Monetary Penalties Enforcement Act 2005
68Enforcement warrant imposing charge on registered land
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68 Enforcement warrant imposing charge on registered land
[Section 68 Substituted by No. 4 of 2011, s. 24, Applied:01 Jun 2011]
(1) If an enforcement debtor has unpaid monetary penalties totalling more than $1 000, the Director may issue an enforcement warrant imposing a charge on any land of which the enforcement debtor is a registered proprietor.
(2) Before issuing an enforcement warrant under subsection (1) in respect of any land, the Director is to serve on the enforcement debtor, and all other registered proprietors of the land, written notice that unless the debt is discharged within the time specified in the notice an enforcement warrant will be issued, without further notice.
(3) Notice under subsection (2) is to –
(a) specify a period of time, being at least 10 days, within which the enforcement debtor may discharge the debt and avoid the issue of the enforcement warrant; and
(b) inform the enforcement debtor, and any other registered proprietor of the specified land, that an enforcement warrant issued under this Act will be registered under the Land Titles Act 1980 as a charge against that land; and
(c) inform the recipients –
(i) that it is an offence under section 72 of this Act, punishable by a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, for them to sell, transfer or otherwise deal with, or attempt to sell, transfer or otherwise deal with, the land; and
(ii) that in addition to prosecution for an offence under this Act the enforcement debtor remains liable for any unpaid monetary penalty.
(4) An enforcement warrant is to be in an approved form.
(5) On issuing an enforcement warrant, the Director is to serve it on the enforcement debtor.
(6) The Director may lodge a priority notice under the Land Titles Act 1980 in respect of land of which the enforcement debtor is a registered proprietor and, for the purposes of of that Act, the Director is taken to be a person entitled to deal with the land.