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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a) to allow the Sheriff to recoup all costs and expenses reasonably
incurred in the taking of enforcement action against a fine defaulter
(instead of only a single amount prescribed by the regulations),
(b) to ensure that a community service order made against a fine defaulter
is not suspended under the Principal Act during any period of periodic
detention of the fine defaulter,
(c) to ensure that when a fine enforcement order that applies to more than
one fine is withdrawn only to the extent of some of the fines to which
it applies it continues to have effect in respect of the remaining fines to
which it applies,
(d) to ensure that enforcement action against a fine defaulter (for example.
driver's licence suspension or cancellation) may continue until all
outstanding fines against the fine defaulter are satisfied,
(e) to include within the definition of a fine covered by the fine
enforcement procedures of the Principal Act, any professional costs
ordered by a court in proceedings brought by a law enforcement
officer,
(f) to transfer to the Principal Act provisions currently found in the
regulations under that Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Fines
Act 1996 set out in Schedule 1.
Schedule 1 Amendment of Fines Act 1996
Sheriff's enforcement costs
At present, enforcement costs incurred by the Sheriff in taking enforcement
action against a fine defaulter under Division 4 of Part 4 of the Principal Act
are prescribed by the regulations as a fixed amount (currently $50) payable
into the Consolidated Fund. It is proposed to insert a new section 76A into
the Act so as to allow the Sheriff to recoup any costs and expenses
reasonably incurred that are in excess of those prescribed costs (Schedule 1
[28]). Under section 57 (4), such enforcement costs, once approved by the
State Debt Recovery Office, form part of the fine. Consequential amendments
are made by Schedule 1 [8], [9], [14], [15], [18] and [19].
Non-suspension of community service order upon order for
periodic detention
It is proposed to amend section 84 of the Principal Act to ensure that a
community service order that is imposed on a fine defaulter under that Act is
not suspended during any period of periodic detention served by the fine
defaulter for any offence (Schedule 1 [29] and [30]).
Explanatory note page 2
Issue of subsequent warrant for imprisonment
It is proposed to amend section 89 of the Principal Act to clarify that a
warrant for imprisonment issued after the revocation of an order made under
an earlier warrant replaces that earlier warrant (rather than cancelling it) to
avoid any doubt being cast on the previous detention of the fine defaulter
under the earlier warrant (Schedule 1 [31]).
Information to be given to a fine defaulter
It is proposed to amend sections 9 and 27 of the Principal Act to clarify the
information required to be given in a written notice of a court-imposed fine
(Schedule 1 [7]) or a penalty reminder notice (Schedule 1 [12]). The
proposed amendments require notification of enforcement action that may be
taken (instead of the action that will be taken) under the Principal Act if the
amount is not paid by the due date as well as notification of the additional
enforcement costs that become payable if such enforcement action is taken.
Withdrawal or annulment of fine enforcement order relating to
more than one fine
It is proposed to amend sections 17 and 46 of the Principal Act to ensure that
when a court fine enforcement order that applies to more than one fine, or a
penalty notice enforcement order that applies to more than one penalty
notice. is withdrawn only to the extent of some of the fines or penalty notices
to which it applies. it continues to have effect in respect of any remaining
fines or penalty notices to which it applies (Schedule 1 [10] and [16]). A
similar amendment is proposed for section 52, which relates to the annulment
of a penalty notice enforcement order (Schedule 1 [17]). The revised
provisions will also enable amounts paid under the withdrawn or annulled
order to be applied to the payment of the remaining fines payable under the
order.
Enforcement action with respect to fine defaulter liable under
more than one fine enforcement order
It is proposed to amend section 66 of the Principal Act to ensure that the
State Debt Recovery Office has the power to direct the Roads and Traffic
Authority to continue enforcement action against a fine defaulter under
Division 3 of Part 4 until every fine payable by the fine defaulter has been
paid or satisfied (Schedule 1 [21]). It is also proposed to amend section 65 to
ensure that once all fines have been paid or satisfied, the State Debt Recovery
Office is obliged to direct the Roads and Traffic Authority to cease
enforcement action under the Division (Schedule 1 [20]).
Explanatory note page 3
Professional costs
It is proposed to amend section 4 of the Principal Act:
(a)
to include within the definition of a fine any professional costs and
witnesses' expenses payable under an order of a court in proceedings
for an offence brought by a law enforcement officer (Schedule 1 [3]),
and
(b)
to clarify that the existing reference to fees and charges payable under
a court order being within the definition of a fine applies only to court
fees and charges payable under such an order (Schedule 1 [2]).
It is also proposed to amend section 3 of the Principal Act to include a
definition of law enforcement officer (Schedule 1 [l]). At present, this
definition is found in the regulations. Consequential amendments are
proposed to sections 4 and 109 to provide that an amount will be recoverable
as a civil debt under Part 6 only if it is not prescribed as a fine under section
4 (Schedule 1 [4] and [32]). Consequential amendments are also proposed to
those sections to ensure that the term proceedings for an offence includes
proceedings for an apprehended violence order and proceedings on appeal
(Schedule 1 [5] and [32]).
Adjournment of examination of fine defaulter
It is proposed to amend section 75 of the Principal Act to ensure that, where a
fine defaulter is summoned to attend an examination before a specified
officer of the court (as opposed to the State Debt Recovery Office), the
officer may adjourn the examination (Schedule 1 [27]). Currently, only the
State Debt Recovery Office has this authority.
Provisions transferred from the regulations
The following provisions currently found in the regulations are proposed to
be transferred to the Principal Act:
(a)
provisions relating to the means by which written notice of a fine is to
be served on a person (Schedule 1 [6]),
(b)
provisions relating to the persons who may issue and deal with penalty
notices (Schedule 1 [11]),
(c)
provisions relating to the means by which a written statement stating
that a person elects to have a matter dealt with by a court is to be
served on the appropriate officer (Schedule 1 [13]),
(d)
provisions relating to the statutory provisions under which a penalty
notice is issued (Schedule 1 [33]).
Explanatory note page 4
Miscellaneous
The following amendments are also proposed:
(a) an amendment to clarify the process that occurs when a court or the
Roads and Traffic Authority suspends or cancels the driver's licence of
a fine defaulter whose driver's licence has already been suspended or
cancelled under Division 3 of Part 4 of the Principal Act (Schedule 1
[22]),
(b) amendments to clarify that civil enforcement action is to be taken
under Division 4 of Part 4 of the Principal Act only if enforcement
action under Division 3 of that Part is not available or has failed
(Schedule 1 [24] and [25]),
(c) amendments to effect minor law revision (Schedule 1 [23] and [26]),
(d) an amendment to allow regulations of a savings and transitional nature
to be made (Schedule 1 [34]).
Explanatory note page 5