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Queensland
STATE PENALTIES
ENFORCEMENT BILL 1999
Queensland
STATE PENALTIES ENFORCEMENT
BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Act has limited application to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Act binds State, Commonwealth and other States . . . . . . . . . . . . . . . . . . . . 11
PART 2--THE STATE PENALTIES ENFORCEMENT
REGISTRY
7 The State Penalties Enforcement Registry . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Functions of SPER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 The SPER charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Director, registrar and other staff of SPER . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Management of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--INFRINGEMENT NOTICES
Division 1--Service of infringement notices
13 Service of infringement notices--generally . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Service of infringement notices for infringement notice offences
involving vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Effect of this part on prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
State Penalties Enforcement
Division 2--Liability for infringement notice offences involving
vehicles
17 Liability for infringement notice offences involving vehicles . . . . . . . . . . . 17
18 Effect of illegal user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Effect of known user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Effect of sold vehicle declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Effect of unknown user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Obligations and options under infringement notices
22 Ways alleged offender may deal with infringement notice . . . . . . . . . . . . . 20
23 Application to pay fine by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Registration of instalment payments for infringement notices . . . . . . . . . . . 22
25 Alleged offender who pays can not be prosecuted . . . . . . . . . . . . . . . . . . . . 22
26 When alleged offender can not elect to have offence decided by court . . . 22
27 When infringement notice offence is to be decided by court . . . . . . . . . . . 23
Division 4--Withdrawal and re-issue of infringement notice
28 Administering authority may withdraw infringement notice . . . . . . . . . . . . 23
29 Cancellation of registration on withdrawal of infringement notice . . . . . . . 24
30 Application to cancel infringement notice for mistake of fact . . . . . . . . . . 25
31 Effect of cancellation of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Proceedings after cancellation of infringement notice . . . . . . . . . . . . . . . . . 26
PART 4--ENFORCEMENT ORDERS
Division 1--Default commences enforcement process
33 Default by person served with infringement notice . . . . . . . . . . . . . . . . . . . . 26
34 Default in paying fine, penalty or other amount under court order . . . . . . . 27
35 Effect of registration under this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Default in paying instalment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Effect of cancellation of instalment payment notice . . . . . . . . . . . . . . . . . . 29
Division 2--Enforcement orders
38 Issue of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Working out period of imprisonment for enforcement order . . . . . . . . . . . . . 30
40 Service of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3--Obligations and options under enforcement order
41 Ways enforcement debtor may deal with enforcement order . . . . . . . . . . . . 31
3
State Penalties Enforcement
42 Application for time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Application for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 When application for fine option order may not be made . . . . . . . . . . . . . . 32
45 No fine option order if SPER decides applicant can pay . . . . . . . . . . . . . . . 33
46 Fine option order only for unpaid fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 If SPER accepts application for fine option order . . . . . . . . . . . . . . . . . . . . . 33
48 Assessment of suitability for fine option order . . . . . . . . . . . . . . . . . . . . . . . 34
49 If enforcement debtor is suitable for fine option order . . . . . . . . . . . . . . . . . 35
50 Making and registration of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Election for court hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4--Default after enforcement order
52 Default after time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Breach of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 5--Effect of appeal on enforcement order
54 Effect of appeal on enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 6--Cancellation of certain enforcement orders
55 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Applications for cancellation of enforcement orders . . . . . . . . . . . . . . . . . . 39
57 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
58 Appeal against refusal to cancel enforcement order . . . . . . . . . . . . . . . . . . . 40
59 Proceedings for offence if enforcement order cancelled . . . . . . . . . . . . . . . 41
60 Provisions relating to cancellation of enforcement order . . . . . . . . . . . . . . . 41
PART 5--CIVIL ENFORCEMENT
Division 1--Preliminary
61 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
62 Part does not prevent issue of arrest and imprisonment warrant . . . . . . . . . 43
Division 2--Enforcement warrants
63 Issue of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
64 Registrar may cancel, suspend or vary enforcement warrant for
seizure of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
65 Enforcement warrant imposing a charge on property . . . . . . . . . . . . . . . . . . 44
66 Effect of warrant imposing charge on property . . . . . . . . . . . . . . . . . . . . . . . 45
67 Order to set aside or restrain sale, etc. of charged property . . . . . . . . . . . . . 45
4
State Penalties Enforcement
68 Offence of dealing with charged or restrained property . . . . . . . . . . . . . . . . 45
69 Enforcement of enforcement warrant may be made conditional . . . . . . . . . 46
70 Power of entry to enforce enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . 47
71 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
72 Powers under search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
73 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Return of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3--Fine collection notices
75 Issue of fine collection notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
76 Issue of fine collection notice after enforcement warrant . . . . . . . . . . . . . . 50
77 Registrar may cancel, suspend or vary fine collection notices . . . . . . . . . . 50
78 Copy of notices under this division to be given to enforcement debtor . . . 51
Division 4--Provisions about fine collection notices redirecting
earnings
79 When registrar may issue fine collection notice for redirection of
earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
80 Two or more employers of 1 employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
81 Duty of employer to make deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
82 Working out amount to be deducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Provisions for working out earnings for s 82 . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Additional duties of employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
85 Discharge of enforcement debtor's liability to registrar and
employer's liability to enforcement debtor . . . . . . . . . . . . . . . . . . . . . . . . . . 54
86 Payment by trustees of deducted amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
87 Penalty for late payment to registrar of deducted amounts . . . . . . . . . . . . . 55
88 Penalty for failure to make deductions from earnings . . . . . . . . . . . . . . . . . 55
89 When late payment penalty may be waived . . . . . . . . . . . . . . . . . . . . . . . . . 56
90 Application of interest payable on judgment debt . . . . . . . . . . . . . . . . . . . . 56
91 Penalty is alternative to prosecution for certain offences against part . . . . 57
92 Employers not to prejudice employees because of action under this part . 57
93 Employers not to disclose information etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 58
94 Records to be kept by employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Access to premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5
State Penalties Enforcement
96 Application of amounts paid or credited if 2 or more debts due . . . . . . . . . 60
Division 5--Provisions about fine collection notice for redirection of
a debt
97 When debt redirected under fine collection notice . . . . . . . . . . . . . . . . . . . . 61
98 Payment to enforcement debtor despite redirection . . . . . . . . . . . . . . . . . . . 61
99 Discharge of the third person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 6--Provisions about regular redirection from a financial
institution account
100 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
101 Service of fine collection notice for regular redirection from a
financial institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
102 Financial institution to make payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Offence of intentionally defeating notice for regular redirection
from a financial institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 7--Suspension of driver licence
104 Criteria for suspending driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Suspension of driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
106 General effect of suspension of driver licence . . . . . . . . . . . . . . . . . . . . . . . 65
107 Review of suspension of driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
108 Effect of suspension of driver licence on vehicle insurance . . . . . . . . . . . . 66
Division 8--Other enforcement options
109 Making of fine option order after enforcement warrant . . . . . . . . . . . . . . . . 66
110 Registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 9--Order of satisfaction of fines etc.
111 Order of satisfaction of fines for infringement notice offences . . . . . . . . . . 67
112 Order of satisfaction of other amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Order of satisfaction if more than 1 enforcement order . . . . . . . . . . . . . . . . 68
Division 10--General provisions
114 Power of person serving fine collection notice or enforcing
warrant to demand name and address etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
115 Effect of particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
116 Offence of obstructing enforcement officer . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Offence of defacing or removing seizure tags . . . . . . . . . . . . . . . . . . . . . . . . 72
6
State Penalties Enforcement
PART 6--IMPRISONMENT
118 Good behaviour order when imprisonment not appropriate . . . . . . . . . . . . . 72
119 Enforcement by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
120 Satisfaction of fine by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
121 Order of satisfaction of fines if enforcement debtor imprisoned . . . . . . . . . 75
PART 7--GENERAL PROVISIONS ABOUT FINE OPTION
ORDERS
122 Requirements of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
123 Directions under fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
124 Extension of period of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
125 Community service to be performed cumulatively . . . . . . . . . . . . . . . . . . . . 77
126 Performance of community service to be credited against fine etc. . . . . . . 78
127 Payments and application of payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
128 Failing to comply with fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
129 Revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
130 Review of revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 8--RECIPROCAL ENFORCEMENT OF FINES
131 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
132 Declaration of reciprocating court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
133 Enforcement of Queensland fine by reciprocating court . . . . . . . . . . . . . . . . 82
134 Enforcement of fine imposed by reciprocating court . . . . . . . . . . . . . . . . . . 82
PART 9--MISCELLANEOUS
Division 1--Content of particular notices, orders and warrants
135 Default certificate for infringement notice offence . . . . . . . . . . . . . . . . . . . . 83
136 Instalment payment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
137 Enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
138 Notice accompanying a fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
139 Fine option order breach notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
140 Enforcement warrant to seize and sell property . . . . . . . . . . . . . . . . . . . . . . 88
141 Enforcement warrant imposing a charge on property . . . . . . . . . . . . . . . . . . 88
142 Fine collection notice for regular redirection of earnings . . . . . . . . . . . . . . 88
143 Fine collection notice for redirection of a debt . . . . . . . . . . . . . . . . . . . . . . . 89
7
State Penalties Enforcement
144 Fine collection notice for regular redirection from financial
institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
145 Notice of intention to suspend driver licence . . . . . . . . . . . . . . . . . . . . . . . . 90
146 Arrest and imprisonment warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 2--Other enforcement related provisions
147 Effect of notices, orders and warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
148 Electronic transmission of particular documents . . . . . . . . . . . . . . . . . . . . . . 91
149 Enforcement costs and their allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
150 Dishonoured cheques etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
151 Information from commissioner of police service . . . . . . . . . . . . . . . . . . . . . 93
152 Information from entities other than police service . . . . . . . . . . . . . . . . . . . 93
153 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
154 No fees payable for registration under other Acts . . . . . . . . . . . . . . . . . . . . . 95
155 Non-reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
156 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 97
157 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
158 Service of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
159 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 3--General
160 Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
161 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
162 Approval of forms by administering authority . . . . . . . . . . . . . . . . . . . . . . . . 100
163 Approval of other forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
164 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
165 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
166 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 10--TRANSITIONAL PROVISIONS
167 Amnesty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
168 Saving of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
169 Saving of enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
170 Issue of infringement notices by local governments . . . . . . . . . . . . . . . . . . . 103
171 Existing warrant of commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
8
State Penalties Enforcement
172 Existing fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
SCHEDULE 1
ACTS AMENDED
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
CROWN PROCEEDINGS ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 110
REFERENDUMS ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT)
ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 124
DICTIONARY
1999
A BILL
FOR
An Act about the issue and enforcement of infringement notices, the
enforcement of court ordered fines and certain court ordered
debts, and for other purposes
s1 10 s5
State Penalties Enforcement
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the State Penalties Enforcement Act 1999. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Definitions
3. The dictionary in schedule 2 defines particular words used in this Act. 8
9
Objects
4. The objects of this Act include-- 10
(a) maintaining the integrity of fines as a viable sentencing or punitive 11
option for offenders; and 12
(b) maintaining confidence in the justice system by enhancing the 13
way fines and other money penalties may be enforced; and 14
(c) reducing the cost to the State of enforcing fines and other money 15
penalties. 16
has limited application to children 17
Act
5.(1) This Act does not apply to a child within the meaning of the 18
Juvenile Justice Act 1992 other than to the extent it allows a child to pay a 19
fine stated in an infringement notice for an offence in full or by instalments 20
to an administering authority instead of being prosecuted for the offence. 21
s6 11 s8
State Penalties Enforcement
(2) However, an enforcement order, fine collection notice or warrant may 1
not be issued under this Act against a child within the meaning of the 2
Juvenile Justice Act 1992. 3
binds State, Commonwealth and other States 4
Act
6.(1) This Act binds the State and, as far as the legislative authority of the 5
Parliament permits, the Commonwealth and the other States. 6
(2) However, an entity mentioned in subsection (1) can not be prosecuted 7
for an offence against this Act. 8
PART 2--THE STATE PENALTIES ENFORCEMENT 9
REGISTRY 10
State Penalties Enforcement Registry 11
The
7. A State Penalties Enforcement Registry ("SPER") is established. 12
unctions of SPER 13
F
8.(1) SPER has the functions conferred or imposed on it under this or 14
another Act. 15
(2) In particular, SPER has the following functions-- 16
(a) collecting amounts payable to SPER under this or another Act; 17
(b) administering the making of enforcement orders; 18
(c) taking enforcement action under this Act. 19
(3) The functions must be performed in accordance with the SPER 20
charter. 21
s9 12 s 10
State Penalties Enforcement
SPER charter 1
The
9. The SPER charter includes the following-- 2
(a) maximising the collection, for victims of offences, of amounts 3
ordered to be paid under the Penalties and Sentences Act 1992 by 4
way of restitution or compensation; 5
(b) maximising the amount of fines and other money penalties paid 6
before enforcement action is taken; 7
(c) promoting a philosophy that community service work is for the 8
needy in the community and not an alternative to payment of a 9
fine for those who can afford to pay the fine; 10
(d) reducing the use of imprisonment for fine default by encouraging 11
the use of other enforcement mechanisms; 12
(e) promoting public education about the obligations of offenders and 13
the consequences of not satisfying the obligations. 14
registrar and other staff of SPER 15
Director,
10.(1) There is to be a director and a registrar of SPER. 16
(2) The director, registrar and other staff of the registry are to be 17
employed under the Public Service Act 1996. 18
(3) Also, for enforcing this Act, the registrar may engage under a 19
contract-- 20
(a) commercial agents as enforcement officers; and 21
(b) other persons for other purposes. 22
(4) Persons engaged under subsection (3) are engaged under this Act and 23
not the Public Service Act 1996. 24
(5) The registrar must give each enforcement officer employed or 25
engaged by the registrar an identity card. 26
(6) The identity card must-- 27
(a) contain a recent photograph of the enforcement officer; and 28
(b) be signed by the enforcement officer; and 29
(c) identify the person as an enforcement officer; and 30
s 11 13 s 12
State Penalties Enforcement
(d) state an expiry date. 1
(7) A person who ceases to be an enforcement officer must return an 2
identity card given to the officer under subsection (5) to the registrar as soon 3
as practicable, but within 21 days, after the person ceases to be an 4
enforcement officer, unless the person has a reasonable excuse for not 5
returning it in the 21 days. 6
Maximum penalty--40 penalty units. 7
of office 8
Management
11.(1) The director is responsible for managing and controlling the affairs 9
of SPER. 10
(2) The registrar, or staff of the registry who are justices of the peace 11
(magistrates court) acting for the registrar, may make or issue an 12
enforcement order, warrant or fine collection notice that may be made or 13
issued by the registrar under this Act. 14
(3) A power exercised by someone other than the registrar under 15
subsection (2) may be exercised in the person's own name or in the name 16
of the registrar. 17
(4) The registrar and other staff have, for making or issuing an order or 18
warrant under this Act, the same immunities and protection as officers of a 19
court. 20
(5) Anything done by the registrar in the name of or for SPER is taken to 21
have been done by SPER. 22
from liability 23
Protection
12.(1) An official does not incur civil liability for an act done, or 24
omission made, honestly and without negligence, when acting as an official. 25
(2) If subsection (1) prevents a civil liability attaching to an official, 26
liability attaches instead to the State. 27
(3) In this section-- 28
"official" means-- 29
(a) the registrar; or 30
s 13 14 s 14
State Penalties Enforcement
(b) another member of the staff of SPER; or 1
(c) an enforcement officer. 2
PART 3--INFRINGEMENT NOTICES 3
1--Service of infringement notices 4
Division
of infringement notices--generally 5
Service
13.(1) If an authorised person reasonably believes a person has 6
committed an infringement notice offence, the authorised person may serve 7
an infringement notice on the person for the offence. 8
(2) If the infringement notice offence involves a vehicle, the infringement 9
notice may be served under section 14. 10
(3) Section 14 does not limit the ways an infringement notice may be 11
served on a person. 12
of infringement notices for infringement notice offences 13
Service
involving vehicles 14
14.(1) An infringement notice for an infringement notice offence 15
involving a vehicle may be served-- 16
(a) on the owner of the vehicle; or 17
(b) on the person named in a known user declaration as the person 18
who was in charge of the vehicle at the relevant time; or 19
(c) on the person named in a sold vehicle declaration as the person to 20
whom the vehicle had been sold or otherwise disposed of before 21
the relevant time. 22
(2) If the infringement notice is to be served by post, the notice may be 23
addressed to the person-- 24
(a) for the owner of the vehicle--at the latest address of the owner in 25
the register of vehicles kept under a registration Act; or 26
s 15 15 s 15
State Penalties Enforcement
(b) for the person named in a known user declaration--at the 1
person's address stated in the declaration; or 2
(c) for the person named in a sold vehicle declaration--at the 3
person's address stated in the declaration. 4
(3) Also, the infringement notice may be served by securely placing or 5
attaching the notice, addressed to the owner, without further description, on 6
or to the vehicle in a conspicuous position. 7
(4) If the infringement notice is served under subsection (3), it is taken to 8
have been served on the owner on the day it is placed on or attached to the 9
vehicle. 10
(5) A person must not interfere with an infringement notice placed on or 11
attached to a vehicle unless the person is the owner or the person in charge 12
of the vehicle at the relevant time. 13
Maximum penalty for subsection (5)--40 penalty units. 14
notices 15
Infringement
15.(1) An infringement notice must be in the form approved by the 16
administering authority. 17
(2) The notice must state the following-- 18
(a) a unique number for the notice; 19
(b) the date of the notice; 20
(c) in relation to the alleged offender, unless the notice is served 21
under section 14(3)-- 22
(i) the alleged offender's full name, or surname and any initial, 23
and address; or 24
(ii) the particulars that are, under a regulation, identifying 25
particulars for the alleged offender; 26
(d) in relation to the offence, particulars that are enough to show 27
clearly the nature of the offence, including the following-- 28
(i) if the offence is one prescribed under a regulation for this 29
paragraph--the identifying particulars prescribed under the 30
regulation for the offence; 31
s 15 16 s 15
State Penalties Enforcement
(ii) if the offence took place over a period and did not involve a 1
vehicle--the period over which the offence was committed; 2
(iii) the place the offence was committed and, subject to 3
subparagraph (ii), the time and date of the offence; 4
(iv) if the offence involves a vehicle--the identifying particulars 5
prescribed under a regulation for the vehicle; 6
(v) if the offence involves an animal--the identifying particulars 7
prescribed under a regulation for the animal; 8
(e) the fine for the offence and how and where the fine may be paid 9
and, if relevant, the number of demerit points that will be allocated 10
for the offence and when they will be allocated; 11
(f) that the alleged offender must, within 28 days after the date of the 12
notice-- 13
(i) pay the fine in full to the administering authority; or 14
(ii) give to the administering authority a written election to have 15
the matter of the offence decided in a Magistrates Court; or 16
(iii) if relevant, give to the administering authority an illegal user 17
declaration, a known or unknown user declaration or a sold 18
vehicle declaration for the vehicle for the offence; 19
(g) that the notice may be withdrawn before or after the fine is paid; 20
(h) if the offence involves a vehicle, the general effect of section 17.1 21
(3) The infringement notice must also state-- 22
(a) that if the fine is at least the threshold amount-- 23
(i) the alleged offender may, within 28 days after the date of the 24
infringement notice, apply to the administering authority to 25
pay the fine by instalments of not less than the minimum 26
instalment; and 27
(ii) if the administering authority approves the application and 28
the alleged offender pays the first instalment, the alleged 29
offender may pay all remaining instalments to SPER in any 30
way acceptable to SPER; and 31
1 Section 17 (Liability for infringement notice offences involving vehicles)
s 16 17 s 17
State Penalties Enforcement
(b) that if the alleged offender defaults, enforcement action may be 1
taken to recover the amount, including by registering it with 2
SPER, and additional fees may be payable. 3
of this part on prosecution 4
Effect
16.(1) The fact that an infringement notice has been, or could be, served 5
on a person for an offence, does not affect the starting or continuation of a 6
proceeding against the person or anyone else in a court for the offence. 7
(2) This part does not-- 8
(a) require the serving of an infringement notice on a person for an 9
offence, as opposed to proceeding against the person in another 10
way; or 11
(b) limit or otherwise affect the penalty that may be imposed by a 12
court for an offence. 13
2--Liability for infringement notice offences involving vehicles 14
Division
for infringement notice offences involving vehicles 15
Liability
17.(1) If-- 16
(a) an infringement notice offence involving a vehicle happens; and 17
(b) an infringement notice for the offence is served on the person 18
who is the owner of the vehicle at the time of the offence; 19
the owner is taken to have committed the offence even though the actual 20
offender may have been someone else. 21
(2) If the actual offender is someone else, subsection (1) does not affect 22
the liability of the actual offender, but-- 23
(a) the owner and the actual offender can not both be punished for the 24
offence; and 25
(b) if a fine is paid or a penalty is imposed on 1 of them for the 26
offence, a further penalty must not be imposed on or recovered 27
from the other person for the offence. 28
s 18 18 s 19
State Penalties Enforcement
(3) However, the owner must not be taken under subsection (1) to have 1
committed the offence if, within 28 days after the date of an infringement 2
notice or service of a summons for the offence, the owner makes and gives 3
to the administering authority an illegal user declaration, a known or 4
unknown user declaration or a sold vehicle declaration for the vehicle for the 5
offence. 6
(4) The declaration must be made by-- 7
(a) if the owner is an individual--the owner; or 8
(b) if the owner is a corporation--an executive officer of the 9
corporation or the responsible operator. 10
(5) A declaration by an executive officer of a corporation must be under 11
the common seal of the corporation. 12
of illegal user declaration 13
Effect
18.(1) This section applies if-- 14
(a) an infringement notice offence involving a vehicle happens; and 15
(b) an infringement notice for the offence is served on the person 16
who is the owner of the vehicle at the relevant time; and 17
(c) the person makes and gives to the administering authority an 18
illegal user declaration for the vehicle. 19
(2) In a proceeding for the offence against the owner, a court must not 20
find the owner guilty of the offence if it is satisfied, whether on the 21
statements contained in the declaration or otherwise, the vehicle was stolen 22
or illegally taken at the relevant time. 23
of known user declaration 24
Effect
19.(1) This section applies if-- 25
(a) an infringement notice offence involving a vehicle happens; and 26
(b) an infringement notice for the offence is served on the person 27
who is the owner of the vehicle at the relevant time; and 28
(c) the person makes and gives to the administering authority a 29
known user declaration for the vehicle. 30
s 20 19 s 20
State Penalties Enforcement
(2) This section and section 172 apply as if the person named in the 1
declaration as the person in charge of the vehicle at the relevant time (the 2
"user") were the owner of the vehicle at that time. 3
(3) A proceeding for the offence may be started against the user only if a 4
copy of the declaration has been served on the user. 5
(4) In a proceeding for the offence against the user, the declaration is 6
evidence that the user was in charge of the vehicle at the relevant time. 7
(5) In a proceeding for the offence against the owner mentioned in 8
subsection (1)(b), a court must not find the owner guilty of the offence if it 9
is satisfied, whether on the statements contained in the declaration or 10
otherwise, the owner was not in charge of the vehicle at the relevant time. 11
of sold vehicle declaration 12
Effect
20.(1) This section applies if-- 13
(a) an infringement notice 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 sold 17
vehicle declaration for the vehicle. 18
(2) This section and section 173 apply as if the person named in the 19
declaration as the person to whom the vehicle was sold or otherwise 20
disposed of (the "buyer") were the owner of the vehicle from the time of 21
the sale or disposal. 22
(3) A proceeding for the offence may be started against the buyer only if 23
a copy of the declaration has been served on the buyer. 24
(4) In a proceeding for the offence against the buyer, the declaration is 25
evidence that the buyer was the owner of the vehicle at the relevant time. 26
2 Section 17 (Liability for infringement notice offences involving vehicles)
3 Section 17 (Liability for infringement notice offences involving vehicles)
s 21 20 s 22
State Penalties Enforcement
(5) In a proceeding for the offence against the owner mentioned in 1
subsection (1)(b), a court must not find the owner guilty of the offence if it 2
is satisfied, whether on the statements contained in the declaration or 3
otherwise, the owner had sold or disposed of the vehicle before the relevant 4
time and was not in charge of the vehicle at that time. 5
of unknown user declaration 6
Effect
21.(1) This section applies if-- 7
(a) an infringement notice offence involving a vehicle happens; and 8
(b) an infringement notice for the offence is served on the person 9
who is the owner of the vehicle at the relevant time; and 10
(c) the owner makes and gives to the administering authority an 11
unknown user declaration for the vehicle. 12
(2) In a proceeding for the offence against the owner, a court must not 13
find the owner guilty of the offence if it is satisfied, whether on the 14
statements contained in the declaration or otherwise-- 15
(a) that-- 16
(i) if the owner is an individual--the owner was not in charge 17
of the vehicle at the relevant time; or 18
(ii) if the owner is a corporation--the vehicle was not being used 19
for the purposes of the corporation at the relevant time; and 20
(b) that the inquiries made to find out the name and address of the 21
person who was in charge of the vehicle at the relevant time-- 22
(i) were reasonable in the circumstances; and 23
(ii) were carried out with appropriate diligence. 24
Division 3--Obligations and options under infringement notices 25
alleged offender may deal with infringement notice 26
Ways
22.(1) If an infringement notice is served on an alleged offender for an 27
offence, the alleged offender must, within 28 days after the date of the 28
infringement notice-- 29
s 23 21 s 23
State Penalties Enforcement
(a) pay the fine in full to the administering authority; or 1
(b) give to the administering authority an election to have the matter 2
of the offence decided in a Magistrates Court; or 3
(c) if relevant, give to the administering authority an illegal user 4
declaration, a known or unknown user declaration or a sold 5
vehicle declaration for the vehicle for the offence. 6
(2) Also, if the fine is at least the threshold amount, the alleged offender 7
may, within 28 days after the date of the infringement notice, apply to the 8
administering authority to pay the fine by instalments. 9
to pay fine by instalments 10
Application
23.(1) This section applies if-- 11
(a) an alleged offender is served with an infringement notice for an 12
offence; and 13
(b) the fine for the offence is at least the threshold amount. 14
(2) Within 28 days after the date of the 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 of not less than the minimum 17
instalment. 18
(3) The application must be accompanied by the first instalment, unless 19
the application authorises the payment of the instalment by direct debit from 20
an account the person holds with a financial institution. 21
(4) If the application complies with this section, the administering 22
authority must approve the application. 23
(5) If the administering authority approves the application, the alleged 24
offender may pay all remaining instalments to SPER in any way acceptable 25
to SPER. 26
(6) The approved form provided by an administering authority for 27
subsection (2) must include a written statement of the consequences of not 28
paying instalments. 29
s 24 22 s 26
State Penalties Enforcement
of instalment payments for infringement notices 1
Registration
24.(1) If an administering authority approves an application to pay an 2
infringement notice fine by instalments, the administering authority must 3
give to SPER, for registration, the particulars that are prescribed under a 4
regulation of the offence to which the application relates and of the unpaid 5
amount. 6
(2) No registration fee is payable for registering the particulars. 7
(3) The registrar must register the particulars as soon as practicable after 8
receiving them. 9
(4) On registration-- 10
(a) SPER becomes responsible for the collection of, and may collect, 11
the unpaid amount; and 12
(b) the registrar must give to the person an instalment payment 13
notice. 14
(5) SPER may retain out of each instalment received a management fee 15
prescribed under a regulation. 16
offender who pays can not be prosecuted 17
Alleged
25.(1) The alleged offender must not be prosecuted in a court for an 18
infringement notice offence if the alleged offender pays the fine as required 19
by the infringement notice, including by instalments. 20
(2) Subsection (1) applies even though more than 1 infringement notice 21
has been served on the alleged offender for the offence.4 22
(3) This section is subject to section 28.5 23
alleged offender can not elect to have offence decided by court 24
When
26.(1) This section applies if a person served with an infringement notice 25
for an offence-- 26
4 For the effect of a dishonoured cheque on payment of a fine see section 150
(Dishonoured cheques etc.)
