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Queensland
OFFENCE NOTICES
LEGISLATION
AMENDMENT BILL 1993
Queensland
OFFENCE NOTICES LEGISLATION
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF JUSTICES ACT 1886
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of Part 4A (Enforcement of infringement notices by
registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 4A--INFRINGEMENT NOTICES
Division 1--Interpretation
98B Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Service of infringement notices
98C Service of infringement notices--generally . . . . . . . . . . . . . . . . . . . 7
98D Service of infringement notices for infringement notice
offences involving vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
98E Liability for infringement notice offences involving vehicles . . . . . 10
98F Payment of infringement notice penalty . . . . . . . . . . . . . . . . . . . . . . 11
98G Effect of illegal user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
98H Effect of known user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
98I Effect of sold vehicle declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
98J Effect of unknown user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 13
98K Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
98L Withdrawal of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
98M Effect of Division on prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
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Division 3--Enforcement of infringement notices by registration
98N Reminder notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
98O Enforcement procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
98P Enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
98Q Notice of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
98R Applications for time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
98S Issue of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
98T Effect of proceedings under this Division . . . . . . . . . . . . . . . . . . . . . 21
98U Fine option orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
98V Election for court hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
98W Withdrawal from acting under this Division . . . . . . . . . . . . . . . . . . . 22
Division 4--Miscellaneous
98X Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . . . . 23
6 Replacement of heading to s.268 (Savings and transitional) . . . . . . . . . . . . 23
7 Insertion of new ss.269 and 270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
269 Transitional provisions for SETONS . . . . . . . . . . . . . . . . . . . . . . . . . . 24
270 Further transitional provisions for SETONS . . . . . . . . . . . . . . . . . . . . 24
PART 3--AMENDMENT OF MOTOR VEHICLES SAFETY
AMENDMENT ACT 1993
8 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9 Omission of s.11 (Amendment of s.51 (Regulations)) . . . . . . . . . . . . . . . . . 25
PART 4--AMENDMENT OF TRAFFIC ACT 1949
10 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
11 Amendment of s.44V (Effect of action under Part 4A of Justices Act) . . . . 26
1993
A BILL
FOR
An Act to amend the Justices Act 1886, the Motor Vehicles Safety
Amendment Act 1993 and the Traffic Act 1949
4
Offence Notices Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
This Act may be cited as the Offence Notices Legislation 4
Clause1.
Amendment Act 1993. 5
6
Commencement
This Act (other than Part 3) commences on a day to be fixed by 7
Clause2.
proclamation. 8
PART 2--AMENDMENT OF JUSTICES ACT 1886 9
Act 10
Amended
The Justices Act 1886 is amended as set out in this Part. 11
Clause3.
of long title 12
Replacement
Clause4. Long title-- 13
omit, insert-- 14
`An Act to consolidate law about the powers and jurisdiction of 15
justices and Magistrates and to provide for proceedings before, 16
and appeals from, justices and Magistrates, and other matters'. 17
of Part 4A (Enforcement of infringement notices by 18
Replacement
registration) 19
Part 4A-- 20
Clause5.
