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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FINES BILL 1999
Queensland
FINES BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Act does not apply to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Act binds State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--INFRINGEMENT NOTICES
Division 1--Service of infringement notices
6 Service of infringement notices--generally . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Service of infringement notices for infringement notice offences
involving vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Effect of this part on prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Liability for infringement notice offences involving
vehicles
9 Liability for infringement notice offences involving vehicle . . . . . . . . . . . . 12
10 Effect of illegal user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Effect of known user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Effect of sold vehicle declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Effect of unknown user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Alleged offender's obligations under infringement
notices
14 Ways alleged offender may deal with infringement notice . . . . . . . . . . . . . 15
15 Payment etc. of fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Application to pay fine by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Application for fine option order for infringement notice offence . . . . . . . . 17
2
Fines
18 If chief executive (corrective services) decides alleged offender
is suitable for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 When alleged offender can not elect to have offence decided by court . . . 19
20 When infringement notice offence is to be decided by court . . . . . . . . . . . 19
Division 4--Withdrawal of infringement notice
21 Administering authority may withdraw infringement notice . . . . . . . . . . . . 19
PART 3--REGISTRATION OF FINES, PENALTIES AND
CERTAIN OTHER COURT ORDERED DEBTS
Division 1--Registration of fines, penalties and certain other court
ordered debts
22 Registration of instalment payments for infringement notice . . . . . . . . . . . 20
23 Registration of unpaid fine, penalty or other debt . . . . . . . . . . . . . . . . . . . . . 21
24 Registration of fine option orders made by registrar . . . . . . . . . . . . . . . . . . . 22
25 Registration on default of court ordered fine option order . . . . . . . . . . . . . . 23
26 Cancellation of registration on withdrawal of infringement notice . . . . . . . 23
Division 2--Default
27 Default by person served with infringement notice . . . . . . . . . . . . . . . . . . . . 24
28 Default in paying instalment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Default of fine option order for infringement notice offence . . . . . . . . . . . . 25
PART 4--GENERAL PROVISIONS ABOUT FINE OPTION
ORDERS
30 Requirements of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Directions under fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Extension of period of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Community service to be performed cumulatively . . . . . . . . . . . . . . . . . . . . 27
34 Performance of community service to be credited against fine etc. . . . . . . 27
35 Payments and application of payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Failing to comply with fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Review of revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3
Fines
PART 5--ENFORCEMENT OF FINES, PENALTIES AND
OTHER COURT ORDERED DEBTS
Division 1--Enforcement
39 Issue of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Options under enforcement order
40 Application for time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
41 Application for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 If chief executive (corrective services) decides enforcement
debtor is suitable for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
43 Making and registration of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Election for court hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3--Default after enforcement order
45 Default after time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Default of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4--Suspension of drivers licence
47 Suspension of drivers licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5--Enforcement warrants
48 Issue of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
49 Procedure for issue of enforcement warrant redirecting earnings . . . . . . . . 40
50 When debt redirected under enforcement warrant . . . . . . . . . . . . . . . . . . . . 40
51 Payment to enforcement debtor despite redirection . . . . . . . . . . . . . . . . . . . 41
52 Discharge of the third person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
53 Enforcement debtor not to defeat enforcement warrant . . . . . . . . . . . . . . . . 41
54 Warrant imposing a charge on property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55 Effect of warrant imposing charge on property . . . . . . . . . . . . . . . . . . . . . . . 43
56 Order to set aside or restrain sale, etc. of charged property . . . . . . . . . . . . . 43
57 Dealing with charged or restrained property . . . . . . . . . . . . . . . . . . . . . . . . . 44
58 Power of entry to execute enforcement warrant . . . . . . . . . . . . . . . . . . . . . . 44
59 Cancelling, staying or varying enforcement warrants . . . . . . . . . . . . . . . . . . 45
60 Return of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 6--Other enforcement provisions
61 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
62 Powers under search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
4
Fines
63 Registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
64 When imprisonment is not an appropriate option . . . . . . . . . . . . . . . . . . . . . 47
65 Enforcement by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
66 Satisfaction of fine by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
67 Order of satisfaction of fines if arrest and imprisonment warrant issued . . . 50
68 Effect of particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
69 Effect of appeal on enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 7--Cancellation of certain enforcement orders
70 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
71 Applications for cancellation of enforcement orders . . . . . . . . . . . . . . . . . . 52
72 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
73 Appeal against refusal to cancel enforcement order . . . . . . . . . . . . . . . . . . . 53
74 Proceedings for offence if fine enforcement order cancelled . . . . . . . . . . . . 54
75 Provisions relating to cancellation of enforcement order . . . . . . . . . . . . . . . 54
Division 8--Content of certain notices, orders, warrants etc.
76 Instalment payment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
77 Enforcement certificate for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . 56
78 Enforcement certificate for fine under infringement notice . . . . . . . . . . . . . 56
79 Notice of intention to enforce an enforcement order . . . . . . . . . . . . . . . . . . 57
80 Notice of intention to suspend drivers licence . . . . . . . . . . . . . . . . . . . . . . . 59
81 Content of enforcement warrant for regular redirection . . . . . . . . . . . . . . . . 59
82 Content of enforcement warrant redirecting earnings . . . . . . . . . . . . . . . . . . 60
83 Content of enforcement warrant imposing a charge on property . . . . . . . . . 60
Division 9--General provisions
84 Service of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
85 Effect of suspension of drivers licence on vehicle insurance . . . . . . . . . . . . 61
86 Effect of orders and warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
87 Employees protected from dismissal or prejudice . . . . . . . . . . . . . . . . . . . . . 62
88 Application to correct mistake of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
89 Access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
90 Electronic transmission of particular documents . . . . . . . . . . . . . . . . . . . . . . 63
91 Power of person executing order or warrant to demand name and
address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
5
Fines
92 Enforcement costs and their allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 6--RECIPROCAL ENFORCEMENT OF FINES
93 Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
94 Declaration of reciprocating court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
95 Enforcement of Queensland fine by reciprocating court . . . . . . . . . . . . . . . . 66
96 Enforcement of fine imposed by reciprocating court . . . . . . . . . . . . . . . . . . 67
PART 7--THE OFFICE OF FINDER
97 Establishment of FINDER Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
98 Functions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
99 The FINDER charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
100 Registrar and other staff of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
101 Management of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
102 Information from commissioner of police service . . . . . . . . . . . . . . . . . . . . . 69
103 Registration of fine enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 8--MISCELLANEOUS
104 Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
105 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
106 Service of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
107 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
108 Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
109 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
110 Approval of forms by administering authority . . . . . . . . . . . . . . . . . . . . . . . . 74
111 Approval of other forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
112 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
113 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
114 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
115 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 9--TRANSITIONAL PROVISIONS
116 Amnesty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
117 Act applies to existing penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
118 Saving of court penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
119 Saving of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
6
Fines
120 Existing warrant of commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
121 Existing fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
122 Existing recognisances, bail and surety amounts . . . . . . . . . . . . . . . . . . . . . 78
123 Expiry of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 80
ACTS AMENDED
CROWN PROCEEDINGS ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 83
REFERENDUMS ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
TRANSPORT LEGISLATION AMENDMENT ACT 1997 . . . . . . . . . . . . . 95
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . . 96
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 98
REGULATIONS AMENDED
AMENDMENT OF NATURE CONSERVATION REGULATION 1994 . . . 98
AMENDMENT OF TRAFFIC REGULATION 1962 . . . . . . . . . . . . . . . . . . 98
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 100
DICTIONARY
1999
A BILL
FOR
An Act about the issue and enforcement of infringement notices and
the enforcement of fines and certain court ordered debts, and for
other purposes
s1 8 s5
Fines
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Fines Act 1999. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Dictionary
3. The dictionary in schedule 3 defines words used in this Act. 8
does not apply to children 9
Act
4.(1) This Act does not apply to a child within the meaning of the 10
Juvenile Justice Act 1992 other than to the extent it allows a child to pay a 11
fine stated in an infringement notice for an offence in full or by instalments 12
to an administering authority instead of being prosecuted for the offence. 13
(2) However, an enforcement order or warrant may not be issued under 14
this Act against a child within the meaning of the Juvenile Justice Act 1992. 15
binds State 16
Act
5. This Act binds the State and, as far as the legislative authority of the 17
Parliament permits, the Commonwealth and the other States. 18
s6 9 s6
Fines
PART 2--INFRINGEMENT NOTICES 1
1--Service of infringement notices 2
Division
of infringement notices--generally 3
Service
6.(1) If an authorised person believes, on reasonable grounds, a person 4
has committed an infringement notice offence (the "offence"), the person 5
may serve a notice (an "infringement notice") on the person (the "alleged 6
offender") for the offence. 7
(2) The infringement notice must be in the form approved by the 8
administering authority. 9
(3) The infringement notice must state the following-- 10
(a) a unique number; 11
(b) the date of the infringement notice; 12
(c) in relation to the alleged offender, unless the notice is served 13
under section 7(4) or a regulation otherwise provides-- 14
(i) the alleged offender's full name, or surname and any initial, 15
and address; or 16
(ii) the particulars that are, under a regulation, identifying 17
particulars for the alleged offender; 18
(d) in relation to the offence, particulars that are enough to show 19
clearly the nature of the offence, including the following-- 20
(i) if the offence is one prescribed under a regulation for this 21
paragraph--the identifying particulars prescribed under the 22
regulation for the offence; 23
(ii) if the offence took place over a period and did not involve a 24
vehicle--the period over which the offence was committed; 25
(iii) the place the offence was committed and, subject to 26
subparagraph (ii), the time and date of the offence; 27
(iv) if the offence involves a vehicle--the identifying particulars 28
prescribed under a regulation for the vehicle; 29
s7 10 s7
Fines
(v) if the offence involves an animal--the identifying particulars 1
prescribed under a regulation for the animal; 2
(e) the fine for the offence and how and where the fine may be paid; 3
(f) that the alleged offender must, within 28 days after the date of the 4
infringement notice-- 5
(i) pay the fine in full to the administering authority; or 6
(ii) apply to the administering authority to pay the fine by 7
instalments; or 8
(iii) apply to the chief executive (corrective services)1 for 9
conversion of the fine to hours of unpaid community service 10
under a fine option order; or 11
(iv) give to the administering authority a written election to have 12
the matter of the offence decided in a Magistrates Court; or 13
(v) if relevant--give to the administering authority an illegal user 14
declaration, a known or unknown user declaration or a sold 15
vehicle declaration for the vehicle for the offence; 16
(g) that the notice may be withdrawn before or after the fine is paid; 17
(h) if the offence involves a vehicle--the general effect of section 9.2 18
of infringement notices for infringement notice offences 19
Service
involving vehicles 20
7.(1) This section applies to an infringement notice offence involving a 21
vehicle. 22
(2) An infringement notice for the offence may be served-- 23
(a) on the owner of the vehicle; or 24
(b) on the person named in a known user declaration as the person 25
who was in charge of the vehicle at the relevant time; or 26
(c) on the person named in a sold vehicle declaration as the person to 27
1 For the definition of "chief executive (corrective services)", see the Corrective
Services (Administration) Act 1988, section 7(6).
2 Section 9 (Liability for infringement notice offence involving vehicle)
s8 11 s8
Fines
whom the vehicle had been sold or otherwise disposed of before 1
the relevant time. 2
(3) If the infringement notice is to be served by post, the notice may be 3
addressed to the person-- 4
(a) for the owner of the vehicle--at the latest address of the owner in 5
the register of vehicles kept under a registration Act; or 6
(b) for a person named in a known user declaration as the person in 7
charge of the vehicle at the relevant time--at the person's address 8
stated in the declaration; or 9
(c) for a person named in a sold vehicle declaration as the person to 10
whom the vehicle had been sold or otherwise disposed of before 11
the relevant time--at the person's address stated in the 12
declaration. 13
(4) Also, the infringement notice may be served by securely placing or 14
attaching the notice, addressed to the owner, without further description, on 15
or to the vehicle in a conspicuous position. 16
(5) If the infringement notice is served under subsection (4), it is taken to 17
have been served on the owner on the day it is placed on or attached to the 18
vehicle. 19
(6) A person must not remove, deface or interfere with an infringement 20
notice placed on or attached to a vehicle unless the person is the owner, or 21
the person in charge, of the vehicle at the relevant time. 22
Maximum penalty--40 penalty units. 23
(7) This section does not limit the ways an infringement notice may be 24
served on a person. 25
of this part on prosecution 26
Effect
8.(1) The fact that an infringement notice has been, or could be, served on 27
a person for an offence, does not affect the starting or continuation of a 28
proceeding against the person or anyone else in a court for the offence. 29
(2) This part does not-- 30
(a) require the serving of an infringement notice on a person; or 31
s9 12 s9
Fines
(b) limit or otherwise affect the penalty that may be imposed by a 1
court for an offence. 2
2--Liability for infringement notice offences involving vehicles 3
Division
for infringement notice offences involving vehicle 4
Liability
9.(1) If-- 5
(a) an infringement notice offence involving a vehicle happens; and 6
(b) an infringement notice for the offence is served on the person 7
who is the owner of the vehicle at the time of the offence; 8
the owner is taken to have committed the offence even though the actual 9
offender may have been someone else. 10
(2) If the actual offender is someone else, subsection (1) does not affect 11
the liability of the actual offender, but-- 12
(a) the owner and the actual offender can not both be punished for the 13
offence; and 14
(b) if a fine is paid or a penalty is imposed on 1 of them for the 15
offence--a further penalty must not be imposed on or recovered 16
from the other person for the offence. 17
(3) However, the owner must not be taken under subsection (1) to have 18
committed the offence if, within 28 days after the date of an infringement 19
notice or service of a summons for the offence, the owner makes and gives 20
to the administering authority an illegal user declaration, a known or 21
unknown user declaration or a sold vehicle declaration for the vehicle for the 22
offence. 23
(4) The declaration must be made by-- 24
(a) if the owner is an individual--the owner; or 25
(b) if the owner is a corporation--an executive officer of the 26
corporation or the responsible operator. 27
(5) A declaration by an executive officer of a corporation must be under 28
the common seal of the corporation. 29
s 10 13 s 11
Fines
of illegal user declaration 1
Effect
10.(1) This section applies if-- 2
(a) an offence involving a vehicle happens; and 3
(b) an infringement notice for the offence is served on the person 4
who is the owner of the vehicle at the relevant time; and 5
(c) the person makes and gives to the administering authority an 6
illegal user declaration for the vehicle. 7
(2) In a proceeding for the offence against the owner, a court must not 8
find the owner guilty of the offence if it is satisfied, whether on the 9
statements contained in the declaration or otherwise, the vehicle was stolen 10
or illegally taken at the relevant time. 11
of known user declaration 12
Effect
11.(1) This section applies if-- 13
(a) an offence involving a vehicle happens; and 14
(b) an infringement notice for the offence is served on the person 15
who is the owner of the vehicle at the relevant time; and 16
(c) the person makes and gives to the administering authority a 17
known user declaration for the vehicle. 18
(2) This section and section 93 apply as if the person named in the 19
declaration as the person in charge of the vehicle at the relevant time (the 20
"user") were the owner of the vehicle at that time. 21
(3) A proceeding for the offence may be started against the user only if a 22
copy of the declaration has been served on the user. 23
(4) In a proceeding for the offence against the user, the declaration is 24
evidence that the person was in charge of the vehicle at the relevant time. 25
(5) In a proceeding for the offence against the owner of the vehicle, a 26
court must not find the owner guilty of the offence if it is satisfied, whether 27
on the statements contained in the declaration or otherwise, the user or 28
someone else was in charge of the vehicle at the relevant time. 29
3 Section 9 (Liability for infringement notice offences involving vehicle)
s 12 14 s 13
Fines
of sold vehicle declaration 1
Effect
12.(1) This section applies if-- 2
(a) an offence involving a vehicle happens; and 3
(b) an infringement notice for the offence is served on the person 4
who is the owner of the vehicle at the relevant time; and 5
(c) the person makes and gives to the administering authority a sold 6
vehicle declaration for the vehicle. 7
(2) This section and section 94 apply as if the person named in the 8
declaration as the person to whom the vehicle was sold or otherwise 9
disposed of (the "buyer") were the owner of the vehicle from the time of 10
the sale or disposal. 11
(3) A proceeding for the offence may be started against the buyer only if 12
a copy of the declaration has been served on the buyer. 13
(4) In a proceeding for the offence against the buyer, the declaration is 14
evidence that the person was the owner of the vehicle at the relevant time. 15
(5) In a proceeding for the offence against the owner of the vehicle, a 16
court must not find the owner guilty of the offence if it is satisfied, whether 17
on the statements contained in the declaration or otherwise, the owner had 18
sold or disposed of the vehicle before the relevant time. 19
of unknown user declaration 20
Effect
13.(1) This section applies if-- 21
(a) an offence involving a vehicle happens; and 22
(b) an infringement notice for the offence is served on the person 23
who is the owner of the vehicle at the relevant time; and 24
(c) the owner makes and gives to the administering authority an 25
unknown user declaration for the vehicle. 26
(2) In a proceeding for the offence against the owner, a court must not 27
find the owner guilty of the offence if it is satisfied, whether on the 28
statements contained in the declaration or otherwise-- 29
4 Section 9 (Liability for infringement notice offences involving vehicle)
s 14 15 s 15
Fines
(a) that-- 1
(i) if the owner is an individual--the owner was not in charge 2
of the vehicle at the relevant time; or 3
(ii) if the owner is a corporation--the vehicle was not being used 4
for the purposes of the corporation at the relevant time; and 5
(b) that the inquiries made to find out the name and address of the 6
person who was in charge of the vehicle at the relevant time-- 7
(i) were reasonable in the circumstances; and 8
(ii) were carried out with appropriate diligence. 9
3--Alleged offender's obligations under infringement notices 10
Division
alleged offender may deal with infringement notice 11
Ways
14. If an infringement notice is served on an alleged offender for an 12
offence, the alleged offender must, within 28 days after the date of the 13
infringement notice-- 14
(a) pay the fine in full to the administering authority; or 15
(b) apply to the administering authority to pay the fine by instalments; 16
or 17
(c) apply to the chief executive (corrective services) for conversion of 18
the fine to hours of unpaid community service under a fine option 19
order; or 20
(d) give to the administering authority an election to have the matter 21
of the offence decided in a Magistrates Court; or 22
(e) if relevant--give to the administering authority an illegal user 23
declaration, a known or unknown user declaration or a sold 24
vehicle declaration for the vehicle for the offence. 25
etc. of fine 26
Payment
15.(1) The alleged offender must not be prosecuted in a court for the 27
offence if the alleged offender-- 28
s 16 16 s 16
Fines
(a) pays the fine as required by the infringement notice, including by 1
instalments; or 2
(b) performs unpaid community service for the offence as required 3
under a fine option order. 4
(2) Subsection (1) applies even though more than 1 infringement notice 5
has been served on the alleged offender for the offence. 6
(3) If full or part payment of the fine is made by cheque and the cheque is 7
dishonoured on presentation, payment is taken not to have been made 8
until-- 9
(a) the cheque is honoured on presentation; or 10
(b) payment in cash or in another way acceptable to the administering 11
authority is made in place of the cheque. 12
(4) This section is subject to section 21.5 13
to pay fine by instalments 14
Application
16.(1) Within 28 days after the date of an infringement notice, the alleged 15
offender may apply to the administering authority in the approved form for 16
approval to pay the fine by instalments. 17
(2) The approved form must include a written statement of the 18
consequences of not paying instalments. 19
(3) The application must be accompanied by-- 20
(a) the first instalment; and 21
(b) a statutory declaration to the effect that the alleged offender has 22
read the statement of the consequences of not paying instalments 23
and agrees to pay the instalments; and 24
(c) a statutory declaration verifying the name and address of the 25
applicant and any other information that may be prescribed under 26
a regulation. 27
(4) If the application complies with subsection (3), the administering 28
5 Section 21 (Administering authority may withdraw infringement notice)
s 17 17 s 17
Fines
authority must grant the application and give the prescribed particulars to 1
FINDER for registration under section 22.6 2
for fine option order for infringement notice offence 3
Application
17.(1) Within 28 days after the date of an infringement notice, the alleged 4
offender may apply to the chief executive (corrective services) in the 5
approved form for conversion of the fine to hours of unpaid community 6
service under a fine option order. 7
(2) The approved form must include a statement of the consequences of 8
not complying with a fine option order. 9
(3) The application must be accompanied by a statutory declaration to the 10
effect that the alleged offender read the statement of the consequences of not 11
complying with a fine option order and agrees to comply with the fine 12
option order, if made. 13
(4) The chief executive (corrective services) must decide whether the 14
alleged offender is suitable for performing community service under a fine 15
option order. 16
(5) For deciding whether the alleged offender is suitable for performing 17
community service under a fine option order, the alleged offender must 18
attend the corrective services office most convenient to the alleged offender. 19
(6) Without limiting the matters the chief executive (corrective services) 20
may take into account under subsection (4), a person is taken not to be 21
suitable for performing community service if that chief executive considers 22
the alleged offender can pay the full fine, including by instalments. 23
(7) If the chief executive (corrective services) decides the alleged offender 24
is not suitable for performing community service under a fine option order, 25
that chief executive must inform the alleged offender-- 26
(a) of the decision; and 27
(b) if the time for taking other action in relation to the infringement 28
notice has not ended--that the alleged offender may take the other 29
action within the time available or, if the time available is less than 30
7 days after the alleged offender is given notice of the decision, 31
6 Section 22 (Registration of instalment payments for infringement notice)
s 18 18 s 18
Fines
within that 7 days; and 1
(c) if the time for taking other action in relation to the infringement 2
notice has ended--that the alleged offender may, within 7 days 3
after the alleged offender is given notice of the decision, take the 4
other action. 5
(8) The chief executive (corrective services) must also advise the 6
administering authority of the decision. 7
(9) Subsection (7)(b) and (c) apply even though the time for taking the 8
other action ends more than 28 days after the date of the infringement 9
notice. 10
chief executive (corrective services) decides alleged offender is 11
If
suitable for fine option order 12
18.(1) If the chief executive (corrective services) decides an alleged 13
offender is suitable for performing community service under a fine option 14
order, that chief executive must-- 15
(a) give FINDER written notice of-- 16
(i) the decision; and 17
(ii) the number of hours of unpaid community service the 18
alleged offender must perform to satisfy the fine;7 and 19
(iii) the supervising corrective services office for the order; and 20
(b) give the administering authority written notice of the decision; and 21
(c) ask the administering authority to give to FINDER particulars of 22
the unpaid amount of the fine and any other particulars prescribed 23
under a regulation that are necessary to identify the alleged 24
offender and the infringement notice. 25
(2) As soon as practicable after receiving written notice of the decision, 26
the administering authority must give the prescribed particulars to FINDER 27
for registration under section 24.8 28
7 The number of hours is worked out by dividing the amount of the fine by the
cut-out rate for fine option orders.
