South Australian Current Acts

FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 - SECT 20

20—Arrangements as to manner and time of payment

        (1)         Subject to this section, an alleged offender who has been given an expiation notice and who pays to the Chief Recovery Officer the prescribed fee—

            (a)         may, at any time during the expiation period, enter into an arrangement with the Chief Recovery Officer for payment of the amount due under the notice by direct debit instalments in accordance with subsection (5); or

            (b)         if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to the amount due under the notice in accordance with subsection (6).

        (2)         Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the alleged offender before the alleged offender enters into the arrangement, the fee is to be added to, and forms part of, the unpaid expiation fee.

        (3)         The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the fee prescribed under subsection (1).

        (4)         The Chief Recovery Officer must give the issuing authority notice (in a manner agreed between the Chief Recovery Officer and the issuing authority) of any arrangement entered into under this section.

        (5)         An arrangement for payment by instalments referred to in subsection (1)(a)—

            (a)         may not be entered into after an enforcement determination has been made under section 22 in respect of the expiation notice; and

            (b)         must provide for instalments to be paid to the Chief Recovery Officer by direct debits by or through some other person or agency (eg deductions from an ADI account or wages); and

            (c)         must require payment in full within a period determined by the Chief Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into).

        (6)         Other kinds of arrangements referred to in subsection (1)(b) may consist of or include—

            (a)         payment by instalments (including instalments paid over a period exceeding 12 months); and

            (b)         an extension of time to pay; and

            (c)         the taking of a charge over land; and

            (d)         the surrender of property to the Chief Recovery Officer; and

            (e)         payment of any amount, including by direct credit, by or through some other person or agency (eg deductions from an ADI account or wages); and

            (f)         subject to subsection (7)—requirements for the performance of community service by the alleged offender (in accordance with a scheme prescribed by the regulations); and

            (g)         subject to subsection (8)—an arrangement for the alleged offender to complete an approved treatment program; and

            (h)         any other form of arrangement agreed by the Chief Recovery Officer and the alleged offender.

        (7)         The Chief Recovery Officer may only agree to an arrangement requiring the performance of community service if—

            (a)         the Chief Recovery Officer is satisfied that the alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy the amount due under an expiation notice without the alleged offender or the alleged offender's dependants suffering hardship; and

            (b)         an enforcement determination has been made by the Chief Recovery Officer under section 22 in relation to the expiation notice.

        (8)         The Chief Recovery Officer must not enter into an arrangement requiring an alleged offender to complete an approved treatment program unless the Officer is satisfied that—

            (a)         the alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy the amount due under an expiation notice without the alleged offender or the alleged offender's dependants suffering hardship; and

            (b)         the alleged offender is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and

            (c)         the services are available for the alleged offender at a suitable time and place.

        (9)         If—

            (a)         an alleged offender has previously been subject to enforcement action under—

                  (i)         this Part (whether in relation to the same, or a different, expiation notice); or

                  (ii)         Part 3; or

                  (iii)         Part 8; or

                  (iv)         the Expiation of Offences Act 1996 ; or

                  (v)         Part 9 Division 3 Subdivision 4 of the repealed Criminal Law (Sentencing) Act 1988 ; or

            (b)         an alleged offender is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or

            (c)         an alleged offender is of a class prescribed by the regulations,

the Chief Recovery Officer may—

            (d)         refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the alleged offender; or

            (e)         require the alleged offender to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the alleged offender from any Commonwealth, State or Local Government agency, any ADI or an employer of the alleged offender; or

            (f)         require the alleged offender to provide security or obtain guarantees (as the Chief Recovery Officer thinks fit).

        (10)         An arrangement under this section may be varied by agreement between the alleged offender and the Chief Recovery Officer.

        (11)         If an arrangement is entered into or varied under this section, the Chief Recovery Officer must give notice of the arrangement or varied arrangement (as the case requires) to the alleged offender.

        (12)         For the purposes of entering into, or varying, an arrangement, any number of amounts due under expiation notices given to the alleged offender may be aggregated.

        (13)         If an alleged offender complies with an arrangement under this section requiring the performance of community service, the amount outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection.

        (14)         If the Chief Recovery Officer is satisfied that an alleged offender has completed, or substantially completed, an approved treatment program pursuant to an arrangement under this section, the Officer must waive payment of the whole or part of the amount outstanding in accordance with the arrangement.

        (15)         If an alleged offender fails to comply with an arrangement under this section and the failure has endured for 28 days, the arrangement terminates.

        (16)         However, an arrangement that has terminated under subsection (15) may, not more than 14 days after the day on which it terminated, be reinstated by the Chief Recovery Officer.

        (17)         If the Chief Recovery Officer is satisfied that an alleged offender who has entered into an arrangement under this section has the means to satisfy an enforcement amount without the alleged offender or the alleged offender's dependants suffering hardship, the Officer may, by notice in writing given to the alleged offender, terminate the arrangement.

        (18)         If an arrangement terminates under subsection (15) or (17), the Chief Recovery Officer must give the issuing authority notice (in a manner agreed between the Chief Recovery Officer and the issuing authority) of the termination and the amount then outstanding (taking into account, where the arrangement required the performance of community service, the number of hours of community service so performed).

        (19)         If an arrangement is reinstated by the Chief Recovery Officer—

            (a)         the arrangement as reinstated commences on a day specified by the Officer; and

            (b)         the provisions of this section apply to the reinstated arrangement as if it had not terminated; and

            (c)         notice of the reinstated arrangement must be given by the Officer to the issuing authority.

        (20)         If an alleged offender complies with an arrangement under this section or pays to the Chief Recovery Officer, at any time, the amount then outstanding, the arrangement is discharged.

        (21)         Subject to the regulations, an alleged offender who enters into an arrangement under this section will, for the purposes of any other Act or law, be taken to expiate the offence or offences to which the arrangement relates on the day on which the arrangement is entered into (unless the alleged offender is already taken to have expiated the offence in accordance with section 9 or 22) regardless of whether the arrangement is subsequently discharged or terminates before being discharged.