Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MONETARY PENALTIES ENFORCEMENT BILL
2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
5. Act binds Crown
6. Meaning of court
7. Fee-paying public sector bodies and non-fee-paying public
sector bodies
PART 2 MONETARY PENALTIES ENFORCEMENT SERVICE
8. Appointment of Director, Monetary Penalties Enforcement
Service
9. Director to collect and enforce monetary penalties
10. Functions and powers of Director
11. Delegation
12. Staff
13. Protection from liability
[Bill 76]-IX
PART 3 INFRINGEMENT NOTICES
Division 1 Infringement notices generally
14. Form of infringement notices
15. Options for dealing with infringement notice issued by non-fee-
paying public sector body
16. Referral to Director of infringement notice served by non-fee-
paying public sector body
17. Options for dealing with infringement notice issued by fee-
paying public sector body
18. Referral to Director of infringement notice issued by fee-paying
public sector body
19. Non-application of certain sections to approved fee-paying
public sector bodies
20. Offender taken to have been convicted
21. Election to have matter heard by court
22. Notification or referral to Director to be electronic
Division 2 Withdrawal of infringement notice
23. Withdrawal of infringement notice by non-fee-paying public
sector body
24. Withdrawal of infringement notice by fee-paying public sector
body
25. Effect of withdrawal of infringement notice
26. Crown not liable where infringement notice withdrawn or
deemed conviction set aside
Division 3 Variation of payment conditions
27. Application to Director for variation of payment conditions
28. Application to fee-paying public sector body for variation of
payment conditions
29. Application for variation of payment conditions not to include
MPCSO in certain circumstances
30. Refusal of application for MPCSO
31. Director to refer application
32. Assessment of suitability for MPCSO
33. Issue of MPCSO
2
34. Requirements of MPCSO
35. Calculation, &c., of community service for default in payment of
fine
36. Breach of MPCSO
37. Payments and application of payments
38. Application of section 36 of Sentencing Act 1997 to MPCSO
Division 4 Hearing of offence by court
39. Hearing of offence by court
40. Application to court
PART 4 NOTIFICATION TO DIRECTOR OF ISSUE OF FINE
41. Collection of fines
42. Options for person subject to court order imposing fine
43. Director not responsible for civil enforcement
PART 5 ENFORCEMENT ORDERS
Division 1 Issue of enforcement order
44. Default by person served with infringement notice
45. Default by person subject to order imposing fine
46. Default in paying in accordance with variation of payment notice
Division 2 Enforcement orders
47. Contents of enforcement order
48. Obligations on enforcement debtor
49. Sanction may be in respect of all monetary penalties
50. Effect of appeal on enforcement order
Division 3 Suspension of certain enforcement orders
51. Application for suspension of enforcement order
52. Suspension of enforcement order
53. Revocation of suspension of enforcement order
PART 6 ADMINISTRATIVE ENFORCEMENT
54. Administrative sanctions
55. Suspension of driver licence
3
56. Registrar to suspend driver licence
57. Suspension of interstate driver licence
58. Effect of suspension of driver licence
59. Suspension of vehicle registration
60. Registrar to suspend vehicle registration
61. Suspension of interstate vehicle registration
62. Effect of suspension of vehicle registration
63. Suspension of prescribed licence
64. Licence issuer to give effect to sanction
65. Publication of name of enforcement debtor
PART 7 CIVIL ENFORCEMENT
Division 1 Preliminary
66. Civil sanctions
67. Warrant to be signed and sealed
Division 2 Enforcement warrants imposing charge on land
68. Enforcement warrant imposing charge on registered land
69. Effect of enforcement warrant imposing charge on land
70. Discharge of enforcement warrant issued under this Division
71. No fees or duties payable
72. Offence of dealing with land
Division 3 Warrants to seize and sell property
73. Enforcement warrant to enable seizure and sale of property
74. Search warrants
75. Process required before entry to warrant premises
76. Refusal, &c., of admission of enforcement officer to warrant
premises
77. Property may be excluded from operation of enforcement
warrant
78. Occupier entitled to be present during search
79. Powers supporting seizure
80. Seizure of property
4
81. Receipts for things seized under warrant
82. Offence to interfere with seized item
83. Enforcement officer to provide certificate on execution of
warrant
Division 4 Redirection of money owing to enforcement debtor
84. Issue of order for redirection of money owing
85. Director may cancel or vary redirection of money owing orders
86. When Director may issue order for redirection of earnings
87. Two or more employers of one employee
88. Amount to be deducted
89. Provisions for working out earnings for section 88
90. Additional duties of employers
91. Discharge of enforcement debtor's liability to Director and
employer's liability to enforcement debtor
92. Payment by trustees of deducted amounts
93. Employers not to prejudice employees because of action under
this part
94. Employers not to disclose information, &c.
95. Records to be kept by employers
96. Access to premises, &c.
97. Order of payment if 2 or more amounts due
98. Order to redirect debt owed to enforcement debtor
99. Debt to enforcement debtor discharged
Division 5 General provisions
100. Power of person executing enforcement warrant or search
warrant
101. Offence of obstructing enforcement officer
102. Obligation to provide information
PART 8 IMPRISONMENT
103. Issue of warrant of commitment
104. Director may suspend execution of the warrant of commitment
5
PART 9 RECIPROCAL ENFORCEMENT
105. Enforcement of Tasmanian monetary penalty by reciprocating
court
106. Enforcement of monetary penalty imposed by reciprocating
court
107. Declaration of reciprocating court
108. Director taken to be officer of court
PART 10 MISCELLANEOUS
Division 1 Uncollectable amounts
109. Amount may be deemed to be uncollectable
Division 2 Miscellaneous
110. Electronic transmission of particular documents
111. Order of satisfaction of monetary penalties
112. Order of satisfaction if more than one enforcement order
113. Dishonoured cheques, &c.
114. Use of personal information
115. Information from Commissioner of Tasmania Police
116. Information from public sector bodies
117. Deductions from awards made under Victims of Crime
Assistance Act 1976
118. Change of address to be notified
119. Orders, &c., to be taken to be issued by court
120. Non-reviewable decision
121. Annual report
122. Savings and transitional provisions
123. Regulations
124. Administration of Act
6
MONETARY PENALTIES ENFORCEMENT BILL
2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to provide for the appointment of the Director of
the Monetary Penalties Enforcement Service and the
collection and enforcement of payment of monetary
penalties
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Monetary Penalties
Enforcement Act 2005.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 76] 7
s. 3 No. Monetary Penalties Enforcement 2005
3. Interpretation
In this Act, unless the contrary intention
appears
"administrative enforcement" means the
imposition of an administrative sanction
under Part 6;
"approved" means approved by the Director;
"Australian driver licence" has the same
meaning as in the Vehicle and Traffic Act
1999;
"civil enforcement" means the imposition of
a civil sanction under Part 7;
"Commissioner" means a Commissioner
within the meaning of the Victims of
Crime Assistance Act 1976;
"conveyance" includes an aircraft, vehicle or
vessel;
"court" means a court as defined in section 6;
"debt" means any amount stated in an
enforcement order that remains unpaid,
including any prescribed fees imposed by
or under this Act, and any other costs
made recoverable under this Act;
"Director" means the Director, Monetary
Penalties Enforcement Service appointed
under section 8;
"Director, Community Corrections" means
the person appointed under the State
Service Act 2000 to manage probation
8
2005 Monetary Penalties Enforcement No. s. 3
officers working on community
corrections programs under section 88 of
the Corrections Act 1997;
"discharge", in respect of a monetary penalty
or a debt, means
(a) to pay in full; or
(b) to complete a period of
community service in accordance
with an MPCSO; or
(c) to complete a period of
imprisonment imposed in respect
of the non-payment of the debt;
or
(d) to have the Director deem the
debt to be uncollectable in
accordance with section 109; or
(e) any combination of paragraphs
(a) to (d) which fully satisfies the
debt;
"driver licence" has the same meaning as in
the Vehicle and Traffic Act 1999;
"earnings", in relation to an enforcement
debtor, means any amount payable to the
enforcement debtor by way of wages or
salary and any other emolument payable
in addition to wages or salary;
"enforcement costs" means any costs
incurred in enforcing payment of a
monetary penalty under this Act;
9
s. 3 No. Monetary Penalties Enforcement 2005
"enforcement debtor" means a person to
whom an enforcement order has been
issued under Part 5;
"enforcement officer" means a person
engaged under section 10(2)(a) or
appointed under section 12(3);
"enforcement order" means an enforcement
order issued under Part 5;
"enforcement warrant" means an
enforcement warrant issued under Part 7;
"fee-paying public sector body" means a
public sector body referred to in
section 7(1);
"fine" means the sum of money payable by an
offender under an order of a court made
on the offender being convicted of an
offence and includes
(a) a sum of money payable as costs;
and
(b) a compensation order made by
the Magistrates Court
but does not include a restitution order;
"Government Business Enterprise" means a
Government Business Enterprise within
the meaning of the Government Business
Enterprises Act 1995;
"infringement notice" means a notice,
including a traffic infringement notice,
which
10
2005 Monetary Penalties Enforcement No. s. 3
(a) is authorised by an Act; and
(b) sets out particulars of an alleged
offence; and
(c) gives an alleged offender the
option of paying the penalty set
out in the notice or electing to
have the matter dealt with in
court;
"issuing authority" means a public sector
body which issues an infringement
notice;
"land" has the same meaning as in the Land
Titles Act 1980;
"licence issuer" means a person with the
statutory authority to issue a prescribed
licence;
"monetary penalty" means a fine or a
penalty set out in an infringement notice
and any prescribed fees and other costs
recoverable under this Act;
"MPCSO" means a Monetary Penalty
Community Service Order issued under
section 33;
"non-fee-paying public sector body" means
a public sector body referred to in
section 7(3);
"notice of election" means a notice of
election under section 15(1)(d);
"notification" includes notice given in an
electronic form approved by the Director;
11
s. 3 No. Monetary Penalties Enforcement 2005
"probation officer" means a person
appointed as a probation officer or an
honorary probation officer under section
5 of the Corrections Act 1997;
"property" means personal property
comprising goods or chattels;
"protected earnings amount", for a period
for which earnings are paid, means the
amount calculated by applying the
protected earnings rate to that period;
"protected earnings rate" has the meaning
given by section 4 of the Child Support
(Registration and Collection) Act 1988 of
the Commonwealth;
"public sector body" means any of the
following:
(a) an Agency as defined in the State
Service Act 2000;
(b) a statutory board;
(c) a holder of a statutory office;
(d) a Government Business
Enterprise under the Government
Business Enterprises Act 1995;
(e) a council;
(f) a body whose members, or a
majority of whose members, are
appointed by the Governor or a
Minister;
12
2005 Monetary Penalties Enforcement No. s. 3
(g) a department, authority or agency
of the Commonwealth
government;
(h) a prescribed body;
"Recorder" means the Recorder of Titles
appointed under section 4(1) of the Land
Titles Act 1980;
"reciprocating court" means a court declared
under section 107 to be a reciprocating
court for the purposes of this Act;
"redirection of money owing order" means
an order issued under section 84(1);
"Register" has the same meaning as in the
Land Titles Act 1980;
"registered land" means land which is
subject to the Land Titles Act 1980;
"registered operator" has the same meaning
as in the Vehicle and Traffic Act 1999;
"registered proprietor" means any person
appearing by a folio of the Register, or
by any registered dealing, to be the
proprietor of any estate or interest in
registered land;
"Registrar" means the Registrar of Motor
Vehicles appointed under section 5 of the
Vehicle and Traffic Act 1999;
"restitution order" means a restitution order
within the meaning of the Sentencing Act
1997;
13
s. 4 No. Monetary Penalties Enforcement 2005
"search warrant" means a search warrant
under Part 7;
"specified land" means land specified in a
notice under section 68(3);
"warrant of commitment" means a warrant
of commitment under Part 8;
"warrant premises" means
(a) premises in relation to which a
search warrant or an enforcement
warrant is in force; and
(b) where a warrant is to be executed
against property which is a
conveyance, the place at which
the conveyance is hangared,
parked or moored.