8 Section 24 (Registration of fine option orders made by registrar)
s 19 19 s 21
Fines
alleged offender can not elect to have offence decided by court 1
When
19.(1) This section applies if a person served with an infringement 2
notice-- 3
(a) pays the fine to the administering authority; or 4
(b) applies to the administering authority to pay the fine by 5
instalments; or 6
(c) applies to the chief executive (corrective services) for conversion 7
of the fine to hours of unpaid community service under a fine 8
option order and that chief executive decides the person is suitable 9
for performing community service under a fine option order. 10
(2) The person may not elect to have the matter decided by a Magistrates 11
Court. 12
infringement notice offence is to be decided by court 13
When
20.(1) If, within 28 days after the date of an infringement notice, an 14
alleged offender-- 15
(a) elects under section 149 to have the matter of the offence decided 16
by a Magistrates Court; or 17
(b) takes no action under section 14; 18
a proceeding for the offence may be started under the Justices Act 1886. 19
(2) Subsection (1)(b) does not prevent the administering authority from 20
giving FINDER prescribed particulars of the offence for registration under 21
part 3.10 22
4--Withdrawal of infringement notice 23
Division
authority may withdraw infringement notice 24
Administering
21.(1) An administering authority may withdraw an infringement notice 25
at any time before the fine is paid or otherwise discharged under this Act. 26
9 Section 14 (Ways alleged offender may deal with infringement notice)
10 Part 3 (Registration of fines, penalties and certain other court ordered debts)
s 22 20 s 22
Fines
(2) For the withdrawal to be effective, the administering authority must-- 1
(a) serve on the alleged offender a withdrawal notice in the approved 2
form; and 3
(b) repay to the alleged offender any amount paid to the administering 4
authority for the offence; and 5
(c) if prescribed particulars of the infringement notice offence are 6
registered under part 3--give to FINDER a copy of the 7
withdrawal notice. 8
(3) On complying with subsection (2)-- 9
(a) this Act, other than this part, stops applying to the infringement 10
notice offence; and 11
(b) a proceeding for the offence may be taken against any person 12
(including the alleged offender) as if the notice had not been 13
served on the alleged offender. 14
PART 3--REGISTRATION OF FINES, PENALTIES 15
AND CERTAIN OTHER COURT ORDERED DEBTS 16
Division 1--Registration of fines, penalties and certain other court 17
ordered debts 18
of instalment payments for infringement notice 19
Registration
22.(1) If an administering authority grants an application by a person 20
served with an infringement notice to pay the fine by instalments, the 21
administering authority must give to FINDER, for registration, the 22
prescribed particulars of the offence and of the unpaid amount of the fine. 23
(2) No registration fee is payable for registering the particulars. 24
(3) The registrar must register the particulars as soon as practicable after 25
receiving them. 26
(4) On registration-- 27
s 23 21 s 23
Fines
(a) FINDER becomes responsible for the collection of the unpaid 1
amount of, and may collect, the fine; and 2
(b) the registrar must give to the person an instalment payment 3
notice.11 4
of unpaid fine, penalty or other debt 5
Registration
23.(1) This section applies if a court does any of the following under any 6
Act-- 7
(a) fines a person for an offence; 8
(b) orders a person pay to someone else an amount by way of 9
restitution or compensation under the Penalties and Sentences 10
Act 1992, part 3, division 4;12 11
(c) orders that an amount of bail or a recognisance be forfeited 12
under-- 13
(i) for bail--the Bail Act 1980; or 14
(ii) for a recognisance--the Penalties and Sentences Act 1992, 15
part 3, division 1;13 16
(d) orders a person to pay a stated amount under the Crown 17
Proceedings Act 1980, section 13 or 14.14 18
(2) If all or part of the fine or other amount remains unpaid after the time 19
allowed by the court or the court registrar, the court registrar may give to 20
FINDER, for registration, the prescribed particulars of the unpaid amount. 21
(3) No registration fee is payable for registering the particulars. 22
(4) The registrar of FINDER must register the particulars as soon as 23
practicable after receiving them. 24
11 See section 76 (Instalment payment notice).
12 Penalties and Sentences Act 1992, part 3 (Releases, restitution and
compensation), division 4 (Orders for restitution and compensation)
13 Penalties and Sentences Act 1992, part 3 (Releases, restitution and
compensation), division 1 (Orders to release certain offenders)
14 Crown Proceedings Act 1980, see sections 13 (Recovery of debts due by
recognisance) and 14 (Recovery of amount undertaken by surety).
s 24 22 s 24
Fines
(5) On registration-- 1
(a) FINDER becomes responsible for the collection of, and may 2
collect, the unpaid amount; but 3
(b) any default penalty ordered by the court for the unpaid amount 4
continues to apply to the person. 5
(6) Also, the registrar of FINDER may issue an enforcement warrant 6
against the person concerned for the unpaid amount. 7
(7) Subsection (2) applies unless the person is ordered to be imprisoned 8
under the Penalties and Sentences Act 1992, section 39 or 185A.15 9
of fine option orders made by registrar 10
Registration
24.(1) This section applies to particulars given to FINDER under 11
section 18.16 12
(2) The registrar must-- 13
(a) register the particulars as soon as practicable after receiving them; 14
and 15
(b) make a fine option order for the person named in the particulars; 16
and 17
(c) register the fine option order as soon as practicable after it is 18
made. 19
(3) The registrar must also give to the person named in the fine option 20
order notice of the making of the order and its terms. 21
(4) The fine option order-- 22
(a) takes effect on its registration; and 23
15 Penalties and Sentences Act 1992, section 39 (Directions for enforcing order of
imprisonment) or 185A (Arrest and imprisonment of offender or registration under
Fines Act 1999 for non-payment of penalty under ss 182A and 185)
16 Section 18 (If chief executive (corrective services) decides alleged offender is
suitable for fine option order)
s 25 23 s 26
Fines
(b) suspends the infringement notice so far as it requires the payment 1
of the fine. 2
(5) No registration fee is payable for registering the particulars. 3
on default of court ordered fine option order 4
Registration
25.(1) If a court makes a fine option order for a person for an offence 5
under the Penalties and Sentences Act 1992, and a proper officer of a court 6
revokes the order under section 74 of that Act,17 the proper officer may give 7
to FINDER, for registration, the prescribed particulars of the fine option 8
order, including particulars about the extent to which the order is satisfied. 9
(2) No registration fee is payable for registering the particulars. 10
(3) The registrar must register the particulars as soon as practicable after 11
receiving them. 12
(4) On registration, FINDER becomes responsible for collecting, and 13
may collect, the unpaid amount of the fine for which the fine option order 14
was made. 15
(5) Also, the registrar may issue an enforcement order against the person 16
for the unpaid amount. 17
of registration on withdrawal of infringement notice 18
Cancellation
26.(1) If an administering authority gives to FINDER a copy of a 19
withdrawal notice under section 2118 and particulars of the offence stated in 20
the notice are registered under this part, the registrar must, as soon as 21
practicable after receiving the notice-- 22
(a) cancel the registration of the prescribed particulars; and 23
(b) refund to the person any amount paid to FINDER by the person 24
for the offence; and 25
(c) if the person has performed community service for the offence 26
under a fine option order--pay to the person, as compensation for 27
17 Penalties and Sentences Act 1992, section 74 (Failing to comply with a
requirement of an order)
18 Section 21 (Administering authority may withdraw infringement notice)
s 27 24 s 27
Fines
the community service performed, an amount worked out at the 1
relevant cut-out rate for the order, rounded to the nearest whole 2
dollar. 3
(2) The person is not entitled to compensation for performing 4
community service other than compensation under subsection (1)(c). 5
2--Default 6
Division
by person served with infringement notice 7
Default
27.(1) If a person on whom an infringement notice is served has not, 8
within 28 days after the date of the infringement notice-- 9
(a) paid the fine in full to the administering authority; or 10
(b) applied to the administering authority to pay the fine by 11
instalments; or 12
(c) applied to the chief executive (corrective services) for conversion 13
of the fine to hours of unpaid community service under a fine 14
option order; or 15
(d) given to the administering authority a written election to have the 16
matter of the offence decided in a Magistrates Court; or 17
(e) if relevant--given to the administering authority an illegal user 18
declaration, a known or unknown user declaration or a sold 19
vehicle declaration for the vehicle for the offence; 20
an authorised person may give an enforcement certificate to FINDER. 21
(2) The enforcement certificate must be accompanied by the registration 22
fee. 23
(3) However, an enforcement certificate must not be given to the registrar 24
after the end of the time within which a person may start a prosecution for 25
the offence. 26
(4) The registrar must register the enforcement certificate as soon as 27
practicable after it is received. 28
(5) On registration of the enforcement certificate-- 29
(a) the registrar must register, as the unpaid fine for the offence, the 30
s 28 25 s 29
Fines
total of the unpaid fine and the registration fee; and 1
(b) FINDER becomes responsible for the collection of, and may 2
collect, the unpaid amount. 3
(6) After an enforcement certificate is given to the registrar under 4
subsection (1), a proceeding against the person for the offence may be 5
started in a court only under part 5.19 6
in paying instalment 7
Default
28.(1) If a person served with an infringement notice fails to pay an 8
instalment under an instalment payment notice within the time allowed, the 9
registrar may-- 10
(a) cancel the instalment payment notice without notice to the person; 11
and 12
(b) register, as the unpaid fine for the offence, the total of the unpaid 13
amount and the registration fee. 14
(2) On cancellation of the instalment payment notice, the registrar must 15
issue to the person an enforcement order for the total of the unpaid amount. 16
of fine option order for infringement notice offence 17
Default
29.(1) This section applies to a fine option order made for a person 18
served with an infringement notice. 19
(2) If the chief executive (corrective services) considers the person has 20
failed to comply with the order, that chief executive may give to FINDER a 21
report stating how the person has failed to comply with the order. 22
(3) The registrar may revoke the order under section 37.20 23
19 Part 5 (Enforcement of fines, penalties and other court ordered debts)
20 Section 37 (Revocation of fine option order)
s 30 26 s 31
Fines
ART 4--GENERAL PROVISIONS ABOUT FINE 1
P
OPTION ORDERS 2
of fine option order 3
Requirements
30.(1) A fine option order must contain requirements that the person 4
named in the order (the "relevant person")-- 5
(a) report to an authorised corrective services officer at the place, and 6
within the time, stated in the order; and 7
(b) perform the community service directed by an authorised 8
corrective services officer-- 9
(i) for the number of hours stated in the order; and 10
(ii) at the times directed by the officer; and 11
(iii) in a way satisfactory to the officer; and 12
(c) comply with each reasonable direction of an authorised corrective 13
services officer; and 14
(d) report to, and receive visits from, an authorised corrective services 15
officer as directed by the officer; and 16
(e) notify an authorised corrective services officer of a change of the 17
relevant person's place of residence or employment within 18
2 business days after the change happens; and 19
(f) must not leave or stay out of Queensland without the permission 20
of an authorised corrective services officer. 21
(2) The number of hours of community service stated in a fine option 22
order under subsection (1)(b)(i) must be performed within 1 year, or 23
another time allowed in the order, after the making of the order. 24
(3) A direction given under subsection (1)(b)(ii) applies to all fine option 25
orders made for the relevant person by the registrar on the same day. 26
under fine option order 27
Directions
31. A direction given by an authorised corrective services officer under a 28
fine option order must, as far as practicable, avoid-- 29
s 32 27 s 34
Fines
(a) conflicting with the relevant person's religious beliefs; and 1
(b) interfering with any times during which the relevant person 2
usually works or attends a school or other educational or training 3
establishment; and 4
(c) interfering with the relevant person's family responsibilities. 5
of period of fine option order 6
Extension
32.(1) The registrar may extend the period allowed for complying with a 7
fine option order. 8
(2) An application for the extension-- 9
(a) must be made to FINDER; and 10
(b) may be made by the relevant person or an authorised corrective 11
services officer. 12
(3) The application may be decided in the absence of the relevant person. 13
service to be performed cumulatively 14
Community
33.(1) All community service required to be performed by a relevant 15
person under a fine option order is to be performed cumulatively with any 16
community service required to be performed under a community service 17
order or a fine option order made for the person by a court under another 18
Act. 19
(2) If 2 or more fine option orders that require a relevant person to 20
perform community service are in force at the same time, the community 21
service must be performed in the sequence in which the orders were made. 22
of community service to be credited against fine etc. 23
Performance
34. If a relevant person performs community service under a fine option 24
order, the unpaid amount to which the fine option order relates is to be 25
reduced by an amount worked out by multiplying the hours of community 26
service performed by the relevant cut-out rate for the order. 27
s 35 28 s 35
Fines
and application of payments 1
Payments
35.(1) This section applies if, because of this Act, an infringement notice 2
or an enforcement order is suspended on the making of a fine option order. 3
(2) Subject to subsection (3) and despite the suspension of-- 4
(a) the infringement notice so far as it requires the payment of the 5
fine; or 6
(b) the enforcement order so far as it requires the payment of the 7
unpaid amount stated in the order; 8
the fine or unpaid amount, or a part of either of them, may be paid. 9
(3) The fine or other amount must be paid to FINDER. 10
(4) If, after a fine option order is made, payment of part of the fine or 11
amount originally required to be paid is made, the payment must be 12
applied-- 13
(a) to any fine payable under an infringement notice; or 14
(b) if the payment relates to an amount ordered to be paid by a 15
court-- 16
(i) first, to any amount (other than a fine) required to be paid 17
under the order; and 18
(ii) then, if the payment relates to a fine, to the amount of the 19
fine. 20
(5) Also, if after a fine option order is made, a payment is applied to the 21
fine or amount to which the order relates, the number of hours of 22
community service required to be performed by a relevant person under the 23
order is the number worked out by applying the relevant cut-out rate to the 24
unpaid amount of the fine, expressed in hours and rounded down to the 25
nearest whole number. 26
27
Examples for subsection (5)--
28
1. If a court fines a person $150 and the person pays $100, the number of hours of
29
community service to be performed for the unpaid amount of $50 is, if the cut-out
30
rate is 10 hours of unpaid community service for each penalty unit of $75, two-thirds
31
of the value of a penalty unit or, expressed in hours and rounded down, 6 hours.
