South Australian Current Acts

FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation

   PART 2--Chief Recovery Officer

   4.      Chief Recovery Officer
   5.      Delegation
   6.      Certain determinations may be made by automated process
   7.      Annual report

   PART 3--Enforcement of pecuniary sums

           Division 1--Preliminary

   8.      Pecuniary sum is debt
   9.      Amounts due under expiation notices may be treated as part of pecuniary sum
   10.     Enforcement against youths

           Division 2--Payment of pecuniary sums

   11.     Pecuniary sum is payable within 28 days
   12.     Payment of pecuniary sum to Chief Recovery Officer
   13.     Payment by credit card etc
   14.     Amounts unpaid or unrecovered for more than certain period
   15.     Arrangements as to manner and time of payment
   16.     Arrangement or waiver for debtor who has persistently driven unlicensed
   17.     Publication of names of debtors who cannot be found
   18.     Reminder notice
   19.     Enforcement action

   PART 4--Payment of expiation fees

   20.     Arrangements as to manner and time of payment
   21.     Arrangement or waiver for alleged offender who has persistently driven unlicensed
   22.     Enforcement determinations
   23.     Review by Court of refusal to revoke enforcement determination
   24.     Expiation fee is debt
   25.     Enforcement actions by Chief Recovery Officer
   26.     Amounts unpaid or unrecovered for more than certain period
   27.     Writing off bad debts
   28.     Enforcement of expiation notices in other jurisdictions

   PART 5--Investigation powers

   29.     Personal details and investigation of financial position
   30.     Power to require information
   31.     Power to require identification
   32.     Disclosure of information to prescribed interstate authority

   PART 6--Charge on land

   33.     Charge on land

   PART 7--Enforcement

           Division 1--Enforcement action

   34.     Interpretation
   35.     Aggregation of monetary amounts for the purposes of enforcement
   36.     Seizure and sale of assets
   37.     Garnishment
   38.     Suspension of driver's licence
   39.     Restriction on transacting business with Registrar of Motor Vehicles
   40.     Suspension of section 97A of Motor Vehicles Act 1959
   41.     Clamping or impounding of vehicle
   42.     Power to dispose of uncollected seized vehicles
   43.     Seizure of number plates of vehicle
   44.     Publication of names of debtors and alleged offenders subject to enforcement action
   45.     Costs

           Division 2--Failure of enforcement process

   46.     Community service and approved treatment program orders
   47.     Community service and approved treatment program orders may be enforced by imprisonment

   PART 8--Civil debt recovery

           Division 1--Preliminary

   48.     Interpretation

           Division 2--Recovery of civil debt

   49.     Notification of debt
   50.     Application to Court in relation to debt
   51.     Enforcement action
   52.     Internal review of decision to take enforcement action
   53.     Review of decision to take enforcement action
   54.     Effect of review proceedings on decision being reviewed
   55.     Costs
   56.     Interest on debts

           Division 3--Payment arrangements

   57.     Voluntary arrangement as to time and manner of payment

           Division 4--Investigation powers

   58.     Investigation of debtor's financial position
   59.     Power to require information

           Division 5--Enforcement action

              Subdivision 1--Preliminary

   60.     Aggregation of debts for the purposes of enforcement

              Subdivision 2--Action requiring formal determination

   61.     Requirement for payment of instalments etc
   62.     Garnishment
   63.     Seizure and sale of assets
   64.     Charge over land
   65.     Charge over other property

              Subdivision 3--Appointment of receiver

   66.     Appointment of receiver

   PART 9--Authorised officers

   67.     Authorised officers
   68.     Identification of authorised officers
   69.     Hindering authorised officer or assistant

   PART 10--Miscellaneous

   70.     Minister may declare amnesty from payment of costs, fees and charges
   71.     Power of delegation--approved treatment program manager
   72.     Liability
   73.     Chief Recovery Officer may be assisted by others
   74.     Notice of determinations
   75.     Service of notices etc
   76.     Regulations
           SCHEDULE 1--Transitional provisions etc
           Legislative history