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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 7 amended 2
5. Section 7A inserted 2
6. Section 47A amended 3
7. Section 55D replaced 3
8. Section 63 amended 4
9. Section 66 replaced 5
10. Section 68A inserted 5
11. Schedule 1 amended 6
12. Validation 7
page i
152--1
Western Australia
LEGISLATIVE ASSEMBLY
Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2002
A Bill for
An Act to amend the Fines, Penalties and Infringement Notices
Enforcement Act 1994.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Fines, Penalties and Infringement
Notices Enforcement Amendment Act 2002.
page 1
Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Fines, Penalties and
Infringement Notices Enforcement Act 1994*.
[* Reprinted as at 2 November 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 135, and Act No. 7 of 2002.]
10 4. Section 7 amended
Section 7(4) is repealed.
5. Section 7A inserted
After section 7 the following section is inserted --
"
15 7A. Registrar may delegate
(1) The Registrar may delegate to a person any power or
duty of the Registrar under another provision of this
Act other than --
(a) the power under section 45 to issue a warrant of
20 execution; and
(b) the power under section 53(1) to issue a
warrant of commitment.
(2) The delegation must be in writing signed by the
Registrar.
25 (3) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
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Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 6
(4) Nothing in this section limits the ability of the
Registrar to perform a function through an officer or
agent.
".
5 6. Section 47A amended
After section 47A(3) the following subsections are inserted --
"
(4) If a licence suspension order is cancelled under
subsection (3), the Registrar must advise the Director
10 General forthwith.
(5) For the purposes of the Road Traffic Act 1974, the
cancellation of a licence suspension order takes effect
when the order is cancelled.
".
15 7. Section 55D replaced
Section 55D is repealed and the following section is inserted
instead --
"
55D. Registrar may use most effective enforcement
20 means
(1) If the Registrar is satisfied that --
(a) a warrant of execution;
(b) an order to attend for work and development; or
(c) a warrant of commitment,
25 would be 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
recovery of the amount owed, the Registrar may --
(d) despite section 45(1), issue a warrant of
30 execution in the prescribed form;
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Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 8
(e) despite section 47(1) and (2), issue an order to
attend for work and development; or
(f) despite section 53(1) and (2), issue a warrant of
commitment.
5 (2) If the Registrar takes any action under subsection (1)
the Registrar must cancel any other authorisation, order
or warrant that has been issued in respect of the amount
owed.
(3) If under subsection (1) the Registrar issues a warrant of
10 execution, section 45(2) to (5) apply to the warrant.
(4) If under subsection (1) the Registrar issues an order to
attend for work and development, sections 47(3) to (5),
48, 49, 50, 51 and 52 apply in relation to the order.
(5) If under subsection (1) the Registrar issues a warrant of
15 commitment, section 53(3) to (9) apply in relation to
the warrant.
".
8. Section 63 amended
Section 63 is amended by deleting the definition of "offender"
20 and inserting the following definition instead --
"
"offender" means --
(a) in the case of a warrant issued under Part 4,
the offender in respect of whom it was
25 issued;
(b) in the case of a warrant issued under Part 6,
the body corporate in respect of which it was
issued;
".
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Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 9
9. Section 66 replaced
Section 66 is repealed and the following section is inserted
instead --
"
5 66. Sheriff may delegate
(1) The Sheriff may delegate to a person any power or
duty of the Sheriff under another provision of this Act.
(2) The delegation must be in writing signed by the
Sheriff.
10 (3) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(4) Nothing in this section limits the ability of the Sheriff
15 to perform a function through an officer or agent.
".
10. Section 68A inserted
After section 68 the following section is inserted --
"
20 68A. Execution may be stayed
(1) On receipt of a warrant, the Sheriff may stay the
execution of the warrant if the offender enters into and
complies with a written or oral arrangement with the
Sheriff under which the offender agrees to pay the
25 amount owed under the warrant and any enforcement
fees either --
(a) on or before an agreed date; or
(b) by instalments on or before agreed dates,
in a manner, and at a place, determined by the
30 Registrar under section 8.
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Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 11
(2) As soon as practicable after an offender enters into an
oral arrangement under subsection (1), the Sheriff must
serve a written version of it on the offender.
(3) A failure to comply with subsection (2) does not
5 invalidate the arrangement or any payment made in
accordance with it.
(4) The Sheriff may at any time cancel an arrangement
entered into under subsection (1) and proceed with
executing the warrant or exercising the powers under
10 section 55D.
(5) As soon as practicable after cancelling an arrangement
under subsection (4), the Sheriff must serve a notice of
the fact on the offender.
(6) A failure to comply with subsection (5) does not
15 invalidate the cancellation, any action taken in
connection with executing the warrant, any action
taken under section 55D, or any payment made by the
offender after the cancellation.
(7) Despite the fact that the execution of a warrant is
20 stayed under subsection (1), the Sheriff may make an
application under section 69.
".
11. Schedule 1 amended
Schedule 1 is amended as follows:
25 (a) in clause 8(6) by inserting after "behalf " --
" of ";
(b) in clause 9(2) by deleting "to" after "section may";
(c) in clause 9(3) by deleting "to" after "section may".
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Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2002
s. 12
12. Validation
(1) In this section --
"agreement" means an agreement or arrangement for the
payment of an amount owed or an amount outstanding
5 (within the meaning of sections 40 and 61 respectively of
the Fines, Penalties and Infringement Notices Enforcement
Act 1994);
"commencement" means the day on which this Act comes into
operation;
10 "offender" means --
(a) an offender within the meaning of section 28; or
(b) a body corporate referred to in section 61,
of the Fines, Penalties and Infringement Notices
Enforcement Act 1994.
15 (2) An agreement entered into, or purportedly entered into, by or on
behalf of the Sheriff of Western Australia with an offender
before the commencement has, and is deemed always to have
had, force and effect.
(3) An agreement entered into, or purportedly entered into, by a
20 delegate of the Sheriff of Western Australia with an offender
before the commencement has, and is deemed always to have
had, force and effect.
page 7
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