118Change of address to be notified

118 Change of address to be notified

(1)  An offender who applies for a variation of payment conditions or the withdrawal of an infringement notice must –

(a) at the time of making the application, provide to the person to whom the application is made his or her current address for service of documents; and

(b) until such time as the monetary penalty has been withdrawn or paid, notify the person to whom the application is made of any change in that address.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person who elects to have an offence decided by a court must, at the time of so electing –

(a) provide his or her current address for service of documents; and

(b) notify the court of any change in that address.

Penalty:  Fine not exceeding 10 penalty units.

(3)  An enforcement debtor who has been served with an enforcement order must –

(a) inform the Director if the address shown on the enforcement order is incorrect; and

(b) provide the Director with a current address; and

(c) until such time as the monetary penalty has been withdrawn or paid, notify the Director of any change in that address.

Penalty:  Fine not exceeding 10 penalty units.

(4)  It is a defence to a prosecution under subsection (3) for the enforcement debtor to satisfy the magistrate on the balance of probabilities that he or she did not receive the enforcement order.

(5)  Where the enforcement debtor is a corporation within the meaning of the Corporations Act 2001 of the Commonwealth, the Director is entitled to recover from that corporation the costs of any search fees incurred in ascertaining the current correct address of the corporation.

Penalty:  Fine not exceeding 10 penalty units.

(6)  In addition to any fine payable under this section, the court may order a person to pay the Director for expenses reasonably incurred in ascertaining the person's correct address.