32
2. If a court fines a person $150 and the person pays $50, the number of hours of
33
community service to be performed for the unpaid amount of $100 is, if the cut-out
s 36 29 s 37
Fines
1
rate is 10 hours of unpaid community service for each penalty unit of $75, 1.3 times
2
the value of a penalty unit or, expressed in hours, 13 hours.
to comply with fine option order 3
Failing
36.(1) If, while a fine option order is in force, an authorised corrective 4
services officer ("supervisor"), or a person authorised for the purpose of 5
this section by the chief executive (corrective services) (also a 6
"supervisor") reasonably believes the relevant person has contravened a 7
requirement of the order, the supervisor may give to the relevant person a 8
notice under this section requiring the relevant person-- 9
(a) to stop contravening the order; or 10
(b) to give the supervisor a reasonable explanation for the 11
contravention within a stated time, of at least 5 days but not more 12
than 14 days. 13
(2) The notice must-- 14
(a) be in the approved form; and 15
(b) state the particulars of the contravention. 16
(3) A notice under subsection (1) may relate to 2 or more fine option 17
orders, whether or not the community service that is required to be 18
performed by the relevant person under any of the orders is to be 19
performed-- 20
(a) at the same time as community service is to be performed by the 21
person under another of the orders; or 22
(b) after community service required to be performed under any of 23
the orders has been performed by the person. 24
(4) If the supervisor is not satisfied the explanation given is a reasonable 25
explanation, the supervisor must give to FINDER an enforcement certificate 26
for registration under this Act. 27
(5) The registrar must register the enforcement certificate. 28
of fine option order 29
Revocation
37.(1) The registrar may revoke a fine option order for which the 30
registrar is given an enforcement certificate under section 36 if satisfied the 31
s 37 30 s 37
Fines
relevant person concerned has failed, without reasonable excuse, to comply 1
with the order. 2
(2) However, the registrar must not revoke a fine option order under 3
subsection (1) unless the registrar has first considered a report from the 4
chief executive (corrective services) stating-- 5
(a) how the relevant person has failed to comply with the order; or 6
(b) that the chief executive (corrective services) is satisfied the 7
relevant person can not perform work under the order or is 8
otherwise not suitable to be engaged in work under a fine option 9
order. 10
(3) When revoking a fine option order, the registrar may also revoke any 11
other fine option orders made against the relevant person. 12
(4) The registrar must give notice of the revocation to the relevant person 13
and may give the notice in the same way as for an enforcement order. 14
(5) The notice of revocation must state that the relevant person may apply 15
to the registrar under section 38 within a stated reasonable time, of at least 16
14 days, for a review of the decision to revoke the fine option order. 17
(6) The revocation of a fine option order does not take effect until the 18
period for applying for a review of the decision to revoke the order ends. 19
(7) On revocation of the fine option order, the registrar must register, as 20
the unpaid amount for the fine or other amount for which the order was 21
made, the total of the money value of the hours of unpaid community 22
service not performed, rounded down to the nearest whole dollar, and the 23
registration fee. 24
(8) For enforcing payment of the unpaid amount, the registrar may-- 25
(a) for a fine option order made under section 24 21--issue an 26
enforcement order for the unpaid amount; or 27
(b) for a fine option order made for an amount stated in an 28
enforcement order--issue an enforcement warrant or an arrest 29
and imprisonment warrant for the enforcement debtor. 30
21 Section 24 (Registration of fine option orders made by registrar)
s 38 31 s 39
Fines
of revocation of fine option order 1
Review
38.(1) A person dissatisfied by a decision to revoke a fine option order 2
made for the person may, within the time stated in a notice of revocation of 3
the fine option order, apply in writing to the registrar for a review of the 4
revocation. 5
(2) The application must state the reasons why the fine option order 6
should be reinstated. 7
(3) If the relevant person applies for a review of the decision to revoke 8
the fine option order, the operation of the revocation is suspended until the 9
application is decided. 10
(4) If the registrar is satisfied the fine option order should not have been 11
revoked, the registrar may reinstate the fine option order. 12
(5) The registrar may review a decision to revoke a fine option order in 13
the absence of, and without notice to, the applicant for the review. 14
(6) A decision of the registrar on the review is final. 15
ART 5--ENFORCEMENT OF FINES, PENALTIES 16
P
AND OTHER COURT ORDERED DEBTS 17
1--Enforcement 18
Division
of enforcement order 19
Issue
39.(1) This section applies if-- 20
(a) the registrar registers an enforcement certificate for a person; or 21
(b) this Act expressly authorises the registrar to issue an enforcement 22
order against a person. 23
(2) The registrar must, in writing, order the person ("enforcement 24
debtor") to pay the amount stated in the order to FINDER within 28 days 25
after the date of the order. 26
(3) The amount stated in the order ("enforcement order") must be-- 27
s 39 32 s 39
Fines
(a) the amount that on registration of the enforcement certificate was 1
registered as the unpaid fine for an offence; or 2
(b) the amount for which the registrar was expressly authorised to 3
issue the order. 4
(4) Also, the amount stated in the enforcement order as the unpaid 5
amount for an infringement notice offence involving a vehicle must be the 6
total of the unpaid amount of the fine and the amount prescribed under a 7
regulation as the cost of establishing ownership of the vehicle for issuing the 8
notice. 9
(5) The order may be made in the absence of, and without notice to, the 10
enforcement debtor. 11
(6) An enforcement order must state that if the enforcement debtor does 12
not pay the amount stated in the order within the 28 days-- 13
(a) the registrar may issue an enforcement warrant for the stated 14
amount; and 15
(b) if the warrant is not fully satisfied and the enforcement debtor is 16
an individual--the enforcement debtor may be imprisoned for the 17
period stated in the order. 18
(7) The enforcement order must include the following notices-- 19
(a) a notice of intention to enforce the order; 20
(b) for an order relating to an infringement notice offence involving a 21
vehicle--a notice of intention to suspend the enforcement debtor's 22
drivers licence. 23
(8) The period of imprisonment that may be stated in an enforcement 24
order-- 25
(a) must be the period worked out by dividing the amount stated in 26
the order by the relevant cut-out rate, rounded down to the nearest 27
whole number and expressed as a number of days; and 28
(b) must not be more than-- 29
(i) the maximum period of imprisonment a court may impose 30
on a person convicted of the offence, in default of payment 31
of a penalty equal to the amount owing for the offence; or 32
(ii) for an enforcement order relating to an amount a surety must 33
s 40 33 s 40
Fines
pay under an order of a court under the Crown Proceedings 1
Act 1980--the maximum period of imprisonment a court 2
may impose on the person under that Act. 3
2--Options under enforcement order 4
Division
for time to pay 5
Application
40.(1) Within 28 days after the date of an enforcement order, an 6
enforcement debtor may apply to FINDER in the approved form for either 7
of the following-- 8
(a) an extension of time to pay the amount stated in the order; 9
(b) unless the order is made because the person failed to pay an 10
instalment--approval to pay the amount stated in the order by 11
instalments. 12
(2) The approved form must include a statement of the consequences of 13
failing to pay the unpaid amount within the time allowed, including by 14
instalments. 15
(3) The application must be accompanied by-- 16
(a) a statutory declaration to the effect that the enforcement debtor has 17
read the statement of the consequences of not paying the unpaid 18
amount, including by instalments; and 19
(b) a statutory declaration verifying the name and address of the 20
enforcement debtor and any other information that may be 21
prescribed under a regulation. 22
(4) However, an application under subsection (1) can not be made after 23
the issue of an enforcement warrant for the amount stated in the 24
enforcement order. 25
(5) The registrar may-- 26
(a) extend the time to pay the stated amount by a stated period, of not 27
more than 28 days; or 28
(b) allow the stated amount to be paid by stated instalments, of not 29
less than an amount prescribed under a regulation. 30
s 41 34 s 41
Fines
(6) The registrar must give to the enforcement debtor written notice of the 1
decision. 2
for fine option order 3
Application
41.(1) Within 28 days after the date of an enforcement order, an 4
enforcement debtor may apply to the chief executive (corrective services) in 5
the approved form for conversion of the amount stated in the order to hours 6
of unpaid community service under a fine option order. 7
(2) The approved form must include a statement of the consequences of 8
not complying with a fine option order. 9
(3) The application must be accompanied by a statutory declaration to the 10
effect that the enforcement debtor read the statement of the consequences of 11
not complying with a fine option order and agrees to comply with the fine 12
option order, if made. 13
(4) However, an application under this section can not be made-- 14
(a) if the enforcement debtor has contravened a previous fine option 15
order for the same offence; or 16
(b) after the issue of an enforcement warrant for the amount stated in 17
the enforcement order. 18
(5) Also, an application under this section can not be made if the 19
enforcement debtor has previously applied for and been refused a fine 20
option order for the same offence on the ground that the person could pay 21
the fine, unless the chief executive (corrective services) is satisfied that the 22
person's financial position has become significantly worse. 23
(6) The chief executive (corrective services) must decide whether the 24
enforcement debtor is suitable for performing community service under a 25
fine option order. 26
(7) For deciding whether the enforcement debtor is suitable for 27
performing community service under a fine option order, the enforcement 28
debtor must attend the corrective services office most convenient to the 29
enforcement debtor. 30
(8) Without limiting the matters the chief executive (corrective services) 31
may take into account under subsection (6), an enforcement debtor is taken 32
not to be suitable for performing community service if that chief executive 33
s 42 35 s 42
Fines
considers the enforcement debtor can pay the total amount unpaid, including 1
by instalments. 2
(9) If the chief executive (corrective services) decides the enforcement 3
debtor is not suitable for performing community service under a fine option 4
order, that chief executive must give the enforcement debtor written 5
notice-- 6
(a) of the decision; and 7
(b) if the time for taking other action under the enforcement order has 8
not ended--that the enforcement debtor may take the other action 9
within the time available or, if the time available is less than 10
7 days, within that 7 days; and 11
(c) if the time for taking other action under the enforcement order has 12
ended--that the enforcement debtor may, within 7 days after the 13
enforcement debtor is given notice of the decision, take the other 14
action. 15
(10) The chief executive (corrective services) must also give FINDER 16
written notice of the decision. 17
(11) Subsection (9)(b) and (c) apply, even though the time for taking the 18
action ends more than 28 days after the date of the enforcement order. 19
chief executive (corrective services) decides enforcement debtor is 20
If
suitable for fine option order 21
42. If the chief executive (corrective services) decides an enforcement 22
debtor is suitable for performing community service under a fine option 23
order, that chief executive must give FINDER written notice of-- 24
(a) the decision; and 25
(b) the number of hours of unpaid community service the 26
enforcement debtor must perform to satisfy the unpaid amount 27
stated in the enforcement order;22 and 28
(c) the supervising corrective services office for the order. 29
22 The number of hours is worked out by dividing the unpaid amount by the cut-out
rate for fine option orders.