5
Offence Notices Legislation Amendment
omit, insert-- 1
`PART 4A--INFRINGEMENT NOTICES 2
`Division 1--Interpretation 3
4
`Definitions
`98B. In this Part-- 5
"administering authority" for an infringement notice or infringement 6
notice offence means the entity prescribed by regulation as the 7
administering authority for the notice or offence; 8
"alleged offence" for an infringement notice means the offence specified in 9
the notice; 10
"alleged offender" for an infringement notice means the person on whom 11
the notice is served; 12
"authorised person" means-- 13
(a) for an infringement notice--a person who, under the regulations, 14
may serve the infringement notice; or 15
(b) for a reminder notice--a person who, under the regulations, may 16
serve the reminder notice; or 17
(c) for an enforcement notice--a person who, under the regulations, 18
may give the notice; or 19
(d) for a withdrawal from acting under Division 3--a person who, 20
under the regulations, may effect the withdrawal; 21
"enforcement order" means an order under section 98P (Enforcement 22
orders); 23
"enforcement notice" means a notice under section 98O (Enforcement 24
procedure); 25
"enforcement order notice" means a notice under section 98Q (Notice of 26
enforcement order); 27
"entity" means a person or unincorporated body; 28
"executive officer" of a corporation means a person, by whatever name 29
6
Offence Notices Legislation Amendment
called and whether or not the person is a director of the corporation, 1
who is concerned with, or takes part in, the management of the 2
corporation; 3
"illegal user declaration" for an alleged offence involving a vehicle means 4
a statutory declaration stating facts establishing the vehicle was stolen 5
or illegally taken at the relevant time; 6
"infringement notice" means a notice under section 98C (Service of 7
infringement notices--generally); 8
"infringement notice offence" means an offence (other than an indictable 9
offence or offence against the person) prescribed by regulation to be an 10
offence to which this Part applies; 11
"infringement notice penalty" for an infringement notice offence means 12
the amount prescribed by regulation to be the penalty payable for the 13
offence under an infringement notice; 14
"known user declaration" for an alleged offence involving a vehicle 15
means a statutory declaration stating-- 16
(a) if-- 17
(i) the owner is an individual--the owner was not in charge of 18
the vehicle at the relevant time; or 19
(ii) the owner is a corporation--the vehicle was not being used 20
for the corporation at the relevant time; and 21
(b) the name and address of the person who was in charge of the 22
vehicle at the relevant time; 23
"registration Act" means-- 24
(a) the Transport Infrastructure (Roads) Act 1991 or another Act 25
prescribed by regulation; or 26
(b) a corresponding law of another State or a Territory; 27
"relevant time" for an alleged offence involving a vehicle means the time 28
and date specified in the infringement notice as the time and date of the 29
offence; 30
"reminder notice" means a notice under section 98N (Reminder notices); 31
"SETONS" is an acronym for the self-enforcing ticketable offence notice 32
7
Offence Notices Legislation Amendment
system; 1
"SETONS clerk" means the person appointed under the Public Service 2
Management and Employment Act 1988 to the office of SETONS 3
clerk; 4
"sold vehicle declaration" for an alleged offence involving a vehicle 5
means a statutory declaration stating facts establishing the owner had 6
sold or otherwise disposed of the vehicle before the relevant time, 7
including-- 8
(a) the name and address of the person to whom the vehicle was sold 9
or disposed of; and 10
(b) the date and, if relevant, time of the sale or disposal; and 11
(c) if an agent made the sale or disposal for the owner--the name 12
and address of the agent; 13
"unknown user declaration" for an alleged offence involving a vehicle 14
means a statutory declaration stating-- 15
(a) if-- 16
(i) the owner is an individual--the owner was not in charge of 17
the vehicle at the relevant time; or 18
(ii) the owner is a corporation--the vehicle was not being used 19
for the corporation at the relevant time; and 20
(b) the declarant has not been able to find out who was in charge of 21
the vehicle at the relevant time; and 22
(c) the nature of the inquiries made to find out the name and address 23
of the person in charge of the vehicle at the relevant time; 24
"vehicle" includes a boat and anything declared by regulation to be a 25
vehicle. 26
`Division 2--Service of infringement notices 27
of infringement notices--generally 28
`Service
`98C.(1) If an authorised person believes, on reasonable grounds, a 29
person has committed an infringement notice offence, the person may serve 30
8
Offence Notices Legislation Amendment
a notice under this section (an "infringement notice") on the person (the 1
"alleged offender") for the offence (the "alleged offence"). 2
