FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 49 Cancellation by request of person to whom payment arrangement applies

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 49

    (1)     A person to whom a payment arrangement applies may request the Director to cancel the payment arrangement at any time.

    (2)     On receiving a request under subsection (1), the Director must—

        (a)     cancel the payment arrangement applying to that person; and

        (b)     notify the person in writing that the payment arrangement is cancelled from the date specified in the notification.

    (3)     If a payment arrangement is cancelled, any money paid in respect of an infringement fine or a court fine to which the payment arrangement related is—

        (a)     to be allocated to the payment of the oldest fine then remaining in the payment arrangement before it was cancelled; or

        (b)     subject to subsection (4), if the cancellation 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 of the cancellation—

        (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 effect of cancellation if fine remains outstanding.