The Chief Recovery Officer has specific powers in relation to debtors who have incurred fines and expiation notices for driving while unlicensed [see Fines Enforcement and Debt Recovery Act 2017 (SA) ss 16 and 21].
Where a debtor:
- has been found guilty of, or expiated on at least two occasions, an offence relating to driving unlicensed [see Motor Vehicles Act 1959 (SA) s 74]; and
- the debt payable relates, at least in part, to an offence of driving while unlicensed; and
- since committing the offence to which the debt relates:
- the debtor has not committed any further offences of driving while unlicensed; and
- has obtained a driver's licence
then the Chief Recovery Officer may, upon application of the debtor, waive all or part of the debt owing, or agree to enter into other arrangements with the debtor as contained in sections 15 and 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA).
See Fines Enforcement and Debt Recovery Act 2017 (SA) ss 16 and 21.
The Chief Recovery Officer cannot make a determination for a waiver of all or part of a debt if a similar determination has previously been made with the debtor [ss 16(2) and 21(2)].
This provision operates as an incentive for a driver, who has persistently driven unlicensed, to obtain a driver's licence which can then offset the debt they may owe for a driving unlicensed offence.
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