`(2) The infringement notice must be in the form approved by the 3
administering authority. 4
`(3) The infringement notice must-- 5
(a) be identified by a unique number; and 6
(b) unless section 98D(4) (Service of infringement notices for 7
infringement notice offences involving vehicles) applies or a 8
regulation otherwise provides, specify-- 9
(i) the full name, or surname and initials, and full address of the 10
alleged offender; or 11
(ii) the particulars that are, under the regulations, identifying 12
particulars for the alleged offender; and 13
(c) specify the alleged offence in a way clearly showing the nature of 14
the offence; and 15
(d) specify-- 16
(i) if the offence took place over a period and did not involve a 17
vehicle--the period when the offence was committed; or 18
(ii) in a case prescribed by regulation--the particulars that are, 19
under the regulations, identifying particulars for the offence; 20
or 21
(iii) in any other case--the place of the offence and the time and 22
date of the offence; and 23
(e) if the offence involves a vehicle--specify the particulars that are, 24
under the regulations, identifying particulars for the vehicle; and 25
(f) if the offence involves an animal--specify the particulars that are, 26
under the regulations, identifying particulars for the animal; and 27
(g) specify the infringement notice penalty for the offence; and 28
(h) inform the alleged offender that, if the person does not wish the 29
alleged offence to be dealt with by a court, the person may pay the 30
infringement notice penalty within-- 31
(i) 28 days after the infringement notice is served on the alleged 32
9
Offence Notices Legislation Amendment
offender; or 1
(ii) any further time the administering authority allows (whether 2
before or after the end of the period); and 3
(i) specify where and how the penalty may be paid; and 4
(j) inform the alleged offender the notice may be withdrawn before 5
or after the penalty is paid; and 6
(k) if the offence involves a vehicle--inform the alleged offender, in 7
general terms, about section 98E (Liability for infringement 8
notice offences involving vehicles). 9
of infringement notices for infringement notice offences 10
`Service
involving vehicles 11
`98D.(1) This section applies to an infringement notice offence involving 12
a vehicle. 13
`(2) An infringement notice for the offence may be served-- 14
(a) on the owner of the vehicle; or 15
(b) on the person specified in a known user declaration as the person 16
who was in charge of the vehicle at the relevant time; or 17
(c) on the person specified in a sold vehicle declaration as the person 18
to whom the vehicle had been sold or otherwise disposed of 19
before the relevant time. 20
`(3) If the infringement notice is to be served by post, the notice may be 21
addressed to the person-- 22
(a) if the person is the owner of the vehicle involved in the 23
offence--at the latest address of the owner in the register of 24
vehicles kept under a registration Act; or 25
(b) if the person is specified in a known user declaration as the 26
person in charge of the vehicle at the relevant time--at the 27
person's address specified in the declaration; or 28
(c) if the person is specified in a sold vehicle declaration as the 29
person to whom the vehicle had been sold or otherwise disposed 30
of before the relevant time--at the person's address specified in 31
the declaration. 32
10
Offence Notices Legislation Amendment
`(4) The infringement notice may be served by securely placing or 1
attaching the notice, addressed to the owner (without further description), on 2
or to the vehicle in a conspicuous position. 3
`(5) If the infringement notice is served in the way mentioned in 4
subsection (4), it is taken to have been served on the owner on the day it is 5
placed on or attached to the vehicle. 6
`(6) A person must not remove, deface or interfere with an infringement 7
notice placed on or attached to a vehicle unless the person is the owner, or 8
person in charge, of the vehicle at the relevant time. 9
Maximum penalty--35 penalty units. 10
`(7) To remove any doubt, this section does not prevent an infringement 11
notice being served on a person under section 98C (Service of infringement 12
notices--generally). 13
for infringement notice offences involving vehicles 14
`Liability
`98E.(1) If-- 15
(a) an infringement notice offence involving a vehicle happens; and 16
(b) an infringement notice for the offence is served on the person 17
who owns the vehicle at the time of the offence; 18
the owner is taken to have committed the offence even though the actual 19
offender may have been someone else. 20
`(2) If the actual offender is someone else, subsection (1) does not affect 21
the liability of the actual offender, but-- 22
(a) the owner and the actual offender are not both liable for the 23
alleged offence; and 24
(b) if an infringement notice penalty is paid or a penalty is imposed 25
