Queensland Consolidated Acts

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STATE PENALTIES ENFORCEMENT ACT 1999 - As at 1 February 2024 - Act 70 of 1999

- As at 1 February 2024 - Act 70 of 1999

Table of Provisions

Long Title

PART 1 - PRELIMINARY

1 Short title

2 Commencement

3 Definitions

4 Objects

5 Act has limited application to children

6 Act binds State, Commonwealth and other States

PART 2 - THE STATE PENALTIES ENFORCEMENT REGISTRY

7 The State Penalties Enforcement Registry

8 Functions of SPER

9 The SPER charter

9A Registrar

10 Staff and contractors

10A Service contractors

10B Service subcontractors

10C Delegation of prescribed functions

11 Management of office

12 Protection from liability

PART 3 - INFRINGEMENT NOTICES

Division 1 - Service of infringement notices

13 Service of infringement notices—generally

14 Service of infringement notices for infringement notice offences involving vehicles

15 Infringement notices

16 Effect of this part on prosecution

Division 2 - Liability for infringement notice offences involving vehicles

17 Liability for infringement notice offences involving vehicles

18 Effect of illegal user declaration

19 Effect of known user declaration

20 Effect of sold vehicle declaration

21 Effect of unknown user declaration

Division 3 - Obligations and options under infringement notices

22 Ways alleged offender may deal with infringement notice

23 Application to pay fine by instalments

24 Registration of instalment payments for infringement notices

25 Alleged offender who pays can not be prosecuted

26 When alleged offender can not elect to have offence decided by court

27 When infringement notice offence is to be decided by court

Division 4 - Withdrawal and re-issue of infringement notice

28 Administering authority may withdraw infringement notice

29 Cancellation of registration on withdrawal of infringement notice

30 Application to cancel infringement notice for mistake of fact

31 Effect of cancellation of infringement notice

32 Proceedings after cancellation of infringement notice

PART 3B - WORK AND DEVELOPMENT ORDERS

32F Definitions for part

32G Work and development orders

32H Eligibility for work and development order

32I No work and development order for amount payable to specified person or entity

32J Application for work and development order

32K Eligibility assessment by approved sponsor

32L Decision on application

32M Unpaid work must be performed cumulatively

32N Effect of this part on enforcement action

32O Variation of work and development order

32P Withdrawal of work and development order

32Q Revocation of work and development order

32R Satisfaction of SPER debt

32S External review of decisions under this part

PART 4 - ENFORCEMENT ORDERS

Division 1 - Default commences enforcement process

33 Default by person served with infringement notice

34 Default in paying fine, penalty or other amount under court order

35 Effect of registration under this division

36 Default in paying instalment

37 Effect of cancellation of instalment payment notice

Division 2 - Enforcement orders

38 Issue of enforcement order

40 Service of enforcement order

Division 3 - Obligations and options under enforcement order

41 Ways enforcement debtor may deal with enforcement order

42 Application to pay by instalments

51 Election for court hearing

Division 4 - Default after enforcement order

52 Default after time to pay

52A Working out period of imprisonment for arrest and imprisonment warrant

Division 5 - Effect of appeal on enforcement order

54 Effect of appeal on enforcement order

54A Effect of appeal on enforcement order for offender levy

Division 6 - Cancellation of certain enforcement orders

55 Application of div 6

56 Applications for cancellation of enforcement orders

57 Decision on application

58 Appeal against refusal to cancel enforcement order

60 Provisions relating to cancellation of enforcement order

PART 5 - CIVIL ENFORCEMENT

Division 1 - Preliminary

61 Application of pt 5

62 Part does not prevent issue of arrest and imprisonment warrant

Division 2 - Enforcement warrants

63 Issue of enforcement warrant

63A Renewal of enforcement warrant

64 Registrar may cancel, suspend or vary enforcement warrant for seizure of property

65 Enforcement warrant imposing a charge on property

66 Effect of warrant imposing charge on property

67 Order to set aside or restrain sale, etc. of charged property

68 Offence of dealing with charged or restrained property

68A Offence of concealing, selling, transferring or otherwise dealing with property subject to seizure