5 Section 28 (Administering authority may withdraw infringement notice)
s 27 23 s 28
State Penalties Enforcement
(a) pays the fine for the offence to the administering authority; or 1
(b) applies to the administering authority to pay the fine for the 2
offence by instalments. 3
(2) The person may not elect to have the matter decided by a Magistrates 4
Court. 5
infringement notice offence is to be decided by court 6
When
27.(1) If, within 28 days after the date of an infringement notice, an 7
alleged offender-- 8
(a) elects under section 22(1)(b)6 to have the matter of the offence 9
decided by a Magistrates Court; or 10
(b) takes no action under section 22; 11
a proceeding for the offence may be started under the Justices Act 1886. 12
(2) Subsection (1)(b) does not prevent the administering authority from 13
giving SPER prescribed particulars of the offence for registration under 14
part 4.7 15
4--Withdrawal and re-issue of infringement notice 16
Division
authority may withdraw infringement notice 17
Administering
28.(1) An administering authority may withdraw an infringement notice 18
at any time before the fine is paid or otherwise discharged under this Act. 19
(2) For the withdrawal to be effective, the administering authority must-- 20
(a) serve on the alleged offender a withdrawal notice in the approved 21
form; and 22
(b) repay to the alleged offender any amount paid to the administering 23
authority for the offence; and 24
6 Section 22 (Ways alleged offender may deal with infringement notice)
7 Part 4 (Enforcement orders)
s 29 24 s 29
State Penalties Enforcement
(c) if prescribed particulars of the infringement notice offence are 1
registered under part 4, give to SPER a copy of the withdrawal 2
notice. 3
(3) On complying with subsection (2)-- 4
(a) this Act, other than this part, stops applying to the infringement 5
notice offence; and 6
(b) a proceeding for the offence may be taken against any person 7
(including the alleged offender) as if the notice had not been 8
served on the alleged offender. 9
(4) No compensation is payable to a person because of the administering 10
authority's refusal to withdraw an infringement notice. 11
of registration on withdrawal of infringement notice 12
Cancellation
29.(1) If an administering authority gives to SPER a copy of a 13
withdrawal notice under section 28 for prescribed particulars of an 14
infringement notice offence that are registered under part 4-- 15
(a) the registrar must, as soon as practicable after receiving the 16
notice-- 17
(i) cancel the registration of the particulars and any enforcement 18
order made because of the registration; and 19
(ii) refund to the person any amount paid to SPER by the person 20
for the offence; and 21
(b) the administering authority must refund to the person any amount 22
paid to the administering authority; and 23
(c) if-- 24
(i) an enforcement order has been made against the person; and 25
(ii) the person has performed community service for the offence 26
under a fine option order under this Act; 27
the administering authority must pay to the person, as 28
compensation for the time spent performing community service, 29
an amount worked out at the relevant cut-out rate for the order, 30
rounded down to the nearest whole dollar. 31
s 30 25 s 31
State Penalties Enforcement
(2) The person is not entitled to compensation for performing 1
community service other than compensation under subsection (1)(c). 2
to cancel infringement notice for mistake of fact 3
Application
30.(1) If the registrar is satisfied-- 4
(a) a person has been incorrectly named in an infringement notice as 5
the alleged offender for an infringement notice offence because of 6
a mistake of fact or the misuse of the name and other particulars 7
of the person named in the infringement notice; and 8
(b) the administering authority has refused to withdraw the relevant 9
infringement notice; 10
the registrar may apply to a Magistrates Court for an order cancelling the 11
infringement notice. 12
(2) The court may cancel or refuse to cancel the infringement notice. 13
of cancellation of infringement notice 14
Effect
31.(1) This section applies if an infringement notice is cancelled under 15
section 30. 16
(2) If, because of the infringement notice, demerit points have been 17
allocated against the alleged offender for an infringement notice offence 18
under the Nature Conservation Act 1992 or another law, prescribed under a 19
regulation, that provides for the allocation of demerit points-- 20
(a) the demerit points for the offence are also cancelled; and 21
(b) the relevant administering authority must make a note on any 22
record it keeps in relation to the person clearly indicating that the 23
demerit points allocated against the person have been cancelled. 24
(3) Without limiting subsection (2), if, because of the infringement 25
notice, demerit points have been allocated against the alleged offender's 26
traffic history for an infringement notice offence under the Transport 27
Operations (Road Use Management) Act 1995-- 28
(a) the demerit points for the offence are also cancelled; and 29
s 32 26 s 33
State Penalties Enforcement
(b) the chief executive of the department within which that Act is 1
administered must remove the record of the allocation of the 2
demerit points from the alleged offender's traffic history. 3
(4) Further, if, because of the infringement notice, a licence, permit or 4
other authority has been suspended or cancelled, the suspension or 5
cancellation stops having effect, unless the person's licence, permit or 6
authority would still be suspended, cancelled or no longer in force for 7
another reason. 8
after cancellation of infringement notice 9
Proceedings
32.(1) This section applies if an infringement notice is withdrawn under 10
section 28 or cancelled under section 30.8 11
(2) If the infringement notice is withdrawn or cancelled more than 1 year 12
after the date of the infringement notice and the name of the actual offender 13
is known, nothing in this or any other Act prevents the administering 14
authority issuing an infringement notice against the actual offender or 15
starting a proceeding in a court for the offence against the actual offender. 16
(3) However, the period of limitation within which a proceeding for the 17
offence may be started against the actual offender starts on the day the 18
infringement notice is withdrawn or cancelled. 19
ART 4--ENFORCEMENT ORDERS 20
P
1--Default commences enforcement process 21
Division
by person served with infringement notice 22
Default
33.(1) If a person served with an infringement notice has not, within 28 23
days after the date of the infringement notice-- 24
8 Section 28 (Administering authority may withdraw infringement notice) or
30 (Application to cancel infringement notice for mistake of fact)
s 34 27 s 34
State Penalties Enforcement
(a) paid the fine in full to the administering authority; or 1
(b) applied to the administering authority to pay the fine by 2
instalments; or 3
(c) given to the administering authority a written election to have the 4
matter of the offence decided in a Magistrates Court; or 5
(d) if relevant, given to the administering authority an illegal user 6
declaration, a known or unknown user declaration or a sold 7
vehicle declaration for the vehicle for the offence; 8
an authorised person may give to SPER for registration a certificate 9
("default certificate") for the relevant infringement notice offence. 10
(2) However, a default certificate must not be given to the registrar after 11
the end of the time within which a person may start a prosecution for the 12
offence, and if given, must not be registered. 13
(3) A default certificate given under subsection (1) must be accompanied 14
by the registration fee. 15
(4) The registrar must register the default certificate as soon as practicable 16
after it is received. 17
(5) An authorised person may give an amended default certificate to 18
SPER, for registration, if amendment of an earlier certificate is necessary 19
because of error, the dishonour of a cheque, or for another reason. 20
(6) No fee is payable for registering an amended default certificate. 21
in paying fine, penalty or other amount under court order 22
Default
34.(1) This section applies to any of the following orders made by a 23
court, whether before or after the commencement of this section-- 24
(a) an order fining a person for an offence; 25
(b) an order under the Penalties and Sentences Act 1992, 26
section 33A9 that an amount be paid on the forfeiture of a 27
recognisance; 28
9 Penalties and Sentences Act 1992, section 33A (Failing to obey condition of
recognisance)
s 35 28 s 35
State Penalties Enforcement
(c) an order that a person pay to someone else an amount by way of 1
restitution or compensation under the Penalties and Sentences Act 2
1992, section 35;10 3
(d) an order under the Bail Act 1980, section 32 or 32A11 that a 4
person pay an amount on the forfeiture of an undertaking; 5
(e) an order made before the commencement of this section that a 6
person pay an amount under the Crown Proceedings Act 1980, 7
section 13 or 14.12 8
(2) If all or part of the fine or other amount remains unpaid after the time 9
allowed by the court or the court registrar, the court registrar may give to 10
SPER, for registration, the prescribed particulars of the unpaid amount. 11
(3) The registrar must register the particulars as soon as practicable after 12
receiving them. 13
(4) Also, the registrar may issue an enforcement order, an enforcement 14
warrant or a fine collection notice against the person concerned for the 15
unpaid amount. 16
(5) Subsection (2) applies unless the person is ordered to be imprisoned 17
under the Penalties and Sentences Act 1992, section 39 or 185A.13 18
of registration under this division 19
Effect
35.(1) This section applies if the registrar registers a default certificate 20
under section 33 or prescribed particulars under section 34. 21
(2) On registration of the default certificate or particular-- 22
(a) the amount unpaid is increased by the amount of the registration 23
fee; and 24
10 Penalties and Sentences Act 1992, section 35 (Order for restitution or
compensation)
11 Bail Act 1980, section 32 (Forfeiture of deposit or other security) or 32A (Order
for payment of amount forfeited)
12 Crown Proceedings Act 1980, section 13 (Recovery of debts due by
recognisance) or 14 (Recovery of amounts undertaken by surety)
13 Penalties and Sentences Act 1992, section 39 (Directions for enforcing order of
imprisonment) or 185A (If offender does not pay penalty under s 185)
s 36 29 s 38
State Penalties Enforcement
(b) SPER becomes responsible for the collection of, and may collect, 1
the unpaid amount; and 2
(c) if the amount is registered because of a default certificate, a 3
proceeding against the person for the offence may be started in a 4
court only under this part. 5
(3) In this section-- 6
"amount unpaid", for an infringement notice offence involving a vehicle, 7
includes the cost of establishing ownership of the vehicle. 8
in paying instalment 9
Default
36. If, on 2 consecutive occasions, a person served with an instalment 10
payment notice fails to pay an instalment under the notice within the time 11
allowed, the registrar may cancel the instalment payment notice without 12
notice to the person. 13
of cancellation of instalment payment notice 14
Effect
37. On the cancellation of an instalment payment notice under this 15
division, the registrar must-- 16
(a) increase the unpaid amount to which the notice relates by the 17
amount of the registration fee; and 18
(b) issue to the person an enforcement order for the total of the 19
unpaid amount. 20
Division 2--Enforcement orders 21
of enforcement order 22
Issue
38.(1) This section applies if-- 23
(a) the registrar registers a default certificate for a person; or 24
(b) this Act expressly authorises the registrar to issue an enforcement 25
order against a person. 26
s 39 30 s 40
State Penalties Enforcement
(2) The registrar must, in writing, order the person ("enforcement 1
debtor") to pay the amount stated in the order ("enforcement order") to 2
SPER within 28 days after the date of the order. 3
(3) The amount stated in an enforcement order must be-- 4
(a) the amount that is registered as the unpaid amount for an offence; 5
or 6
(b) the amount for which the registrar is expressly authorised to issue 7
the order. 8
(4) The enforcement order must also state the period for which the 9
enforcement debtor may be imprisoned for failure to pay the stated amount. 10
(5) The enforcement order may be made in the absence of, and without 11
notice to, the enforcement debtor. 12
out period of imprisonment for enforcement order 13
Working
39.(1) The period of imprisonment that may be stated in an enforcement 14
order for an amount ordered to be paid by a court must be the period 15
worked out by dividing the amount stated in the order by the relevant 16
cut-out rate for a court order, rounded down to the nearest whole number 17
and expressed as a number of days. 18
(2) The period of imprisonment that may be stated in an enforcement 19
order for an infringement notice offence must be the period worked out by 20
dividing the amount stated in the order by the cut-out rate for an 21
infringement notice offence, rounded down to the nearest whole number 22
and expressed as a number of days. 23
(3) However, the maximum period that may be stated in an enforcement 24
order for an amount a surety must pay under the Bail Act 1980 or the 25
Penalties and Sentences Act 1992 must not be more than 2 years. 26
of enforcement order 27
Service
40. The registrar may serve an enforcement order on a person personally 28
or by sending it by ordinary post to-- 29
(a) for an individual--the address of the place of residence or 30
business of the person last known to SPER; or 31
s 41 31 s 42
State Penalties Enforcement
(b) for a corporation--the head office, a registered office or a 1
principal office of the corporation. 2
Division 3--Obligations and options under enforcement order 3
enforcement debtor may deal with enforcement order 4
Ways
41. If an enforcement order is served on an enforcement debtor for an 5
amount, the enforcement debtor must, within 28 days after the date of the 6
infringement notice-- 7
(a) pay the amount stated in the order in full to SPER; or 8
(b) apply to SPER for an extension of time to pay the amount stated 9
in the order; or 10
(c) if the amount is at least the threshold amount--apply to SPER in 11
the approved form for approval to pay the amount by instalments 12
of not less than the minimum instalment; or 13
(d) if no fine option order has been made for the amount--apply to 14
SPER for conversion of the amount to hours of unpaid 15
community service under a fine option order; or 16
(e) if the order relates to an infringement notice offence--give to the 17
administering authority an election to have the matter of the 18
offence decided in a Magistrates Court. 19
for time to pay 20
Application
42.(1) Within 28 days after the date of an enforcement order, the 21
enforcement debtor may apply to SPER in the approved form for either of 22
the following-- 23
(a) an extension of time to pay the amount stated in the order; 24
(b) approval to pay the amount stated in the order by instalments. 25
(2) The approved form provided by SPER for subsection (1) must 26
include a statement of the consequences of failing to pay the amount within 27
the time allowed, including by instalments. 28
(3) The registrar may-- 29
s 43 32 s 44
State Penalties Enforcement
(a) extend the time to pay the amount by a stated period, of not more 1
than 28 days; or 2
(b) allow the amount to be paid by stated instalments, of not less than 3
the minimum instalment. 4
(4) The registrar may, if satisfied exceptional circumstances exist, allow 5
the amount to be paid by stated instalments of less than the minimum 6
instalment. 7
(5) The registrar must give the enforcement debtor written notice of the 8
decision. 9
(6) If the registrar decides to allow payment of the amount by 10
instalments, the registrar must also give the enforcement debtor an 11
instalment payment notice for the amount. 12
(7) The amount stated in the instalment payment notice may be the total 13
of all amounts payable by the enforcement debtor under this Act. 14
for fine option order 15
Application
43.(1) Within 28 days after the date of an enforcement order, the 16
enforcement debtor may, subject to section 44, apply to SPER in the 17
approved form for conversion of the amount stated in the order to hours of 18
unpaid community service under a fine option order. 19
(2) The approved form provided by SPER for subsection (1) must 20
include a statement of the consequences of not complying with a fine option 21
order. 22
(3) An application under this section may also be made by telephone. 23
(4) If the enforcement debtor applies by telephone, SPER must explain to 24
the enforcement debtor the consequences of not complying with a fine 25
option order and record the fact that the consequences have been explained. 26
application for fine option order may not be made 27
When
44.(1) An enforcement debtor can not apply for a fine option order-- 28
(a) if the enforcement debtor has contravened a previous fine option 29
order for the same offence; or 30
s 45 33 s 47
State Penalties Enforcement
(b) after the issue of an arrest and imprisonment warrant for the 1
amount stated in the enforcement order. 2
(2) Also, an enforcement debtor can not apply for a fine option order if 3
the enforcement debtor has previously applied for and been refused a fine 4
option order for the same offence on the ground that the person could pay 5
the fine. 6
(3) If a person makes an application despite subsection (1), SPER must 7
not accept the application. 8
(4) Also, if a person makes an application despite subsection (2), SPER 9
must not accept the application unless SPER is satisfied the person's 10
financial position has become significantly worse. 11
(5) If SPER does not accept an application because of this section, SPER 12
must inform the applicant that SPER can not make a fine option order for 13
the person because of this section. 14
fine option order if SPER decides applicant can pay 15
No
45.(1) If, after considering an application for a fine option order, SPER 16
decides the applicant can pay the total amount unpaid, including by 17
instalments or otherwise, SPER must reject the application. 18
(2) SPER must inform the applicant of the decision and the reasons for 19
the decision. 20
option order only for unpaid fine 21
Fine
46. A fine option order can only be made for-- 22
(a) a fine; and 23
(b) fees or costs payable under this Act. 24
SPER accepts application for fine option order 25
If
47.(1) If SPER accepts an application for a fine option order, SPER 26
must, as soon as reasonably practicable, refer the application to the chief 27
executive (corrective services) for decision about whether the enforcement 28
s 48 34 s 48
State Penalties Enforcement
debtor is suitable for performing community service under a fine option 1
order. 2
(2) SPER must give to the enforcement debtor notice of the referral and a 3
copy of any information used to make the decision. 4
(3) The notice must state-- 5
(a) the purpose of the referral is for enabling the chief executive 6
(corrective services) to decide whether the enforcement debtor is 7
suitable for performing community service under a fine option 8
order; and 9
(b) the enforcement debtor must attend the corrective services office 10
most convenient to the enforcement debtor, unless the chief 11
executive (corrective services) decides to assess the enforcement 12
debtor's suitability by telephone. 13
of suitability for fine option order 14
Assessment
48.(1) This section applies if SPER refers an application for a fine option 15
order to the chief executive (corrective services) under section 47. 16
(2) Unless the chief executive (corrective services) decides to assess the 17
person's suitability by telephone, the enforcement debtor must attend the 18
corrective services office most convenient to the enforcement debtor for 19
assessment. 20
(3) The chief executive (corrective services) must decide whether the 21
enforcement debtor is suitable for performing community service under a 22
fine option order. 23
(4) Without limiting the matters the chief executive (corrective services) 24
may take into account under subsection (3), an enforcement debtor is taken 25
to be not suitable for performing community service if the enforcement 26
debtor has breached a community service order in the previous 12 months. 27
(5) If the chief executive (corrective services) decides the enforcement 28
debtor is not suitable for performing community service under a fine option 29
order, that chief executive must give the enforcement debtor written 30
notice-- 31
(a) of the decision; and 32
s 49 35 s 49
State Penalties Enforcement
(b) if the time for taking other action under the enforcement order has 1
not ended--that the enforcement debtor may take the other action 2
within the time available or, if the time available is less than 3
7 days, within 7 days;14 and 4
(c) if the time for taking other action under the enforcement order has 5
ended--that the enforcement debtor may, within 7 days after the 6
enforcement debtor is given notice of the decision, take the other 7
action. 8
(6) The chief executive (corrective services) must also give SPER notice 9
of the decision. 10
(7) Subsection (5)(b) and (c) apply, even though the time for taking the 11
action ends more than 28 days after the date of the enforcement order. 12
enforcement debtor is suitable for fine option order 13
If
49.(1) If the chief executive (corrective services) decides an enforcement 14
debtor is suitable for performing community service under a fine option 15
order, that chief executive must give SPER notice of-- 16
(a) the decision; and 17
(b) the number of hours of unpaid community service the 18
enforcement debtor must perform to satisfy the unpaid amount 19
stated in the enforcement order; and 20
(c) the supervising corrective services office for the order; and 21
(d) when and where the enforcement debtor must report for 22
performing the community service. 23
(2) For subsection (1)(b), the number of hours unpaid community 24
service to be performed is the number worked out by dividing the unpaid 25
amount by the cut-out rate for a fine option order, rounded down. 26
14 For the other action the enforcement debtor may take, see section 41 (Ways
enforcement debtor may deal with enforcement order).
