46Warrant of commitment for non-payment of monetary penalty

### 46 Warrant of commitment for non-payment of monetary penalty > [*\[Section 46 Substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja35@GC6@EN) > > > (1)  On application by the Director, MPES for a warrant of commitment against an enforcement debtor for non-payment of a monetary penalty, a magistrate may issue, or decline to issue, the warrant. > > > (2)  If a warrant of commitment is to be issued, it may be issued in chambers *ex parte*. > > > (3)  A warrant of commitment against an enforcement debtor is to be issued for a term of imprisonment calculated in accordance with [section 48](#GS48@EN) . > > > (4)  A decision on whether or not to issue a warrant of commitment is to be made within 28 days after the application is made. > > > (5)  If a magistrate declines to issue a warrant of commitment, he or she is to forward a written report to the Attorney-General detailing the reasons why the warrant was not issued. > > > (6)  A term of imprisonment to which an offender is sentenced under this section is not to be served concurrently with any other term of imprisonment to which the offender has been, or is liable to be, sentenced. > > > (7)  The DCS may execute a warrant of commitment issued under this section.