69 Enforcement of enforcement warrant may be made conditional

69A Particular matters about enforcement of enforcement warrant

70 Power of entry to enforce enforcement warrant

71 Search warrant

72 Powers under search warrant

73 Powers supporting seizure

73A Notice to enforcement debtor etc. if seizure

73B Enforcement officer may authorise tow

73C Order of selling property

73D Payment by enforcement debtor before sale

73E Storage before sale

73F Nature of sale

73G Sale at best price obtainable

73H Advertising

73I Postponement of sale

73J Accountability for, and distribution of, money received

73K Reserve price provisions

74 Return of enforcement warrant

Division 3 - Fine collection notices

75 Issue of fine collection notice

76 Issue of fine collection notice after enforcement warrant

77 Registrar may cancel, suspend or vary fine collection notices

78 Copy of notices under this division to be given to enforcement debtor

Division 4 - Provisions about fine collection notices redirecting earnings

79 When registrar may issue fine collection notice for redirection of earnings

80 Two or more employers of 1 employee

81 Duty of employer to make deductions

82 Working out amount to be deducted

83 Provisions for working out earnings for s 82

84 Additional duties of employers

85 Discharge of enforcement debtor’s liability to registrar and employer’s liability to enforcement debtor

86 Payment by trustees of deducted amounts

87 Penalty for late payment to registrar of deducted amounts

88 Penalty for failure to make deductions from earnings

89 When late payment penalty may be waived

90 Application of interest payable on judgment debt

91 Penalty is alternative to prosecution for certain offences against part

92 Employers not to prejudice employees because of action under this part

93 Employers not to disclose information etc.

94 Records to be kept by employers

95 Access to premises etc.

96 Application of amounts paid or credited if 2 or more debts due

Division 5 - Provisions about fine collection notice for redirection of a debt

97 When debt redirected under fine collection notice

98 Payment to enforcement debtor despite redirection

99 Discharge of the third person

Division 6 - Provisions about regular redirection from a financial institution account

100 Application of div 6

101 Service of fine collection notice for regular redirection from a financial institution account

102 Financial institution to make payments

103 Offence of intentionally defeating notice for regular redirection from a financial institution account

Division 6A - Provisions about direction to pay amount from financial institution account

103A Application of division

103B Copy of fine collection notice to enforcement debtor

103C Financial institution to make deduction

103D Financial institution to make payment

Division 7 - Suspension of driver licence

104 Criteria for suspending driver licence

105 Suspension of driver licence

106 General effect of suspension of driver licence

107 Review of suspension of driver licence

108 Effect of suspension of driver licence on vehicle insurance

Division 7A - Enforcement by vehicle immobilisation

Subdivision 1 - Criteria for vehicle immobilisation

108A Criteria for vehicle immobilisation

108B Types of vehicles that may be immobilised

Subdivision 2 - Notice of intention to issue immobilisation warrant

108C Registrar to serve notice of intention to issue immobilisation warrant

Subdivision 3 - Immobilisation warrant and related matters

108D Issue and service of immobilisation warrant

108E Registrar may cancel, suspend or vary immobilisation warrant

108F Effect of immobilisation warrant

108G Who may enforce an immobilisation warrant

108H Where and when an immobilisation warrant may or may not be enforced

108I Additional powers under an immobilisation warrant

108J Entry to ask occupier for consent to enter

108K Entry with consent

108L Immobilisation search warrant

108M Powers under immobilisation search warrant

108N Immobilisation notice

108O Immobilisation period and access to vehicle

108P When immobilising device may be removed before end of immobilisation period

108Q Removal of immobilising device immediately after immobilisation period ends

108R Direction by registrar to seize vehicle under enforcement warrant

108S Direction by registrar to re-enforce current immobilisation warrant

108T Return of immobilisation warrant

108U Notice of damage—immobilisation warrant

108V Compensation—immobilisation warrant

108W Effect of immobilisation on vehicle insurance

Subdivision 4 - Offences

108X Offences of concealing, selling, transferring or otherwise dealing with vehicle with particular intent

108Y Offence of interfering with or removing immobilised vehicle

108Z Offence of tampering with or removing immobilising device or immobilising notice

Division 8 - Other enforcement options

109. (Repealed)

110 Registration of interests

Division 9 - Order of satisfaction of fines etc.