s 43 36 s 44
Fines
and registration of fine option order 1
Making
43.(1) If the chief executive (corrective services) informs FINDER an 2
enforcement debtor is suitable for performing community service under a 3
fine option order, the registrar may make a fine option order for the 4
enforcement debtor. 5
(2) However, the registrar must not make a fine option order under 6
subsection (1) if the enforcement order was issued because of the failure of 7
the person concerned to comply with a previous fine option order for the 8
same offence. 9
(3) The registrar must-- 10
(a) register the fine option order as soon as practicable after it is 11
made; and 12
(b) give to the enforcement debtor notice of the making of the fine 13
option order and its terms. 14
(4) The fine option order-- 15
(a) takes effect on its registration; and 16
(b) suspends the enforcement order so far as it requires the payment 17
of the unpaid amount stated in the order. 18
for court hearing 19
Election
44.(1) If, within 28 days after the date of an enforcement order made 20
against an enforcement debtor for an infringement notice offence for which 21
the fine is unpaid, the enforcement debtor-- 22
(a) elects under an enforcement order to have the matter of the 23
offence decided in a Magistrates Court; or 24
(b) takes no action under section 40 or 41;23 25
a proceeding for the offence may be started under the Justices Act 1886. 26
(2) If the enforcement debtor elects to have the matter of the offence 27
decided in a Magistrates Court, any order under this part for the offence 28
stops having effect. 29
23 Section 40 (Application for time to pay) or 41 (Application for fine option order)
s 45 37 s 47
Fines
(3) The registrar must notify the enforcement debtor and the relevant 1
administering authority that this part no longer applies to the offence. 2
Division 3--Default after enforcement order 3
after time to pay 4
Default
45.(1) If an enforcement debtor fails to pay an amount stated in an 5
enforcement order within 28 days after the date of the order or the later time 6
allowed under section 40, the registrar may issue an enforcement warrant or 7
an arrest and imprisonment warrant for the enforcement debtor for the 8
balance of the unpaid amount stated in the enforcement order. 9
(2) Provisions for the issue of the enforcement warrant are stated in 10
division 5. 11
(3) If the registrar decides to issue an arrest and imprisonment warrant, 12
the warrant must be for the arrest and imprisonment of the enforcement 13
debtor for the period stated in the warrant worked out for the unpaid amount 14
in the same way as the period of imprisonment for an amount stated in an 15
enforcement order is worked out under section 39(8). 16
of fine option order 17
Default
46.(1) This section applies if an authorised person gives to FINDER an 18
enforcement certificate for a fine option order made for an amount stated in 19
an enforcement order. 20
(2) The registrar must register the certificate as soon as practicable after it 21
is received. 22
Division 4--Suspension of drivers licence 23
of drivers licence 24
Suspension
47.(1) This section applies if-- 25
(a) under an enforcement order, an enforcement debtor is given 26
notice of intention to suspend a drivers licence; and 27
s 48 38 s 48
Fines
(b) the offence to which the notice relates involved a vehicle; and 1
(c) the person has a drivers licence; and 2
(d) either-- 3
(i) the person does not pay the unpaid amount stated in the 4
notice within 28 days after the date of the order or the further 5
time allowed under section 40;24 or 6
(ii) the registrar issues an enforcement warrant or an arrest and 7
imprisonment warrant under section 45.25 8
(2) The enforcement debtor's drivers licence is suspended by force of 9
this Act. 10
(3) The licence is suspended until the enforcement debtor pays the unpaid 11
amount or the amount is otherwise discharged under this Act. 12
(4) Despite any other Act, the suspension operates to suspend the drivers 13
licence of an enforcement debtor who holds a drivers licence issued in 14
another State while the person is in Queensland. 15
(5) A renewal or replacement of a licence suspended under this section 16
does not affect the suspension. 17
(6) Also, the suspension of a drivers licence under this section does not 18
affect the powers a court or another person may exercise under another Act 19
to suspend or cancel the licence. 20
5--Enforcement warrants 21
Division
of enforcement warrant 22
Issue
48.(1) This section applies-- 23
(a) if-- 24
(i) the unpaid amount stated in an enforcement order is not paid 25
within 28 days after the date of the order or the further time 26
24 Section 40 (Application for time to pay)
25 Section 45 (Default after time to pay)
s 48 39 s 48
Fines
allowed under section 40;26 and 1
(ii) if relevant--the enforcement debtor has not elected under 2
section 44 27 to have the matter of an offence decided in a 3
Magistrates Court; or 4
(b) if this Act expressly authorises the registrar to issue an 5
enforcement warrant for an unpaid amount. 6
(2) The registrar may issue a warrant ("enforcement warrant") for the 7
amount. 8
(3) An enforcement warrant may be a warrant-- 9
(a) to seize and sell real and personal property in which the 10
enforcement debtor has a legal or beneficial interest; or 11
(b) to redirect all or part of a debt owed to the enforcement debtor; or 12
(c) to redirect all or part of the earnings of the enforcement debtor; or 13
(d) imposing a charge on property. 14
(4) An enforcement warrant-- 15
(a) must be in the approved form; and 16
(b) must be directed to all enforcement officers; and 17
(c) must state the date and time of issue and the date, within 18
3 months after the warrant's issue, the warrant ends. 19
(5) An enforcement warrant may be renewed by the registrar for a period 20
of not more 3 months at any one time, from the date the warrant ends. 21
(6) On the issue of an enforcement warrant, the amount owing by the 22
enforcement debtor is increased to the total of the amount unpaid before the 23
warrant was issued and the execution fee prescribed under a regulation. 24
(7) A copy of the enforcement warrant must be served on the 25
enforcement debtor. 26
26 Section 40 (Application for time to pay)
27 Section 44 (Election for court hearing)
s 49 40 s 50
Fines
for issue of enforcement warrant redirecting earnings 1
Procedure
49.(1) The registrar may issue an enforcement warrant for the redirection 2
of the enforcement debtor's earnings only if the enforcement debtor gives to 3
the registrar a written application for, or written consent to, the redirection of 4
the earnings. 5
(2) Also, the registrar may issue an enforcement warrant for the 6
redirection of the enforcement debtor's earnings only if the registrar is 7
satisfied about the following-- 8
(a) the enforcement debtor is employed and the enforcement debtor's 9
employer has been identified; 10
(b) the enforcement debtor has sufficient means of satisfying the 11
unpaid amount after deducting-- 12
(i) the necessary living expenses of the enforcement debtor and 13
the enforcement debtor's dependants; and 14
(ii) any other known liabilities of the enforcement debtor; 15
(c) the amount of earnings to be redirected would not impose 16
unreasonable hardship on the enforcement debtor; 17
(d) having regard to the availability of other enforcement means, the 18
issue of the warrant would be consistent with the public interest in 19
enforcing payment of the unpaid amount efficiently and 20
expeditiously. 21
debt redirected under enforcement warrant 22
When
50.(1) An enforcement warrant authorising redirection of a debt 23
belonging to an enforcement debtor from a third person must be served on 24
the third person to have effect. 25
(2) When the third person is served with the warrant, the debt is 26
redirected in the hands of the third person to FINDER to the extent of the 27
amount stated in the warrant. 28
(3) However, this section does not limit the right of-- 29
(a) the third person to dispute liability to pay all or part of the debt to 30
the enforcement debtor; or 31
(b) another interested person including, for example, a person other 32
s 51 41 s 53
Fines
than an enforcement debtor, to claim an entitlement to all or a part 1
of the debt or to a charge or lien on it. 2
(4) This section does not apply to a regular redirection of a regular debt 3
belonging to an enforcement debtor from a financial institution. 4
to enforcement debtor despite redirection 5
Payment
51.(1) This section applies if, after redirection of a debt in the hands of a 6
third person-- 7
(a) the third person acts with reasonable diligence to give effect to the 8
redirection; and 9
(b) despite the third person acting with reasonable diligence, the third 10
person deals with the redirected debt in a way that satisfies, as 11
between the third person and the enforcement debtor, all or part of 12
the redirected debt, including, for example, by payment to the 13
enforcement debtor. 14
(2) The registrar may order that, for this part, the redirected debt be 15
reduced to the extent of its satisfaction. 16
of the third person 17
Discharge
52.(1) A payment to FINDER made by a third person in compliance 18
with an enforcement warrant is a valid discharge of the person's liability to 19
the enforcement debtor to the extent of the amount paid. 20
(2) Subsection (1) applies even if after payment the enforcement warrant 21
is cancelled. 22
debtor not to defeat enforcement warrant 23
Enforcement
53.(1) This section applies if-- 24
(a) an enforcement debtor has an account with a financial institution; 25
and 26
(b) another person (a "depositor") regularly deposits an amount in 27
the nature of earnings into the account (a "regular deposit"). 28
(2) An enforcement debtor who is served with a copy of a warrant for 29
s 54 42 s 54
Fines
redirection of an amount from a financial institution account must ensure 1
that enough funds remain in the enforcement debtor's account at the 2
financial institution after each regular deposit for the deduction from the 3
account of the amount stated in the warrant. 4
(3) An enforcement debtor who is served with a copy of a warrant for 5
redirection of an amount from a financial institution account must notify 6
FINDER if-- 7
(a) the depositor discontinues regular payments in the nature of 8
earnings to the enforcement debtor; or 9
(b) the enforcement debtor closes the account or arranges for the 10
depositor to pay the enforcement debtor in another way. 11
(4) An enforcement debtor who contravenes subsection (2) or (3) with 12
intent to defeat an enforcement warrant commits an offence. 13
Maximum penalty for subsection (4)--20 penalty units. 14
imposing a charge on property 15
Warrant
54.(1) The registrar may issue an enforcement warrant imposing a charge 16
on property for partnership property only if the registrar has given the 17
partners-- 18
(a) notice of intention to issue the warrant; and 19
(b) at least 10 days to give reasons why the warrant should not be 20
issued. 21
(2) An enforcement warrant imposing a charge on property may charge 22
all or part of the enforcement debtor's legal or equitable interest in 1 or more 23
of the following-- 24
(a) annuities; 25
(b) debentures; 26
(c) stocks; 27
(d) bonds; 28
(e) shares; 29
(f) marketable securities; 30
s 55 43 s 56
Fines
(g) prescribed interests; 1
(h) units of-- 2
(i) shares; or 3
(ii) marketable securities; or 4
(iii) interests prescribed under a regulation. 5
(3) If 1 or more of the enforcement debtor's partners reside in the State 6
and 1 or more reside outside the State, service on each partner who resides 7
in the State is sufficient service on any partner who resides outside the State. 8
of warrant imposing charge on property 9
Effect
55.(1) An enforcement warrant imposing a charge on property entitles 10
FINDER to the same remedies as FINDER would have had if the charge 11
had been made in FINDER's favour by the enforcement debtor. 12
(2) However, FINDER may not take proceedings to obtain a remedy in 13
relation to particular charged property until-- 14
(a) the enforcement warrant imposing the charge on property is 15
served on the enforcement debtor and the person who issued or 16
administers the property; and 17
(b) 21 days have passed since paragraph (a) was complied with. 18
to set aside or restrain sale, etc. of charged property 19
Order
56.(1) The registrar may apply to the Supreme Court for an order 20
restraining the sale or other dealing with property charged under an 21
enforcement warrant imposing a charge on property. 22
(2) The Supreme Court may restrain the sale or other dealing, unless to 23
do so would prejudice the rights or interests of a genuine purchaser or 24
chargee without notice. 25
(3) Also, the Supreme Court may-- 26
(a) order that property mentioned in the order must not be sold or 27
otherwise dealt with; or 28
(b) order that property mentioned in the order be sold or otherwise 29
dealt with only in a stated way or circumstance. 30
s 57 44 s 58
Fines
(4) In addition, the Supreme Court may set aside any sale or other 1
dealing with property charged under an enforcement warrant imposing a 2
charge on property, unless to do so would prejudice the rights or interests of 3
a genuine purchaser or chargee without notice. 4
with charged or restrained property 5
Dealing
57.(1) An enforcement debtor who-- 6
(a) is served with a copy of a warrant imposing a charge on property 7
or an order made under section 56; and 8
(b) knowingly contravenes the warrant or restraining order by 9
concealing, selling or otherwise dealing with the property; 10
commits an offence. 11
Maximum penalty--200 penalty units or 3 years imprisonment. 12
(2) A person who-- 13
(a) is served with a copy of a warrant imposing a charge on property 14
or an order made under section 56; and 15
(b) issued or administers the charged property; 16
must not sell or otherwise deal with the property. 17
Maximum penalty--200 penalty units or 3 years imprisonment. 18
(3) If, despite subsection (2), the person who issued or administers the 19
charged property sells, transfers or otherwise deals with the property, the 20
person is liable to FINDER for the value or amount of the charged property 21
dealt with or the order debt, whichever is smaller. 22
of entry to execute enforcement warrant 23
Power
58.(1) An enforcement officer may, at any reasonable time of the day or 24
night, enter any premises stated in an enforcement warrant for the purposes 25
of executing the warrant. 26
(2) However, an enforcement officer may enter a part of premises used 27
only for residential purposes only if the occupier consents to the entry or 28
entry is authorised under a search warrant. 29
s 59 45 s 60
Fines
staying or varying enforcement warrants 1
Cancelling,
59.(1) An enforcement debtor may apply to the registrar for the 2
cancellation, stay or variation of all or part of an enforcement warrant, 3
including because of facts that arise or are discovered after the warrant was 4
issued. 5
(2) The application must state the facts relied on by the enforcement 6
debtor. 7
(3) The registrar may, by order, cancel, stay or vary an enforcement 8
warrant, whether or not on an application under subsection (1). 9
(4) If the registrar cancels, stays or varies an enforcement warrant-- 10
(a) for regular redirection of a debt owing to the enforcement 11
debtor--the registrar must serve notice of the order on the 12
enforcement debtor and the financial institution named in the 13
warrant; or 14
(b) for redirection of the enforcement debtor's earnings--the registrar 15
must serve notice of the order on the enforcement debtor's 16
employer. 17
(5) An order varying an enforcement warrant does not come into force 18
until the end of 7 days after the day on which it is served on the financial 19
institution. 20
of enforcement warrant 21
Return
60.(1) An enforcement officer must give to the registrar a return of the 22
warrant. 23
(2) The return of an enforcement warrant must be made by giving the 24
original warrant to the registrar with a certificate written on or attached to it 25
signed by the enforcement officer and stating what was done to enforce the 26
warrant. 27
s 61 46 s 62
Fines
Division 6--Other enforcement provisions 1
warrant 2
Search
61.(1) If an enforcement officer reasonably believes there may be in any 3
premises property that may be seized under an enforcement warrant, the 4
enforcement officer may apply to a magistrate or a justice of the peace 5
(magistrates court) for the issue of a warrant under this section (a "search 6
warrant"). 7
(2) The magistrate or justice (the "issuer") may refuse to consider the 8
application until the enforcement officer gives the issuer all the information 9
the issuer requires about the application in the way the issuer requires. 10
11
Example--
12
The issuer may require additional information about the application to be given by
13
statutory declaration.
(3) The issuer may issue the warrant only if satisfied there are reasonable 14
grounds for believing there is in the premises property an enforcement 15
officer may seize under an enforcement warrant. 16
(4) The warrant must state-- 17
(a) that a stated enforcement officer, or all enforcement officers, may 18
enter the place and exercise the powers under section 62; and 19
(b) if the warrant is to be executed at night--the hours when the place 20
may be entered; and 21
(c) the warrant ends 7 days after it is issued. 22
under search warrant 23
Powers
62.(1) An enforcement officer has the following powers under a search 24
warrant-- 25
(a) power to enter stated premises and to stay on the premises for the 26
time reasonably necessary to exercise the power in paragraph (b); 27
(b) power to search for and seize any property the enforcement 28
officer may seize under an enforcement warrant; 29
(c) power to use reasonable help and force for paragraphs (a) and (b). 30
s 63 47 s 64
Fines
(2) However, an enforcement officer does not have power under this 1
section to seize property under any warrant of execution or order, other than 2
an enforcement warrant under this Act, while the person is in premises only 3
under a search warrant under this Act. 4
of interests 5
Registration
63.(1) If the registrar issues an enforcement warrant, the registrar may 6
also register with the registrar of titles or any other person required or 7
permitted to keep a register about dealing with property-- 8
(a) if the total amount stated in the warrant is more than $1 000--an 9
interest in land; or 10
(b) in any case--an interest in any other property, for example, a 11
vehicle. 12
(2) On registration of an interest in land or other property, the amount of 13
the interest becomes a charge on the land or other property ranking in 14
priority according to the time of its registration. 15
(3) Subsection (2) applies subject to any other Act. 16
imprisonment is not an appropriate option 17
When
64.(1) This section applies if-- 18
(a) an enforcement warrant has been issued for an enforcement 19
debtor for an unpaid amount; and 20
(b) apart from imprisonment, all possible steps have been taken 21
under this Act to recover the unpaid amount; and 22
(c) the registrar is satisfied-- 23
(i) the enforcement debtor is not suitable for performing 24
community service under a fine option order; and 25
(ii) the enforcement debtor can not pay or continue to pay all or 26
part of the unpaid amount; and 27
(iii) in the particular circumstances, it would be inappropriate to 28
enforce the payment of the amount by issuing an arrest and 29
imprisonment warrant for the enforcement debtor. 30
s 64 48 s 64
Fines
(2) The registrar may-- 1
(a) if the unpaid amount for which the enforcement warrant was 2
issued was registered under section 23 28 after the making of an 3
order by a court--by order, refer the enforcement debtor to the 4
court that made the order to be further dealt with according to law; 5
or 6
(b) order that the enforcement debtor must be of good behaviour, 7
with or without sureties, for the period, of not longer than 3 years, 8
stated in the order. 9
(3) Before making an order under subsection (2), the registrar must give 10
the enforcement debtor 7 days written notice of intention to make the order. 11
(4) The notice must state-- 12
(a) the order the registrar intends to make and the consequences of 13
the order; and 14
(b) if the order is to be made under subsection (2)(b)--the order can 15
not be made without the enforcement debtor's consent; and 16
(c) that if the registrar does not make the order, the registrar may 17
issue an arrest and imprisonment warrant for the enforcement 18
debtor for the unpaid amount. 19
(5) In making an order under subsection (2)(b), the registrar may impose 20
any additional conditions the registrar considers appropriate. 21
(6) If the registrar makes an order under subsection (2)(a), the registrar 22
must refer prescribed particulars of the enforcement debtor to the relevant 23
court. 24
(7) On the making of an order under subsection (2)(a), any enforcement 25
warrant for the enforcement debtor stops having effect. 26
(8) If it is proved to the satisfaction of the registrar that the enforcement 27
debtor has contravened an order made under subsection (2)(b), the registrar 28
may, without notice to the enforcement debtor, issue an arrest and 29
imprisonment warrant for the enforcement debtor for the total of the unpaid 30
amount. 31
28 Section 23 (Registration of unpaid fine, penalty or other debt)
s 65 49 s 66
Fines
(9) The warrant must be for the arrest and imprisonment of the 1
enforcement debtor for the period, stated in the warrant, worked out for the 2
unpaid amount in the same way as the period of imprisonment for an 3
amount stated in an enforcement order is worked out under section 39(8).29 4
by imprisonment 5
Enforcement
65.(1) This section applies only if, after attempting to enforce an 6
enforcement warrant against an enforcement debtor, the registrar is satisfied 7
the unpaid amount under the enforcement warrant can not be satisfied in any 8
other way authorised under this Act. 9
(2) The registrar may issue an arrest and imprisonment warrant for the 10
arrest and imprisonment of the enforcement debtor for the period, stated in 11
the warrant, worked out for the unpaid amount in the same way as the 12
period of imprisonment for an amount stated in an enforcement order is 13
worked out under section 39(8). 14
(3) However, the warrant stops having effect if the amount unpaid under 15
an enforcement warrant is paid before the enforcement debtor is 16
imprisoned. 17
(4) The warrant must be directed to all police officers. 18
(5) The period of imprisonment an enforcement debtor must serve under 19
the warrant is cumulative on any other period of imprisonment the debtor 20
must serve under any other warrant or an order of a court. 21
of fine by imprisonment 22
Satisfaction
66.(1) If a person serves the total period of imprisonment under any 23
arrest and imprisonment warrant under this Act, the unpaid amount stated in 24
the warrant is taken to be satisfied. 25
(2) If a person pays part of the unpaid amount stated in an enforcement 26
warrant before the person is imprisoned under an arrest and imprisonment 27
warrant, the warrant has effect as if the period of imprisonment stated in it 28
were the balance remaining to be paid divided by the relevant cut-out rate, 29
expressed in whole days rounded down. 30
29 Section 39 (Issue of enforcement order)
s 67 50 s 67
Fines
1
Example for subsection (2)--
2
B is fined $1 000 and ordered to serve 14 days imprisonment if the fine is not paid.
3
Before B is imprisoned, B pays $600 of the fine. If the cut-out rate is $75, the period
4
for which B may be imprisoned is reduced to 5 days.
(3) If a person who is imprisoned under an arrest and imprisonment 5
warrant wants to pay the balance of the unpaid amount stated in the warrant, 6
the balance is the amount worked out by multiplying the number of days 7
remaining to be served by the relevant cut-out rate. 8
9
Example for subsection (3)--
10
B is imprisoned for 16 days for failing to pay a fine of $1 000. After serving 5 days
11
imprisonment, B decides to pay the balance of the amount. If the cut-out rate is $60,
12
B must pay $660.