s 50 36 s 51
State Penalties Enforcement
and registration of fine option order 1
Making
50.(1) If the chief executive (corrective services) informs SPER 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) The registrar must-- 6
(a) register the fine option order as soon as practicable after it is 7
made; and 8
(b) give to the enforcement debtor notice of the making of the fine 9
option order and its terms. 10
(3) The fine option order-- 11
(a) takes effect on its registration; and 12
(b) suspends the enforcement order so far as it requires the payment 13
of the unpaid amount stated in the order. 14
for court hearing 15
Election
51.(1) If, within 28 days after the date of an enforcement order made 16
against an enforcement debtor for an infringement notice offence for which 17
the fine is unpaid, the enforcement debtor-- 18
(a) elects under the order to have the matter of the offence decided in 19
a Magistrates Court; or 20
(b) takes no action under section 42 or 43;15 21
a proceeding for the offence may be started under the Justices Act 1886. 22
(2) If either of the following happens, any enforcement order for the 23
offence stops having effect-- 24
(a) the enforcement debtor elects under subsection (1)(a) to have the 25
matter of the offence decided in a Magistrates Court; 26
15 Section 42 (Application for time to pay) or 43 (Application for fine option order)
s 52 37 s 52
State Penalties Enforcement
(b) the enforcement debtor is granted a rehearing of the complaint for 1
the offence in a Magistrates Court under the Justices Act 1886, 2
section 142.16 3
(3) Also, if a proceeding against the enforcement debtor for the offence is 4
reopened under the Justices Act 1886, section 147A,17 any enforcement 5
order for the offence stops having effect. 6
(4) The registrar must notify the enforcement debtor and the relevant 7
administering authority of the effect of subsection (2) or (3). 8
(5) The notification under subsection (4) must be given as soon as 9
practicable after the registrar knows that the enforcement order stops having 10
effect because of this section. 11
Division 4--Default after enforcement order 12
after time to pay 13
Default
52.(1) This section applies if an enforcement debtor-- 14
(a) fails to pay an amount stated in an enforcement order within 15
28 days after the date of the order or the later time allowed under 16
section 42;18 or 17
(b) fails to pay an amount stated in an instalment payment notice 18
issued under section 42 in accordance with the notice. 19
(2) The registrar may issue an enforcement warrant, a fine collection 20
notice or an arrest and imprisonment warrant for the enforcement debtor for 21
the balance of the unpaid amount stated in the enforcement order or 22
instalment payment notice. 23
(3) Also, if the failure relates to an instalment payment notice, the 24
registrar may cancel the instalment payment notice without notice to the 25
enforcement debtor. 26
16 Section 142 (Proceedings in absence of defendant)
17 Section 147A (Power of justices to reopen proceedings and rectify orders)
18 Section 42 (Application for time to pay)
s 53 38 s 54
State Penalties Enforcement
(4) If the registrar decides to issue an arrest and imprisonment warrant, 1
the warrant must be for the arrest and imprisonment of the enforcement 2
debtor for the period stated in the warrant worked out for the unpaid amount 3
in the same way as the period of imprisonment for an amount stated in an 4
enforcement order is worked out under section 39.19 5
of fine option order 6
Breach
53.(1) This section applies if an authorised corrective services officer 7
gives to SPER a fine option order breach notice for an amount stated in an 8
enforcement order. 9
(2) The registrar must register the notice as soon as practicable after it is 10
received. 11
Division 5--Effect of appeal on enforcement order 12
of appeal on enforcement order 13
Effect
54.(1) This section applies if, after an enforcement order is made for a 14
penalty imposed by a court for an offence, the enforcement debtor appeals 15
against the conviction or sentence for the offence. 16
(2) The appeal suspends the enforcement order. 17
(3) If the appeal is upheld, the registrar must refund to the enforcement 18
debtor any amount paid to SPER for the offence. 19
(4) If the appeal is dismissed, the suspension of the enforcement order is 20
lifted and the registrar may continue to enforce the order. 21
(5) As soon as the registrar becomes aware of the appeal mentioned in 22
subsection (1), the registrar must ensure that any steps taken under this Act 23
to enforce the enforcement order are discontinued immediately and no 24
further action is taken until the appeal is decided. 25
19 Section 39 (Working out period of imprisonment for enforcement order)
s 55 39 s 57
State Penalties Enforcement
Division 6--Cancellation of certain enforcement orders 1
of div 6 2
Application
55. This division applies to an enforcement order for an infringement 3
notice offence ("relevant enforcement order"). 4
for cancellation of enforcement orders 5
Applications
56.(1) An enforcement debtor may apply in writing to SPER for the 6
cancellation of the relevant enforcement order for any of the following 7
reasons-- 8
(a) the person did not receive-- 9
(i) the infringement notice; or 10
(ii) any reminder notice the relevant administering authority sent 11
to the person about the infringement notice; or 12
(iii) the enforcement order; 13
(b) the person received a notice or order mentioned in paragraph (a) 14
after the time allowed for taking action stated in the notice or 15
order; 16
(c) the person was prevented by accident or illness or for another 17
similar reason from taking action in relation to the infringement 18
notice or enforcement order. 19
(2) The application must be made within 6 months after the making of 20
the relevant enforcement order. 21
(3) A person must not, without the approval of the registrar, make more 22
than 1 application in relation to the relevant enforcement order. 23
on application 24
Decision
57.(1) The registrar may cancel the relevant enforcement order only if the 25
registrar is satisfied the order should be cancelled for the reason stated in the 26
application. 27
s 58 40 s 58
State Penalties Enforcement
(2) The registrar may ask the applicant to give to the registrar any 1
information prescribed under a regulation that will help the registrar decide 2
the application. 3
(3) The registrar may consider the application in the absence of the 4
applicant. 5
(4) If the registrar cancels the relevant enforcement order, the registrar 6
must refer the matter of the offence to a Magistrates Court in the 7
Magistrates Court district in which the offence is alleged to have been 8
committed to be dealt with under section 59,20 unless the amount payable 9
under the infringement notice is paid immediately on the cancellation of the 10
order. 11
(5) The registrar must give the applicant notice of the decision and, if the 12
enforcement order is cancelled, a copy of the referral notice. 13
(6) A referral under subsection (4), must be made in the approved form 14
("referral notice"). 15
against refusal to cancel enforcement order 16
Appeal
58.(1) If, after considering an application to cancel an enforcement order, 17
the registrar refuses to cancel the order, the applicant may apply in writing to 18
a Magistrates Court in the Magistrates Court district in which the offence is 19
alleged to have been committed to have the original application decided by 20
the court. 21
(2) The application must be filed with the relevant court registrar. 22
(3) The court registrar must, as soon as practicable, refer the matter to the 23
court and notify the applicant and the registrar of when and where the 24
application is to be decided. 25
(4) The court may make any decision about the application that the 26
registrar could have made. 27
(5) The court may decide the application in the absence of the applicant if 28
the court is satisfied the applicant is avoiding service of the notice or can not, 29
after reasonable search and inquiry, be found. 30
20 Section 59 (Proceedings for offence if enforcement order cancelled)
s 59 41 s 60
State Penalties Enforcement
(6) Also, the court may decide the application if it is satisfied that no 1
party to the application will be prejudiced by the non-service of, or any error 2
or omission in, the referral notice. 3
for offence if enforcement order cancelled 4
Proceedings
59.(1) A Magistrates Court must hear and decide a matter referred to it 5
under section 5721 as if the relevant enforcement order had not previously 6
been made. 7
(2) The court may hear and decide the matter immediately or at a later 8
sitting of the court. 9
(3) The court must not hear and decide the matter if the amount payable 10
under the infringement notice to which it relates is paid immediately on 11
cancellation of the order. 12
(4) The court may make an order for costs. 13
(5) For hearing and deciding a matter under this section, the application 14
for the order and any attachment or certificate is taken-- 15
(a) to be a complaint for the offence; and 16
(b) to have been filed when it was made; and 17
(c) to have been filed by the authorised person who served the 18
relevant infringement notice. 19
(6) The authorised person who served the infringement notice, or an 20
appropriate officer nominated by that person, is taken to be the complainant. 21
relating to cancellation of enforcement order 22
Provisions
60.(1) On an application under section 56 or 58,22 the registrar or a 23
Magistrates Court may stay enforcement action under a relevant 24
enforcement order on the conditions the registrar or the court considers 25
appropriate. 26
21 Section 57 (Decision on application)
22 Section 56 (Applications for cancellation of enforcement orders) or 58 (Appeal
against refusal to cancel enforcement order)
s 61 42 s 61
State Penalties Enforcement
(2) A single application may be made for the cancellation of 2 or more 1
relevant enforcement orders against the same person. 2
(3) 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
(4) Without limiting subsection (3), if a relevant enforcement order is 6
cancelled-- 7
(a) enforcement costs are not payable for the issue of the order; and 8
(b) any amount that has been paid under the order is repayable to the 9
person by whom it was paid; and 10
(c) the period of limitation within which a proceeding for the offence 11
to which the order relates may be started for the matter starts on 12
the day the order is cancelled. 13
PART 5--CIVIL ENFORCEMENT 14
Division 1--Preliminary 15
of pt 5 16
Application
61. Subject to section 62, this part applies-- 17
(a) if-- 18
(i) the unpaid amount stated in an enforcement order is not paid 19
within 28 days after the date of the order or the further time 20
allowed under section 42;23 and 21
(ii) if relevant, the enforcement debtor has not elected under 22
section 51 24 to have the matter of an offence decided in a 23
Magistrates Court; or 24
23 Section 42 (Application for time to pay)
24 Section 51 (Election for court hearing)
s 62 43 s 63
State Penalties Enforcement
(b) if this Act expressly authorises the registrar to issue an 1
enforcement warrant or a fine collection notice for an unpaid 2
amount. 3
does not prevent issue of arrest and imprisonment warrant 4
Part
62. Nothing in this part prevents the registrar, instead of acting under this 5
part, issuing an arrest and imprisonment warrant for an enforcement debtor 6
who may be arrested under this or another Act because of the enforcement 7
debtor's failure to pay an amount. 8
2--Enforcement warrants 9
Division
of enforcement warrant 10
Issue
63.(1) The registrar may issue a warrant ("enforcement warrant") 11
under this division for an unpaid amount. 12
(2) An enforcement warrant may be a warrant-- 13
(a) to seize and sell real and personal property in which the 14
enforcement debtor has a legal or beneficial interest; or 15
(b) imposing a charge on specified property. 16
(3) An enforcement warrant must-- 17
(a) be in the approved form; and 18
(b) be directed to all enforcement officers; and 19
(c) state the date and time of issue and the date, within 3 months after 20
the warrant's issue, the warrant ends; and 21
(d) include any other particulars required under section 140 or 141.25 22
(4) Before an enforcement warrant ends, the warrant may be renewed by 23
the registrar for a period of not more than 3 months at any one time, from 24
the date the warrant ends. 25
25 Section 140 (Enforcement warrant to seize and sell property) or
141 (Enforcement warrant imposing a charge on property)
s 64 44 s 65
State Penalties Enforcement
(5) On the issue of an enforcement warrant, the amount owing by the 1
enforcement debtor is increased to the total of the amount unpaid before the 2
warrant was issued and the civil enforcement fee. 3
(6) A copy of the enforcement warrant must be served on the 4
enforcement debtor. 5
may cancel, suspend or vary enforcement warrant for 6
Registrar
seizure of property 7
64.(1) A person claiming an interest in property that is or is about to be 8
seized or sold under an enforcement warrant may apply to the registrar for 9
the cancellation, suspention or variation of all or part of the warrant, 10
including because of facts that arise or are discovered after the warrant was 11
issued. 12
(2) The application must state the facts relied on by the applicant. 13
(3) The registrar may, by order, cancel, suspend or vary an enforcement 14
warrant. 15
warrant imposing a charge on property 16
Enforcement
65.(1) An enforcement warrant imposing a charge on property may 17
charge all or part of the enforcement debtor's interest in specified land, 18
prescribed interests or securities. 19
(2) The registrar may issue an enforcement warrant imposing a charge on 20
property belonging to a partnership only if the registrar has given the 21
partners-- 22
(a) notice of intention to issue the warrant; and 23
(b) at least 10 days to give reasons the warrant should not be issued. 24
(3) For this section, service on each partner who resides in the State is 25
sufficient service on any partner who resides outside the State. 26
s 66 45 s 68
State Penalties Enforcement
of warrant imposing charge on property 1
Effect
66.(1) An enforcement warrant imposing a charge on property entitles 2
SPER to the same remedies as SPER would have had if the charge had 3
been made in SPER's favour by the enforcement debtor. 4
(2) However, SPER may not take proceedings to obtain a remedy in 5
relation to particular charged property until-- 6
(a) the enforcement warrant imposing the charge is served on the 7
enforcement debtor and, for prescribed interests or securities, the 8
person who issued or administers the interests or securities; and 9
(b) 21 days have passed since the later service. 10
to set aside or restrain sale, etc. of charged property 11
Order
67.(1) The registrar may apply to the Supreme Court for an order 12
restraining the sale, transfer or other dealing with property under an 13
enforcement warrant imposing a charge on property. 14
(2) The Supreme Court may restrain the sale, transfer or other dealing, 15
unless to do so would prejudice the rights or interests of a genuine 16
purchaser or chargee without notice. 17
(3) Also, the Supreme Court may-- 18
(a) order that property mentioned in the order must not be sold, 19
transferred or otherwise dealt with; or 20
(b) order that property mentioned in the order be sold, transferred or 21
otherwise dealt with only in a stated way or circumstance. 22
(4) In addition, the Supreme Court may set aside any sale, transfer or 23
other dealing with property charged under an enforcement warrant, unless to 24
do so would prejudice the rights or interests of a genuine purchaser or 25
chargee without notice. 26
of dealing with charged or restrained property 27
Offence
68.(1) An enforcement debtor who is served with a copy of an 28
enforcement warrant imposing a charge on property or an order made under 29
section 67, must not knowingly contravene the warrant or order by 30
concealing, selling, transferring or otherwise dealing with the property. 31
s 69 46 s 69
State Penalties Enforcement
Maximum penalty--200 penalty units or 3 years imprisonment. 1
(2) A person who is served with a copy of an enforcement warrant 2
imposing a charge on property or an order made under section 67 and 3
issued or administers the charged property must not conceal, sell, transfer or 4
otherwise deal with the property. 5
Maximum penalty--200 penalty units or 3 years imprisonment. 6
(3) If, despite subsection (2), the person who issued or administers the 7
charged property conceals, sells, transfers or otherwise deals with the 8
property, the person is liable to SPER for the value or amount of the 9
charged property dealt with or the amount owing by the enforcement debtor, 10
whichever is smaller. 11
of enforcement warrant may be made conditional 12
Enforcement
69.(1) If the registrar issues an enforcement warrant to seize and sell real 13
and personal property, the registrar may also instruct any or all enforcement 14
officers not to enforce the warrant until the steps in this section are followed. 15
(2) The enforcement officer must first attempt to recover the amount 16
owing in full. 17
(3) If the enforcement debtor can not pay the amount owing in full, the 18
enforcement officer must attempt to interview the enforcement debtor. 19
(4) If the enforcement officer reasonably believes the enforcement debtor 20
will not, or is unwilling to, take part in the interview, the enforcement officer 21
may enforce the warrant. 22
(5) If, after interviewing the enforcement debtor, the enforcement officer 23
is satisfied the enforcement debtor is unable to pay the amount owing in 24
full, but can pay the amount in a way mentioned in subsection (6) or (7), 25
and the enforcement debtor agrees, the enforcement officer-- 26
(a) must not enforce the warrant; and 27
(b) must ensure the enforcement debtor gives the enforcement officer 28
the information necessary or completes any documents necessary 29
for the amount to be satisfied in the agreed way. 30
s 70 47 s 71
State Penalties Enforcement
(6) If the enforcement officer is satisfied the enforcement debtor can pay 1
the amount owing by instalments at the full instalment rate, the ways the 2
amount may be paid are as follows-- 3
(a) by regular redirection from a financial institution account at the 4
full instalment rate; 5
(b) by regular redirection from earnings. 6
(7) If the enforcement officer is satisfied the enforcement debtor can not 7
pay the amount owing by instalments at the full instalment rate, the ways 8
the amount may be paid are as follows-- 9
(a) by paying the amount by regular redirection from a financial 10
institution account at a rate less than the full instalment rate; 11
(b) by performing hours of unpaid community service under a fine 12
option order. 13
of entry to enforce enforcement warrant 14
Power
70.(1) An enforcement officer may, at any reasonable time of the day or 15
night, enter any premises stated in an enforcement warrant for the purposes 16
of executing the warrant. 17
(2) However, an enforcement officer may enter a part of premises used 18
only for residential purposes only if the occupier consents to the entry or 19
entry is authorised under a search warrant. 20
warrant 21
Search
71.(1) If an enforcement officer reasonably believes there may be in any 22
premises property that may be seized under an enforcement warrant, the 23
enforcement officer may apply to a magistrate or a justice of the peace 24
(magistrates court) who is not an official within the meaning of 25
section 12,26 for the issue of a search warrant under this section. 26
(2) The magistrate or justice ("issuer") may refuse to consider the 27
application until the enforcement officer gives the issuer all the information 28
the issuer requires about the application in the way the issuer requires. 29
26 Section 12 (Protection from liability)
s 72 48 s 73
State Penalties Enforcement
1
Example--
2
The issuer may require additional information about the application to be given by
3
statutory declaration.
