STATE PENALTIES ENFORCEMENT ACT 1999 - As at 1 February 2024 - Act 70 of 1999
STATE PENALTIES ENFORCEMENT ACT 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
39. (Repealed)
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
43. (Repealed)
44. (Repealed)
45. (Repealed)
46. (Repealed)
47. (Repealed)
48. (Repealed)
49. (Repealed)
50. (Repealed)
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
53. (Repealed)
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
59. (Repealed)
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
137. (Repealed)
138. (Repealed)
139. (Repealed)
140. (Repealed)
141. (Repealed)
142. (Repealed)
143. (Repealed)
144. (Repealed)
145. (Repealed)
146. (Repealed)
146A. (Repealed)
146B. (Repealed)
146C. (Repealed)
146D. (Repealed)
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
151A. (Repealed)
152. (Repealed)
152A. (Repealed)
152B. (Repealed)
152C. (Repealed)
152D. (Repealed)
152E. (Repealed)
152F. (Repealed)
152G. (Repealed)
152H. (Repealed)
152I. (Repealed)
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
164. (Repealed)
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