Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
State Penalties Enforcement
and Other Legislation
Amendment Bill 2006
Queensland
State Penalties Enforcement and Other
Legislation Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of State Penalties Enforcement Act 1999
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 11 (Management of office) . . . . . . . . . . . . . . . . 6
5 Amendment of s 15 (Infringement notices) . . . . . . . . . . . . . . . . . 7
6 Amendment of s 22 (Ways alleged offender may deal with
infringement notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 23 (Application to pay fine by instalments) . . . . 7
8 Amendment of s 33 (Default by person served with infringement
notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 34 (Default in paying fine, penalty or other
amount under court order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 35 (Effect of registration under this division) . . . 10
11 Amendment of s 36 (Default in paying instalment) . . . . . . . . . . . . 10
12 Amendment of s 38 (Issue of enforcement order) . . . . . . . . . . . . 10
13 Omission of s 39 (Working out period of imprisonment for
enforcement order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Amendment of s 41 (Ways enforcement debtor may deal with
enforcement order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Replacement of s 42 (Application for time to pay) . . . . . . . . . . . . 11
42 Application to pay by instalments . . . . . . . . . . . . . . . . 11
16 Amendment of s 46 (Fine option order only for unpaid fine) . . . . 12
17 Amendment of s 52 (Default after time to pay) . . . . . . . . . . . . . . . 12
18 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
52A Working out period of imprisonment for arrest and
imprisonment warrant . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
19 Amendment of s 56 (Applications for cancellation of
enforcement orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Amendment of s 57 (Decision on application) . . . . . . . . . . . . . . . 14
21 Amendment of s 58 (Appeal against refusal to cancel
enforcement order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Omission of s 59 (Proceedings for offence if enforcement order
cancelled) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 61 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 63 (Issue of enforcement warrant) . . . . . . . . . . 15
25 Amendment of s 104 (Criteria for suspending driver licence) . . . 15
26 Replacement of s 118 (Good behaviour order when
imprisonment not appropriate) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
118 Good behaviour order when imprisonment not
appropriate .............................. 15
27 Amendment of s 119 (Enforcement by imprisonment) . . . . . . . . . 17
28 Amendment of s 135 (Default certificate for infringement notice
offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Amendment of s 136 (Instalment payment notice) . . . . . . . . . . . . 17
30 Amendment of s 137 (Enforcement order) . . . . . . . . . . . . . . . . . . 18
31 Amendment of s 147 (Effect of notices, orders and warrants) . . . 19
32 Insertion of new ss 150A and 150B . . . . . . . . . . . . . . . . . . . . . . . 19
150A Registrar may write off unpaid fine or other amount. . 19
150B Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Amendment of s 152 (Information from entities other than police
service). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Replacement of pt 10, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3 Transitional provisions for State Penalties
Enforcement and Other Legislation
Amendment Act 2006
175 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
176 Transitional provision about management of office . . 21
177 Transitional provision for extension of time to pay an
amount stated in an enforcement order . . . . . . . . . . . 22
178 Transitional provision for cancellation of enforcement
order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
179 Transitional provision for good behaviour order . . . . . 23
36 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 3 Amendment of Bail Act 1980
37 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
38 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Replacement of s 32A (Order for payment of amount under
forfeited undertaking) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32A Order for payment of amount under forfeited
undertaking ............................. 24
Part 4 Amendment of Guardianship and Administration Act 2000
40 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Amendment of s 200 (Selection) . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 Amendment of s 214 (Selection) . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 5 Amendment of Justices Act 1886
43 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Amendment of s 161A (Mode of levying penalties, moneys or
costs) .......................................... 25
Part 6 Amendment of Land and Resources Tribunal Act 1999
