Tasmanian Numbered Acts

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MONETARY PENALTIES ENFORCEMENT (MISCELLANEOUS AMENDMENTS) ACT 2011 (NO. 4 OF 2011) - SECT 11

Section 27 amended (Application to Director for variation of payment conditions)
Section 27 of the Principal Act is amended as follows:
(a) by inserting in subsection (5) "take any, or any further, action to" after "not to" ;
(b) by inserting the following subsections after subsection (5) :
(5A)  If, after an administrative sanction under Part 6 has been imposed on a person, a variation of payment conditions notice is issued to that person –
(a) that sanction remains in effect after the issue of that notice until the Director determines that he or she is satisfied that the person is, and is likely to continue, complying with that notice; and
(b) on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice –
(i) the sanction is revoked; and
(ii) the Director is to give written notice of the revocation of the sanction to the person and, if appropriate, the Registrar; and
(c) if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice –
(i) the sanction is revived; and
(ii) the Director is to give written notice of the revival of the sanction to the person and, if appropriate, the Registrar.
(5B)  If, after a civil sanction under Division 2 or 3 of Part 7 has been imposed on a person, a variation of payment conditions notice is issued to that person –
(a) that sanction remains in effect after the issue of that notice; but
(b) on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice, no action or further action is to be taken to enforce that sanction; but
(c) if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice, action or further action may be taken to enforce that sanction.
(5C)  If –
(a) a redirection of money owing order has been issued in respect of an enforcement debtor; and
(b) an application for a variation of payment conditions notice is then made under this section –
that application is taken to include an application under section 85 to cancel or vary, as appropriate, the redirection of money owing order.



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