(5) On the satisfaction of the unpaid amount under this section, the 13
person's imprisonment ends and the person must be released. 14
of satisfaction of fines if arrest and imprisonment warrant 15
Order
issued 16
67.(1) This section applies if any arrest and imprisonment warrant under 17
this Act is issued for an enforcement debtor for an unpaid amount 18
consisting of a fine and another amount or amounts. 19
(2) If the enforcement debtor pays all or part of the unpaid amount, the 20
amount paid is to be applied as follows-- 21
(a) to discharge any amount ordered to be paid by way of restitution 22
or compensation; 23
(b) to discharge any amount of costs, fees or charges; 24
(c) to discharge the fine. 25
(3) If the enforcement debtor is imprisoned, the period of imprisonment 26
discharges the unpaid amount in the following order-- 27
(a) the amount of the fine; 28
(b) any amount of costs, fees or charges; 29
(c) any amount ordered to be paid by way of restitution or 30
compensation. 31
s 68 51 s 69
Fines
of particular proceedings 1
Effect
68.(1) If-- 2
(a) a person served with an infringement notice pays the amount 3
owing under an enforcement order for the offence in full; or 4
(b) an enforcement warrant is executed against a person served with 5
an infringement notice for the amount owing under an 6
enforcement order for the offence; 7
the proceedings that may be brought against, and the penalties that may be 8
imposed on, the person for the offence are limited to proceedings and 9
penalties that could be brought or imposed if the person had already been 10
convicted of, and punished for, the offence. 11
(2) Subsection (1)(a) stops applying if the enforcement order is 12
withdrawn or cancelled after the amount is paid. 13
(3) The making of the enforcement order is not a conviction for the 14
offence. 15
(4) Payment of an amount for the offence is not an admission for any 16
civil or criminal proceeding arising out of the event for which the 17
infringement notice was issued. 18
(5) The Governor may remit all or part of an unpaid amount stated in an 19
enforcement order, whether or not any part of the amount is payable to 20
someone other than the State, and on the remission the enforcement order 21
stops having effect to the extent of the remission. 22
of appeal on enforcement order 23
Effect
69.(1) This section applies if, after an enforcement order is made for a 24
penalty imposed by a court for an offence, the enforcement debtor appeals 25
against the conviction or sentence for the offence. 26
(2) The registrar must ensure that any steps taken under this Act to 27
enforce the enforcement order are discontinued immediately and no further 28
action is taken under this Act for the penalty for the offence until the matter 29
of the appeal is decided. 30
(3) The appeal has the effect of suspending the enforcement order. 31
(4) If a drivers licence is suspended under this part, the suspension stops 32
s 70 52 s 71
Fines
having effect. 1
(5) If the appeal is upheld, the registrar must refund to the enforcement 2
debtor any amount paid to FINDER for the offence. 3
(6) However, if the appeal is dismissed, the registrar may continue to 4
enforce the enforcement order. 5
Division 7--Cancellation of certain enforcement orders 6
of div 7 7
Application
70. This division applies to enforcement orders for infringement notice 8
offences ("relevant enforcement orders"). 9
for cancellation of enforcement orders 10
Applications
71.(1) A person may apply in writing to FINDER for the cancellation of 11
a relevant enforcement order for either of the following reasons-- 12
(a) the person did not receive-- 13
(i) the infringement notice; or 14
(ii) the enforcement order; or 15
(iii) the notice of intention to suspend a drivers licence; or 16
(iv) any reminder notice the relevant administering authority sent 17
to the person about the infringement notice; 18
(b) the person was hindered by accident, illness, misadventure or 19
another similar reason from taking action in relation to the 20
infringement notice. 21
(2) The application must be made within 1 year after the making of the 22
relevant enforcement order. 23
(3) A person must not, without the approval of the registrar, make more 24
than 1 application in relation to the same matter. 25
s 72 53 s 73
Fines
on application 1
Decision
72.(1) The registrar may cancel a relevant enforcement order only if the 2
registrar is satisfied of the reason stated in the application. 3
(2) For subsection (1), the registrar may ask the applicant to give to the 4
registrar any information prescribed under a regulation that will help the 5
registrar decide the application. 6
(3) The registrar may deal with the application in the absence of the 7
applicant, unless the registrar otherwise decides. 8
(4) If the registrar cancels the relevant enforcement order, the registrar 9
must, in the approved form ("referral notice"), refer the matter of the 10
offence to a Magistrates Court to be dealt with under section 73, unless the 11
amount payable under the enforcement order is paid on the cancellation of 12
the order. 13
(5) The registrar must give to the applicant notice of the decision. 14
against refusal to cancel enforcement order 15
Appeal
73.(1) If, after considering an application to cancel an enforcement order, 16
the registrar refuses to cancel the order, the applicant may apply in writing to 17
a Magistrates Court to have the original application decided by the court. 18
(2) The application must be filed with the registrar of the court ("court 19
registrar"). 20
(3) The court registrar must, as soon as practicable, refer the matter to the 21
court and notify the applicant and the registrar of when and where the 22
application is to be decided. 23
(4) The court may make any decision about the application that the 24
registrar could have made. 25
(5) The court may decide the application in the absence of the applicant if 26
the court is satisfied the applicant is avoiding service of the notice or can not, 27
after reasonable search and inquiry, be found. 28
(6) Also, the court may decide the application if it is satisfied that no 29
party to the application will be prejudiced by the non-service of, or any error 30
or omission in, the referral notice. 31
s 74 54 s 75
Fines
for offence if fine enforcement order cancelled 1
Proceedings
74.(1) A Magistrates Court must hear and decide a matter to which a 2
cancelled enforcement order relates as if no relevant enforcement order had 3
previously been made. 4
(2) The court may hear and decide the matter immediately or at a later 5
sitting of the court. 6
(3) The court must not hear and decide the matter if the amount payable 7
under the infringement notice to which it relates is paid on cancellation of 8
the order. 9
(4) The court may also make an order for costs. 10
(5) For hearing and deciding a matter under this section, the application 11
for the order and any attachment or certificate is taken-- 12
(a) to be a complaint in relation to the offence; and 13
(b) to have been filed when it was made; and 14
(c) to have been filed by the authorised person who served the 15
relevant infringement notice. 16
(6) The authorised person who served the infringement notice, or an 17
appropriate officer nominated by that person, is taken to be the complainant. 18
relating to cancellation of enforcement order 19
Provisions
75.(1) On an application under section 71 or 72,30 the registrar or a 20
Magistrates Court may stay enforcement action under a relevant 21
enforcement order on the conditions the registrar or the court considers 22
appropriate. 23
(2) An application may be made for the cancellation of a relevant 24
enforcement order for 1 or more of the infringement notices to which it 25
relates. 26
(3) An application may be made for the cancellation of 2 or more relevant 27
enforcement orders. 28
(4) If a relevant enforcement order is cancelled in relation to 1 or more, 29
30 Section 71 (Applications for cancellation of enforcement orders) or 72 (Decision
on application)
s 76 55 s 76
Fines
but not all, of the infringement notices to which it relates, the enforcement 1
order continues to have effect for the remaining infringement notices. 2
(5) A relevant enforcement order that is cancelled stops having effect on 3
the making of the order cancelling it and any enforcement action already 4
taken must, if practicable, be reversed. 5
(6) If a relevant enforcement order is cancelled-- 6
(a) enforcement costs are not payable for the issue of the order; and 7
(b) any amount that has been paid under the order is repayable to the 8
person by whom it was paid; and 9
(c) the period within which a proceeding for the offence to which the 10
order relates may be started for the matter under the Justices 11
Act 1886 or any other Act starts on the day the order is cancelled. 12
Division 8--Content of certain notices, orders, warrants etc. 13
payment notice 14
Instalment
76. A notice of registration of an application to pay a fine by instalments 15
("instalment payment notice") must be in the approved form and state the 16
following-- 17
(a) the full name and address of the person liable to pay the 18
instalments; 19
(b) the offence; 20
(c) the unpaid amount of the fine; 21
(d) the amount to be paid for each instalment; 22
(e) when each instalment must be paid; 23
(f) if instalment payments are not made as required, the registrar may 24
cancel the instalment payment notice without further notice; 25
(g) if the instalment payment notice is cancelled-- 26
(i) a registration fee prescribed under a regulation, of the same 27
value as the enforcement notice filing fee, will be added to 28
the unpaid amount; and 29
s 77 56 s 78
Fines
(ii) the person will be not be given another opportunity to pay 1
the penalty by instalments; 2
(h) anything else prescribed under a regulation. 3
certificate for fine option order 4
Enforcement
77. A certificate for enforcing a fine converted to a fine option order (an 5
"enforcement certificate") must be in the approved form and state the 6
following-- 7
(a) the name of the person liable to perform unpaid community 8
service under the order; 9
(b) the offence or offence; 10
(c) if relevant--the infringement notice number; 11
(d) how many hours of unpaid community service the person 12
performed under the order; 13
(e) the total amount owing because the person did not comply with 14
the fine option order.31 15
certificate for fine under infringement notice 16
Enforcement
78. A certificate (also an "enforcementcertificate") for enforcing a fine 17
under an infringement notice must be in the approved form and state the 18
following-- 19
(a) the name of the person liable to pay the fine; 20
(b) the offence; 21
(c) an infringement notice was, on a stated day, served on the alleged 22
offender for the offence; 23
(d) before the certificate was given, the alleged offender did not-- 24
(i) pay to the administering authority the amount stated in the 25
notice as the unpaid amount for the offence; or 26
31 This is the total of the money value of the community service not performed and
the registration fee.
s 79 57 s 79
Fines
(ii) apply to the administering authority to pay the fine by 1
instalments; or 2
(iii) apply to the chief executive (corrective services) for the 3
conversion of the fine to hours of unpaid community 4
service; 5
(iv) give to the administering authority a written election to have 6
the matter of the offence decided in a Magistrates Court; 7
(e) a proceeding has not been started against the alleged offender for 8
the offence; 9
(f) a proceeding against the alleged offender for the offence has not 10
been withdrawn under section 21.32 11
of intention to enforce an enforcement order 12
Notice
79.(1) A notice of intention to enforce an enforcement order must be in 13
the approved form and state the following-- 14
(a) the name of the person against whom it is intended to enforce the 15
order; 16
(b) if relevant--the offence; 17
(c) if the enforcement order relates to an infringement notice--the 18
infringement notice number; 19
(d) the amount owing. 20
(2) The notice must also inform the person of the following-- 21
(a) that the person must, in relation to the offence-- 22
(i) pay the full amount to FINDER within 28 days after the date 23
of the notice; or 24
(ii) apply to FINDER to pay the amount by instalments; or 25
(iii) if no fine option order has been made for the amount--apply 26
to the chief executive (corrective services) for conversion of 27
the amount to hours of unpaid community service; 28
32 Section 21 (Administering authority may withdraw infringement notice)
s 79 58 s 79
Fines
(iv) if the notice relates to an infringement notice offence--give 1
to the administering authority a written election to have the 2
matter of the offence decided in a Magistrates Court; 3
(b) that if the person does not take action under paragraph (a), the 4
registrar may-- 5
(i) issue an arrest and imprisonment warrant for the person for 6
the period necessary to discharge the total of the unpaid 7
amount, the warrant issue fee and the enforcement officer's 8
costs; 9
(ii) issue an enforcement warrant authorising an enforcement 10
officer to seize and sell real and personal property in which 11
the person has a legal or beneficial interest, to satisfy the 12
amount unpaid, the warrant issue fee and the enforcement 13
officer's fee; or 14
(iii) issue an enforcement warrant for the redirection of all or part 15
of a debt owed to the person or for the regular redirection of 16
all or part of a regular debt; or 17
(iv) on the application, or with the consent, of the person--issue 18
an enforcement warrant for the redirection of the person's 19
earnings; 20
(v) issue an enforcement warrant imposing a charge on 21
property, for example, annuities, debentures, stocks and 22
other property mentioned in section 54(2);33 23
(c) that if an enforcement warrant is issued, the person's drivers 24
licence, if the person holds one, will be suspended when the 25
warrant is issued; 26
(d) that if-- 27
(i) the person is an individual; and 28
(ii) an enforcement officer returns an enforcement warrant to 29
seize and sell property because the amount unpaid, the 30
warrant issue fee and enforcement officer's fee can not be 31
satisfied under the warrant; 32
33 Section 54 (Warrant imposing a charge on property)
s 80 59 s 81
Fines
the registrar may issue an arrest and imprisonment warrant for the 1
person for the period necessary to discharge the total of the unpaid 2
amount, the warrant issue fee and the enforcement officer's costs; 3
(g) that the registrar may also register an interest and a charge-- 4
(i) for an unpaid amount of more than $1 000--in land; or 5
(ii) in any case--in any other property, for example, a vehicle. 6
of intention to suspend drivers licence 7
Notice
80. A notice of intention to suspend a drivers licence must be in the 8
approved form and state-- 9
(a) that if the person does not comply with the enforcement order and 10
the person has a drivers licence-- 11
(i) the drivers licence will be suspended until the amount owing 12
is paid or otherwise discharged; and 13
(ii) some or all of the enforcement procedures mentioned in the 14
enforcement order may be taken against the person; and 15
(b) it is an offence against the Traffic Act 1949 to drive a vehicle 16
while the drivers licence is suspended under this Act and the 17
penalty for the offence.34 18
of enforcement warrant for regular redirection 19
Content
81. An enforcement warrant for regular redirection must, in addition to 20
any other details required to be stated in the warrant, include the following-- 21
(a) the name of the enforcement debtor; 22
(b) the name of the financial institution that must deduct amounts 23
from a regular debt; 24
(c) details of the enforcement debtor's financial institution account 25
from which the deduction is to be made; 26
34 The penalty is a fine of 40 penalty units or 1 years imprisonment and, on
conviction, disqualification form holding or obtaining a drivers licence for 6
months.