4. Application of Act
(1) This Act does not apply to a person sentenced
under the Youth Justice Act 1997 other than to
the extent that the Director may accept payment
of a monetary penalty, in whole or in part, from
the person.
(2) Notwithstanding subsection (1) of this section
and section 103(3) of the Youth Justice Act 1997,
this Act applies to a person sentenced under that
Act who upon attaining 18 years of age remains
in default of payment of any monetary penalty.
14
2005 Monetary Penalties Enforcement No. s. 5
5. Act binds Crown
(1) This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
(2) The Crown in any of its capacities is not liable to
be prosecuted for an offence under this Act.
6. Meaning of court
(1) Subject to subsection (2), "court" means a court
of summary jurisdiction within the meaning of
the Justices Act 1959.
(2) A court when constituted by one or more justices
may only exercise the jurisdiction prescribed by
rules of court made under section 144 of the
Justices Act 1959.
7. Fee-paying public sector bodies and non-fee-paying
public sector bodies
(1) If a public sector body issues an infringement
notice that imposes a penalty of which any part
is payable otherwise than into the Consolidated
Fund, the Director may charge the body a fee for
the collection of the penalty.
(2) A public sector body referred to in subsection (1)
is to be known as a fee-paying public sector
body.
(3) If a public sector body issues an infringement
notice that imposes a penalty which is payable
wholly into the Consolidated Fund, the Director
15
s. 7 No. Monetary Penalties Enforcement 2005
must not charge the body a fee for the collection
of the penalty.
(4) A public sector body referred to in subsection (3)
is to be known as a non-fee-paying public sector
body.
16
2005 Monetary Penalties Enforcement No. s. 8
PART 2 MONETARY PENALTIES ENFORCEMENT
SERVICE
8. Appointment of Director, Monetary Penalties
Enforcement Service
Subject to and in accordance with the State
Service Act 2000, the Premier may appoint a
person as Director, Monetary Penalties
Enforcement Service.
9. Director to collect and enforce monetary penalties
(1) The Director is the sole authority for collection
and enforcement of a fine, except where the fine
is imposed for an offence against a law of the
Commonwealth.
(2) The Director is the sole authority for collection
and enforcement of any monetary penalty
imposed by an infringement notice issued by a
non-fee-paying public sector body and referred
to the Director.
(3) The Director is the sole authority for
enforcement of any monetary penalty imposed
by an infringement notice issued by a fee-paying
public sector body and, if the notice is referred to
the Director by that body, the Director also
becomes the sole authority for collection of
money paid under the notice.
(4) Notwithstanding subsection (1), a fee-paying
public sector body may enforce payment of a
fine through the Civil Division of the
Magistrates Court or the Supreme Court, if the
17
s. 10 No. Monetary Penalties Enforcement 2005
infringement notice has not been referred to the
Director or has been deemed by the Director to
be uncollectable.
10. Functions and powers of Director
(1) The Director
(a) is to perform such functions and may
exercise such powers as are imposed or
conferred on him or her by or under this
or any other Act; and
(b) is to perform any other functions the
Minister directs.
(2) Without limiting subsection (1), the Director has
the following powers:
(a) to engage under contract as an
enforcement officer a person who has
been appointed as an assistant bailiff
under the Magistrates Court (Civil
Division) Act 1992;
(b) to deem an unpaid monetary penalty to
be uncollectable in full or in part in
accordance with section 109;
(c) to waive or reduce a fee or charge
payable under this Act.
(3) The Director may do anything necessary or
convenient to perform any of his or her functions
under this Act.
(4) The Director has an official seal.
18
2005 Monetary Penalties Enforcement No. s. 11
(5) The signature and seal of the Director may be in
electronic form and may be applied
electronically.
(6) A court or tribunal acting judicially is to take
judicial notice of the Director's signature and
seal.
11. Delegation
The Director may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
12. Staff
(1) Subject to and in accordance with the State
Service Act 2000, persons may be appointed for
the purpose of enabling the Director to perform
his or her functions or exercise his or her powers
under this or any other Act.
(2) The Director may make arrangements with the
Secretary of the Department for such State
Service officers and State Service employees
employed in the Department as may be
considered necessary to be made available to
enable the Director to perform his or her
functions or exercise his or her powers under this
or any other Act.
(3) The Director may appoint as an enforcement
officer a person who is
(a) a State Service employee or State Service
officer appointed under this section; and
19
s. 13 No. Monetary Penalties Enforcement 2005
(b) an assistant bailiff under the Magistrates
Court (Civil Division)Act 1992.
13. Protection from liability
(1) An officer does not incur any personal liability
in respect of an act done, or omitted to be done,
by him or her in good faith in the performance or
exercise, or purported performance or exercise,
of any of his or her functions or powers under
this Act.
(2) Subsection (1) does not preclude the Crown
from incurring liability that an officer would, but
for that subsection, incur.
(3) In this section, "officer" means
(a) the Director; or
(b) any person appointed under section 12;
or
(c) an enforcement officer.
20
2005 Monetary Penalties Enforcement No. s. 14
PART 3 INFRINGEMENT NOTICES
Division 1 Infringement notices generally
14. Form of infringement notices
An infringement notice is to
(a) specify the following:
(i) the offence or offences in respect
of which it is served;
(ii) the prescribed penalty or
penalties that are applicable;
(iii) if the notice relates to more than
one offence, the total amount
payable;
(iv) the payment procedures
available;
(v) any other details prescribed under
this Act or the Act that creates the
offence; and
(b) inform the person on whom it is served
that, if he or she wishes to have any of
the offences 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
infringement notice; and
(c) inform the person on whom it is served
that, if he or she does not lodge a notice
of election within 28 days of the service
of the infringement notice and the
21
s. 15 No. Monetary Penalties Enforcement 2005
infringement notice is not withdrawn, he
or she will be taken to be convicted of
the offence or offences set out in the
infringement notice and the monetary
penalty set out in the infringement notice
may be enforced under this Act.
15. Options for dealing with infringement notice issued
by non-fee-paying public sector body
(1) A person who is served with an infringement
notice that was issued by a non-fee-paying
public sector body must, within 28 days of the
date of service of the notice, do one or more of
the following:
(a) pay the monetary penalty in full to the
Director;
(b) apply to the issuing authority for
withdrawal of the infringement notice;
(c) apply to the Director for a variation of
payment conditions;
(d) lodge with the Director a notice of
election to have the offence or offences
set out in the infringement notice heard
and determined by a court.
(2) An application to the Director is to be
(a) in an approved form; and
(b) accompanied by the prescribed fee.
(3) The Director may approve or refuse to approve
an application under subsection (1)(c) and must
22
2005 Monetary Penalties Enforcement No. s. 16
notify the alleged offender of that approval or
refusal.
(4) If the alleged offender makes an election under
subsection (1)(d), he or she must lodge with the
Director a notice of election in the approved
form.
(5) If the alleged offender is notified of the refusal
of an application under subsection (1)(b), he or
she may
(a) pay the monetary penalty in full; or
(b) apply for variation of payment
conditions; or
(c) lodge a notice of election.
(6) If the alleged offender is notified of the refusal
of an application under subsection (1)(c), he or
she must pay the monetary penalty in full.
(7) If, when the alleged offender is notified under
subsection (5) or (6), the period referred to in
subsection (1) has expired or will expire within 3
days, that period is extended by a further 7 days
from the date the alleged offender receives the
notification.
16. Referral to Director of infringement notice served
by non-fee-paying public sector body
(1) A non-fee-paying public sector body that serves
an infringement notice must refer the notice to
the Director unless exempted by the Director.
23
s. 17 No. Monetary Penalties Enforcement 2005
(2) A non-fee-paying public sector body may apply
in writing to the Director for an exemption from
subsection (1) in relation to specific offences.
(3) The Director may grant or refuse to grant an
exemption in respect of a particular offence.
17. Options for dealing with infringement notice issued
by fee-paying public sector body
(1) A person who is served with an infringement
notice that was issued by a fee-paying public
sector body must, within the period allowed on
the notice and subject to subsection (6), do one
or more of the following:
(a) pay the monetary penalty in full to the
issuing authority;
(b) apply to the issuing authority for
withdrawal of the infringement notice;
(c) apply to the issuing authority for a
variation of payment conditions;
(d) lodge with the issuing authority a notice
of election to have the offence or
offences set out in the infringement
notice heard and determined by a court.
(2) A fee-paying public sector body may approve or
refuse to approve an application under this
section and must notify the alleged offender of
that approval or refusal.
(3) If the alleged offender makes an election under
subsection (1)(d), he or she must lodge with the
24
2005 Monetary Penalties Enforcement No. s. 18
issuing authority a notice of election in a form
specified by the issuing authority.
(4) If the alleged offender is notified of the refusal
of an application under subsection (1)(b), he or
she may
(a) pay the monetary penalty in full; or
(b) apply for variation of payment
conditions; or
(c) lodge a notice of election.
(5) If the alleged offender is notified of the refusal
of an application under subsection (1)(c), he or
she must pay the monetary penalty in full.
(6) If, when the alleged offender is notified under
subsection (4) or (5), the period referred to in
subsection (1) has expired or will expire within 3
days, that period is extended by a further 7 days
from the date the alleged offender receives the
notification.
18. Referral to Director of infringement notice issued
by fee-paying public sector body
(1) A fee-paying public sector body may refer an
infringement notice served by it to the Director
for enforcement.
(2) Referral of an infringement notice to the
Director
(a) must not be made less than 35 days after
the date of issue of the notice; and
25
s. 19 No. Monetary Penalties Enforcement 2005
(b) must not be made more than 6 months
after the date of issue of the notice; and
(c) must be accompanied by any prescribed
fee.
(3) A fee-paying public sector body which refers an
infringement notice under this section is
responsible for the accuracy of the details of the
notice at the time of referral.
19. Non-application of certain sections to approved fee-
paying public sector bodies
(1) A fee-paying public sector body, other than a
council, may apply to the Director for an
exemption from the application of section 9(3)
and sections 17 and 18.
(2) If the Director approves an application, the fee-
paying public sector body is taken to be a non-
fee-paying public sector body for the purposes of
section 9(1) and sections 15 and 16.
20. Offender taken to have been convicted
(1) If an alleged offender
(a) pays a penalty in part or in full; or
(b) applies to the Director or to the issuing
authority for a variation of payment
conditions; or
(c) takes no action under section 15(1)(a),
(b) or (c) or section 17(1)(a), (b) or (c) or
is refused an application under
26
2005 Monetary Penalties Enforcement No. s. 21
section 15(1)(b) or section 17(1)(b) and
does not elect to have the infringement
notice heard and determined by a court
within the time allowed
he or she is taken to have been convicted of the
offence.
(2) If a person pays a sum of money to the Director
in respect of a specific infringement notice, the
offender is taken to have been convicted of the
offence or offences specified in that
infringement notice.
(3) A conviction under subsection (1) is not to be
regarded as an admission of liability for the
purpose of, nor in any way affect or prejudice,
any civil claim, action or proceeding.