(3) The issuer may issue the warrant only if satisfied there are reasonable 4
grounds for believing there is in the premises property an enforcement 5
officer may seize under an enforcement warrant. 6
(4) The warrant must be in the approved form and state-- 7
(a) that a stated enforcement officer, or all enforcement officers, may 8
enter the place and exercise the powers under section 72; and 9
(b) if the warrant is to be enforced at night--the hours when the place 10
may be entered; and 11
(c) the warrant ends 7 days after it is issued. 12
under search warrant 13
Powers
72.(1) An enforcement officer has the following powers under a search 14
warrant-- 15
(a) power to enter and re-enter stated premises and to stay on the 16
premises for the time reasonably necessary to exercise the power 17
mentioned in paragraph (b); 18
(b) power to search for and seize any property the enforcement 19
officer may seize under an enforcement warrant; 20
(c) power to use reasonable help and force for paragraphs (a) and (b). 21
(2) However, an enforcement officer does not have power under this 22
section to seize property under any enforcement warrant or order issued 23
under another Act while the person is in premises only under a search 24
warrant under this Act. 25
supporting seizure 26
Powers
73. Having seized a thing, an enforcement officer may-- 27
(a) move the thing from the place where it was seized (the "place of 28
seizure"); or 29
s 74 49 s 75
State Penalties Enforcement
(b) leave the thing at the place of seizure, but take reasonable action to 1
restrict access to it. 2
3
Examples of restricting access to a thing--
4
1. Sealing a thing and marking it to show access to it is restricted.
5
2. Sealing the entrance to a room where the seized thing is situated and marking it
6
to show access to it is restricted.
of enforcement warrant 7
Return
74.(1) An enforcement officer must give to the registrar a return about 8
the enforcement or otherwise of an enforcement warrant. 9
(2) The return must be made by giving to the registrar a certificate signed 10
by the enforcement officer stating what was done to enforce the warrant, or 11
what other action, if any, was taken. 12
3--Fine collection notices 13
Division
of fine collection notice 14
Issue
75.(1) The registrar may issue a notice ("fine collection notice") under 15
this division for an unpaid amount. 16
(2) A fine collection notice may be a notice-- 17
(a) to redirect earnings of the enforcement debtor; or 18
(b) to redirect all or part of a debt owed to the enforcement debtor; 19
(c) for regular redirection from a financial institution account. 20
(3) On the issue of a fine collection notice, the amount owing by the 21
enforcement debtor is increased to the total of the amount unpaid before the 22
notice was issued and the civil enforcement fee prescribed under a 23
regulation. 24
s 76 50 s 77
State Penalties Enforcement
of fine collection notice after enforcement warrant 1
Issue
76.(1) This section applies if an enforcement debtor agrees under 2
section 6927 to satisfy an amount for which an enforcement warrant has 3
been issued by payments under a fine collection notice. 4
(2) The issue of the fine collection notice suspends the operation of the 5
enforcement warrant for so long as amounts are deducted under the notice. 6
may cancel, suspend or vary fine collection notices 7
Registrar
77.(1) An enforcement debtor may apply to the registrar for the 8
cancellation, suspension or variation of all or part of a fine collection notice, 9
including because of facts that arise or are discovered after the notice was 10
issued. 11
(2) The application must state the facts relied on by the applicant. 12
(3) The registrar may cancel, suspend or vary a fine collection notice. 13
(4) If the registrar cancels, suspends or varies a fine collection notice for 14
redirection of the enforcement debtor's earnings, the registrar must give 15
notice of the cancellation, suspension or variation to the enforcement 16
debtor's employer. 17
(5) If the registrar cancels, suspends or varies a fine collection notice for 18
regular redirection from a financial institution account, the registrar must 19
give notice of the cancellation, suspension or variation to the financial 20
institution named in the notice. 21
(6) If the registrar cancels, suspends or varies a fine collection notice for 22
regular redirection of a debt owing to the enforcement debtor, the registrar 23
must give notice of the cancellation, suspension or variation to the third 24
person to whom the fine collection notice was given. 25
(7) The cancellation, suspension or variation of a fine collection notice for 26
regular redirection from a financial institution account does not take effect 27
until the end of 7 days after the day notice of the cancellation, suspension or 28
variation to is given to the financial institution. 29
27 Section 69 (Enforcement of enforcement warrant may be made conditional)
s 78 51 s 80
State Penalties Enforcement
of notices under this division to be given to enforcement debtor 1
Copy
78. The registrar must give a copy of any fine collection notice, or notice 2
cancelling, varying or suspending a fine collection notice, to the enforcement 3
debtor as soon as practicable after it is issued. 4
4--Provisions about fine collection notices redirecting earnings 5
Division
registrar may issue fine collection notice for redirection of 6
When
earnings 7
79.(1) The registrar may issue to the employer of an enforcement debtor 8
a fine collection notice for redirection of the enforcement debtor's earnings 9
only if the registrar is satisfied of the following-- 10
(a) the person is the enforcement debtor's employer; 11
(b) the enforcement debtor will have enough money available to 12
satisfy the unpaid amount after deducting-- 13
(i) the necessary living expenses of the enforcement debtor and 14
the enforcement debtor's dependants; and 15
(ii) any other known liabilities of the enforcement debtor; 16
(c) the amount of earnings to be redirected would not impose 17
unreasonable hardship on the enforcement debtor. 18
(2) If the registrar considers it necessary or desirable to cancel or vary a 19
fine collection notice, the registrar must, as soon as is practicable, give 20
written notice to the employer of the cancellation or variation of the relevant 21
notice. 22
or more employers of 1 employee 23
Two
80. If an enforcement debtor receives earnings from 2 or more 24
employers, the registrar may-- 25
(a) treat any of the employers as the only employer of the 26
enforcement debtor; or 27
(b) treat any 2 or more of the employers as joint employers of the 28
enforcement debtor. 29
s 81 52 s 83
State Penalties Enforcement
of employer to make deductions 1
Duty
81.(1) Subject to section 82, an employer who pays earnings to an 2
employee for whom a fine collection notice for redirection of the 3
enforcement debtor's earnings is in force must, when paying the earnings, 4
deduct an amount from the earnings as required under this division. 5
Maximum penalty--20 penalty units. 6
(2) On the conviction of a person for an offence against subsection (1), 7
the court may, in addition to imposing a penalty, order the person to pay to 8
SPER, as a debt, an amount of not more than the total of the amount the 9
person did not deduct under the fine collection notice. 10
out amount to be deducted 11
Working
82.(1) The amount an employer must deduct from an enforcement 12
debtor's earnings for each week under a fine collection notice is the weekly 13
deduction amount specified in the notice. 14
(2) However, if the deduction of an amount under subsection (1) would 15
reduce the enforcement debtor's earnings for the period to less than the 16
protected earnings amount, the employer must deduct only the amount, if 17
any, that would reduce the enforcement debtor's earnings for the period to 18
an amount equal to the protected earnings amount. 19
20
Examples for subsection (2)--
21
1. If the employee earns $250 and the protected earning rate is $275, no deduction
22
may be made.
23
2. If the employee earns $290, the protected earnings rate is $275 and the amount
24
to be deducted is $25, the employer may only deduct the difference between the
25
protected earnings rate and the amount actually earned or $15.
for working out earnings for s 82 26
Provisions
83.(1) This section applies for working out the amount of earnings an 27
employer pays to an employee. 28
(2) Any amount an employer pays to an employee for piecework is taken 29
to have been paid to the employee for the period that started when the 30
employee started the work and ended when the work ended. 31
s 84 53 s 84
State Penalties Enforcement
(3) Any amount an employer pays to an employee for services under a 1
contract that is wholly or principally for the labour of the employee is taken 2
to have been paid to the employee for the period that started when the 3
employee started to provide the services and ended when the provision of 4
the services ended. 5
(4) Any amount an employer pays for other work performed or services 6
provided, but not for a particular period, is taken to have been paid for the 7
period of 52 weeks ending the day before the day the amount is paid. 8
(5) If the employee is entitled to be paid an amount for a period of more 9
than 1 week, the employer is taken to have paid an amount of earnings to 10
the employee for each week or part of a week in the period, worked out by 11
dividing the amount of earnings actually paid by the number of days in the 12
period and multiplying the result-- 13
(a) for each week--by 7; and 14
(b) for a part of a week--by the number of days in the part of the 15
week. 16
(6) If an employer pays earnings for a week or part of a week in 2 or 17
more separate amounts, the amounts must be aggregated, and the employer 18
may make a deduction from 1 amount or partly from 2 or more amounts. 19
(7) For this section, the amount of any earnings is taken to be the amount 20
of the earnings after deducting any amount the employer is required to 21
deduct from the earnings under the Income Tax Assessment Act 1936 22
(Cwlth), part 6, division 2.28 23
duties of employers 24
Additional
84.(1) An employer who deducts an amount from an employee's 25
earnings under a fine collection notice must, within 7 days after the end of 26
the month in which the amount is deducted or the longer period, of not 27
more than 21 days, the registrar allows-- 28
(a) pay to the registrar the amounts deducted; and 29
(b) give to the registrar a return in the approved form. 30
28 Income Tax Assessment Act 1936 (Cwlth), part 6 (Collection and recovery of tax),
division 2 (Collection by instalments of tax on persons other than companies)
s 85 54 s 85
State Penalties Enforcement
Maximum penalty--50 penalty units or 6 months imprisonment. 1
(2) An employer who does not deduct an amount from an employee's 2
earnings under a fine collection notice relating to an employee in a particular 3
month must, within 7 days after the end of the month, or the longer period, 4
of not more than 21 days, the registrar allows, give to the registrar a return 5
in the approved form. 6
Maximum penalty--15 penalty units. 7
(3) An employer who pays earnings to an employee while a fine 8
collection notice relating to the employee is in force must give to the 9
employee a written notice stating-- 10
(a) the amount deducted under the notice; or 11
(b) if no deduction is made, that no deduction has been made under 12
the notice. 13
Maximum penalty--15 penalty units. 14
(4) If an employee to whom a fine collection notice relates stops being an 15
employee while the notice is in force, the employer must give to the 16
registrar notice of that fact in the approved form within 7 days after the end 17
of the month in which the employment ended or the longer period the 18
registrar allows. 19
Maximum penalty for subsection (4)--10 penalty units. 20
of enforcement debtor's liability to registrar and employer's 21
Discharge
liability to enforcement debtor 22
85. If an employer deducts an amount under this division from the 23
earnings of an enforcement debtor-- 24
(a) the enforcement debtor is, to the extent of the amount deducted, 25
discharged from the enforcement debtor's liability to make 26
payments to the registrar; and 27
(b) the employer is discharged from liability to pay the amount to any 28
person other than the registrar. 29
s 86 55 s 88
State Penalties Enforcement
by trustees of deducted amounts 1
Payment
86.(1) This section applies if-- 2
(a) an amount is payable to the registrar by an employer; and 3
(b) the property of the employer has become vested in, or the control 4
of the property of the employer has passed to, a trustee. 5
(2) The trustee is liable to pay the amount to the registrar. 6
for late payment to registrar of deducted amounts 7
Penalty
87.(1) If an employer other than a government body fails to pay an 8
amount deducted under a fine collection notice ("deducted amount") to the 9
registrar in accordance with section 81,29 the employer must pay to SPER, 10
as a penalty ("late payment penalty")-- 11
(a) 10% of the deducted amount; and 12
(b) interest at the rate of 10% each year on the daily balance of the 13
unpaid deducted amount. 14
(2) Interest is payable on the deducted amount from the day after the 15
amount should have been paid until the day the amount is actually paid. 16
for failure to make deductions from earnings 17
Penalty
88.(1) If an employer other than a government body fails to deduct an 18
amount that could have been deducted from an employee's earnings under a 19
fine collection notice ("undeducted amount"), the employer must pay to 20
SPER, as a penalty ("late payment penalty"), interest at the rate of 10% 21
each year on the undeducted amount. 22
(2) Interest is payable on the undeducted amount from the day the 23
undeducted amount should have been deducted until the day the amount is 24
actually paid. 25
29 Section 81 (Duty of employer to make deductions)
s 89 56 s 90
State Penalties Enforcement
late payment penalty may be waived 1
When
89.(1) The registrar may waive all or part of a late payment penalty if the 2
registrar is satisfied of any of the following-- 3
(a) if the circumstances that contributed to the delay were not caused 4
directly or indirectly by an act or omission of the employer--the 5
employer has taken reasonable steps to avoid or minimise the 6
effects of the circumstances; 7
(b) if the circumstances that contributed to the delay were directly or 8
indirectly caused by an act or omission of the employer-- 9
(i) the employer has taken reasonable steps to avoid or 10
minimise the effects of the circumstances; and 11
(ii) having regard to the nature of the circumstances, it would be 12
fair and reasonable to waive the penalty or part of the 13
penalty; 14
(c) there are special circumstances because of which it would be fair 15
and reasonable to waive all or part of the penalty. 16
(2) If the registrar decides to waive part only of a late payment penalty, or 17
not to waive any part of a late payment penalty, the registrar must give 18
written notice of the decision to the employer concerned and the reasons for 19
the decision. 20
of interest payable on judgment debt 21
Application
90.(1) This section applies if a court gives judgment for the State for the 22
payment of an amount that is or is part of a relevant amount ("judgment 23
debt"). 24
(2) The relevant amount, or part of the relevant amount, must not be 25
taken, for this division, to have stopped being payable only because of the 26
judgment. 27
(3) However, interest payable on the judgment debt must be applied to 28
reduce the amount of interest that would otherwise be payable under this 29
Act. 30
(4) In this section-- 31
"relevant amount" means-- 32
s 91 57 s 92
State Penalties Enforcement
(a) a deducted amount; or 1
(b) the amount of a late payment penalty; or 2
(c) an undeducted amount. 3
is alternative to prosecution for certain offences against part 4
Penalty
91.(1) If a prosecution is started against an employer for an offence 5
against section 81, 30 any amount payable by the employer as a late payment 6
penalty in the circumstances of the contravention is not payable. 7
(2) If-- 8
(a) a person who must pay a late payment penalty to the registrar 9
under this division pays an amount to the registrar in full or partial 10
discharge of the person's liability for the penalty; and 11
(b) a prosecution is started against the person for an offence against 12
section 81 in the circumstances in which the late payment penalty 13
became payable; 14
the registrar must either refund the amount to the person, or apply the 15
amount in full or partial discharge of another debt the person owes to SPER 16
under this Act. 17
(3) However, if the prosecution is withdrawn, the person again becomes 18
liable to pay the late payment penalty. 19
(4) For subsection (3), the period of the prosecution is not counted for the 20
purpose of calculating a late payment penalty under section 87 or 88. 21
not to prejudice employees because of action under this 22
Employers
part 23
92.(1) An employer must not, because another person is an enforcement 24
debtor-- 25
(a) refuse to employ or pay earnings to the person; or 26
(b) dismiss, or threaten to dismiss, the person from employment; or 27
30 Section 81 (Duty of employer to make deductions)
s 93 58 s 93
State Penalties Enforcement
(c) terminate or threaten to terminate the payment of earnings to the 1
person; or 2
(d) prejudice or threaten to prejudice the person in the person's 3
employment or otherwise in the receipt of earnings; or 4
(e) intimidate, coerce, impose a money or other penalty on, or take 5
any other disciplinary action against, the person. 6
Maximum penalty--100 penalty units or 2 years imprisonment. 7
(2) On the conviction of an employer for an offence against subsection 8
(1), the court may, whether or not it imposes any penalty for the offence, 9
make either or both of the following orders-- 10
(a) order the offender to pay compensation to the enforcement debtor 11
for loss or damage suffered because of the offence; 12
(b) order the taking of action to remedy or reduce the loss or damage 13
suffered by the enforcement debtor because of the offence. 14
(3) The enforcement debtor may recover compensation ordered to be 15
paid under subsection (2)(a) as a debt. 16
(4) Subsection (2) does not limit the powers of a court under the 17
Penalties and Sentences Act 1992, part 3, division 4. 18
not to disclose information etc. 19
Employers
93.(1) This section applies to a person who is or has been-- 20
(a) an employer of an enforcement debtor; or 21
(b) a person employed by, or performing services for, an employer 22
of an enforcement debtor. 23
(2) The person must not directly or indirectly disclose or communicate to 24
another person any information about the financial affairs of the 25
enforcement debtor that is disclosed or obtained under this division and 26
acquired by the person because of, or in performing, the employer's duties 27
under this division, other than-- 28
(a) for this Act; or 29
(b) for performing the employer's duties under this Act; or 30
(c) for carrying on the employer's business affairs. 31
s 94 59 s 95
State Penalties Enforcement
Maximum penalty for subsection (2)--25 penalty units or 6 months 1
imprisonment. 2
to be kept by employers 3
Records
94.(1) An employer must keep written records, in English, of-- 4
(a) all amounts deducted or required to be deducted from earnings 5
under a fine collection notice; and 6
(b) other acts done, or required to be done, by the employer under 7
this division. 8
Maximum penalty--25 penalty units or 6 months imprisonment. 9
(2) The employer must-- 10
(a) keep the records in a way that correctly records and explains the 11
matters to which they relate; and 12
(b) keep a particular record for 5 years after it is made. 13
Maximum penalty--25 penalty units or 6 months imprisonment. 14
(3) This section does not require a person to keep records if the registrar 15
has notified the person, in writing, that keeping the records is not required. 16
