South Australia: 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 The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Fines Enforcement and Debt Recovery Act 2017. 3—Interpretation (1) In this Act, unless the contrary intention appears— approved treatment program means a treatment program of a prescribed kind that has been approved by the Minister for the purposes of this definition; approved treatment program manager means a person who has general oversight of approved treatment programs and coordinates the implementation of relevant court orders and relevant determinations of the Chief Recovery Officer (and includes a delegate of such a person); authorised officer means— (a) the Sheriff; or (b) the Chief Recovery Officer; or (c) a Registrar of the Magistrates Court; or (d) the Registrar of the Youth Court; or (e) a person appointed under section 67 as an authorised officer; bond means an agreement (not being a bail agreement) entered into pursuant to the sentence of a court under which the defendant undertakes to the Crown to comply with the conditions of the agreement; case manager means a person responsible for supervision of a person's participation in an approved treatment program; council means a council constituted under the Local Government Act 1999; court means a court of criminal jurisdiction; Court means— (a) in relation to a debtor who is a youth or an expiation notice issued to a person who was under the age of 18 years at the time of the alleged offence—the Youth Court; (b) in relation to any other debtor or expiation notice—the Magistrates Court; debtor means (other than in Part 8) the person by whom a pecuniary sum is payable; driver's licence means a licence under the Motor Vehicles Act 1959; expiation notice means an expiation notice under the Expiation of Offences Act 1996; expiation period means the period specified in an expiation notice for payment of the expiation fee (in the absence of an arrangement under section 20); issuing authority, in relation to an expiation notice, means— (a) if the notice is given by a police officer—the Commissioner of Police; or (b) in any other case—the Minister, statutory authority or council on whose behalf the notice is given; land means, according to the context— (a) land as a physical entity, including— (i) any building or structure on, or improvement to, land (whether affixed to the land or not); and (ii) land covered by water and, in such a case, the overlying water; and (iii) a lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988; or (b) a legal estate or interest in, or right in respect of, land; ordinary business hours means the hours between 9 am and 5 pm on any day other than a Saturday, Sunday or public holiday; pecuniary sum means an amount payable pursuant to an order or direction of a court in proceedings relating to an offence, and includes— (a) a fine; and (b) compensation; and (c) costs; and (d) a sum payable pursuant to a bond or to a guarantee ancillary to a bond; and (e) a VIC levy imposed on a person on conviction of an offence; personal details, in relation to a person, means— (a) the person's full name; and (b) any former name of the person (including, if relevant, the person's maiden name); and (c) any alias of the person; and (d) the person's date of birth; and (e) the address of where the person is living; and (f) the address of where the person usually lives; and (g) any former residential address of the person in the previous 5 years; and (h) the person's business address; and (i) the name and address of the person's employer; protected person has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009; public sector agency has the same meaning as in the Public Sector Act 2009; VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law. (2) For the purposes of this Act— (a) enforcement action includes a penalty enforcement order made under the Criminal Law (Sentencing) Act 1988 as in force before the commencement of section 11 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013; and (b) a debtor is subject to a suppression order if a suppression order forbidding publication of the debtor's name was made in the proceedings in which the pecuniary sum was imposed on the debtor and the order has not subsequently been revoked. (3) Unless the contrary intention appears— (a) a reference in this Act to a pecuniary sum includes a reference to— (i) the amount outstanding of such a sum or, if a number of pecuniary sums have been aggregated, the amount outstanding of the aggregated sums; and (ii) any fees, charges or other amounts which are, in accordance with this Act, added to and form part of such a sum; and (b) a reference in this Act to an amount due under an expiation notice includes a reference to— (i) the amount outstanding under the notice or, if a number of amounts have been aggregated, the amount outstanding of the aggregated amounts; and (ii) any fees, charges or other amounts which are, in accordance with this Act, added to and form part of such amount. (4) Subject to this Act, a person expiates an offence if a person pays all of the amounts due under the expiation notice (including any levy payable under the Victims of Crime Act 2001) or such amounts are recovered from the person in accordance with this Act or the Expiation of Offences Act 1996. Part 2—Chief Recovery Officer 4—Chief Recovery Officer (1) The office of Fines Enforcement and Recovery Officer continues as the office of the Chief Recovery Officer. (2) The Chief Recovery Officer will be a person employed in the Public Service of the State. (3) The Chief Recovery Officer may, in addition to carrying out functions and exercising powers under this Act, carry out any other functions, or exercise any other powers, assigned to the Chief Recovery Officer by or under any other Act or law or by the Minister. (4) If the Chief Recovery Officer carries out functions under an Act on behalf of a public sector agency, Local Government agency or other person or body, the Chief Recovery Officer may charge the agency, person or body a fee of such amount as may be agreed between the Chief Recovery Officer and the agency, person or body. 5—Delegation (1) The Chief Recovery Officer may, by instrument in writing, delegate a power or function under this Act or any other Act— (a) to a particular person or committee; or (b) to the person for the time being performing particular duties or holding or acting in a particular position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) The person to whom a power or function is delegated under this section may be a body corporate. (4) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act personally in a matter; and (c) is revocable at will. 6—Certain determinations may be made by automated process (1) The Chief Recovery Officer may determine that a class of determinations required to be made by the Chief Recovery Officer under this Act is of such a nature that they could appropriately be made by means of an automated process in accordance with this section. (2) If the Chief Recovery Officer makes a determination under subsection (1), the Chief Recovery Officer must— (a) determine