45 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
46 Amendment of s 7 (Presiding members) . . . . . . . . . . . . . . . . . . . 26
Part 7 Amendment of Penalties and Sentences Act 1992
47 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 27
49 Replacement of s 33B (Order for payment of amount under
forfeited recognisance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33B Order for payment of amount under forfeited
recognisance ............................. 27
50 Amendment of s 36 (What order may state). . . . . . . . . . . . . . . . . 28
51 Amendment of s 38 (Extension of time) . . . . . . . . . . . . . . . . . . . . 28
52 Replacement of ss 50 and 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Instalment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Payment of fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
53 Amendment of s 94 (Additional requirements of probation order) 29
54 Omission of s 104 (Requirements relating to restitution and
compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
55 Amendment of s 115 (Additional requirements of intensive
correction order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
56 Amendment of s 182A (Court may make order for default
payment of penalty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
57 Amendment of s 185A (If offender does not pay penalty under
s 185) .......................................... 30
58 Amendment of s 185B (Power of proper officer to postpone
warrant) ........................................ 30
4
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
59 Insertion of new s 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
215 Transitional provision for State Penalties
Enforcement and Other Legislation Amendment Act
2006 ................................... 31
2006
A Bill
for
An Act to amend the State Penalties Enforcement Act 1999 and
other Acts administered by the Attorney-General and Minister
for Justice and Women
s1 6 s4
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the State Penalties Enforcement and 4
Other Legislation Amendment Act 2006. 5
Clause 2 Commencement 6
Parts 2, 3, 5 and 7 commence on a date to be fixed by 7
proclamation. 8
Part 2 Amendment of State Penalties 9
Enforcement Act 1999 10
Clause 3 Act amended in pt 2 11
This part amends the State Penalties Enforcement Act 1999. 12
Clause 4 Amendment of s 11 (Management of office) 13
(1) Section 11(1)-- 14
omit, insert-- 15
`(1) The registrar may make or issue an enforcement order, fine 16
collection notice or warrant under this Act.'. 17
(2) Section 11(2)-- 18
omit. 19
(3) Section 11(3), `and other staff have'-- 20
omit, insert-- 21
s5 7 s7
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`has'. 1
(4) Section 11(3) and (4)-- 2
renumber as section 11(2) and (3). 3
Clause 5 Amendment of s 15 (Infringement notices) 4
Section 15(2)(f)(ii)-- 5
omit, insert-- 6
`(ii) make to the administering authority an election to 7
have the matter of the offence decided in a 8
Magistrates Court; or'. 9
Clause 6 Amendment of s 22 (Ways alleged offender may deal with 10
infringement notice) 11
Section 22(1)(b), `give'-- 12
omit, insert-- 13
`make'. 14
Clause 7 Amendment of s 23 (Application to pay fine by 15
instalments) 16
(1) Section 23(2), `in the approved form'-- 17
omit. 18
(2) Section 23-- 19
insert-- 20
`(2A) The application must be made in-- 21
(a) the approved form; or 22
(b) another way acceptable to the administering authority. 23
24
Example of other ways an application may be made that may be
25
acceptable to the administering authority--
26
· by telephone
27
· by use of the internet'.
(3) Section 23(4)-- 28
s8 8 s8
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
omit, insert-- 1
`(4) The administering authority must approve the application if-- 2
(a) the application complies with this section; and 3
(b) the administering authority is satisfied the application 4
was made by the alleged offender.'. 5
(4) Section 23(6)-- 6
omit, insert-- 7
`(6) The administering authority must, at the time the alleged 8
offender makes the application, inform the alleged offender of 9
the consequences of failing to pay the instalments.'. 10
(5) Section 23(7), `Subsection (3)'-- 11
omit, insert-- 12
`Subsection (4)'. 13
(6) Section 23(2A) to (7)-- 14
renumber as section 23(3) to (8). 15
Clause 8 Amendment of s 33 (Default by person served with 16
infringement notice) 17
(1) Section 33(1)(c)-- 18
omit, insert-- 19
`(c) made to the administering authority an election to have 20
the matter of the offence decided in a Magistrates Court; 21
or'. 22
(2) Section 33-- 23
insert-- 24
`(1A) For subsection (1)(c), an election may be made-- 25
(a) in the approved form; or 26
(b) in another way acceptable to the administering 27
authority. 28
s9 9 s9
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
1
Examples of other ways an election may be made that may be
2
acceptable to the administering authority--
3
· by telephone
4
· by use of the internet'.
