehicle to, and clamping or impounding the vehicle at, some other place); (h) driving, towing or pushing the vehicle, or moving the vehicle in any other manner. (7) A person must not, without reasonable excuse (proof of which lies on the person), refuse or fail to comply with a notice or requirement under subsection (6). (8) The Chief Recovery Officer— (a) must determine to end the clamping or impounding period if all monetary amounts owed by the debtor or alleged offender are paid in full; and (b) may determine to end the clamping or impounding period at any other time in the Chief Recovery Officer's absolute discretion. (9) At the end of the clamping or impounding period, the Chief Recovery Officer may— (a) remove the clamps; or (b) release the vehicle, including to a person who applies for release of the vehicle and satisfies the Chief Recovery Officer that the person is entitled to custody of the vehicle. (10) However, the Chief Recovery Officer is not obliged to remove clamps from a vehicle or release a vehicle— (a) outside of ordinary business hours; or (b) if the Chief Recovery Officer believes that the removal or release would result in the vehicle being left in the custody of a person not entitled to custody of the vehicle. (11) The Chief Recovery Officer may ask a person questions for the purpose of carrying out functions under this section, including questions for the purpose of determining whether a particular vehicle is liable to be clamped or impounded under this section and questions for the purpose of determining whether a person who applies for release of a vehicle is entitled to custody of the vehicle. (12) A person who— (a) refuses or fails, without reasonable excuse, to answer a question under subsection (11); or (b) in response to a question under subsection (11) gives an answer that is false or misleading in a material particular, is guilty of an offence. 42—Power to dispose of uncollected seized vehicles (1) Despite this or any other law, if no person who is entitled to custody of a vehicle that has been seized and clamped or impounded under section 41 applies to the Chief Recovery Officer for release of the vehicle within 28 days of the vehicle ceasing to be liable to be so clamped or impounded, the Chief Recovery Officer may, subject to this section, dispose of the vehicle. (2) A vehicle must not be disposed of under subsection (1) unless, not less than 14 days before the disposal, notice of the disposal— (a) was sent by registered post to— (i) in the case of a registered vehicle—the registered address of each registered owner of the vehicle; or (ii) in any other case—the address of any owner of the vehicle of which the Chief Recovery Officer is aware; and (b) was given to each person registered under the Personal Property Securities Act 2009 of the Commonwealth as a secured party in relation to a security interest for which the vehicle is collateral; and (c) was published on a website determined by the Chief Recovery Officer. (3) Subject to subsection (4), a disposal of a vehicle under this section is to be by sale by public auction or public tender. (4) A vehicle may be disposed of under this section otherwise than by sale if— (a) the Chief Recovery Officer believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of the sale; or (b) the vehicle has been offered for sale and was not sold. (5) Subject to subsection (6), the proceeds of the sale of a vehicle under this section must be dealt with as follows: (a) if the debtor or alleged offender is the owner of the vehicle—the proceeds must be applied towards satisfaction of the monetary amount owed and any remaining amount must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found; (b) in any other case—the proceeds must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found. (6) If, before the disposal of a vehicle under this section, a person (other than the registered owner, the debtor or the alleged offender) claims an interest in a vehicle that has been seized and clamped or impounded under section 41, the Court may, if satisfied, on application by the person, of the validity of the claim, direct— (a) that the vehicle be released into the custody of the person; or (b) the application of the proceeds of the sale of the vehicle in such manner as the Court considers just. (7) Despite any other Act or law, if a vehicle is sold or otherwise disposed of under this section— (a) any interests in the vehicle existing prior to the sale or disposal are extinguished; and (b) any purchaser of the vehicle, or of any part of the vehicle, acquires a good title. 43—Seizure of number plates of vehicle (1) The Chief Recovery Officer may, by written determination, determine to seize the number plates of any vehicle that a debtor or alleged offender owns or is accustomed to drive or that was used in the commission of an offence or alleged offence to which action under this Division relates. (2) The Chief Recovery Officer must cause notice of the written determination to seize the number plates of a vehicle to be given to the debtor or alleged offender and to each registered owner of the vehicle. (3) A determination under this section authorises the Chief Recovery Officer to seize the number plates of a vehicle referred to in subsection (1). (4) However, the Chief Recovery Officer may not seize the number plates of a vehicle if— (a) the vehicle is situated in a public place; or (b) seizure of the number plates would cause undue inconvenience to a person other than the debtor or alleged offender. (5) If a determination has been made under this section in relation to a vehicle, the Chief Recovery Officer may do anything reasonably necessary for the purposes of carrying out functions under this section, including entering any place, including a public place, (using such force as may be necessary) at which the Chief Recovery Officer reasonably suspects the vehicle is situated and breaking into or opening any garage or other structure in which the vehicle can be seen to be stored at the place. (6) The Chief Recovery Officer— (a) must determine to return the vehicle's number plates to the registered owner if all monetary amounts owed by the debtor or alleged offender are paid in full within 28 days of the day on which the vehicle's number plates are seized; and (b) may determine to return the vehicle's