the policies to be applied for the purpose of making the relevant class of determinations by means of an automated process; and (b) approve the automated process to be used. (3) For the purpose of any proceedings— (a) a certificate apparently signed by the Chief Recovery Officer and certifying as to any determination or approval given by the Chief Recovery Officer under this section is conclusive proof of the matters so certified; and (b) a determination made by an automated process in accordance with this section will be taken to be a determination of the Chief Recovery Officer under this Act. 7—Annual report (1) The Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of this Act must, not later than 30 September in each year, submit to the Minister a report on the work of the Chief Recovery Officer for the financial year ending on the preceding 30 June. (2) The report must include information prescribed by the regulations or required by the Minister. (3) The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament. Part 3—Enforcement of pecuniary sums Division 1—Preliminary 8—Pecuniary sum is debt (1) A pecuniary sum due and payable is to be taken for the purposes of this Act to be a debt due to the Crown and is recoverable by the Chief Recovery Officer by action in any court of competent jurisdiction or as otherwise set out in this Act. (2) Subsection (1) does not limit the ability of a person to take action to recover a sum due and payable to the person. 9—Amounts due under expiation notices may be treated as part of pecuniary sum (1) Subject to this section, the Chief Recovery Officer may make a determination under this section (an aggregation determination) if a debtor who owes a pecuniary sum also has an amount due under an expiation notice (an expiation amount) and— (a) the debtor has requested the making of the aggregation determination; or (b) an enforcement determination has been made in relation to the expiation amount under section 22. (2) If the debtor requests the making of the aggregation determination but no enforcement determination has been made under section 22 in relation to the expiation amount, the Chief Recovery Officer may refuse to make a determination under this section unless the issuing authority pays the prescribed fee. (3) On the making of an aggregation determination— (a) the expiation amount will be taken to be part of the pecuniary sum owed by the debtor; and (b) subject to the regulations, the debtor will, for the purposes of an Act or law other than this Act or the Expiation of Offences Act 1996, be taken to have expiated the offence or offences to which the determination relates (unless the debtor is already taken to have expiated the offence in accordance with section 20(21) or section 22); and (c) any enforcement determination made in relation to the expiation amount is suspended. (4) For the purposes of section 14, an expiation fee that is subject to an aggregation determination is taken to be a pecuniary sum imposed by order of a court and the 28 day period referred to in section 11 is taken to have ended on the day on which the expiation period ended. (5) If— (a) an amount due under an expiation notice is included in an aggregation determination; and (b) the expiation notice is withdrawn under section 16 of the Expiation of Offences Act 1996, the expiation amount under the withdrawn notice is to be deducted from the amount due under the aggregation determination. (6) The Chief Recovery Officer may revoke an aggregation determination at any time by notice in writing given to the debtor. (7) A revocation takes effect 7 days from (and including) the day on which the notice referred to in subsection (6) was given to the debtor. (8) On the revocation of an aggregation determination under subsection (6)— (a) the remaining expiation amount must be determined by the Chief Recovery Officer, taking into account— (i) any deductions that should be made on account of amounts that have been paid by or recovered from the debtor since the making of the determination; and (ii) any additions that should be made on account of amounts that have accrued in accordance with section 14 since the making of the determination; and (b) the remaining expiation amount so determined will no longer be taken to be part of the pecuniary sum; and (c) — (i) if an enforcement determination had been made prior to the making of the aggregation determination—the enforcement determination comes back into force (and this Act applies to the remaining expiation amount as if the aggregation determination had not been made); or (ii) in any other case—the Chief Recovery Officer may make an enforcement determination in relation to the remaining expiation amount under section 22 (and any procedural or other requirements relating to the making of such determinations will be taken to have been complied with). 10—Enforcement against youths This Act applies to a debtor who is a youth (ie a person who was under the age of 18 years at the time when the offence in respect of which the pecuniary sum was imposed was committed) but an additional power exists for the youth or the Chief Recovery Officer to apply, at any time, to the Youth Court for the making of a community service order in respect of the youth (as if section 46 applied in respect of the pecuniary sum). Division 2—Payment of pecuniary sums 11—Pecuniary sum is payable within 28 days Subject to any arrangement under section 15, a pecuniary sum is payable within 28 days from (and including)— (a) in the case of a pecuniary sum imposed by order of a court—the day on which the order was made; and (b) in the case of a VIC levy imposed on a person on conviction of an offence—the day on which the person was sentenced for the offence. 12—Payment of pecuniary sum to Chief Recovery Officer (1) A pecuniary sum is payable (despite the fact that the order is in favour of some person)— (a) to the Chief Recovery Officer; or (b) to an agent appointed by the Chief Recovery Officer for the purpose. (2) On receipt of the whole or part of a pecuniary sum, the Chief Recovery Officer must pay the amount received as follows: (a) firstly, if the sentencing court has ordered the defendant to pay any amount by way of compensation or restitution to a particular person, then to that person in satisfaction of that amount; (b) secondly, if a VIC levy is payable by the defendant, then into the Victims of Crime Fund in satisfaction of that levy; (c) thirdly, if any costs are payable to a party to the proceedings, then in satisfaction of those costs; (d) fourthly, if any other money is payable under the order of the court to the informant, then to the informant; (e) fifthly, according to the directions of any other Act or, if no other Act contains directions as to payment, then to Treasury. (3) Unless the Chief Recovery Officer determines otherwise, if more than 1 pecuniary sum is payable by a debtor, an amount paid in accordance with subsection (2) is to be taken to have been deducted from the pecuniary sum that the debtor was first ordered to pay and then, if necessary, from the pecuniary sum that the debtor was next ordered to pay, and so on so that deductions are taken to be made from each successive pecuniary sum in chronological order. 