INFRINGEMENTS (CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2006 (NO 32 OF 2006) - SECT 54 New Part 15 inserted

INFRINGEMENTS (CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2006 (NO 32 OF 2006) - SECT 54

After Part 14 of the Principal Act insert —

'PART 15—TRANSITIONAL AND SAVINGS PROVISIONS

        186.     Definition

In this Part, "former scheme" means Schedule 7 to the Magistrates' Court Act 1989 as in force immediately before its repeal.

        187.     General transitional provision

    (1)     This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984 .

    (2)     Except as specifically provided, this Part does not affect or take away from any other transitional provision.

        188.     Infringement offences

Subject to this Part and anything to the contrary in this Act, this Act applies to any infringement offence irrespective of whether the infringement offence was committed before, on or after the commencement of section 176(2).

        189.     Infringement notices

    (1)     Subject to this Part and anything to the contrary in this Act, this Act applies to any infringement notice irrespective of whether the infringement notice was issued or served before, on or after the commencement of section 176(2).

    (2)     Despite sub-section (1) and anything to the contrary in this Act, if an infringement notice was issued to or served on a person before the commencement of section 176(2)—

        (a)     the date or period of time specified in the infringement notice as the time by which the person issued or served with the notice must pay the penalty specified in the infringement notice is the date or period of time by which that person must pay that penalty, irrespective of whether that date or period of time specified is less than 28 days after the infringement notice was issued or served; and

        (b)         if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails.

        190.     Form of infringement notice

Despite anything to the contrary in this Act, an infringement notice in a form which complied with any Act, regulation or other instrument as in force immediately before the commencement of section 13—

        (a)     is deemed to comply with section 13 for a period of 6 months from the commencement of that section; and

        (b)     may, for a period of 6 months from that commencement, be issued or served in respect of an infringement offence whether the infringement offence is alleged to have been committed before, on or after the commencement of that section; and

        (c)     may be enforced in accordance with this Act, despite not complying with that section.

        191.     Courtesy letters

    (1)     Subject to sub-section (2), a courtesy letter within the meaning of the former scheme served under the former scheme before the commencement of section 29, on and from that commencement—

        (a)     is deemed to be a penalty reminder notice under this Act; and

        (b)     may be dealt with and enforced as a penalty reminder notice under this Act.

    (2)     Sub-section (1) does not affect a decision of a person made under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of the former scheme.

        192.     Decision to go to Court

If a person has made a decision under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of that scheme and on the commencement of section 176(2) that matter has not been referred to the Court, on and from that commencement, this Act applies as if that decision under clause 3(6) were an election made under Part 2 of this Act.

        193.     Payment plans

A payment plan arranged and managed by an enforcement agency or managed by the Secretary under the former scheme, on and from the commencement of section 176(2)—

        (a)     is deemed to be a payment plan arranged and managed by an enforcement agency or managed by the Secretary (as the case requires) under this Act; and

        (b)     may be managed and dealt with in accordance with Part 3 of this Act.

        194.     Infringement penalties registered under former scheme

    (1)     If an enforcement agency has sought to have an infringement penalty with any prescribed costs registered under the former scheme for enforcement under the former scheme but the infringement penalty and any prescribed costs were not registered before the commencement of section 176(2), the infringement penalty and any prescribed costs, on and from that commencement—

        (a)     are deemed to be lodged under section 54 of this Act; and

        (b)     may be enforced in accordance with this Act.

    (2)     If a registrar under the former scheme registered an infringement penalty or part of an infringement penalty and any prescribed costs under the former scheme before the commencement of section 176(2) but an enforcement order was not made before that commencement, an infringements registrar may make an enforcement order in respect of the infringement penalty or part of an infringement penalty and any prescribed costs under section 59 of this Act as if the details of that infringement penalty or part of an infringement penalty and any prescribed costs had been lodged under section 54 of this Act.

        195.     Enforcement orders made and notices of enforcement order sent under former scheme

    (1)     An enforcement order made under the former scheme is, on and from the commencement of section 59—

        (a)     deemed to be an enforcement order made under section 59 of this Act; and

        (b)     all rights, duties and enforcement mechanisms that apply in respect of an enforcement order made under this Act apply to the deemed enforcement order; and

        (c)     if the registrar under the former scheme has not already caused notice of the enforcement order to be sent, an infringements registrar must cause an enforcement order notice to be sent to the person under section 60 of this Act.

