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MONETARY PENALTIES ENFORCEMENT ACT 2005

- Act 57 of 2005 - Royal Assent 9 December 2005

Table of Provisions

Long Title

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

PART 3 - Infringement notices Division 1 - Infringement notices

generally
  • 14 Form of infringement notices
  • 14A Authorised person may require name, &c.
  • 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
  • 24 Section 24
  • 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  • 26 Crown not liable where infringement notice withdrawn or deemed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
  • 34 Requirements of MPCSO
  • 35 Calculation, &c., of community service for default in payment of
    • fine
  • 36 Section 36
  • 37 Payments and application of payments
  • 38 Application of section 36A 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, payment of

fine and related matters
  • 41 Collection of fines
  • 42 Options for person subject to court order imposing fine
  • 43 Director not responsible for civil enforcement
  • 43A Payment by Director to person entitled to compensation

PART 5 - Enforcement orders Division 1 - Issue and service 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
  • 46A Service of enforcement order

Division 2 - Enforcement orders

  • 47 Contents of enforcement order
  • 48 Obligations on enforcement debtor
  • 49 Sanction may be imposed 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
  • 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
  • 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

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 monetary penalty payable
  • 112A Penalty may be increased if enforcement action is required
  • 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
  • 121A Evidentiary certificate
  • 122 Savings and transitional provisions
  • 123 Regulations
  • 124 Administration of Act

    • [ Note: This table has been automatically generated and may be incomplete. ]

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