13—Payment by credit card etc A pecuniary sum may be paid by using a credit card, charge card or debit card if facilities for their use are available in relation to the payment to be made. 14—Amounts unpaid or unrecovered for more than certain period (1) Subject to subsection (2), if a part of a pecuniary sum imposed by order of a court remains— (a) unpaid by the debtor under this Division; or (b) unrecovered from the debtor under Part 7, on the expiration of the 28 day period referred to in section 11, the following provisions apply: (c) the prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor; (d) if a part of the pecuniary sum remains unpaid or unrecovered on the expiration of the 30 day period commencing immediately after that 28 day period, a further prescribed amount is added to, and forms part of, the pecuniary sum payable by the debtor. (2) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the whole or any part of an amount payable by a debtor in accordance with this section. (3) In this section— prescribed amount means an amount prescribed by, or calculated in accordance with, the regulations. 15—Arrangements as to manner and time of payment (1) Subject to this section, a debtor who pays, or who agrees to pay, to the Chief Recovery Officer the prescribed fee— (a) may, at any time during the 28 day period referred to in section 11, enter into an arrangement with the Chief Recovery Officer for payment of a pecuniary sum by instalments over a period determined by the Chief Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into); or (b) if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to a pecuniary sum in accordance with subsection (5). (2) Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the debtor before the debtor enters into the arrangement, the fee is to be added to, and forms part of, the pecuniary sum payable by the debtor. (3) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the fee prescribed under subsection (1). (4) An arrangement for payment by instalments referred to in subsection (1)(a) must provide for instalments to be paid to the Chief Recovery Officer by direct debits by or through some other person or agency (eg deductions from an ADI account or wages). (5) Other kinds of arrangements under this section may consist of or include— (a) payment by instalments (including instalments paid over a period exceeding 12 months); and (b) an extension of time to pay; and (c) the taking of a charge over land; and (d) the surrender of property to the Chief Recovery Officer; and (e) payment of any amount, including by direct credit, by or through some other person or agency (eg deductions from an ADI account or wages); and (f) subject to subsection (6)—requirements for the performance of community service by the debtor (in accordance with a scheme prescribed by the regulations); and (g) subject to subsection (7)—an arrangement for the debtor to complete an approved treatment program; and (h) any other form of arrangement agreed by the Chief Recovery Officer and the debtor. (6) The Chief Recovery Officer may only agree to an arrangement requiring the performance of community service if the Chief Recovery Officer is satisfied that the debtor does not have, and is not likely within a reasonable time to have, the means to pay the pecuniary sum without the debtor or the debtor's dependants suffering hardship. (7) The Chief Recovery Officer must not enter into an arrangement requiring a debtor to complete an approved treatment program unless the Officer is satisfied that— (a) the debtor does not have, and is not likely within a reasonable time to have, the means to pay the pecuniary sum without the debtor or the debtor's dependants suffering hardship; and (b) the debtor is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (c) the services are available for the debtor at a suitable time and place. (8) If— (a) a debtor has previously been subject to enforcement action under— (i) this Part (whether in relation to the same, or a different, pecuniary sum); or (ii) Part 4; or (iii) Part 8; or (iv) Part 9 Division 3 of the repealed Criminal Law (Sentencing) Act 1988; or (v) the Expiation of Offences Act 1996; or (b) a debtor is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or (c) a debtor is of a class prescribed by the regulations, the Chief Recovery Officer may— (d) refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the debtor; or (e) require the debtor to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the debtor from any Commonwealth, State or Local Government agency, any ADI or an employer of the debtor; or (f) require the debtor to provide security or obtain guarantees (as the Chief Recovery Officer thinks fit). (9) An arrangement under this section may be varied by agreement between the debtor and the Chief Recovery Officer. (10) If the Chief Recovery Officer is satisfied that a debtor who has entered into an arrangement under this section has the capacity to pay any outstanding amount of the pecuniary sum without the debtor or the debtor's dependants suffering hardship, the Officer may, by notice in writing given to the debtor, terminate the arrangement. (11) For the purposes of entering into, or varying, an arrangement, any number of pecuniary sums payable by the debtor may be aggregated. (12) If a debtor complies with an arrangement under this section requiring the performance of community service, the amount of the pecuniary sum outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection. (13) If the Chief Recovery Officer is satisfied that a debtor has completed, or substantially completed, an approved treatment program pursuant to an arrangement under this section, the Officer must waive payment of the whole or part of the amount payable by the debtor in accordance with the arrangement. (14) If an arrangement is entered into or varied under this section, the Chief Recovery Officer must give notice of the arrangement or varied arrangement (as the case requires) to the debtor. (15) If a debtor fails to comply with an arrangement under this section and the failure has endured for 28 days, the arrangement terminates. (16) However, an arrangement that has terminated under subsection (15) may, not more than 14 days after the day on which it terminated, be reinstated by the Chief Recovery Officer. (17) If an arrangement is reinstated by the Chief Recovery Officer— (a) the arrangement as reinstated commences on a day specified by the Officer; and (b) the provisions of this section apply to the reinstated arrangement as if it had not terminated. 