Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 103C

103C Financial institution to make deduction

(1) As soon as practicable after receiving the fine collection notice, the financial institution must deduct the amount stated in the notice (the
"recoverable amount" ) from the accounts held by the enforcement debtor with the institution.

(2) Unless required under the fine collection notice to deduct the recoverable amount from a particular account held by the enforcement debtor with the financial institution—

(a) the institution may decide the account from which to deduct the recoverable amount; and

(b) the institution may deduct the recoverable amount by deducting lesser amounts from 2 or more of the accounts held by the enforcement debtor.

Example—

If the recoverable amount is $1,200, the financial institution may deduct $1,000 from one account and $200 from another account.

(3) However, the financial institution must not deduct an amount from an account if—

(a) the deduction would cause the account to be overdrawn; or

(b) the deduction would cause the total balance of all the accounts the enforcement debtor holds with the financial institution to be less than the amount prescribed by regulation (the
"protected amount" ).

(4) If the financial institution is prevented by subsection (3) from deducting from the accounts the full amount of the recoverable amount, it must deduct as much of the amount, if any, that it may deduct without contravening subsection (3) .

Example—

If the recoverable amount is $950, the protected amount is $400 and the enforcement debtor’s account has a balance of $725, the financial institution must deduct $325 from the account.

(5) If the financial institution makes a deduction under this section, the institution may only charge the enforcement debtor an amount, as an administrative cost of complying with the fine collection notice, of not more than the amount prescribed by regulation.