FINES REFORM AND INFRINGEMENTS ACTS AMENDMENT ACT 2016 (NO. 29 OF 2016)
Table of Provisions
PART 1--PRELIMINARY
PART 2--AMENDMENT OF FINES REFORM ACT 2014
- 3 Commencement of Fines Reform Act 2014
- 4 Definitions
- 5 Powers to waive or reduce costs or fees
- 6 New Part 2A inserted
- 7 Referral for collection of court fine by Director
- 8 Registration of court fine for enforcement
- 9 Registration of infringement fine with Director
- 10 Extended period for registration
- 11 Director may decide that enforcement of infringement offence under this Act is not appropriate
- 12 Enforcement agency may prosecute or withdraw infringement notice
- 13 New section 21A inserted
- 14 Effect of notice of final demand in case of registered infringement fine
- 15 Options for enforcement of body corporate fine
- 16 Declared director
- 17 Director of body corporate may challenge being declared director
- 18 Application of enforcement review
- 19 Limit on applications for enforcement review
- 20 Conduct of enforcement actions during enforcement review
- 21 Outcome of enforcement review
- 22 Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation
- 23 New section 38A inserted
- 24 Extended period for commencing proceeding for offence
- 25 Time to pay or enter payment arrangement if infringement confirmation served
- 26 Summons for oral examination and production of information
- 27 Application of Part 8
- 28 Sanctions that may be imposed on a fine defaulter
- 29 New section 94A inserted
- 30 Land becomes subject to charge
- 31 Removal of land charge
- 32 Imprisonment of person on execution of enforcement warrant
- 33 Warning of execution of enforcement warrant—seven-day notice
- 34 Executing enforcement warrant after expiry of seven-day notice
- 35 Stay of an enforcement warrant
- 36 Notice to be provided on removal of number plates
- 37 Heading to Part 14 substituted and Division 1 heading inserted
- 38 Application of Division 1 of Part 14
- 39 Section 165 substituted
- 40 New sections 165A and 165B inserted
- 41 Amendments consequential on substitution of section 165
- 42 New Division 2 inserted into Part 14
- 43 New Division heading inserted into Part 14
- 44 Enforcement and payment report
- 45 Regulations
- 46 New sections 186A to 186E inserted
- 47 Lodgeable infringement offences
- 48 Section 200 substituted
- 49 New section 201A inserted
- 50 Infringement offences, internal review and work and development permits consequential amendments and repeals
- 51 Section 239 substituted
- 52 Imprisonment in default of payment of outstanding fines
- 53 Regulations—work and development permit powers inserted
- 54 New Part 16 inserted
- 55 Section 282 substituted
- 56 Section 283 substituted
- 57 New section 9AG inserted into Road Safety Act 1986
- 58 Repeal of amending Parts of Fines Reform Act 2014
PART 3--AMENDMENT OF INFRINGEMENTS ACT 2006
Division 1--Interim arrangements for lodgeable infringement offences
Division 2--Interim arrangements for work and development permits and internal review
- 61 New definitions inserted
- 62 Guidelines
- 63 Application of Division 3 of Part 2
- 64 Application for internal review
- 65 Review by enforcement agency
- 66 What can an enforcement agency decide on review?
- 67 New Division 3A inserted into Part 2
- 68 Expiating the offence
- 69 Effect of expiation
- 70 Agreeing to pay by instalments has same effect as a full payment
- 71 Cancellation of certain infringement notices
Division 6--of Part 2 of the Infringements Act 2006 is repealed.
- 72 New section 41A inserted
- 73 New Part 3A inserted
- 74 New sections 53B to 53D inserted
- 75 Lodgement of infringement penalty with infringements registrar
- 76 Extended period for lodgement
- 77 Powers to revoke enforcement orders
- 78 Powers to vary costs or fees
- 79 Warning of execution of infringement warrant—seven-day notice
- 80 Executing infringement warrant after 7 day period
- 81 Infringements registrar may stay infringement warrant
- 82 Regulations
- 83 New Part 16 inserted
Division 3--Interim arrangements for imprisonment and outstanding fines
- 84 Definitions
- 85 Division heading in Part 12 substituted
- 86 Section 160 substituted and new sections 160AA and 160AB inserted
- 87 Amendments consequential on substitution of section 160
- 88 New Division 3 heading inserted in Part 12
- 89 Section 161A substituted and new sections 161B to 161K inserted
Division 4--Amendments consequential on commencement of Fines Reform Act 2014
Division 3A--of Part 2 of the Infringements Act 2006 is repealed.
- 92 Effect of expiation
- 93 Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes
- 94 Extension of time for commencement of proceedings if work and development permit cancelled
- 95 Regulations—repeal of work and development powers
Division 5--Other amendments
- 96 Person may elect to have matter heard in Court or Children's Court
- 97 Enforcement agency can refer matter to Court or Children's Court
- 98 Withdrawal of infringement notice
- 99 Application of Division 3 of Part 2
- 100 Application of Division 4 of Part 2
- 101 Exceptions to expiation
- 102 Application of Division 6 of Part 2
- 103 Effect of enforcement order
- 104 Application of Division 3 of Part 4
- 105 Service deemed despite document being returned to sender
- 106 New section 211A inserted
PART 4--AMENDMENT OF OTHER ACTS
Division 1--Children, Youth and Families Act 2005
- 107 Definitions in Schedule 3
- 108 Application for registration of infringement penalty
- 109 New clause 4A inserted in Schedule 3
- 110 Decision to go to Court
Division 2--Privacy and Data Protection Act 2014
- 111 Definitions