s 82 60 s 83
Fines
(d) the total amount the financial institution must deduct from the 1
enforcement debtor's account; 2
(e) the amount that the financial institution must deduct each time a 3
regular deposit is made to the account; 4
(f) a requirement that the financial institution must give the deducted 5
amount to FINDER; 6
(g) anything else prescribed under a regulation. 7
of enforcement warrant redirecting earnings 8
Content
82. An enforcement warrant authorising the redirection of earnings, 9
must, in addition to the details required to be stated in the warrant, include 10
the following-- 11
(a) the name of the enforcement debtor; 12
(b) the name of the enforcement debtor's employer who must deduct 13
amounts from the enforcement debtor's earnings; 14
(c) the total amount that the enforcement debtor's employer must 15
deduct from the enforcement debtor's earnings; 16
(d) the amount that the enforcement debtor's employer must deduct 17
each pay day from the enforcement debtor's earnings; 18
(e) a requirement that the enforcement debtor's employer must give 19
the deducted amount to FINDER; 20
(f) anything else prescribed under a regulation. 21
of enforcement warrant imposing a charge on property 22
Content
83. An enforcement warrant imposing a charge on property must, in 23
addition to the details required to be stated in the warrant, include the 24
following-- 25
(a) the name of the enforcement debtor; 26
(b) a description of the charged property; 27
s 84 61 s 86
Fines
(c) the name of the person who issued or administers the charged 1
property; 2
(d) anything else prescribed under a regulation. 3
Division 9--General provisions 4
of enforcement order 5
Service
84. The registrar may serve an enforcement order on a person personally 6
or by sending the order by ordinary post to-- 7
(a) for an individual--the address of the place of residence or the 8
business of the person last known to FINDER; or 9
(b) for a corporation--the head office, a registered office or a 10
principal office of the corporation. 11
of suspension of drivers licence on vehicle insurance 12
Effect
85.(1) The suspension of a person's drivers licence under this Act does 13
not terminate a vehicle insurance policy. 14
(2) Also, a claim under a vehicle insurance policy can not be refused only 15
because a person's drivers licence is suspended under this Act. 16
(3) This section has effect despite anything to the contrary in a vehicle 17
insurance policy or any other agreement. 18
(4) In this section-- 19
"vehicle insurance policy" means a policy of insurance for damage or loss 20
caused by or arising out of the use or operation of a vehicle, but does 21
not include a CTP insurance policy within the meaning of the Motor 22
Accident Insurance Act 1994. 23
of orders and warrants 24
Effect
86.(1) For this Act, an order or warrant issued by the registrar is taken to 25
be an order or warrant of the Brisbane Central Magistrates Court. 26
(2) A person required to take stated action under a warrant must comply 27
s 87 62 s 88
Fines
with the warrant. 1
Maximum penalty for subsection (2)--40 penalty units or 1 year's 2
imprisonment. 3
protected from dismissal or prejudice 4
Employees
87. An employer must not dismiss an employee, or otherwise prejudice 5
an employee in his or her employment, because an enforcement warrant 6
authorising redirection of the employee's earnings has been made. 7
Maximum penalty--100 penalty units or 2 years imprisonment. 8
to correct mistake of fact 9
Application
88.(1) If the registrar is satisfied-- 10
(a) a person has been incorrectly named in an infringement notice as 11
the alleged offender for an infringement notice offence because of 12
either of the following-- 13
(i) a mistake of fact; 14
(ii) the use, by the person who actually committed the 15
infringement notice offence, of the name or other particulars 16
of someone who did not commit the offence; and 17
(b) the administering authority has refused to withdraw the relevant 18
infringement notice; 19
the registrar may apply to a Magistrates Court for an order cancelling the 20
infringement notice. 21
(2) The court may cancel or refuse to cancel the infringement notice. 22
(3) If the court cancels an infringement notice for an infringement notice 23
offence for which the alleged offender accumulated demerit points under the 24
Traffic Act 1949 or the Nature Conservation Act 1992, or another law 25
prescribed under a regulation, the demerit points for the offence are also 26
cancelled. 27
(4) Also, if, because of the cancelled infringement notice, a licence, 28
permit or other authority was suspended or cancelled, the suspension or 29
cancellation stops having effect, unless the person's licence, permit or 30
s 89 63 s 90
Fines
authority would still be suspended, cancelled or no longer in force for 1
another reason. 2
(5) In addition, no compensation is payable to the person because of the 3
administering authority's refusal to withdraw the infringement notice. 4
(6) Further, if the infringement notice is cancelled more than 1 year after 5
the date of the infringement notice and the name of the actual offender is 6
known, nothing in this or any other Act prevents the administering authority 7
issuing an infringement notice against the actual offender or starting a 8
proceeding in a court for the offence against the actual offender. 9
to information 10
Access
89.(1) For enabling FINDER to enforce this Act, the registrar may ask 11
an entity prescribed under a regulation for this section to give to the registrar 12
information about the current and any previous address of a stated person as 13
shown in any records kept by the entity. 14
(2) The prescribed entity must give the information to the registrar as 15
soon as practicable after receiving the request, unless the prescribed entity 16
reasonably suspects disclosing the information is likely to endanger the 17
person's safety. 18
(3) The obligation to give the information under subsection (2) has effect 19
despite any other Act. 20
(4) The registrar must not disclose the information to anyone else, other 21
than for enforcing an enforcement warrant under this Act. 22
Maximum penalty--40 penalty units or 18 months imprisonment. 23
(5) A person to whom information is disclosed under subsection (4) 24
must not disclose the information to anyone else. 25
Maximum penalty for subsection (5)--40 penalty units or 18 months 26
imprisonment. 27
transmission of particular documents 28
Electronic
90.(1) The following documents under this Act may be transmitted 29
electronically to the person or entity to whom they are given or directed-- 30
s 91 64 s 91
Fines
(a) a request of the registrar under section 88;35 1
(b) an enforcement warrant; 2
(c) a search warrant; 3
(d) an arrest and imprisonment warrant; 4
(e) any other document containing information under this Act that is 5
required or permitted to be given by someone to someone else. 6
(2) For executing an order or warrant, the enforcement officer to whom 7
the order or warrant is transmitted must cause a copy of the order or warrant 8
to be converted into written form and to be endorsed in the way required 9
under a regulation. 10
of person executing order or warrant to demand name and 11
Power
address 12
91.(1) An enforcement officer executing an order or warrant under this 13
Act may require a person the enforcement officer reasonably suspects to be 14
the person named in the order or warrant to state the person's correct name 15
and address. 16
(2) Also, an enforcement officer may require the person to give evidence 17
of the correctness of the stated name or address if, in the circumstances, it 18
would be reasonable to expect the person to be in the possession of evidence 19
of the correctness of the stated name or address or to otherwise be able to 20
give the evidence. 21
(3) When making the requirement, the enforcement officer must warn 22
the person it is an offence to fail to state the person's correct name and 23
address or fail to provide evidence of the correctness of the stated name or 24
address, unless the person has a reasonable excuse. 25
(4) A person must comply with a requirement under subsection (1) 26
or (2), unless the person has a reasonable excuse. 27
Maximum penalty--10 penalty units. 28
(5) A person does not commit an offence against subsection (4) if the 29
35 Section 88 (Application to correct mistake of fact)
s 92 65 s 93
Fines
person given the requirement is not proved to be the person named in the 1
order or warrant. 2
costs and their allocation 3
Enforcement
92.(1) A regulation may prescribe the enforcement costs payable for any 4
step taken for enforcing payment of a fine, penalty or another amount under 5
this Act. 6
(2) If no enforcement costs are prescribed, no enforcement costs are 7
payable. 8
(3) The amount prescribed as enforcement costs may include costs 9
payable to an entity other than FINDER for the matter to which the 10
enforcement warrant relates. 11
(4) Any amount recovered because of an enforcement order must, unless 12
this Act otherwise provides, be applied in the following order-- 13
(a) to any fine payable under an infringement notice; or 14
(b) if the payment relates to an amount ordered to be paid by a 15
court-- 16
(i) first, to any amount (other than a fine) required to be paid 17
under the order; and 18
(ii) then, if the payment relates to a fine, to the amount of the 19
fine. 20
PART 6--RECIPROCAL ENFORCEMENT OF FINES 21
for pt 6 22
Definitions
93. In this part-- 23
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 24
by a court, before or after the commencement of this part, in a 25
proceeding for an offence, and includes an enforcement order or a 26
similar order. 27
s 94 66 s 95
Fines
"fine" means-- 1
(a) a fine and any fees, charges and costs payable under an order 2
made in a proceeding, whether or not a conviction was recorded 3
against the person fined; or 4
(b) a fine under an infringement notice. 5
"Queensland fine" means a fine payable under a conviction of a 6
Queensland court, and includes an amount payable under an 7
enforcement order under this Act. 8
"reciprocating court" means a court declared under section 94 to be a 9
reciprocating court for this Act. 10
"relevant officer" of a reciprocating court means the registrar, however 11
described, of the reciprocating court. 12
of reciprocating court 13
Declaration
94. If another State has laws providing for the enforcement in that State 14
of a Queensland fine, the Governor in Council may, under a regulation, 15
declare a court that exercises criminal jurisdiction in the other State to be a 16
reciprocating court for this Act. 17
of Queensland fine by reciprocating court 18
Enforcement
95.(1) If another State has laws providing for enforcement in that State of 19
a Queensland fine, the registrar may, on the registrar's own initiative or for 20
the registrar of a Queensland court, give to the relevant officer of the 21
reciprocating court a written request for the enforcement of a particular 22
Queensland fine in that State. 23
(2) An amount received from a reciprocating court by the registrar or the 24
registrar of a court in satisfaction of all or part of a Queensland fine must be 25
applied as if the amount had been paid to the relevant registrar by the person 26
by whom the fine was payable in satisfaction of all or part of the fine. 27
(3) If, after a request is made under subsection (1), the registrar receives 28
an amount in satisfaction of all or part of the fine from someone other than 29
the relevant officer of the reciprocating court to whom the request was 30
made, the registrar must, as soon as practicable, notify the relevant officer of 31
the amount of the payment. 32
s 96 67 s 96
Fines
of fine imposed by reciprocating court 1
Enforcement
96.(1) This section applies if-- 2
(a) under a conviction of a reciprocating court, a fine is payable by a 3
person having or appearing to have property in Queensland; and 4
(b) the registrar receives a written request from the relevant officer of 5
the reciprocating court for the enforcement of the fine; and 6
(c) the request is accompanied by-- 7
(i) a copy, certified by the relevant officer to be correct, of the 8
conviction, and 9
(ii) a certificate signed by the relevant officer stating the amount 10
of the fine that remains unpaid. 11
(2) The registrar must register the certified copy of the conviction and 12
write the date of registration on it. 13
(3) On registration of the conviction-- 14
(a) the conviction is, for this part, taken to be a conviction of a 15
Queensland court; and 16
(b) the registrar must make an enforcement order under this Act for 17
the purpose of recovering the amount stated as unpaid in the 18
certificate relating to the conviction. 19
(4) If, after the registrar receives a request under this section in relation to 20
a fine payable under a conviction of a reciprocating court, the registrar 21
receives a notification from the relevant officer of the reciprocating court of 22
payment of an amount in satisfaction of all or part of the amount of the 23
fine-- 24
(a) the registrar must register particulars of the payment; and 25
(b) the payment is, for the purposes of enforcement action under this 26
Act, taken to be a payment under an enforcement order made 27
under this section. 28
(5) The registrar must pay the amount of any fine recovered by the 29
registrar under the enforcement order into the consolidated fund. 30
(6) A document that appears to have been signed by the relevant officer 31
of a reciprocating court is taken to have been signed by the relevant officer, 32
unless the contrary is proved. 33
s 97 68 s 99
Fines
PART 7--THE OFFICE OF FINDER 1
of FINDER Office 2
Establishment
97. An Office of Finder is established. 3
of office 4
Functions
98.(1) The office has the functions conferred or imposed on it by or 5
under this or another Act. 6
(2) In particular, the office has the following functions-- 7
(a) administering the making of enforcement orders; 8
(b) taking enforcement action under this Act; 9
(c) the collection of amounts payable to FINDER under this Act. 10
(3) The functions must be performed in accordance with the FINDER 11
charter. 12
FINDER charter 13
The
99. The FINDER charter includes the following-- 14
(a) strengthening the integrity of fines as a viable sentencing or 15
punitive option for offenders; 16
(b) maintaining confidence in the justice system by enhancing the 17
way fines and other money penalties may be enforced; 18
(c) reducing the cost to the State of enforcing fines and other money 19
penalties by streamlining-- 20
(i) their collection and enforcement; and 21
(ii) the recovery of other amounts including, for example, 22
bonds, recognisances and sureties; 23
(d) maximising the collection, for victims of offences, of amounts 24
payable under the Penalties and Sentences Act 1992 by way of 25
restitution or compensation; 26
(e) maximising the amount of fines and other money penalties paid 27
s 100 69 s 102
Fines
before enforcement action is taken; 1
(f) reducing the socially undesirable and costly incidence of 2
imprisonment by using other primary enforcement mechanisms 3
and sanctions; 4
(g) promoting a philosophy that community service work is an 5
alternative to imprisonment and not an alternative to a fine; 6
(h) promoting public education about the obligations of offenders and 7
the consequences of not satisfying the obligations. 8
and other staff of office 9
Registrar
100.(1) The registrar and other staff of the office are to be employed 10
under the Public Service Act 1996. 11
(2) Also, the registrar may, for enforcing this Act, engage commercial 12
agents as enforcement officers. 13
of office 14
Management
101.(1) The registrar is responsible for managing and controlling the 15
affairs of the office in accordance with this Act. 16
(2) Any act, matter or thing done in the name or on behalf of the office 17
by the registrar is taken to have been done by the office. 18
(3) However, only the registrar or staff of the office who are justices of 19
the peace (magistrates court) may make or issue an order or warrant under 20
this Act. 21
(4) A power exercised by someone other than the registrar under 22
subsection (3) may be exercised in the person's own name or in the name 23
of the registrar. 24
(5) The registrar and other staff have, for making or issuing an order or 25
warrant under this Act, the same immunities and protection as officers of a 26
court. 27
from commissioner of police service 28
Information
102.(1) The commissioner of the police service may, on the registrar's 29
s 103 70 s 104
Fines
written request, give to the registrar information in the possession of the 1
police service about a stated person for the purposes of the registrar taking 2
action against the person to enforce payment of an amount under this Act. 3
(2) The information that may be given is-- 4
(a) the person's criminal history; and 5
(b) any address known to the commissioner; and 6
(c) any assets of the person known to the commissioner. 7
(3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 8
1986 does not apply. 9
(4) Information given to the registrar under this section must only be 10
used for enforcing payment of the amount. 11
of fine enforcement order 12
Registration
103. The office must register each enforcement order made by it and 13
record details of payments made under the order and the enforcement action 14
taken. 15
PART 8--MISCELLANEOUS 16
Review Act 1991 17
Judicial
104.(1) This section applies to any of the following decisions (the 18
"decision")-- 19
(a) a decision of the chief executive (corrective services) about-- 20
(i) the suitability of a person for making a fine option order 21
under sections 18 and 42;36 or 22
(ii) the failure of a person to comply with a fine option order; or 23
36 Sections 18 (If chief executive (corrective services) decides alleged offender is
suitable for fine option order) and 42 (If chief executive (corrective services)
decides enforcement debtor is suitable for fine option order)
s 105 71 s 105
Fines
(iii) the suitability of a person to perform community service 1
work under a fine option order under sections 18 and 42; 2
(b) a decision of the registrar-- 3
(i) to revoke a fine option order under section 37;37 or 4
(ii) to refuse to cancel a revocation of a fine option order under 5
section 38.38 6
(2) The Judicial Review Act 1991, parts 3 and 439 do not apply to the 7
following matters-- 8
(a) conduct engaged in for the purpose of making the decision; 9
(b) other conduct that relates to the making of the decision; 10
(c) the making of the decision; 11
(d) the decision. 12
(3) In particular, but without limiting subsection (2), the Supreme Court 13
does not have jurisdiction to hear and decide applications made to it under 14
the Judicial Review Act 1991 , part 3 or 4 about matters mentioned in that 15
subsection. 16
provisions 17
Evidentiary
105.(1) This section applies to a proceeding under this or another Act. 18
(2) A certificate purporting to be signed by an administering authority 19
and stating any of the following matters is evidence of the matter-- 20
(a) a stated infringement notice was served in a stated way on a stated 21
person for a stated infringement notice offence; 22
(b) a person did not pay a fine as required under an infringement 23
notice; 24
(c) an alleged offender elected to have a matter of an offence decided 25
in a Magistrates Court; 26
37 Section 37 (Revocation of fine option order)
38 Section 38 (Review of revocation of fine option order)
39 Judicial Review Act 1991, parts 3 (Statutory orders of review) and 4 (Reasons for
decision)
s 105 72 s 105
Fines
(d) an alleged offender applied to the administering authority to pay 1
the fine under an infringement notice by instalments (without 2
incurring further costs); 3
(e) an alleged offender applied to the chief executive (corrective 4
services) for conversion of a fine to hours of unpaid community 5
service under a fine option order; 6
(f) an infringement notice has not been withdrawn or was withdrawn 7
on a stated date; 8
(g) an offence stated in an infringement notice involved a stated 9
vehicle or animal; 10
(h) a stated person owned a stated vehicle or animal at a stated time; 11
(i) a stated address is the latest address of the owner of a stated 12
vehicle in the record of registration of vehicles under a registration 13
Act; 14
(j) a stated person has or has not given the administering authority an 15
illegal user declaration, known or unknown user declaration or 16
sold vehicle declaration for an offence stated in an infringement 17
notice; 18
(k) a fine has not been paid by, and a penalty has not been imposed 19
on, a stated or any person for an offence stated in an infringement 20
notice. 21
(3) A certificate purporting to be signed by the registrar and stating any of 22
the following matters is evidence of the matter-- 23
(a) stated information or particulars were registered under the Act on 24
a stated day; 25
(b) a stated amount was paid to FINDER on a stated day to satisfy all 26
or a stated part of a stated amount owing under a stated notice, 27
order or warrant; 28
(c) a stated document was issued on a stated day; 29
(d) a stated fine option order relating to a stated person was revoked 30
on a stated day; 31
(e) a warrant to arrest and imprison a stated person was issued under 32
this Act on a stated day. 33
s 106 73 s 109
Fines
of document 1
Service
106.(1) A document may be served under this Act as provided for under 2
the Acts Interpretation Act 1954. 3
(2) Service by post-- 4
(a) may be effected by properly addressing, prepaying and posting 5
the document as a letter; and 6
(b) is taken to have been effected at the time at which the letter would 7
be delivered in the ordinary course of the post. 8
(3) Also, for an instalment payment notice, the notice may be posted to 9
the person at the address stated in particulars registered under section 22.40 10