21. Election to have matter heard by court
(1) If an alleged offender elects to have matters
relating to any offence specified in an
infringement notice which has been referred to
the Director heard by a court
(a) the Director is to give notice of the
election to the issuing authority within 7
days of receiving such notice; and
(b) the issuing authority is responsible for
prosecuting the offences in the
infringement notice; and
(c) the Director is not to collect or enforce
payment of any monetary penalty
imposed by the infringement notice.
27
s. 22 No. Monetary Penalties Enforcement 2005
(2) If the issuing authority decides not to prosecute
the offence in the infringement notice, it must
notify the alleged offender of that decision.
22. Notification or referral to Director to be electronic
Notification or referral to the Director of a
matter under this Act is to be by electronic
means unless otherwise agreed with the Director.
Division 2 Withdrawal of infringement notice
23. Withdrawal of infringement notice by non-fee-
paying public sector body
(1) A non-fee-paying public sector body may
withdraw an infringement notice served by it at
any time
(a) on application by the alleged offender; or
(b) on its own motion.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) If an infringement notice is withdrawn by a non-
fee-paying public sector body, that body is to
(a) advise the alleged offender, in writing, of
the withdrawal; and
(b) if the infringement notice has been
referred to the Director, immediately
notify the Director in the approved
manner of the withdrawal of the
28
2005 Monetary Penalties Enforcement No. s. 23
infringement notice, quoting the
infringement notice number; and
(c) notify any relevant authority to enable
the cancellation or revocation of any
other penalty imposed as the result of the
operation of section 20 in respect of an
offence set out in the infringement
notice; and
(d) initiate the deletion of any conviction
imposed as the result of the operation of
section 20 from any record held by any
public sector body and the body holding
the record must make that deletion.
(4) Upon being notified of the withdrawal of an
infringement notice, the Director
(a) is to refund any penalty amount already
paid, unless the alleged offender has been
issued with an enforcement order in
respect of another monetary penalty, in
which case the amount already paid may
be taken to be in payment or part
payment of that other monetary penalty;
and
(b) is to cancel any relevant enforcement
order issued against the alleged offender;
and
(c) is not to collect or enforce payment of
any monetary penalty contained in the
infringement notice.
29
s. 24 No. Monetary Penalties Enforcement 2005
24. Withdrawal of infringement notice by fee-paying
public sector body
(1) A fee-paying public sector body may at any time
withdraw an infringement notice that has not
been referred to the Director
(a) on application by the alleged offender; or
(b) on its own motion.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) A fee-paying public sector body must not
withdraw an infringement notice that has been
referred to the Director except with the approval
of the Director.
(4) If an infringement notice is withdrawn by a fee-
paying public sector body, that body is to
(a) advise the alleged offender, in writing, of
the withdrawal; and
(b) if the infringement notice has been
referred to the Director, immediately
notify the Director in the approved
manner of the withdrawal of the
infringement notice, quoting the
infringement notice number; and
(c) initiate the deletion of any conviction
imposed as the result of the operation of
section 20 from any record held by any
public sector body and the body holding
the record must make that deletion; and
30
2005 Monetary Penalties Enforcement No. s. 25
(d) refund any part of the monetary penalty
already paid to the fee-paying public
sector body.
(5) If an infringement notice referred to the Director
by a fee-paying public sector body is withdrawn,
the Director
(a) is to refund any part of the monetary
penalty already paid to, and still held by,
the Director, unless the alleged offender
has been issued with an enforcement
order in respect of another monetary
penalty, in which case the amount
already paid may be taken to be in
payment or part payment of that other
monetary penalty; and
(b) is to cancel the relevant enforcement
order issued against the alleged offender;
and
(c) is not to collect or enforce payment of
any monetary penalty contained in the
infringement notice.
25. Effect of withdrawal of infringement notice
(1) If an infringement notice is withdrawn
(a) any conviction in respect of that
infringement notice by the operation of
section 20 of this Act is revoked and is
taken not to have occurred; and
(b) any payment of all or part of a penalty
imposed by the infringement notice is to
be repaid in full unless the alleged
31
s. 25 No. Monetary Penalties Enforcement 2005
offender has been issued with an
enforcement order in respect of another
monetary penalty, in which case the
amount already paid may be taken to be
in payment or part payment of that other
monetary penalty; and
(c) any sanction impose under Part 6 or 7 in
relation to that infringement notice is
revoked unless that sanction has also
been imposed in respect of another
undischarged monetary penalty payable
by that offender for which an
enforcement order has been issued; and
(d) any demerit points that have been
recorded against the alleged offender are
deleted and the relevant issuing authority
must make a note on any record that it
keeps in relation to the person clearly
indicating that the demerit points
allocated against the person have been
deleted.
(2) Where an infringement notice served in respect
of an offence has been withdrawn, no evidence
of the service, acceptance or withdrawal of the
notice is admissible in any proceedings for that
offence except in a case where proof of service
of an infringement notice is required to establish
matters relevant to the operation of section 43P
of the Traffic Act 1925.
32
2005 Monetary Penalties Enforcement No. s. 26
26. Crown not liable where infringement notice
withdrawn or deemed conviction set aside
Where an infringement notice is withdrawn by
the issuing authority or a conviction under
section 20 is set aside by a court, the Crown is
not liable for any loss or damage arising from
the issue of an enforcement order or sanction
under this Act in respect of that notice.
Division 3 Variation of payment conditions
27. Application to Director for variation of payment
conditions
(1) An offender may apply to the Director for a
variation of payment conditions.
(2) An application
(a) is to be in the approved form and
accompanied by the prescribed fee; and
(b) may include representations from the
applicant in respect of his or her ability
to pay the monetary penalty imposed by
the infringement notice; and
(c) subject to section 29, may include an
application for an order converting an
unpaid monetary penalty to a period of
unpaid community service.
(3) The Director is to take the applicant's
representations into account before determining
the period within which the amount is to be paid.
(4) If the Director approves an application for a
variation of payment conditions, other than an
33
s. 28 No. Monetary Penalties Enforcement 2005
application for an MPCSO, the Director is to
give the offender a variation of payment
conditions notice.
(5) On the issue of a variation of payment conditions
notice, the Director is not to enforce payment of
any monetary penalty which is the subject of the
notice whilst the person to whom the notice has
been issued is paying in accordance with that
notice.
(6) A variation of payment conditions notice may
apply to all monetary penalties for which the
applicant has applied for a variation of payment
conditions under this Act.
(7) The Director may vary a variation of payment
conditions notice if he or she becomes aware of
a material change in the applicant's financial
circumstances and must notify the applicant of
any change.
28. Application to fee-paying public sector body for
variation of payment conditions
(1) A person upon whom an infringement notice is
served by a fee-paying public sector body may,
at any time before the infringement notice is
referred to the Director, apply to that fee-paying
public sector body for a variation of payment
conditions.
(2) An application under subsection (1) may include
representations from the applicant in respect of
his or her ability to pay the monetary penalty
imposed by the infringement notice.
34
2005 Monetary Penalties Enforcement No. s. 29
(3) The fee-paying public sector body to whom an
application under subsection (1) is made is to
take the applicant's representations into account
before determining the period within which the
amount is to be paid.
(4) If the applicant fails to comply with a
determination made under this section, the
infringement notice may be referred to the
Director for enforcement under this Act.
29. Application for variation of payment conditions not
to include MPCSO in certain circumstances
An application for a variation of payment
conditions is not to include an application for an
MPCSO if
(a) the alleged offender has applied for, and
been refused, an MPCSO in the past 12
months, unless there has been a material
change in his or her circumstances; or
(b) a warrant of commitment for the
monetary penalty has been issued.
30. Refusal of application for MPCSO
If an application for a variation of payment
conditions includes an application for an
MPCSO and the Director believes that an
applicant has the financial means to pay the
monetary penalty, by instalments or otherwise,
the Director must refuse the application for an
MPCSO.
35
s. 31 No. Monetary Penalties Enforcement 2005
31. Director to refer application
If, after considering an application for a variation
of payment conditions which includes an
application for an MPCSO, the Director believes
that an applicant does not have the financial
means to pay the monetary penalty, by
instalments or otherwise, the Director must, as
soon as reasonably practicable, refer the
application to the Director, Community
Corrections.
32. Assessment of suitability for MPCSO
(1) On receiving an application referred to him or
her under section 31, the Director, Community
Corrections must decide whether the offender is
suitable for performing community service under
an MPCSO.
(2) Without limiting the matters the Director,
Community Corrections may take into account,
an offender is taken to be unsuitable for
performing community service if the alleged
offender has breached, in the previous 12
months, probation, parole or a community
service order.
(3) If the Director, Community Corrections decides
that the offender is unsuitable for performing
community service under an MPCSO, the
Director, Community Corrections must give
written notice of the decision to
(a) the offender; and
(b) the Director, Monetary Penalties
Enforcement Service.
36
2005 Monetary Penalties Enforcement No. s. 33
(4) If the Director, Community Corrections decides
that the offender is suitable for performing
community service under an MPCSO, the
Director, Community Corrections must give
written notice of the decision to the Director,
Monetary Penalties Enforcement Service.
33. Issue of MPCSO
(1) On receipt of notice under section 32(4), the
Director is to issue an MPCSO.
(2) On the issue of an MPCSO, the Director must
give the alleged offender and the Director,
Community Corrections notice of
(a) the making of the order; and
(b) its terms.
(3) An MPCSO takes effect on its issue.
(4) On the issue of an MPCSO, the Director is not to
enforce payment of any monetary penalty stated
in the infringement notice to which the MPCSO
relates.
34. Requirements of MPCSO
(1) An MPCSO is to require the offender to
(a) report to an authorised probation officer
at the place, and within the time, stated in
the order; and
(b) perform the community service directed
by an authorised probation officer
37
s. 35 No. Monetary Penalties Enforcement 2005
(i) for the number of hours stated in
the order; and
(ii) at the times directed by the
officer; and
(iii) in a way satisfactory to the
officer; and
(iv) within a year or other time
allowed by an authorised
probation officer; and
(c) comply with each reasonable direction of
an authorised probation officer.
(2) An MPCSO must include a notice stating that
failure to comply with the order may result in the
imprisonment of the offender.
(3) An MPCSO may apply to all monetary penalties
in respect of which the applicant has applied for
an MPCSO under this Act.
35. Calculation, &c., of community service for default
in payment of fine
(1) The period of community service required to be
performed under an MPCSO is to be calculated
at the rate of 7 hours for each prescribed unit or
part of a prescribed unit of the monetary penalty
or the balance outstanding, as the case may
require.
(2) If an MPCSO is made against an offender, the
offender must perform community service in
accordance with the order.
38
2005 Monetary Penalties Enforcement No. s. 36
(3) If an offender performs community service
under an MPCSO, the unpaid monetary penalty
is reduced by one prescribed unit for each 7
hours of community service performed.
36. Breach of MPCSO
(1) Section 36(1), (2), (3) and (9) of the Sentencing
Act 1997 apply to an MPCSO as if it were a
community service order imposed by a court.
(2) A fine or other sentence imposed for a breach of
an MPCSO does not affect the offender's
obligation to complete the MPCSO if it is still in
force.
37. Payments and application of payments
(1) Despite the issue of an MPCSO, the offender
may pay the monetary penalty in full or in part to
an authorised probation officer.
(2) If part payment of the monetary penalty is made
after an MPCSO is issued, the payment reduces
the number of hours of community service
remaining to be performed by the relevant
person under the order by the proportion that the
amount so paid bears to that outstanding sum,
ignoring any fraction or part of an hour.
39
s. 38 No. Monetary Penalties Enforcement 2005
38. Application of section 36 of Sentencing Act 1997 to
MPCSO
Section 36A of the Sentencing Act 1997 applies
to an MPCSO as if it were a community service
order imposed by a court.