on 1 of them for the offence--a further penalty must not be 26
imposed on or recovered from the other person for the offence. 27
`(3) However, the owner must not be taken to have committed the 28
alleged offence if, within 28 days after service on the owner of an 29
infringement notice or summons for the offence, the owner makes and 30
gives to the administering authority an illegal user declaration, a known or 31
unknown user declaration or a sold vehicle declaration for the vehicle for the 32
11
Offence Notices Legislation Amendment
offence. 1
`(4) The declaration must be made by-- 2
(a) if the owner is an individual--the owner; or 3
(b) if the owner is a corporation--an executive officer of the 4
corporation. 5
of infringement notice penalty 6
`Payment
`98F.(1) The alleged offender must not be prosecuted in a court for the 7
alleged offence if the alleged offender pays the infringement notice penalty 8
as required by the infringement notice. 9
`(2) Subsection (1) applies even though more than 1 infringement notice 10
has been served on the alleged offender for the alleged offence. 11
`(3) If payment of the infringement notice penalty is made by cheque and 12
the cheque is dishonoured on presentation, payment is taken not to have 13
been made until-- 14
(a) the cheque is honoured on presentation; or 15
(b) payment in cash is made in place of the cheque. 16
`(4) This section is subject to section 98L (Withdrawal of infringement 17
notice). 18
of illegal user declaration 19
`Effect
`98G.(1) This section applies if-- 20
(a) an offence involving a vehicle happens; and 21
(b) an infringement notice for the offence is served on the person 22
who owns the vehicle at the relevant time; and 23
(c) the person makes and gives the administering authority an illegal 24
user declaration for the vehicle. 25
`(2) In a proceeding for the offence against the owner, the court must not 26
find the owner liable for the offence if it is satisfied (whether on the 27
statements contained in the declaration or otherwise) the vehicle was stolen 28
or illegally taken at the relevant time. 29
12
Offence Notices Legislation Amendment
of known user declaration 1
`Effect
`98H.(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 owns the vehicle at the relevant time; and 5
(c) the person makes and gives the administering authority a known 6
user declaration for the vehicle. 7
`(2) Section 98E (Liability for infringement notice offences involving 8
vehicles) applies as if the person named in the declaration as the person in 9
charge of the vehicle at the relevant time (the "user") were the owner of the 10
vehicle at that time. 11
`(3) A proceeding for the offence may be started against the user only if a 12
copy of the declaration has been served on the user. 13
`(4) In a proceeding for the offence against the user, the declaration is 14
evidence that the person was in charge of the vehicle at the relevant time. 15
`(5) In a proceeding for the offence against the owner of the vehicle, the 16
court must not find the owner liable for the offence if it is satisfied (whether 17
on the statements contained in the declaration or otherwise) the user or 18
someone else was in charge of the vehicle at the relevant time. 19
of sold vehicle declaration 20
`Effect
`98I.(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 owns the vehicle at the relevant time; and 24
(c) the owner makes and gives the administering authority a sold 25
vehicle declaration for the vehicle. 26
`(2) Section 98E (Liability for infringement notice offences involving 27
vehicles) applies as if the person named in the declaration as the person to 28
whom the vehicle was sold or otherwise disposed of (the "buyer") were 29
the owner of the vehicle from the time of the sale or disposal. 30
`(3) A proceeding for the offence may be started against the buyer only if 31
13
Offence Notices Legislation Amendment
a copy of the declaration has been served on the buyer. 1
`(4) In a proceeding for the offence against the buyer, the declaration is 2
evidence that the person was the owner of the vehicle at the relevant time. 3
`(5) In a proceeding for the offence against the owner of the vehicle, the 4
court must not find the owner liable for the offence if it is satisfied (whether 5
on the statements contained in the declaration or otherwise) the owner had 6
sold or disposed of the vehicle before the relevant time. 7
of unknown user declaration 8
`Effect
`98J.(1) This section applies if-- 9
(a) an offence involving a vehicle happens; and 10
(b) an infringement notice for the offence is served on the person 11
who owns the vehicle at the relevant time; and 12
(c) the person makes and gives the administering authority an 13
unknown user declaration for the vehicle. 14
`(2) In a proceeding for the offence against the owner, the court must not 15
find the owner liable for the offence if it is satisfied (whether on the 16
statements contained in the declaration or otherwise)-- 17
(a) that-- 18
