45Offering proposed payment arrangements

45 Offering proposed payment arrangements (1) The Director, in the Director's discretion, may offer a proposed payment arrangement to a person— (a) who applies under section 42; or (b) in respect of whom a referral is made under section 43. S. 45(2) substituted by No. 59/2017 s. 16. (2) The Director must offer a proposed payment arrangement to a person in accordance with any terms specified by a court in an order— (a) that is an instalment order under section 56 of the **Sentencing Act 1991** in respect of a court fine; or (b) that is a time to pay order under section 59 of the **Sentencing Act 1991** in respect of a court fine; or (c) that is a registered collection and enforcement order in respect of an outstanding court fine that is the subject of an order under section 69G(3) of the **Sentencing Act 1991** that— (i) the outstanding court fine be paid by instalments; or (ii) that the person be allowed time to pay the outstanding court fine. See section 13(4). (3) For the purposes of deciding whether to offer a proposed payment arrangement, the Director may have regard to the applicant's financial circumstances including— (a) any liabilities or financial responsibilities, including any existing payment arrangements the applicant may have; and (b) any dependants the applicant may have. (4) Subject to any order of the court, the Director may offer a proposed payment arrangement to a person subject to any conditions determined by the Director as necessary to ensure efficient and effective compliance with the payment arrangement including conditions in respect of— (a) any up-front payments that must be made under the payment arrangement; and (b) the minimum amount of a payment to be made under the payment arrangement; and (c) the length of the payment arrangement; and (d) any other condition in relation to— (i) the efficient and effective consolidation of infringement fines and court fines into a single payment arrangement; or (ii) the compliance with any court order in relation to a court fine to which the payment arrangement applies. (5) A person may reject an offer of a proposed payment arrangement made by the Director under subsection (1) by notification to the Director. (6) If a person rejects an offer under subsection (5), the person may request the Director to offer a proposed payment arrangement on different terms and conditions to the original offer. (7) On receipt of a request under subsection (6), the Director may— (a) offer a proposed payment arrangement on any terms and conditions the Director thinks fit; or (b) refuse to offer another proposed payment arrangement. (8) Subsections (5) to (7) do not apply to a proposed payment arrangement referred to in subsection (2). See section 47 for commencement of payment arrangements.