QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.108PWhen immobilising device may be removed before end of immobilisation period
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### sec.108P When immobilising device may be removed before end of immobilisation period
The registrar must direct an enforcement officer to remove the immobilising device and immobilisation notice as soon as practicable if, before the end of the immobilisation period, the registrar is satisfied that—
the enforcement debtor has paid SPER the enforceable amount of the debtor’s SPER debt or the debtor is otherwise discharging the amount; or
the immobilised vehicle is impeding the use of a place or the road network or is a risk to safety.
The registrar may also direct an enforcement officer to remove the immobilising device and immobilisation notice as soon as practicable if, before the end of the immobilisation period, the registrar is satisfied that if the immobilising device is not removed before the end of the immobilisation period, severe or unusual hardship would be caused to—
the enforcement debtor or 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.
s 108P ins 2009 No. 48 s 13
amd 2017 No. 13 s 60
(sec.108P-ssec.1) The registrar must direct an enforcement officer to remove the immobilising device and immobilisation notice as soon as practicable if, before the end of the immobilisation period, the registrar is satisfied that— the enforcement debtor has paid SPER the enforceable amount of the debtor’s SPER debt or the debtor is otherwise discharging the amount; or the immobilised vehicle is impeding the use of a place or the road network or is a risk to safety.
(sec.108P-ssec.2) The registrar may also direct an enforcement officer to remove the immobilising device and immobilisation notice as soon as practicable if, before the end of the immobilisation period, the registrar is satisfied that if the immobilising device is not removed before the end of the immobilisation period, severe or unusual hardship would be caused to— the enforcement debtor or 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) the enforcement debtor has paid SPER the enforceable amount of the debtor’s SPER debt or the debtor is otherwise discharging the amount; or
- (b) the immobilised vehicle is impeding the use of a place or the road network or is a risk to safety.
- (a) the enforcement debtor or the enforcement debtor’s family; or
- (b) another person who uses the vehicle but has no capacity to ensure the enforcement debtor pays the amount owing.