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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 (Compensation)
Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 108A inserted 2
108A. Credit for punishment served in error 2
019--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Fines, Penalties and Infringement Notices
Enforcement Amendment (Compensation)
Bill 2008
A Bill for
An Act to amend the Fines, Penalties and Infringement Notices
Enforcement Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Fines, Penalties and Infringement Notices Enforcement Amendment
(Compensation) Bill 2008
s. 1
1. Short title
This is the Fines, Penalties and Infringement Notices
Enforcement Amendment (Compensation) Act 2008.
2. Commencement
5 This Act comes into operation as follows --
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation.
3. Act amended
10 This Act amends the Fines, Penalties and Infringement Notices
Enforcement Act 1994.
4. Section 108A inserted
After section 107 insert:
15 108A. Credit for punishment served in error
(1) This section applies if, because of an error in
administering this Act, a person (the offender) liable to
punishment described in subsection (2) is punished for
longer than is provided for by law.
20 (2) The punishment referred to in subsection (1) is --
(a) imprisonment under a warrant of commitment
issued under section 53; or
(b) community corrections activities done under a
work and development order made under
25 section 48.
(3) This section applies whether the error was made, or the
person was punished, before or after the day on which
the Fines, Penalties and Infringement Notices
Enforcement Amendment (Compensation) Act 2008
30 section 4 comes into operation.
page 2
Fines, Penalties and Infringement Notices Enforcement Amendment
(Compensation) Bill 2008
s. 4
(4) The Registrar may credit the offender with an amount
of money calculated at the rate that, when the amount
is credited, applies for working out the time for which
an offender is to be imprisoned or do community
5 corrections activities.
(5) The Registrar may --
(a) pay the amount credited to the offender; or
(b) offset the whole or any part of it against any
amount that the offender owes for, or because
10 of, a fine registered under section 41(1); or
(c) in circumstances described in subsection (6),
apply the whole or any part of it to payment of
the whole or any part of the modified penalty
and enforcement fees payable in respect of an
15 infringement notice registered under section 16.
(6) The Registrar may apply an amount in accordance with
subsection (5)(c) if --
(a) under section 18(1), the Registrar could, in
respect of the infringement notice, issue a
20 notice of intention to suspend licences; or
(b) the Registrar has issued a notice of that kind
and the alleged offender has not made an
election under section 21.
(7) Whether or not the Registrar gives the offender a credit
25 under this section, the State is not liable in respect of
punishment inflicted as a result of the error.
page 3
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