16—Arrangement or waiver for debtor who has persistently driven unlicensed (1) Subject to subsection (2), if the Chief Recovery Officer is satisfied, on application by a debtor, that— (a) the pecuniary sum payable by the debtor is attributable, at least in part, to the debtor having been found guilty of an offence against section 74 of the Motor Vehicles Act 1959; and (b) the debtor has been found guilty of, or has expiated, an offence against that section on more than 2 occasions; and (c) the debtor has not, since the commission of the offence, been charged with, or been alleged to have committed, a further offence against that section; and (d) the debtor has, since the commission of the offence, obtained a driver's licence, the Chief Recovery Officer may determine to— (e) enter into an arrangement with the debtor of a kind set out in section 15; or (f) waive payment of the pecuniary sum or any part of the pecuniary sum. (2) The Chief Recovery Officer may not make a determination under this section in relation to a debtor if a determination has previously been made under this section or section 21 in relation to the debtor. (3) This Division applies to an arrangement entered into under subsection (1)(e) as if the arrangement were an arrangement under section 15. 17—Publication of names of debtors who cannot be found (1) If the whereabouts of a debtor cannot, after reasonable enquiries, be ascertained, the Chief Recovery Officer may cause a notice to be published on a website determined by the Chief Recovery Officer, and in such other manner (if any) as the Chief Recovery Officer thinks fit, seeking information as to the debtor's whereabouts. (2) A notice under subsection (1)— (a) must be in a form determined by the Chief Recovery Officer; and (b) must not include any information relating to the debtor other than the debtor's— (i) actual name and any assumed name; and (ii) last known and former addresses; and (iii) date of birth. (3) However, a notice cannot be published under this section in relation to a debtor if the debtor is— (a) a youth; or (b) subject to a suppression order; or (c) a protected person. 18—Reminder notice (1) If, at the end of the 28 day period from the making of an order imposing a pecuniary sum, the debtor has not paid the pecuniary sum or entered into an arrangement under this Division in respect of the sum, the Chief Recovery Officer must cause a reminder notice to be given to the debtor. (2) A reminder notice must— (a) be in a form determined by the Chief Recovery Officer; and (b) contain information as to the enforcement action that can be taken against the debtor in the event of continued default. (3) Subject to subsection (4), a prescribed reminder notice fee will be added to and form part of the pecuniary sum in respect of which the notice is issued. (4) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of a reminder notice fee. 19—Enforcement action (1) If— (a) a debtor has not, within 14 days of (and including) the date on which a reminder notice relating to a pecuniary sum was given to the debtor in accordance with section 18, paid the sum or entered into an arrangement under section 15 in respect of the sum; or (b) an arrangement under section 15 has terminated, the Chief Recovery Officer may— (c) determine, at any time, in the Officer's absolute discretion, to do any of the following: (i) enter into an arrangement, or further arrangement, with the debtor under section 15(1)(b); (ii) exercise any 1 or more of the powers under Part 7; (iii) waive payment of the pecuniary sum or any part of the pecuniary sum; or (d) write off the pecuniary sum— (i) if the Officer has no reasonable prospect of recovering the sum; or (ii) if the costs of recovery are likely to equal or exceed the amount to be recovered. (2) If the Chief Recovery Officer determines to waive payment of any part of a pecuniary sum that includes an amount of compensation, the Chief Recovery Officer must take reasonable action to notify the person to whom the compensation is payable and that person may then recover the amount of the compensation as a debt from the debtor. (3) The writing off of a pecuniary sum does not affect the liability of the debtor to pay the sum or the power of the Chief Recovery Officer to recover it. Part 4—Payment of expiation fees 20—Arrangements as to manner and time of payment (1) Subject to this section, an alleged offender who has been given an expiation notice and who pays to the Chief Recovery Officer the prescribed fee— (a) may, at any time during the expiation period, enter into an arrangement with the Chief Recovery Officer for payment of the amount due under the notice by direct debit instalments in accordance with subsection (5); or (b) if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to the amount due under the notice in accordance with subsection (6). (2) Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the alleged offender before the alleged offender enters into the arrangement, the fee is to be added to, and forms part of, the unpaid expiation fee. (3) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the fee prescribed under subsection (1). (4) The Chief Recovery Officer must give the issuing authority notice (in a manner agreed between the Chief Recovery Officer and the issuing authority) of any arrangement entered into under this section. (5) An arrangement for payment by instalments referred to in subsection (1)(a)— (a) may not be entered into after an enforcement determination has been made under section 22 in respect of the expiation notice; and (b) must provide for instalments to be paid to the Chief Recovery Officer by direct debits by or through some other person or agency (eg deductions from an ADI account or wages); and (c) must require payment in full within a period determined by the Chief Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into). (6) Other kinds of arrangements referred to in subsection (1)(b) may consist of or include— (a) payment by instalments (including instalments paid over a period exceeding 12 months); and (b) an extension of time to pay; and (c) the taking of a charge over land; and (d) the surrender of property to the Chief Recovery Officer; and (e) payment of any amount, including by direct credit, by or through some other person or agency (eg deductions from an ADI account or wages); and (f) subject to subsection (7)—requirements for the performance of community service by the alleged offender (in accordance with a scheme prescribed by the regulations); and (g) subject to subsection (8)—an arrangement for the alleged offender to complete an approved treatment program; and (h) any other form of arrangement agreed by the Chief Recovery Officer and the alleged offender. (7) The Chief Recovery Officer may only agree to an arrangement requiring the performance of community service if— (a) the Chief Recovery Officer is satisfied that the alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy the amount due under an expiation notice without the alleged offender or the alleged offender's dependants suffering hardship; and (b) an enforcement determination has been made by the Chief Recovery Officer under section 22 in relation to the expiation notice. (8) The Chief Recovery Officer must not enter into an arrangement requiring an alleged offender to complete an approved treatment program unless the Officer is satisfied that— (a) the alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy the amount due under an expiation notice without the alleged offender or the alleged offender's dependants suffering hardship; and (b) the alleged offender is eligible