Fines Enforcement and Debt Recovery Act 2017 (SA)

South Australia Fines Enforcement and Debt Recovery Act 2017 An Act to provide for the recovery of expiation fees, fines and other pecuniary sums; to allow for the recovery of civil debt owed to public authorities; to continue the office of Fines Enforcement and Recovery Officer as the Chief Recovery Officer; to set out the functions and powers of the Chief Recovery Officer; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Chief Recovery Officer 4 Chief Recovery Officer 5 Delegation 6 Certain determinations may be made by automated process 7 Annual report Part 3—Enforcement of pecuniary sums Division 1—Preliminary 8 Pecuniary sum is debt 9 Amounts due under expiation notices may be treated as part of pecuniary sum 10 Enforcement against youths Division 2—Payment of pecuniary sums 11 Pecuniary sum is payable within 28 days 12 Payment of pecuniary sum to Chief Recovery Officer 13 Payment by credit card etc 14 Amounts unpaid or unrecovered for more than certain period 15 Arrangements as to manner and time of payment 16 Arrangement or waiver for debtor who has persistently driven unlicensed 17 Publication of names of debtors who cannot be found 18 Reminder notice 19 Enforcement action Part 4—Payment of expiation fees 20 Arrangements as to manner and time of payment 21 Arrangement or waiver for alleged offender who has persistently driven unlicensed 22 Enforcement determinations 23 Review by Court of refusal to revoke enforcement determination 24 Expiation fee is debt 25 Enforcement actions by Chief Recovery Officer 26 Amounts unpaid or unrecovered for more than certain period 27 Writing off bad debts 28 Enforcement of expiation notices in other jurisdictions Part 5—Investigation powers 29 Personal details and investigation of financial position 30 Power to require information 31 Power to require identification 32 Disclosure of information to prescribed interstate authority Part 6—Charge on land 33 Charge on land Part 7—Enforcement Division 1—Enforcement action 34 Interpretation 35 Aggregation of monetary amounts for the purposes of enforcement 36 Seizure and sale of assets 37 Garnishment 38 Suspension of driver's licence 39 Restriction on transacting business with Registrar of Motor Vehicles 40 Suspension of section 97A of Motor Vehicles Act 1959 41 Clamping or impounding of vehicle 42 Power to dispose of uncollected seized vehicles 43 Seizure of number plates of vehicle 44 Publication of names of debtors and alleged offenders subject to enforcement action 45 Costs Division 2—Failure of enforcement process 46 Community service and approved treatment program orders 47 Community service and approved treatment program orders may be enforced by imprisonment Part 8—Civil debt recovery Division 1—Preliminary 48 Interpretation Division 2—Recovery of civil debt 49 Notification of debt 50 Application to Court in relation to debt 51 Enforcement action 52 Internal review of decision to take enforcement action 53 Review of decision to take enforcement action 54 Effect of review proceedings on decision being reviewed 55 Costs 56 Interest on debts Division 3—Payment arrangements 57 Voluntary arrangement as to time and manner of payment Division 4—Investigation powers 58 Investigation of debtor's financial position 59 Power to require information Division 5—Enforcement action Subdivision 1—Preliminary 60 Aggregation of debts for the purposes of enforcement Subdivision 2—Action requiring formal determination 61 Requirement for payment of instalments etc 62 Garnishment 63 Seizure and sale of assets 64 Charge over land 65 Charge over other property Subdivision 3—Appointment of receiver 66 Appointment of receiver Part 9—Authorised officers 67 Authorised officers 68 Identification of authorised officers 69 Hindering authorised officer or assistant Part 10—Miscellaneous 70 Minister may declare amnesty from payment of costs, fees and charges 71 Power of delegation—approved treatment program manager 72 Liability 73 Chief Recovery Officer may be assisted by others 74 Notice of determinations 75 Service of notices etc 76 Regulations Schedule 1—Transitional provisions etc Part 8—Transitional provisions etc 35 Transitional provisions 36 Validation provision Legislative history