(3) Section 33(2), `However, a'-- 5
omit, insert-- 6
`A'. 7
(4) Section 33(1A) to (6)-- 8
renumber as section 33(2) to (7). 9
Clause 9 Amendment of s 34 (Default in paying fine, penalty or 10
other amount under court order) 11
Section 34(1) and (2)-- 12
omit, insert-- 13
`(1) This section applies to any of the following orders made by a 14
court-- 15
(a) an order fining a person for an offence; 16
(b) an order under the Penalties and Sentences Act 1992, 17
section 33B(1) that an amount be paid on the forfeiture 18
of a recognisance; 19
(c) an order that a person pay to someone else an amount by 20
way of restitution or compensation under the Penalties 21
and Sentences Act 1992, section 35(1); 22
(d) an order that a person pay a penalty mentioned in the 23
Penalties and Sentences Act 1992, section 182A or 185; 24
(e) an order under the Bail Act 1980, 32(1) or 32A(1) that 25
an amount be paid on the forfeiture of an undertaking; 26
(f) an order under the Justices Act 1886, section 161A that 27
an amount be recoverable by execution or that details of 28
the amount be registered under this Act; 29
(g) an order made before 27 November 2000 that a person 30
pay an amount under the Crown Proceedings Act 1980, 31
section 13 or 14. 32
s 10 10 s 12
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`(2) Subsection (1)(a) to (f) applies to an order whether made 1
before or after the commencement of this section. 2
`(2A) At any time after the order is made, if all or part of the fine or 3
other amount is unpaid, the court registrar may give to SPER, 4
for registration, the prescribed particulars of the unpaid 5
amount. 6
`(2B) However, subsection (2A) does not apply to an unpaid amount 7
under an order mentioned in subsection (1)(d) or (f) if, at the 8
time the court makes the order, the court can not order that 9
payment of the unpaid amount can be satisfied by imprisoning 10
the person for a period.'. 11
Clause 10 Amendment of s 35 (Effect of registration under this 12
division) 13
Section 35(2)(a)-- 14
omit, insert-- 15
`(a) if the amount is registered because of a default 16
certificate, the amount unpaid is increased by the 17
amount of the registration fee; and'. 18
Clause 11 Amendment of s 36 (Default in paying instalment) 19
Section 36, `, on 2 consecutive occasions,'-- 20
omit. 21
Clause 12 Amendment of s 38 (Issue of enforcement order) 22
(1) Section 38(4)-- 23
omit. 24
(2) Section 38(5)-- 25
renumber as section 38(4). 26
s 13 11 s 15
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 13 Omission of s 39 (Working out period of imprisonment for 1
enforcement order) 2
Section 39-- 3
omit. 4
Clause 14 Amendment of s 41 (Ways enforcement debtor may deal 5
with enforcement order) 6
(1) Section 41(b) and (c)-- 7
omit, insert-- 8
`(b) apply to SPER, in the approved form or in another way 9
acceptable to SPER, to pay the amount by instalments of 10
not less than the minimum instalment; or'. 11
(2) Section 41(e), `give'-- 12
omit, insert-- 13
`make'. 14
(3) Section 41(d) and (e)-- 15
renumber as section 41(c) and (d). 16
Clause 15 Replacement of s 42 (Application for time to pay) 17
Section 42-- 18
omit, insert-- 19
`42 Application to pay by instalments 20
`(1) Within 28 days after the date of an enforcement order, the 21
enforcement debtor may apply to SPER for approval to pay 22
the amount stated in the order by instalments. 23
`(2) The application must be made-- 24
(a) in the approved form; or 25
(b) in another way acceptable to SPER. 26
27
Examples of other ways an application may be made that may be
28
acceptable to SPER--
29
· by telephone
30
· by use of the internet
s 16 12 s 17
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`(3) The enforcement debtor must, at the time of making the 1
application, be informed by SPER of the consequences of 2
failing to pay the account within the time allowed, including 3
by instalments. 4
`(4) If the registrar is satisfied the application was made by the 5
enforcement debtor, the registrar may allow the amount to be 6
paid by stated instalments of not less than the minimum 7
instalment. 8
`(5) Despite subsection (4), the registrar may, if satisfied 9
exceptional circumstances exist, allow the amount to be paid 10
by stated instalments of less than the minimum instalment. 11
`(6) The registrar must give the enforcement debtor notice of the 12
decision. 13
`(7) If the registrar decides to allow payment of the amount by 14
instalments, the registrar must also give the enforcement 15
debtor an instalment payment notice for the amount.'. 16
Clause 16 Amendment of s 46 (Fine option order only for unpaid 17
fine) 18
(1) Section 46(a), `, excluding an ancillary order,'-- 19
omit. 20
(2) Section 46(a), examples-- 21
omit. 22
Clause 17 Amendment of s 52 (Default after time to pay) 23
