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TASMANIA
__________
MONETARY PENALTIES ENFORCEMENT
(TRANSITIONAL ARRANGEMENTS AND
CONSEQUENTIAL AMENDMENTS) BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential Amendments
4. Effect of certain consequential amendments
Schedule 1 Consequential Amendments
[Bill 79]-IX
2
MONETARY PENALTIES ENFORCEMENT
(TRANSITIONAL ARRANGEMENTS AND
CONSEQUENTIAL AMENDMENTS) BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Monetary Penalties Enforcement Act
2005 and to amend certain Acts and statutory rules
consequential on the enactment that Act
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Monetary Penalties
Enforcement (Transitional Arrangements and
Consequential Amendments) Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
3. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 79] 3
Monetary Penalties Enforcement (Transitional Arrangements
and Consequential Amendments) Act 2007
Act No. of
s. 4
4. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
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SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Acts Interpretation Act 1931
1. Section 38 is amended by inserting after
subsection (3) the following subsection:
(4) Where a provision of an Act provides
that an infringement notice may be
issued for an offence, any such
infringement notice is to be dealt with in
accordance with the Monetary Penalties
Enforcement Act 2005.
2. Section 46 is amended by inserting after the
definition of "High Court" the following
definition:
"infringement notice" means an
infringement notice within the meaning
of the Monetary Penalties Enforcement
Act 2005;
Agricultural and Veterinary Chemicals (Control of Use) Act
1995
1. Section 46B is repealed and the following
section is substituted:
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46B. Form of infringement notice
An infringement notice
(a) is not to relate to more than 3
offences; and
(b) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005.
2. Sections 46C, 46D, 46E, 46F, 46G and 46H are
repealed.
3. Section 46J is repealed.
Animal (Brands and Movement) Act 1984
1. Section 29A is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 29B, 29C, 29D and 29E are repealed.
3. Sections 29G, 29H and 29I are repealed.
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Animal Health Act 1995
1. Section 91B is repealed and the following
section is substituted:
91B. Infringement notices
(1) The Chief Veterinary Officer may serve
an infringement notice on a person, other
than a person who has not attained the
age of 16 years, if the Chief Veterinary
Officer is of the opinion that the person
has committed a prescribed offence.
(2) An infringement notice is not to relate to
more than 4 offences.
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 91C, 91D, 91E and 91F are repealed.
3. Sections 91H, 91I, 91J and 91K are repealed.
Animal Welfare Act 1993
1. Section 43A is amended by inserting after
subsection (2) the following subsection:
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(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 43B, 43C, 43D, 43E, 43F, 43G, 43H
and 43I are repealed.
Building Act 2000
1. Section 243 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 244, 245, 246 and 247 are repealed.
3. Sections 249 and 250 are repealed.
Building Regulations 2004
1. Regulation 35(2) is amended by omitting "under
section 244(1)(b)(ii) of the Act".
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Dangerous Goods Act 1998
1. Section 32 is amended by omitting subsections
(2), (3), (4), (5) and (6) and substituting the
following subsections:
(2) The regulations must specify the offences
to which the infringement notice applies.
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
Dog Control Act 2000
1. Section 64 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 65, 66, 67, 68, 69 and 70 are repealed.
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Environmental Management and Pollution Control
(Environmental Infringement Notices) Regulations 2006
1. Regulation 5 is amended by omitting
subregulation (2) and substituting the following
subregulation:
(2) The penalty specified in Schedule 2 in
relation to a prescribed offence is the
penalty applicable to that offence.
Environmental Management and Pollution Control Act 1994
1. Section 67 is amended by omitting subsections
(2), (3), (4), (5), (6), (7), (8), (9) and (10) and
substituting the following subsection:
(2) An environmental infringement notice is
to be in accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 68 and 69 are repealed.
3. Section 70 is amended by omitting subsection
(3).
