47Failure of defendant outside jurisdiction to pay monetary penalty

47 Failure of defendant outside jurisdiction to pay monetary penalty

[Section 47 Subsection (7A) inserted by No. 91 of 2001, s. 22, Applied:05 Dec 2001] [Section 47 Subsection (7B) inserted by No. 91 of 2001, s. 22, Applied:05 Dec 2001] [Section 47 Substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008]

(1)  If –

(a) an enforcement debtor is in default in payment of a monetary penalty; and

(b) a magistrate is satisfied that the enforcement debtor is no longer in Tasmania or that the usual place of residence of the enforcement debtor is outside Tasmania –

the magistrate may, on the application of the Director, MPES, issue a warrant of commitment against the enforcement debtor for a term of imprisonment for a period calculated in accordance with section 48 in respect of the outstanding amount of the monetary penalty.

(2)  Section 46(4) , (5) and (6) apply in respect of a warrant of commitment issued under this section.

(3)  Section 26 of the Justices Act 1959 does not apply to the issue of a warrant of commitment under this section.