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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Fines Enforcement and
Licence Suspension) Bill 2000
A Bill for
An Act to amend the --
· Fines, Penalties and Infringement Notices Enforcement Act 1994;
and
· Road Traffic Act 1974.
The Parliament of Western Australia enacts as follows:
page 1
146--1
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Fines
Enforcement and Licence Suspension) Act 2000.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 3
Part 2 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994 amended
3. The Act amended by this Part
The amendments in this Part are to the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994*.
[* Reprinted as at 12 March 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 91.]
4. Section 21 amended
10 Section 21(1) is amended as follows:
(a) by deleting "and" after paragraph (a);
(b) by deleting the comma after paragraph (b) and inserting
instead --
" ; and ";
15 (c) by inserting after paragraph (b) --
"
(c) before a time to pay order is made under
section 27A(4),
".
20 5. Sections 27A, 27B and 27C inserted
After section 27 the following sections are inserted in Part 3 --
"
27A. Registrar may suspend enforcement in certain cases
of hardship
25 (1) If an infringement notice has been registered, the
alleged offender may request the Registrar --
(a) not to make a licence suspension order; or
(b) to cancel a licence suspension order that has
been made,
page 3
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 5
in respect of the alleged offender on the grounds that
the licence suspension order would or does deprive the
alleged offender of --
(c) the means of obtaining urgent medical
5 treatment for an illness, disease or disability
known to be suffered by the alleged offender or
a member of his or her family; or
(d) the principal means of obtaining income with
which to pay the modified penalty and
10 enforcement fees.
(2) A request cannot be made --
(a) if the alleged offender is a body corporate;
(b) if an election has been made under section 21;
or
15 (c) if a time to pay order has been made previously
under subsection (4) in respect of the
infringement notice.
(3) A request --
(a) must be made in accordance with the
20 regulations; and
(b) must include an offer to pay the modified
penalty and enforcement fees before a specified
date or by regular instalments.
(4) If the Registrar is satisfied that --
25 (a) there are grounds to accede to the request; and
(b) the alleged offender's offer to pay by regular
instalments is reasonable,
the Registrar must make a time to pay order and, as the
case requires --
30 (c) suspend the process in Division 2 for enforcing
the infringement notice; or
page 4
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 5
(d) cancel a licence suspension order that has been
made in respect of the alleged offender.
(5) Without limiting paragraph (d) of subsection (1), the
Registrar may, for the purposes of that paragraph,
5 consider the effect that a licence suspension order
would have or has had on the ability of the alleged
offender to seek or obtain employment.
(6) The time to pay order is to require the alleged offender
to pay the modified penalty and enforcement fees
10 either --
(a) before a specified date; or
(b) by instalments on or before set dates.
(7) The time to pay order must be served on the alleged
offender together with notice of the action that has
15 been taken under subsection (4)(c) or (d) and the
consequences of not complying with the order.
(8) If a licence suspension order is cancelled, the Registrar
must advise the Director General forthwith.
(9) For the purposes of the Road Traffic Act 1974, the
20 cancellation of a licence suspension order takes effect
when the order is cancelled.
27B. Amending a time to pay order
The Registrar may amend a time to pay order made
under section 27A and for that purpose, sections 34 and
25 35 (other than sections 34(2) and 35(2)), with any
necessary changes, apply.
27C. Contravening a time to pay order
(1) If an alleged offender contravenes a time to pay order
made under section 27A, the Registrar may issue a
30 notice that unless the amount overdue is paid before a
page 5
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 6
date specified in the notice (the "due date") the
Registrar may --
(a) make or again make a licence suspension order
in respect of the alleged offender; and
5 (b) cancel the time to pay order.
(2) The notice must be served on the alleged offender.
(3) If the amount overdue is not paid by the due date the
Registrar may make or again make a licence
suspension order in respect of the alleged offender and
10 cancel the time to pay order.
(4) For the purposes of subsection (3), section 19(2) to (9)
(but not section 19(4)), with any necessary changes,
apply and a licence suspension order may be made
even if sections 17 and 18 have not been complied
15 with.
".
6. Section 28 amended
Section 28(1) is amended in the definition of "time to pay
order" by inserting before "means" --
20 " , except in sections 55A and 55B, ".
7. Section 48 amended
Section 48(2) is repealed and the following subsection is
inserted instead --
"
25 (2) The CEO must make a WDO in respect of an offender
unless the CEO is satisfied --
(a) that the offender is mentally or physically
incapable of performing the requirements of the
order; or
page 6
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 8
(b) that in the course of performing the
requirements of a WDO the offender will or
may pose a risk to the personal safety of people
in the community or of any individual in the
5 community.
".
8. Sections 55A to 55E inserted
After section 55 the following sections are inserted in Part 4 --
"
10 55A. Registrar may suspend enforcement in certain cases
of hardship
(1) If a fine has been registered, the offender may request
the Registrar --
(a) not to make a licence suspension order; or
15 (b) to cancel a licence suspension order that has
been made,
in respect of the offender on the grounds that the
licence suspension order would or does deprive the
offender of --
20 (c) the means of obtaining urgent medical
treatment for an illness, disease or disability
known to be suffered by the offender or a
member of his or her family; or
(d) the principal means of obtaining income with
25 which to pay the amount owed (as defined in
section 40).
