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TASMANIA
__________
MONETARY PENALTIES ENFORCEMENT
(CONSEQUENTIAL AMENDMENTS) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Effect of certain consequential amendments
4. Consequential Amendments
Schedule 1 Consequential Amendments
[Bill 19]-IV
2
MONETARY PENALTIES ENFORCEMENT
(CONSEQUENTIAL AMENDMENTS) BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend certain Acts and statutory rules
consequent on the enactment of the Monetary Penalties
Enforcement Act 2005
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 (Consequential Amendments) Act
2008.
2. Commencement
This Act commences on the day on which
section one of the Monetary Penalties
Enforcement Act 2005 commences.
3. 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
[Bill 19] 3
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provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
4. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
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SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 4
Appeal Costs Fund Act 1968
1. Section 2 is amended by inserting after the
definition of "court of summary jurisdiction" 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 6(1)(a) is amended by omitting "section
5" and substituting "section 5(1)".
3. After section 6, the following section is inserted:
6A. Fees to be sent to Registrar
The Director, MPES is to cause all fees
payable under section 5(2) to be sent to
the Registrar.
Environmental Management and Pollution Control
(Environmental Infringement Notices) Regulations 2006
1. Regulation 4 is rescinded.
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2. Schedule 1 is rescinded.
Environmental Management and Pollution Control Act 1994
1. Section 3(1) is amended as follows:
(a) by omitting "Commonwealth;" from the
definition of "waters within the limits of
the State" and substituting
"Commonwealth.";
(b) by omitting the definition of "withdrawal
notice".
2. Section 70 is amended by omitting subsection
(2).
Irrigation Clauses Act 1973
1. Section 2(1) is amended as follows:
(a) by omitting "Act;" from the definition of
"water district" and substituting "Act.";
(b) by omitting the definition of "withdrawal
notice".
Local Government (Highways) Act 1982
1. Section 97 is amended as follows:
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(a) by inserting the following penalty after
paragraph (d) in subsection (1):
Penalty: In the case of
(a) a first or second offence, a
fine not less than 0.5 of a
penalty unit and not
exceeding one penalty
unit; or
(b) a third or subsequent
offence, a fine not less
than one penalty unit and
not exceeding 2 penalty
units.
(b) by omitting subsections (4) and (5);
(c) by omitting from subsection (6) "to a
complaint for a forfeit under" and
substituting "in proceedings for an
offence against";
(d) by omitting from subsection (6)(a) "a
forfeit for" and substituting "an offence
of";
(e) by omitting from subsection (6)(b) "a
forfeit for" and substituting "an offence
of";
(f) by omitting from subsection (9) "a
forfeit" and substituting "an offence";
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(g) by omitting from subsection (10) "for a
forfeit";
(h) by omitting from subsection (10)(b)
"forfeit" and substituting "penalty";
(i) by omitting from subsection (11) "a
forfeit" and substituting "an offence".
2. Section 98 is amended as follows:
(a) by omitting from subsection (1) "who
places or leaves" and substituting "must
not place or leave";
(b) by omitting from subsection (1) "is liable
on summary conviction to forfeit to the
corporation not less than the sum of 0·5
penalty unit and not more than the sum
of 1 penalty unit for a first or second
conviction and not less than the sum of 1
penalty unit and not more than the sum
of 2 penalty units for a subsequent
conviction";
(c) by inserting the following penalty after
subsection (1):
Penalty: In the case of
(a) a first or second offence, a
fine not less than 0.5 of a
penalty unit and not
exceeding one penalty
unit; or
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(b) a third or subsequent
offence, a fine not less
than one penalty unit and
not exceeding 2 penalty
units.
(d) by omitting subsection (2);
(e) by omitting from subsection (3) "a
forfeit" and substituting "an offence";
(f) by omitting from subsection (5) "a
forfeit" and substituting "an offence";
(g) by omitting from subsection (6) "for a
forfeit";
(h) by omitting from subsection (6)(b)
"forfeit" and substituting "penalty";
(i) by omitting from subsection (7) "a
forfeit" and substituting "an offence".