(i) if the owner is an individual--the owner was not in charge 19
of the vehicle at the relevant time; or 20
(ii) if the owner is a corporation--the vehicle was not being 21
used for the purposes of the corporation at the relevant time; 22
and 23
(b) that the inquiries made to find out the name and address of the 24
person who was in charge of the vehicle at the relevant time-- 25
(i) were reasonable in the circumstances; and 26
(ii) were carried out with appropriate diligence. 27
provisions 28
`Evidentiary
`98K.(1) This section applies to a proceeding for an infringement notice 29
14
Offence Notices Legislation Amendment
offence. 1
`(2) A certificate purporting to be signed by the administering authority 2
and stating any of the following matters is evidence of the matter-- 3
(a) a specified infringement notice was served in a specified way on a 4
specified person for a specified infringement notice offence; 5
(b) the person did not pay the infringement notice penalty as required 6
by the notice; 7
(c) the notice has not been withdrawn or was withdrawn on a 8
specified date; 9
(d) the offence involved a specified vehicle or animal; 10
(e) a specified person owned the vehicle or animal at a specified time; 11
(f) a specified address is the latest address of the owner of the vehicle 12
in the record of registration of vehicles under a registration Act; 13
(g) a specified person has not given the administering authority an 14
illegal user declaration, known or unknown user declaration or 15
sold vehicle declaration for the offence; 16
(h) a specified person has given the administering authority a 17
specified illegal user declaration, known or unknown user 18
declaration or sold vehicle declaration for the offence; 19
(i) an infringement notice penalty has not been paid by, and a penalty 20
has not been imposed on, a specified or any person for the 21
offence. 22
of infringement notice 23
`Withdrawal
`98L.(1) The administering authority may withdraw an infringement 24
notice by serving a notice on the alleged offender within 28 days after the 25
infringement notice is served on the alleged offender (whether or not the 26
infringement penalty has been paid). 27
`(2) The notice must inform the alleged offender, in general terms, about 28
subsection (3). 29
`(3) If an infringement notice is withdrawn, the following provisions 30
have effect-- 31
15
Offence Notices Legislation Amendment
(a) this Division ceases to apply to the infringement notice offence; 1
(b) if the infringement notice penalty or part of the penalty has been 2
paid by the alleged offender--the amount paid is repayable to the 3
alleged offender; 4
(c) a proceeding for the offence may be taken against any person 5
(including the alleged offender) as if the notice had not been 6
served on the alleged offender. 7
of Division on prosecutions 8
`Effect
`98M.(1) The fact that an infringement notice has been, or could be, 9
served on a person for an offence, does not affect the starting or 10
continuation of a proceeding against the person or anyone else in a court for 11
the offence. 12
`(2) This Division does not-- 13
(a) require the serving of an infringement notice on a person; or 14
(b) limit or otherwise affect the penalty that may be imposed by a 15
court for an offence. 16
`Division 3--Enforcement of infringement notices by registration 17
notices 18
`Reminder
`98N.(1) If-- 19
(a) an infringement notice has been served on a person; and 20
(b) the infringement notice has not been withdrawn; and 21
(c) the time specified in the infringement notice for payment of the 22
infringement notice penalty has elapsed; and 23
(d) the infringement notice penalty has not been paid as required by 24
the notice; and 25
(e) if the infringement notice offence involved a vehicle--the person 26
has not given the administering authority an illegal user 27
declaration, known or unknown user declaration or sold vehicle 28
declaration for the offence; 29
16
Offence Notices Legislation Amendment
an authorised person may serve a notice (the "reminder notice") on the 1
alleged offender. 2
`(2) The reminder notice must-- 3
(a) be in the approved form; and 4
(b) specify the infringement notice and the alleged offence; and 5
(c) inform the alleged offender-- 6
(i) if the person wishes to have the alleged offence dealt with by 7
a court--the person may, by notice given to the 8
administering authority within the time specified in the 9
reminder notice, require the offence to be dealt with by a 10
court; and 11
(ii) if the person does not wish to have the alleged offence dealt 12
with by a court--the person may within the time specified in 13
the reminder notice, pay the amount specified in the 14
reminder notice to be the amount owing for the alleged 15
offence to the administering authority; and 16
(iii) if action is not taken under subparagraph (i) or 17
(ii)--payment of the amount specified in the reminder notice 18
and further costs may be enforced under this Division; and 19