(1) Section 52(1)(a), `or the later time allowed under section 24
42'-- 25
omit. 26
(2) Section 52(4), from `in the same way'-- 27
omit, insert-- 28
`under section 52A.'. 29
s 18 13 s 19
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 18 Insertion of new s 52A 1
After section 52-- 2
insert-- 3
`52A Working out period of imprisonment for arrest and 4
imprisonment warrant 5
`(1) The period of imprisonment that may be stated in an arrest 6
and imprisonment warrant for an amount ordered to be paid 7
by a court must be the period worked out by dividing the 8
amount stated in the warrant, less any enforcement or 9
administrative fees added by SPER, by the relevant cut-out 10
rate for a court order rounded down to the nearest whole 11
number and expressed as a number of days. 12
`(2) The period of imprisonment that may be stated in an arrest 13
and imprisonment warrant for an infringement notice offence 14
must be the period worked out by dividing the amount stated 15
in the warrant, less any enforcement or administrative fees 16
added by SPER, by the cut-out rate for an infringement notice 17
offence, rounded down to the nearest whole number and 18
expressed as a number of days. 19
`(3) However, the maximum period that may be stated in an arrest 20
and imprisonment warrant for an amount a surety must pay 21
under the Bail Act 1980 or the Penalties and Sentences Act 22
1992 must not be more than 2 years.'. 23
Clause 19 Amendment of s 56 (Applications for cancellation of 24
enforcement orders) 25
(1) Section 56(1)-- 26
insert-- 27
`(d) the person is applying to a Magistrates Court to hear the 28
matter of the offence to which the relevant enforcement 29
order relates.'. 30
(2) Section 56-- 31
insert-- 32
`(2A) Despite subsection (2), an application under subsection (1)(d) 33
may be made after the periods mentioned in subsection (2) 34
s 20 14 s 22
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
have ended if the registrar is satisfied the applicant has 1
reasonable grounds for the delay.'. 2
(3) Section 56(2A) and (3)-- 3
renumber as section 56(3) and (4). 4
Clause 20 Amendment of s 57 (Decision on application) 5
Section 57(4) to (6)-- 6
omit, insert-- 7
`(4) If the registrar cancels the relevant enforcement order, the 8
registrar must refer the matter of the offence to the 9
administering authority. 10
`(5) The administering authority may start a proceeding against 11
the applicant for the offence. 12
`(6) The registrar must give the applicant notice of the decision in 13
the approved form.'. 14
Clause 21 Amendment of s 58 (Appeal against refusal to cancel 15
enforcement order) 16
(1) Section 58(1), `section 57(5)'-- 17
omit, insert-- 18
`section 57(6)'. 19
(2) Section 58(6), `referral notice'-- 20
omit, insert-- 21
`notice of the decision under section 57(6)'. 22
Clause 22 Omission of s 59 (Proceedings for offence if enforcement 23
order cancelled) 24
Section 59-- 25
omit. 26
s 23 15 s 26
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 23 Amendment of s 61 (Application of pt 5) 1
Section 61(a)(i), `or the further time allowed under section 2
42'-- 3
omit. 4
Clause 24 Amendment of s 63 (Issue of enforcement warrant) 5
Section 63(3)(c) and (4), `3 months'-- 6
omit, insert-- 7
`6 months'. 8
Clause 25 Amendment of s 104 (Criteria for suspending driver 9
licence) 10
Section 104(5), `or a further time allowed under section 42'-- 11
omit. 12
Clause 26 Replacement of s 118 (Good behaviour order when 13
imprisonment not appropriate) 14
Section 118-- 15
insert-- 16
`118 Good behaviour order when imprisonment not 17
appropriate 18
`(1) This section applies if-- 19
(a) an enforcement warrant or a fine collection notice has 20
been or may be issued for an enforcement debtor for an 21
unpaid amount; and 22
(b) the registrar is satisfied that-- 23
(i) the enforcement debtor is not suitable for 24
performing community service under a fine option 25
order; and 26
(ii) the enforcement debtor can not pay or continue to 27
pay all or part of the unpaid amount; and 28
s 26 16 s 26
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
(iii) in the particular circumstances, it may be 1
inappropriate to enforce the payment of the amount 2
by issuing an arrest and imprisonment warrant for 3
the enforcement debtor. 4
`(2) For subsection (1)(b), in deciding whether the registrar is 5
satisfied of the matters mentioned in that paragraph, the 6
registrar may have regard to any relevant advice, including 7
expert advice, the registrar considers appropriate. 8
`(3) The registrar may, with the consent of the enforcement debtor, 9
order that the enforcement debtor must be of good behaviour 10
for the period, of not longer than 3 years, stated in the order 11
(the good behaviour order) on the conditions the registrar 12
considers appropriate. 13