    (2)     A notice under clause 6 of the former scheme sent before the commencement of section 60 to a person against whom an enforcement order has been made is deemed, on and from that commencement, to be an enforcement order notice under section 60 of this Act.

        196.     Applications for an order to pay fine by instalments and extensions of time to pay under former scheme

    (1)         If a natural person (other than a director to whom a declaration under clause 8A of the former scheme applies) has applied to the registrar under the former scheme before the commencement of section 176(2) for an order to pay a fine by instalments or an order to pay a fine within an extended period in accordance with clause 7 of the former scheme and that application is pending on that commencement, an infringements registrar may consider that application under section 77 of this Act as if that application were an application for a payment order under this Act.

    (2)                 If a body corporate has applied to the registrar before the commencement of section 176(2) for an order to pay a fine by instalments or an order to pay a fine within an extended period in accordance with clause 7 of the former scheme and that application is pending on that commencement, an infringements registrar must consider the application, and if necessary, make an order under clause 7 of the former scheme as if the former scheme had not been repealed.

    (3)     If a person defaults under an order made pursuant to sub-section (2), an infringements registrar may issue an infringement warrant against the person under this Act despite the default being made in respect of an order made under the former scheme.

        197.     Orders to pay fine by instalments and extension of time to pay under former scheme

    (1)     Subject to sub-section (2), an order to pay a fine by instalments or an order to pay a fine within an extended period made by the registrar under the former scheme before the commencement of section 176(2) continues in force, on and from that commencement, as if the former scheme had not been repealed until the fine is paid in accordance with the order.

    (2)     On and from the commencement of section 176(2), if a person defaults under an order referred to in sub-section (1) for a period of more than 28 days, an infringements registrar may issue an infringement warrant against the person under this Act as if the default had been made under a payment order under this Act.

        198.     Pending revocation applications under former scheme

    (1)     If a revocation application made to the registrar under clause 10(1) of the former scheme is pending on the commencement of section 176(2), an infringements registrar may deal with that application under section 66 of this Act as if that application were a revocation application made under section 65 of this Act.

    (2)     If a revocation application made under clause 10(6) of the former scheme that has been referred to the Court under the former scheme is pending on the commencement of section 176(2), that application may be heard by the Court under section 72 of this Act as if the application were a revocation application made under section 68(1) of this Act.

        199.     Enforcement orders revoked under former scheme

On and from the commencement of section 176(2), an enforcement order revoked under the former scheme before that commencement must be taken to be an enforcement order revoked under this Act.

        200.     Pending hearings under the former scheme

    (1)     If, immediately before the commencement of section 176(2), any matter in respect of an alleged infringement offence, including any application to the Court under the former scheme, was pending before the Court under the former scheme but the Court had not begun to hear the matter, on and from that commencement, the matter must be heard and determined by the Court in accordance with this Act.

    (2)     If, immediately before the commencement of section 176(2), a matter in respect of an alleged infringement offence, including any application to the Court under the former scheme, had begun to be heard but had not been determined, the matter, on and from that commencement, must be heard and determined by the Court in accordance with the former scheme as if the former scheme had not been repealed.

    (3)     The repeal of clause 10(8) of the former scheme does not affect any application made under that clause that has not been determined before that repeal.

        201.     Seven-day notice

A statement in writing required to be delivered to a person under clause 8(2) of the former scheme before the commencement of section 176(2), on and from that commencement—

        (a)     is deemed, to be a seven-day notice under this Act; and

        (b)     may be relied on and enforced as a seven-day notice under this Act accordingly.

        202.     Unexecuted warrants issued under former scheme

    (1)     A penalty enforcement warrant that is issued against a person under the former scheme before the commencement of Part 6, that has not commenced to be executed before that commencement, on and from that commencement—

        (a)     is deemed to be an infringement warrant issued under this Act; and

        (b)     may be enforced accordingly.

    (2)     A warrant to seize property that is issued against a corporation under the former scheme before the commencement of Part 6, that has not commenced to be executed before that commencement, on and from that commencement—

        (a)     is deemed to be an infringement warrant issued under this Act; and

        (b)     may be enforced accordingly.

    (3)     The sums named in a warrant issued under clause 8 of the former scheme that has been deemed to be an infringement warrant by force of this section, remain recoverable under this Act in respect of the deemed infringement warrant on and from the commencement of section 176(2).