4. Section 71 is repealed and the following section
is substituted:
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71. Payments in respect of environmental
infringement notices
Any payments in respect of an
environmental infringement notice are
payable
(a) to a council, if the notice was
served by a council officer; or
(b) in any other case, into the
Consolidated Fund and then
paid from the Consolidated
Fund to the Environment
Protection Fund without
further appropriation than
this section.
Family Violence Act 2004
1. Section 4 is amended by inserting after the
definition of "Chief Clerk of Petty Sessions" the
following definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement
Services appointed under section 8 of the
Monetary Penalties Enforcement Act
2005;
2. Section 35 is amended by inserting after
subsection (4) the following subsection:
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(5) If a person who is fined under this
section was a party to proceedings in
which an order under section 32 was
made, the court imposing the fine must
advise the Director, MPES of that order
at the time of referring the order
imposing the fine to the Director, MPES
for collection.
Food Act 2003
1. Section 118 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 119, 120, 121 and 122 are repealed.
3. Sections 124, 125 and 126 are repealed.
Food Regulations 2003
1. Regulation 6(2) is amended by omitting "section
119 of".
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Inland Fisheries Act 1995
1. Section 118 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 119, 121, 122, 123, 124 and 125 are
repealed and the following section is substituted:
122. Payments in respect of infringement notices
Half of the payments made in respect of
an infringement notice are to be paid into
the Consolidated Fund and half to the
Director.
Irrigation Clauses Act 1973
1. Section 71 is amended as follows:
(a) by omitting from subsection (1) "a
notice" and substituting "an infringement
notice";
(b) by omitting subsection (2) and
substituting the following subsection:
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(2) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement
Act 2005.
(c) by omitting from subsection (3)
"subsection (2)" and substituting
"subsection (1)";
(d) by omitting subsections (4), (5), (6), (7),
(8), (9) and (10).
2. Section 72 is repealed and the following section
is substituted:
72. Payment into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
3. Section 74 is repealed.
Justices Act 1959
1. Section 3(1) is amended by inserting after the
definition of "defendant" the following
definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement Service
appointed under section 8 of the
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Monetary Penalties Enforcement Act
2005;
2. Section 106K is amended by inserting after
subsection (5) the following subsection:
(6) Where publication of the name of any
party to proceedings is restricted under
this section and the party is the subject of
a court order imposing a fine, the
Director, MPES must be notified of the
restriction at the time the order imposing
the fine is referred to him or her for
collection and enforcement.
3. Section 144 is amended as follows:
(a) by inserting the following paragraph after
paragraph (cf) in subsection (4):
(cg) the practice and procedure
relating to matters arising under
the Monetary Penalties
Enforcement Act 2005;
(b) by inserting the following subsection
after subsection (7):
(8) Rules made under
subsection (4)(cg) may authorise
justices, upon such terms and
conditions as they think
necessary, to dispense with the
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need for compliance by a party to
proceedings under the Monetary
Penalties Enforcement Act 2005
with the provisions of any such
rules.
Litter Act 2007
1. Section 17 is amended by inserting after
subsection (2) the following subsection:
(2A) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 18, 19, 20, 21, 22 and 23 are repealed.
3. Section 28 is amended by omitting subsections
(2), (3) and (4) and substituting the following
subsections:
(2) If the registered operator alleges within
28 days following the service of an
infringement notice under subsection (1)
that the offence was committed by
another person or that, at the time of the
occurrence of the offence
(a) the motor vehicle or trailer was
being driven or used without the
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knowledge or consent of the
registered operator; or
(b) the motor vehicle or trailer was in
the charge of another person; or
(c) the registered operator had no
right or interest in the motor
vehicle or trailer
the registered operator may provide the
authorised officer nominated in the
notice with a statutory declaration giving
particulars of the allegation and, if it is
alleged that the offence was committed
by another person, particulars, so far as
known to the registered operator, of the
name and address of that other person.
(3) A statutory declaration provided in
accordance with this section is to be
treated as an application for the
withdrawal of the infringement notice
under section 15 or 17 of the Monetary
Penalties Enforcement Act 2005.
Living Marine Resources Management Act 1995
1. Section 234 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
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Monetary Penalties Enforcement Act
2005.
