South Australian Current Acts

FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 - SECT 16

16—Arrangement or waiver for debtor who has persistently driven unlicensed

        (1)         Subject to subsection (2), if the Chief Recovery Officer is satisfied, on application by a debtor, that—

            (a)         the pecuniary sum payable by the debtor is attributable, at least in part, to the debtor having been found guilty of an offence against section 74 of the Motor Vehicles Act 1959 ; and

            (b)         the debtor has been found guilty of, or has expiated, an offence against that section on more than 2 occasions; and

            (c)         the debtor has not, since the commission of the offence, been charged with, or been alleged to have committed, a further offence against that section; and

            (d)         the debtor has, since the commission of the offence, obtained a driver's licence,

the Chief Recovery Officer may determine to—

            (e)         enter into an arrangement with the debtor of a kind set out in section 15; or

            (f)         waive payment of the pecuniary sum or any part of the pecuniary sum.

        (2)         The Chief Recovery Officer may not make a determination under this section in relation to a debtor if a determination has previously been made under this section or section 21 in relation to the debtor.

        (3)         This Division applies to an arrangement entered into under subsection (1)(e) as if the arrangement were an arrangement under section 15.