QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.108DIssue and service of immobilisation warrant
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### sec.108D Issue and service of immobilisation warrant
The registrar may issue a warrant (an immobilisation warrant ), in the approved form, to immobilise 1 or more vehicles of an enforcement debtor if, within 14 days after the registrar serves on the debtor a notice of intention to issue an immobilisation warrant—
the debtor does not pay SPER the enforceable amount of the debtor’s SPER debt; and
the debtor is not otherwise discharging the enforceable amount of the debtor’s SPER debt.
In deciding whether to issue an immobilisation warrant for a vehicle, the registrar may have regard to whether immobilising the vehicle would cause severe or unusual hardship to the enforcement debtor, the enforcement debtor’s family or another person who uses the vehicle but has no capacity to ensure the enforcement debtor pays the amount owing.
A copy of the immobilisation warrant must be served on the enforcement debtor as soon as practicable after it is issued.
s 108D ins 2009 No. 48 s 13
amd 2017 No. 13 s 54
(sec.108D-ssec.1) The registrar may issue a warrant (an immobilisation warrant ), in the approved form, to immobilise 1 or more vehicles of an enforcement debtor if, within 14 days after the registrar serves on the debtor a notice of intention to issue an immobilisation warrant— the debtor does not pay SPER the enforceable amount of the debtor’s SPER debt; and the debtor is not otherwise discharging the enforceable amount of the debtor’s SPER debt.
(sec.108D-ssec.2) In deciding whether to issue an immobilisation warrant for a vehicle, the registrar may have regard to whether immobilising the vehicle would cause severe or unusual hardship to the enforcement debtor, the enforcement debtor’s family or another person who uses the vehicle but has no capacity to ensure the enforcement debtor pays the amount owing.
(sec.108D-ssec.3) A copy of the immobilisation warrant must be served on the enforcement debtor as soon as practicable after it is issued.
- (a) the debtor does not pay SPER the enforceable amount of the debtor’s SPER debt; and
- (b) the debtor is not otherwise discharging the enforceable amount of the debtor’s SPER debt.