(d) specify where and how the notice under paragraph (c)(i) may be 20
given, or payment may be made, to the administering authority; 21
and 22
(e) include the information that may be prescribed by regulation. 23
`(3) The time specified in the reminder notice for taking the action 24
mentioned in subsection (2)(b)(i) or (ii) must be at least 28 days after the 25
notice is served on the alleged offender. 26
`(4) The amount specified in the reminder notice to be the amount owing 27
for the alleged offence must be the total of the unpaid infringement notice 28
penalty and the amount prescribed by regulation for the cost of serving the 29
notice. 30
procedure 31
`Enforcement
`98O.(1) If-- 32
17
Offence Notices Legislation Amendment
(a) a reminder notice has been served on an alleged offender; and 1
(b) the amount specified in the notice to be the amount owing for the 2
alleged offence has not been paid to the administering authority 3
within the time specified in the notice; and 4
(c) written notice requiring the alleged offence to be dealt with by a 5
court has not been given to the administering authority within that 6
time; 7
an authorised person may notify the SETONS clerk. 8
`(2) The notice (the "enforcement notice") must-- 9
(a) be in the approved form; and 10
(b) be accompanied by the enforcement notice filing fee prescribed 11
by regulation; and 12
(c) specify the alleged offender and the alleged offence; and 13
(d) state that-- 14
(i) an infringement notice was, on a specified day, served on the 15
alleged offender for the alleged offence; and 16
(ii) a reminder notice was, on a specified day, served on the 17
alleged offender for the alleged offence; and 18
(iii) at the time of the giving of the enforcement notice-- 19
(A) the time specified in the reminder notice as the time 20
within which the amount owing for the alleged offence 21
should be paid had elapsed; and 22
(B) the amount specified in the reminder notice to be the 23
amount owing for the alleged offence has not been 24
paid; and 25
(C) written notice that the alleged offender required the 26
alleged offence to be dealt with by a court has not been 27
given to the administering authority; and 28
(D) a proceeding has not been started (other than under this 29
Division) against the alleged offender for the alleged 30
offence; and 31
(E) a proceeding under this Division against the alleged 32
18
Offence Notices Legislation Amendment
offender for the alleged offence has not been withdrawn 1
under section 98W (Withdrawal from acting under this 2
Division). 3
`(3) If a limit is imposed by law on the time within which a prosecution 4
for the alleged offence may be started, an enforcement notice must not be 5
given for the alleged offence after the time. 6
`(4) On the giving of an enforcement notice-- 7
(a) the amount owing for the alleged offence is the total of-- 8
(i) the amount specified in the reminder notice that is unpaid; 9
and 10
(ii) the amount of the enforcement notice filing fee; and 11
(iii) the amount prescribed by regulation for the giving of the 12
enforcement notice; and 13
(b) the amount mentioned in paragraph (a) may be paid only to the 14
SETONS clerk or the clerk's agent. 15
`(5) The SETONS clerk must enter the enforcement notice in a register 16
kept by the SETONS clerk. 17
`(6) After the giving of the enforcement notice, a proceeding may not be 18
started in a court except under this Division against the alleged offender for 19
the alleged offence. 20
orders 21
`Enforcement
`98P.(1) On registering an enforcement notice, the SETONS clerk must 22
order (the "enforcement order") that-- 23
(a) the alleged offender pay to the SETONS clerk the amount owing 24
for the alleged offence within a specified time; and 25
(b) in default of payment-- 26
(i) if the alleged offender is an individual--the person be 27
imprisoned for-- 28
(A) the period prescribed by regulation; or 29
(B) if there is not a prescribed period--the number of days 30
worked out using the following formula (rounded 31
19
Offence Notices Legislation Amendment
upwards to the nearest number)-- 1
number of days = amount then remaining unpaid 2
amount of 1 penalty unit ; or 3
(ii) if the alleged offender is not an individual--the amount be 4
levied under a warrant to seize property of the person. 5
`(2) The enforcement order is taken-- 6
(a) to be an order of the court prescribed by regulation; and 7
(b) for the purposes only of the Penalties and Sentences Act 1992, to 8
have been made after a conviction has been recorded. 9
`(3) The time specified in the order under subsection (1)(a) must be at 10
least 7 days after the alleged offender is served with notice of the order. 11
`(4) The prescribed period under subsection (1)(b)(i)(A) must not be 12
more than the maximum period of imprisonment a court could impose on a 13
person on conviction for the alleged offence in default of payment of a 14
penalty equal to the amount owing for the alleged offence. 15
