STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 136 Instalment payment notice

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 136

136 Instalment payment notice

(1) A notice of registration of instalment payments (
"instalment payment notice" ) must be in the approved form and state the following—

(a) the full name and address of the person liable to pay the instalments;

(b) the offence;

(c) the unpaid amount;

(d) the amount to be paid for each instalment;

(e) when each instalment must be paid and how it is to be paid;

(f) if the person has an unpaid amount under an instalment payment notice (an
"earlier instalment payment notice" ) given to the person earlier—

(i) the offence to which the earlier instalment payment notice related; and

(ii) the unpaid amount under the earlier instalment payment notice; and

(iii) that the amount to be paid for each instalment under this instalment payment notice (the
"current instalment payment notice" ) includes an amount paid to satisfy the earlier instalment payment notice; and

(iv) that the requirement to pay instalments under the earlier instalment payment notice ends on the giving of the current instalment payment notice to the person;

(g) if instalment payments are not made as required, the registrar may cancel the instalment payment notice without further notice;

(h) if the instalment payment notice is cancelled and an enforcement order has not been made—

(i) an enforcement order may be made against the person for the unpaid amount; and

(ii) a registration fee prescribed under a regulation will be added to the unpaid amount;

(i) if an instalment payment notice issued after the making of an enforcement order is cancelled—

(i) an enforcement warrant, immobilisation warrant, a fine collection notice or an arrest and imprisonment warrant may be issued against the person for the unpaid amount; and

(ii) a registration fee or, if relevant, the civil enforcement fee, will be added to the unpaid amount; and

(iii) the person’s driver licence, if the person holds one, may be suspended without further notice;

(j) anything else prescribed under a regulation.

(2) If a person who has an earlier instalment payment notice is given a current instalment payment notice that states the information mentioned in subsection (1) (f) , any previous arrangement to pay instalments under the earlier instalment payment notice ends on the giving of the current instalment payment notice to the person.

(3) For subsections (1) (f) and (2) , a reference to an earlier instalment payment notice includes an instalment payment notice given to a person before the commencement of this subsection.