The Director may apply to a court for a commitment order and a warrant of commitment against an enforcement debtor if –

(a) the Director, after attempting to enforce a debt by civil enforcement or administrative enforcement, is satisfied that the unpaid amount of the monetary penalty or penalties cannot realistically be discharged in any other way authorised under this Act; and

(b) the enforcement debtor is precluded by another section of this Act from being assessed for an MPCSO, or has been assessed as unsuitable for performing an MPCSO.