(2) A request cannot be made --
(a) if the offender is a body corporate;
(b) if a warrant of execution has been issued under
30 section 45; or
page 7
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 8
(c) if a time to pay order has been made previously
under subsection (4) in respect of the fine.
(3) A request --
(a) must be made in accordance with the
5 regulations; and
(b) must include an offer to pay the amount owed
before a specified date or by regular
instalments.
(4) If the Registrar is satisfied that --
10 (a) there are grounds to accede to the request; and
(b) the offender's offer to pay by regular
instalments is reasonable,
the Registrar must make a time to pay order and, as the
case requires --
15 (c) suspend the process in Division 3 for enforcing
the fine; or
(d) cancel a licence suspension order that has been
made in respect of the offender.
(5) Without limiting paragraph (d) of subsection (1), the
20 Registrar may, for the purposes of that paragraph,
consider the effect that a licence suspension order
would have or has had on the ability of the offender to
seek or obtain employment.
(6) The time to pay order is to require the offender to pay
25 the amount owed either --
(a) before a specified date; or
(b) by instalments on or before set dates.
(7) The time to pay order must be served on the offender
together with notice of the action that has been taken
30 under subsection (4)(c) or (d) and the consequences of
not complying with the order.
page 8
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 8
(8) If a licence suspension order is cancelled, the Registrar
must advise the Director General forthwith.
(9) For the purposes of the Road Traffic Act 1974, the
cancellation of a licence suspension order takes effect
5 when the order is cancelled.
55B. Amending a time to pay order
The Registrar may amend a time to pay order made
under section 55A and for that purpose, sections 34 and
35 (other than sections 34(2) and 35(2)), with any
10 necessary changes, apply.
55C. Contravening a time to pay order
(1) If an offender contravenes a time to pay order made
under section 55A, the Registrar may issue a notice
that unless the amount overdue is paid before a date
15 specified in the notice (the "due date") the Registrar
may --
(a) make or again make a licence suspension order
in respect of the offender; and
(b) cancel the time to pay order.
20 (2) The notice must be served on the offender.
(3) If the amount overdue is not paid by the due date the
Registrar may make or again make a licence
suspension order in respect of the offender and cancel
the time to pay order.
25 (4) For the purposes of subsection (3), section 43(2) to (9)
(but not section 43(4)), with any necessary changes,
apply and a licence suspension order may be made
even if section 42 has not been complied with.
page 9
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 9
55D. Registrar may select most effective enforcement
means
If the Registrar is satisfied that --
(a) a warrant of execution;
5 (b) an order to attend for work and development; or
(c) a warrant of commitment,
is more likely than a licence suspension order or any of
the other methods of enforcement referred to in
paragraph (a), (b), or (c) to result in the payment or
10 recovery of the amount owed, the Registrar may --
(d) despite section 45(1), issue a warrant of
execution in the prescribed form and
section 45(2) to (5) applies to such a warrant;
(e) despite section 47(1) and (2), issue an order to
15 attend for work and development and
sections 47(3) to (5), 48, 49, 50, 51, and 52
apply in relation to such an order to attend for
work and development; or
(f) despite section 53(1) and (2), issue a warrant of
20 commitment and section 53(3) to (9) applies in
relation to such a warrant.
55E. Exclusion of judicial review of decisions of the
Registrar under section 55D
A decision of the Registrar under section 55D cannot
25 be the subject of judicial review or otherwise called in
question in any proceedings.
".
9. Section 57 amended
Section 57 is amended by deleting "(other than sections 46
30 to 53)".
page 10
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 10
10. Section 101 amended
(1) Section 101(2) is amended after "Justices Act 1902" by
inserting --
" and must be served on the Commissioner of Police ".
5 (2) After section 101(3) the following subsection is inserted --
"
(3a) An order cancelling the licence suspension order is not
to be made unless the Commissioner of Police has been
given an opportunity to be heard in relation to the
10 application for the order.
".
11. Section 108 amended
Section 108(2) is amended as follows:
(a) in paragraph (b) by inserting before "offenders" --
15 " alleged offenders and ";
(b) in paragraph (c) by inserting before "offenders" --
" alleged offenders and ".
page 11
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 3 Road Traffic Act 1974 amended
s. 12
Part 3 -- Road Traffic Act 1974 amended
12. The Act amended by this Part
The amendments in this Part are to the Road Traffic Act 1974*.
[* Reprinted as at 17 September 1999.
5 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 219.]
13. Section 45 amended
Section 45(2) is amended by inserting after "cancelled" --
" or suspended ".
10 14. Section 49 amended
(1) Section 49(1) is amended by deleting "subsections (2) and (3)"
and inserting instead --
" this section ".