        203.     Former scheme warrants where execution has commenced

If a penalty enforcement warrant or a warrant of seizure and sale had been issued against a person under the former scheme and execution of the warrant had commenced but was not completed before the commencement of section 176(2), the execution of that warrant continues and must be completed, on and from that commencement, in accordance with the former scheme as if the former scheme had not been repealed by this Act.

        204.     Registrars in PERIN Court

    (1)     A registrar employed pursuant to section 17 of the Magistrates' Court Act 1989 on whom functions have been conferred under that Act in respect of any proceeding or class of proceeding under Schedule 7 to that Act before the commencement of section 176(2) is deemed, on and from that commencement, to be an infringements registrar within the meaning of this Act.

    (2)     A deputy registrar employed pursuant to section 17 of the Magistrates' Court Act 1989 to whom duties, powers and functions under that Act were delegated in respect of the PERIN Court under that Act before the commencement of section 176(2) is deemed, on and from that commencement, to be an infringements registrar within the meaning of this Act.

    (3)     Nothing in this section prevents the amendment, variation or revocation of a conferral referred to in sub-section (1) or a delegation referred to in sub-section (2) under this Act or any other Act.

        205.     Superseded references

Unless the context otherwise requires, on and from the commencement of section 176(2), in any Act (other than this Act or a provision of an Act amended by this Act), or in any instrument made under any Act or in any other document of any kind—

        (a)     a reference to the PERIN Court must be taken to be a reference to the Infringements Court within the meaning of the Magistrates' Court Act 1989 ;

        (b)     a reference to the PERIN Registrar must be taken to be a reference to an infringements registrar;

        (c)     a reference to a courtesy letter must be taken to be a reference to a penalty reminder notice;

        (d)     a reference to an instalment order under Schedule 7 to the Magistrates' Court Act 1989 or a time to pay order under that Schedule must be taken to be a reference to a payment order;

        (e)     a reference to a penalty enforcement warrant must be taken to be a reference to an infringement warrant;

        (f)         a reference to a warrant to seize property issued under clause 8 of the former scheme must be taken to be a reference to an infringement warrant;

        (g)         a reference to Schedule 7 to the Magistrates' Court Act 1989 must be taken to be a reference to the Infringements Act 2006 .

        206.     Enforcement agencies

    (1)     An enforcement agency within the meaning of clause 2 of the former scheme is deemed, on and from the commencement of section 176(2), to be an enforcement agency within the meaning of this Act.

    (2)     Nothing in this section prevents regulations made under this Act from amending or revoking any thing deemed to have been prescribed as an enforcement agency under sub-section (1).

        207.     PERIN offences

    (1)     An offence under a prescribed provision specified in regulation 1203 of the Magistrates' Court General Regulations 2000 as in force immediately before the commencement of section 176(2), on and from that commencement—

        (a)     is deemed to be a lodgeable infringement offence as if it had been prescribed as a lodgeable infringement offence by regulations made under this Act;

        (b)     may be dealt with as a lodgeable infringement offence under this Act.

    (2)     Nothing in this section prevents regulations made under this Act from amending or revoking any thing deemed to have been prescribed as a lodgeable infringement offence under sub-section (1).

        208.     Deemed service

Despite anything to the contrary in the Interpretation of Legislation Act 1984 , section 163A applies to a document of a kind referred to in that section served on a person by post and returned undelivered to its sender irrespective of whether that document was served before, on or after the commencement of section 176(2).

        209.     Clauses 28 and 29 of Schedule 7 continue to have effect

Despite the repeal of clauses 28 and 29 of Schedule 7 to the Magistrates' Court Act 1989 by section 176(2), those clauses continue to have effect as if they had not been repealed.

        210.     Regulations dealing with transitional matters

    (1)     The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act) or the Infringements (Consequential and Other Amendments) Act 2006 .

    (2)     Regulations made under this section may—

        (a)     have a retrospective effect to a day on or from 11 April 2006; and

        (b)     be of limited or general application; and

        (c)     leave any matter or thing to be decided by a specified person or class of person; and

        (d)     provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

    (3)     Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any subordinate instrument.'.

__________________

See:

Act No.

56/1989.

Reprint No. 7

as at

1 March 2002

and amending

Act Nos

69/1992, 11/2002, 35/2002, 83/2003, 36/2004, 72/2004, 89/2004, 108/2004, 15/2005, 18/2005, 19/2005, 21/2005, 77/2005, 96/2005 and 5/2006.

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