South Australian Numbered Acts

FINES ENFORCEMENT AND DEBT RECOVERY ACT 2017 (NO 71 OF 2017) - SECT 21

21—Arrangement or waiver for alleged offender who has persistently driven unlicensed

        (1)         Subject to subsection (2), if the Chief Recovery Officer is satisfied, on application by an alleged offender, that—

            (a)         the amount due under an expiation notice given to the alleged offender is attributable, at least in part, to the alleged offender having been alleged to have committed an offence against section 74 of the Motor Vehicles Act 1959 ; and

            (b)         the alleged offender has been found guilty of, or has expiated, an offence against that section on more than 2 occasions; and

            (c)         the alleged offender has not, since the commission of the alleged offence, been charged with, or been alleged to have committed, a further offence against that section; and

            (d)         the alleged offender has, since the commission of the alleged offence, obtained a driver's licence,

the Chief Recovery Officer may determine to—

            (e)         enter into an arrangement with the alleged offender of a kind set out in section 20; or

            (f)         waive payment of the amount due or any part of the amount due.

        (2)         The Chief Recovery Officer may not make a determination under this section in relation to an alleged offender if a determination has previously been made under this section or section 16 in relation to the alleged offender.

        (3)         This Part applies to an arrangement entered into under subsection (1)(e) as if the arrangement were an arrangement under section 20.