Div 2Payment of pecuniary sums

Division 2—Payment of pecuniary sums 11—Pecuniary sum is payable within 28 days Subject to any arrangement under section 15, a pecuniary sum is payable within 28 days from (and including)— (a) in the case of a pecuniary sum imposed by order of a court—the day on which the order was made; and (b) in the case of a VIC levy imposed on a person on conviction of an offence—the day on which the person was sentenced for the offence. 12—Payment of pecuniary sum to Chief Recovery Officer (1) A pecuniary sum is payable (despite the fact that the order is in favour of some person)— (a) to the Chief Recovery Officer; or (b) to an agent appointed by the Chief Recovery Officer for the purpose. (2) On receipt of the whole or part of a pecuniary sum, the Chief Recovery Officer must pay the amount received as follows: (a) firstly, if the sentencing court has ordered the defendant to pay any amount by way of compensation or restitution to a particular person, then to that person in satisfaction of that amount; (b) secondly, if a VIC levy is payable by the defendant, then into the Victims of Crime Fund in satisfaction of that levy; (c) thirdly, if any costs are payable to a party to the proceedings, then in satisfaction of those costs; (d) fourthly, if any other money is payable under the order of the court to the informant, then to the informant; (e) fifthly, according to the directions of any other Act or, if no other Act contains directions as to payment, then to Treasury. (3) Unless the Chief Recovery Officer determines otherwise, if more than 1 pecuniary sum is payable by a debtor, an amount paid in accordance with subsection (2) is to be taken to have been deducted from the pecuniary sum that the debtor was first ordered to pay and then, if necessary, from the pecuniary sum that the debtor was next ordered to pay, and so on so that deductions are taken to be made from each successive pecuniary sum in chronological order. 13—Payment by credit card etc A pecuniary sum may be paid by using a credit card, charge card or debit card if facilities for their use are available in relation to the payment to be made. 14—Amounts unpaid or unrecovered for more than certain period (1) Subject to subsection (2), if a part of a pecuniary sum imposed by order of a court remains— (a) unpaid by the debtor under this Division; or (b) unrecovered from the debtor under Part 7, on the expiration of the 28 day period referred to in section 11, the following provisions apply: (c) the prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor; (d) if a part of the pecuniary sum remains unpaid or unrecovered on the expiration of the 30 day period commencing immediately after that 28 day period, a further prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor. (2) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the whole or any part of an amount payable by a debtor in accordance with this section. (3) In this section— prescribed amount means an amount prescribed by, or calculated in accordance with, the regulations. 15—Arrangements as to manner and time of payment (1) Subject to this section, a debtor who pays, or who agrees to pay, to the Chief Recovery Officer the prescribed fee— (a) may, at any time during the 28 day period referred to in section 11, enter into an arrangement with the Chief Recovery Officer for payment of a pecuniary sum by instalments over a period determined by the Chief Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into); or (b) if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to a pecuniary sum in accordance with subsection (5). (2) Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the debtor before the debtor enters into the arrangement, the fee is to be added to, and forms part of, the pecuniary sum payable by the debtor. (3) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the fee prescribed under subsection (1). (4) An arrangement for payment by instalments referred to in subsection (1)(a) must provide for instalments to be paid to the Chief Recovery Officer by direct debits by or through some other person or agency (eg deductions from an ADI account or wages). (5) Other kinds of arrangements under this section may consist of or include— (a) payment by instalments (including instalments paid over a period exceeding 12 months); and (b) an extension of time to pay; and (c) the taking of a charge over land; and (d) the surrender of property to the Chief Recovery Officer; and (e) payment of any amount, including by direct credit, by or through some other person or agency (eg deductions from an ADI account or wages); and (f) subject to subsection (6)—requirements for the performance of community service by the debtor (in accordance with a scheme prescribed by the regulations); and (g) subject to subsection (7)—an arrangement for the debtor to complete an approved treatment program; and (h) any other form of arrangement agreed by the Chief Recovery Officer and the debtor. (6) The Chief Recovery Officer may only agree to an arrangement requiring the performance of community service if the Chief Recovery Officer is satisfied that the debtor does not have, and is not likely within a reasonable time to have, the means to pay the pecuniary sum without the debtor or the debtor's dependants suffering hardship. (7) The Chief Recovery Officer must not enter into an arrangement requiring a debtor to complete an approved treatment program unless the Officer is satisfied that— (a) the debtor does not have, and is not likely within a reasonable time to have, the means to pay the pecuniary sum without the debtor or the debtor's dependants suffering hardship; and (b) the debtor is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (c) the services are available for the debtor at a suitable time and place. (8) If— (a) a debtor has previously been subject to enforcement action under— (i) this Part (whether in relation to the same, or a different, pecuniary sum); or (ii) Part 4; or (iii) Part 8; or (iv) Part 9 Division 3 of the repealed Criminal Law (Sentencing) Act 1988; or (v) the Expiation of Offences Act 1996; or (b) a debtor is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or (c) a debtor is of a class prescribed by the