(2) Section 49(2) is amended as follows:
15 (a) by deleting paragraphs (a)(ii) and (iii) and "or" after
paragraph (a)(ii) and inserting instead --
"
(ii) having held a driver's licence that is
cancelled under section 48 or of which
20 the operation is suspended under that
section;
(iii) having been disqualified from holding
or obtaining a driver's licence, other
than under a licence suspension order
25 referred to in subparagraph (iv); or
(iv) having been disqualified from holding
or obtaining a driver's licence under a
licence suspension order made under
section 19 or 43 of the Fines, Penalties
page 12
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Road Traffic Act 1974 amended Part 3
s. 14
and Infringement Notices Enforcement
Act 1994,
";
(b) by deleting "this subsection." and inserting instead --
5 " subsection (3). ";
(c) by deleting the penalty provision.
(3) Section 49(3) is repealed and the following subsections are
inserted instead --
"
10 (3) A person convicted of an offence against this section
committed in any of the circumstances mentioned in
subsection (2) is liable --
(a) if the offence is committed in the circumstances
mentioned in subsection (2)(a)(i), (ii) or (iii) or
15 (2)(b) --
(i) for a first offence, to a fine of not less
than 8 PU or more than 40 PU and
imprisonment for not more than
12 months;
20 (ii) for a subsequent offence, to a fine of not
less than 20 PU or more than 80 PU and
imprisonment for not more than
18 months;
or
25 (b) if the offence is committed in the circumstances
mentioned in subsection (2)(a)(iv), to a fine of
not less than 4 PU or more than 30 PU and
imprisonment for not more than 12 months.
(3a) A court convicting a person of an offence committed in
30 the circumstances mentioned in subsection (2)(a)(i),
(ii), (iii) or (2)(b) shall order that the person be
disqualified from holding or obtaining a driver's
page 13
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 3 Road Traffic Act 1974 amended
s. 15
licence for a period of not less than 9 months and not
more than 3 years.
(3b) A court convicting a person of an offence committed in
the circumstances mentioned in subsection (2)(a)(iv),
5 but not in the circumstances mentioned in
subsection (2)(a)(i), (ii) or (iii) or (2)(b), may order that
the person be disqualified from holding or obtaining a
driver's licence for a period of not more than 3 years.
(3c) A period of disqualification ordered under
10 subsection (3a) or (3b) is cumulative upon any other
period of disqualification to which the person may then
be subject or upon any period for which the operation
of the person's driver's licence may currently be
suspended.
15 ".
15. Section 49A inserted
After section 49 the following section is inserted --
"
49A. Cautioning drivers who drive when driver's licence
20 is suspended for non-payment of fine, etc.
(1) In this section --
"suspended driver" means a person who has been
disqualified from holding or obtaining a driver's
licence under a licence suspension order made
25 under section 19 or 43 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994.
(2) If a police officer could charge a person who is a
suspended driver with an offence under section 49(1)
committed in the circumstances referred to in section
30 49(2)(a)(iv) and suspects on reasonable grounds --
(a) that the person does not know that he or she is a
suspended driver; and
page 14
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Road Traffic Act 1974 amended Part 3
s. 16
(b) that the person has not been cautioned
previously under this section since the making
of the relevant licence suspension order,
the police officer --
5 (c) may decline to charge the person with an
offence under section 49(1); and
(d) may instead issue a caution to the person.
(3) The caution must be in a prescribed form.
(4) If it is impracticable for the suspended driver to cease
10 driving at the time the caution is issued, the caution
must include a permit for the suspended driver to drive
by the shortest practicable route from the place where
the caution is issued to a place specified in the permit
where he or she can make arrangements to have the
15 relevant licence suspension order cancelled.
(5) It is a defence to a charge under section 49(1) to prove
that the defendant was driving in accordance with a
permit included in a caution issued under this section.
".
20 16. Section 51 amended
(1) Section 51(1)(b) is amended by inserting after "other Act" --
"
(other than the Fines, Penalties and Infringement
Notices Enforcement Act 1994)
25 ".
(2) Section 51(3a) is repealed and the following subsection is
inserted instead --
"
(4) Where a person who is the holder of a driver's licence
30 issued on probation is disqualified from holding or
obtaining a driver's licence by a licence suspension
page 15
Acts Amendment (Fines Enforcement and Licence Suspension) Bill 2000
Part 3 Road Traffic Act 1974 amended
s. 17
order made under the Fines, Penalties and
Infringement Notices Enforcement Act 1994, then that
licence is, by operation of this subsection, suspended
so long as the disqualification continues in force and
5 during the period of suspension the licence is of no
effect, but the provisions of this subsection do not
operate so as to extend the period for which the licence
may be valid or effective beyond the expiration of the
period for which the licence was expressed to be issued
10 or renewed.
".
(3) After section 51(5a) the following subsection is inserted --
"
(5b) For the purposes of subsection (5), a person is not the
15 holder of a driver's licence for any period during which
the licence is cancelled or suspended or during any
period of its invalidity.
".
17. Section 106 amended
20 (1) Section 106(3) is amended by inserting before paragraph (a) the
following paragraph --
"
(aa) an offence against section 49(1);
".
25 (2) Section 106(4) is amended by deleting "the minimum" and
inserting instead --
" any minimum ".
page 16
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