`(4) As soon as practicable after making the good behaviour order, 14
the registrar must give a copy of the order to the enforcement 15
debtor. 16
`(5) The good behaviour order must include information about-- 17
(a) the enforcement debtor's right to apply to have the order 18
cancelled or varied; and 19
(b) how the application may be made; and 20
(c) the consequences and enforcement action the registrar 21
may take if the good behaviour order is cancelled. 22
`(6) The enforcement debtor may apply to SPER to have the good 23
behaviour order cancelled or varied. 24
`(7) The application must be made-- 25
(a) in the approved form; or 26
(b) in another way acceptable to SPER. 27
28
Examples of other ways an application may be made that may be
29
acceptable to SPER--
30
· by telephone
31
· by use of the internet
`(8) If the enforcement debtor applies for the good behaviour order 32
to be cancelled or the registrar is satisfied the enforcement 33
debtor has contravened the good behaviour order, including, 34
s 27 17 s 29
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
for example, by incurring a further fine, the registrar may, 1
without notice to the enforcement debtor, cancel the order. 2
`(9) If the registrar cancels the good behaviour order-- 3
(a) the unpaid amount becomes payable; and 4
(b) the registrar may take any enforcement action the 5
registrar could have taken if the good behaviour order 6
had not been made. 7
`(10) If the period stated in the good behaviour order ends without 8
the registrar cancelling the order, the unpaid amount is no 9
longer payable.'. 10
Clause 27 Amendment of s 119 (Enforcement by imprisonment) 11
Section 119(4), `section 39'-- 12
omit, insert-- 13
`section 52A'. 14
Clause 28 Amendment of s 135 (Default certificate for infringement 15
notice offence) 16
Section 135(e)(iii)-- 17
omit, insert-- 18
`(iii) make to the administering authority an election to 19
have the matter of the offence decided in a 20
Magistrates Court;'. 21
Clause 29 Amendment of s 136 (Instalment payment notice) 22
(1) Section 136-- 23
insert-- 24
`(ea) if the person has an unpaid amount under an instalment 25
payment notice (an earlier instalment payment notice) 26
given to the person earlier-- 27
(i) the offence to which the earlier instalment payment 28
notice related; and 29
s 30 18 s 30
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
(ii) the unpaid amount under the earlier instalment 1
payment notice; and 2
(iii) that the amount to be paid for each instalment 3
under this instalment payment notice (the current 4
instalment payment notice) includes an amount 5
paid to satisfy the earlier instalment payment 6
notice; and 7
(iv) that the requirement to pay instalments under the 8
earlier instalment payment notice ends on the 9
giving of the current instalment payment notice to 10
the person;'. 11
(2) Section 136(ea) to (i)-- 12
renumber as section 136(1)(f) to (j). 13
(3) Section 136-- 14
insert-- 15
`(2) If a person who has an earlier instalment payment notice is 16
given a current instalment payment notice that states the 17
information mentioned in subsection (1)(f), any previous 18
arrangement to pay instalments under the earlier instalment 19
payment notice ends on the giving of the current instalment 20
payment notice to the person. 21
`(3) For subsection (1)(f) and (2), a reference to an earlier 22
instalment payment notice includes an instalment payment 23
notice given to a person before the commencement of this 24
subsection.'. 25
Clause 30 Amendment of s 137 (Enforcement order) 26
(1) Section 137(1)(e)(ii)-- 27
omit. 28
(2) Section 137(1)(e)(v), `give'-- 29
omit, insert-- 30
`make'. 31
(3) Section 137(1)(e)(iii) to (v)-- 32
renumber as section 137(1)(e)(ii) to (iv). 33
s 31 19 s 32
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 31 Amendment of s 147 (Effect of notices, orders and 1
warrants) 2
Section 147, `or staff of the registry mentioned in section 11' 3
and footnote-- 4
omit. 5
Clause 32 Insertion of new ss 150A and 150B 6
After section 150-- 7
insert-- 8
`150A Registrar may write off unpaid fine or other amount 9
`(1) The registrar may write off all or part of a fine or another 10
amount payable by a person under this Act, whether or not 11
any part of the fine or other amount is payable to someone 12
other than the State-- 13
(a) if the person dies; or 14
(b) if the person is a corporation that has been deregistered; 15
or 16
(c) if there is insufficient information to establish the 17
identity of the person liable to pay the fine or other 18
amount; or 19
(d) in other circumstances permitted under a guideline 20
issued by the Minister under section 150B. 21
`(2) The fine or other amount stops being payable from the time it 22
is written off. 23
`150B Guidelines 24