111 Order of satisfaction of fines for infringement notice offences

112 Order of satisfaction of other amounts

113 Order of satisfaction if more than 1 enforcement order

Division 10 - General provisions

114 Power of person serving fine collection notice or enforcing warrant to demand name and address etc.

115 Effect of particular proceedings

116 Offence of obstructing enforcement officer

117 Offence of defacing or removing seizure tags

117A Use of body-worn cameras by enforcement officers

PART 6 - IMPRISONMENT

118. (Repealed)

119 Enforcement by imprisonment

120 Satisfaction of fine by imprisonment

121 Order of satisfaction of fines if enforcement debtor imprisoned

PART 7 - (Repealed)

PART 8 - RECIPROCAL ENFORCEMENT OF FINES

131 Definitions for pt 8

132 Declaration of reciprocating court

133 Enforcement of Queensland fine by reciprocating court

134 Enforcement of fine imposed by reciprocating court

PART 8A - INFORMATION SHARING

Division 1 - Preliminary

134A Definitions for part

Division 2 - Information collection

134B Information from police commissioner

134C Registrar may require person to give information

134D Registrar may require attendance by persons

134E Power to record giving of information

134F Registrar may require translation or conversion of information

134G False or misleading information

Division 3 - Information protection

134H Unauthorised disclosure of confidential information

134I Non-disclosure of particular information

134J Limited use of self-incriminating information

Division 4 - Information sharing

134K Information-sharing arrangements

134L Disclosure of confidential information by registrar

134LA Disclosure of identifying information when remitting amounts collected by SPER

134M Registrar may advise police commissioner about particular warrants

PART 9 - MISCELLANEOUS

Division 1 - Content of particular notices, orders and warrants

135 Default certificate for infringement notice offence

136 Instalment payment notice

Division 2 - Other enforcement related provisions

147 Effect of notices, orders and warrants

148 Electronic transmission of particular documents

149 Enforcement costs

149A References to amounts otherwise being discharged

150 Dishonoured cheques etc.

150A Registrar may write off unpaid fine or other amount

150AA Registrar may waive or return fee

150AB Redirecting amounts to unpaid SPER debts

150B Guidelines

151 Registrar may arrange for use of information system

153 Register

154 No fees payable for registration under other Acts

155 Non-reviewable decision

156 Responsibility for acts or omissions of representatives

157 Evidentiary provisions

158 Service of document

159 Proceedings for offences

159A Registrar may communicate with enforcement debtors by SMS

Division 2A - Appointment of enforcement officers

159B Explanation of div 2A

159C Appointment

159D Appointment conditions and limit on powers

159E When office ends

159F Resignation

159G Identity cards

159H Return of identity card

Division 3 - General

160 Delegation by administering authority

161 Delegation by registrar

162 Approval of forms by administering authority

163 Approval of other forms

165 Regulation-making power

166 Registrar as administering authority etc.

PART 10 - TRANSITIONAL, VALIDATING AND DECLARATORY PROVISIONS

Division 1 - Transitional provisions for Act No. 70 of 1999

167 Amnesty period

168 Saving of infringement notice

169 Saving of enforcement orders

170 Issue of infringement notices by administering authority

171 Existing warrant of commitment

172 Existing fine option order

Division 2 - Validating and declaratory provisions

173 Infringement notice for Motor Accident Insurance Act 1994

174 Infringement notice for a corporation

174A Particular orders made under Industrial Relations Act 2016

Division 3 - Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2007

175 Definition for div 3

176 Transitional provision about management of office

177 Transitional provision for extension of time to pay an amount stated in an enforcement order

178 Transitional provision for cancellation of enforcement order

179 Transitional provision for good behaviour order

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

182 Effect of provision disqualifying person from holding or obtaining driver licence

Division 7 - Transitional provisions for State Penalties Enforcement Amendment Act 2017

183 Definitions for division

183A Department (corrective services) is approved sponsor

184 Other approved sponsors

185 Conversion of fine option orders

186 Conversion of applications for fine option orders

187 Continuation of good behaviour orders

193 Continuation of particular certificate evidence

194 (Expired)

Division 8 - Transitional provision for Tow Truck and Other Legislation Amendment Act 2018

195 Application of Act to particular 17 year old children

Division 9 - Transitional provisions for State Penalties Enforcement (Modernisation) Amendment Act 2022

196 Current enforcement officers

197 Infringement notices issued after change of administering authority

SCHEDULE 2

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