Monetary Penalties Enforcement Act 2005
109Amount may be deemed to be uncollectable
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109 Amount may be deemed to be uncollectable
(1) The Director may, in accordance with this Division, deem any monetary penalty owed by an enforcement debtor under this Act to be uncollectable in full or in part and remove the amount from any record of monies owing to the Director.
(2) The maximum amount which may be deemed uncollectable by the Director for a single monetary penalty is the prescribed amount.
(2A) [Section 109 Subsection (2A) inserted by No. 4 of 2011, s. 27, Applied:01 Jun 2011] If an enforcement debtor has become a bankrupt, within the meaning of the Bankruptcy Act 1966 of the Commonwealth, and the amount of his or her monetary penalty is provable in bankruptcy under that Act, the Director may deem that amount uncollectable despite subsection (2) .
(3) The Director may deem a monetary penalty to be uncollectable if satisfied that an enforcement debtor –
(a) does not have, and is unlikely within the foreseeable future to have, the means to pay the penalty; and
(b) does not have, and is unlikely within the foreseeable future to have, sufficient property or any land in respect of which civil enforcement can be effected; and
(c) is deemed not suitable to undertake work under an MPCSO.
(4) The Director may deem a monetary penalty to be uncollectable in any prescribed circumstances.
(5) [Section 109 Subsection (5) amended by No. 2 of 2017, s. 13, Applied:31 Mar 2017] If the Director deems an amount to be uncollectable under this section, it does not affect any non-monetary penalty imposed for the same offence and does not annul any conviction for or finding of guilt in respect of, or delete any record of, the offence.
(6) If the Director deems an amount to be uncollectable under this section this does not affect the ability of a plaintiff to pursue the matter through the Civil Division of the Magistrates Court or the Supreme Court.
(7) The Minister may give the Director directions with respect to the exercise of his or her discretion under this section.