Division 4 Hearing of offence by court
39. Hearing of offence by court
(1) Subject to subsections (2) and (3), if, within the
time allowed by this Act, an alleged offender
elects to have any of the offences set out in an
infringement notice heard and determined by a
court, the issuing authority may commence
proceedings for all of the offences in that notice.
(2) Court proceedings for the offence or offences set
out in an infringement notice may only be
brought if
(a) the person on whom the infringement
notice is served has lodged a notice of
election in accordance with section 15 or
17; or
(b) the infringement notice is withdrawn by
a non-fee-paying public sector body in
order to prosecute the offence.
(3) An alleged offender who is served with an
infringement notice for an offence or offences
and who
(a) pays the penalty for any of those
offences, in whole or in part; or
40
2005 Monetary Penalties Enforcement No. s. 40
(b) applies for a variation of payment
conditions in respect of any of those
offences; or
(c) has not, within the period allowed,
lodged a notice of election in accordance
with section 15 or 17
is not entitled to elect to have any of the offences
that are set out in the infringement notice heard
and determined by a court.
40. Application to court
(1) A person who is taken to have been convicted by
reason of section 20(1)(c) may apply to a court
to have the conviction set aside or to have the
penalty rescinded or reduced.
(2) Within 5 days of an application under
subsection (1) being filed by an enforcement
debtor, the court is to notify the Director of the
application.
(3) The issuing authority may consent to an
application under subsection (1) to set aside the
conviction.
(4) The court may set aside the conviction if
satisfied that
(a) the offender has provided valid and
relevant reasons why he or she did not
elect to have the matter heard by a court
within the time allowed by the
infringement notice; and
41
s. 40 No. Monetary Penalties Enforcement 2005
(b) the offender has established a prima facie
defence to the offences that are the
subject of the infringement notice.
(5) If the court sets aside a conviction
(a) for the purposes of any time limit
imposed by another Act on the taking of
action in respect of the offence, the date
when any limitation period for taking
action commences is taken to be the date
when the conviction was set aside; and
(b) the infringement notice is taken to have
been withdrawn and any enforcement
order, administrative sanction or civil
sanction relating only to that
infringement notice is revoked; and
(c) the issuing authority may commence
proceedings to have the matter heard by a
court; and
(d) the court is to notify the Director that the
conviction has been set aside.
(6) On an application to rescind or reduce the
penalty, the court may
(a) exercise its discretion under section 7 of
the Sentencing Act 1997 in relation to
whether a conviction should be recorded
for any of the offences which are the
subject of the hearing; or
(b) substitute a different monetary penalty if
satisfied that
(i) the offender has provided valid
and relevant reasons why he or
42
2005 Monetary Penalties Enforcement No. s. 40
she did not elect to have the
matter heard by a court within the
time allowed by the infringement
notice; and
(ii) the offender has provided valid
and relevant reasons why the
penalty should be less than the
penalty imposed under the
infringement notice.
43
s. 41 No. Monetary Penalties Enforcement 2005
PART 4 NOTIFICATION TO DIRECTOR OF ISSUE
OF FINE
41. Collection of fines
The court is to
(a) refer an order imposing a fine to the
Director for collection and enforcement;
and
(b) notify the Director of the date that the
order setting out the fine takes effect.
42. Options for person subject to court order imposing
fine
A person who is subject to a court order
imposing a fine must, within the time specified
in the order, do one of the following:
(a) pay the monetary penalty in full to the
Director;
(b) apply to the Director for a variation of
payment conditions.
43. Director not responsible for civil enforcement
(1) The Director is not responsible for enforcement
of an order made in, or transferred to, the Civil
Division of the Magistrates Court.
(2) Any person in whose favour a compensation
order has been made may elect to pursue the
44
2005 Monetary Penalties Enforcement No. s. 43
matter through the Magistrates Court, Civil
Division or the Supreme Court.
45
s. 44 No. Monetary Penalties Enforcement 2005
PART 5 ENFORCEMENT ORDERS
Division 1 Issue of enforcement order
44. Default by person served with infringement notice
The Director may issue an enforcement order in
respect of an infringement notice which has been
referred to the Director, if the person upon
whom the infringement notice was served has
not
(a) paid the monetary penalty in full to the
Director or a fee-paying public sector
body; or
(b) been granted a variation of payment
conditions including an MPCSO; or
(c) lodged a notice of election under
section 15 or 17 to have the offence
heard and determined by a court.
45. Default by person subject to order imposing fine
(1) The Director may issue an enforcement order if a
person who has been ordered to pay a fine has
not, within the period allowed
(a) paid the fine in full; or
(b) been granted a variation of payment
conditions including an MPCSO.
(2) Before issuing an enforcement order in respect
of a fine payable to a fee-paying public sector
body, the Director may require the fee-paying
46
2005 Monetary Penalties Enforcement No. s. 46
public sector body to agree to pay any prescribed
fees in respect of enforcement generally.
46. Default in paying in accordance with variation of
payment notice
If a person given a variation of payment
conditions notice fails to pay in accordance with
the notice, the Director may
(a) if an enforcement order has not been
issued in respect of any monetary penalty
to which the notice applies, cancel the
variation of payment conditions without
notice to the person and issue an
enforcement order; and
(b) if an enforcement order has been issued
in respect of any monetary penalty to
which the notice applies, cancel the
variation of payment conditions without
notice to the person and enforce the
penalty in accordance with Part 6, 7 or 8.
Division 2 Enforcement orders
47. Contents of enforcement order
An enforcement order is to state
(a) the offences and monetary penalties to
which it applies; and
(b) that failure to pay the monetary penalty
within the period allowed gives the
Director the authority to
47
s. 48 No. Monetary Penalties Enforcement 2005
(i) direct the suspension of the
enforcement debtor's driver
licence, vehicle registration or
prescribed licence; and
(ii) proceed to civil enforcement that
may include seizure of assets; and
(c) that the enforcement debtor may be
imprisoned for failure to pay the
monetary penalty; and
(d) that the enforcement procedures referred
to in paragraphs (b) and (c) may be
undertaken without further notice to the
enforcement debtor.
48. Obligations on enforcement debtor
(1) If an enforcement order is served on an
enforcement debtor, the enforcement debtor
must, within 14 days after the date of service
(a) pay the monetary penalty in full to the
Director; or
(b) apply to the Director under section 27 for
a variation of payment conditions.
(2) An enforcement debtor must not make an
application under subsection (1)(b) if an
application by the enforcement debtor under
section 27 has been rejected by the Director in
the previous 12 months, unless there has been a
material change in the enforcement debtor's
circumstances.
48
2005 Monetary Penalties Enforcement No. s. 49
49. Sanction may be in respect of all monetary penalties
An administrative sanction under Part 6 or civil
sanction under Part 7 may be imposed in respect
of the total of all undischarged monetary
penalties payable by an enforcement debtor for
which an enforcement order has been issued.
50. Effect of appeal on enforcement order
(1) A court or the Supreme Court must notify the
Director of any appeal against conviction or
sentence which may affect a fine and advise the
Director of the outcome of that appeal.
(2) If the court advises the Director that an appeal
has been upheld, the Director must refund to the
enforcement debtor any amount paid to the
Director in relation to the offence, unless the
enforcement debtor has been issued with an
enforcement order in respect of another
monetary penalty, in which case the amount
already paid may be taken to be in payment or
part payment of that other monetary penalty.
Division 3 Suspension of certain enforcement orders
51. Application for suspension of enforcement order
(1) Subject to subsection (2), an enforcement debtor
may apply to the Director for the suspension of
an enforcement order.
(2) Unless otherwise approved by the Director
(a) an application is to be made within the
earlier of the following:
49
s. 52 No. Monetary Penalties Enforcement 2005
(i) 14 days after the debtor becomes
aware of the existence of the
order;
(ii) 6 months after the service of the
order; and
(b) an application may only be made once in
respect of a particular enforcement order.
(3) An application is to
(a) be in an approved form; and
(b) set out in full the reasons for the
application.
(4) The Director may consider an application in the
absence of the applicant.
52. Suspension of enforcement order
(1) The Director may suspend an enforcement order
if satisfied that the enforcement order should be
suspended.
(2) The Director is to give the applicant notice of his
or her decision to suspend or refuse to suspend
the enforcement order.
(3) The suspension of an enforcement order under
this Division does not affect the original
infringement notice or fine.
(4) The suspension of an enforcement order under
this Division automatically revokes any
administrative sanction and suspends any civil
sanction imposed under this Act and the Director
50
2005 Monetary Penalties Enforcement No. s. 53
must notify the relevant bodies of that revocation
or suspension.
53. Revocation of suspension of enforcement order
(1) An enforcement debtor must, within 28 days of
the suspension of an enforcement order
(a) apply to the issuing authority for
withdrawal of the infringement notice; or
(b) pay the monetary penalty in full; or
(c) apply to the Director for a variation of
payment conditions; or
(d) apply to the court under section 40.
(2) If an application under subsection (1)(a) is
refused, the enforcement debtor may
(a) pay the monetary penalty in full; or
(b) apply for a variation of payment
conditions; or
(c) apply to the Court under section 40.
(3) If an application under subsection (1)(c) is
refused, the enforcement debtor must pay the
monetary penalty in full.
(4) If an application under subsection (1)(d) is
refused, the enforcement debtor may
(a) apply for a variation of payment
conditions; or
(b) pay the monetary penalty in full
51
s. 53 No. Monetary Penalties Enforcement 2005
(5) If, when the enforcement debtor is notified of the
refusal of an application under subsection (1)(a),
(c) or (d), the period referred to in that
subsection has expired or will expire within 3
days, that period is extended for a further 7 days
from the date the enforcement debtor receives
the notification.
(6) If no application is made within the time allowed
in this section, or if all applications made under
this section are refused, the Director may revoke
the suspension of the enforcement order and
proceed to enforce payment of the monetary
penalty as if the suspension had not occurred.
52
2005 Monetary Penalties Enforcement No. s. 54
PART 6 ADMINISTRATIVE ENFORCEMENT
54. Administrative sanctions
(1) If a monetary penalty stated in an enforcement
order remains unpaid and a variation of payment
conditions or an MPCSO has not been granted,
the Director may direct any or all of the
following administrative sanctions:
(a) that the enforcement debtor's driver
licence be suspended;
(b) that the enforcement debtor's prescribed
licence be suspended;
(c) that the enforcement debtor's vehicle
registration be suspended;
(d) that the enforcement debtor be ineligible
to be issued with a driver licence;
(e) that the enforcement debtor be ineligible
to be the registered operator of a vehicle;
(f) that the enforcement debtor cease to be
entitled to a visitor's exemption under
section 8 of the Vehicle and Traffic Act
1999 or an exemption under section 28
of that Act;
(g) that the enforcement debtor's name be
published together with details of the
monetary penalty.
(2) An enforcement debtor may be made subject to
more than one administrative sanction at a time
in respect of the same or different enforcement
orders.
53
s. 55 No. Monetary Penalties Enforcement 2005
55. Suspension of driver licence
(1) The Director may direct the suspension of an
enforcement debtor's driver licence if
(a) the enforcement debtor has failed to pay
the monetary penalty within the time
allowed; and
(b) in the case of an enforcement debtor who
has made an application to convert the
monetary penalty to an MPCSO, the
application has been refused.
(2) If the enforcement debtor has been granted a
restricted driver licence by a court pursuant to
section 18 of the Vehicle and Traffic Act 1999,
the Registrar is to notify the Director
accordingly.
(3) Subsection (1) does not apply in respect of a
restricted driver licence.
56. Registrar to suspend driver licence
(1) The Director is to give the Registrar written
notice of the Director's direction in respect of an
enforcement debtor's driver licence.
