Western Australian Consolidated Acts

FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   5.      Service of documents  
   5A.     Service by electronic means  

   PART 2 -- Fines Enforcement Registry  

   6.      Registry established  
   7.      Registrar  
   7A.     Registrar may delegate  
   8.      Payments to the Registry  
   9.      Registrar exempt from fees  
   10.     Registrar to have access to Director General records  
   10A.    Registrar may disclose information to Commissioner of Police  

   PART 3 -- Infringement notices  

           Division 1 -- Preliminary  

   11.     Terms used in this Part  
   12.     Application  
   13.     Approved prosecuting authorities and officers  

           Division 2 -- Enforcement of infringement notices  

   14.     Final demand may be issued to alleged offender  
   15.     Infringement notice may be registered  
   16.     Registration of infringement notice: enforcement certificate  
   17.     Order to pay or elect  
   18.     Notice of intention to suspend licences  
   19.     Licence suspension order  
   20.     Cancelling licence suspension orders  

           Division 3 -- Miscellaneous  

   21.     Election by alleged offender or prosecuting authority  
   22.     Prosecuting authority may withdraw proceedings  
   23.     Effect of an order to pay or elect  
   24.     Effect of payment of modified penalty etc.  
   25.     Continuing offences: effect of proceedings under this Part  
   26.     Road Traffic Act 1974: effect of proceedings under this Part  
   27.     How recovered amounts to be applied  
   27A.    Registrar may suspend enforcement in certain cases of hardship  
   27B.    Amending a time to pay order  
   27C.    Contravening a time to pay order  
   27D.    Registrar’s decision on time to pay is final  

   PART 4 -- Fines  

           Division 1 -- Preliminary  

   28.     Terms used in this Part  
   29.     Application of Part  
   30.     Court may request offender’s address  

           Division 2 -- Payment of fines  

              Subdivision 1 -- Fines for which court officers may make time to pay orders  

   31.     Application  
   32.     Offender must pay fine or get time to pay order within 28 days  
   33.     Time to pay order  
   34.     Offender may apply to have time to pay order amended  
   35.     Court officer may amend time to pay order  
   35A.    Payments ordered must be within the means of the offender  
   36.     Time to pay order may be cancelled  
   37.     Court officer’s decision is final  

              Subdivision 2 -- Fines for which court officers cannot make time to pay orders  

   38.     Application  
   39.     No enforcement until after 28 days  

           Division 3 -- Enforcement of fines  

   40.     Meaning of “amount owed”  
   41.     Registration of fine  
   42.     Notice of intention to suspend licences  
   43.     Licence suspension order  
   44.     Cancelling a licence suspension order  
   45.     Warrant of execution  
   46.     Sections 47 to 53 do not apply to a body corporate  
   47.     Order to attend for work and development  
   47A.    Order to attend for work and development may be issued ahead of other enforcement measures  
   47B.    Effect of order to attend for work and development  
   48.     Work and development order (WDO)  
   49.     WDO: nature of  
   50.     WDO: primary requirements  
   51.     WDO: completion  
   52.     WDO: cancellation  
   53.     Warrant of commitment  

           Division 4 -- Miscellaneous  

   54.     Warrants of apprehension for people interstate  
   55.     How recovered amounts to be dealt with  
   55A.    Registrar may suspend enforcement in certain cases of hardship  
   55B.    Amending a time to pay order  
   55C.    Contravening a time to pay order  
   55D.    Registrar may use most effective enforcement means  
   55E.    Registrar’s decision on time to pay etc. is final  

   PART 5 -- Amounts forfeited under undertakings  

   56.     Amounts payable by defendants and offenders  
   57.     Amounts payable by sureties  
   58.     Amounts payable by witnesses and sureties for witnesses  

   PART 6 -- Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings  

   59.     Terms used in this Part  
   60.     Prescription of reciprocating States and courts  
   61.     Enforcement of interstate fine against body corporate  
   62.     Effect of enforcement by reciprocating court  

   PART 7 -- Warrants of execution  

           Division 1 -- Preliminary  

   63.     Terms used in this Part  
   65.     Warrant has indefinite life  

           Division 2 -- General functions of the Sheriff  

   66.     Sheriff may delegate  
   67.     Police assistance may be requested  
   68.     Sheriff to note time of receipt of warrant  
   68A.    Execution may be stayed  
   69.     Examination in aid of seizure  
   70.     Determining an offender’s interest in property  
   70A.    Personal property to be sold in preference to real property  
   70B.    Only sufficient property to be sold  
   70C.    Seized property, Sheriff to determine fair value of  
   70D.    Interests of others  
   70E.    Sale to be advertised  

           Division 3 -- Seizure and sale of personal property  

   71.     Warrant of execution, effect of  
   74.     Seizing personal property, powers enabling  
   75.     Property that cannot be seized and sold  
   76.     Seizure of documents  
   77.     Seizure of cheques etc.  
   78.     Debts due to offender to be paid to Sheriff  
   80.     Notice of seizure  
   81.     Custody of seized property  
   85.     Manner and place of sale  
   86.     Sale price  
   87.     Sale passes good title: protection of Sheriff  

           Division 4 -- Seizure and sale of land  

   88.     Warrant, effect of  
   89.     Seizure: how effected  
   90.     Cancelling memorials  
   91.     Power of entry  
   91A.    Offender may be permitted to sell or mortgage real property  
   91B.    Place and manner of sale  
   92.     Sale and transfer of land seized  

           Division 5 -- Interpleader  

   93.     Making a claim to property seized  
   94.     Sheriff may admit or dispute claim  

           Division 6 -- Miscellaneous  

   95.     Priority of warrant over writs etc.  
   96.     How amounts recovered to be applied  
   97.     Warrant may be satisfied at any time  
   98.     Sheriff exempt from some licensing requirements  
   99.     Sheriff exempt from fees  

   PART 8 -- Miscellaneous  

   101.    Justices may set aside licence suspension order made under Part  
   101A.   Justices may set aside licence suspension order made under Part  
   101B.   Enforcement suspended on appeal etc.  
   101C.   Proving licence suspension orders and service of documents  
   101D.   Validity of licence suspension order not affected by non-receipt of documents  
   102.    Effect of payment by dishonoured cheque  
   103.    Exclusion of rules of natural justice  
   104.    Warrants of commitment  
   105.    Facsimile warrants  
   106.    Validity of acts not affected by want of form  
   107.    Protection from liability for wrongdoing  
   108A.   Credit for punishment served in error  
   108.    Regulations  
           Compilation table