(4) In a proceeding for an offence against subsection (2)(a), it is a defence 17
for the employer to prove that the employer did not know, and could not 18
reasonably be expected to have known, that the record to which the 19
proceeding relates did not correctly record and explain the matter to which 20
the record relates. 21
to premises etc. 22
Access
95.(1) For enforcing this part against an employer, the registrar may give 23
an enforcement officer written authority to exercise powers under this 24
section. 25
(2) The enforcement officer may not exercise powers under this section 26
unless the enforcement officer first produces the written authority for 27
inspection by the employer and an identity card. 28
(3) The powers the enforcement officer has under this section are as 29
follows-- 30
s 96 60 s 96
State Penalties Enforcement
(a) power, at all reasonable times, to enter premises of an employer. 1
other than premises used exclusively as a residence, and remain 2
on the premises for the time reasonably necessary to exercise 3
powers under this section; 4
(b) power to inspect or examine any business records relevant to the 5
employer's obligations under this Act on the employer's 6
premises; 7
(c) power to make copies of, or take extracts from, any document the 8
enforcement officer considers is reasonably necessary for 9
ensuring compliance with this Act; 10
(d) power to require the occupier of the premises to give the 11
enforcement officer reasonable help to exercise a power 12
mentioned in paragraph (a), (b) or (c). 13
(4) A person required under subsection (3)(d) to give an officer 14
reasonable help must comply with the request, unless the person has a 15
reasonable excuse for not doing so. 16
Maximum penalty--20 penalty units. 17
(5) To the extent reasonable help required by an enforcement officer 18
would involve the production of a document or the giving of information, it 19
is a reasonable excuse for the purposes of subsection (4) that the production 20
of the document or the giving of the information would tend to incriminate 21
the person. 22
of amounts paid or credited if 2 or more debts due 23
Application
96.(1) This section applies if-- 24
(a) 2 or more debts are payable to SPER by an employer under this 25
part; and 26
(b) an employer pays an amount, or the registrar credits an amount 27
towards a debt. 28
(2) Division 931 applies to the amount despite any direction of the 29
employer to the contrary. 30
31 Division 9 (Order of satisfaction of fines etc.)
s 97 61 s 98
State Penalties Enforcement
5--Provisions about fine collection notice for redirection of a 1
Division
debt 2
debt redirected under fine collection notice 3
When
97.(1) A fine collection notice authorising redirection of a debt belonging 4
to an enforcement debtor from a third person must be served on the third 5
person to have effect. 6
(2) On service of the notice on the third person, the debt is redirected in 7
the hands of the third person to SPER to the extent of the amount stated in 8
the notice. 9
(3) However, this section does not limit the right of-- 10
(a) the third person to dispute liability to pay all or part of the debt to 11
the enforcement debtor; or 12
(b) another interested person including, for example, a person other 13
than an enforcement debtor, to claim an entitlement to all or a part 14
of the debt or to a charge or lien on it. 15
(4) This section does not apply to a regular redirection of a regular debt 16
belonging to an enforcement debtor from a financial institution. 17
to enforcement debtor despite redirection 18
Payment
98.(1) This section applies if, after redirection of a debt in the hands of a 19
third person-- 20
(a) the third person acts with reasonable diligence to give effect to the 21
redirection; and 22
(b) despite the third person acting with reasonable diligence, the third 23
person deals with the redirected debt in a way that satisfies, as 24
between the third person and the enforcement debtor, all or part of 25
the redirected debt, including, for example, by payment to the 26
enforcement debtor. 27
(2) If, after acting under subsection (1), the amount still available for 28
redirection is less than the amount owing to SPER, the registrar may vary 29
or cancel the fine collection notice. 30
s 99 62 s 101
State Penalties Enforcement
of the third person 1
Discharge
99.(1) A payment to SPER made by a third person in compliance with a 2
fine collection notice is a valid discharge of the person's liability to the 3
enforcement debtor to the extent of the amount paid. 4
(2) Subsection (1) applies even if, after payment, the fine collection notice 5
is cancelled. 6
Division 6--Provisions about regular redirection from a financial 7
institution account 8
of div 6 9
Application
100. This division applies if-- 10
(a) an enforcement debtor has an account with a financial institution; 11
and 12
(b) another person ("depositor") regularly deposits earnings into the 13
account (a "regular deposit"). 14
of fine collection notice for regular redirection from a financial 15
Service
institution account 16
101.(1) This section applies if the registrar issues a fine collection notice 17
for regular redirection from a financial institution account under 18
section 7532. 19
(2) The notice must be served on the enforcement debtor and on the 20
financial institution. 21
(3) The notice does not have effect until the end of 7 days after the day on 22
which the notice is served on the financial institution. 23
(4) The notice continues in force until the total amount stated in the notice 24
is paid or the notice is cancelled or varied or expires according to its terms. 25
32 Section 75 (Issue of fine collection notice)
s 102 63 s 103
State Penalties Enforcement
institution to make payments 1
Financial
102.(1) For each regular deposit into the enforcement debtor's account 2
while the fine collection notice for regular redirection is in force, the 3
financial institution-- 4
(a) within 2 days after the deposit, must deduct from the account the 5
amount stated in the notice and pay it to SPER as stated in the 6
notice; and 7
(b) may deduct from the account an administration charge and keep it 8
as a contribution towards the administrative cost of making 9
payments under the notice; and 10
(c) must give to the enforcement debtor a notice of the deductions 11
and when they were made. 12
(2) However, in applying subsection (1)(a) to the last deduction, the 13
financial institution must deduct the amount, not more than the amount 14
stated in the notice for deduction for each regular deposit, that results in the 15
total amount deducted by the financial institution being the total amount to 16
be deducted under the notice. 17
(3) A deduction paid or kept by a financial institution under subsection 18
(1) is a valid discharge of the financial institution's liability to the 19
enforcement debtor to the extent of the deduction. 20
of intentionally defeating notice for regular redirection from a 21
Offence
financial institution account 22
103.(1) An enforcement debtor who is served with a copy of a fine 23
collection notice for regular redirection from a financial institution account 24
must ensure that enough funds remain in the enforcement debtor's account 25
with the financial institution after each regular deposit for the deduction 26
from the account of the amount stated in the notice. 27
(2) The enforcement debtor must notify SPER if-- 28
(a) the depositor discontinues regular payments of earnings to the 29
enforcement debtor; or 30
(b) the enforcement debtor closes the account or arranges for the 31
depositor to pay the enforcement debtor in another way. 32
s 104 64 s 105
State Penalties Enforcement
(3) An enforcement debtor who contravenes subsection (1) or (2) with 1
intent to defeat a notice for regular redirection from a financial institution 2
account commits an offence. 3
Maximum penalty for subsection (3)--20 penalty units. 4
7--Suspension of driver licence 5
Division
for suspending driver licence 6
Criteria
104.(1) This division applies-- 7
(a) if the offence to which an infringement notice or conviction relates 8
involved a motor vehicle; and 9
(b) whether or not the enforcement debtor has a driver licence. 10
(2) The registrar may suspend an enforcement debtor's driver licence 11
under this division for a reason stated in subsection (3) or (4). 12
(3) The first reason is that the registrar is satisfied the enforcement debtor 13
has-- 14
(a) defaulted in paying instalments under an instalment payment 15
notice; or 16
(b) failed to start or complete community service under a fine option 17
order made under this Act; or 18
(c) taken no action to have the matter of the offence decided in a 19
court. 20
(4) The second reason is that the registrar is satisfied an enforcement 21
officer has attempted unsuccessfully to enforce an enforcement warrant, 22
including under section 69.33 23
of driver licence 24
Suspension
105.(1) If the registrar decides to suspend an enforcement debtor's driver 25
licence the registrar must serve on the enforcement debtor a notice of 26
intention to suspend the licence. 27
33 Section 69 (Enforcement of enforcement warrant may be made conditional)
s 106 65 s 107
State Penalties Enforcement
(2) If the enforcement debtor does not pay the unpaid amount stated in 1
the notice within 14 days, the enforcement debtor's driver licence is 2
suspended. 3
(3) The driver licence is suspended until the enforcement debtor pays the 4
unpaid amount or the amount is otherwise discharged under this Act. 5
effect of suspension of driver licence 6
General
106.(1) Despite any other Act, the suspension of a driver licence under 7
section 105 operates to suspend the driver licence of an enforcement debtor 8
who holds a driver licence issued outside Queensland while the person is in 9
Queensland. 10
(2) A renewal or replacement of a driver licence suspended under this 11
section does not affect the suspension. 12
(3) Also, the suspension of a driver licence under this section does not 13
affect the powers a court or another person may exercise under another Act 14
to suspend or cancel the licence. 15
(4) If a person does not hold a driver licence, the person is also 16
disqualified from holding or obtaining a driver licence until all amounts 17
payable for vehicle related offences are paid. 18
of suspension of driver licence 19
Review
107.(1) This section applies if an enforcement debtor's driver licence is 20
suspended for 3 months or more. 21
(2) As soon as practicable after the end of each 3 months of the 22
suspension, the registrar must review the suspension. 23
(3) If the registrar is satisfied the enforcement debtor is not taking steps 24
to satisfy the unpaid amount stated in the notice of intention to suspend the 25
driver licence, the registrar may issue an arrest and imprisonment warrant 26
for the enforcement debtor for the amount, without notice to the 27
enforcement debtor. 28
s 108 66 s 109
State Penalties Enforcement
of suspension of driver licence on vehicle insurance 1
Effect
108.(1) The suspension of a person's driver licence under this Act does 2
not terminate a vehicle insurance policy. 3
(2) Also, a claim under a vehicle insurance policy can not be refused only 4
because a person's driver licence is suspended under this Act. 5
(3) This section has effect despite anything to the contrary in a vehicle 6
insurance policy or any other agreement. 7
(4) In this section-- 8
"vehicle insurance policy" means a policy of insurance for damage or loss 9
caused by or arising out of the use or operation of a vehicle, but does 10
not include a CTP insurance policy within the meaning of the Motor 11
Accident Insurance Act 1994. 12
8--Other enforcement options 13
Division
of fine option order after enforcement warrant 14
Making
109.(1) This section applies if an enforcement debtor agrees under 15
section 6934 to apply under this Act for a fine option order. 16
(2) Sections 44 and 46 to 5035 apply to the application as if it had been 17
made after the issue of an enforcement order. 18
(3) The making of the fine option order suspends the operation of the 19
enforcement warrant for so long as the enforcement debtor complies with 20
the fine option order. 21
(4) However, if the enforcement debtor contravenes the fine option order, 22
the registrar may cancel the order and the enforcement warrant and issue an 23
arrest and imprisonment warrant for the enforcement debtor, without notice 24
to the enforcement debtor. 25
34 Section 69 (Enforcement of enforcement warrant may be made conditional)
35 Sections 44 (When application for fine option order may not be made), 46 (Fine
option order only for unpaid fine), 47 (If SPER accepts application for fine option
order), 48 (Assessment of suitability for fine option order), 49 (If chief executive
(corrective services) decides enforcement debtor is suitable for fine option order)
and 50 (Making and registration of fine option order)
s 110 67 s 111
State Penalties Enforcement
of interests 1
Registration
110.(1) This section applies if-- 2
(a) the total amount owing by an enforcement debtor is more than 3
$1 000; and 4
(b) the registrar issues an enforcement warrant for the amount. 5
(2) The registrar may register with the registrar of titles or any other 6
person required or permitted to keep a register about dealing with property 7
an interest in land or in any other property, for example, a motor vehicle. 8
(3) On registration of an interest in land or other property, the amount 9
accrues interest at the annual rate prescribed under the Supreme Court Act 10
1995, part 4, division 20.36 11
(4) Also, the amount and any accruing interest becomes a charge on the 12
debtor's interest in the land or other property ranking in priority according to 13
the time of registration of the interest. 14
(5) Subsection (4) applies subject to any other Act. 15
9--Order of satisfaction of fines etc. 16
Division
of satisfaction of fines for infringement notice offences 17
Order
111.(1) This section applies if an enforcement debtor pays all or part of 18
the amount payable under an enforcement order, enforcement warrant, fine 19
collection notice or an arrest and imprisonment warrant for an infringement 20
notice offence. 21
(2) The amount must be applied as follows-- 22
(a) first, to any amount required to be paid as fees; 23
(b) then to the amount of the fine. 24
36 Part 4 (Provisions from Common Law Practice Act 1867) division 20 (Practice at
the trial)
s 112 68 s 113
State Penalties Enforcement
(3) However, if the enforcement debtor also has an amount unpaid under 1
an enforcement order to which section 112 applies, the amount paid must be 2
applied in accordance with section 112 until all relevant amounts under that 3
section are paid before it is applied under subsection (2). 4
of satisfaction of other amounts 5
Order
112.(1) This section applies if an enforcement debtor pays all or part of 6
an unpaid amount payable under an enforcement order, enforcement 7
warrant, fine collection notice or an arrest and imprisonment warrant other 8
than for an infringement notice offence. 9
(2) Subject to section 113, the amount must be applied towards satisfying 10
the unpaid amount in the following order-- 11
(a) compensation; 12
(b) restitution; 13
(c) damages; 14
(d) a fixed portion of a penalty; 15
(e) court fees; 16
(f) witnesses' expenses payable under the decision; 17
(g) professional costs; 18
(h) any other fees or costs; 19
(i) any other amount ordered to be paid, including a fine. 20
(3) For subsection (2)(i), subject to any direction given in relation to the 21
amount, the amounts must be applied in the way fines, penalties, or 22
forfeitures are applied. 23
(4) This section applies subject to any direction in the Act under which 24
the relevant amount is ordered to be paid. 25
of satisfaction if more than 1 enforcement order 26
Order
113.(1) This section applies if an enforcement debtor pays all or part of 27
an unpaid amount stated in an enforcement order, enforcement warrant, fine 28
collection notice or an arrest and imprisonment warrant other than for an 29
s 113 69 s 113
State Penalties Enforcement
infringement notice offence and there are 2 or more orders, warrants or 1
notices to which the amount could be applied. 2
(2) The amount must first be applied to satisfy all outstanding amounts in 3
the first relevant category in section 112(2) in the order in which they 4
became payable. 5
(3) After all amounts in the first relevant category are satisfied, any 6
remaining amount must be applied to satisfy unpaid amounts in the next 7
relevant category and then to each other relevant category in the same way 8
until each relevant category is satisfied. 9
10
Examples for subsection (3)--
11
1. If the enforcement debtor has been ordered to pay the following amounts under
12
a court order--
13
(a) $200 for a fine, $80 costs of court, $50 witness expenses, $250
14
professional fees and $300 restitution, under an order made on 2 January
15
1999; and
16
(b) $500 for a fine, $80 costs of court, $50 witness expenses, $600
17
professional fees and $350 restitution, under an order made on 4 January
18
1999;
19
any part payments must first satisfy the restitution amounts ordered on 2 January 1999
20
and 4 January 1999 in that order before any other part payments may be applied to
21
satisfy amounts outstanding in the next relevant category.
22
2. If the enforcement debtor must pay the following outstanding amounts--
23
(a) $172 ($130 for a speeding fine and $42 for the SPER registration fee)
24
under an enforcement order made on 1 January 1999; and
25
(b) $200 for a fine, $80 costs of court, $50 witness expenses, $250
26
professional fees and $300 restitution, under a court order made on 2
27
January 1999; and
28
(c) $222 ($180 for a speeding fine and $42 for the SPER registration fee)
29
under an enforcement order made on 3 January 1999; and
30
(d) $500 for a fine, $80 costs of court, $50 witness expenses, $600
31
professional fees and $350 restitution, under a court order made on 4
32
January 1999;
s 114 70 s 114
State Penalties Enforcement
1
any part payments must first be applied to discharge the amounts ordered as
2
restitution on 2 January 1999 and 4 January 1999, in order, before any other part
3
payment may be applied to satisfy amounts outstanding in the next relevant category
4
for the orders made on 2 and 4 January 1999. Once those orders are satisfied, the part
5
payments must then be applied to satisfy all outstanding amounts for the speeding
6
fines.
Division 10--General provisions 7
of person serving fine collection notice or enforcing warrant to 8
Power
demand name and address etc. 9
114.(1) An enforcement officer serving a fine collection notice or 10
enforcing a warrant under this Act may require a person the enforcement 11
officer reasonably suspects to be the person named in the notice or warrant 12
to provide any of the following information that is relevant to the notice or 13
warrant or the exercise of powers under this Act because of the notice or 14
warrant-- 15
(a) the person's full name and address; 16
(b) the person's employment details; 17
(c) the person's bank account details; 18
(d) the person's driver licence number; 19
(e) who owns specified property; 20
(f) the person's pension details; 21
(g) the person's income and expenditure. 22
(2) Also, an enforcement officer may require the person to provide 23
evidence to the officer of the correctness of the information if, in the 24
circumstances, it would be reasonable to expect the person to be in 25
possession of evidence of the correctness of the information or to otherwise 26
be able to give the evidence. 27
(3) When making a requirement under subsection (1), the enforcement 28
officer must warn the person that, unless the person has a reasonable 29
excuse, it is an offence to provide the information required. 30
s 115 71 s 115
State Penalties Enforcement
(4) When making a requirement under subsection (2), the enforcement 1
officer must warn the person that, unless the person has a reasonable 2
excuse, it is an offence to fail to provide evidence of the correctness of 3
information provided by the person. 4
(5) A person must comply with a requirement under subsection (1) or 5
(2), unless the person has a reasonable excuse. 6
Maximum penalty--10 penalty units. 7
(6) A person does not commit an offence against subsection (5) if the 8
person given the requirement is not proved to be the person named in the 9
notice or warrant. 10
of particular proceedings 11
Effect
115.(1) If, for an offence-- 12
(a) a person served with an infringement notice-- 13
(i) pays the amount owing under an enforcement order for the 14
offence in full; or 15
(ii) applies to pay the amount owing under an enforcement order 16
for the offence by instalments; or 17
(iii) applies to convert the amount owing under an enforcement 18
order for the offence to unpaid hours of community service 19
under a fine option order; or 20
(b) an enforcement warrant or an arrest and imprisonment warrant is 21
enforced against a person served with an infringement notice for 22
the amount owing under an enforcement order for the offence; 23
the proceedings that may be brought against, and the penalties that may be 24
imposed on, the person for the offence are limited to proceedings and 25
penalties that could be brought or imposed if the person had already been 26
convicted of, and punished for, the offence. 27
(2) Subsection (1)(a) stops applying if the enforcement order is 28
withdrawn or cancelled after the amount is paid. 29
(3) The making of the enforcement order is not a conviction for the 30
offence. 31
s 116 72 s 118
State Penalties Enforcement
(4) Payment of an amount for the offence is not an admission for any 1
civil or criminal proceeding arising out of the event for which the 2
infringement notice was issued. 3
(5) The Governor may waive all or part of an unpaid amount stated in an 4
enforcement order, whether or not any part of the amount is payable to 5
someone other than the State, and on the giving of the waiver the 6
enforcement order stops having effect to the extent of the waiver. 7
of obstructing enforcement officer 8
Offence
116. A person must not obstruct or assault an enforcement officer acting 9
in the performance of duties under this Act. 10
Maximum penalty-- 50 penalty units or 1 year's imprisonment 11
of defacing or removing seizure tags 12
Offence
117. A person must not interfere with an item seized by an enforcement 13
officer left at the place of seizure or a seizure tag or sticker placed on it. 14
Maximum penalty--10 penalty units. 15
ART 6--IMPRISONMENT 16
P
behaviour order when imprisonment not appropriate 17
Good
118.(1) This section applies if-- 18
(a) an enforcement warrant or a fine collection notice has been issued 19
for an enforcement debtor for an unpaid amount; and 20
(b) the registrar is satisfied, after considering a report about the 21
enforcement debtor from a doctor, that for medical or psychiatric 22
reasons-- 23
(i) the enforcement debtor is not suitable for performing 24
community service under a fine option order; and 25
s 118 73 s 118
State Penalties Enforcement
(ii) the enforcement debtor can not pay or continue to pay all or 1
part of the unpaid amount; and 2
(iii) in the particular circumstances, it may be inappropriate to 3
enforce the payment of the amount by issuing an arrest and 4
imprisonment warrant for the enforcement debtor. 5
(2) The registrar, with the consent of the enforcement debtor, may order 6
that the enforcement debtor must be of good behaviour, for the period, of 7
not longer than 3 years, stated in the order on the conditions the registrar 8
considers appropriate. 9
(3) Before making an order ("good behaviour order") under 10
subsection (2), the registrar must give the enforcement debtor 7 days written 11
notice of intention to make the order. 12
(4) The notice must state-- 13
(a) the good behaviour order the registrar intends to make and the 14
effect of the order; and 15
(b) the order can not be made without the enforcement debtor's 16
consent; and 17
(c) that if the registrar does not make the order, the registrar may 18
issue an arrest and imprisonment warrant for the enforcement 19
debtor for the unpaid amount. 20
(5) If the registrar is satisfied the enforcement debtor has contravened a 21
good behaviour order, including, for example, by incurring a further fine, 22
the registrar may, without notice to the enforcement debtor, issue an arrest 23
and imprisonment warrant for the enforcement debtor for the unpaid 24
amount. 25
(6) The warrant must be for the arrest and imprisonment of the 26
enforcement debtor for the period, stated in the warrant, worked out for the 27
unpaid amount in the same way as the period of imprisonment for an 28
amount stated in an enforcement order is worked out under section 39.37 29
37 Section 39 (Working out period of imprisonment for enforcement order)
s 119 74 s 120
State Penalties Enforcement
by imprisonment 1
Enforcement
119.(1) This section applies if, after attempting to enforce an enforcement 2
warrant against an enforcement debtor, the registrar is satisfied the unpaid 3
amount under the enforcement warrant can not be satisfied in any other way 4
authorised under this Act. 5
(2) This section also applies if the registrar issues an instalment payment 6
notice or fine collection notice or makes a fine option order for an 7
enforcement debtor after attempting to enforce an enforcement warrant and 8
the enforcement debtor fails to comply with the notice or order. 9
(3) The registrar may issue a warrant ("arrest and imprisonment 10
warrant"), directed to all police officers, for the arrest and imprisonment of 11
the enforcement debtor for the period stated in the warrant. 12
(4) The period of imprisonment is to be worked out for the unpaid 13
amount in the same way as the period of imprisonment for an amount 14
stated in an enforcement order is worked out under section 39. 15
(5) The warrant stops having effect if the unpaid amount is paid before 16
the enforcement debtor is imprisoned. 17
(6) The period of imprisonment an enforcement debtor must serve under 18
the warrant is cumulative on any other period of imprisonment the debtor 19
must serve under any other warrant or an order of a court. 20
of fine by imprisonment 21
Satisfaction
120.(1) If a person serves the total period of imprisonment under an 22
arrest and imprisonment warrant, the unpaid amount stated in the warrant is 23
taken to be satisfied. 24
(2) If, after an arrest and imprisonment warrant is issued, but before the 25
person named in the warrant is imprisoned, the person pays part of the 26
unpaid amount stated in the warrant, the warrant has effect as if the period 27
of imprisonment stated in it were the balance remaining to be paid divided 28
by-- 29
(a) for a court ordered amount--the relevant cut-out rate for the court 30
order, rounded down to the nearest whole number and expressed 31
as a number of days; or 32
s 121 75 s 121
State Penalties Enforcement
(b) for an infringement notice offence--the cut-out rate for the 1
infringement notice offence, rounded down to the nearest whole 2
number and expressed as a number of days. 3
4
Example for subsection (2)(a)--
5
B is fined $1000 and ordered to serve 14 days imprisonment if the fine is not paid.
6
Before B is imprisoned, B pays $600 of the fine. The cut-out rate is $71.42 and the
7
period for which B may be imprisoned is reduced to 5 days.
8
Example for subsection (2)(b)--
9
J owes SPER a total of $350 for an infringement notice offence and charges for which
10
J may be imprisoned for 6 days. Before J is imprisoned, J pays $110. If the cut-out
11
rate is $60, the period for which J may be imprisoned is 4 days.
(3) If a person who is imprisoned under an arrest and imprisonment 12
warrant wants to pay the balance of the unpaid amount stated in the warrant, 13
the balance is the amount worked out by multiplying the number of days 14
remaining to be served by the relevant cut-out rate. 15
16
Example for subsection (3)--
17
B is imprisoned for failing to pay a fine of $1000. After serving 5 days
18
imprisonment, B decides to pay the balance of the amount. If the cut-out rate is $60,
19
B must pay $660.
(4) On the satisfaction of the unpaid amount under this section, the 20
person's imprisonment ends and the person must be released. 21
of satisfaction of fines if enforcement debtor imprisoned 22
Order
121. If an enforcement debtor is imprisoned, the period of imprisonment 23
discharges the unpaid amount in the reverse order to the order of satisfaction 24
that would have applied under part 5, division 938 if the person had not been 25
imprisoned. 26
38 Part 5 (Civil enforcement), division 9 (Order of satisfaction of fines etc.)
s 122 76 s 122
State Penalties Enforcement
ART 7--GENERAL PROVISIONS ABOUT FINE 1
P
OPTION ORDERS 2
of fine option order 3
Requirements
122.(1) A fine option order must contain requirements that the person 4
(the "relevant person") named in the order-- 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 must be performed within 1 year, or another time allowed in the 23
order, after the making of the order (the "compliance period"). 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
(4) Also, a fine option order must be accompanied by a notice stating that 27
failure to comply with the order, or revocation of the order, may result in the 28
imprisonment of the relevant person or suspension of the person's driver 29
licence, or both. 30
s 123 77 s 125
State Penalties Enforcement
under fine option order 1
Directions
123. A direction given by an authorised corrective services officer under 2
a fine option order must, as far as practicable, avoid-- 3
(a) conflicting with the relevant person's religious beliefs; and 4
(b) interfering with any times during which the relevant person 5
usually works or attends a school or other educational or training 6
establishment; and 7
(c) interfering with the relevant person's family responsibilities. 8
of period of fine option order 9
Extension
124.(1) A relevant person or an authorised corrective services officer 10
may apply to the registrar for an extension of the compliance period. 11
(2) The application may only be made during the compliance period. 12
(3) The registrar may-- 13
(a) decide the application in the absence of the relevant person; and 14
(b) if satisfied it is reasonable in the circumstances to extend the 15
compliance period, extend the compliance period by not more 16
than 1 year. 17
service to be performed cumulatively 18
Community
125.(1) All community service required to be performed by a relevant 19
person under a fine option order under this Act is to be performed 20
cumulatively with any community service required to be performed under a 21
community service order or a fine option order made for the person by a 22
court under another Act. 23
(2) If 2 or more fine option orders that require a relevant person to 24
perform community service are in force at the same time, the community 25
service must be performed in the sequence in which the orders were made. 26
s 126 78 s 127
State Penalties Enforcement
of community service to be credited against fine etc. 1
Performance
126. If a relevant person performs community service under a fine option 2
order, the unpaid amount to which the fine option order relates is to be 3
reduced by an amount worked out by multiplying the hours of community 4
service performed by the cut-out rate for a fine option order. 5
and application of payments 6
Payments
127.(1) This section applies if, because of this Act, an enforcement order 7
is suspended on the making of a fine option order. 8
(2) Subject to subsection (3), and despite the suspension of the 9
enforcement order so far as it requires the payment of the unpaid amount 10
stated in the order, the fine or unpaid amount, or a part of either of them, 11
may be paid. 12
(3) The fine or other amount must be paid to SPER. 13
(4) If, after a fine option order is made, payment of part of the fine or 14
amount originally required to be paid is made, the payment must be applied 15
in accordance with part 5, division 9.39 16
(5) Also, if after a fine option order is made, a payment is applied to the 17
unpaid amount to which the fine option order relates, the payment reduces 18
the number of hours of community service remaining to be performed by 19
the relevant person under the order by the number obtained by dividing the 20
amount of the payment by the cut-out rate for a fine option order, expressed 21
in hours. 22
23
Example for subsection (5)--
24
When a fine option order was made the unpaid amount of the relevant fine was
25
$1 500. If the cut-out rate is $15, the number of hours community service to be
26
performed is 100 hours. If the person pays $150, the number of hours of community
27
service remaining to be performed is reduced by 10 hours.