(2) Subject to section 55(2) and (3), on receipt of a
notification under subsection (1), the Registrar
must suspend the relevant driver licence until
notified by the Director that the suspension has
been revoked.
(3) The suspension of a driver licence under this
section does not affect the powers that a court or
54
2005 Monetary Penalties Enforcement No. s. 57
the Registrar may exercise under another Act to
suspend or cancel the licence.
(4) The renewal or replacement or issue of a
duplicate of a driver licence suspended under
this Division does not affect the suspension.
(5) If an enforcement debtor referred to in
subsection (1) does not hold a driver licence at
the time of a direction under that subsection, the
direction operates so that the enforcement debtor
is ineligible to be issued with a driver licence.
57. Suspension of interstate driver licence
If the enforcement debtor is the holder of an
Australian driver licence that was not issued in
this State
(a) the Director may direct the Registrar not
to recognise the person's authority to
drive; and
(b) the enforcement debtor ceases to be
entitled to a visitor's exemption for the
purposes of section 8 of the Vehicle and
Traffic Act 1999; and
(c) the enforcement debtor, for the purposes
of section 10 of the Vehicle and Traffic
Act 1999 and regulation 11 of the Vehicle
and Traffic (Driver Licensing and
Vehicle Registration) Regulations 2000,
is taken to be ineligible to hold a driver
licence under the Vehicle and Traffic Act
1999; and
55
s. 58 No. Monetary Penalties Enforcement 2005
(d) the Registrar, upon receipt of notification
by the Director under section 56(1), is to
record the suspension until notified by
the Director that the suspension has been
revoked.
58. Effect of suspension of driver licence
(1) If a driver licence is suspended as a result of the
operation of section 56
(a) the suspension does not terminate a
vehicle insurance policy; and
(b) an insurance claim must not be refused
only on the basis that the licence is so
suspended; and
(c) section 6(2) and (3) of the Road Safety
(Alcohol and Drugs) Act 1970 do not
apply by reason only of that suspension.
(2) Subsection (1)(c) does not affect the application
of section 6(2) and (3) of the Road Safety
(Alcohol and Drugs) Act 1970 by reason of any
other law.
(3) This section has effect notwithstanding anything
to the contrary in a vehicle insurance policy or
other agreement.
59. Suspension of vehicle registration
(1) The Director may direct the suspension of the
registration of any vehicle registered to the
enforcement debtor as the registered operator
if
56
2005 Monetary Penalties Enforcement No. s. 60
(a) the enforcement debtor has failed to pay
the monetary penalty within the time
allowed; and
(b) in the case of an enforcement debtor who
has made an application to convert the
monetary penalty to an MPCSO, the
application has been refused.
(2) A renewal or replacement of a vehicle
registration suspended under this section does
not affect the suspension.
(3) If a vehicle registration suspended under this
section is transferred, the suspension ceases to
have effect.
(4) If an enforcement debtor referred to in
subsection (1) is not the registered operator of a
vehicle at the time of a direction under that
subsection, the direction operates so as to
prevent the enforcement debtor from being
registered as the registered operator of a vehicle.
60. Registrar to suspend vehicle registration
(1) The Director is to give the Registrar written
notice of the Director's direction to suspend the
registration of a vehicle registered to the
enforcement debtor as the registered operator.
(2) On receipt of a notification under subsection (1),
the Registrar must suspend the registration of
any vehicle registered to the enforcement debtor
as the registered operator until notified by the
Director that the suspension has been revoked.
57
s. 61 No. Monetary Penalties Enforcement 2005
(3) The suspension of registration under this section
does not affect the powers that a court or the
Registrar may exercise under another Act to
suspend or cancel the registration.
(4) The renewal of a vehicle registration suspended
under this Division does not affect the
suspension.
(5) If an enforcement debtor referred to in
subsection (1) applies to register a different
vehicle, the direction operates so as to prevent
him or her from registering that vehicle.
61. Suspension of interstate vehicle registration
If the Director directs the suspension of the
registration of a vehicle registered to an
enforcement debtor which is an interstate
registered vehicle
(a) the enforcement debtor ceases to be
entitled to an exemption for the purposes
of section 28 of the Vehicle and Traffic
Act 1999; and
(b) the enforcement debtor's vehicle is taken
to be ineligible to be registered for the
purposes of regulation 45 of the Vehicle
and Traffic (Driver Licensing and
Vehicle Registration) Regulations 2000;
and
(c) the Registrar, upon receipt of notification
by the Director under section 60(1), is to
record the suspension until notified by
the Director that the suspension has been
revoked.
58
2005 Monetary Penalties Enforcement No. s. 62
62. Effect of suspension of vehicle registration
(1) If a vehicle registration is suspended as a result
of the operation of section 56
(a) the suspension does not terminate a
vehicle insurance policy; and
(b) an insurance claim must not be refused
only on the basis that the registration is
so suspended.
(2) This section has effect notwithstanding anything
to the contrary in a vehicle insurance policy or
other agreement.
63. Suspension of prescribed licence
(1) The Director may direct the licence issuer to
suspend a prescribed licence held by an
enforcement debtor
(a) if the enforcement debtor has failed to
pay the monetary penalty within the time
allowed; and
(b) in the case of an enforcement debtor who
has made an application to convert the
monetary penalty to an MPCSO, the
application has been refused.
(2) If an enforcement debtor referred to in
subsection (1) does not hold a prescribed licence
at the time of the direction under that subsection,
the direction operates so as to prevent the
enforcement debtor from obtaining such a
licence.
59
s. 64 No. Monetary Penalties Enforcement 2005
64. Licence issuer to give effect to sanction
(1) On directing the suspension of a prescribed
licence, the Director is to notify the licence
issuer.
(2) On receipt of a notification under subsection (1),
the licence issuer must suspend the relevant
licence until notified by the Director that the
suspension has been revoked.
(3) The renewal or replacement of a prescribed
licence suspended under this Part does not affect
the suspension.
65. Publication of name of enforcement debtor
(1) The Director may authorise publication on an
approved website of the name, address and
driver licence number of an enforcement debtor
and details of his or her monetary penalty.
(2) If the enforcement debtor discharges the
monetary penalty, the Director is to delete the
name of the enforcement debtor from the
website in respect of that monetary penalty.
60
2005 Monetary Penalties Enforcement No. s. 66
PART 7 CIVIL ENFORCEMENT
Division 1 Preliminary
66. Civil sanctions
If any monetary penalty in respect of which an
enforcement order has been issued is not
discharged in accordance with this Act, the
Director may, for the purpose of recovering that
penalty, impose any of the following civil
sanctions:
(a) an enforcement warrant imposing a
charge on land in respect of which the
enforcement debtor is a registered
proprietor;
(b) an enforcement warrant enabling the
seizure and sale of property in which the
enforcement debtor has a legal interest;
(c) an order for redirection of money owing
to the enforcement debtor.
67. Warrant to be signed and sealed
An enforcement warrant or order for redirection
of money which is issued under this Part must be
signed by the Director and endorsed with the
official seal and is of no effect if it is not so
signed and sealed.
61
s. 68 No. Monetary Penalties Enforcement 2005
Division 2 Enforcement warrants imposing charge on land
68. Enforcement warrant imposing charge on
registered land
(1) If an enforcement debtor has unpaid monetary
penalties totalling more than $1 000, the Director
may issue an enforcement warrant imposing a
charge on any land of which the enforcement
debtor is a registered proprietor under the Land
Titles Act 1980.
(2) An enforcement warrant issued under
subsection (1) is to be in an approved form.
(3) Before issuing an enforcement warrant under
subsection (1) in respect of specified land, the
Director is to serve written notice on the
enforcement debtor, and any other registered
proprietor of that land, that unless the debt is
discharged within the time specified in the notice
an enforcement warrant will be issued, without
further notice.
(4) Notice under subsection (3) is to
(a) specify a period of time, being at least 10
days, within which the debtor may
discharge the debt and avoid the issue of
the enforcement warrant; and
(b) inform the enforcement debtor, and any
other registered proprietor of the
specified land, that an enforcement
warrant issued under this Act will be
registered under the Land Titles Act 1980
as a charge against that land; and
(c) inform the recipients
62
2005 Monetary Penalties Enforcement No. s. 68
(i) that it is an offence under
section 72 of this Act, punishable
by a fine not exceeding 100
penalty units or imprisonment for
a term not exceeding 3 months,
for them to sell, transfer or
otherwise deal with, or attempt to
sell, transfer or otherwise deal
with, the specified land; and
(ii) that in addition to prosecution for
an offence under this Act the
enforcement debtor remains
liable for any unpaid monetary
penalty.
(5) The Director may lodge a priority notice under
the Land Titles Act 1980 in respect of the
specified land and, for the purposes of section
52(1)(b) of that Act, the Director is taken to be a
person entitled to deal with the specified land.
(6) The Director is to lodge an enforcement warrant
issued under subsection (1) with the Recorder.
(7) The Director may exercise the rights of a
mortgagee set out in Division 5 of Part VI of the
Land Titles Act 1980 in relation to land specified
in the warrant.
(8) For the purpose of section 78(7)(c) of the Land
Titles Act 1980, a registered enforcement
warrant is taken to be a subsequent mortgage.
63
s. 69 No. Monetary Penalties Enforcement 2005
69. Effect of enforcement warrant imposing charge on
land
(1) Section 77 of the Land Titles Act 1980 is taken
to have been satisfied by the service of a notice
under section 68(3) of this Act.
(2) The Director may not exercise his or her powers
of sale and appropriation of the proceeds of sale
under section 78 of the Land Titles Act 1980
until 21 days after the enforcement warrant is
registered under that Act.
70. Discharge of enforcement warrant issued under this
Division
(1) The Director must discharge an enforcement
warrant issued under section 68 upon the
discharge of all monetary penalties for which the
enforcement debtor is liable and for which an
enforcement order has been issued.
(2) The Director may discharge an enforcement
warrant at any time and for any reason.
71. No fees or duties payable
A fee or duty that would otherwise be payable
under the Land Titles Act 1980 or the Duties Act
2001 in respect of the issue, lodgment, execution
or discharge of an enforcement warrant under
this Division is, by the operation of this section,
not payable.
64
2005 Monetary Penalties Enforcement No. s. 72
72. Offence of dealing with land
A person upon whom a notice under
section 68(3) has been served must not sell,
transfer or otherwise deal with, or attempt to sell,
transfer or otherwise deal with, the specified
land.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 3 months.
Division 3 Warrants to seize and sell property
73. Enforcement warrant to enable seizure and sale of
property
(1) The Director may issue an enforcement warrant
to enable the seizure and sale of property in
which the enforcement debtor has a legal interest
from premises identified in the database
available to the Director as being occupied by
the enforcement debtor or, if the property is a
conveyance, the place identified in the database
available to the Director as being the place
where the conveyance is hangared, parked or
moored.
(2) An enforcement warrant issued under subsection
(1) is to be in an approved form and is to contain
the following:
(a) the name, residential address and date of
birth of the enforcement debtor or, if the
enforcement debtor is not a natural
person, the business or company name,
the business or company address and its
registration or incorporation details;
65
s. 73 No. Monetary Penalties Enforcement 2005
(b) if the enforcement debtor is the
registered owner of, or is registered as
having an interest in, any conveyance,
identifying information about the
conveyance and a description or the
address of where the conveyance is
hangared, parked or moored;
(c) a statement of the debt in respect of
which the enforcement warrant is to be
executed;
(d) if the warrant is only to be executed
between particular hours or on particular
days, a statement of those hours or days
and, if there are no such limitations, a
statement to that effect;
(e) a statement that the warrant is executable
by all enforcement officers in Tasmania;
(f) a statement that the warrant authorises
the enforcement officer to enter the
warrant premises for the purpose of
executing the warrant and to use
reasonable force to effect such entry;
(g) a statement that an enforcement officer is
entitled to recover from the proceeds of a
sale any reasonable and necessary
expenses incurred in executing the
warrant, including towing fees, storage
fees, auctioneer's fees and valuation fees;
(h) any other information that the Director
considers may assist in recovery of the
monetary penalties by execution of the
warrant.