number plates to the registered owner at any other time in the Officer's absolute discretion. (7) If all monetary amounts owed by the debtor or alleged offender are not paid within 28 days of the day on which the vehicle's number plates are seized, the Chief Recovery Officer may, subject to this section, dispose of the vehicle's number plates by forwarding them to the Registrar of Motor Vehicles. (8) Number plates must not be disposed of by the Chief Recovery Officer under subsection (7) unless, not less than 14 days before the number plates are forwarded to the Registrar of Motor Vehicles, notice of the Chief Recovery Officer's intention to dispose of the number plates was sent by registered post to— (a) in the case of a registered vehicle—the registered address of each registered owner of the vehicle; or (b) in any other case—the address of any owner of the vehicle of which the Chief Recovery Officer is aware. (9) The Chief Recovery Officer may ask a person questions for the purpose of carrying out functions under this section, including questions for the purpose of determining whether the number plates of a particular vehicle are liable to be seized under this section. (10) A person who— (a) refuses or fails, without reasonable excuse, to answer a question under subsection (9); or (b) in response to a question under subsection (9) gives an answer that is false or misleading in a material particular, is guilty of an offence. (11) In this section— public place includes a road and a road-related area (both within the meaning of the Motor Vehicles Act 1959). 44—Publication of names of debtors and alleged offenders subject to enforcement action (1) The Chief Recovery Officer may cause a notice to be published on a website determined by the Chief Recovery Officer, and in such other manner (if any) as the Chief Recovery Officer thinks fit, identifying a debtor or alleged offender who is subject to enforcement action under this Act and specifying the monetary amount that is payable at the date of the notice. (2) A notice under subsection (1)— (a) must be in a form determined by the Chief Recovery Officer; and (b) must not include any identifying information relating to the debtor or alleged offender other than— (i) the actual name and any assumed name; and (ii) the date of birth, of the debtor or alleged offender. (3) However, a notice cannot be published under this section in relation to a debtor or alleged offender if the debtor or alleged offender is— (a) a youth; or (b) subject to a suppression order; or (c) a protected person. (4) The Chief Recovery Officer must remove a notice published under subsection (1) from the website as soon as is reasonably practicable after the debtor or alleged offender has paid in full the monetary amount to which the notice relates. 45—Costs Any costs incurred by the Chief Recovery Officer in relation to the exercise of powers and functions under this Part are added to and form part of the monetary amount owed by the debtor or alleged offender. Division 2—Failure of enforcement process 46—Community service and approved treatment program orders (1) If the Court is satisfied that a debtor or alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy a monetary amount owed by the debtor or alleged offender without the debtor or alleged offender, or the dependants of the debtor or alleged offender, suffering hardship, the Court may, on application by the Chief Recovery Officer, make either or both of the following orders in relation to the debtor or alleged offender: (a) a community service order; (b) an order requiring the debtor or alleged offender to complete an approved treatment program. (2) The Chief Recovery Officer may not make an application to the Court under subsection (1) in relation to a pecuniary sum that comprises or includes an amount of compensation unless the Chief Recovery Officer has given written notification of the Officer's intention to make the application to the person to whom the compensation is payable. (3) If a community service order is made by the Court under this section, the following provisions apply: (a) the number of hours of community service to be performed by the debtor or alleged offender is— (i) if the monetary amount is equal to or less than the prescribed unit—7.5 hours; or (ii) if the monetary amount exceeds the prescribed unit—7.5 hours for each prescribed unit of the monetary amount and for any fraction left after dividing the sum by that unit; (b) the debtor or alleged offender must not, during the period for which the order applies, leave the State for any reason except in accordance with the written permission of the Chief Recovery Officer. (4) The Chief Recovery Officer must give the debtor or alleged offender a notice specifying— (a) the number of hours of community service to be performed in accordance with subsection (3)(a); and (b) the requirement set out in subsection (3)(b); and (c) any other matter prescribed by regulation. (5) The requirements specified in subsection (3) apply and are enforceable as if they were terms of the order under subsection (1). (6) A court may not make an order requiring a debtor or alleged offender to complete an approved treatment program unless the court is satisfied that— (a) the debtor or alleged offender is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (b) the services are available for the debtor or alleged offender at a suitable time and place. (7) Subject to this section, the following provisions of the Sentencing Act 2017 apply to an order for community service under this section as if it were a sentence of community service: (a) section 104; (b) section 105(1)(c) to (l) (inclusive) and (2); (c) section 106; (d) section 107; (e) section 108; (f) section 110; (g) section 111; (h) section 112. (8) Part 6 of the Young Offenders Act 1993 and sections 44 to 46 (inclusive) of the Youth Justice Administration Act 2016 apply, with necessary modifications, in relation to an order under this section made in relation to a youth as if it were an order for community service under the Young Offenders Act 1993. (9) The monetary amount to which a community service order relates is reduced by 1 prescribed unit for each 7.5 hours of community service performed under the order. (10) If, while a community service order is in force, part of the monetary