`(1) The Minister may issue guidelines about the writing off of 25
fines and other amounts payable by persons under this Act. 26
`(2) A guideline issued under subsection (1) must not be made 27
available to members of the public.'. 28
s 33 20 s 33
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 33 Amendment of s 152 (Information from entities other than 1
police service) 2
(1) Section 152(1)-- 3
omit, insert-- 4
`(1) For enforcing this Act, the registrar may ask a relevant entity 5
for relevant information about a stated person as shown in any 6
records kept by the relevant entity.'. 7
(2) Section 152(2), `entity or local government'-- 8
omit, insert-- 9
`relevant entity'. 10
(3) Section 152(2), (4) and (5), `information'-- 11
omit, insert-- 12
`relevant information'. 13
(4) Section 152(9)-- 14
insert-- 15
`relevant entity-- 16
(a) means-- 17
(i) an administering authority; or 18
(ii) an authorised person; or 19
(iii) a local government; or 20
(iv) a State entity; or 21
(v) the Royal Society for the Prevention of Cruelty to 22
Animals Queensland Incorporated; but 23
(b) does not include the Queensland Police Service. 24
relevant information, about a person, means information 25
about the following-- 26
(a) the person's current and any previous address; 27
(b) the person's date of birth; 28
(c) the person's telephone number; 29
(d) any bank account held by the person; 30
s 34 21 s 35
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
(e) the person's employer; 1
(f) any property in which the person has a legal or 2
beneficial interest.'. 3
Clause 34 Replacement of pt 10, div 1, hdg 4
Part 10, division 1, heading-- 5
omit, insert-- 6
`Division 1 Transitional provisions for Act No. 7
70 of 1999'. 8
Clause 35 Insertion of new pt 10, div 3 9
After section 174-- 10
insert-- 11
`Division 3 Transitional provisions for State 12
Penalties Enforcement and Other 13
Legislation Amendment Act 2006 14
`175 Definition for div 3 15
`In this division-- 16
amendment Act means the State Penalties Enforcement and 17
Other Legislation Amendment Act 2006. 18
`176 Transitional provision about management of office 19
`(1) This section applies if, immediately before the 20
commencement of the amendment provision, an enforcement 21
order, warrant or fine collection notice properly made or 22
issued by a member of the staff of the registry was still in 23
force. 24
`(2) The order, warrant or notice continues in force according to its 25
terms as if the amendment provision had not commenced. 26
`(3) A member of the staff of the registry continues to have the 27
same immunities and protections in relation to making or 28
s 35 22 s 35
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
issuing the relevant document as the staff member would have 1
had if the amendment provision had not commenced. 2
`(4) In this section-- 3
amendment provision means section 4 of the amendment Act. 4
`177 Transitional provision for extension of time to pay an 5
amount stated in an enforcement order 6
`(1) This section applies if, immediately before the 7
commencement of this section, an application for an extension 8
of time to pay an amount stated in an enforcement order has 9
been made under repealed section 41(b) or 42(1)(a) but not 10
decided. 11
`(2) On the commencement, the application is taken to be 12
cancelled. 13
`(3) In this section-- 14
repealed section 41(a) or 42(1)(a) means section 41(a) or 15
42(1)(a) as in force before the commencement of section 15 of 16
the amendment Act. 17
`178 Transitional provision for cancellation of enforcement 18
order 19
`(1) This section applies if, immediately before the 20
commencement of this section, the registrar had cancelled an 21
enforcement order under previous section 57 but had not 22
referred the matter of the offence to a Magistrates Court. 23
`(2) On the commencement-- 24
(a) the registrar must not refer the matter of the offence to a 25
Magistrates Court; and 26
(b) new section 57 applies to the cancellation of the 27
enforcement order as if the cancellation had happened 28
after the commencement. 29
`(3) In this section-- 30
new section 57 means section 57 as amended by the 31
amendment Act. 32
s 36 23 s 36
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
previous section 57 means section 57 as in force before the 1
commencement of section 20 of the amendment Act. 2
`179 Transitional provision for good behaviour order 3
`(1) After the commencement of this section, a good behaviour 4
order may be made under the new section 118 in relation to an 5
enforcement warrant or a fine collection notice issued or that 6
could have been issued before the commencement as if the 7
enforcement warrant or fine collection notice was issued after 8
the commencement. 9
`(2) In this section-- 10
