8Circumstances in which monetary penalty may be deemed uncollectable

8 Circumstances in which monetary penalty may be deemed uncollectable

For the purposes of section 109(4) of the Act, the following are circumstances in which the Director may deem a monetary penalty to be uncollectable:

(a) where a fine imposed prior to the commencement of the Act is subject to conditions stipulating when payment, or a payment instalment, is due and the Director is unable to ascertain if the conditions have been met;

(b) where the Director is satisfied that the whereabouts of the offender or enforcement debtor are unknown and cannot be discovered by reasonable inquiry;

(c) where sufficient information to enable the positive identification of the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;

(d) where a current residential or business address for the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;

(e) where the offender or enforcement debtor is deceased;

(f) where the offender or enforcement debtor is a corporation that is being, or has been, liquidated;

(g) where the offender or enforcement debtor resides outside Australia and has no identifiable assets in Australia;

(h) where the amount of the outstanding monetary penalty is less than $10 and the cost of enforcing payment is likely to be more than $10;

(i) where, because of the length of time since the monetary penalty was incurred or other similar circumstances, the Director is satisfied that the monetary penalty may have been paid, or for other reasons should not be enforced.