regulations, (d) refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the debtor; or (e) require the debtor to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the debtor from any Commonwealth, State or Local Government agency, any ADI or an employer of the debtor; or (f) require the debtor to provide security or obtain guarantees (as the Chief Recovery Officer thinks fit). (9) An arrangement under this section may be varied by agreement between the debtor and the Chief Recovery Officer. (10) If the Chief Recovery Officer is satisfied that a debtor who has entered into an arrangement under this section has the capacity to pay any outstanding amount of the pecuniary sum without the debtor or the debtor's dependants suffering hardship, the Officer may, by notice in writing given to the debtor, terminate the arrangement. (11) For the purposes of entering into, or varying, an arrangement, any number of pecuniary sums payable by the debtor may be aggregated. (12) If a debtor complies with an arrangement under this section requiring the performance of community service, the amount of the pecuniary sum outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection. (13) If the Chief Recovery Officer is satisfied that a debtor has completed, or substantially completed, an approved treatment program pursuant to an arrangement under this section, the Officer must waive payment of the whole or part of the amount payable by the debtor in accordance with the arrangement. (14) If an arrangement is entered into or varied under this section, the Chief Recovery Officer must give notice of the arrangement or varied arrangement (as the case requires) to the debtor. (15) If a debtor fails to comply with an arrangement under this section and the failure has endured for 28 days, the arrangement terminates. (16) However, an arrangement that has terminated under subsection (15) may, not more than 14 days after the day on which it terminated, be reinstated by the Chief Recovery Officer. (17) If an arrangement is reinstated by the Chief Recovery Officer— (b) the provisions of this section apply to the reinstated arrangement as if it had not terminated. 16—Arrangement or waiver for debtor who has persistently driven unlicensed (1) Subject to subsection (2), if the Chief Recovery Officer is satisfied, on application by a debtor, that— (a) the pecuniary sum payable by the debtor is attributable, at least in part, to the debtor having been found guilty of an offence against section 74 of the Motor Vehicles Act 1959; and (b) the debtor has been found guilty of, or has expiated, an offence against that section on more than 2 occasions; and (c) the debtor has not, since the commission of the offence, been charged with, or been alleged to have committed, a further offence against that section; and (d) the debtor has, since the commission of the offence, obtained a driver's licence, the Chief Recovery Officer may determine to— (e) enter into an arrangement with the debtor of a kind set out in section 15; or (f) waive payment of the pecuniary sum or any part of the pecuniary sum. (2) The Chief Recovery Officer may not make a determination under this section in relation to a debtor if a determination has previously been made under this section or section 21 in relation to the debtor. (3) This Division applies to an arrangement entered into under subsection (1)(e) as if the arrangement were an arrangement under section 15. 17—Publication of names of debtors who cannot be found (1) If the whereabouts of a debtor cannot, after reasonable enquiries, be ascertained, 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, seeking information as to the debtor's whereabouts. (2) A notice under subsection (1)— (a) must be in a form determined by the Chief Recovery Officer; and (b) must not include any information relating to the debtor other than the debtor's— (i) actual name and any assumed name; and (ii) last known and former addresses; and (iii) date of birth. (3) However, a notice cannot be published under this section in relation to a debtor if the debtor is— (a) a youth; or (b) subject to a suppression order; or (c) a protected person. 18—Reminder notice (1) If, at the end of the 28 day period from the making of an order imposing a pecuniary sum, the debtor has not paid the pecuniary sum or entered into an arrangement under this Division in respect of the sum, the Chief Recovery Officer must cause a reminder notice to be given to the debtor. (2) A reminder notice must— (a) be in a form determined by the Chief Recovery Officer; and (b) contain information as to the enforcement action that can be taken against the debtor in the event of continued default. (3) Subject to subsection (4), a prescribed reminder notice fee will be added to and form part of the pecuniary sum in respect of which the notice is issued. (4) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of a reminder notice fee. 19—Enforcement action (1) If— (a) a debtor has not, within 14 days of (and including) the date on which a reminder notice relating to a pecuniary sum was given to the debtor in accordance with section 18, paid the sum or entered into an arrangement under section 15 in respect of the sum; or (b) an arrangement under section 15 has terminated, (c) determine, at any time, in the Officer's absolute discretion, to do any of the following: (i) enter into an arrangement, or further arrangement, with the debtor under section 15(1)(b); (ii) exercise any 1 or more of the powers under Part 7; (iii) waive payment of the pecuniary sum or any part of the pecuniary sum; or (d) write off the pecuniary sum— (i) if the Officer has no reasonable prospect of recovering the sum; or (ii) if the costs of recovery are likely to equal or exceed the amount to be recovered. (2) If the Chief Recovery Officer determines to waive payment of any part of a pecuniary sum that includes an amount of compensation, the Chief Recovery Officer must take reasonable action to notify the person to whom the compensation is payable and that person may then recover the amount of the compensation as a debt from the debtor. (3) The writing off of a pecuniary sum does not affect the liability of the debtor to pay the sum or the power of the Chief Recovery Officer to recover it.