2. Sections 235, 236, 237, 238, 239, 240 and 241
are repealed and the following section is
substituted:
235. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
Local Government Act 1993
1. Section 3 is amended by inserting after the
definition of "Director" the following definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement Service
appointed under section 8 of the
Monetary Penalties Enforcement Act
2005;
2. Section 149 is amended as follows:
(a) by omitting from subsection (1)(c) "fine"
and substituting "monetary penalty";
(b) by omitting from subsection (2) "fine"
and substituting "monetary penalty";
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(c) by omitting from subsection (3) "fine"
first occurring and substituting
"monetary penalty";
(d) by omitting from subsection (3)(a) "fine"
and substituting "monetary penalty";
(e) by omitting from subsection (3)(c) "fine"
and substituting "monetary penalty";
(f) by omitting paragraph (d) from
subsection (3) and substituting the
following paragraph:
(d) the period within which the
monetary penalty is to be paid in
order to avoid the infringement
notice being referred to the
Director, MPES.
(g) by omitting subsection (4) and
substituting the following subsection:
(4) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement
Act 2005.
Marine Farming Planning Act 1995
1. Section 119 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
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Monetary Penalties Enforcement Act
2005.
2. Section 120 is repealed and the following section
is substituted:
120. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
Marine and Safety Authority Act 1997
1. Section 45 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 46, 47, 48, 49, 50, 51 and 52 are
repealed and the following section is substituted:
46. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
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Monetary Penalties Enforcement Act 2005
1. Section 122 is amended by inserting after
subsection (1) the following subsections:
(1A) For the purposes of subsection (1), an
undertaking to pay a prescribed penalty
contained in an infringement notice that
was lodged with a designated clerk of
petty sessions before the commencement
of this Act is taken to be an order
imposing a fine made by a court before
the commencement of this Act.
(1B) A person who has been served with an
infringement notice that was issued on or
after 1 December 2007 and has not been
withdrawn may be served with a notice
from the Director advising the person
that the infringement notice is to be
enforced under this Act.
(1C) When a person is served with a notice
from the Director under subsection (1B),
the infringement notice becomes
enforceable under this Act.
(1D) A notice from the Director under
subsection (1B) must contain the
following information:
(a) the date of issue of the
infringement notice to which the
notice relates;
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(b) the total amount of the penalty or
penalties on that infringement
notice which remains
outstanding;
(c) the methods by which payment of
that amount may be made;
(d) a statement that, if the person on
whom the notice is served wishes
to have the offence or offences to
which the infringement notice
relates heard and determined by a
court, he or she must lodge a
notice of election in accordance
with this Act within 28 days of
the service of the notice;
(e) a statement that, if the person on
whom the notice is served does
not lodge a notice of election
within 28 days of the service of
the notice, he or she will be taken
to be convicted of the offence or
offences set out in the
infringement notice and the
amount outstanding under the
infringement notice may be
recovered under this Act.
(1E) Where an infringement notice becomes
enforceable under this Act by the
operation of subsection (1C), any time
limit imposed by another Act for taking
action in respect of the offence or
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offences to which the infringement notice
relates is to be extended by 3 months.
National Parks and Reserves Management Act 2002
1. Part 5 is amended by omitting "AND
VEHICLE INFRINGEMENT NOTICES"
from the heading to that Part.
2. Section 75 is amended as follows:
(a) by omitting the definitions of "approved"
and "infringement notice" from
subsection (1);
(b) by omitting "notice;" from the definition
of "specified penalty" in subsection (1)
and substituting "notice.";
(c) by omitting the definitions of "vehicle
infringement notice" and "withdrawal
notice" from subsection (1);
(d) by omitting subsection (2).
3. Section 76 is amended as follows:
(a) by omitting from subsection (2) "a
vehicle" first occurring and substituting
"an";
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(b) by omitting subsections (3), (4), (5), (6),
(7), (8), (9), (10) and (11) and
substituting the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement
Act 2005.