amount to which it relates is paid, the number of hours of community service to be performed under the order will be reduced by a proportionate amount. (11) However, if the Court, on application by the Chief Recovery Officer at any time, is satisfied that a person subject to an order under this section has the means to pay a monetary amount without the person or the person's dependants suffering hardship, the Court may— (a) revoke the order; and (b) order the restoration of the monetary amount in respect of which the order was made (and for the purposes of taking enforcement action against the person, the monetary amount so restored is to be treated as having been imposed on the day on which the Court makes an order under this paragraph). (12) In restoring a monetary amount under subsection (11), the Court must take into account the number of hours of community service (if any) that the person performed, and the time spent by the person in an approved treatment program, under the revoked order. (13) If a debtor or alleged offender complies with an order under this section requiring the completion of an approved treatment program, then the monetary amount outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection. (14) The Court may make appropriate orders for assessment of a debtor or alleged offender to determine— (a) a form of approved treatment program that is appropriate for the debtor or alleged offender; and (b) the eligibility of the debtor or alleged offender for the services included on the program. (15) A certificate apparently signed by— (a) an approved treatment program manager as to— (i) whether the services to be included on an approved treatment program are available for a particular person and, if so, when and where they will be available; or (ii) whether a particular person is eligible for the services to be included on the program; or (b) a case manager as to whether a particular person has complied with conditions regulating the person's participation in an approved treatment program, is admissible as evidence of the matter so certified. 47—Community service and approved treatment program orders may be enforced by imprisonment (1) Subject to this section, an order under section 46 requiring community service or the completion of an approved treatment program is enforceable by imprisonment in default of compliance. (2) The term of imprisonment to be served in default of compliance with an order requiring community service will be— (a) a term calculated on the basis of 1 day for each 7.5 hours of community service remaining to be performed under the order; or (b) 12 months, whichever is the lesser. (3) The term of imprisonment to be served in default of compliance with an order requiring the completion of an approved treatment program will be determined in accordance with the method set out in the regulations. (4) If it appears to the court, by evidence given on oath, that a person has failed to comply with an order requiring performance of community service or the completion of an approved treatment program, the court may— (a) issue a notice requiring the person to appear before the court at the time and place specified in the notice to show cause why a warrant of commitment should not be issued against the person for the default; or (b) issue a warrant for the person's arrest. (5) If a person fails to appear before the court as required by a notice issued under subsection (4), the court may issue a warrant for the person's arrest. (6) If the court is satisfied that the person has failed to comply with the order requiring performance of community service or the completion of an approved treatment program— (a) the court may issue a warrant of commitment for the appropriate term of imprisonment fixed in accordance with subsection (2) or (3) (as appropriate); but (b) if the person is a youth, the court may, instead of taking action under paragraph (a), make an order for home detention for a period fixed on the same basis. (7) The court may, on issuing a warrant under subsection (6), direct that the imprisonment to which the person becomes liable by virtue of the warrant be cumulative on any other term of imprisonment being served, or to be served, by the person. (8) Despite subsection (6), if the court is satisfied that the failure of a person to comply with an order requiring performance of community service or the completion of an approved treatment program was trivial or that there are proper grounds on which the failure should be excused, the court— (a) may refrain from issuing a warrant of commitment; and (b) may— (i) extend the term of the order by such period, not exceeding 6 months, as the court thinks necessary for the purpose of enabling the person to perform the remaining hours of community service (if any) or complete the approved treatment program; or (ii) if the order has expired, impose a further order, for a term not exceeding 6 months, requiring the person to perform the number of hours of community service unperformed under the previous order or complete the approved treatment program; or (iii) in the case of an order requiring performance of community service—cancel the whole or a number of the unperformed hours of community service under the order; or (iv) in the case of an order requiring the completion of an approved treatment program—cancel the requirement for the person to complete any uncompleted part of the program. (9) However, if the court is satisfied that a person who has failed to comply with the order requiring performance of community service or the completion of an approved treatment program has the means to pay a fine without the person or the person's dependants suffering hardship, the court may— (a) revoke the order; and (b) impose a fine not exceeding the maximum fine that may be imposed for the offence in respect of which the order was made (or, if the order was made in respect of more than 1 offence—the total of the maximum fines that may be imposed for the offences). (10) In imposing a fine under subsection (9), the court must take into account (as appropriate)— (a) the number of hours of community service (if any) that the person performed under the revoked order; or (b) the extent (if any) to which the person has participated in the approved treatment program in accordance with the revoked order.