Monetary Penalties Enforcement Act 2005
106Enforcement of monetary penalty imposed by reciprocating court
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106 Enforcement of monetary penalty imposed by reciprocating court
(1) This section applies if –
(a) under a conviction or order of a reciprocating court, a monetary penalty is payable by a person having, or appearing to have, property in Tasmania; and
(b) the Director receives a request from the relevant officer of the reciprocating court for the enforcement of the monetary penalty; and
(c) the request is accompanied by –
(i) a copy, certified by the relevant officer to be correct, of the conviction or order, and
(ii) a certificate by the relevant officer stating the amount of the monetary penalty that remains unpaid.
(2) On receipt of the conviction or order by the Director –
(a) the conviction or order is taken to be a monetary penalty to which this Act applies; and
(b) the Director must make an enforcement order under this Act for the purpose of recovering the amount stated as unpaid in the certificate relating to the conviction or order.
(3) If, after the Director receives a request under this section in relation to a monetary penalty payable under a conviction or order of a reciprocating court, the Director receives a notification from the relevant officer of the reciprocating court of payment of an amount in satisfaction of all or part of the amount of the monetary penalty the payment is, for the purposes of enforcement action under this Act, taken to be a payment under an enforcement order made under this Act.
(4) [Section 106 Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] The Director must pay the amount of any fine recovered by the Director under the enforcement order into the Public Account, unless the amount must be dealt with in another way under an agreement between the Minister and the relevant Minister of the other State.
(5) A document that appears to have been signed by the relevant officer of a reciprocating court is taken to have been signed by the relevant officer, unless the contrary is proved.