4. Sections 77 and 78 are repealed.
5. Section 79 is amended as follows:
(a) by omitting from subsection (2) "A
vehicle" and substituting "An";
(b) by omitting from subsection (3) "a
vehicle" first occurring and substituting
"an";
(c) by omitting subsection (5).
6. Section 80 is repealed and the following section
is substituted:
80. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
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Nature Conservation Act 2002
1. Sections 62, 63, 64, 65, 66 and 67 are repealed
and the following sections are substituted:
62. Infringement notices
(1) An authorised officer may serve an
infringement notice on a person if of the
opinion that the person has committed a
prescribed offence.
(2) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
63. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
Occupational Licensing Act 2005
1. Section 62 is amended by inserting after
subsection (2) the following subsections:
(3) An infringement notice is to specify the
number of demerit points, if any, in
respect of the offence or offences to
which the notice relates.
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(4) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 63, 64, 65, 66, 67, 68 and 69 are
repealed.
Plant Quarantine Act 1997
1. Section 89 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 90, 91 and 92 are repealed.
3. Section 93 is amended by omitting subsections
(1), (2), (3) and (4).
4. Sections 94, 95 and 96 are repealed.
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Plumbing Regulations 2004
1. Regulation 47(2) is amended by omitting "under
section 244(1)(b)(ii) of the Act".
Police Offences (Liquor) Regulations 2005
1. Regulation 3 is amended by omitting "section
61(2)" and substituting "section 61".
Police Offences Act 1935
1. Section 3(1) is amended as follows:
(a) by omitting "vehicle;" from the
definition of "vehicle" and substituting
"vehicle.";
(b) by omitting the definition of "withdrawal
notice".
2. Section 61 is amended as follows:
(a) by omitting from subsection (1) "a
notice" and substituting "liquor
infringement notice";
(b) by omitting subsections (2), (3), (4), (5),
(6), (7), (8) and (9) and substituting the
following subsection:
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(2) A liquor infringement notice is to
be in accordance with section 14
of the Monetary Penalties
Enforcement Act 2005.
3. Sections 62 and 63 are repealed and the
following section is substituted:
62. Payments into Consolidated Fund
Any payments in respect of an
infringement notice are payable into the
Consolidated Fund.
Public Health Act 1997
1. Section 169 is amended by inserting after
subsection (3) the following subsection:
(4) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 170, 171, 172 and 173 are repealed.
3. Sections 175, 176 and 177 are repealed.
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Radiation Protection Regulations 2006
1. Regulation 53 is amended by inserting after
subregulation (3) the following subregulation:
(4) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Regulations 54, 55, 56, 57, 58, 59 and 60 are
rescinded.
Road Safety (Alcohol and Drugs) Act 1970
1. Section 2(1) is amended by inserting after the
definition of "breath test" the following
definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement Service
appointed under section 8 of the
Monetary Penalties Enforcement Act
2005;
2. Section 18A is amended by omitting subsections
(3) and (4) and substituting the following
subsections:
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(3) Where, in accordance with section 20 of
the Monetary Penalties Enforcement Act
2005, a person is taken to have been
convicted of an offence referred to in
subsection (1) in respect of which a
traffic infringement notice was issued
(a) the period of 3 months
disqualification from driving
starts from the date specified in a
notice of disqualification served
on the person by the Registrar;
and
(b) the person's Australian driver
licence is cancelled from that
date.
(4) A traffic infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
Security and Investigations Agents Act 2002
1. Section 35D is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
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2. Sections 35E, 35F, 35G, 35H, 35I, 35J and 35K
are repealed.
