Northern Territory Numbered Acts

FINES AND PENALTIES (RECOVERY) LEGISLATION AMENDMENT ACT 2024 (NO 23 OF 2024) - SECT 10

Sections 37 and 38

repeal, insert

37     Fines Recovery Unit may make penalty enforcement order

    (1)     The Fines Recovery Unit may make a penalty enforcement order against a person if:

    (a)     an infringement notice has been served on the person in relation to an alleged offence; and

    (b)     a courtesy letter has been served on the person in accordance with section 17; and

    (c)     the due date specified in the courtesy letter has passed or, if an arrangement to allow further time to pay the penalty was entered into under section 12B(2), the arrangement has not been complied with; and

    (d)     the penalty under the infringement notice (including the prescribed costs in relation to the issue of the courtesy letter) has not been paid; and

    (e)     the person has not elected to be dealt with by a court in relation to the matter; and

    (f)     a complaint in relation to the offence has not been filed; and

    (g)     not more than 3 years have passed since the offence is alleged to have been committed.

    (2)     A single penalty enforcement order may be made in relation to outstanding penalties under more than one infringement notice issued to the same person.

    (3)     A penalty enforcement order may be made in the absence of and without prior notice to the person the subject of the order.