(6) If the payment is intended to discharge the fine option order, the 28
payment must be accompanied by a certificate signed by an authorised 29
corrective services officer stating the number of hours community service 30
the relevant person has performed under the fine option order and the 31
amount payable to discharge the order. 32
39 Part 5 (Civil enforcement), division 9 (Order of satisfaction of fines etc.)
s 128 79 s 129
State Penalties Enforcement
to comply with fine option order 1
Failing
128.(1) If, while a fine option order is in force, an authorised corrective 2
services officer ("supervisor"), or a person authorised for the purposes of 3
this section by the chief executive (corrective services) (also a 4
"supervisor"), reasonably believes the relevant person has contravened a 5
requirement of the order, the supervisor may give the relevant person a 6
notice under this section requiring the relevant person to-- 7
(a) stop contravening the order; or 8
(b) give the supervisor a reasonable explanation for the contravention 9
within a stated time, of at least 5 days but not more than 14 days. 10
(2) The notice must-- 11
(a) be in the approved form; and 12
(b) state the particulars of the contravention; and 13
(c) state that failure to give a reasonable explanation for the 14
contravention may result in the fine option order being revoked 15
without notice to the person. 16
(3) A notice under subsection (1) may relate to 2 or more fine option 17
orders. 18
(4) If the supervisor is not satisfied a reasonable explanation has been 19
given within the stated time, the supervisor must give to SPER a fine option 20
order breach notice. 21
of fine option order 22
Revocation
129.(1) The registrar may revoke a fine option order for which the 23
registrar is given a fine option order breach notice if satisfied the relevant 24
person concerned has contravened the order without reasonable excuse. 25
(2) However, the registrar must not revoke a fine option order under 26
subsection (1) unless the registrar has first considered a report of the chief 27
executive (corrective services) stating-- 28
(a) how the relevant person has contravened the order; or 29
s 130 80 s 130
State Penalties Enforcement
(b) that the chief executive (corrective services) is satisfied the 1
relevant person can not perform work under the order or is 2
otherwise not suitable to be engaged in work under a fine option 3
order. 4
(3) When revoking a fine option order, the registrar may also revoke any 5
other fine option orders made against the relevant person. 6
(4) The registrar must give notice of the revocation to the relevant person 7
and may give the notice in the same way as for an enforcement order. 8
(5) The notice of revocation must state that the relevant person may apply 9
under section 130 within a stated reasonable time, of at least 14 days, for a 10
review of the decision to revoke the fine option order. 11
(6) The revocation of a fine option order does not take effect until the end 12
of the period for applying for a review of the decision to revoke the order or, 13
if the relevant person applies for a review under section 130, the end of the 14
day the relevant court registrar decides under that section not to reinstate the 15
fine option order. 16
(7) On the revocation of the fine option order taking effect under 17
subsection (6)-- 18
(a) the suspension of the relevant enforcement order ends; and 19
(b) the registrar may issue an enforcement warrant or an arrest and 20
imprisonment warrant for the enforcement debtor for the unpaid 21
amount stated in the fine option order breach notice. 22
of revocation of fine option order 23
Review
130.(1) A person dissatisfied by a decision under section 129 to revoke a 24
fine option order made for the person may, within the time stated in a notice 25
of revocation of the fine option order, apply in writing to the registrar of the 26
Magistrates Court ("relevant court registrar") nearest to the person's 27
residence for a review of the revocation. 28
(2) The application must state the reasons why the fine option order 29
should be reinstated. 30
(3) If the relevant person applies for a review of the decision to revoke 31
the fine option order, the operation of the revocation is suspended until the 32
application is decided. 33
s 131 81 s 132
State Penalties Enforcement
(4) If the relevant court registrar is satisfied the fine option order should 1
not have been revoked, the relevant court registrar may reinstate the fine 2
option order. 3
(5) The relevant court registrar may review a decision to revoke a fine 4
option order in the absence of, and without notice to, the applicant for the 5
review. 6
(6) A decision of the relevant court registrar on the review is final. 7
PART 8--RECIPROCAL ENFORCEMENT OF FINES 8
for pt 8 9
Definitions
131. In this part-- 10
"conviction" means a finding of guilt, or the acceptance of a plea of guilty, 11
by a court, whether before or after the commencement of this part, in a 12
proceeding for an offence, and includes an enforcement order or a 13
similar order under a law of another State. 14
"fine" includes an amount stated in an enforcement order or a similar order 15
under a law of another State. 16
"Queensland fine" means-- 17
(a) a fine payable under a conviction of a Queensland court; or 18
(b) an amount payable under an enforcement order under this Act. 19
"reciprocating court" means a court declared under section 132 to be a 20
reciprocating court for this Act. 21
"relevant officer" of a reciprocating court means the registrar, however 22
called, of the reciprocating court. 23
of reciprocating court 24
Declaration
132. If another State has laws providing for the enforcement in that State 25
of a Queensland fine, the Governor in Council may, under a regulation, 26
s 133 82 s 134
State Penalties Enforcement
declare a court that exercises criminal jurisdiction in the other State to be a 1
reciprocating court for this Act. 2
of Queensland fine by reciprocating court 3
Enforcement
133.(1) SPER may, on the registrar's initiative or on the request of the 4
registrar of a Queensland court, give to the relevant officer of the 5
reciprocating court a written request for the enforcement of a particular 6
Queensland fine in that State. 7
(2) An amount received from a reciprocating court in satisfaction of all or 8
part of a Queensland fine must be applied as if the amount had been paid to 9
SPER by the person by whom the fine was payable in satisfaction of all or 10
part of the fine. 11
(3) If, after a request is made under subsection (1), SPER receives an 12
amount in satisfaction of all or part of the fine from someone other than the 13
relevant officer of the reciprocating court to whom the request was made, 14
SPER must, as soon as practicable, notify the relevant officer of the amount 15
of the payment. 16
of fine imposed by reciprocating court 17
Enforcement
134.(1) This section applies if-- 18
(a) under a conviction of a reciprocating court, a fine is payable by a 19
person having or appearing to have property in Queensland; and 20
(b) SPER receives a written request from the relevant officer of the 21
reciprocating court for the enforcement of the fine; and 22
(c) the request is accompanied by-- 23
(i) a copy, certified by the relevant officer to be correct, of the 24
conviction, and 25
(ii) a certificate signed by the relevant officer stating the amount 26
of the fine that remains unpaid. 27
(2) The registrar must register the certified copy of the conviction and 28
write the date of registration on it. 29
(3) On registration of the conviction-- 30
s 135 83 s 135
State Penalties Enforcement
(a) the conviction is, for this part, taken to be a conviction of a 1
Queensland court; and 2
(b) the registrar must make an enforcement order under this Act for 3
the purpose of recovering the amount stated as unpaid in the 4
certificate relating to the conviction. 5
(4) If, after SPER receives a request under this section in relation to a fine 6
payable under a conviction of a reciprocating court, SPER receives a 7
notification from the relevant officer of the reciprocating court of payment 8
of an amount in satisfaction of all or part of the amount of the fine-- 9
(a) the registrar must register particulars of the payment; and 10
(b) the payment is, for the purposes of enforcement action under this 11
Act, taken to be a payment under an enforcement order made 12
under this section. 13
(5) The registrar must pay the amount of any fine recovered by the 14
registrar under the enforcement order into the consolidated fund, unless the 15
amount must be dealt with in another way under an agreement between the 16
Minister and the relevant Minister of the other State. 17
(6) A document that appears to have been signed by the relevant officer 18
of a reciprocating court is taken to have been signed by the relevant officer, 19
unless the contrary is proved. 20
PART 9--MISCELLANEOUS 21
1--Content of particular notices, orders and warrants 22
Division
certificate for infringement notice offence 23
Default
135. A default certificate for an infringement notice offence must be in 24
the approved form and state the following-- 25
(a) the full name and address of the person liable to pay the fine for 26
the offence; 27
(b) the offence; 28
s 136 84 s 136
State Penalties Enforcement
(c) an infringement notice was, on a stated day, served on the alleged 1
offender for the offence; 2
(d) for an infringement notice offence involving a vehicle, the amount 3
the administering authority paid to establish ownership of the 4
vehicle; 5
(e) before the certificate was given to SPER for registration, the 6
alleged offender did not-- 7
(i) pay to the administering authority the amount stated in the 8
notice as the unpaid amount for the offence; or 9
(ii) apply to the administering authority to pay the fine by 10
instalments; or 11
(iii) give to the administering authority a written election to have 12
the matter of the offence decided in a Magistrates Court; 13
(f) a proceeding has not been started against the alleged offender for 14
the offence; 15
(g) a proceeding against the alleged offender for the offence has not 16
been withdrawn under section 28;40 17
(h) anything else prescribed under a regulation. 18
payment notice 19
Instalment
136. A notice of registration of instalment payments ("instalment 20
payment notice") must be in the approved form and state the following-- 21
(a) the full name and address of the person liable to pay the 22
instalments; 23
(b) the offence; 24
(c) the unpaid amount; 25
(d) the amount to be paid for each instalment; 26
(e) when each instalment must be paid and how it is to be paid; 27
40 Section 28 (Administering authority may withdraw infringement notice)
s 137 85 s 137
State Penalties Enforcement
(f) if instalment payments are not made as required, the registrar may 1
cancel the instalment payment notice without further notice; 2
(g) if the instalment payment notice is cancelled and an enforcement 3
order has not been made-- 4
(i) an enforcement order may be made against the person for 5
the unpaid amount; and 6
(ii) a registration fee prescribed under a regulation will be added 7
to the unpaid amount; 8
(h) if an instalment payment notice issued after the making of an 9
enforcement order is cancelled-- 10
(i) an enforcement warrant, a fine collection notice or an arrest 11
and imprisonment warrant may be issued against the person 12
for the unpaid amount; and 13
(ii) a registration fee or, if relevant, the civil enforcement fee, 14
will be added to the unpaid amount; and 15
(iii) the person's driver licence, if the person holds one, may be 16
suspended without further notice; 17
(i) anything else prescribed under a regulation. 18
order 19
Enforcement
137.(1) An enforcement order must be in the approved form and state the 20
following-- 21
(a) the full name and address of the person against whom it is 22
intended to enforce the order; 23
(b) if relevant, the offence; 24
(c) if the enforcement order relates to an infringement notice--the 25
infringement notice number; 26
(d) the amount owing; 27
(e) that the person must, within 28 days after the date of the order-- 28
(i) pay the amount stated in the order in full to SPER; or 29
s 137 86 s 137
State Penalties Enforcement
(ii) apply to SPER for an extension of time to pay the amount 1
stated in the order; or 2
(iii) if the amount is at least the threshold amount, apply to SPER 3
in the approved form for approval to pay the amount by 4
instalments of not less than the minimum instalment; or 5
(iv) if no fine option order has been made for the amount, apply 6
to SPER for conversion of the amount to hours of unpaid 7
community service under a fine option order; or 8
(v) if the order relates to an infringement notice offence, give to 9
the administering authority an election to have the matter of 10
the offence decided in a Magistrates Court; or 11
(f) that if the person does not take action under paragraph (e), the 12
registrar may-- 13
(i) issue an enforcement warrant authorising an enforcement 14
officer to seize and sell real and personal property in which 15
the person has a legal or beneficial interest, to satisfy the 16
amount unpaid and the civil enforcement fee; or 17
(ii) issue a fine collection notice for the redirection of all or part 18
of a debt owed to the person or for the regular redirection of 19
all or part of a regular debt, including regular redirection 20
from a financial institution account, and the civil enforcement 21
fee; or 22
(iii) issue a fine collection notice for the redirection of the 23
person's earnings and the civil enforcement fee; or 24
(iv) issue an enforcement warrant imposing a charge on 25
property, for example, annuities, debentures, stocks and 26
other property and the civil enforcement fee; or 27
(v) issue an arrest and imprisonment warrant for the person for 28
the period stated in the enforcement order; 29
(g) that the person's driver licence, if the person holds one, may be 30
suspended until the amount is paid or otherwise discharged or the 31
person may be prevented from applying for or obtaining a driver 32
licence; 33
s 138 87 s 139
State Penalties Enforcement
(h) that if an enforcement officer returns an enforcement warrant to 1
seize and sell property of an individual because the amount unpaid 2
and the civil enforcement fee can not be satisfied under the 3
warrant, the registrar may issue an arrest and imprisonment 4
warrant for the person for the period stated in the enforcement 5
order; 6
(i) that if the total amount owing is at least $1 000, the registrar may 7
also register with the registrar of titles, or any other person 8
required or permitted to keep a register about dealing with 9
property, an interest in land or in any other property, for example, 10
a motor vehicle for the amount outstanding. 11
(2) The enforcement order must also state that the enforcement debtor 12
may, within 28 days after the date of the order, contact SPER for assistance 13
to decide whether alternative arrangements can be made for payment or 14
discharge of the amount 15
accompanying a fine option order 16
Notice
138. For section 122(4),41 a notice accompanying a fine option order 17
must be in the approved form and state that failure to comply with the order, 18
or revocation of the order, may result in the driver licence of the alleged 19
offender being suspended or the imprisonment of the alleged offender or 20
both. 21
option order breach notice 22
Fine
139. A notice ("fine option order breach notice") for enforcing a fine 23
converted to a fine option order must be in the approved form and state the 24
following-- 25
(a) the full name and address of the person ordered to perform 26
unpaid community service under the order; 27
(b) the offence; 28
(c) if relevant, the infringement notice number; 29
41 Section 122 (Requirements of fine option order)
s 140 88 s 142
State Penalties Enforcement
(d) how many hours of unpaid community service the person 1
performed under the order; 2
(e) the total amount owing because the person did not comply with 3
the fine option order. 4
warrant to seize and sell property 5
Enforcement
140. An enforcement warrant to seize and sell property must include the 6
following-- 7
(a) the full name and address of the enforcement debtor; 8
(b) if relevant, the offence; 9
(c) if the enforcement warrant relates to an infringement notice-- 10
(i) the infringement notice number; and 11
(ii) if the infringement notice is for an infringement notice 12
offence involving a vehicle, the enforcement debtor's 13
customer reference number; 14
(d) the amount owing. 15
warrant imposing a charge on property 16
Enforcement
141. An enforcement warrant imposing a charge on property must, in 17
addition to the details required under section 140, include the following-- 18
(a) a description of the charged property; 19
(b) the name of the person who issued or administers the charged 20
property; 21
(c) anything else prescribed under a regulation. 22
collection notice for regular redirection of earnings 23
Fine
142. A fine collection notice for regular redirection of earnings must 24
include the following-- 25
(a) the full name and address of the enforcement debtor; 26
s 143 89 s 144
State Penalties Enforcement
(b) the name of the enforcement debtor's employer who must deduct 1
amounts from the enforcement debtor's earnings; 2
(c) the total amount the enforcement debtor's employer must deduct 3
from the enforcement debtor's earnings; 4
(d) the amount the enforcement debtor's employer must deduct each 5
pay day from the enforcement debtor's earnings; 6
(e) a requirement that the enforcement debtor's employer must give 7
the deducted amount to SPER; 8
(f) the protected earnings amount; 9
(g) anything else prescribed under a regulation. 10
collection notice for redirection of a debt 11
Fine
143. A fine collection notice for redirection of a debt belonging to an 12
enforcement debtor from a third person must include the following-- 13
(a) the full name and address of the enforcement debtor; 14
(b) the full name and address of the third person; 15
(c) details of the debt that is to be redirected; 16
(d) the debt is redirected in the hands of the third person to SPER to 17
the extent stated in the notice; 18
(e) that the third person must give the redirected amount to SPER; 19
(f) the effect of sections 95(3) and 96;42 20
(g) anything else prescribed under a regulation. 21
collection notice for regular redirection from financial institution 22
Fine
account 23
144. A fine collection notice for regular redirection must, in addition to 24
any other details required to be stated in the notice, include the following-- 25
(a) the full name and address of the enforcement debtor; 26
42 Sections 95 (Access to premises etc.) and 96 (Application of amounts paid or
credited if 2 or more debts due)
s 145 90 s 146
State Penalties Enforcement
(b) the name of the financial institution that must deduct amounts 1
from a regular debt; 2
(c) details of the enforcement debtor's financial institution account 3
from which the deduction is to be made; 4
(d) the total amount the financial institution must deduct from the 5
enforcement debtor's account; 6
(e) the amount the financial institution must deduct each time a 7
regular deposit is made to the account; 8
(f) that the financial institution must give the deducted amount to 9
SPER; 10
(g) anything else prescribed under a regulation. 11
of intention to suspend driver licence 12
Notice
145. A notice of intention to suspend a driver licence must be in the 13
approved form and state-- 14
(a) that if the person does not pay the amount stated in the notice 15
within 14 days after the date of issue of the notice and the person 16
has a driver licence-- 17
(i) the driver licence will be suspended until the amount owing 18
is paid or otherwise discharged; and 19
(ii) some or all of the enforcement procedures mentioned in the 20
enforcement order may be taken against the person; and 21
(b) it is an offence against the Transport Operations (Road Use 22
Management) Act 1995 to drive a vehicle while the person's 23
driver licence is suspended under this Act and the penalty for the 24
offence. 25
and imprisonment warrant 26
Arrest
146. An arrest and imprisonment warrant must be in the approved form 27
and state the following-- 28
(a) the full name and address of the enforcement debtor; 29
(b) the amount owing; 30
s 147 91 s 148
State Penalties Enforcement
(c) for a fine--the offence for which the amount became payable; 1
(d) for an amount owing because of an order of a court--the original 2
order of the court to which the amount relates; 3
(e) for a vehicle related offence--the enforcement debtor's customer 4
reference number and date of birth; 5
(f) the period for which the enforcement debtor is to be imprisoned; 6
(g) that if the enforcement debtor pays part of the amount owing after 7
the person is imprisoned, the period for which the person may be 8
imprisoned will be reduced. 9
Division 2--Other enforcement related provisions 10
of notices, orders and warrants 11
Effect
147. For this Act, a fine collection notice, an enforcement order or a 12
warrant issued by the registrar or staff of the registry mentioned in section 13
1143 is taken to be a notice, order or warrant of the Central Brisbane division 14
of the Brisbane Magistrates Courts district. 15
transmission of particular documents 16
Electronic
148.(1) A notice, order or warrant, or any document under this Act 17
containing information or a request for information, that is required or 18
permitted by this Act to be given by someone to someone else may be 19
transmitted electronically to the person or entity to whom it is to be given or 20
directed. 21
(2) For serving a notice or enforcing an enforcement warrant that is 22
transmitted electronically, the enforcement officer to whom it is transmitted 23
must arrange for a copy of the notice or warrant to be converted into written 24
form, and to be completed in the way required under a regulation. 25
43 Section 11 (Management of office)
s 149 92 s 150
State Penalties Enforcement
costs and their allocation 1
Enforcement
149.(1) A regulation may prescribe the enforcement costs payable for 2
any step taken for enforcing payment of a fine, penalty or another amount 3
under this Act. 4
(2) If no enforcement costs are prescribed, no enforcement costs are 5
payable. 6
(3) The amount prescribed as enforcement costs may include costs 7
payable to an entity other than SPER that takes the step. 8
cheques etc. 9
Dishonoured
150.(1) This section applies if full or part payment of a fine or another 10
amount payable under this Act is made-- 11
(a) by cheque, and the cheque is dishonoured on presentation; or 12
(b) by credit, card and the credit provider declines to authorise the 13
payment; or 14
(c) by direct debit from an account held with a financial institution, 15
and the financial institution can not comply with the transfer 16
request because there is not enough money in the account; or 17
(d) in another electronic way acceptable to SPER and the way of 18
making the payment is not successful. 19
(2) Payment is taken not to have been made-- 20
(a) if the payment is made by cheque, until-- 21
(i) the cheque is honoured on presentation; or 22
(ii) payment in cash or in another way acceptable to the 23
administering authority or to SPER is made in place of the 24
cheque; or 25
(b) in any other case--payment is made in cash or in another way 26
acceptable to SPER. 27
s 151 93 s 152
State Penalties Enforcement
from commissioner of police service 1
Information
151.(1) The commissioner of the police service may, on the registrar's 2
written request, give to the registrar information in the possession of the 3
police service about a stated person for the purposes of the registrar taking 4
action against the person to enforce payment of an amount under this Act. 5
(2) The information that may be given is-- 6
(a) the person's criminal history; and 7
(b) any address known to the commissioner; and 8
(c) any assets of the person known to the commissioner. 9
(3) Information given to the registrar under this section must only be 10
used for the purposes of this Act. 11
(4) This section applies subject to the Police Powers and Responsibilities 12
Act 1997, part 12A.44 13
from entities other than police service 14
Information
152.(1) For enforcing this Act, the registrar may ask a State entity, or a 15
local government, prescribed under a regulation to give the registrar 16
information about the current and any previous address of a stated person as 17
shown in any records kept by the entity or local government. 18
(2) The entity or local government must give the information to the 19
registrar as soon as practicable after receiving the request, unless the entity 20
reasonably suspects disclosing the information is likely to endanger the 21
person's safety. 22
(3) Subsection (2) does not apply to the police service. 23
(4) A person who gains knowledge of the information because of the 24
person's involvement in the administration of this Act must not disclose the 25
information to anyone else, other than-- 26
(a) for the purposes of this Act; or 27
(b) under the express authority of another Act. 28
Maximum penalty--40 penalty units or 18 months imprisonment. 29
44 Police Powers and Responsibilities Act 1997, part 12A (Registers)
s 153 94 s 153
State Penalties Enforcement
(5) A person to whom information is disclosed under subsection (4) 1
must not disclose the information to anyone else, other than-- 2
(a) for the purposes of this Act; or 3
(b) under the express authority of another Act. 4
Maximum penalty--40 penalty units or 18 months imprisonment. 5
(6) The registrar may also ask a person the registrar considers keeps 6
records under an Act relating to a matter the registrar reasonably requires for 7
completing registration of information required to be registered under this 8
Act or a notice, order or warrant under this Act to give to the registrar the 9
relevant particulars. 10
(7) The person must give the registrar the information as soon as 11
reasonably practicable after receiving the request. 12
(8) Subsections (2) and (7) have effect despite any other Act. 13
(9) In this section-- 14
"State entity" includes-- 15
(a) a department, service, agency, authority, commission, 16
corporation, instrumentality, board, office or other entity 17
established for a State government purpose; and 18
(b) a part of an entity mentioned in paragraph (a). 19
20
Register
153.(1) The registrar must keep a State penalties enforcement register. 21
(2) The register must include particulars of the following orders, notices 22
and warrants, any payments made and any enforcement action taken after 23
the issue by the registrar of any of the following-- 24
(a) an instalment payment notice; 25
(b) an enforcement order; 26
(c) a fine option order; 27
(d) an enforcement warrant to seize and sell personal property; 28
(e) an enforcement warrant imposing a charge on property; 29
s 154 95 s 155
State Penalties Enforcement
(f) a fine collection notice to deduct and redirect earnings of an 1
enforcement debtor; 2
(g) a fine collection notice for regular redirection from a financial 3
institution account; 4
(h) a fine collection notice to redirect all or part of a debt owed to an 5
enforcement debtor; 6
(i) a notice suspending a driver licence; 7
(j) an arrest and imprisonment warrant. 8
(3) The register must also include particulars of enforcement action taken 9
under part 8.45 10
fees payable for registration under other Acts 11
No
154. No fee is payable by SPER for-- 12
(a) lodging in a registry any order or instrument under this Act or any 13
instrument lodged to transfer property to the State under this Act; 14
or 15
(b) doing anything else for which registry fees are fixed. 16
17
Example of paragraph (b)--
18
If fees are fixed for register searches or copies of anything in a register, SPER is
19
not required to pay the fees.