3. Section 99 is amended as follows:
(a) by omitting from subsection (9) "who
parks" and substituting "must not park";
(b) by omitting from subsection (9) "allows"
and substituting "allow";
(c) by omitting from subsection (9) "is liable
on summary conviction to forfeit to the
corporation the sum of 0·5 penalty unit
for a first or second conviction and the
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sum of 1 penalty unit for a subsequent
conviction";
(d) by inserting the following penalty after
subsection (9):
Penalty: A fine not less than 0.5 penalty
units and not exceeding one
penalty unit.
(e) by omitting subsection (10);
(f) by omitting from subsection (11) "a
forfeit" and substituting "an offence";
(g) by omitting from subsection (13) "for a
forfeit";
(h) by omitting from subsection (14) "for a
forfeit";
(i) by omitting from subsection (14)(b)
"forfeit" and substituting "penalty";
(j) by omitting from subsection (15) "for a
forfeit".
4. Sections 100 and 101 are repealed and the
following section is substituted:
100. Infringement notices
(1) A parking attendant may serve an
infringement notice on a person if of the
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opinion that the person has committed an
offence under section 97, 98 or 99.
(2) An infringement notice under
subsection (1) may be served by affixing
it to the vehicle or other thing in respect
of which the offence occurred.
(3) An infringement notice is to be in
accordance with section 14 of the
Monetary Penalties Enforcement Act
2005.
(4) The prescribed penalty for an
infringement notice issued for an offence
under section 97, 98 or 99 is the sum
specified in by-laws of the corporation
under whose authority the notice was
issued.
(5) Different sums may be specified for the
purposes of subsection (4) according to
the nature of the offence and whether
payment is made within a specified time.
(6) A person issued with an infringement
notice under subsection (1) who wishes
to rely on a defence under section 97, 98
or 99 may either elect to have the matter
heard in court within the time allowed or
provide a statutory declaration to the
corporation within 28 days of the issue of
the infringement notice setting out the
details of the defence on which the
person wishes to rely.
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(7) A statutory declaration provided to the
corporation under subsection (6) is
deemed to be an application for
withdrawal of an infringement notice
under section 24 of the Monetary
Penalties Enforcement Act 2005.
(8) A person who removes a notice affixed
to a vehicle or other thing under
subsection (1) so that its contents do not
become known to the person in charge of
the vehicle is guilty of an offence and is
liable on summary conviction to a fine
not exceeding one penalty unit.
5. Section 102(1) is amended by omitting "forfeit
or composition has been made" and substituting
"the monetary penalty has been paid".
6. Section 103(2) is amended by omitting
paragraphs (a), (b), (c) and (d) and substituting
the following paragraphs:
(a) a fine imposed by a court for an offence
under section 97, 98 or 99;
(b) a monetary penalty payable in respect of
an infringement notice issued for an
offence under section 97, 98 or 99;
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Monetary Penalties Enforcement Act 2005
1. Section 3 is amended as follows:
(a) by omitting "fees" from the definition of
"debt" and substituting "amount";
(b) by omitting "Court " from paragraph (b)
of the definition of "fine" and
substituting "Court; and";
(c) by inserting the following paragraph after
paragraph (b) in the definition of "fine":
(c) a compensation levy under the
Victims of Crime Compensation
Act 1994
(d) by omitting "fees" from the definition of
"monetary penalty" and substituting
"amount".
2. After section 14, the following section is inserted
in Division 1:
14A. Authorised person may require name, &c.
(1) A person authorised by law to issue an
infringement notice (the authorised
person) may require a person to give his
or her name, address and date of birth if
the authorised person reasonably believes
that the person has committed an offence
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for which an infringement notice may be
issued.
(2) A person must not fail or refuse to
comply with a requirement under
subsection (1) or, in response to such a
requirement, state a name, address or
date of birth that is false.
Penalty: Fine not exceeding 2 penalty
units.
3. Section 15(2)(b) is amended by omitting "fee"
and substituting "amount".
4. Section 18(2)(c) is amended by omitting "fee"
and substituting "amount".
5. Section 27(2)(a) is amended by omitting "and
accompanied by the prescribed fee".
6. Section 36 is amended as follows:
(a) by inserting in subsection (1) ", (3A)"
after "(3)";
(b) by inserting the following subsection
after subsection (1):
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(1A) The penalty for an offence under
section 36(1) of the Sentencing
Act 1997 in respect of an MPCSO
is a fine not exceeding 10 penalty
units or imprisonment for a
period not exceeding 3 months.
