FINES REFORM ACT 2014 - SECT 10B Application for work and development permit

FINES REFORM ACT 2014 - SECT 10B

    (1)     Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person.

    (2)     An application under subsection (1) must not be made if—

        (a)     the seven-day notice has expired; or

S. 10B(2)(ab) inserted by No. 59/2017 s. 71.

        (ab)     the eligible person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009 ; or

        (b)     an attachment of earnings direction or an attachment of debts direction has been made; or

        (c)     a land charge has been recorded; or

        (d)     property has been seized under a vehicle seizure and sale notice; or

        (e)     an infringement fine has been paid; or

        (f)     the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 .

    (3)     An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 10E.

    (4)     An application under subsection (1) must specify—

        (a)     the name and address of the eligible person; and

        (b)     as appropriate—

              (i)     the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or

              (ii)     the accredited health practitioner making the application; and

S. 10B(4)(c) amended by No. 17/2022 s. 30(1).

        (c)     the grounds for requesting the work and development permit including each infringement offence, infringement fine or registered collection and enforcement order in relation to a registered infringement fine to which the work and development permit will relate; and

        (d)     the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and

        (e)     a proposed time for the completion of those activities.

S. 10B(5) substituted by No. 17/2022 s. 30(2).

    (5)     If an application is made under this section, any enforcement action against the eligible person is suspended in respect of the following until the Director makes a decision under section 10C—

        (a)     any outstanding infringement fines under the work and development permit;

        (b)     any registered collection and enforcement orders in relation to registered infringement fines under the work and development permit.

S. 10C inserted by No. 29/2016 s. 6.