decision 20
Non-reviewable
155.(1) This section applies to any of the following decisions (the 21
"decision")-- 22
(a) a decision of the chief executive (corrective services) about-- 23
(i) the suitability of a person to perform community service 24
work under a fine option order under section 48;46 or 25
45 Part 8 (Reciprocal enforcement of fines)
46 Section 48 (Assessment of suitability for fine option order)
s 155 96 s 155
State Penalties Enforcement
(ii) the failure of a person to comply with a fine option order 1
under this Act; or 2
(b) a decision of the registrar to refuse an application for instalment 3
payments under section 42;47 or 4
(c) a decision of the registrar to issue-- 5
(i) an enforcement order under section 38;48 or 6
(ii) an enforcement warrant under section 63;49 or 7
(iii) a fine collection notice under section 75;50 or 8
(iv) a notice of intention to suspend a driver licence under 9
section 105;51 or 10
(v) an arrest and imprisonment warrant under section 119;52 or 11
(d) a decision of the registrar to register an interest in land or property 12
under section 110;53 13
(e) a decision of the registrar to revoke a fine option order under 14
section 129;54 or 15
(f) a decision of a court registrar to refuse to cancel a revocation of a 16
fine option order under section 130.55 17
(2) The Judicial Review Act 1991, parts 3 and 456 does not apply to the 18
following matters-- 19
(a) conduct engaged in for the purpose of making the decision; 20
47 Section 42 (Application for time to pay)
48 Section 38 (Issue of enforcement order)
49 Section 63 (Issue of enforcement warrant)
50 Section 75 (Issue of fine collection notice)
51 Section 105 (Suspension of driver licence)
52 Section 119 (Enforcement by imprisonment)
53 Section 110 (Registration of interests)
54 Section 129 (Revocation of fine option order)
55 Section 130 (Review of revocation of fine option order)
56 Judicial Review Act 1991, part 3 (Statutory orders of review), part 4 (Reasons for
decision)
s 156 97 s 156
State Penalties Enforcement
(b) other conduct that relates to the making of the decision; 1
(c) the making of the decision; 2
(d) the decision. 3
(3) Without limiting subsection (2), the Supreme Court does not have 4
jurisdiction to hear and decide applications made to it under the Judicial 5
Review Act 1991, part 3 or 4 about matters mentioned in that subsection. 6
for acts or omissions of representatives 7
Responsibility
156.(1) This section applies in a proceeding for an offence against this 8
Act. 9
(2) If it is relevant to prove a person's state of mind about a particular act 10
or omission, it is enough to show-- 11
(a) the act was done or omitted to be done by a representative of the 12
person within the scope of the representative's actual or apparent 13
authority; and 14
(b) the representative had the state of mind. 15
(3) An act done or omitted to be done for a person by a representative of 16
the person within the scope of the representative's actual or apparent 17
authority is taken to have been done or omitted to be done also by the 18
person, unless the person proves-- 19
(a) if the person was in a position to influence the conduct of the 20
representative in relation to the act or omission--the person took 21
reasonable steps to prevent the act or omission; or 22
(b) the person was not in a position to influence the conduct of the 23
representative in relation to the act or omission. 24
(4) In this section-- 25
"representative" means-- 26
(a) for a corporation--an executive officer, employee or agent of the 27
corporation; or 28
(b) for an individual--an employee or agent of the individual. 29
s 157 98 s 157
State Penalties Enforcement
provisions 1
Evidentiary
157.(1) This section applies to a proceeding under this or another Act. 2
(2) A certificate purporting to be signed by or for an administering 3
authority and stating any of the following matters is evidence of the 4
matter-- 5
(a) a stated infringement notice was served in a stated way on a stated 6
person for a stated infringement notice offence; 7
(b) an alleged offender did not pay a fine as required under an 8
infringement notice; 9
(c) an alleged offender elected to have a matter of an offence decided 10
in a Magistrates Court; 11
(d) an alleged offender applied to the administering authority to pay 12
the fine under an infringement notice by instalments; 13
(e) an infringement notice has not been withdrawn or was withdrawn 14
on a stated date; 15
(f) an offence stated in an infringement notice involved a stated 16
vehicle or animal; 17
(g) a stated person owned a stated vehicle or animal at a stated time; 18
(h) a stated person owned a stated animal at a stated time; 19
(i) a stated address is the latest address of the owner of a stated 20
vehicle in the record of registration of vehicles under a registration 21
Act; 22
(j) a stated person has or has not given the administering authority an 23
illegal user declaration, known or unknown user declaration or 24
sold vehicle declaration for an offence stated in an infringement 25
notice; 26
(k) a fine has not been paid by, and a penalty has not been imposed 27
on, a stated or any person for an offence stated in an infringement 28
notice. 29
(3) A certificate purporting to be signed by the registrar and stating any of 30
the following matters is evidence of the matter-- 31
s 158 99 s 159
State Penalties Enforcement
(a) stated information or particulars were registered under the Act on 1
a stated day; 2
(b) a stated amount was paid to SPER on a stated day to satisfy all or 3
a stated part of a stated amount owing under a stated notice, order 4
or warrant; 5
(c) a stated person applied to SPER to pay the fine under an 6
infringement notice by instalments; 7
(d) a stated person applied to SPER for conversion of an amount 8
payable because of a fine to hours of unpaid community service 9
under a fine option order; 10
(e) a stated fine option order relating to a stated person was revoked 11
on a stated day; 12
(f) a warrant to arrest and imprison a stated person was issued under 13
this Act on a stated day; 14
(g) a stated document was issued on a stated day. 15
of document 16
Service
158.(1) A document may be served under this Act as provided for under 17
the Acts Interpretation Act 1954, part 10. 18
(2) For the Acts Interpretation Act 1954, part 10, an instalment payment 19
notice, a fine collection notice or a fine option order may be posted to the 20
person at the address stated in particulars registered under this Act. 21
for offences 22
Proceedings
159. A proceeding for an offence against this Act may be taken by way 23
of summary proceedings under the Justices Act 1886-- 24
(a) within 1 year after the commission of the offence; or 25
(b) within 6 months after the commission of the offence comes to the 26
complainant's knowledge, but within 2 years after the 27
commission of the offence. 28
s 160 100 s 164
State Penalties Enforcement
Division 3--General 1
by administering authority 2
Delegation
160. The chief executive officer of an administering authority may 3
delegate the administering authority's powers under this Act to an 4
appropriately qualified person. 5
by registrar 6
Delegation
161.(1) The registrar may delegate the registrar's powers under this Act 7
to an appropriately qualified person. 8
(2) Without limiting subsection (1), the registrar may delegate the 9
registrar's powers to engage a commercial agent as an enforcement officer 10
to a bailiff. 11
of forms by administering authority 12
Approval
162. An administering authority may approve forms for use as 13
infringement notices under this Act. 14
of other forms 15
Approval
163.(1) The chief executive may approve forms for use under this Act. 16
(2) The forms the chief executive may approve under subsection (1) do 17
not include forms for use as infringement notices by an administering 18
authority other than the department. 19
of Act 20
Review
164. The Minister must ensure the operation of this Act is reviewed 21
within 18 months after the end of the amnesty period mentioned in 22
section 167. 23
s 165 101 s 166
State Penalties Enforcement
power 1
Regulation-making
165.(1) The Governor in Council may make regulations under this Act. 2
(2) A regulation may prescribe an offence to be an infringement notice 3
offence. 4
(3) A regulation may prescribe an infringement notice fine for an 5
infringement notice offence. 6
(4) For a camera-detected offence under the Transport Operation (Road 7
Use Management) Act 1995, a regulation may prescribe an infringement 8
notice fine for a corporation up to 5 times the amount payable by an 9
individual for the offence under an infringement notice. 10
(5) Also, a regulation may make provision for enforcing enforcement 11
orders, enforcement warrants and fine collection notices including, but not 12
limited to-- 13
(a) the conduct of hearings or interviews for enabling the registrar to 14
obtain information to facilitate the enforcement of fines, penalties 15
and other amounts under enforcement orders, enforcement 16
warrants and fine collection notices; and 17
(b) requiring enforcement debtors to prepare and give to the registrar 18
statements of the enforcement debtor's financial position; and 19
(c) the property that may not be seized under an enforcement warrant; 20
and 21
(d) the sale of property seized under an enforcement warrant, the 22
order in which the property may be sold, and when and how the 23
property may be sold; and 24
(e) accounting for the proceeds of a sale of property seized under an 25
enforcement warrant; and 26
(f) the order of priority for enforcing enforcement warrants. 27
amended 28
Acts
166. Schedule 1 amends each Act it mentions. 29
s 167 102 s 168
State Penalties Enforcement
ART 10--TRANSITIONAL PROVISIONS 1
P
period 2
Amnesty
167.(1) During the amnesty period, a warrant of commitment issued 3
under-- 4
(a) the Justices Act 1886 for an infringement notice offence under the 5
Justices Act 1886, part 4A; or 6
(b) the Penalties and Sentences Act 1992 for non-payment of a fine 7
imposed under that Act; 8
but not enforced before the amnesty period started ("outstanding 9
warrant") must not be enforced. 10
(2) Also, during the amnesty period a person may satisfy an outstanding 11
warrant by paying the amount stated in the warrant free of any warrant issue 12
fee mentioned in the warrant. 13
(3) Subsection (1) does not apply to the enforcement of a warrant of 14
commitment for a person who is a prisoner within the meaning of the 15
Corrective Services Act 1988. 16
(4) This section has effect despite anything to the contrary in the Justices 17
Act 1886 or any other Act. 18
(5) In this section-- 19
"amnesty period" means a 2 month period commencing on the 20
commencement of this section or, if a longer period is prescribed 21
under a regulation, the longer period. 22
of infringement notice 23
Saving
168. An infringement notice issued under the Justices Act 1886, part 4A 24
as in force before the commencement of section 167 is taken to be an 25
infringement notice issued under this Act, and the penalty stated in the 26
infringement notice is taken to be a fine under the notice. 27
s 169 103 s 170
State Penalties Enforcement
of enforcement orders 1
Saving
169.(1) This section applies to enforcement orders issued under the 2
Justices Act 1886, section 98O for an existing penalty and in force 3
immediately before the commencement of this section. 4
(2) Each enforcement order continues to have effect until the registrar 5
issues an enforcement order under subsection (3) or an enforcement warrant 6
or fine collection notice under subsection (5). 7
(3) As soon as practicable after the commencement of this section, the 8
registrar must issue an enforcement order under this Act for each 9
infringement notice to which an enforcement order mentioned in 10
subsection (1) relates. 11
(4) Subsection (3) does not apply to an enforcement order that is 12
amended under the Justices Act 1886, section 98R. 13
(5) If a person contravenes an enforcement order mentioned in 14
subsection (4), the registrar may issue an enforcement warrant or fine 15
collection notice for the amount unpaid under the order. 16
of infringement notices by local governments 17
Issue
170.(1) Despite the repeal of the Justices Act 1886, part 4A, a local 18
government may continue to issue an infringement notice that complies 19
with that Act for a period ending 6 months after the commencement of this 20
section. 21
(2) However, the local government must at the same time issue a notice 22
in the approved form to the alleged offender stating-- 23
(a) the infringement notice will be enforced as if it is was issued 24
under this Act; and 25
(b) the rights and obligations of the alleged offender under 26
section 22.57 27
(3) The infringement notice may be enforced as if it were an infringement 28
notice issued under this Act. 29
57 Section 22 (Ways alleged offender may deal with infringement notice)
s 171 104 s 172
State Penalties Enforcement
warrant of commitment 1
Existing
171.(1) If a warrant of commitment issued against a person under the 2
Justices Act 1886 or the Penalties and Sentences Act 1992 for non-payment 3
of an amount that may be registered under this Act was not enforced before 4
the commencement of this section, the registrar may, despite the relevant 5
Act, recall the warrant and cancel it. 6
(2) If, at the end of the amnesty period the amount has not been paid, the 7
SPER registrar-- 8
(a) may issue an enforcement order under this Act for the amount 9
stated in the cancelled warrant; but 10
(b) is not required to serve a copy of the enforcement order on the 11
person or to give the person any further time to pay the amount 12
before taking enforcement action under part 5 or 6.58 13
(3) The registrar may take enforcement action under this Act for the 14
amount at any time after the order is made. 15
fine option order 16
Existing
172.(1) A fine option order made for a person on an application under the 17
Justices Act 1886, section 98U and in force immediately before the 18
commencement of this section is taken to be a fine option order made under 19
this Act. 20
(2) If the fine option order is revoked, the registrar-- 21
(a) may issue an enforcement warrant or a fine collection notice 22
under this Act for the amount concerned; but 23
(b) is not required to serve a copy of the warrant or notice on the 24
person. 25
(3) The registrar may take enforcement action under this Act at any time 26
after the fine option order is revoked. 27
58 Part 5 (Civil enforcement) or part 6 (Imprisonment)
105
State Penalties Enforcement
SCHEDULE 1 1
¡
CTS AMENDED 2
A
section 166 3
AIL ACT 1980 4
´B
1. Section 32(2)-- 5
omit. 6
2. Section 32(1A)-- 7
renumber as section 32(2). 8
3. After section 32-- 9
insert-- 10
`Order for payment of amount under forfeited undertaking 11
`32A.(1) A court that orders the payment of an amount under section 32 12
for which there is a surety must also order-- 13
(a) that the surety pay the amount undertaken by the surety to be paid 14
on the forfeiture of the undertaking to the proper officer of the 15
court immediately or within the time or by the instalments stated 16
in the order; and 17
(b) that in default of payment of the amount, the surety be imprisoned 18
for the term, of not more than 2 years, stated in the order. 19
106
State Penalties Enforcement
SCHEDULE 1 (continued)
`(2) If all or part of the amount remains unpaid after the time allowed by 1
the court, the proper officer may register the amount under the State 2
Penalties Enforcement Act 1999, section 34.59 3
`Variation or revocation of order forfeiting bail undertaking 4
`32B.(1) If a court orders a defendant or a surety to pay an amount under 5
section 32 or 32A, the defendant or the surety may apply in the approved 6
form to the court that made the order or, for a Magistrates Court, any 7
magistrate, for an order revoking or varying the order. 8
`(2) The application-- 9
(a) may only be made on the ground that, having regard to all the 10
circumstances, it would be against the interests of justice to 11
require the person to pay the amount ordered to be paid; and 12
(b) must be made within 28 days after the relevant undertaking is 13
forfeited or the longer time the court allows for payment of the 14
amount; and 15
(c) must briefly state the circumstances relied on; and 16
(d) must be filed with the proper officer of the court and served, at 17
least 14 days before the date set for the hearing of the application, 18
on the complainant or, for an undertaking entered into after an 19
indictment is presented, whoever of the following is relevant-- 20
(i) the State crown solicitor; 21
(ii) for an offence against a law of the Commonwealth, the 22
Australian Government Solicitor in Queensland. 23
`(3) Despite subsection (2)(b), if the undertaking was forfeited in the 24
absence of the defendant, an application may be made within 28 days after 25
the order comes to the notice of the applicant. 26
`(4) At any time after the application is filed, the applicant may apply to 27
the court for a stay of proceedings to which the application relates. 28
59 State Penalties Enforcement Act 1999, section 34 (Default in paying fine, penalty
or other amount under court order)
107
State Penalties Enforcement
SCHEDULE 1 (continued)
`(5) The court may grant the stay and do any of the following-- 1
(a) direct the return of any unenforced warrant; 2
(b) postpone the issue of a warrant; 3
(c) stay the enforcement of any warrant until the application is 4
decided. 5
`(6) Also, the court may hear the application earlier than 14 days after 6
service of the application if the parties consent to the earlier hearing. 7
`(7) The court must decide the application and may-- 8
(a) vary the order; or 9
(b) revoke the order; or 10
(c) refuse the application.'. 11
4. After section 37-- 12
insert-- 13
`PART 5--TRANSITIONAL PROVISIONS 14
`Transitional provisions for State Penalties Enforcement Act 1999 15
`38.(1) This section applies if, on the commencement of this section, a 16
surety has not paid an amount under an order under the Crown Proceedings 17
Act 1980, section 14 (the "repealed law"). 18
`(2) Despite the repeal of the repealed law, the following provisions have 19
effect-- 20
(a) the order continues to have effect as if it were an order made 21
under section 32A of this Act; 22
(b) any amount that has not been paid under the order continues to be 23
payable until it is paid or otherwise satisfied; 24
108
State Penalties Enforcement
SCHEDULE 1 (continued)
(c) despite the repeal of the Crown Proceedings Act 1980, section 15, 1
an application may be made under section 32B as if the order 2
forfeiting the recognisance or made against the surety were an 3
order under section 32A; 4
(d) any warrant that has not been enforced may be enforced according 5
to its terms as if the repealed law had not been repealed; 6
(e) any proceeding commenced before the repeal for an order under 7
the repealed law may be continued as if it were a proceeding for 8
an order under section 32A.'. 9
CROWN PROCEEDINGS ACT 1980 10
´
1. Sections 1318-- 11
omit. 12
ELECTORAL ACT 1992 13
´
1. Section 125A(2), definition "proceeding", `Justices Act 1886, 14
part 4A'-- 15
omit, insert-- 16
`State Penalties Enforcement Act 1999'. 17
UDICIAL REVIEW ACT 1991 18
´J
1. Schedule 1, part 1-- 19
insert-- 20
`6A. State Penalties Enforcement Act 1999, section 155.'. 21
109
State Penalties Enforcement
SCHEDULE 1 (continued)
USTICES ACT 1886 1
´J
1. Part 4A-- 2
omit. 3
2. Section 266(2)(c)-- 4
omit. 5
JUVENILE JUSTICE ACT 1992 6
´
1. Section 55(2)-- 7
omit. 8
AND TITLE ACT 1994 9
´L
1. Schedule 2, definition "enforcement warrant"-- 10
omit, insert-- 11
` "enforcement warrant" means an enforcement warrant under-- 12
(a) the Supreme Court Act of Queensland 1991, section 93A; or 13
(b) the State Penalties Enforcement Act 1999, section 63.'. 14
LOCAL GOVERNMENT ACT 1993 15
´
1. Section 3, definitions "infringement notice" and "infringement 16
notice offence"-- 17
omit, insert-- 18
110
State Penalties Enforcement
SCHEDULE 1 (continued)
` "infringement notice", for an infringement notice offence, means an 1
infringement notice under the State Penalties Enforcement Act 1999. 2
"infringement notice offence" means an offence prescribed under the State 3
Penalties Enforcement Act 1999 to be an infringement notice offence.'. 4
ENALTIES AND SENTENCES ACT 1992 5
´P
1. Section 5(1)(a)-- 6
omit, insert-- 7
`(a) for the State Penalties Enforcement Act 1999 or an infringement 8
notice under that Act--$75; or'. 9
2. After section 39-- 10
insert-- 11
`Other orders available on failure to comply 12
`39A. On an appearance by an offender under section 39(2), if the court 13
considers the order of imprisonment should not be enforced against the 14
offender, the court may-- 15
(a) accept payment of the amount ordered in full; or 16
(b) if the offender has not been paying the amount by instalments, 17
order that the unpaid amount be paid by instalments; or 18
(c) cause the proper officer to register the prescribed particulars of the 19
unpaid amount under the State Penalties Enforcement Act 1999.'. 20
3. Section 41, `compensation'-- 21
omit, insert-- 22
`an amount'. 23
111
State Penalties Enforcement
SCHEDULE 1 (continued)
4. After section 33-- 1
insert-- 2
`Division 3A--Provisions relating to forfeited recognisances 3
`Order for payment of amount under forfeited recognisance 4
`33A.(1) A court must, on the forfeiture of a recognisance, order-- 5
(a) that the amount stated in the recognisance be paid to the proper 6
officer of the court by the offender or surety liable to pay the 7
amount, 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 be 10
imprisoned for the term, of not more than 2 years, stated in the 11
order. 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 State 14
Penalties Enforcement Act 1999, section 34.60 15
`Variation or revocation of order forfeiting recognisance 16
`33B.(1) If a court orders an offender or a surety to pay an amount under 17
section 33A, the offender or surety may apply in the approved form to the 18
court that made the order or, for a Magistrates Court, any magistrate for an 19
order revoking or varying the order. 20
`(2) The application-- 21
(a) may only be made on the ground that having regard to all the 22
circumstances it would be against the interests of justice to require 23
the person to pay the amount ordered to be paid; and 24
(b) must be made within 28 days after the relevant recognisance is 25
forfeited or the longer time the court allows for payment of the 26
amount; and 27
60 Section 34 (Default in paying fine, penalty or other amount under court order)
112
State Penalties Enforcement
SCHEDULE 1 (continued)
(c) must briefly state the circumstances relied on; and 1
(d) must be filed with the proper officer of the court and served, at 2
least 14 days before the date set for the hearing of the application 3
on the complainant or, for a recognisance entered into after an 4
indictment is presented, whoever of the following is relevant-- 5
(i) the State crown solicitor; 6
(ii) for an offence against a law of the Commonwealth, the 7
Australian Government Solicitor in Queensland. 8
(3) Despite subsection (2)(b), if the recognisance was forfeited in the 9
absence of an offender, the application must be made within 28 days after 10
the order comes to the notice of the applicant. 11
`(4) At any time after the application is filed, the applicant may apply to 12
the court for a stay of proceedings to which the application relates. 13
`(5) The court may grant the stay and do any of the following-- 14
(a) direct the return of any unenforced warrant; 15
(b) postpone the issue of a warrant; 16
(c) stay the enforcement of any warrant until the application is 17
decided. 18
`(6) Also, the court may hear the application earlier than 14 days after 19
service of the application if the parties consent to the earlier hearing. 20
`(7) The court must decide the application and may-- 21
(a) vary the order; or 22
(b) revoke the order; or 23
(c) refuse the application.'. 24
5. Section 56-- 25
omit. 26
113
State Penalties Enforcement
SCHEDULE 1 (continued)
6. Section 56A(5)-- 1
renumber as section 56A(6). 2
7. Section 56A(3) and (4)-- 3
omit, insert-- 4
`(3) The application can not be made after a warrant of commitment has 5
been issued on the original order. 6
`(4) The offender can not make an application under this section if the 7
offender has made an application under section 53 or 55. 8
`(5) The application lapses if the offender makes an application to the 9
court under section 53 or 55.'. 10
8. Section 58(1)(c) and (2)(c), `worse'-- 11
omit, insert-- 12
`significantly worse'. 13
9. Section 59(1), 60(3) and 85(1), `56 or'-- 14
omit. 15
10. Section 62(4)(b), after `fine option order'-- 16
insert-- 17
`under section 60'. 18
11. Section 70, after `for the offender'-- 19
insert-- 20
`under section 60'. 21
114
State Penalties Enforcement
SCHEDULE 1 (continued)
12. Section 74-- 1
omit, insert-- 2
`Failing to comply with a requirement of an order 3
`74.(1) This section applies if, while a fine option order is in force for an 4