new section 118 means section 118 as in force after the 11
commencement of section 26 of the amendment Act.'. 12
Clause 36 Amendment of sch 2 (Dictionary) 13
(1) Schedule 2, definition cut-out rate, paragraph (b), `$60'-- 14
omit, insert-- 15
`$75'. 16
(2) Schedule 2, definition cut-out rate, paragraphs (d) and (e)-- 17
renumber as paragraphs (e) and (f). 18
(3) Schedule 2, definition cut-out rate-- 19
insert-- 20
`(d) for a court order under which a surety is not required to 21
serve a term of imprisonment for failing to pay an 22
amount under the Bail Act 1980 or the Penalties and 23
Sentences Act 1992--the amount prescribed under a 24
regulation for this paragraph or, if no amount is 25
prescribed, $75; or'. 26
s 37 24 s 39
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Part 3 Amendment of Bail Act 1980 1
Clause 37 Act amended in pt 3 2
This part amends the Bail Act 1980. 3
Clause 38 Amendment of s 6 (Definitions) 4
Section 6-- 5
insert-- 6
`SPER means the State Penalties Enforcement Registry 7
established under the State Penalties Enforcement Act 1999.'. 8
Clause 39 Replacement of s 32A (Order for payment of amount 9
under forfeited undertaking) 10
Section 32A-- 11
omit, insert-- 12
`32A Order for payment of amount under forfeited 13
undertaking 14
`(1) A court that orders the payment of a deposit of money or other 15
security (the amount) under section 32 for which there is a 16
surety must also order-- 17
(a) that the surety pay the amount to the proper officer of 18
the court immediately or within the time or by the 19
instalments stated in the order; or 20
(b) that the proper officer of the court is to give the 21
prescribed particulars of the amount to SPER for 22
registration under the State Penalties Enforcement Act 23
1999, section 34. 24
`(2) If the court makes an order under subsection (1)(a), the court 25
may also order that the surety be imprisoned for the term, of 26
not more than 2 years, stated in the order if the surety defaults 27
in paying the amount.'. 28
s 40 25 s 44
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Part 4 Amendment of Guardianship 1
and Administration Act 2000 2
Clause 40 Act amended in pt 4 3
This part amends the Guardianship and Administration Act 4
2000. 5
Clause 41 Amendment of s 200 (Selection) 6
Section 200-- 7
insert-- 8
`(3) Subsections (1) and (2) do not apply to the reappointment of a 9
person as the adult guardian.'. 10
Clause 42 Amendment of s 214 (Selection) 11
Section 214-- 12
insert-- 13
`(3) Subsections (1) and (2) do not apply to the reappointment of a 14
person as the public advocate.'. 15
Part 5 Amendment of Justices Act 16
1886 17
Clause 43 Act amended in pt 5 18
This part amends the Justices Act 1886. 19
Clause 44 Amendment of s 161A (Mode of levying penalties, 20
moneys or costs) 21
(1) Section 161A, `When'-- 22
omit, insert-- 23
s 45 26 s 46
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`(1) This section applies if'. 1
(2) Section 161A, `execution and also when'-- 2
omit, insert-- 3
`execution. 4
`(2) This section also applies if'. 5
(3) Section 161A, from `execution, then the amount'-- 6
omit, insert-- 7
`execution. 8
`(3) The justices may order that-- 9
(a) the amount to be paid or levied may be recovered by 10
execution against the goods and chattels of the person 11
liable to make the payment under a warrant of execution 12
issued by the adjudicating justices; or 13
(b) the clerk of the court may, under the State Penalties 14
Enforcement Act 1999, section 34, give particulars of the 15
amount to be paid or levied to the State Penalties 16
Enforcement Registry for registration under that 17
section.'. 18
Part 6 Amendment of Land and 19
Resources Tribunal Act 1999 20
Clause 45 Act amended in pt 6 21
This part amends the Land and Resources Tribunal Act 1999. 22
Clause 46 Amendment of s 7 (Presiding members) 23
Section 7(1)(b)-- 24
omit, insert-- 25
`(b) 1 or more deputy presidents.'. 26
s 47 27 s 49
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Part 7 Amendment of Penalties and 1
Sentences Act 1992 2
Clause 47 Act amended in pt 7 3
This part amends the Penalties and Sentences Act 1992. 4
Clause 48 Amendment of s 4 (Definitions) 5
Section 4-- 6
insert-- 7
`SPER means the State Penalties Enforcement Registry 8
established under the State Penalties Enforcement Act 1999.'. 9
Clause 49 Replacement of s 33B (Order for payment of amount 10
under forfeited recognisance) 11
Section 33B-- 12
omit, insert-- 13
`33B Order for payment of amount under forfeited 14
recognisance 15
`(1) A court must, on the forfeiture of a recognisance, order-- 16
(a) that the offender or surety liable to pay an amount stated 17
in the recognisance pay the amount to the proper officer 18
of the court immediately or within the time or by the 19
instalments stated in the order; or 20