66
2005 Monetary Penalties Enforcement No. s. 73
(3) Subject to section 75, an enforcement warrant
under subsection (1) authorises an enforcement
officer, for the purpose of recovering the debt
owed, to do any or all of the following:
(a) to enter the warrant premises and to use
reasonable force to effect such entry;
(b) to search the warrant premises for
property owned by the enforcement
debtor;
(c) to search a container or any thing found
at, in or on the warrant premises;
(d) to seize and take possession of property
found at, in, or on the warrant premises;
(e) to take photographs, films or audio,
video or other recordings as reasonably
required to establish a record of property
seized or present at, in or on the warrant
premises;
(f) require a person at, in or on, the warrant
premises to state his or her full name and
usual place of residence or business and
to produce evidence of that person's
identity to the satisfaction of the
enforcement officer;
(g) to give directions reasonably required in
connection with the exercise of a power
conferred by this section or otherwise in
connection with the execution of the
enforcement warrant.
(4) An enforcement warrant issued under this
Division remains in force until such time as the
enforcement debt is discharged.
67
s. 74 No. Monetary Penalties Enforcement 2005
(5) An enforcement officer, having gained entry to a
premises on the authority of an enforcement
warrant, may only rely upon that authority for
the purpose of executing that warrant and for no
other purpose.
74. Search warrants
(1) If an enforcement officer reasonably believes
that there may be property in which the
enforcement debtor has a legal interest, on
premises other than the premises specified in an
enforcement warrant, he or she may apply to a
justice of the peace for the issue of a search
warrant authorising the enforcement officer to
enter the premises specified in the application
for the purpose of executing the relevant
enforcement warrant.
(2) A person appointed under section 12 who is a
justice of the peace must not issue a search
warrant.
(3) The justice of the peace may issue a search
warrant only if satisfied that there are reasonable
grounds for believing that there is, on the
premises specified in the application, property
that may be seized under an enforcement
warrant.
(4) An enforcement officer who applies for a search
warrant must at the time of making the
application provide the justice of the peace
before whom the application is made with a copy
of the relevant enforcement warrant and a
written copy of the grounds upon which the
application is made.
68
2005 Monetary Penalties Enforcement No. s. 74
(5) A search warrant is to
(a) be in the approved form; and
(b) contain a statement that the relevant
enforcement officer, or all enforcement
officers, may enter the premises specified
on the search warrant and exercise the
powers conferred by the relevant
enforcement warrant; and
(c) contain a statement that the search
warrant authorises the use of reasonable
force to effect such entry; and
(d) if the search warrant may only be
executed between particular hours or on
particulars days which differ from those
specified in the enforcement warrant,
contain a statement of those different
hours or days and a statement that the
search warrant specifications prevail over
those in the enforcement warrant.
(6) A search warrant may authorise an enforcement
officer to enter different premises to the warrant
premises specified in the relevant enforcement
warrant but does not limit or extend the powers
conferred by section 73(3) and exercisable under
the enforcement warrant.
(7) A search warrant remains in force until such
time as the enforcement debt is discharged.
(8) An enforcement officer, having gained entry to a
premises on the authority of a search warrant,
may only rely upon that authority for the purpose
of executing that warrant and for no other
purpose.
69
s. 75 No. Monetary Penalties Enforcement 2005
75. Process required before entry to warrant premises
(1) Before entering a building on warrant premises
under the authority of an enforcement warrant or
a search warrant, an enforcement officer must
(a) identify himself or herself to any person
on the warrant premises; and
(b) ascertain whether or not the person on
the warrant premises is the enforcement
debtor; and
(c) show a copy of the warrant to the
enforcement debtor; and
(d) give the enforcement debtor an
opportunity to pay the enforcement debt
in full, by means other than personal
cheque; and
(e) subject to subsection (3), give the
enforcement debtor and any other person
on the warrant premises an opportunity
to allow an enforcement officer entry to
any building on the premises.
(2) If a debt is not paid in full after an opportunity to
do so is given in accordance with
subsection (1)(d), the enforcement officer is to
execute the enforcement warrant and any
relevant search warrant in accordance with their
terms.
(3) An enforcement officer is not required to comply
with subsection (1)(e) if he or she believes on
reasonable grounds that immediate entry to any
building on the warrant premises is required to
ensure the effective execution of either the
enforcement warrant or the search warrant.
70
2005 Monetary Penalties Enforcement No. s. 76
76. Refusal, &c., of admission of enforcement officer to
warrant premises
(1) If an enforcement officer is satisfied that he or
she is authorised under this Act to enter a
building on warrant premises but such entry is
refused, delayed or obstructed by the
enforcement debtor or any other person, for such
time that it may reasonably be inferred that the
refusal, delay or obstruction is intentional, each
person causing or contributing to the refusal,
delay or obstruction is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months.
(2) A person must not obstruct an enforcement
officer who is conducting a search of warrant
premises.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months.
77. Property may be excluded from operation of
enforcement warrant
(1) Any person, other than the enforcement debtor,
who claims an interest in any property that is or
is about to be seized or sold under an
enforcement warrant may give notice in writing
to the Director, including evidence of that
person's interest.
(2) If the Director is satisfied of a person's interest
under subsection (1), the property is excluded
from the operation of the enforcement warrant.
71
s. 78 No. Monetary Penalties Enforcement 2005
78. Occupier entitled to be present during search
(1) If an enforcement warrant or search warrant is
being executed and the enforcement debtor or
another person who apparently represents the
enforcement debtor is present at the premises,
the enforcement debtor or other person is
entitled to observe the search being conducted.
(2) The right to observe the search being conducted
ceases if the enforcement debtor or other person
interferes with the search.
(3) This section does not prevent 2 or more areas of
the premises being searched at the same time.
79. Powers supporting seizure
After seizing an item, an enforcement officer
may
(a) take possession of the item and remove it
from the place where it was seized; or
(b) leave the item at the place of seizure, but
take reasonable action to restrict access
to it.
80. Seizure of property
In executing an enforcement warrant or a search
warrant under this Act, an enforcement officer
must not take any item that is a prescribed item.
72
2005 Monetary Penalties Enforcement No. s. 81
81. Receipts for things seized under warrant
(1) If a thing is seized under an enforcement warrant
or search warrant, the enforcement officer is to
provide a receipt for the thing.
(2) If 2 or more things are seized or removed, they
may be covered in the one receipt.
82. Offence to interfere with seized item
A person must not interfere with
(a) an item seized by an enforcement officer
and left at the place of seizure; or
(b) any tag or sticker placed on such an item
by an enforcement officer.
Penalty: Fine not exceeding 20 penalty units.
83. Enforcement officer to provide certificate on
execution of warrant
On executing an enforcement warrant or a search
warrant, the enforcement officer is to provide the
Director with a certificate in an approved form,
signed by the enforcement officer, stating what
was done to execute the enforcement warrant or
search warrant, or what other action, if any, was
taken.
73
s. 84 No. Monetary Penalties Enforcement 2005
Division 4 Redirection of money owing to enforcement
debtor
84. Issue of order for redirection of money owing
(1) The Director may issue an order for the
redirection of money owing.
(2) A redirection of money owing order may be an
order
(a) to redirect earnings of the enforcement
debtor; or
(b) to redirect all or part of a debt owed to
the enforcement debtor.
85. Director may cancel or vary redirection of money
owing orders
(1) An enforcement debtor may apply to the
Director for the cancellation or variation of all or
part of a redirection of money owing order.
(2) An application under subsection (1) may only be
made on the grounds that
(a) the applicant's circumstances have
changed in a way which is relevant to the
application; or
(b) relevant information became known to
the applicant since the order was issued.
(3) An application under subsection (1)
(a) is to be in an approved form; and
74
2005 Monetary Penalties Enforcement No. s. 86
(b) is to include a full account of the ground
or grounds upon which the applicant
relies.
(4) If the Director is satisfied that the application so
warrants, he or she may cancel or vary the
relevant redirection of money owing order.
(5) If the Director cancels or varies a redirection of
money owing order, the Director is to give
notice of the cancellation or variation
(a) in the case of an order for redirection of
the enforcement debtor's earnings, to the
enforcement debtor's employer; or
(b) in the case of an order for redirection of a
debt owed to the enforcement debtor, to
the person to whom the redirection of
money owing order was issued.
86. When Director may issue order for redirection of
earnings
(1) Subject to subsection (2), the Director may issue
to the employer of an enforcement debtor an
order for redirection of the enforcement debtor's
earnings.
(2) The Director may only issue an order for
redirection of the enforcement debtor's earnings
if he or she is satisfied of the following:
(a) that the person to whom it is issued is the
enforcement debtor's employer;
75
s. 87 No. Monetary Penalties Enforcement 2005
(b) that the enforcement debtor will have
enough money available to satisfy the
unpaid amount after deducting
(i) the necessary living expenses of
the enforcement debtor and the
enforcement debtor's dependants;
and
(ii) any other known liabilities of the
enforcement debtor;
(c) that the amount of earnings to be
redirected would not impose
unreasonable hardship on the
enforcement debtor;
(d) that the amount of earnings to be
redirected will not reduce the
enforcement debtor's earnings for the
period to less than the protected earnings
amount.
(3) If the Director considers it necessary or desirable
to cancel or vary an order issued under this
section, the Director must, as soon as is
practicable, give written notice to the employer
of the cancellation or variation of the order.
87. Two or more employers of one employee
If an enforcement debtor receives earnings from
2 or more employers, the Director may
(a) treat any of the employers as the only
employer of the enforcement debtor; or
76
2005 Monetary Penalties Enforcement No. s. 88
(b) treat any 2 or more of the employers as
joint employers of the enforcement
debtor.
88. Amount to be deducted
The amount an employer must deduct from an
enforcement debtor's earnings for each week
under a redirection of money owing order is the
weekly deduction amount specified in the notice.
89. Provisions for working out earnings for section 88
(1) This section applies for working out for the
purposes of section 88 the amount of earnings an
employer pays to an employee.
(2) Any amount an employer pays to an employee
for piecework is taken to have been paid to the
employee for the period that started when the
employee started the work and ended when the
work ended.
(3) Any amount an employer pays to an employee
for services under a contract that is wholly or
principally for the labour of the employee is
taken to have been paid to the employee for the
period that started when the employee started to
provide the services and ended when the
provision of the services ended.
(4) Any amount an employer pays for other work
performed or services provided, but not for a
particular period, is taken to have been paid for
the period of 52 weeks ending on the day before
the day when the amount is paid.
77
s. 90 No. Monetary Penalties Enforcement 2005
(5) If the employee is entitled to be paid an amount
for a period of more than one week, the
employer is taken to have paid an amount of
earnings to the employee for each week or part
of a week in the period, worked out by dividing
the amount of earnings actually paid by the
number of days in the period and multiplying the
result
(a) by 7 for each whole week; or
(b) by the number of days for each part of
the week.
(6) If an employer pays earnings for a week or part
of a week in 2 or more separate amounts, the
amounts must be aggregated, and the employer
may make a deduction from one amount or
partly from 2 or more amounts.