`(5) For the purposes of subsection (2), the prescribed court is taken to 16
have jurisdiction to have made the enforcement order. 17
of enforcement order 18
`Notice
`98Q.(1) On the making of an enforcement order, the SETONS clerk 19
must notify the alleged offender of the enforcement order by certified mail. 20
`(2) The notice (the "enforcement order notice") must-- 21
(a) be in the approved form; and 22
(b) specify the alleged offence and the infringement notice; and 23
(c) inform the alleged offender-- 24
(i) an enforcement order has been made for the payment by the 25
alleged offender of an amount for the alleged offence; and 26
(ii) within the time specified in the notice-- 27
(A) the amount must be paid as specified in the notice; or 28
(B) if the alleged offender wishes to have the alleged 29
offence dealt with by a court--an election to have the 30
20
Offence Notices Legislation Amendment
alleged offence dealt with by a court must be made 1
under section 98V (Election for court hearing); and 2
(iii) if payment is not made and an election is not made--a 3
warrant may be issued for the alleged offence. 4
for time to pay 5
`Applications
`98R.(1) A person against whom an enforcement order is made may 6
apply to the SETONS clerk in the approved form for-- 7
(a) an extension of the time to pay the amount payable under the 8
order; or 9
(b) permission for payment to be made by instalments. 10
`(2) An application may not be made after the issue of a warrant under 11
section 98S (Issue of warrants) for the enforcement order. 12
`(3) The SETONS clerk may order that the enforcement order be 13
amended by-- 14
(a) extending the time to pay the amount payable under the order; or 15
(b) permitting payment to be made by specified instalments. 16
`(4) The SETONS clerk must notify the alleged offender of the 17
amendment. 18
of warrants 19
`Issue
`98S.(1) If-- 20
(a) the amount specified in an enforcement order has not been paid as 21
required by the order; and 22
(b) an election has not been made under section 98V (Election for 23
court hearing); 24
the SETONS clerk may-- 25
(c) if the alleged offender is an individual--issue a warrant of 26
commitment against the person; or 27
(d) if the alleged offender is not an individual--issue a warrant of 28
execution against the property of the person. 29
21
Offence Notices Legislation Amendment
`(2) The warrant-- 1
(a) must be in the approved form; and 2
(b) be directed to all police officers; and 3
(c) has effect as a warrant issued by a justice. 4
`(3) On the issue of the warrant, the amount owing for the alleged 5
offence is-- 6
(a) the amount that was outstanding before the warrant was issued; 7
and 8
(b) the amount of the execution fee prescribed by regulation. 9
of proceedings under this Division 10
`Effect
`98T.(1) If-- 11
(a) the amount owing for the alleged offence is paid in full under this 12
Division; or 13
(b) a warrant is executed under this Division for the alleged offence; 14
the proceedings that may be brought against, and the penalties that may be 15
imposed on, the alleged offender for the alleged offence are limited to 16
proceedings and penalties that could be brought or imposed if the alleged 17
offender had already been convicted of, and punished for, the alleged 18
offence. 19
`(2) Subject to section 98P(2)(b) (Enforcement orders), the making of 20
the enforcement order is not a conviction for the alleged offence. 21
`(3) Payment of an amount under this Division for the alleged offence is 22
not an admission for the purposes of any proceeding, whether civil or 23
criminal, arising out of the event for which the infringement notice was 24
issued. 25
`(4) Subsection (3) may be displaced, wholly or partly, by an express 26
provision of another Act. 27
`(5) Section 177 (Remission of penalty) applies to an enforcement order 28
in the same way as it applies to a conviction. 29
22
Offence Notices Legislation Amendment
option orders 1
`Fine
`98U. Division 2 (Fine option orders) of Part 4 (Fines) of the Penalties 2
and Sentences Act 1992 applies to an enforcement order as if-- 3
(a) the amount owing for the alleged offence under section 98S(3) 4
(Issue of warrants) were a fine; and 5
(b) the order were an original order made by the court prescribed for 6
the purpose of section 98P(2)(a) (Enforcement orders); and 7
(c) the SETONS clerk were the clerk of that court. 8
for court hearing 9
`Election
`98V.(1) After an enforcement order is made for an alleged offence, but 10
before-- 11
(a) the amount outstanding under this Division is paid; or 12
(b) a warrant under this Division is issued; 13
the alleged offender may elect, by written notice given to the SETONS 14
clerk, to have a complaint of the alleged offence dealt with by a court. 15
`(2) On the making of the election-- 16
(a) any order issued under this Division for the alleged offence 17
ceases to have effect; and 18
(b) the SETONS clerk must notify-- 19
(i) the alleged offender; and 20
(ii) the authorised person who gave the enforcement notice; 21