for the services to be included on the program in accordance with applicable eligibility criteria (if any); and (c) the services are available for the alleged offender at a suitable time and place. (9) If— (a) an alleged offender has previously been subject to enforcement action under— (i) this Part (whether in relation to the same, or a different, expiation notice); or (ii) Part 3; or (iii) Part 8; or (iv) the Expiation of Offences Act 1996; or (v) Part 9 Division 3 Subdivision 4 of the repealed Criminal Law (Sentencing) Act 1988; or (b) an alleged offender is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or (c) an alleged offender is of a class prescribed by the regulations, the Chief Recovery Officer may— (d) refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the alleged offender; or (e) require the alleged offender to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the alleged offender from any Commonwealth, State or Local Government agency, any ADI or an employer of the alleged offender; or (f) require the alleged offender to provide security or obtain guarantees (as the Chief Recovery Officer thinks fit). (10) An arrangement under this section may be varied by agreement between the alleged offender and the Chief Recovery Officer. (11) If an arrangement is entered into or varied under this section, the Chief Recovery Officer must give notice of the arrangement or varied arrangement (as the case requires) to the alleged offender. (12) For the purposes of entering into, or varying, an arrangement, any number of amounts due under expiation notices given to the alleged offender may be aggregated. (13) If an alleged offender complies with an arrangement under this section requiring the performance of community service, the amount outstanding is to be reduced in accordance with the method prescribed by regulation for the purposes of this subsection. (14) If the Chief Recovery Officer is satisfied that an alleged offender has completed, or substantially completed, an approved treatment program pursuant to an arrangement under this section, the Officer must waive payment of the whole or part of the amount outstanding in accordance with the arrangement. (15) If an alleged offender fails to comply with an arrangement under this section and the failure has endured for 28 days, the arrangement terminates. (16) However, an arrangement that has terminated under subsection (15) may, not more than 14 days after the day on which it terminated, be reinstated by the Chief Recovery Officer. (17) If the Chief Recovery Officer is satisfied that an alleged offender who has entered into an arrangement under this section has the means to satisfy an enforcement amount without the alleged offender or the alleged offender's dependants suffering hardship, the Officer may, by notice in writing given to the alleged offender, terminate the arrangement. (18) If an arrangement terminates under subsection (15) or (17), the Chief Recovery Officer must give the issuing authority notice (in a manner agreed between the Chief Recovery Officer and the issuing authority) of the termination and the amount then outstanding (taking into account, where the arrangement required the performance of community service, the number of hours of community service so performed). (19) If an arrangement is reinstated by the Chief Recovery Officer— (a) the arrangement as reinstated commences on a day specified by the Officer; and (b) the provisions of this section apply to the reinstated arrangement as if it had not terminated; and (c) notice of the reinstated arrangement must be given by the Officer to the issuing authority. (20) If an alleged offender complies with an arrangement under this section or pays to the Chief Recovery Officer, at any time, the amount then outstanding, the arrangement is discharged. (21) Subject to the regulations, an alleged offender who enters into an arrangement under this section will, for the purposes of any other Act or law, be taken to expiate the offence or offences to which the arrangement relates on the day on which the arrangement is entered into (unless the alleged offender is already taken to have expiated the offence in accordance with section 9 or 22) regardless of whether the arrangement is subsequently discharged or terminates before being discharged. 21—Arrangement or waiver for alleged offender who has persistently driven unlicensed (1) Subject to subsection (2), if the Chief Recovery Officer is satisfied, on application by an alleged offender, that— (a) the amount due under an expiation notice given to the alleged offender is attributable, at least in part, to the alleged offender having been alleged to have committed an offence against section 74 of the Motor Vehicles Act 1959; and (b) the alleged offender has been found guilty of, or has expiated, an offence against that section on more than 2 occasions; and (c) the alleged offender has not, since the commission of the alleged offence, been charged with, or been alleged to have committed, a further offence against that section; and (d) the alleged offender has, since the commission of the alleged offence, obtained a driver's licence, the Chief Recovery Officer may determine to— (e) enter into an arrangement with the alleged offender of a kind set out in section 20; or (f) waive payment of the amount due or any part of the amount due. (2) The Chief Recovery Officer may not make a determination under this section in relation to an alleged offender if a determination has previously been made under this section or section 16 in relation to the alleged offender. (3) This Part applies to an arrangement entered into under subsection (1)(e) as if the arrangement were an arrangement under section 20. 22—Enforcement determinations (1) An expiation notice may be enforced against the alleged offender by the issuing authority providing to the Chief Recovery Officer the particulars determined by the Chief Recovery Officer relating to— (a) the alleged offender; and (b) the offence or offences that remain unexpiated; and (c) the amount due under the notice; and (d) compliance by the authority with the requirements of this Act and any other Act. (2) The prescribed fee is payable by an issuing authority that provides particulars to the Chief Recovery Officer under subsection (1). (3) The Chief Recovery Officer may make an enforcement determination in relation to an expiation notice given to a person— (a) if the Chief Recovery Officer has, within the relevant period, received particulars under subsection (1) and— (i) 14 clear days have elapsed from the date on which a reminder notice relating to the expiation notice was given in accordance with section 11 of the Expiation of Offences Act 1996; or (ii) 14 clear days have elapsed from the date on which an expiation enforcement warning notice relating to the expiation notice was given in accordance with section 11A of the Expiation of Offences Act 1996; or (b) if an arrangement under section 20 relating to the notice has terminated in accordance with that section and the Chief Recovery Officer has, within the relevant period, received particulars under subsection (1) following