FINES REFORM ACT 2014 - SECT 237 Section 52 substituted and new section 52A inserted

FINES REFORM ACT 2014 - SECT 237

For section 52 of the Infringements Act 2006 , substitute —

        "     52     Default on a payment plan results in other enforcement action

    (1)     A person defaults in the payment of a payment plan if the enforcement agency does not receive a payment in accordance with that plan within 14 days after the due date of the payment.

    (2)     If the enforcement agency does not receive a payment within the time specified in subsection (1), the enforcement agency must send a written notice to the person to whom the payment plan applies advising the person—

        (a)     that the person is in default; and

        (b)     that within 14 days of the notice, the payment plan is cancelled, unless the overdue payment is received before the expiry of that 14 day period; and

        (c)     on cancellation of the payment plan, the outstanding infringement penalty will be dealt with under this Act or enforced by other enforcement action available under the Fines Reform Act 2014 .

        52A     Enforcement action on default, cancellation or removal if payment is not complete

    (1)     Any remaining outstanding infringement penalty may be enforced by other enforcement action available under this Act or the Fines Reform Act 2014 —

        (a)     on the removal of an infringement penalty from payment plan under section 49(2)(a) by the person to whom the payment plan applies; or

        (b)     on the cancellation of a payment plan under section 49(2)(b) by the person to whom the payment plan applies; or

        (c)     on cancellation of the payment plan under section 52 for default; or

        (d)     if a person does not make the first payment arrangement in accordance with section 48.

    (2)     For the purposes of subsection (1), any enforcement action available is to be taken from the point which the infringement penalty to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment plan was made for that infringement penalty.

Note

Depending on the stage that enforcement had reached before the payment plan was made, a penalty reminder notice may be served, or the infringement penalty may be registered as an infringement fine and a notice of final demand served or any sanction available under the Fines Reform Act 2014 following default may be applied.".