that this Division no longer applies to the alleged offence. 22
`(3) On the giving of the notices under subsection (2)(b), the provisions 23
of this Act (other than this Division) apply to the alleged offence. 24
from acting under this Division 25
`Withdrawal
`98W.(1) If-- 26
(a) a reminder notice has been served for an infringement notice; and 27
(b) a warrant under this Division has not been issued for the alleged 28
23
Offence Notices Legislation Amendment
offence; and 1
(c) the alleged offence has not been dealt with by a court; 2
an authorised person may (whether or not payment has been made of the 3
amount owing for the alleged offence) withdraw from acting under this 4
Division in relation to the alleged offence. 5
`(2) The withdrawal must be effected by-- 6
(a) serving on the alleged offender a notice in the approved form; and 7
(b) refunding any amount paid by the alleged offender for the alleged 8
offence; and 9
(c) if an enforcement notice has been given for the offence--giving 10
to the SETONS clerk a copy of the notice. 11
`(3) After the action required by subsection (2) has been taken-- 12
(a) any notice or enforcement order under this Division for the 13
alleged offence ceases to have effect; and 14
(b) if a prosecution has started for the alleged offence--the 15
proceeding is, by the operation of this section, discontinued. 16
`Division 4--Miscellaneous 17
by administering authority 18
`Delegation
`98X.(1) An administering authority may delegate its powers under this 19
Part to a person. 20
`(2) If the person to whom the powers are delegated is the chief executive 21
of a department of government or another person prescribed by regulation, 22
the chief executive or other person may subdelegate the powers to another 23
person.'. 24
of heading to s.268 (Savings and transitional) 25
Replacement
Clause6. Section 268 (heading)-- 26
omit, insert-- 27
`References to certain former offices etc.'. 28
24
Offence Notices Legislation Amendment
of new ss.269 and 270 1
Insertion
Clause7. After section 268-- 2
insert-- 3
provisions for SETONS 4
`Transitional
`269.(1) Part 4A (Enforcement of infringement notices by registration) 5
as in force immediately before the commencement of this section continues 6
to apply to an infringement notice for which a reminder notice was served 7
under the Part before the commencement. 8
`(2) This section expires 1 year after it commences. 9
transitional provisions for SETONS 10
`Further
`270.(1) In Division 3 (Enforcement of infringement notices by 11
registration) of Part 4A (Infringement Notices)-- 12
"illegal user declaration" for an alleged offence involving a vehicle 13
includes a notice, statutory declaration or other document, under a 14
relevant law, that is prescribed by regulation under this Act to be an 15
illegal user declaration; 16
"infringement notice" includes a notice that-- 17
(a) is issued, given or served under a relevant law; and 18
(b) is prescribed by regulation under this Act to be an infringement 19
notice; 20
"infringement notice offence" includes an offence under a relevant law for 21
which an infringement notice was issued, given or served; 22
"infringement notice penalty" for an infringement notice offence under a 23
relevant law includes the amount specified in the infringement notice to 24
be the penalty payable for the offence; 25
"known user declaration" for an alleged offence involving a vehicle 26
includes a notice, statutory declaration or other document, under a 27
relevant law, that is prescribed by regulation under this Act to be a 28
known user declaration; 29
"relevant law" means a law in force immediately before the 30
commencement of this section prescribed by regulation to be a relevant 31
25
Offence Notices Legislation Amendment
law; 1
"sold vehicle declaration" for an alleged offence involving a vehicle 2
includes a notice, statutory declaration or other document, under a 3
relevant law, that is prescribed by regulation under this Act to be a sold 4
vehicle declaration; 5
"unknown user declaration" for an alleged offence involving a vehicle 6
includes a notice, statutory declaration or other document, under a 7
relevant law, that is prescribed by regulation under this Act to be an 8
unknown user declaration. 9
`(2) This section expires 1 year after it commences.'. 10
ART 3--AMENDMENT OF MOTOR VEHICLES 11
P
SAFETY AMENDMENT ACT 1993 12
Act 13
Amended
The Motor Vehicles Safety Amendment Act 1993 is amended as set 14
Clause8.
out in this Part. 15
of s.11 (Amendment of s.51 (Regulations)) 16
Omission
Section 11-- 17
Clause9.
omit. 18
PART 4--AMENDMENT OF TRAFFIC ACT 1949 19
Act 20
Amended
The Traffic Act 1949 is amended as set out in this Part. 21
Clause10.
26
Offence Notices Legislation Amendment
of s.44V (Effect of action under Part 4A of Justices Act) 1
Amendment
Section 44V-- 2
Clause11.
omit `98D', insert `98N'. 3
4
© State of Queensland 1993
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