Sentencing Act 1997
1. Section 4 is amended as follows:
(a) by inserting the following definition after
the definition of "DCS":
"Director, MPES" means the
Director, Monetary Penalties
Enforcement Service appointed
under section 8 of the Monetary
Penalties Enforcement Act 2005;
(b) by inserting the following definition after
the definition of "enactment":
"enforcement debtor" means a
person to whom an enforcement
order has been issued under Part
5 of the Monetary Penalties
Enforcement Act 2005;
(c) by inserting the following definition after
the definition of "mental illness":
"monetary penalty" means a
monetary penalty as defined in
section 3 of the Monetary
Penalties Enforcement Act 2005;
(d) by inserting the following definition after
the definition of "motor vehicle":
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"MPCSO" means a Monetary Penalty
Community Service Order issued
under section 33 of the Monetary
Penalties Enforcement Act 2005;
2. Section 31(4) is amended by omitting "a
community service order made under
section 47(2)(a)" and substituting "an MPCSO".
3. Section 36 is amended by omitting subsection
(10).
4. Section 44 is repealed and the following section
is substituted:
44. Period for payment of fine
(1) Subject to subsection (2), a court that
orders an offender to pay a fine must also
order that the fine be paid within 28 days.
(2) In special and unusual circumstances, a
court may order that the fine be paid
within a period of less than 28 days.
(3) A court is not to impose any condition of
payment other than the period within
which payment is to be made.
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5. The following heading is inserted after section
45:
PART 6A WARRANT OF COMMITMENT FOR
NON-PAYMENT OF MONETARY PENALTY
6. Sections 46, 47, 48, 49 and 50 are repealed and
the following sections are substituted:
46. Warrant of commitment for non-payment of
monetary penalty
(1) On application by the Director, MPES
for a warrant of commitment against an
enforcement debtor for non-payment of a
monetary penalty, a magistrate may
issue, or decline to issue, the warrant.
(2) If a warrant of commitment is to be
issued, it may be issued in chambers ex
parte.
(3) A warrant of commitment against an
enforcement debtor is to be issued for a
term of imprisonment calculated in
accordance with section 48.
(4) A decision on whether or not to issue a
warrant of commitment is to be made
within 28 days after the application is
made.
(5) If a magistrate declines to issue a warrant
of commitment, he or she is to forward a
written report to the Attorney-General
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detailing the reasons why the warrant
was not issued.
(6) A term of imprisonment to which an
offender is sentenced under this section
is not to be served concurrently with any
other term of imprisonment to which the
offender has been, or is liable to be,
sentenced.
(7) The DCS may execute a warrant of
commitment issued under this section.
47. Failure of defendant outside jurisdiction to
pay monetary penalty
(1) If
(a) an enforcement debtor is in
default in payment of a monetary
penalty; and
(b) a magistrate is satisfied that the
enforcement debtor is no longer
in Tasmania or that the usual
place of residence of the
enforcement debtor is outside
Tasmania
the magistrate may, on the application of
the Director, MPES, issue a warrant of
commitment against the enforcement
debtor for a term of imprisonment for a
period calculated in accordance with
section 48 in respect of the outstanding
amount of the monetary penalty.
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(2) Section 46(4), (5) and (6) apply in
respect of a warrant of commitment
issued under this section.
(3) Section 26 of the Justices Act 1959 does
not apply to the issue of a warrant of
commitment under this section.
48. Calculation of prison term for default in
payment of monetary penalty
(1) A term of imprisonment to which an
offender is sentenced under section 46 or
47 is to be calculated at the rate of one
day of imprisonment for each prescribed
unit or part prescribed unit of the
monetary penalty outstanding.
(2) Subject to subsection (3), the maximum
term of imprisonment to which a person
may be sentenced under section 46 or 47
is 12 months.
(3) The maximum term of imprisonment to
which a person convicted of an offence
under the Living Marine Resources
Management Act 1995 in respect of
which a special penalty under section
267 of that Act has been imposed and
remains outstanding, is 12 months for a
first offence and 2 years for a subsequent
offence.
7. Section 51 is amended as follows:
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Monetary Penalties Enforcement (Transitional Arrangements
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(a) by omitting from subsection (4)
"appropriate clerk of petty sessions" and
substituting "Director, MPES";
(b) by inserting the following subsection
after subsection (4):
(4A) Where an offender is received
into prison under a warrant of
commitment issued under this
Part, the DCS must notify the
Director, MPES of that fact
within 5 days of that receipt into
prison.
