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FINES AND PENALTIES (CONSEQUENTIAL AMENDMENTS) BILL 2000

33B. Court may order commitment in default
78. Manner of enforcing payment of costs
78A. Civil enforcement of costs

89A. Forfeiture of bail or recognizance

19. Time for payment of fine
26. Court may order commitment in default

29A. Effect of suspension of licence to drive or vehicle registration
33B. Person may be cautioned

1. Short title
This Act may be cited as the Fines and Penalties (Consequential Amendments) Act 2000.

2. Commencement
This Act comes into operation on the day on which, but immediately after, the Fines and Penalties Act 2000 commences.

3. Amendment of Bail Act
Section 40 of the Bail Act is amended by omitting subsection (4) and substituting the following:

"(4) Subject to subsection (5), Part 8 of the Fines and Penalties Act applies to a bail undertaking or recognizance that is ordered by a court to be forfeited and payment is to be enforced under that Act.

"(5) If a court orders forfeiture of a bail undertaking, the court may order that if the forfeited amount is not paid within 28 days the accused person is to be imprisoned until his or her liability to pay the forfeited amount is discharged.

"(6) If a court makes an order under subsection (5) and the forfeited amount is not paid within 28 days, the court may issue a warrant of commitment in respect of the accused person specifying the period of imprisonment calculated on the basis of the amount forfeited as follows:

(a) the period is to be one day for each amount (or part of the amount) that is prescribed for the purposes of section 87 of the Fines and Penalties Act that comprises the amount forfeited;

(b) the period is not to be less than one day;

(c) the period is not to exceed 3 months.

"(8) If the accused person serves part of the period of imprisonment under a warrant under subsection (6), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 87 of the Fines and Penalties Act for each day actually served.

"(9) Any period of imprisonment that the accused person has to serve as a result of an order under subsection (5) is to be served concurrently with any period of imprisonment that the person is serving or has to serve unless the court orders otherwise.".

4. Amendment of Brands Act

Section 58B of the Brands Act is amended –

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act or the Regulations;

(b) if the penalty amount indicated is paid within the time and at the place specified – the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice."; and

(b) by omitting subsection (5) and substituting the following:

"(5) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

5. Amendment of Commercial Passenger (Road) Transport Act
Section 81 of the Commercial Passenger (Road) Transport Act is amended –

(a) by omitting subsection (2) and substituting the following:

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act or the Regulations;

(b) if the penalty amount indicated is paid within the time and at the place specified, the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice."; and

(b) by omitting subsection (6) and substituting the following:

"(6) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

6. Amendment of Crimes (Victims Assistance) Act

Section 25B of the Crimes (Victims Assistance) Act is amended –

(b) by omitting from the definition of "infringement notice" in subsection (1) all words after "meaning as in" and substituting "section 9 of the Fines and Penalties Act";

(c) by omitting from the definition of "notice of enforcement order" in subsection (1) all words after "meaning as in" and substituting "Division 6 of Part 5 of the Fines and Penalties Act"; and

(d) by inserting after "to which the levy relates" in subsection (7)(b) "and payment of the levy may be enforced under the Fines and Penalties Act".

7. Amendment of Crimes (Victims Assistance) Regulations
(1) Regulation 4 of the Crimes (Victims Assistance) Regulations is amended –

(a) by omitting paragraph (a)(vi) and substituting the following:

"(vi) Part 12 of the Australian Road Rules;";

(b) by omitting paragraph (a)(x);

(c) by omitting from paragraph (b)(ii) "council area." and substituting "council area; or"; and

(d) by adding at the end the following:

"(c) to whom a notice is directed –

(i) that is issued under a law of the Territory specified in paragraph (a) as an alternative to prosecution in relation to an alleged offence; and

(ii) that imposes a prescribed penalty that is payable in relation to the alleged offence.".

(2) The regulation amended by subsection (1) may be amended or repealed by a regulation as if the amendment had been made by a regulation.

8. Amendment of Fisheries Act

Section 37A of the Fisheries Act is amended –

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act;

(b) if the penalty amount indicated is paid within the time and at the place specified – the alleged offence is expiated and no person is liable for any further proceedings in the matter unless the notice is withdrawn in accordance with section 37B; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice.

"(2A) An infringement notice is to contain a statement that if the person does not elect to have the matter dealt with by a court, all fish and fishing gear seized by a Fisheries Officer in respect of the matter will be forfeited to the Territory.