that termination. (4) Subject to the regulations, on the making of an enforcement determination the alleged offender will, for the purposes of any other Act or law, be taken to have expiated the offence or offences to which the enforcement determination relates (unless the alleged offender is already taken to have expiated the offence in accordance with section 9 or 20(21)). (5) The Chief Recovery Officer may— (a) vary an enforcement determination at any time; and (b) revoke an enforcement determination— (i) on application under this section made within 30 days of notice of an enforcement determination being given, sent or published in accordance with this section; or (ii) on the Chief Recovery Officer's own initiative. (6) Subject to subsection (7), an application under subsection (5)(b)(i) must be accompanied by the prescribed fee. (7) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the application fee. (8) The Chief Recovery Officer may entertain an application under subsection (5)(b)(i) made out of time if the Chief Recovery Officer thinks good reason exists for doing so. (9) The Chief Recovery Officer may refuse to entertain an application under subsection (5)(b)(i) if the Chief Recovery Officer considers that the application is frivolous or vexatious or is not made in good faith. (10) An application under subsection (5)(b)(i) for the revocation of an enforcement determination can only be made on the ground that— (a) the expiation notice to which the determination relates should not have been given to the applicant in the first instance (other than because the alleged offender did not commit, or has a defence against, the alleged offence); or (b) the alleged offender did not have a reasonable opportunity to elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for any offence to which the expiation notice relates (other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act); or (c) the alleged offender did not have a reasonable opportunity to apply for review of the expiation notice to which the determination relates under section 8A of the Expiation of Offences Act 1996 (other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act); or (d) the procedural requirements of this Act or any other Act were not complied with; or (e) the applicant failed to receive an expiation notice and an expiation reminder notice as required by the Expiation of Offences Act 1996; or (f) the issuing authority failed to receive— (i) a notice sent to the authority by the applicant electing to be prosecuted for the offence; or (ii) a nomination, statutory declaration or other document sent to the authority by the applicant in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or (g) the applicant has expiated the offence, or offences, under the notice. (11) The Chief Recovery Officer may only revoke an enforcement determination on a ground referred to in subsection (10)(b) or (c) if satisfied that there are exceptional circumstances that justify the alleged offender's failure to make an election, or to apply for a review, under the Expiation of Offences Act 1996. (12) If the Chief Recovery Officer revokes an enforcement determination— (a) the determination will be taken to be void and of no effect (and subsection (4) is taken never to have applied in relation to the determination); and (b) any enforcement action taken under section 25 in relation to the determination will be taken to have been revoked; and (c) the Chief Recovery Officer may, if the Chief Recovery Officer thinks fit, refund the fee (if any) paid in accordance with subsection (6). (13) If the Chief Recovery Officer revokes an enforcement determination on the ground referred to in subsection (10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the determination was revoked despite the fact that the time for the commencement of the prosecution may have already otherwise expired. (14) If— (a) the Chief Recovery Officer revokes an enforcement determination on a ground referred to in subsection (10)(b) or (c); and (b) — (i) the alleged offender does not, within 14 days of being informed of the revocation— (A) elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for the offence; or (B) apply under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates on the ground that the offence is trifling; or (ii) the alleged offender applies under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates but the issuing authority determines not to withdraw the expiation notice, the Chief Recovery Officer may make a further enforcement determination in relation to the expiation notice. (15) Despite any other provision of this Act, if the Chief Recovery Officer revokes an enforcement determination on a ground referred to in subsection (10)(d), (e) or (f), the following provisions apply: (a) if the period of 1 year from the date of commission of the alleged offence, or offences, has not expired, the applicant will be taken to have been given an expiation notice by the issuing authority in respect of the alleged offence, or offences, for the first time on the day on which the determination was revoked; and (b) the expiation notice will also be taken to have been issued on that day; and (c) the expiation period will be taken to be the period of 28 days from (and including) that day; and (d) a prosecution can be commenced for the alleged offence, or offences, within 6 months of the expiry of that expiation period (despite the fact that the time for the commencement of the prosecution may have already otherwise expired). (16) Subject to subsection (17), on an enforcement determination being made, varied or revoked, the Chief Recovery Officer must cause a written notice of the determination, variation or revocation containing the particulars (if any) prescribed by the regulations— (a) to be— (i) given to the alleged offender; or (ii) if the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained—published on a website determined by the Chief Recovery Officer; and (b) to be given to the issuing authority. (17) If— (a) the alleged offender was under the age of 18 years at the time the offence is alleged to have been committed or is a protected person; and (b) the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained, the Chief Recovery Officer may not publish the written notice in accordance with subsection (16)(a)(ii) but may, if satisfied that other reasonable means of contacting the alleged offender (not involving public disclosure of the alleged offender's name) are available, cause the written notice to be given to the alleged offender by such other means. (18) The Chief Recovery Officer is not required to conduct a hearing for the purposes of making, varying or revoking an enforcement determination. (19) In this section— relevant period, in relation to an expiation notice, means— (a) for the purposes of subsection (3)(a)— (i) the period ending 90 days after the end of the expiation period; or (ii) such longer period as the Chief Recovery Officer may allow (provided that the Chief Recovery Officer may not extend the period so as to allow particulars to be received after the time for commencement of a prosecution against the person for the unexpiated offence or offences to which the particulars relate has expired); and (b) for the purposes of subsection (3)(b)—the period of 30 days after the day on which the arrangement terminated. 