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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 48 Payment arrangements—removals

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 48

Payment arrangements—removals

    (1)     A person to whom a payment arrangement applies may request the removal of any infringement fine or court fine from that person's payment arrangement.

    (2)     If an enforcement agency withdraws an infringement notice for an infringement offence which was served on a person to whom a payment arrangement applies, the enforcement agency must request the Director to remove the infringement fine for the withdrawn infringement notice from the person's payment arrangement.

    (3)     If a fine is removed from a payment arrangement in accordance with a request of a person under subsection (1) or an infringement fine is removed by an enforcement agency under subsection (2), any money paid in respect of that fine is—

        (a)     to be allocated to the payment of the oldest infringement fine or court fine then remaining in the payment arrangement; or

        (b)     subject to subsection (4), if the removal results in the completion of the payment arrangement and there is an overpayment, the person is entitled to a refund of any overpayment of money paid and—

              (i)     if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

              (ii)     if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account.

    (4)     A person is not entitled to a refund under subsection (3)(b) if at the time the fine is removed from the payment arrangement—

        (a)     that person has already paid the fine in full; and

        (b)     in the case of an infringement offence, that infringement offence has been expiated by that payment.

Note

See also section 57 for the effect of cancellation if the fine remains outstanding.