Queensland Numbered Acts

STATE PENALTIES ENFORCEMENT AMENDMENT ACT 2017 - SECT 38

38 Replacement of s 61 (Application of pt 5)

Section 61—
omit, insert—

61 Application of pt 5

(1) This part applies to an enforcement debtor if, after being served with an enforcement order, the debtor—

(a) did not pay SPER the amount stated in the order within 28 days after the date of the order; and

(b) if the order relates to an infringement notice offence—did not elect to have the matter of the offence decided in a Magistrates Court as provided for under section 41; and

(c) is not otherwise discharging the amount stated in the order.

(2) This part starts applying to an enforcement debtor otherwise discharging the amount stated in an enforcement order if—

(a) the debtor is satisfying all or part of the amount by the payment of instalments under a payment plan and the plan is cancelled; or

(b) the debtor is satisfying all or part of the amount by undertaking activities under a work and development order and the order is withdrawn or revoked.

(3) This part also applies to a person served with an early referral notice or a court debt payment notice if, in response to the notice, the person successfully applied for a payment plan to pay the amount stated in the notice and the plan was cancelled.