40Payment of prescribed administrative amount

40 Payment of prescribed administrative amount

(1) Subject to subsection (2), if a charge against a person for an offence against section 32(1) is found proven, whether or not a conviction is recorded or a penalty imposed for that offence, the court must make an order requiring the person to pay to the relevant West Gate Tunnel Corporation an amount that is the prescribed administrative amount, if any.

(2) The court is not required to make an order under subsection (1) if having regard to the prescribed criteria (if any), the court is satisfied—

(a) that the person is experiencing acute financial hardship; or

(b) that special circumstances apply to the person.

(3) An amount required to be paid under an order made under subsection (1) must be taken to be a judgment debt due by the person to the relevant West Gate Tunnel Corporation and payment of any amount remaining unpaid under the order is to be enforceable in the court by which it was made.