South Australian Current Acts South Australian Current Acts138B—Effect of dishonoured cheques etc on transactions under the Act
(a) an
amount payable to the Registrar under this Act or lawfully collected by
the Registrar on behalf of any other person or body is purportedly paid by the
giving of a cheque or use of a debit card or credit card; and
(b) the
cheque is dishonoured on presentation or the amount is not paid to
the Registrar by the body that issued the card or is required to be repaid by
the Registrar,
the transaction in relation to which the payment was purportedly made will be
taken to be, and to always have been, void and of no effect.
(2) The Registrar may,
in such circumstances as the Registrar thinks fit, by notice given in a manner
and form determined by the Minister to the person who is liable to make the
payment, suspend the operation of subsection (1) for such period as may
be specified in the notice, for the purpose of allowing that person to make
payment in accordance with subsection (3) within that period.
(3) If a person to
whom notice has been given under subsection (2) pays the due amount and
the prescribed charges in the time specified, the transaction will be taken to
be, and to always have been, effective.
(4) Where a
transaction is void by virtue of this section, the Registrar may, by notice
given in a manner and form determined by the Minister to the person who is
liable to make the payment—
(a)
require the person to deliver to the Registrar at a place and within a
reasonable time specified in the notice any licence, permit, certificate,
plate or other document or thing issued or renewed by the Registrar in
consequence of the purported transaction; or
(b)
require the person to deal with any such licence, permit, certificate, plate,
document or thing in the prescribed manner.
(5) A person must
comply with a notice served under subsection (4).
Maximum penalty: $750.
(6) Where, in any
proceedings for an offence against this or any other Act, it is proved that
the defendant has had the benefit of any licence, permit, certificate, plate
or other document or thing issued or renewed pursuant to a transaction that is
void by virtue of this section, the court may, in addition to any penalty,
order the defendant to pay to the Registrar such proportion as the court
thinks appropriate of the sum that the defendant was liable to pay on the
issue or renewal of that licence, permit, certificate, or other document or
thing and the prescribed charges.
(7) Notwithstanding
any other provision of this section, where a transaction is void pursuant to
this section, the Registrar, in such circumstances as the Registrar thinks
fit—
(a) may
accept late payment by the applicant of the due amount and the
prescribed charges and direct that the transaction be taken to have been
effective as from a day specified by the Registrar; or
(b) may
refuse to enter into any further transaction with the applicant, unless the
applicant pays to the Registrar the amount that was payable in respect of the
void transaction, or such proportion of that amount as the Registrar thinks
fit, and the prescribed charges.
(8) In this
section—
"prescribed charges" means—
(a) the
prescribed administration fee; and
(b) any
charges imposed on the Registrar in respect of the dishonoured cheque or debit
card or credit card transaction concerned.