23—Review by Court of refusal to revoke enforcement determination (1) Subject to this section, if— (a) an enforcement determination has been made by the Chief Recovery Officer under section 22 in relation to an expiation notice; and (b) an application by the alleged offender under section 22(5)(b)(i) for revocation of the determination on a ground specified in section 22(10)(b) or (c) has been refused by the Chief Recovery Officer, the alleged offender may apply to the Court for review of the decision to refuse the application within 30 days of notice of the decision being given to the alleged offender. (2) The Court may entertain an application made out of time if it thinks good reason exists for doing so. (3) The issuing authority is a party to an application under this section. (4) On an application under this section, the Court may— (a) confirm or reverse the decision of the Chief Recovery Officer; and (b) make any consequential or ancillary order that the Court considers necessary or expedient. (4a) If the Court reverses a decision of the Chief Recovery Officer to refuse an application made by an alleged offender under section 22(5)(b)(i) on the ground referred to in section 22(10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the Court's decision is made despite the fact that the time for commencement of the prosecution may have already otherwise expired. (5) If the Court reverses a decision of the Chief Recovery Officer to refuse an application by an alleged offender under section 22(5)(b)(i), the following provisions apply: (a) the enforcement determination will be taken to be void and of no effect (and section 22(4) is taken never to have applied in relation to the determination); (b) any subsequent enforcement action taken under section 25 will be taken to have been revoked; (c) if the alleged offender does not, within 14 days of being informed of the Court's determination— (i) elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for the offence; or (ii) apply under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates on the ground that the offence is trifling, the Chief Recovery Officer may make a further enforcement determination in relation to the expiation notice. (6) A decision of the Court made on an application under this section is not subject to further appeal by the alleged offender. 24—Expiation fee is debt (1) An amount due under an expiation notice in relation to which an enforcement determination has been made by the Chief Recovery Officer under section 22 is, if the enforcement determination has not been revoked, to be taken for the purposes of this Act to be a debt due to the Crown and is recoverable by the Chief Recovery Officer by action in any court of competent jurisdiction or as otherwise set out in this Act. (2) Subsection (1) does not affect the operation of section 17(2) or (3) of the Expiation of Offences Act 1996. 25—Enforcement actions by Chief Recovery Officer (1) If an enforcement determination has been made by the Chief Recovery Officer under section 22 in relation to an expiation notice (and has not been revoked), the Chief Recovery Officer may take enforcement action against the alleged offender to secure payment of the amount due under the notice. (2) The Chief Recovery Officer may take enforcement action against a person by doing any of the following: (a) entering into an arrangement, or further arrangement, with the person under section 20(1)(b); (b) registering a charge on an interest in land under Part 6; (c) exercising a power under Part 7; (d) waiving payment of the amount due or any part of the amount due. (3) If more than 1 enforcement determination has been made in respect of expiation notices issued to a person, the amounts due under the notices may be aggregated for the purposes of taking enforcement action. 26—Amounts unpaid or unrecovered for more than certain period (1) Subject to subsection (2)— (a) if the Chief Recovery Officer makes an enforcement determination in relation to an expiation notice, an amount prescribed by, or calculated in accordance with, the regulations is added to, and forms part of, the amount due under the notice; and (b) if any part of the amount due under the notice (including the amount added under paragraph (a)), remains unpaid by, or unrecovered from, the alleged offender at the end of the 30 day period commencing on the day on which the enforcement determination is made, a further amount prescribed by, or calculated in accordance with, the regulations is added to, and forms part of, the amount due under the notice. (2) The Chief Recovery Officer may, in such circumstances as the Officer thinks just, waive payment of the whole or part of an amount payable by an alleged offender in accordance with this section. 27—Writing off bad debts (1) The Chief Recovery Officer may write off an amount payable under an expiation notice— (a) if the Officer has no reasonable prospect of recovering the amount; or (b) if the costs of recovery are likely to equal or exceed the amount to be recovered. (2) The writing off of an amount payable under an expiation notice does not affect the liability of the alleged offender to pay the amount or the power of the Chief Recovery Officer to recover it. 28—Enforcement of expiation notices in other jurisdictions (1) The Minister may enter into an agreement (a multi-jurisdictional agreement) with 1 or more other Australian jurisdictions to establish and implement processes and procedures for— (a) the enforcement in other jurisdictions of expiation notices given in this State; and (b) the enforcement in this State of expiation notices given in other jurisdictions. (2) A multi-jurisdictional agreement may, for example— (a) provide for collection of amounts payable under expiation notices by a participating jurisdiction on behalf of another participating jurisdiction and for distribution of money so collected; or (b) authorise the performance or exercise of any functions or powers under this Act or the Expiation of Offences Act 1996 by a specified authority of a participating jurisdiction; or (c) authorise the performance or exercise of any functions or powers under a specified law of another jurisdiction by the Chief Recovery Officer (subject to any law of that jurisdiction and any limitations specified in the agreement); or (d) make provision for other measures or matters that the parties consider necessary or expedient for facilitating the enforcement of expiation notices or their equivalent in this State and other jurisdictions and for implementing processes established by the agreement for that purpose. (3) A multi-jurisdictional agreement will operate for such period, and be able to be varied or terminated in such a manner, as the participating jurisdictions agree. (4) The Chief Recovery Officer must take such action as is necessary or expedient for giving effect to a multi-jurisdictional agreement. (5) Any power that the Chief