Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 57 of 2005
- Royal Assent 9 December 2005
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Application of Act
5. 5. Act binds Crown
6. 6. Meaning of court
7. 7. Fee-paying public sector bodies and non-fee-paying public
sector bodies
PART 2 - Monetary Penalties Enforcement Service
8. 8. Appointment of Director, Monetary Penalties Enforcement Service
9. 9. Director to collect and enforce monetary penalties
10. 10. Functions and powers of Director
11. 11. Delegation
12. 12. Staff
13. 13. Protection from liability
PART 3 - Infringement notices Division 1 - Infringement notices
generally
14. 14. Form of infringement notices
14A. 14A. Authorised person may require name, &c.
15. 15. Options for dealing with infringement notice issued by
non-fee-paying public sector body
16. 16. Referral to Director of infringement notice served by
non-fee-paying public sector body
17. 17. Options for dealing with infringement notice issued by
fee-paying public sector body
18. 18. Referral to Director of infringement notice issued by
fee-paying public sector body
19. 19. Non-application of certain sections to approved fee-paying
public sector bodies
20. 20. Offender taken to have been convicted
21. 21. Election to have matter heard by court
22. 22. Notification or referral to Director to be electronic
Division 2 - Withdrawal of infringement notice
23. 23. Withdrawal of infringement notice by non-fee-paying public
sector body
24. 24. Withdrawal of infringement notice by fee-paying public sector
body
25. 25. Effect of withdrawal of infringement notice
26. 26. Crown not liable where infringement notice withdrawn or
deemed conviction set aside
Division 3 - Variation of payment conditions
27. 27. Application to Director for variation of payment conditions
28. 28. Application to fee-paying public sector body for variation of
payment conditions
29. 29. Application for variation of payment conditions not to
include MPCSO in certain circumstances
30. 30. Refusal of application for MPCSO
31. 31. Director to refer application
32. 32. Assessment of suitability for MPCSO
33. 33. Issue of MPCSO
34. 34. Requirements of MPCSO
35. 35. Calculation, &c., of community service for default in
payment of fine
36. 36. Breach of MPCSO
37. 37. Payments and application of payments
38. 38. Application of section 36A of Sentencing Act 1997 to MPCSO
Division 4 - Hearing of offence by court
39. 39. Hearing of offence by court
40. 40. Application to court
PART 4 - Notification to Director of issue of fine
41. 41. Collection of fines
42. 42. Options for person subject to court order imposing fine
43. 43. Director not responsible for civil enforcement
PART 5 - Enforcement orders Division 1 - Issue of enforcement order
44. 44. Default by person served with infringement notice
45. 45. Default by person subject to order imposing fine
46. 46. Default in paying in accordance with variation of payment
notice
Division 2 - Enforcement orders
47. 47. Contents of enforcement order
48. 48. Obligations on enforcement debtor
49. 49. Sanction may be imposed in respect of all monetary penalties
50. 50. Effect of appeal on enforcement order
Division 3 - Suspension of certain enforcement orders
51. 51. Application for suspension of enforcement order
52. 52. Suspension of enforcement order
53. 53. Revocation of suspension of enforcement order
PART 6 - Administrative enforcement
54. 54. Administrative sanctions
55. 55. Suspension of driver licence
56. 56. Registrar to suspend driver licence
57. 57. Suspension of interstate driver licence
58. 58. Effect of suspension of driver licence
59. 59. Suspension of vehicle registration
60. 60. Registrar to suspend vehicle registration
61. 61. Suspension of interstate vehicle registration
62. 62. Effect of suspension of vehicle registration
63. 63. Suspension of prescribed licence
64. 64. Licence issuer to give effect to sanction
65. 65. Publication of name of enforcement debtor
PART 7 - Civil enforcement Division 1 - Preliminary
66. 66. Civil sanctions
67. 67. Warrant to be signed and sealed
Division 2 - Enforcement warrants imposing charge on land
68. 68. Enforcement warrant imposing charge on registered land
69. 69. Effect of enforcement warrant imposing charge on land
70. 70. Discharge of enforcement warrant issued under this Division
71. 71. No fees or duties payable
72. 72. Offence of dealing with land
Division 3 - Warrants to seize and sell property
73. 73. Enforcement warrant to enable seizure and sale of property
74. 74. Search warrants
75. 75. Process required before entry to warrant premises
76. 76. Refusal, &c., of admission of enforcement officer to
warrant premises
77. 77. Property may be excluded from operation of enforcement
warrant
78. 78. Occupier entitled to be present during search
79. 79. Powers supporting seizure
80. 80. Seizure of property
81. 81. Receipts for things seized under warrant
82. 82. Offence to interfere with seized item
83. 83. Enforcement officer to provide certificate on execution of
warrant
Division 4 - Redirection of money owing to enforcement debtor
84. 84. Issue of order for redirection of money owing
85. 85. Director may cancel or vary redirection of money owing
orders
86. 86. When Director may issue order for redirection of earnings
87. 87. Two or more employers of one employee
88. 88. Amount to be deducted
89. 89. Provisions for working out earnings for section 88
90. 90. Additional duties of employers
91. 91. Discharge of enforcement debtor's liability to Director and
employer's liability to enforcement debtor
92. 92. Payment by trustees of deducted amounts
93. 93. Employers not to prejudice employees because of action under
this part
94. 94. Employers not to disclose information, &c.
95. 95. Records to be kept by employers
96. 96. Access to premises, &c.
97. 97. Order of payment if 2 or more amounts due
98. 98. Order to redirect debt owed to enforcement debtor
99. 99. Debt to enforcement debtor discharged
Division 5 - General provisions
100. 100. Power of person executing enforcement warrant or search
warrant
101. 101. Offence of obstructing enforcement officer
102. 102. Obligation to provide information
PART 8 - Imprisonment
103. 103. Issue of warrant of commitment
104. 104. Director may suspend execution of the warrant of commitment
PART 9 - Reciprocal enforcement
105. 105. Enforcement of Tasmanian monetary penalty by reciprocating
court
106. 106. Enforcement of monetary penalty imposed by reciprocating
court
107. 107. Declaration of reciprocating court
108. 108. Director taken to be officer of court
PART 10 - Miscellaneous Division 1 - Uncollectable amounts
109. 109. Amount may be deemed to be uncollectable
Division 2 - Miscellaneous
110. 110. Electronic transmission of particular documents
111. 111. Order of satisfaction of monetary penalties
112. 112. Order of satisfaction if more than one enforcement order
112A. 112A. Penalty may be increased if enforcement action is required
113. 113. Dishonoured cheques, &c.
114. 114. Use of personal information
115. 115. Information from Commissioner of Tasmania Police
116. 116. Information from public sector bodies
117. 117. Deductions from awards made under Victims of Crime
Assistance Act 1976
118. 118. Change of address to be notified
119. 119. Orders, &c., to be taken to be issued by court
120. 120. Non-reviewable decision
121. 121. Annual report
122. 122. Savings and transitional provisions
123. 123. Regulations
124. 124. Administration of Act
[ Note: This table has been automatically generated and may be incomplete. ]