Queensland Consolidated Acts

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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 129

129 Revocation of fine option order

(1) The registrar may revoke a fine option order for which the registrar is given a fine option order breach notice if satisfied the relevant person concerned has contravened the order without reasonable excuse.

(2) However, the registrar must not revoke a fine option order under subsection (1) unless the registrar has first considered a report of the chief executive (corrective services) stating—

(a) how the relevant person has contravened the order; or
(b) that the chief executive (corrective services) is satisfied the relevant person can not perform work under the order or is otherwise not suitable to be engaged in work under a fine option order.

(3) When revoking a fine option order, the registrar may also revoke any other fine option orders made against the relevant person.

(4) The registrar must give notice of the revocation to the relevant person and may give the notice in the same way as for an enforcement order.

(5) The notice of revocation must state that the relevant person may apply under section 130 within a stated reasonable time, of at least 14 days, for a review of the decision to revoke the fine option order.

(6) The revocation of a fine option order does not take effect until the end of the period for applying for a review of the decision to revoke the order or, if the relevant person applies for a review under section 130, the end of the day the relevant court registrar decides under that section not to reinstate the fine option order.

(7) On the revocation of the fine option order taking effect under subsection (6)—

(a) the suspension of the relevant enforcement order ends; and
(b) the registrar may issue an enforcement warrant or an arrest and imprisonment warrant for the enforcement debtor for the unpaid amount stated in the fine option order breach notice.


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