Recovery Officer may exercise under this Act in relation to an expiation notice of this jurisdiction may be exercised by the Chief Recovery Officer in relation to an expiation notice of another jurisdiction if the exercise of the power is authorised under a multi-jurisdictional agreement. (6) If an authority of a participating jurisdiction is authorised under a multi-jurisdictional agreement to exercise or perform functions or powers under this Act or the Expiation of Offences Act 1996, the authority will be taken to be the Chief Recovery Officer, and to have the functions and powers of the Chief Recovery Officer, when acting under the agreement. (7) In this section— expiation notice includes an equivalent notice (however described) of a prescribed kind issued under the law of another Australian jurisdiction. Part 5—Investigation powers 29—Personal details and investigation of financial position (1) The Chief Recovery Officer may, at any time, give written notice to a debtor or alleged offender requiring the debtor or alleged offender to provide the Chief Recovery Officer with the personal details of the debtor or alleged offender. (2) If the Chief Recovery Officer has reasonable cause to believe that a person has knowledge of personal details of a debtor or alleged offender, the Chief Recovery Officer may give written notice to the person requiring the person to provide the Chief Recovery Officer with such personal details of the debtor or alleged offender as are known to the person. (3) The Chief Recovery Officer may, at any time, investigate a debtor's means of satisfying a pecuniary sum, or an alleged offender's means of satisfying an amount due under an expiation notice, and may give a written notice to a person requiring the person to produce to the Chief Recovery Officer, within a period stated in the notice, documents or other material relevant to the investigation. (4) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $10 000. 30—Power to require information (1) If a public sector agency or a credit reporting body (within the meaning of the Privacy Act 1988 of the Commonwealth) is in possession of the personal details of a debtor or alleged offender, the agency or body must, on request from the Chief Recovery Officer, provide those details to the Chief Recovery Officer. (2) A public sector agency must, in accordance with the written request of the Chief Recovery Officer, produce to the Officer— (a) documents or other material in the possession of the agency relevant to an investigation of a debtor's means, or an alleged offender's means, of satisfying a pecuniary sum; and (b) information that would assist the Officer to identify or recognise a debtor or alleged offender. (3) This section does not apply to a public sector agency excluded from the application of this section by the regulations. 31—Power to require identification (1) An authorised officer may require a person who the officer has reasonable cause to suspect may be a debtor or alleged offender to produce evidence of the person's identity. (2) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $10 000. 32—Disclosure of information to prescribed interstate authority The Chief Recovery Officer may disclose prescribed particulars of a debtor or alleged offender to a prescribed interstate authority. Part 6—Charge on land 33—Charge on land (1) The Chief Recovery Officer may, at any time, apply to the Registrar‑General in the form determined by the Registrar‑General to register a charge over the interest of a debtor in land owned (whether solely or as a co‑owner) by the debtor for the amount of the pecuniary sum outstanding from time to time. (2) The Chief Recovery Officer may, if an enforcement determination has been made under section 22 in relation to an expiation notice (and has not been revoked), apply to the Registrar‑General in the form determined by the Registrar‑General to register a charge over the interest of the alleged offender in land owned (whether solely or as a co‑owner) by the alleged offender for the amount due from time to time. (3) Any number of pecuniary sums or amounts due under expiation notices may be aggregated for the purposes of exercising powers under this section. (4) On receipt of an application under subsection (1) or (2), the Registrar‑General must enter an appropriate note in the Register Book or the Register of Crown Leases and, when that entry is made, a charge is created over the interest of the debtor or alleged offender in the land in favour of the Crown. (5) The effect of the charge is as follows: (a) the Registrar‑General must not, after entry of the note under subsection (4), register an instrument affecting the interest of the debtor or alleged offender in the land over which the charge exists unless— (i) the instrument— (A) was executed before the entry was made; or (B) has been executed under or pursuant to an agreement entered into before the entry was made; or (C) relates to an instrument registered before the entry was made; or (ii) the instrument is an instrument of a prescribed class; or (iii) the instrument is expressed to be subject to the operation of the charge; or (iv) the instrument is a duly stamped conveyance or transfer that results from the exercise of a power of sale under a mortgage, charge or encumbrance registered before the entry was made; (b) the Chief Recovery Officer (on behalf of the Crown) has the same powers in respect of the interest of the debtor or alleged offender in the land over which the charge exists as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage (and sections 132 to 135 (inclusive) and 136 of that Act apply accordingly as if the Officer were the mortgagee and the debtor or alleged offender were the mortgagor). (6) An instrument registered under subsection (5)(a)(i) or (ii) has effect, in relation to the charge, as if it had been registered before the entry was made. (7) If an instrument registered under subsection (5)(a) has the effect of conveying or transferring the interest of the debtor or alleged offender in the land to another person, the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must take whatever action the Registrar-General considers appropriate to give effect to the cancellation. (8) The Chief Recovery Officer will apply to the Registrar‑General, in the form determined by the Registrar‑General, to have the registration of a charge under this section cancelled— (a) on the pecuniary sum or amount due under the expiation notice being fully satisfied; or (b) if the Chief Recovery Officer considers, in the circumstances of the particular case, that it is just to do so, (and the Registrar‑General must then cancel the relevant entry). (9) Any fees incurred in relation to registration (or cancellation of registration) under this section are added to and form part of the pecuniary sum or amount due. (10) A person must, in accordance with the written request of the Chief Recovery Officer, produce to the Officer documents or other material in the possession of the person relating to the title of a debtor or alleged offender to real property owned by the debtor or alleged offender. Maximum pena