(c) by inserting the following subsection
after subsection (2):
(3) If an offender is found guilty of
an offence under section 36(1) of
the Sentencing Act 1997 in
respect of an MPCSO, the
Director MPES, after consultation
with the Director, Community
Corrections, may revoke the
MPCSO and enforce payment by
other means of the monetary
penalty for which the MPCSO
was issued.
7. Section 40 is amended as follows:
(a) by omitting from subsection (1) "penalty
rescinded or reduced" and substituting
"total penalty varied";
(b) by omitting subsection (6) and
substituting the following subsections:
(6) The court may allow an
application to vary a penalty if
satisfied that the offender has
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provided valid and relevant
reasons why
(a) he or she did not elect to
have the matter heard by a
court within the time
allowed by the
infringement notice; and
(b) the penalty should be
different from the penalty
imposed under the
infringement notice.
(7) If the Court decides to grant an
application it must set aside the
total original penalty imposed by
the infringement notice and
substitute a new penalty.
(8) A new penalty substituted under
subsection (7) is to be in
accordance with section 7 of the
Sentencing Act 1997.
8. Section 45(2) is amended by omitting "fees" and
substituting "amount".
9. After section 112, the following section is
inserted in Division 2:
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112A. Penalty may be increased if enforcement
action is required
If the Director issues an enforcement
order or imposes any administrative
sanction or civil sanction against an
enforcement debtor, the monetary
penalty owed by the enforcement debtor
is increased by the prescribed amount.
10. Section 122 is amended as follows:
(a) by inserting in subsection (1B) "and
before the day on which section 1
commences" after "after
1 December 2007";
(b) by inserting the following subsection
after subsection (1E):
(1F) If a person who is subject to an
order imposing a fine made
before the day on which section 1
commences applies to the
Director for a variation of
payment conditions in relation to
that order, the order is to be dealt
with under this Act as though it
were an order made after that
day.
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Police Offences (Liquor) Regulations 2005
1. Regulation 4 is amended by omitting "section
62(2) of".
Sentencing Act 1997
1. Section 4 is amended by omitting the definition
of "pecuniary sum".
2. Section 44 is amended by inserting after
subsection (3) the following subsection:
(4) An order under subsection (1) or (2) may
be made so as to apply from
(a) the date of conviction; or
(b) if the offender is sentenced to a
term of imprisonment that is not
wholly suspended, the date on
which the offender is released in
respect of that term.
3. Section 52 is amended by omitting "warrant of
apprehension or commitment issued against an
offender under section 47 or 49" and substituting
"warrant of commitment under section 46".
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4. Section 53(2) is amended by inserting "or the
Monetary Penalties Enforcement Act 2005" after
"section 47".
Sentencing Regulations 1998
1. Regulation 4 is amended as follows:
(a) by omitting subregulation (1);
(b) by omitting from subregulation (2)
"section 49" and substituting "section
46".
2. Regulation 5 is amended by omitting "sections
48(2), (5), 50 and 51(1)" and substituting
"section 48(1)".
Traffic Act 1925
1. Section 3(1) is amended as follows:
(a) by omitting "only;" from the definition of
"vehicle" and substituting "only.";
(b) by omitting the definition of "withdrawal
notice".
2. Section 43L is amended by omitting subsection
(2).
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Victims of Crime Compensation Act 1994
1. Section 3 is amended by inserting after the
definition of "compensation levy" 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 7 is amended as follows:
(a) by omitting from subsection (1)(b) "a
period specified by the court;" and
substituting "28 days.";
(b) by omitting paragraph (c) from
subsection (1);
(c) by omitting from subsection (3) "14" and
substituting "28".
3. Section 8 is amended as follows:
(a) by omitting from subsection (1) "a clerk
of petty sessions" and substituting "the
Director, MPES";
(b) by inserting in subsection (2) "or in a
court of summary jurisdiction" after
"Court";
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(c) by omitting from subsection (2) "a clerk
of petty sessions" and substituting "the
Director, MPES";
(d) by omitting subsection (3);
(e) by omitting from subsection (4)(d) "any
clerk of petty sessions" and substituting
"the Director, MPES".
4. Section 9(1) is amended by omitting "provided
by sections 47 and 53 of the Sentencing Act 1997
for the enforcement of fines" and substituting "a
fine under the Monetary Penalties Enforcement
Act 2005".
Government Printer, Tasmania 21