Victorian Consolidated Legislation

Metropolitan Fire Brigades Act 1958 - SECT 43

Penalty for failure to make payment

43. Penalty for failure to make payment



(1) If a municipal council or an insurance company does not pay any quarterly
instalment or amount payable under subsection (2), (3) or (4) within 14 days
after it is due or after the date on which notice of demand is given
(whichever is the later date)-

   (a)  the municipal council or insurance company is guilty of an offence and
        liable to a penalty of 10 penalty units; and

   (b)  where an insurance company has failed to pay by the due date the whole
        or any part of any contribution assessed as being payable by that
        insurance company under section 40A(a), the Board may by notice
        require the insurance company to pay the outstanding amount and all of
        the amount that would have been assessed to be the provisional
        contributions that would have otherwise have been due by that
        insurance company under section 40A(b) for that financial year had the
        insurance company paid the contributions due under section 40A(a) by
        the due date, within the period specified by the Board in the notice;
        and

   (c)  where an insurance company has failed to pay by the due date the whole
        or any part of any contribution assessed as being payable by that
        insurance company under section 40A(b), the Board may by notice
        require the insurance company to pay the balance of its provisional
        contributions for the financial year to which the overdue instalment
        relates within the period specified by the Board in the notice; and

   (d)  the Board may by notice require the municipal council to pay the
        balance of its quarterly instalments for the financial year to which
        the overdue instalment relates within the period specified by the
        Board in its notice; and

   (e)  the Board may charge the municipal council or insurance company
        penalty interest at the rate for the time being fixed by the Governor
        in Council by Order in Council published in the Government Gazette on
        the outstanding instalment from the date on which it became due.

(2) If an insurance company fails to pay within 45 days after the due date of
the instalment for the quarter beginning 1 July any contribution assessed as
being payable by the Board, the Board may increase in accordance with the
method specified in section 40A(b) the provisional contributions that would
otherwise have been payable by the other insurance companies in the quarters
beginning 1 October, 1 January and 1 April of that financial year to meet the
amount of the provisional contributions which the insurance company has failed
to pay.

(3) If an insurance company fails to pay 45 days after the due dates of the
quarterly instalments for the quarters beginning 1 October and 1 January any
contribution assessed as being payable by the Board, the Board may-

   (a)  re-calculate in accordance with the method specified in section 40A(b)
        the provisional contributions due by other insurance companies during
        the remainder of the financial year to meet the amount of the
        provisional contributions which the insurance company has failed to
        pay; and

   (b)  issue a new determination of the provisional contributions payable by
        each insurance company in the remaining quarters of that financial
        year.

(4) If an insurance company fails to pay within 45 days after the due date of
an instalment for the quarter beginning 1 April any contribution assessed as
being payable to the Board, the Board may-

   (a)  re-calculate in accordance with the method specified in section 40A(b)
        the provisional contributions due by other insurance companies to meet
        the amount of the provisional contributions which the insurance
        company has failed to pay; and

   (b)  issue a notice of additional provisional contributions payable by each
        insurance company to meet the amount of the unpaid provisional
        contributions.