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.