South Australian Current Acts

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FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 - SECT 40

40—Suspension of section 97A of " " Motor Vehicles Act 1959

        (1)         The Chief Recovery Officer may, by written determination, suspend the operation of section 97A of the Motor Vehicles Act 1959 insofar as it applies to a debtor or alleged offender specified in the notice.

        (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 and the Commissioner of Police of the determination.

        (3)         Suspension of the operation of section 97A of the Motor Vehicles Act 1959 under this section—

            (a)         takes effect 14 days from (and including) the day on which notice of the determination under subsection (1) was given to the debtor or alleged offender; 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 and the Commissioner of Police of the determination; and

            (b)         the suspension under this section continues in operation until the Registrar of Motor Vehicles is so notified.

        (5)         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.

        (6)         The Chief Recovery Officer must notify prescribed officers of other States and Territories of determinations made under this section.



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