(7) For this section, the amount of any earnings is
taken to be the amount of the earnings after
deducting any amount that the employer is
required to deduct from the earnings under Part
VI, Division 2, section 221C of the Income Tax
Assessment Act 1936 of the Commonwealth.
90. Additional duties of employers
(1) An employer who deducts an amount from an
employee's earnings under a redirection of
money owing order must, within 7 days after the
end of the month in which the amount is
deducted or within such longer period, not being
more than 21 days, as the Director allows
(a) pay to the Director the amounts
deducted; and
78
2005 Monetary Penalties Enforcement No. s. 90
(b) give to the Director a return in the
approved form.
Penalty: Fine not exceeding 25 penalty units or
imprisonment for a term not exceeding
6 months, or both.
(2) An employer who does not deduct an amount
from an employee's earnings under a redirection
of money owing order relating to an employee in
a particular month must, within 7 days after the
end of the month, or within such longer period,
not being more than 21 days, as the Director
allows, give to the Director a return in the
approved form.
Penalty: Fine not exceeding 15 penalty units.
(3) An employer who pays earnings to an employee
while a redirection of money owing order
relating to the employee is in force must give to
the employee a written notice stating
(a) the amount deducted under the notice; or
(b) if no deduction is made, that no
deduction has been made under the
notice.
Penalty: Fine not exceeding 15 penalty units.
(4) If an employee to whom a redirection of money
owing order relates stops being an employee
while the notice is in force, the employer must
give to the Director notice of that fact in the
approved form within 7 days after the end of the
month in which the employment ended or within
such longer period, not being more than 21 days,
as the Director allows.
79
s. 91 No. Monetary Penalties Enforcement 2005
Penalty: Fine not exceeding 15 penalty units.
91. Discharge of enforcement debtor's liability to
Director and employer's liability to enforcement
debtor
If an employer deducts an amount under this
Division from the earnings of an enforcement
debtor
(a) the enforcement debtor is, to the extent
of the amount deducted, discharged from
the enforcement debtor's liability to
make payments to the Director; and
(b) the employer is discharged from liability
to pay the amount to any person other
than the Director.
92. Payment by trustees of deducted amounts
(1) This section applies if
(a) an amount is payable to the Director by
an employer; and
(b) the property of the employer has become
vested in, or the control of the property
of the employer has passed to, a trustee.
(2) The trustee is liable to pay the amount to the
Director.
80
2005 Monetary Penalties Enforcement No. s. 93
93. Employers not to prejudice employees because of
action under this part
(1) An employer must not, because another person is
an enforcement debtor
(a) refuse to employ or pay earnings to the
person; or
(b) dismiss, or threaten to dismiss, the
person from employment; or
(c) terminate or threaten to terminate the
payment of earnings to the person; or
(d) prejudice or threaten to prejudice the
person in the person's employment or
otherwise in the receipt of earnings; or
(e) intimidate, coerce, impose a money or
other penalty on, or take any other
disciplinary action against, the person.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 2 years.
(2) On the conviction of an employer for an offence
against subsection (1), the court may, whether or
not it imposes any penalty for the offence, make
either or both of the following orders:
(a) order the offender to pay compensation
to the enforcement debtor for loss or
damage suffered because of the offence;
(b) order the taking of action to remedy or
reduce the loss or damage suffered by the
enforcement debtor because of the
offence.
81
s. 94 No. Monetary Penalties Enforcement 2005
(3) The enforcement debtor may recover
compensation ordered to be paid under
subsection (2)(a) as a debt.
(4) Subsection (2) does not limit the powers of a
court under Division 2 of Part 9 of the
Sentencing Act 1997.
94. Employers not to disclose information, &c.
(1) This section applies to a person who is or has
been
(a) an employer of an enforcement debtor; or
(b) a person employed by, or performing
services for, an employer of an
enforcement debtor.
(2) A person to whom this section applies must not
directly or indirectly disclose or communicate to
another person any information about the
financial affairs of the enforcement debtor that is
disclosed or obtained under this Division and
acquired by the person because of, or in
performing, the employer's duties under this
Division, other than
(a) for the purposes of this Act; or
(b) for performing the employer's duties
under this Act; or
(c) for carrying on the employer's business
affairs.
Penalty: Fine not exceeding 25 penalty units or
imprisonment for a term not exceeding
6 months.
82
2005 Monetary Penalties Enforcement No. s. 95
95. Records to be kept by employers
(1) An employer must keep written records of
(a) all amounts deducted or required to be
deducted from earnings under a
redirection of money owing order; and
(b) other acts done, or required to be done,
by the employer under this Division.
Penalty: Fine not exceeding 25 penalty units or
imprisonment for a term not exceeding
6 months.
(2) The employer must
(a) keep the records in a way that correctly
records and explains the matters to which
they relate; and
(b) keep a particular record for 5 years after
it is made.
Penalty: Fine not exceeding 25 penalty units or
imprisonment for a term not exceeding
6 months.
(3) This section does not require a person to keep
records if the Director has notified the person, in
writing, that keeping the records is not required.
(4) In a proceeding for an offence against subsection
(2)(a), it is a defence for the employer to prove
that the employer did not know, and could not
reasonably be expected to have known, that the
record to which the proceeding relates did not
correctly record and explain the matter to which
the record relates.
83
s. 96 No. Monetary Penalties Enforcement 2005
96. Access to premises, &c.
(1) The Director may give an enforcement officer
written authority to exercise powers under this
section for the purposes of enforcing this part
against an employer.
(2) The enforcement officer may not exercise
powers under this section unless he or she first
produces the written authority and an identity
card for inspection by the employer.
(3) An enforcement officer's powers under this
section are as follows:
(a) to enter, at all reasonable times, premises
of an employer, other than premises used
exclusively as a residence, and remain on
the premises for the time reasonably
necessary to exercise powers under this
section;
(b) to inspect or examine any business
records relevant to the employer's
obligations under this Act on the
employer's premises;
(c) to make copies of, or take extracts from,
any document that the enforcement
officer considers is reasonably necessary
for ensuring compliance with this Act;
(d) to require the occupier of the premises to
give the enforcement officer reasonable
help to exercise a power mentioned in
paragraph (a), (b) or (c).
(4) A person required under subsection (3)(d) to
give an officer reasonable help must comply
84
2005 Monetary Penalties Enforcement No. s. 97
with the request, unless the person has a
reasonable excuse for not doing so.
Penalty: Fine not exceeding 20 penalty units.
(5) To the extent that reasonable help required by an
enforcement officer would involve the
production of a document or the giving of
information, it is a reasonable excuse for the
purposes of subsection (4) that the production of
the document or the giving of the information
would tend to incriminate the person.
97. Order of payment if 2 or more amounts due
If
(a) 2 or more amounts are payable to the
Director by an employer under this Part;
and
(b) an employer pays an amount, or the
Director credits an amount towards a
debt
section 112 applies to the amount despite any
direction of the employer to the contrary.
98. Order to redirect debt owed to enforcement debtor
(1) The Director may issue a redirection of money
owing order to a person other than an
enforcement debtor, if that other person is
indebted to the enforcement debtor, requiring
that other person to pay money to the Director
instead of to the enforcement debtor in order to
85
s. 99 No. Monetary Penalties Enforcement 2005
discharge all or part of the enforcement debtor's
debt to the Director.
(2) An order made under subsection (1) takes effect
upon service.
(3) A person served with an order under subsection
(1) must pay to the Director
(a) the amount stated in the order; or
(b) if that person's debt to the enforcement
debtor is less than the amount stated in
the order, the full amount of that person's
debt to the enforcement debtor.
(4) The person on whom an order is served under
this section must comply with the order before
discharging any part of his or her indebtedness to
the enforcement debtor.
Penalty: Fine not exceeding 20 penalty units.
(5) This section does not limit the right of
(a) the person on whom the order is served
to dispute liability to indebtedness to the
enforcement debtor; or
(b) any person to claim an entitlement to, or
interest in, all or part of the alleged debt
to the enforcement debtor.
99. Debt to enforcement debtor discharged
A payment to the Director made in compliance
with an order under section 98 is a valid
discharge of the person's liability to the
86
2005 Monetary Penalties Enforcement No. s. 100
enforcement debtor to the extent of the amount
paid.
Division 5 General provisions
100. Power of person executing enforcement warrant or
search warrant
An enforcement officer may require an
enforcement debtor to provide the following
information:
(a) his or her employment details;
(b) the details of any account held by him or
her with an authorised deposit-taking
institution, bank or other similar body;
(c) the details of any other debt owed to the
enforcement debtor.
101. Offence of obstructing enforcement officer
A person must not
(a) assault, resist, intimidate or wilfully
obstruct an enforcement officer
(i) in the execution of his or her
duty; or
(ii) lawfully performing a duty
imposed on the enforcement
officer by an Act; or
(iii) in the exercise of a public duty or
authority; or
87
s. 102 No. Monetary Penalties Enforcement 2005
(b) threaten, or use abusive language to, an
enforcement officer so acting; or
(c) instigate or incite a person to do any of
the things mentioned in paragraph (a) or
(b).
Penalty: Fine not exceeding 25 penalty units or
imprisonment for a term not exceeding
6 months, or both.
102. Obligation to provide information
(1) An enforcement officer may require any person
on warrant premises to provide information in
accordance with this Part.
(2) A person who is required to give any
information under this Part, must not
(a) fail to provide the information; or
(b) make a statement knowing it to be false
or misleading; or
(c) omit any matter from a statement
knowing that without that matter the
statement is false or misleading; or
(d) provide a document that the person
knows to be false or misleading without
informing the person to whom the
document is provided of that knowledge.
Penalty: Fine not exceeding 20 penalty units.
(3) An enforcement officer must inform any person
required to provide information under
subsection (1) that it is an offence to refuse to
88
2005 Monetary Penalties Enforcement No. s. 102
comply with the request, or to provide false or
misleading information, or to fail to provide
relevant information of which that person has
knowledge.
89
s. 103 No. Monetary Penalties Enforcement 2005
PART 8 IMPRISONMENT
103. Issue of warrant of commitment
The Director may apply to a court for a
commitment order and a warrant of commitment
against an enforcement debtor if
(a) the Director, after attempting to enforce a
debt by civil enforcement or
administrative enforcement, is satisfied
that the unpaid amount of the monetary
penalty or penalties cannot realistically
be discharged in any other way
authorised under this Act; and
(b) the enforcement debtor is precluded by
another section of this Act from being
assessed for an MPCSO, or has been
assessed as unsuitable for performing an
MPCSO.
104. Director may suspend execution of the warrant of
commitment
The Director may suspend execution of a
warrant of commitment whilst
(a) negotiating a variation of payment
conditions with the enforcement debtor;
or
(b) an enforcement debtor who has been
given a variation of payment conditions
notice pays in accordance with that
notice.
90
2005 Monetary Penalties Enforcement No. s. 105
PART 9 RECIPROCAL ENFORCEMENT
105. Enforcement of Tasmanian monetary penalty by
reciprocating court
(1) The Director may give to the relevant officer of
a reciprocating court a request for the
enforcement of a particular Tasmanian monetary
penalty for which the Director has issued an
enforcement order.
(2) An amount received from a reciprocating court
in satisfaction of all or part of a Tasmanian
monetary penalty is to be applied as if the
amount had been paid to the Director by the
person by whom the monetary penalty was
payable.
(3) If, after a request is made under subsection (1),
the Director receives an amount in satisfaction of
all or part of the monetary penalty from someone
other than the relevant officer of the
reciprocating court to whom the request was
made, the Director is to, as soon as practicable,
notify the relevant officer of the amount of the
payment.
