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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 69
Enforcement of enforcement warrant may be made conditional
69 Enforcement of enforcement warrant may be made conditional
(1) If the registrar issues an enforcement warrant to seize and sell real and
personal property, the registrar may also instruct any or all enforcement
officers not to enforce the warrant until the steps in this section are
followed.
(2) The enforcement officer must first attempt to recover the
amount owing in full.
(3) If the enforcement debtor can not pay the amount
owing in full, the enforcement officer must attempt to interview the
enforcement debtor.
(4) If the enforcement officer reasonably believes the
enforcement debtor will not, or is unwilling to, take part in the interview,
the enforcement officer may enforce the warrant.
(5) If, after interviewing
the enforcement debtor, the enforcement officer is satisfied the enforcement
debtor is unable to pay the amount owing in full, but can pay the amount in a
way mentioned in subsection (6) or (7) , and the enforcement debtor agrees,
the enforcement officer— (a) must not enforce the warrant; and
(b) must
ensure the enforcement debtor takes all action necessary for the amount to be
satisfied in the agreed way, including, for example, by giving the enforcement
officer necessary information or completing necessary documents.
(6) If the
enforcement officer is satisfied the enforcement debtor can pay the amount
owing by instalments at the full instalment rate, the ways the amount may be
paid are as follows— (a) by regular redirection from a financial institution
account at the full instalment rate;
(b) by regular redirection from
earnings.
(7) If the enforcement officer is satisfied the enforcement debtor
can not pay the amount owing by instalments at the full instalment rate, the
ways the amount may be paid are as follows— (a) by paying the amount by
regular redirection from a financial institution account at a rate less than
the full instalment rate;
(b) by satisfying the amount by undertaking
activities under a work and development order.
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