(4) The Acts Interpretation Act 1954, section 39A(2)41 applies to this Act. 11
for offences 12
Proceedings
107. A proceeding for an offence against this Act may be taken by way 13
of summary proceedings under the Justices Act 1886-- 14
(a) within 1 year after the commission of the offence; or 15
(b) within 6 months after the commission of the offence comes to the 16
complainant's knowledge, but within 2 years after the 17
commission of the offence. 18
by administering authority 19
Delegation
108. The chief executive officer of an administering authority may 20
delegate powers of the administering authority under this Act to an 21
appropriately qualified person. 22
by registrar 23
Delegation
109.(1) The registrar may delegate powers of the registrar under this Act 24
to an appropriately qualified person. 25
40 Section 22 (Registration of instalment payments for infringement notice)
41 Acts Interpretation Act 1954, section 39A (Meaning of service by post etc.)
s 110 74 s 113
Fines
(2) Without limiting subsection (1), the registrar may delegate the 1
registrar's powers to engage a commercial agent as an enforcement officer 2
to a bailiff. 3
of forms by administering authority 4
Approval
110. An administering authority may approve forms for use as 5
infringement notices under this Act. 6
of other forms 7
Approval
111.(1) The chief executive may approve forms for use under this Act. 8
(2) The forms the chief executive may approve under subsection (1) do 9
not include forms for use as infringement notices by an administering 10
authority other than the department. 11
of Act 12
Review
112. The Minister must review the operation of this Act within 1 year 13
after the commencement of this section. 14
power 15
Regulation-making
113.(1) The Governor in Council may make regulations under this Act. 16
(2) A regulation may prescribe an infringement notice fine for an 17
infringement notice offence. 18
(3) A regulation may prescribe an offence to be an infringement notice 19
offence. 20
(4) For a camera-detected offence under the Traffic Act 1949, a regulation 21
may prescribe an infringement notice fine for a corporation up to 5 times the 22
amount payable by an individual for the offence under an infringement 23
notice. 24
(5) Also, a regulation may make provision for enforcing enforcement 25
warrants, including, but not limited to-- 26
(a) the conduct of hearings for enabling the registrar to obtain 27
information to facilitate the enforcement of fines, penalties and 28
s 114 75 s 116
Fines
other court ordered debts under enforcement warrants; and 1
(b) requiring enforcement debtors to prepare and give to the registrar 2
statements of the enforcement debtor's financial position; and 3
(c) the property that may not be seized under an enforcement warrant; 4
and 5
(d) the sale of property seized under an enforcement warrant, the 6
order in which the property may be sold, and when and how the 7
property may be sold; and 8
(e) accounting for the proceeds of a sale of property seized under an 9
enforcement warrant; and 10
(f) the order of priority for enforcing enforcement warrants. 11
amended 12
Acts
114. Schedule 1 amends each Act mentioned in it. 13
amended 14
Regulations
115.(1) Schedule 2 amends each regulation mentioned in it. 15
(2) To remove doubt, it is declared that the amendment of a regulation by 16
this Act does not affect the regulation-making powers the Governor in 17
Council has under the Act under which the regulation is made and, in 18
particular, the power of the Governor in Council to amend a provision of the 19
regulation amended by this Act. 20
PART 9--TRANSITIONAL PROVISIONS 21
period 22
Amnesty
116.(1) During the amnesty period-- 23
(a) an arrest and imprisonment warrant under this Act may not be 24
issued for non-payment of an amount payable under an 25
s 117 76 s 118
Fines
infringement notice issued under the Justices Act 1886, part 4A 42 1
before the amnesty period started; and 2
(b) a warrant of commitment issued under the Justices Act 1886 for 3
an infringement notice offence under the Justices Act 1886, 4
part 4A, but not executed, before the amnesty period started must 5
not be executed; and 6
(c) any warrant issue fee for a warrant mentioned in paragraph (b) is 7
waived. 8
(2) This section does not apply to the issue or execution of a warrant of 9
commitment for a person who, when the warrant is issued or executed, is a 10
prisoner within the meaning of the Corrective Services Act 1988. 11
(3) This section has effect despite anything to the contrary in the Justices 12
Act 1886 or any other Act. 13
(4) In this section-- 14
"amnesty period" means a 2 month period commencing on the 15
commencement of section 3 or, if a longer period is prescribed under a 16
regulation, the longer period. 17
applies to existing penalty 18
Act
117. Unless this part otherwise provides, this Act applies to a penalty or 19
another amount mentioned in section 23(1)43 that was imposed on or 20
ordered to be paid by a person before the commencement of this section (an 21
"existing penalty"). 22
of court penalty 23
Saving
118.(1) To remove any doubt, it is declared that the time for payment of 24
an existing penalty imposed by a court is not affected by this Act. 25
(2) However, once the time for payment ends, this Act applies to the 26
existing penalty. 27
42 Justices Act 1886, part 4A (Infringement notices)
43 Section 23 (Registration of unpaid fine, penalty or other debt)
s 119 77 s 120
Fines
of infringement notice 1
Saving
119.(1) An infringement notice issued under the Justices Act 1886, 2
part 4A as in force before the commencement of section 11444 is taken to be 3
an infringement notice issued under this Act, and the penalty stated in the 4
infringement notice is taken to be a fine under the notice. 5
(2) A reminder notice issued under the Justices Act 1886 for an existing 6
penalty and in force immediately before the commencement of this section 7
is taken to be an infringement notice issued under this Act. 8
(3) Subject to subsection (4), an enforcement notice under the Justices 9
Act 1886, section 98O45 for an existing penalty and in force immediately 10
before the commencement of this section continues to have effect until the 11
registrar issues an enforcement order under subsection (4). 12
(4) As soon as practicable after the commencement of this section, the 13
registrar must issue an enforcement order under this Act for each 14
infringement notice to which an enforcement order mentioned in 15
subsection (3) relates. 16
warrant of commitment 17
Existing
120.(1) If a warrant of commitment issued against a person under the 18
Justices Act 1886 for non-payment of an amount that may be registered 19
under this Act was not executed before the commencement of this section, 20
the registrar may cancel the warrant and either accept payment of the 21
amount owing under the warrant or make an enforcement order under this 22
Act for the amount. 23
(2) If the registrar makes an enforcement order for the amount, the 24
registrar is not required to serve a copy of the enforcement order on the 25
person or to give the person any further time to pay the fine before 26
enforcement action is taken under part 5.46 27
(3) The registrar may take enforcement action under part 5 for the 28
enforcement order at any time after the order is made. 29
44 Section 114 (Acts amended)
45 Justices Act 1886, section 98O (Enforcement procedure)
46 Part 5 (Enforcement of fines, penalties and other court ordered debts)
s 121 78 s 122
Fines
(4) A person who is, on the commencement of this section, serving a 1
period of imprisonment under a warrant of commitment issued under the 2
Justices Act 1886 for non-payment of an amount of money is taken to be 3
serving the period of imprisonment under an arrest and imprisonment 4
warrant. 5
fine option order 6
Existing
121.(1) A fine option order made for a person on application under the 7
Justices Act 1886, section 98U47 and in force immediately before the 8
commencement of this section is taken to be a fine option order made under 9
this Act. 10
(2) If the fine option order is revoked, the registrar may make an 11
enforcement order under this Act for the amount concerned. 12
(3) If the registrar makes an enforcement order for the amount, the 13
registrar is not required to serve a copy of the enforcement order on the 14
person or give the person any further time to pay the amount before 15
enforcement action is taken under part 5. 16
(4) The registrar may take enforcement action under part 5 for an 17
enforcement order at any time after the order is made. 18
recognisances, bail and surety amounts 19
Existing
122.(1) This section applies to the following amounts that have not been 20
recovered before the commencement of this section-- 21
(a) an amount of bail that has been forfeited; 22
(b) an amount of a recognisance that has been forfeited; 23
(c) an amount ordered to be paid by a surety. 24
(2) The registrar may ask a person the registrar considers keeps records 25
relating to the amounts to give to the registrar the particulars the registrar 26
reasonably requires for registering the amounts under section 23.48 27
47 Justices Act 1886, section 98U (Fine option orders)
48 Section 23 (Registration of unpaid fine, penalty or other debt)
s 123 79 s 123
Fines
(3) The person must give the information to the registrar as soon as 1
reasonably practicable after receiving the request. 2
of pt 9 3
Expiry
123. This part expires 1 year after it commences. 4
80
Fines
SCHEDULE 1 1
¡
CTS AMENDED 2
A
Section 114 3
CROWN PROCEEDINGS ACT 1980 4
´
1. Section 7-- 5
insert-- 6
` "recognisance" means a recognisance under the Bail Act 1980 or the 7
Penalties and Sentences Act 1992.'. 8
2. Sections 13 and 14-- 9
omit, insert-- 10
`Recovery of debts due by recognisance 11
`13.(1) A court must, on the forfeiture of a recognisance made to the 12
State, order-- 13
(a) that the amount stated in the recognisance be paid to the proper 14
officer of the court by the person indebted, immediately or within 15
the time or by the instalments stated in the order; and 16
(b) that in default of payment of the amount, the person indebted be 17
imprisoned for the term stated in the order, of not more than 2 18
years. 19
`(2) If all or part of the amount remains unpaid after the time allowed by 20
the court, the proper officer may register the amount under the Fines 21
Act 1999, section 23.49 22
`(3) An order made under subsection (1)-- 23
49 Section 23 (Registration of unpaid fine, penalty or other debt)
81
Fines
SCHEDULE 1 (continued)
(a) must be in the approved form; and 1
(b) must be given to the proper officer of the court. 2
`Recovery of amount undertaken by surety 3
`14.(1) A court must, on a declaration forfeiting an undertaking as to bail, 4
order-- 5
(a) that the amount undertaken by the surety to be paid to the State on 6
the forfeiture of the undertaking be paid to the proper officer of 7
the court immediately or within the time or by the instalments 8
stated in the order; and 9
(b) that in default of payment of the amount, the person indebted be 10
imprisoned for the term stated in the order, of not more than 2 11
years. 12
`(2) If all or part of the amount remains unpaid after the time allowed by 13
the court, the proper officer may register the amount under the Fines 14
Act 1999, section 23.50 15
`(3) An order under subsection (1)-- 16
(a) must be in the approved form; and 17
(b) must be given to the proper officer of the court.'. 18
3. Section 15(2A)-- 19
omit. 20
4. Sections 16 to 18-- 21
omit. 22
50 Section 23 (Registration of unpaid fine, penalty or other debt)
82
Fines
SCHEDULE 1 (continued)
ELECTORAL ACT 1992 1
´
1. Section 125A(2), definition "proceeding", `Justices Act 1886, 2
part 4A'-- 3
omit, insert-- 4
`Fines Act 1999'. 5
UDICIAL REVIEW ACT 1991 6
´J
1. Schedule 1, part 1-- 7
insert-- 8
`3A. Fines Act 1999, section 104(2).'. 9
USTICES ACT 1886 10
´J
1. Part 4A-- 11
omit. 12
2. Section 266(2)(c)-- 13
omit. 14
JUVENILE JUSTICE ACT 1992 15
´
1. Section 55(2)-- 16
omit. 17
83
Fines
SCHEDULE 1 (continued)
LOCAL GOVERNMENT ACT 1993 1
´
1. Section 4, definitions "infringement notice" and "infringement 2
notice offence"-- 3
omit, insert-- 4
` "infringement notice", for an infringement notice offence, means an 5
infringement notice under the Fines Act 1999, section 6. 6
"infringement notice offence" means an offence prescribed under the 7
Fines Act 1999 to be an infringement notice offence.'. 8
ENALTIES AND SENTENCES ACT 1992 9
´P
1. Section 5(1)(a)-- 10
omit, insert-- 11
`(a) for the Fines Act 1999 or an infringement notice under that 12
Act--$60; or'. 13
2. After section 39-- 14
insert-- 15
`Other orders available on failure to comply 16
`39A. On an appearance by an offender under section 39, if the court 17
considers the order of imprisonment should not be enforced against the 18
offender, the court may-- 19
(a) accept payment of the amount ordered in full; or 20
(b) if the offender has not been paying the amount by 21
instalments--order that the unpaid amount be paid by 22
instalments; or 23
(c) cause the proper officer to register the prescribed particulars of the 24
unpaid amount under the Fines Act 1999.'. 25
84
Fines
SCHEDULE 1 (continued)
3. Section 41, `compensation'-- 1
omit, insert-- 2
`an amount'. 3
4. Section 56-- 4
omit. 5
5. Section 56A(3) and (4)-- 6
omit, insert-- 7
`(3) The application can not be made after a warrant of commitment has 8
been issued or executed on the original order. 9
`(4) The offender can not make an application under this section if the 10
offender has made an application under section 53 or 55. 11
`(4A) The application under this section lapses if the offender makes an 12
application to the court under section 53 or 55.'. 13
6. Section 58(1)(c) and (2)(c), `worse'-- 14
omit, insert-- 15
`significantly worse'. 16
7. After section 58(2)(b)-- 17
insert-- 18
`(ba)be accompanied by a statutory declaration to the effect that the 19
offender was given a written notice of the consequences of not 20
complying with the fine option order and agrees to comply with 21
the fine option order; and'. 22
85
Fines
SCHEDULE 1 (continued)
8. Section 58(3)-- 1
omit, insert-- 2
`(3) The application can not be made after a warrant of commitment has 3
been issued or executed on the original order.'. 4
9. Section 59(1), 60(3) and 85(1), `56 or'-- 5
omit. 6
10. Section 62(4)-- 7
omit. 8
11. Section 63-- 9
omit. 10
12. Section 70-- 11
omit. 12
13. Section 74-- 13
omit, insert-- 14
`Failing to comply with a requirement of an order 15
`74.(1) If, while a fine option order is in force for an offender, an 16
authorised corrective service officer ("supervisor"), or a person authorised 17
for the purpose of this section by the chief executive (corrective services) 18
(also a "supervisor"), reasonably believes the offender has contravened a 19
requirement of the order, the supervisor may give the offender a notice 20
under this section requiring the offender-- 21
(a) to stop contravening the order; or 22
(b) to give to the supervisor a reasonable explanation for the 23
contravention within a stated time, of at least 5 days but not more 24
86
Fines
SCHEDULE 1 (continued)
than 14 days. 1
`(2) The notice must-- 2
(a) be in the approved form; and 3
(b) set out particulars of the contravention. 4
`(3) A notice under subsection (1) may relate to 2 or more fine option 5
orders, whether or not the community service that is required to be 6
performed by an offender under any of the orders is to be performed-- 7
(a) at the same time as community service is to be performed by the 8
offender under another of the orders; or 9
(b) after community service required to be performed under any of 10
the orders has been performed by the offender. 11
`(4) If the supervisor is not satisfied with the explanation or no 12
explanation is given within the stated time, the supervisor may apply to the 13
proper officer for an order under subsection (6). 14
`(5) The proper officer may decide the application in the absence of the 15
offender. 16
`(6) If the proper officer decides that the offender failed to comply with a 17
requirement of the fine option order, the proper officer may, by order-- 18
(a) extend or further extend the 1 year or other time mentioned in 19
section 66(2); or 20
(b) revoke all fine option orders made for the offender and issue an a 21
warrant for the arrest and imprisonment of the offender for the 22
term ordered by the court; or 23
(c) give to the registrar under the Fines Act 1999, for registration, the 24
prescribed particulars under that Act of the unpaid amount of the 25
penalty.'. 26
14. Section 75-- 27
omit. 28
87
Fines
SCHEDULE 1 (continued)
15. Section 76, heading, `Court'-- 1
omit, insert-- 2
`Proper officer'. 3
16. Section 76, `court'-- 4
omit, insert-- 5
`proper officer'. 6
17. Section 76, `it'-- 7
omit, insert-- 8
`the proper officer'. 9
18. Section 77-- 10
omit. 11
19. Section 78(2)-- 12
omit. 13
20. Section 85(2)(a), `25 business days'-- 14
omit, insert-- 15
`1 calendar month'. 16
21. Section 88(1)(e), `74(4)(b)'-- 17
omit, insert-- 18
`74'. 19
88
Fines
SCHEDULE 1 (continued)
22. Section 88(2), definition "fine"-- 1
omit. 2
23. Part 4-- 3
insert-- 4
`Division 3--Bonded fines 5
`Court may act under this division whether or not it records 6
conviction 7
`89A. A court may act under this division whether or not it records a 8
conviction. 9
`Court may make bonded fine order 10
`89B.(1) If a court decides imposing a fine of at least 2 penalty units is 11
the only appropriate penalty for an offence, the court may make an order 12
under this division (a "bonded fine order") for the offence imposing 1 or 13
more fines subject to the conditions mentioned in section 89D and any other 14
conditions the court considers appropriate. 15
`(2) However, the court may make a bonded fine order only if it is 16
satisfied that the offender-- 17
(a) has a history of non-payment of fines on at least 3 occasions over 18
a period of 3 years; and 19
(b) consents to the making of the order; and 20
(c) no bonded fine order has been made at any time for the offender 21
for any offence. 22
`(3) This section does not prevent the court from making any other order 23
the court may make for the offence under this Act. 24
89
Fines
SCHEDULE 1 (continued)
`Court must explain effect of bonded fine order 1
`89C.(1) Before making the bonded fine order, the court must explain, or 2
cause to be explained, to the offender-- 3
(a) the purpose and effect of the order; and 4
(b) what may follow if the offender contravenes the requirements of 5
the order. 6
`(2) The explanation must be made in language or in a way likely to be 7
readily understood by the offender. 8
`Conditions of bonded fine order 9
`89D. A bonded fine order must contain conditions that-- 10
(a) the offender pay a stated fine within 28 days or the further time, 11
of not longer than the period, of not more than 3 years, stated in 12
the order ("order period"), allowed by the court; 13
(b) the offender must not commit another offence, including an 14
offence stated in an infringement notice served on the offender 15
under the Fines Act 1999, during the order period; and 16
(c) the offender must notify the proper officer of every change of the 17
offender's place of residence or employment within 2 business 18
days after the change happens; and 19
(d) if the offender commits another offence, including an offence 20
stated in an infringement notice served on the offender under the 21
Fines Act 1999, during the order period, the proper officer will 22
require the person to appear before the court for conviction and 23
sentence for the offence to which the bonded fine order relates; 24
and 25
(e) the offender may apply for a refund of the fine after complying 26
with the order for the order period. 27
`Refund of fine component of bonded fine 28
`89E.(1) If the offender complies with a bonded fine order for the order 29
90
Fines
SCHEDULE 1 (continued)
period, the offender may apply to the proper officer for a refund of the fine. 1
`(2) The application may be made at least 3 months but nor more than 2
6 months after the order period. 3
`(3) If the proper officer is satisfied the offender has complied with the 4
bonded fine order, the proper officer may refund to the offender the amount 5
of the fine after deducting an amount prescribed under a regulation as the 6
administration fee for the order. 7
`Effect of failure to comply with bonded fine order 8
`89F.(1) If the offender fails to comply with the bonded fine order any 9
amount paid for the fine is forfeited to the State. 10
`(2) Also, if the failure was because the offender committed another 11
offence, including an offence stated in an infringement notice served on the 12
offender under the Fines Act 1999, during the order period, the proper 13
officer must require the person to appear before the court for conviction and 14
sentence for the offence for which the bonded fine order was made. 15
`(3) If the failure was because of the non-payment of the fine, the proper 16
officer must give to the registrar under the Fines Act 1999 the particulars 17
under that Act the registrar requires for registration of the fine under that 18
Act. 19
`(4) A certificate of conviction is enough proof that the offender has 20