offender, an authorised corrective service officer (a "supervisor"), or a 5
person authorised for the purpose of this section by the chief executive 6
(corrective services) (also a "supervisor"), reasonably believes the offender 7
has contravened a requirement of the order. 8
`(2) The supervisor may give the offender a notice under this section 9
requiring the offender-- 10
(a) to stop contravening the order; or 11
(b) to give the supervisor a reasonable explanation for the 12
contravention within a stated time, of at least 5 days but not more 13
than 14 days. 14
`(3) The notice must-- 15
(a) be in the approved form; and 16
(b) state the particulars of the contravention; and 17
(c) state that failure to give a reasonable explanation for the 18
contravention may result in the fine option order being revoked 19
without notice to the person. 20
`(4) A notice under subsection (2) may relate to 2 or more fine option 21
orders. 22
`(5) If the supervisor is satisfied no reasonable explanation has been 23
given within the stated time, the supervisor may apply to the proper officer 24
for an order under subsection (7). 25
`(6) The proper officer may decide the application in the absence of the 26
offender. 27
`(7) If satisfied the offender has contravened the fine option order without 28
reasonable excuse, the proper officer may, by order-- 29
(a) extend or further extend the 1 year or other time mentioned in 30
section 66(2); or 31
115
State Penalties Enforcement
SCHEDULE 1 (continued)
(b) revoke all fine option orders made for the offender and issue a 1
warrant for the arrest and imprisonment of the offender for the 2
term ordered by the court; or 3
(c) give to the registrar under the State Penalties Enforcement Act 4
1999, for registration, the prescribed particulars under that Act of 5
the unpaid amount of the penalty. 6
`(8) The proper officer must give notice of the revocation of the fine 7
option order to-- 8
(a) the offender; and 9
(b) if relevant, the court, or the proper officer of the court, that made 10
the fine option order.'. 11
13. Section 75-- 12
omit. 13
14. Section 76, heading, `Court'-- 14
omit, insert-- 15
`Proper officer'. 16
15. Section 76, `court'-- 17
omit, insert-- 18
`proper officer'. 19
16. Section 76, `it'-- 20
omit, insert-- 21
`the proper officer'. 22
116
State Penalties Enforcement
SCHEDULE 1 (continued)
17. Section 77-- 1
omit. 2
18. Section 78(1), `court'-- 3
omit, insert-- 4
`proper officer'. 5
19. Section 78(2)-- 6
omit. 7
20. Section 85(2)(a), `25 business days'-- 8
omit, insert-- 9
`1 calendar month'. 10
21. Section 88(1)(e), `74(4)(b)'-- 11
omit, insert-- 12
`74'. 13
22. Section 182B-- 14
omit. 15
23. Section 185A-- 16
omit, insert-- 17
`If offender does not pay penalty under s 185 18
`185A.(1) If the offender does not pay the penalty mentioned in 19
section 182A or 185 immediately or within the time allowed by the court, 20
the proper officer of the court must either-- 21
117
State Penalties Enforcement
SCHEDULE 1 (continued)
(a) issue a warrant for the arrest and imprisonment of the offender 1
for the term ordered by the court; or 2
(b) give to the registrar under the State Penalties Enforcement Act 3
1999, the information and particulars the registrar requires under 4
that Act for registration under that Act of the unpaid amount of 5
the penalty. 6
`(2) However, if the proper officer of the court intends to act under 7
subsection (1)(a) and the court did not order a default period of 8
imprisonment for the offender, the proper officer must first refer the matter 9
to the court for an order for the imprisonment of the offender under 10
section 185. 11
`(3) A warrant under subsection (1)(a) is to be directed to all police 12
officers.'. 13
24. Section 185B, `182B or'-- 14
omit. 15
25. Section 186(1), from `the imprisonment for which'-- 16
omit, insert-- 17
`the term for which the offender may be imprisoned is the number of whole 18
days worked out by dividing the balance of the penalty by the original 19
penalty and multiplying the result by the number of days ordered to be 20
served in default of payment of the penalty.'. 21
26. Section 186(2), from `the term of'-- 22
omit, insert-- 23
`imprisonment the offender is serving is reduced to the number of whole 24
days worked out by dividing the balance of the penalty by the original 25
penalty and multiplying the result by the number of days ordered to be 26
served in default of payment of the penalty.'. 27
118
State Penalties Enforcement
SCHEDULE 1 (continued)
27. Before section 206-- 1
insert-- 2
`PART 14--TRANSITIONAL PROVISIONS'. 3
28. After section 206-- 4
insert-- 5
`Transitional provisions for State Penalties Enforcement Act 1999 6
`207.(1) This section applies if, on the commencement of this section, an 7
offender or surety has not paid an amount under an order under the Crown 8
Proceedings Act 1980, section 13 (the "repealed law"). 9
`(2) Despite the repeal of the repealed law, the following provisions have 10
effect-- 11
(a) the order continues to have effect as if it were an order made 12
under section 33A of this Act; 13
(b) any amount that has not been paid under the order under the 14
repealed law continues to be payable until it is paid or otherwise 15
satisfied; 16
(c) despite the repeal of the Crown Proceedings Act 1980, section 15, 17
an application may be made under section 33B as if the order 18
forfeiting the recognisance were an order under section 33A; 19
(d) any warrant that has not been enforced may be enforced according 20
to its terms as if the repealed law had not been repealed; 21
(e) any proceeding commenced before the repeal for an order under 22
the repealed law may be continued as if it were a proceeding for 23
an order under section 33A.'. 24
119
State Penalties Enforcement
SCHEDULE 1 (continued)
REFERENDUMS ACT 1997 1
´
1. Section 45(2), definition "proceeding", `Justices Act 1886, part 4A'-- 2
omit, insert-- 3
`State Penalties Enforcement Act 1999'. 4
RANSPORT OPERATIONS (ROAD USE 5
´T
MANAGEMENT) ACT 1995 6
1. Section 78-- 7
insert-- 8
`(1A) A person who commits an offence against subsection (1) while the 9
person's driver licence is suspended under the State Penalties Enforcement 10
Act 1999 is liable to a penalty of not more than 40 penalty units or 1 year's 11
imprisonment, unless the person satisfies the court on the balance of 12
probabilities the person did not receive the notice of intention to suspend a 13
driver licence under that Act for the offence for which the person's licence 14
was suspended. 15
`(1B) In addition, the person is disqualified from holding or obtaining a 16
Queensland driver licence for 6 months from the day the person is found to 17
have committed the offence, whether or not a conviction is recorded for the 18
offence.'. 19
2. Section 106(3)(b)-- 20
omit, insert-- 21
`(b) an infringement notice, under the State Penalties Enforcement Act 22
1999, for the offence is placed on or attached to the vehicle; and'. 23
120
State Penalties Enforcement
SCHEDULE 1 (continued)
3. Section 108(2) and (3), `the Justices Act 1886, part 4A'-- 1
omit, insert-- 2
`State Penalties Enforcement Act 1999'. 3
4. Section 113, definition "camera-detected offence", paragraph (a)-- 4
omit, insert-- 5
`(a) the infringement notice under the State Penalties Enforcement Act 6
1999; or'. 7
5. Section 114(5)(b)-- 8
omit, insert-- 9
`(b) an infringement notice under the State Penalties Enforcement Act 10
1999.'. 11
6. Section 121-- 12
omit, insert-- 13
`Application of the State Penalties Enforcement Act 1999 14
`121.(1) The State Penalties Enforcement Act 1999, part 3 applies to 15
camera-detected offences subject to this division. 16
(2) If there is any inconsistency between the State Penalties Enforcement 17
Act 1999 and this division, the provisions of this division prevail. 18
(3) Without limiting subsection (1) or (2), for the State Penalties 19
Enforcement Act 1999-- 20
(a) "owner" means the owner as defined in this division; and 21
(b) a reference to "person in charge" or "user" is, if the context 22
permits, taken to be a reference to the driver of the vehicle; and 23
121
State Penalties Enforcement
SCHEDULE 1 (continued)
(c) a reference to "illegal user declaration", "known user 1
declaration", "sold vehicle declaration" or "unknown user 2
declaration" or `declaration' generally is taken to be a reference 3
to the appropriate approved form for section 114; and 4
(d) the State Penalties Enforcement Act 1999 sections 18(2), 19(5), 5
20(5) and 21(2) are subject to section 114 and in particular section 6
114(6) applies instead of the State Penalties Enforcement Act 7
1999, section 21(2)(b).'. 8
7. After section 129-- 9
insert-- 10
`Effect of suspension of licence under State Penalties Enforcement Act 11
1999 12
`129A.(1) This section applies if a person's driver licence is suspended 13
under the State Penalties Enforcement Act 1999, but is subject to section 14
106 of that Act. 15
`(2) Suspension of the driver licence under the State Penalties 16
Enforcement Act 1999-- 17
(a) has, while the licence is suspended, the same effect as if the 18
licence were cancelled under this Act; and 19
(b) if the period of the suspension ends before the licence would 20
ordinarily expire, does not extend the period during which the 21
licence would, apart from the suspension, have remained in force. 22
`(3) If under this Act, a person must hold a driver licence for a stated 23
period-- 24
(a) the stated period is extended by the length of the period for which 25
the licence is suspended under the State Penalties Enforcement 26
Act 1999; and 27
(b) the period of the suspension does not break the continuous period 28
for which the person must hold the licence. 29
122
State Penalties Enforcement
SCHEDULE 1 (continued)
`(4) If the period of the licence expires before the period of the 1
suspension ends, the person must not apply for or obtain a Queensland 2
driver licence until-- 3
(a) the person pays the amount stated in the enforcement order under 4
the State Penalties Enforcement Act 1999 as the amount owing 5
for the offence for which the licence was suspended; or 6
(b) the amount is otherwise discharged under that Act. 7
Maximum penalty--20 penalty units or 18 months imprisonment. 8
`(5) A suspension of a driver licence under the State Penalties 9
Enforcement Act 1999 also suspends any other driver licence authorising the 10
person in question to drive a vehicle. 11
`(6) A person must not apply for or obtain a Queensland driver licence 12
while the person's licence is suspended under the State Penalties 13
Enforcement Act 1999 or a corresponding law of another State. 14
Maximum penalty for subsection (6)--20 penalty units or 18 months 15
imprisonment. 16
`(7) A person who is disqualified from applying for or obtaining a driver 17
licence under the State Penalties Enforcement Act 1999, section 106(4) 18
must not apply for or obtain a driver licence while the person is disqualified 19
under that section. 20
Maximum penalty--20 penalty units or 18 months imprisonment.'. 21
8. Section 131, `131.(1) Any person'-- 22
omit, insert-- 23
`131.(1) This section does not apply in relation to a licence that is 24
suspended under the State Penalties Enforcement Act 1999. 25
`(1AA) A person'. 26
123
State Penalties Enforcement
SCHEDULE 1 (continued)
9. Section 139, heading, after `Commissioner'-- 1
insert-- 2
`or the chief executive'. 3
10. Section 139(1) and (3), after `commissioner'-- 4
insert-- 5
`or the chief executive'. 6
124
State Penalties Enforcement
SCHEDULE 2 1
¡
DICTIONARY 2
section 3 3
"account", for a financial institution, includes a withdrawable share 4
account. 5
"address", of a person, means the full address of the place where the 6
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
"administration charge", for a regular redirection from a financial 11
institution account, means an amount prescribed by regulation or, if no 12
amount is prescribed, $3. 13
"alleged offender", for an infringement notice, means the person on whom 14
the notice is served. 15
"appropriately qualified", for a person to whom a power under this Act 16
may be delegated, includes having the qualifications, experience or 17
standing appropriate to exercise the power. 18
"approved form" means a form approved under section 162 or 163. 19
"arrest and imprisonment warrant" see section 120. 20
"authorised corrective services officer" means an authorised corrective 21
services officer under the Penalties and Sentences Act 1992. 22
"authorised person" means-- 23
(a) for an infringement notice--a person who, under a regulation, 24
may serve the infringement notice; or 25
(b) for a withdrawal from acting under this Act--a person who, 26
under a regulation, may effect the withdrawal. 27
125
State Penalties Enforcement
SCHEDULE 2 (continued)
"chief executive (corrective services)" means the chief executive 1
(corrective services) under the Corrective Services Act 1988, 2
section 7(6).61 3
"civil enforcement fee" means the fee prescribed under a regulation for 4
part 5. 5
"commercial agent" means a commercial agent under the Auctioneers and 6
Agents Act 1971, section 2. 7
"community service" has the meaning given by the Corrective Services Act 8
1988, section 10. 9
"community service order" has the meaning given by the Penalties and 10
Sentences Act 1992, section 4. 11
"compliance period", for a fine option order, see section 122. 12
"conviction", for part 8, see section 131. 13
"corrective services office" means an office of the department within 14
which the Corrective Services Act 1988 is administered. 15
"court registrar" means-- 16
(a) for the Supreme Court or District Court--the registrar of the 17
relevant court; or 18
(b) for a Magistrates Court--the clerk of the relevant court. 19
"criminal history" of a person means the person's criminal history within 20
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 21
1986. 22
61 Section 7(6) is as follows--
`(6) in an Act, a reference to the chief executive (corrective services) is taken to
be a reference to--
(a) the chief executive; or
(b) a person or body taken to be the chief executive under section 23C(5)'.
126
State Penalties Enforcement
SCHEDULE 2 (continued)
"customer reference number" means a unique number used by the 1
department within which the Transport Operations (Road Use 2
Management) Act 1995 is administered to identify a person on whom 3
an infringement notice for an infringement notice offence involving a 4
vehicle has been served. 5
"cut-out rate", for a fine or unpaid amount, means-- 6
(a) for a court order under which an offender is required to serve a 7
term of imprisonment for failing to pay a penalty or a forfeited 8
recognisance under the Penalties and Sentences Act 1992--the 9
rate worked out by dividing the penalty or the amount of the 10
recognisance by the number of days of imprisonment ordered, 11
expressed in dollars for each day; or 12
(b) for a court order under which an offender is not required to serve 13
a term of imprisonment for failing to pay a penalty under the 14
Penalties and Sentences Act 1992--the amount prescribed under 15
a regulation for this paragraph or, if no amount is prescribed, $60; 16
or 17
(c) for a court order under which a surety is required to serve a term 18
of imprisonment for failing to pay an amount under the Bail Act 19
1980 or the Penalties and Sentences Act 1992--the rate worked 20
out by dividing the amount by the number of days of 21
imprisonment ordered, expressed in dollars for each day; or 22
(d) for a fine option order--the amount for each hour prescribed 23
under a regulation for this part or, if no amount is prescribed, $15 24
for each hour; or 25
(e) for an infringement notice offence--the amount prescribed under 26
a regulation for this paragraph or, if no amount is prescribed, $60. 27
"deducted amount" see section 87. 28
"default certificate" see section 33. 29
"driver licence" has the meaning given by the Transport Operations 30
(Road Use Management) Act 1995, schedule 4. 31
127
State Penalties Enforcement
SCHEDULE 2 (continued)
"earnings", of an enforcement debtor, means wages, salary, fees, bonuses, 1
commission, overtime pay or other compensation for services or profit 2
arising from office or employment, a pension, benefit or similar 3
payment, an annuity or an amount payable instead of leave or 4
retirement benefit owing or accruing to the enforcement debtor. 5
"employer", of an enforcement debtor, means a person (including the 6
State) who, as principal, rather than as a servant or agent, pays, or is 7
likely to pay, earnings to the enforcement debtor. 8
"enforcement debtor" see section 38. 9
"enforcement officer" includes the sheriff, deputy sheriff, bailiff of a court, 10
and a commercial agent engaged under section 10(2)(a). 11
"enforcement order" see section 38. 12
"enforcement warrant" see section 63. 13
"executive officer", of a corporation, means a person, by whatever name 14
called and whether or not the person is a director of the corporation, 15
who is concerned with, or takes part in, the management of the 16
corporation. 17
"fine"-- 18
(a) generally, includes-- 19
(i) an amount stated in an infringement notice as the fine for a 20
stated infringement notice offence and, for a particular 21
infringement notice, the fine stated in the infringement 22
notice; and 23
(ii) for an offence for which a fine is imposed by a court--any 24
amount payable under an ancillary order of the court; and 25
(b) for part 8--see section 131. 26
27
Examples of ancillary orders--
28
1. Professional fees, witnesses expenses and interpreters' allowances.
29
2. Royalties or another similar amount, including conservation value payable
30
under the Nature Conservation Act 1992.
"fine collection notice" see section 75. 31
128
State Penalties Enforcement
SCHEDULE 2 (continued)
"fine option order" means an order converting the unpaid amount of a fine 1
under an infringement notice to hours of unpaid community service. 2
"fine option order breach notice" see section 139. 3
"government body" means-- 4
(a) the State, another State, the Commonwealth or a local 5
government; or 6
(b) a department, service, agency, authority, commission, 7
corporation, instrumentality, board, office or other entity 8
established for a State government purpose; or 9
(c) a part of an entity mentioned in paragraph (b). 10
"illegal user declaration", for an offence involving a vehicle, means a 11
statutory declaration stating facts establishing the vehicle was stolen or 12
illegally taken at the relevant time. 13
"infringement notice" means a notice under section 15. 14
"infringement notice fine", for an infringement notice offence, means the 15
amount prescribed under a regulation to be the fine payable for the 16
offence under an infringement notice. 17
"infringement notice offence" means an offence, other than an indictable 18
offence or an offence against the person, prescribed under a regulation 19
to be an offence to which this Act applies. 20
"instalment", of a fine under an infringement notice, means the amount 21
payable as an instalment of the fine. 22
"instalment payment notice" see section 136. 23
"interfere with" includes the following-- 24
(a) remove, 25
(b) damage; 26
(c) destroy; 27
(d) deface. 28
129
State Penalties Enforcement
SCHEDULE 2 (continued)
"known user declaration", for an offence involving a vehicle, means a 1
statutory declaration stating-- 2
(a) if the owner is-- 3
(i) an individual--the owner was not in charge of the vehicle at 4
the relevant time; or 5
(ii) a corporation--the vehicle was not being used for the 6
corporation at the relevant time; and 7
(b) the name and address of the person who was in charge of the 8
vehicle at the relevant time. 9
"late payment penalty"-- 10
(a) for a deducted amount--see section 87; or 11
(b) for an undeducted amount--see section 88. 12
"minimum instalment" means the amount prescribed under a regulation 13
as the minimum amount a person who may pay an amount by 14
instalments must pay. 15
"offence", for a particular infringement notice, means the offence stated in 16
the notice. 17
"offence involving a vehicle" means an offence in which an offender and a 18
vehicle are involved, regardless of the extent to which the vehicle is 19
actually involved in the offence. 20
"offender", other than for part 3, includes alleged offender. 21
"officer", of a corporation, includes a former officer of the corporation. 22
"owner", of a vehicle, includes the person in whose name the vehicle is 23
registered under a registration Act. 24
"partner" includes a former partner. 25
"premises" includes any structure, building, aircraft, vehicle, vessel or 26
place, whether built on or not. 27
130
State Penalties Enforcement
SCHEDULE 2 (continued)
"prescribed interest" has the meaning given by the Corporations Law, 1
section 9.62 2
"prescribed particulars", for part 4, means particulars prescribed under a 3
regulation. 4
"protected earnings amount", for a period for which earnings are paid, 5
means the amount worked out by applying the protected earnings rate 6
to the period for which the earnings are paid. 7
"protected earnings rate" has the meaning given by the Child Support 8
(Registration and Collection) Act 1988 (Cwlth), section 4. 9
"Queensland fine", for part 8, see section 131. 10
"reciprocating court", for part 8, see section 131. 11
"registrar" means the person employed under section 10 to be registrar. 12
"registration Act" means-- 13
(a) the Transport Operations (Road Use Management) Act 1995 or 14
another Act prescribed under a regulation that deals with the 15
registration of vehicles; or 16
(b) a law of the Commonwealth or another State that deals generally 17
with the same subject matter as an Act mentioned in paragraph 18
(a). 19
62 The Corporations Law, section 9 defines "prescribed interest" as meaning--
`(a) a participation interest; or
(b) a right, whether enforceable or not, whether actual, prospective or
contingent and whether or not evidenced by a formal document, to
participate in a time-sharing scheme;
but does not include:
(c) a right or interest, or a right or interest included in a class or kind of rights
or interests, declared by the regulations to be an exempt right or interest,
or a class or kind of exempt rights or interests, for the purposes of
Chapter 7; or
(d) an exempt prescribed interest in relation to this jurisdiction (as defined by
section 68A).'.
131
State Penalties Enforcement
SCHEDULE 2 (continued)
"registration fee" means the fee prescribed under a regulation for 1
registering an unpaid amount under this Act. 2
"relevant officer", for part 8, see section 131. 3
"relevant person", for part 7, see section 122. 4
"relevant time", for an offence involving a vehicle, means the time and 5
date specified in the infringement notice as the time and date of the 6
offence. 7
"responsible operator", of a vehicle, means a person nominated as a 8
responsible operator for the vehicle under the Transport Operations 9
(Road Use Management) Act 1995, section 170. 10
"search warrant" see section 71. 11
"securities" includes-- 12
(a) annuities; and 13
(b) debentures; and 14
(c) stocks; and 15
(d) bonds; and 16
(e) shares; and 17
(f) marketable securities; and 18
(g) units of-- 19
(i) shares; or 20
(ii) marketable securities; or 21
(iii) interests prescribed under a regulation. 22
"sold vehicle declaration", for an offence involving a vehicle, means a 23
statutory declaration stating facts establishing the owner had sold or 24
otherwise disposed of the vehicle before the relevant time and was not 25
in charge of the vehicle at that time, including-- 26
(a) the name and address of the person to whom the vehicle was sold 27
or disposed of; and 28
(b) the date and, if relevant, time of the sale or disposal; and 29
132
State Penalties Enforcement
SCHEDULE 2 (continued)
(c) if an agent made the sale or disposal for the owner, the name and 1
address of the agent. 2
"SPER" means the registry established under part 2. 3
"suspend", a driver licence, includes suspend a person's eligibility to apply 4
for or obtain a driver licence. 5
"third person" means a person, including the State, from whom a debt-- 6
(a) is payable to an enforcement debtor; or 7
(b) is likely to become payable to an enforcement debtor. 8
"threshold amount", for an infringement notice fine, means the amount, 9
prescribed under a regulation, at or above which a person may apply to 10
an administering authority for approval to pay the fine by instalments. 11
"undeducted amount" see section 88. 12
"unknown user declaration", for an offence involving a vehicle, means a 13
statutory declaration stating-- 14
(a) if the owner is-- 15
(i) an individual--the owner was not in charge of the vehicle at 16
the relevant time; or 17
(ii) a corporation--the vehicle was not being used for the 18
corporation at the relevant time; and 19
(b) the person making the declaration has not been able to find out 20
who was in charge of the vehicle at the relevant time; and 21
(c) the nature of the inquiries made to find out the name and address 22
of the person in charge of the vehicle at the relevant time. 23
© State of Queensland 1999
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