106. Enforcement of monetary penalty imposed by
reciprocating court
(1) This section applies if
(a) under a conviction or order of a
reciprocating court, a monetary penalty is
payable by a person having, or appearing
to have, property in Tasmania; and
91
s. 106 No. Monetary Penalties Enforcement 2005
(b) the Director receives a request from the
relevant officer of the reciprocating court
for the enforcement of the monetary
penalty; and
(c) the request is accompanied by
(i) a copy, certified by the relevant
officer to be correct, of the
conviction or order, and
(ii) a certificate by the relevant
officer stating the amount of the
monetary penalty that remains
unpaid.
(2) On receipt of the conviction or order by the
Director
(a) the conviction or order is taken to be a
monetary penalty to which this Act
applies; and
(b) the Director must make an enforcement
order under this Act for the purpose of
recovering the amount stated as unpaid in
the certificate relating to the conviction
or order.
(3) If, after the Director receives a request under this
section in relation to a monetary penalty payable
under a conviction or order of a reciprocating
court, the Director receives a notification from
the relevant officer of the reciprocating court of
payment of an amount in satisfaction of all or
part of the amount of the monetary penalty the
payment is, for the purposes of enforcement
action under this Act, taken to be a payment
under an enforcement order made under this Act.
92
2005 Monetary Penalties Enforcement No. s. 107
(4) The Director must pay the amount of any fine
recovered by the Director under the enforcement
order into the Consolidated Fund, unless the
amount must be dealt with in another way under
an agreement between the Minister and the
relevant Minister of the other State.
(5) A document that appears to have been signed by
the relevant officer of a reciprocating court is
taken to have been signed by the relevant officer,
unless the contrary is proved.
107. Declaration of reciprocating court
If another State has laws providing for the
enforcement in that State of a Tasmanian
monetary penalty, the Governor may by order
declare a court that exercises criminal
jurisdiction in that other State to be a
reciprocating court for the purposes of this Act.
108. Director taken to be officer of court
For the purposes of this Part, the Director is
taken to be an officer of the court.
93
s. 109 No. Monetary Penalties Enforcement 2005
PART 10 MISCELLANEOUS
Division 1 Uncollectable amounts
109. Amount may be deemed to be uncollectable
(1) The Director may, in accordance with this
Division, deem any monetary penalty owed by
an enforcement debtor under this Act to be
uncollectable in full or in part and remove the
amount from any record of monies owing to the
Director.
(2) The maximum amount which may be deemed
uncollectable by the Director for a single
monetary penalty is the prescribed amount.
(3) The Director may deem a monetary penalty to be
uncollectable if satisfied that an enforcement
debtor
(a) does not have, and is unlikely within the
foreseeable future to have, the means to
pay the penalty; and
(b) does not have, and is unlikely within the
foreseeable future to have, sufficient
property or any land in respect of which
civil enforcement can be effected; and
(c) is deemed not suitable to undertake work
under an MPCSO.
(4) The Director may deem a monetary penalty to be
uncollectable in any prescribed circumstances.
(5) If the Director deems an amount to be
uncollectable under this section, it does not
affect any non-monetary penalty imposed for the
94
2005 Monetary Penalties Enforcement No. s. 110
same offence and does not annul any conviction
for, or delete any record of, the offence.
(6) If the Director deems an amount to be
uncollectable under this section this does not
affect the ability of a plaintiff to pursue the
matter through the Civil Division of the
Magistrates Court or the Supreme Court.
(7) The Minister may give the Director directions
with respect to the exercise of his or her
discretion under this section.
Division 2 Miscellaneous
110. Electronic transmission of particular documents
(1) A notice, order or warrant, or any document
under this Act containing information or a
request for information, that is required or
permitted by this Act to be given by a person to
another person may be transmitted
electronically.
(2) For serving a notice or enforcing an enforcement
warrant that is transmitted electronically, the
enforcement officer to whom it is transmitted
must arrange for a copy of the notice or warrant
to be converted into written form.
111. Order of satisfaction of monetary penalties
If an enforcement debtor pays all or part of a
monetary penalty, the amount must be applied as
follows:
95
s. 112 No. Monetary Penalties Enforcement 2005
(a) firstly, to any amount required to be paid
as fees and or costs;
(b) secondly, to the amount of any
compensation order issued by the
Magistrates Court;
(c) thirdly, to the amount of the monetary
penalty.
112. Order of satisfaction if more than one enforcement
order
If a person has been ordered to pay a fine or is
taken to be convicted under section 20 in respect
of 2 or more monetary penalties, any payment
for a monetary penalty made by that person is to
be applied against the monetary penalties in
order of age with the oldest being discharged
first.
113. Dishonoured cheques, &c.
(1) This section applies if full or part payment of a
monetary penalty or another amount payable
under this Act is made
(a) by cheque and the cheque is dishonoured
on presentation; or
(b) by credit card and the credit provider
declines to authorise the payment; or
(c) by direct debit from an account held with
a financial institution and the financial
institution can not comply with the
96
2005 Monetary Penalties Enforcement No. s. 114
transfer request because there is not
enough money in the account; or
(d) in another electronic way acceptable to
the Director and the way of making the
payment is not successful.
(2) Payment is taken not to have been made
(a) if the payment is made by cheque, until
the cheque is honoured on presentation;
or
(b) in any other case, until payment is made
in cash or in another way acceptable to
the Director.
(3) Any charge by the financial institution to the
Director for declining to authorise the payment
is a cost recoverable from the debtor under this
Act.
114. Use of personal information
If the Director obtains personal information
under this Act, the Director may use that
information for the purposes of this Act.
115. Information from Commissioner of Tasmania
Police
(1) The Commissioner of Police may, on the
Director's written request, disclose to the
Director information in the possession of the
Police Service about a specified person for the
purposes of the Director taking action against the
97
s. 116 No. Monetary Penalties Enforcement 2005
person to enforce payment of an amount under
this Act.
(2) The Commissioner may disclose the following
information:
(a) the person's criminal history;
(b) the person's address;
(c) any assets of the person known to the
Commissioner.
(3) Information given to the Director under this
section must not be used otherwise than for the
purposes of this Act.
116. Information from public sector bodies
(1) The Director may, for the purpose of enforcing
payment of an amount under this Act, request a
public sector body to disclose the current and
any previous address of a specified person, or
any other information that the Director
reasonably believes may assist in the recovery of
such payment, as shown in any records kept by
that public sector body.
(2) A public sector body must comply with the
Director's request under subsection (1) as soon
as practicable after receiving the request, unless
that public sector body reasonably believes that
disclosure of the information is likely to
endanger the person's safety.
(3) A fee is not payable in respect of the compliance
by a public sector body with a request under
subsection (2).
98
2005 Monetary Penalties Enforcement No. s. 117
(4) This section does not apply to the Commissioner
of Police or a department, authority or agency of
the Commonwealth government.
117. Deductions from awards made under Victims of
Crime Assistance Act 1976
A debt owed to the Director under this Act is
taken to be a pecuniary penalty imposed on a
person and owing to the Crown for the purposes
of section 6B(1)(a) of the Victims of Crime
Assistance Act 1976 and that amount must be
deducted by the Commissioner from any award
of compensation to be made under that Act and
must be paid to the Director.
118. Change of address to be notified
(1) An offender who applies for a variation of
payment conditions or the withdrawal of an
infringement notice must
(a) at the time of making the application,
provide to the person to whom the
application is made his or her current
address for service of documents; and
(b) until such time as the monetary penalty
has been withdrawn or paid, notify the
person to whom the application is made
of any change in that address.
Penalty: Fine not exceeding 10 penalty units.
(2) A person who elects to have an offence decided
by a court must, at the time of so electing
99
s. 118 No. Monetary Penalties Enforcement 2005
(a) provide his or her current address for
service of documents; and
(b) notify the court of any change in that
address.
Penalty: Fine not exceeding 10 penalty units.
(3) An enforcement debtor who has been served
with an enforcement order must
(a) inform the Director if the address shown
on the enforcement order is incorrect;
and
(b) provide the Director with a current
address; and
(c) until such time as the monetary penalty
has been withdrawn or paid, notify the
Director of any change in that address.
Penalty: Fine not exceeding 10 penalty units.
(4) It is a defence to a prosecution under
subsection (3) for the enforcement debtor to
satisfy the magistrate on the balance of
probabilities that he or she did not receive the
enforcement order.
(5) Where the enforcement debtor is a corporation
within the meaning of the Corporations Act
2001 of the Commonwealth, the Director is
entitled to recover from that corporation the
costs of any search fees incurred in ascertaining
the current correct address of the corporation.
Penalty: Fine not exceeding 10 penalty units.
100
2005 Monetary Penalties Enforcement No. s. 119
(6) In addition to any fine payable under this
section, the court may order a person to pay the
Director for expenses reasonably incurred in
ascertaining the person's correct address.
119. Orders, &c., to be taken to be issued by court
For the purposes of the Service and Execution of
Process Act 1992 of the Commonwealth and
Part 9 of this Act, an enforcement order or civil
enforcement sanction issued by the Director
under this Act is taken to be an order or sanction
issued by a Tasmanian court of summary
jurisdiction.
120. Non-reviewable decision
(1) This section applies to any of the following
decisions:
(a) a decision of the Director, Community
Corrections about the suitability of a
person to perform community service
work under an MPCSO;
(b) a decision of the Director to refuse an
application for a variation of payment
conditions;
(c) a decision of the Director to issue
(i) an enforcement order; or
(ii) a notice of intention to direct the
suspension of a driver licence,
prescribed licence or vehicle
registration;
101
s. 121 No. Monetary Penalties Enforcement 2005
(d) a decision of the Director to issue an
enforcement warrant;
(e) a decision of the Director to issue a
redirection of money owing order;
(f) a decision of the Director to deem, or not
to deem, a monetary penalty to be
uncollectable.
(2) A decision to which this section applies is not a
reviewable decision within the meaning of the
Judicial Review Act 2000.
121. Annual report
The Director, as soon as practicable after 30
June in each year, is to publish an annual report
on the operation of the Monetary Penalties
Enforcement Service during the period of 12
months ending on that day.
122. Savings and transitional provisions
(1) If a person defaults in the payment of an order
imposing a fine made before the commencement
of this Act, the person may be proceeded against
as if the order were made after this Act
commenced.
(2) A fine, in relation to which enforcement
proceedings taken before the commencement of
this Act were adjourned sine die by the court or
transferred by the court on its own motion to the
Magistrates Court (Civil Division), may at the
discretion of the Director become a fine which
can be enforced under this Act on the service of
102
2005 Monetary Penalties Enforcement No. s. 123
a notice to that effect on the person on whom the
fine was imposed.
(3) Any enforcement proceedings for the payment of
a fine that were, before the commencement of
this Act, transferred by the court on its own
motion to the Civil Division may, at the
discretion of the Director, become a debt which
can be enforced under this Act once a notice to
that effect is issued to the defendant.
(4) A warrant of apprehension issued, but not
executed, before the commencement of this Act
is void as from that commencement.
(5) A warrant of commitment issued under section
47 of the Sentencing Act 1997 but suspended on
conditions before the commencement of this Act
may be executed at the discretion of the Director
if he or she is satisfied that the conditions of
suspension have been breached.
123. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may
(a) provide for fees and charges payable in
respect of any matter under this Act; and
(b) provide for the recovery by an
enforcement officer of any reasonable
and necessary expenses incurred in
executing a warrant; and
103
s. 124 No. Monetary Penalties Enforcement 2005
(c) prescribe licences that may be suspended
under this Act; and
(d) prescribe debts that the Director may
deem to be uncollectable under this Act.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(5) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Director.
124. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Justice and Industrial
Relations; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
104 Government Printer, Tasmania