South Australian Current Acts

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FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 - SECT 39

39—Restriction on transacting business with Registrar of Motor Vehicles

        (1)         The Chief Recovery Officer may, by written determination, impose a prohibition on a debtor or alleged offender transacting any business with the Registrar of Motor Vehicles.

        (2)         The Chief Recovery Officer must—

            (a)         cause notice of the written determination under subsection (1) to be given to the debtor or alleged offender; and

            (b)         notify the Registrar of Motor Vehicles of the determination.

        (3)         A prohibition under this section—

            (a)         takes effect on the Registrar of Motor Vehicles being notified under subsection (2); and

            (b)         may be cancelled by the Chief Recovery Officer by written determination (provided that the Chief Recovery Officer must make such a written determination if all monetary amounts owed by the debtor or alleged offender are paid in full).

        (4)         If the Chief Recovery Officer makes a determination under subsection (3)(b)—

            (a)         the Chief Recovery Officer must notify the Registrar of Motor Vehicles of the determination; and

            (b)         the prohibition continues in operation until the Registrar of Motor Vehicles is so notified.

        (5)         The effect of a prohibition under this section is that, while the prohibition continues in operation, the Registrar of Motor Vehicles will not process any application made by or on behalf of the debtor or alleged offender, whether the application was made before or after the prohibition took effect.

        (6)         However, subsection (5) does not apply in relation to an application to transfer the registration of a vehicle of which the debtor or alleged offender is a registered owner—

            (a)         to a person who is not a joint registered owner of the vehicle; or

            (b)         to a person where the transfer has been ordered by a court.

        (7)         If the Chief Recovery Officer makes a determination under this section, a fee of the prescribed amount is added to and forms part of the monetary amount owed by the debtor or alleged offender.



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