(b) that the proper officer of the court is, under the State 21
Penalties Enforcement Act 1999, section 34, to give 22
particulars of the amount undertaken by the surety to be 23
paid on the forfeiture of the recognisance to SPER for 24
registration under that section. 25
`(2) If the court makes an order under subsection (1)(a), the court 26
may also order that the offender or surety be imprisoned for 27
the term, of not more than 2 years, stated in the order if the 28
offender or surety defaults in paying the amount.'. 29
s 50 28 s 52
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
Clause 50 Amendment of s 36 (What order may state) 1
Section 36(1)(c) and (d)-- 2
omit, insert-- 3
`(c) the time within which the restitution is to be made or the 4
compensation is to be paid or, alternatively, that the 5
proper officer of the court is, under the State Penalties 6
Enforcement Act 1999, section 34, to give particulars of 7
the amount of the restitution or compensation to SPER 8
for registration under that section; and 9
(d) if the order states the time within which the restitution is 10
to be made or the compensation is to be paid--the way 11
in which the restitution is to be made or the 12
compensation is to be paid.'. 13
Clause 51 Amendment of s 38 (Extension of time) 14
(1) Section 38(1)(c)-- 15
omit. 16
(2) Section 38(2), `or officer'-- 17
omit. 18
Clause 52 Replacement of ss 50 and 51 19
Sections 50 and 51-- 20
omit, insert-- 21
`50 Instalment order 22
`If a court fines an offender, it may order that-- 23
(a) the fine be paid by instalments; or 24
(b) the proper officer give, under the State Penalties 25
Enforcement Act 1999, section 34, particulars of the fine 26
to SPER for registration under that section. 27
s 53 29 s 56
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`51 Payment of fine 1
`If a court does not make an instalment order under section 2
50(a), it must, at the time of imposing the fine order that-- 3
(a) the offender be allowed time to pay the fine; or 4
(b) the proper officer give, under the State Penalties 5
Enforcement Act, section 34, particulars of the fine to 6
SPER for registration under that section.'. 7
Clause 53 Amendment of s 94 (Additional requirements of 8
probation order) 9
Section 94(1)(c) to (e) and (2) and (3)-- 10
omit. 11
Clause 54 Omission of s 104 (Requirements relating to restitution 12
and compensation) 13
Section 104-- 14
omit. 15
Clause 55 Amendment of s 115 (Additional requirements of 16
intensive correction order) 17
Section 115(1)(c) to (e) and (2) and (3)-- 18
omit. 19
Clause 56 Amendment of s 182A (Court may make order for default 20
payment of penalty) 21
Section 182A(1), from `calculated'-- 22
omit, insert-- 23
`calculated-- 24
(a) under subsection (2)(a); or 25
(b) by dividing the amount of the penalty by the cut-out rate 26
mentioned in the State Penalties Enforcement Act 1999, 27
schedule 2, definition cut-out rate, paragraph (a), 28
s 57 30 s 59
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
rounded down to the nearest whole number and 1
expressed as a number of days.'. 2
Clause 57 Amendment of s 185A (If offender does not pay penalty 3
under s 185) 4
Section 185A, heading, `s 185'-- 5
omit, insert-- 6
`ss 182A or 185'. 7
Clause 58 Amendment of s 185B (Power of proper officer to 8
postpone warrant) 9
(1) Section 185B-- 10
insert-- 11
`(1A) The postponement of the warrant may be subject to the 12
reasonable conditions the proper officer considers necessary 13
in the circumstances.'. 14
(2) Section 185B-- 15
insert-- 16
`(3) If the offender fails to comply with a condition to which the 17
postponement is subject, the proper officer must deal with the 18
offender under section 185A(1)(a) or (b) as if the offender had 19
only just failed to pay the penalty mentioned in section 182A 20
or 185.'. 21
(3) Section 185B(1A) to (3)-- 22
renumber as section 185B(2) to (4). 23
Clause 59 Insertion of new s 215 24
After section 214-- 25
insert-- 26
s 59 31 s 59
State Penalties Enforcement and Other Legislation
Amendment Bill 2006
`215 Transitional provision for State Penalties 1
Enforcement and Other Legislation Amendment Act 2
2006 3
`(1) This section applies if, immediately before the 4
commencement of this section-- 5
(a) a probation order was subject to requirements under 6
section 94(1)(c), (d) or (e); or 7
(b) a community service order was subject to requirements 8
under section 104; or 9
(c) an intensive correction order was subject to 10
requirements under section 115(1)(c), (d) or (e). 11
`(2) On the commencement, the probation order, community 12
service order or intensive correction order continues to be 13
subject to the requirements as if the amendment Act had not 14
commenced.'. 15
© State of Queensland 2006
[Index] [Search] [Download] [Related Items] [Help]