committed another offence. 21
`(5) Also, a certificate of the registrar under the Fines Act 1999 stating 22
that an enforcement order has been made under that Act and the offender 23
has not taken any action under that order within 28 days after the date of the 24
order is enough proof that the offender has committed an infringement 25
notice offence. 26
`Proper officer may make inquiries 27
`89G.(1) The proper officer may ask the commissioner of police and the 28
registrar under the Fines Act 1999 for information about any offences 29
committed by the offender since the making of the bonded fine order, 30
91
Fines
SCHEDULE 1 (continued)
including an offence stated in an infringement notice served on the offender 1
under the Fines Act 1999. 2
`(2) The commissioner and the registrar must give the information to the 3
proper officer.'. 4
24. Section 182B-- 5
omit. 6
25. Sections 184-- 7
insert-- 8
`(2) If a court orders an offender to be imprisoned under subsection (1), 9
the proper officer of the court must issue a warrant for the arrest and 10
imprisonment of the offender for the term ordered by the court.'. 11
26. Section 185A-- 12
omit, insert-- 13
`Arrest and imprisonment of offender or registration under Fines Act 14
1999 for non-payment of penalty under ss 182A and 185 15
`185A.(1) If the offender does not pay the penalty mentioned in 16
section 182A or 185 immediately or within the time allowed by the court, 17
the proper officer of the court must either-- 18
(a) issue a warrant for the arrest and imprisonment of the offender 19
for the term ordered by the court; or 20
(b) give to the registrar under the Fines Act 1999, for registration, the 21
information and particulars the registrar requires under that Act 22
for registration under that Act of the unpaid amount of the 23
penalty. 24
`(2) A warrant under subsection (1)(a) is to be directed to all police 25
officers.'. 26
92
Fines
SCHEDULE 1 (continued)
27. Section 186(1), from `the imprisonment for which'-- 1
omit, insert-- 2
`the term for which the offender may be imprisoned is the number of 3
whole days worked out by dividing the balance of the penalty, after taking 4
the reduction into account, by the original amount of the penalty and 5
multiplying the result by the number of original days ordered to be served in 6
default of payment of the penalty.'. 7
28. Section 186(2), from `the term of'-- 8
omit, insert-- 9
`the term of imprisonment the offender is serving is reduced to the 10
number of whole days worked out by dividing the balance of the penalty 11
after taking the payment into account by the original amount of the penalty 12
and multiplying the result by the number of original days ordered to be 13
served in default of payment of the penalty.'. 14
REFERENDUMS ACT 1997 15
´
1. Section 45(2), definition "proceeding", `Justices Act 1886, part 4A'-- 16
omit, insert-- 17
`Fines Act 1999'. 18
RAFFIC ACT 1949 19
´T
1. Section 15-- 20
insert-- 21
`(1A) A person who commits an offence against subsection (1) while the 22
person's drivers licence is suspended under the Fines Act 1999 is liable to a 23
penalty of not more than 40 penalty units or 1 year imprisonment, unless 24
the person proves the person did not receive-- 25
93
Fines
SCHEDULE 1 (continued)
(a) the infringement notice; or 1
(b) the enforcement order; or 2
(c) the notice of intention to suspend a drivers licence; or 3
(d) any reminder notice the relevant administering authority sent to 4
the person about the infringement notice; 5
under that Act for the offence for which the person's licence was 6
suspended. 7
`(1B) In addition, the person is disqualified from holding or obtaining a 8
drivers licence for 6 months whether or not a conviction is recorded for the 9
offence.'. 10
2. Section 44P, definition "camera-detected offence", paragraph (a)-- 11
omit, insert-- 12
`(a) the infringement notice under the Fines Act 1999; or'. 13
3. Section 44Q(5)(b)-- 14
omit, insert-- 15
`(b) an infringement notice under the Fines Act 1999.'. 16
4. Section 44X-- 17
omit, insert-- 18
`Application of the Fines Act 1999 19
`44X.(1) The Fines Act 1999 applies to camera-detected offences subject 20
to this division. 21
(2) If there is any inconsistency between the Fines Act 1999 and this 22
division, the provisions of this division prevail. 23
(3) Without limiting subsection (1) or (2), for the Fines Act 1999-- 24
(a) "owner" means the owner as defined in this division; and 25
94
Fines
SCHEDULE 1 (continued)
(b) a reference to "person in charge" or "user" is, if the context 1
permits, taken to be a reference to the driver of the vehicle; and 2
(c) a reference to "illegal user declaration", "known user 3
declaration", "sold vehicle declaration" or "unknown user 4
declaration" or `declaration' generally is taken to be a reference 5
to the appropriate approved form for section 44Q; and 6
(d) the Fines Act 1999 sections 10(2), 11(5), 12(5) and 13(2) are 7
subject to section 44Q and in particular section 44Q(6) applies 8
instead of the Fines Act 1999, section 13(2)(b).'. 9
5. After section 55B-- 10
insert-- 11
`Effect of suspension of licence under Fines Act 1999 12
`55C.(1) This section applies if a person's drivers licence is suspended 13
under the Fines Act 1999. 14
`(2) Suspension of the drivers licence under the Fines Act 1999-- 15
(a) has, while the licence is suspended, the same effect as if the 16
licence is cancelled under this Act; and 17
(b) if the period of the suspension ends before the licence would 18
ordinarily expire--does not extend the period during which the 19
licence would, but for the suspension, have remained in force. 20
`(3) If under this Act, a person must hold a drivers licence for a stated 21
period-- 22
(a) the stated period is extended by the length of the period for which 23
the licence is suspended under the Fines Act 1999; and 24
(b) the period of the suspension does not break the continuous period 25
for which the person must hold the licence. 26
`(4) If the period of the licence expires before the period of the 27
suspension ends, the person must not apply for or obtain a drivers licence 28
until the person pays the amount stated in the enforcement order under the 29
Fines Act 1999 as the amount owing for the offence for which the licence 30
95
Fines
SCHEDULE 1 (continued)
was suspended or the amount is otherwise discharged under that Act. 1
Maximum penalty--20 penalty units or 18 months imprisonment. 2
`(5) A suspension of a drivers licence under the Fines Act 1999 also 3
suspends any other driver's licence authorising the person in question to 4
drive a vehicle. 5
`(6) A person must not apply for or obtain a driver's licence while the 6
person's licence is suspended under the Fines Act 1999 or a corresponding 7
law of another State. 8
Maximum penalty for subsection (6)--20 penalty units or 18 months 9
imprisonment.'. 10
6. Section 57, `57.(1) Any person'-- 11
omit, insert-- 12
`57.(1) This section does not apply to a licence that is suspended under 13
the Fines Act 1999. 14
`(1AA) A person'. 15
7. Section 64(1), (3) and (4), after `commissioner'-- 16
insert-- 17
`or the chief executive'. 18
RANSPORT LEGISLATION AMENDMENT ACT 19
´T
1997 20
1. Section 27, from `(b)'-- 21
omit, insert-- 22
`(b) an infringement notice, under the Fines Act 1999, for the offence 23
is attached to the vehicle; and'. 24
96
Fines
SCHEDULE 1 (continued)
RANSPORT OPERATIONS (MARINE SAFETY) ACT 1
´T
1994 2
1. Section 61-- 3
insert-- 4
`(4) A person who commits an offence against subsection (1) or (3) 5
while the person's drivers licence51 is suspended under the Fines Act 1999 6
is liable to a penalty of not more than 40 penalty units or 1 year's 7
imprisonment, unless the person proves the person did not receive-- 8
(a) the infringement notice; or 9
(b) the enforcement order; or 10
(c) the notice of intention to suspend a drivers licence; or 11
(d) any reminder notice the relevant administering authority sent to 12
the person about the infringement notice; 13
under that Act for the offence for which the person's licence was 14
suspended. 15
`(5) In addition, the person is disqualified from holding or obtaining a 16
licence to operate a ship as its master or to have the conduct of a ship as its 17
pilot for 6 months whether or not a conviction is recorded for the offence.'. 18
2. After section 63-- 19
insert-- 20
`Effect of suspension of licence under Fines Act 1999 21
`63A.(1) This section applies if a person's licence to operate a ship as its 22
master or to have the conduct of a ship as its pilot is suspended under the 23
Fines Act 1999. 24
51 Fines Act 1999, definition "drivers licence" means a licence under--
(a) the Traffic Act 1949 to drive a motor vehicle; or
(b) the Transport Operations (Marine Safety) Act 1994 to drive a ship.
97
Fines
SCHEDULE 1 (continued)
`(2) Suspension of the licence under the Fines Act 1999-- 1
(a) has, while the licence is suspended, the same effect as if the 2
licence is cancelled under this Act; and 3
(b) if the period of the suspension ends before the licence would 4
ordinarily expire--does not extend the period during which the 5
licence would, but for the suspension, have remained in force. 6
`(3) If under this Act, a person must hold a licence for a stated period-- 7
(a) the stated period is extended by the length of the period for which 8
the licence is suspended under the Fines Act 1999; and 9
(b) the period of the suspension does not break the continuous period 10
for which the person must hold the licence. 11
`(4) If the period of the licence expires before the period of the 12
suspension ends, the person must not apply for or obtain a licence to operate 13
a ship as its master or to have the conduct of a ship as its pilot until-- 14
(a) the person pays the amount stated in the enforcement order under 15
the Fines Act 1999 as the amount owing for the offence for which 16
the licence was suspended; or 17
(b) the amount is otherwise discharged under that Act. 18
Maximum penalty--20 penalty units or 18 months imprisonment. 19
`(5) A person must not apply for or obtain a licence to operate a ship as 20
its master or to have the conduct of a ship as its pilot while the person's 21
licence is suspended under the Fines Act 1999 or a corresponding law of 22
another State. 23
Maximum penalty for subsection (5)--20 penalty units or 18 months 24
imprisonment.'. 25
98
Fines
SCHEDULE 2 1
¡
REGULATIONS AMENDED 2
section 115 3
AMENDMENT OF NATURE CONSERVATION 4
´
REGULATION 1994 5
1. Section 257(1), `Justices Act 1886'-- 6
omit, insert-- 7
`Fines Act 1999'. 8
AMENDMENT OF TRAFFIC REGULATION 1962 9
´
1. Section 51(5)(a), `Justices Act 1886, section 98C'-- 10
omit, insert-- 11
`Fines Act 1999, section 6'. 12
2. Section 51(5)(a)(ii)-- 13
omit, insert-- 14
`(ii) an arrest and imprisonment warrant for the offence is issued 15
against the driver under the Fines Act 1999, section 65; or'. 16
3. Section 68(8), `Justices Act 1886, part 4A for'-- 17
omit, insert-- 18
`Fines Act 1999 for'. 19
99
Fines
SCHEDULE 2 (continued)
4. Section 108B(2)(b)(i)-- 1
omit, insert-- 2
`(i) the Fines Act 1999, section 3952 for an offence mentioned in 3
schedule 2; or'. 4
5. Section 108B-- 5
insert-- 6
`(8) Subsection (7) does not apply to the suspension of a drivers licence 7
under the Fines Act 1999.'. 8
6. Section 134B-- 9
insert-- 10
`(5) This section applies to a licence suspended under the Fines Act 1999 11
as if a superintendent had suspended the licence.'. 12
52 Section 39 (Issue of enforcement order)
100
Fines
SCHEDULE 3 1
¡
DICTIONARY 2
section 3 3
"account", for a financial institution, includes a withdrawable share 4
account. 5
"address", for an application made under this Act, means the full address 6
of the place where the person lives or works. 7
"administering authority", for an infringement notice or infringement 8
notice offence, means the entity prescribed under a regulation as the 9
administering authority for the notice or offence. 10
"alleged offender", for an infringement notice, means the person on whom 11
the notice is served. 12
"appropriately qualified", for a person to whom a power under this Act 13
may be delegated, includes having the qualifications, experience or 14
standing appropriate to exercise the power. 15
"authorised corrective services officer" see the Penalties and Sentences 16
Act 1992, section 4A. 17
"authorised person" means-- 18
(a) for an infringement notice--a person who, under a regulation, 19
may serve the infringement notice; or 20
(b) for a withdrawal from acting under this Act--a person who, 21
under a regulation, may effect the withdrawal. 22
"commercial agent" see the Auctioneers and Agents Act 1971, section 2, 23
definition "commercial agent". 24
"community service" see the Corrective Services Act 1988, section 10, 25
definition "community service". 26
"community service order" see the Penalties and Sentences Act 1992, 27
section 4, definition "community service order". 28
101
Fines
SCHEDULE 3 (continued)
"conviction" see section 93. 1
"corrective services office" means an office of the department within 2
which the Corrective Services Act 1988 is administered. 3
"cut-out rate", for a fine or unpaid amount, means-- 4
(a) for a court order under which an offender is required to serve a 5
term of imprisonment for failing to pay a penalty under the 6
Penalties and Sentences Act 1992--the rate worked out by 7
dividing the penalty by the number of days of imprisonment 8
ordered, expressed in dollars for each day; or 9
(b) for a fine option order-- 10
(i) if the fine option order relates to a penalty imposed by a 11
court--10 hours for each penalty unit, or part of a penalty 12
unit, that was imposed as a fine under the original order;53 or 13
(ii) otherwise--the amount prescribed under a regulation; or 14
(c) for an infringement notice offence--the amount prescribed under 15
a regulation. 16
"drivers licence" means a licence under-- 17
(a) the Traffic Act 1949 to drive a motor vehicle; or 18
(b) the Transport Operations (Marine Safety) Act 1994 to drive a 19
ship. 20
"earnings", of an enforcement debtor, means wages, salary, fees, bonuses, 21
commission, overtime pay or other compensation for services or profit 22
arising from office or employment, a pension, benefit or similar 23
payment, an annuity or an amount payable instead of leave or 24
retirement benefit owing or accruing to the enforcement debtor. 25
"employer", of an enforcement debtor, means a person (including the 26
State) who, as principal, rather than as a servant or agent, pays, or is 27
likely to pay, earnings to the enforcement debtor. 28
53 This is the maximum rate for court ordered fines under the Penalties and
Sentences Act 1992.
102
Fines
SCHEDULE 3 (continued)
"enforcement certificate" see sections 77 and 78. 1
"enforcement debtor" see section 39. 2
"enforcement officer" means sheriff, deputy sheriff or bailiff of a court, 3
and includes-- 4
(a) a police officer; and 5
(b) a person, engaged by the registrar, who holds a commercial 6
agents licence. 7
"enforcement order" see section 39. 8
"enforcement warrant" see section 48. 9
"executive officer", of a corporation, means a person, by whatever name 10
called and whether or not the person is a director of the corporation, 11
who is concerned with, or takes part in, the management of the 12
corporation. 13
"FINDER" means-- 14
(a) the Fines, Infringement Notices and other Debts Enforcement 15
Registration system; or 16
(b) if the context permits, means the office established under part 7. 17
"FINDER charter" see section 99. 18
"fine" includes-- 19
(a) an amount stated in an infringement notice as the fine for a stated 20
infringement notice offence and, in relation to a particular 21
infringement notice, the fine stated in the infringement notice; and 22
(b) any amount payable under an ancillary order of a court in relation 23
to an offence for which a fine is imposed; and 24
(c) for part 6--see section 93. 25
26
Examples of ancillary orders--
27
1. Professional fees, witnesses expenses and interpreters' allowances.
28
2. Royalties or another similar amount, including conservation value payable
29
under the Nature Conservation Act 1992.
"fine option order" means an order converting the unpaid amount of a fine 30
103
Fines
SCHEDULE 3 (continued)
under an infringement notice to hours of unpaid community service. 1
"illegal user declaration", for an offence involving a vehicle, means a 2
statutory declaration stating facts establishing the vehicle was stolen or 3
illegally taken at the relevant time. 4
"infringement notice" means a notice under section 6. 5
"infringement notice fine", for an infringement notice offence, means the 6
amount prescribed under a regulation to be the fine payable for the 7
offence under an infringement notice. 8
"infringement notice offence" means an offence (other than an indictable 9
offence or offence against the person) prescribed under a regulation to 10
be an offence to which this Act applies. 11
"instalment", of a fine under an infringement notice, means the amount 12
prescribed under a regulation as the minimum amount payable as an 13
instalment of the fine. 14
"instalment payment notice" see section 76. 15
"known user declaration", for an offence involving a vehicle, means a 16
statutory declaration stating-- 17
(a) if-- 18
(i) the owner is an individual--the owner was not in charge of 19
the vehicle at the relevant time; or 20
(ii) the owner is a corporation--the vehicle was not being used 21
for the corporation at the relevant time; and 22
(b) the name and address of the person who was in charge of the 23
vehicle at the relevant time. 24
"money value", of hours of unpaid community service, means the value 25
worked out by multiplying the number of hours by the cut-out rate 26
prescribed under a regulation. 27
"offence", in relation to a particular infringement notice, means the offence 28
stated in the notice. 29
"offence involving a vehicle" is an offence in which an offender and a 30
vehicle are involved, regardless of the extent to which the vehicle is 31
104
Fines
SCHEDULE 3 (continued)
actually involved in the offence. 1
"offender", other than for part 2, includes alleged offender. 2
"officer", of a corporation, includes a former officer of the corporation. 3
"owner", of a vehicle, includes the person registered as the owner of the 4
vehicle under the relevant registration Act. 5
"partner" includes a former partner. 6
"premises" includes any structure, building, aircraft, vehicle, vessel or 7
place, whether built on or not. 8
"prescribed particulars", for part 3, means particulars prescribed under a 9
regulation. 10
"Queensland fine" see section 93. 11
"reasonably believe" means believe on grounds that are reasonable in the 12
circumstances. 13
"reciprocating court" see section 93. 14
"registrar" means-- 15
(a) for FINDER--the person for the time being performing 16
FINDER registration and enforcement duties under this Act; or 17
(b) for a Magistrates Court--the clerk of the court. 18
"registration Act" means-- 19
(a) the Transport Infrastructure (Roads) Act 1991 or another Act 20
prescribed under a regulation; or 21
(b) a law of another State that deals generally with the same subject 22
matter as an Act mentioned in paragraph (a). 23
"registration fee" means the fee prescribed under a regulation for 24
registering an unpaid amount under this Act. 25
"relevant person", for part 4, see section 30. 26
"relevant time" for an offence involving a vehicle means the time and date 27
specified in the infringement notice as the time and date of the offence. 28
"relevant officer" see section 93. 29
105
Fines
SCHEDULE 3 (continued)
"responsible operator", of a vehicle, means a person nominated as a 1
responsible operator for the vehicle under the Transport Infrastructure 2
(Roads) Act 1991, section 9.17A. 3
"search warrant" see section 61. 4
"sold vehicle declaration", for an offence involving a vehicle, means a 5
statutory declaration stating facts establishing the owner had sold or 6
otherwise disposed of the vehicle before the relevant time, including-- 7
(a) the name and address of the person to whom the vehicle was sold 8
or disposed of; and 9
(b) the date and, if relevant, time of the sale or disposal; and 10
(c) if an agent made the sale or disposal for the owner--the name and 11
address of the agent. 12
"third person" means a person (including the State) from whom a debt-- 13
(a) is payable to the enforcement debtor; or 14
(b) is likely to become payable to the enforcement debtor. 15
"unknown user declaration", for an offence involving a vehicle, means a 16
statutory declaration stating-- 17
(a) if-- 18
(i) the owner is an individual--the owner was not in charge of 19
the vehicle at the relevant time; or 20
(ii) the owner is a corporation--the vehicle was not being used 21
for the corporation at the relevant time; and 22
(b) the declarant has not been able to find out who was in charge of 23
the vehicle at the relevant time; and 24
(c) the nature of the inquiries made to find out the name and address 25
of the person in charge of the vehicle at the relevant time. 26
"vehicle" includes a boat and anything declared under a regulation to be a 27
vehicle. 28
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