27Application to Director for variation of payment conditions

27 Application to Director for variation of payment conditions

(1)  An offender may apply to the Director for a variation of payment conditions.

(2)  An application –

(a) [Section 27 Subsection (2) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] [Section 27 Subsection (2) amended by No. 5 of 2023, s. 16, Applied:13 Jun 2023] is to be in a manner approved by the Director; and

(b) [Section 27 Subsection (2) amended by No. 20 of 2013, s. 60, Applied:20 Jun 2013] may include representations from the applicant in respect of his or her ability to pay the monetary penalty; and

(c) subject to section 29 , may include an application for an order converting an unpaid monetary penalty to a period of unpaid community service.

(3)  The Director is to take the applicant’s representations into account before determining the period within which the amount is to be paid.

(4)  If the Director approves an application for a variation of payment conditions, other than an application for an MPCSO, the Director is to give the offender a variation of payment conditions notice.

(5)  [Section 27 Subsection (5) amended by No. 4 of 2011, s. 11, Applied:01 Jun 2011] On the issue of a variation of payment conditions notice, the Director is not to take any, or any further, action to enforce payment of any monetary penalty which is the subject of the notice whilst the person to whom the notice has been issued is paying in accordance with that notice.

(5A)  [Section 27 Subsection (5A) inserted by No. 4 of 2011, s. 11, Applied:01 Jun 2011] If, after an administrative sanction under Part 6 has been imposed on a person, a variation of payment conditions notice is issued to that person –

(a) that sanction remains in effect after the issue of that notice until the Director determines that he or she is satisfied that the person is, and is likely to continue, complying with that notice; and