8. Section 52(b) is amended by omitting "a clerk of
petty sessions" and substituting "the Director,
MPES".
9. Section 54 is repealed.
Trade Measurement (Tasmania) Administration Act 1999
1. Section 8 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
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2. Sections 9 and 10 are repealed.
3. Sections 12 and 13 are repealed.
Trade Measurement (Tasmania) Administration Regulations
2000
1. Regulation 5 is rescinded.
2. Schedule 3 is rescinded.
Traffic (Compliance and Enforcement) Regulations 2001
1. Regulation 4 is rescinded.
Traffic Act 1925
1. Section 3(1) is amended by inserting after the
definition of "council clerk" the following
definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement Service
appointed under section 8 of the
Monetary Penalties Enforcement Act
2005;
2. Section 43H is amended as follows:
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(a) by omitting subsections (2), (3), (4),
(4A), (5), (5A), (5B) and (6) and
substituting the following subsections:
(2) Where proceedings under section
39(2) of the Monetary Penalties
Enforcement Act 2005 are
brought against a person for an
offence set out in a traffic
infringement notice, he or she is
not entitled to dispute the date of
service of the notice unless,
within 21 days after the date of
service of the complaint and
summons, he or she has
submitted a defence to the
complaint and summons
including notice of his or her
intention to dispute that date.
(3) A traffic infringement notice is to
specify the number of demerit
points, if any, in respect of the
offence or offences to which the
notice relates.
(4) A traffic infringement notice is to
be in accordance with section 14
of the Monetary Penalties
Enforcement Act 2005.
(b) by omitting subsections (7) and (8).
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3. Section 43HA is repealed and the following
section is substituted:
43HA. Notification of driver by statutory
declaration
(1) Where a person on whom a traffic
infringement notice has been served
under section 43H provides, within 28
days following service of the notice, a
statutory declaration to the relevant
police officer or authorised officer stating
the name and address of the person who
was in charge of the vehicle at all
relevant times relating to the alleged
offence, the statutory declaration, if
produced in any proceedings against the
person named in the declaration and in
respect of the offence to which the
declaration relates, is evidence
(a) in the case of a parking offence,
that the person named in the
declaration was in charge of the
vehicle at all times relevant to
that offence; or
(b) in the case of any other
prescribed offence, that the
person named in the declaration
was the driver of the vehicle at
the time when the offence
occurred.
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(2) A statutory declaration made in
accordance with this section is to be
treated as an application for withdrawal
of the traffic infringement notice under
section 23(1)(a) or 24(1)(a) of the
Monetary Penalties Enforcement Act
2005.
4. Sections 43J and 43K are repealed.
5. Section 43L is amended by omitting subsection
(3).
6. Section 43M is amended as follows:
(a) by omitting from subsection (1) "a clerk
of petty sessions" and substituting "the
Director, MPES";
(b) by omitting from subsection (2) "a clerk
of petty sessions" and substituting "the
Director, MPES".
7. Section 54 is amended by inserting after
subsection (2) the following subsection:
(2A) If a person wishes to rely on a defence
under subsection (2), he or she must
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(a) lodge with the Director, MPES a
notice of election to have the
matter heard in court; or
(b) provide a statutory declaration
under section 43HA.
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2000
1. Regulation 3(1) is amended by inserting after the
definition of "dealer" the following definition:
"Director, MPES" means the Director,
Monetary Penalties Enforcement Service
appointed under section 8 of the
Monetary Penalties Enforcement Act
2005;
2. Regulation 64(1) is amended as follows:
(a) by omitting from paragraph (k)
"vehicle." and substituting "vehicle; or";
(b) by inserting the following paragraph after
paragraph (k):
(l) the Registrar is directed to do so
by the Director, MPES.
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Vehicle and Traffic Act 1999
1. Section 19A is amended as follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) If a person who commits an
excessive speeding offence is
taken to have been convicted of
that offence in accordance with
section 20 of the Monetary
Penalties Enforcement Act 2005
(a) the person is, by that
conviction, disqualified
from driving for a period
starting and ending on the
dates specified in a notice
of disqualification served
on the person by the
Registrar; and
(b) if the person holds an
Australian driver licence,
the licence is suspended
for the period of the
disqualification.
(b) by omitting subsection (4).
2. Section 22 is amended as follows:
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(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) the person is taken to have been
convicted of that offence in
accordance with section 20 of the
Monetary Penalties Enforcement
Act 2005
(b) by omitting paragraph (c) from
subsection (2) and substituting the
following paragraph:
(c) the person is taken to have been
convicted of that offence in
accordance with section 20 of the
Monetary Penalties Enforcement
Act 2005
(c) by omitting from subsection (3)
"accepting the traffic infringement
notice" and substituting "being taken to
have been convicted of that offence in
accordance with section 20 of the
Monetary Penalties Enforcement Act
2005".
Water Efficiency Labelling and Standards Act 2005
1. Section 40 is amended by inserting after
subsection (3) the following subsection:
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Monetary Penalties Enforcement (Transitional Arrangements
and Consequential Amendments) Act 2007
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(4) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 40A, 40B, 40C, 40D, 40E, 40F and
40G are repealed.
Water Management Act 1999
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "infrastructure":
"infringement notice" means an
infringement notice served under
Division 1 of Part 13;
(b) by omitting the definition of "water
infringement notice".
2. Section 64(c)(ii) is amended by omitting "a
water infringement notice" and substituting "an
infringement notice".
3. Section 98(1)(d) is amended by omitting "a
water infringement notice" and substituting "an
infringement notice".
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4. Division 1 of Part 13 is repealed and the
following Division is substituted:
Division 1 Infringement notices
252. Infringement notices
(1) Where an authorised officer is satisfied
that a person has committed an offence
or offences against this Act, he or she
may serve on that person an infringement
notice in respect of that offence or those
offences by delivering it to that person or
by sending it to that person by post.
(2) An infringement notice is to specify the
number of demerit points, if any,
applicable in respect of the offence or
offences to which the notice relates.
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
5. Section 257 is amended by omitting "of an
offence against this Act or accepts a water
infringement notice" and substituting ", or taken
to have been convicted in accordance with
section 20 of the Monetary Penalties
Enforcement Act 2005, of an offence against this
Act".
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and Consequential Amendments) Act 2007
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6. Section 294(2) is amended by omitting "a water
infringement notice" and substituting "an
infringement notice".
Water Management Regulations 1999
1. Regulation 4(4) is amended by omitting "a
water" and substituting "an".
2. Regulation 15 is amended by omitting "a water"
and substituting "an".
3. Regulation 16(1) is amended by omitting
"accepts a water infringement notice" and
substituting "is taken to have been convicted of
an offence specified in an infringement notice
under section 20 of the Monetary Penalties
Enforcement Act 2005".
Weed Management Act 1999
1. Section 61 is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
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Act No. of
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2. Sections 62, 63, 64 and 65 are repealed.
3. Sections 67, 68 and 69 are repealed.
Wellington Park Act 1993
1. Section 71A is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 71B, 71C, 71D, 71E, 71F and 71G are
repealed.
Workers Rehabilitation and Compensation Act 1988
1. Section 148A is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 148B, 148C, 148D and 148E are
repealed.
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and Consequential Amendments) Act 2007
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3. Sections 148G, 148H and 148I are repealed.
Workers Rehabilitation and Compensation Regulations 2001
1. Regulation 26 is rescinded.
Workplace Health and Safety Act 1995
1. Section 46A is amended by inserting after
subsection (2) the following subsection:
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
2. Sections 46B, 46C, 46D, 46E, 46F, 46G, 46H
and 46I are repealed and the following section is
substituted:
46B. Payments to Board
Any payments in respect of an
infringement notice are payable to the
Board.
Workplace Health and Safety Regulations 1998
1. Regulation 128A is amended by omitting "and
section 46B(1)(b)(ii)".
48 Government Printer, Tasmania