"(2B) Fish and fishing gear that has been seized by a Fisheries Officer in a matter in relation to which an infringement notice has been issued are forfeited to the Territory –

(a) on the payment of the prescribed penalty; or

(b) on the making of a penalty enforcement order under the Fines and Penalties Act in respect of the relevant infringement notice,

whichever is the sooner."; and

(b) by omitting subsection (6) and substituting the following:

"(6) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

9. Amendments of Justices Act
(1) The Justices Act is amended by inserting after section 33A the following:

"33B. Court may order commitment in default

"If a person enters into a recognizance as a principal, the Court of Summary Jurisdiction constituted by a magistrate sitting alone may order that, if the recognizance is forfeited, the person is to be committed by warrant to a gaol for a specified period in default of payment.".

(2) Section 39 of the Justices Act is amended by omitting from subsection (3) all words after "section" and substituting "is to be enforced under the Fines and Penalties Act unless the Court in accordance with section 33B orders commitment in default of payment".

(3) Division 2A of Part IV of the Justices Act is repealed.

(4) Section 78 of the Justices Act is repealed and the following substituted:

"78. Manner of enforcing payment of costs

"(1) If the complainant is a law enforcement officer within the meaning of the Fines and Penalties Act and the Court orders the defendant to pay costs under section 77A or 77B, the costs may be enforced under that Act unless the Court orders imprisonment in default in accordance with subsection (2).

"(2) The Court may order that if the amount a person is ordered to pay is not paid within 28 days, the person is to be imprisoned until his or her liability to pay the amount ordered is discharged.

"(3) If the Court makes an order under subsection (2) and the person does not pay the amount ordered within 28 days, the Court may issue a warrant of commitment in respect of the person specifying the period of imprisonment calculated on the basis of the amount ordered as follows:

(a) the period is to be one day for each amount (or part of that amount) prescribed for the purposes of section 87 of the Fines and Penalties Act that comprises the amount ordered;

(b) the period is not to be less than one day;

(c) the period is not to exceed 3 months.

"(5) If the person serves part of the period of imprisonment under a warrant under subsection (2), the amount ordered is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 87 of the Fines and Penalties Act for each day actually served.

"(6) Any period of imprisonment that the person has to serve as a result of an order under subsection (1) is to be served cumulatively on any period of imprisonment that the person is serving or has to serve unless the Court orders otherwise.

"78A. Civil enforcement of costs

"If the complainant is not a law enforcement officer within the meaning of the Fines and Penalties Act and the Court orders the defendant to pay costs under section 77A or 77B, the amount ordered, if not paid within 28 days, is enforceable under Part 7 of that Act.".

(5) Section 79 of the Justices Act is amended by omitting all words after "to a defendant" and substituting "under section 77 or 77B are, if not paid within 28 days, enforceable under Part 7 of the Fines and Penalties Act".

(6) Division 6 of Part IV of the Justices Act is repealed.

(7) Part VIA of the Justices Act is repealed.

10. Amendments of Juvenile Justice Act
(1) Section 53 of the Juvenile Justice Act is amended by inserting after subsection (3) the following:

"(3A) If the Court imposes a fine under subsection (1)(c), the fine may be enforced under the Fines and Penalties Act unless the Court orders detention or imprisonment in default in accordance with subsection (3B).

"(3B) The Court may order that if a fine is not paid within 28 days the juvenile is to be detained at a detention centre or imprisoned until his or her liability to pay the fine is discharged.

"(3C) If the Court makes an order under subsection (3B) and the juvenile does not pay the fine within 28 days, the Court may issue a warrant of commitment in respect of the juvenile specifying the period of detention or imprisonment to be one day for each amount (or part of that amount) prescribed for the purposes of section 87 of the Fines and Penalties Act that comprises the fine.

"(3D) If the juvenile serves the total period of detention or imprisonment under a warrant under subsection (3C), the fine is taken to be satisfied.

"(3E) If the juvenile serves part of the period of detention or imprisonment under a warrant under subsection (3C), the fine is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 87 of the Fines and Penalties Act for each day actually served.

"(3F) Any period of detention or imprisonment that the juvenile has to serve as a result of an order under subsection (3B) is to be served cumulatively on any period of detention or imprisonment that the juvenile is serving or has to serve unless the Court orders otherwise.".

(2) Part VIA of the Juvenile Justice Act is repealed.

(3) Section 89 of the Juvenile Justice Act is amended by omitting subsection (2).

(4) The Juvenile Justice Act is amended by inserting after section 89 the following:

"89A. Forfeiture of bail or recognizance

"(1) If the Court orders forfeiture of a bail undertaking or monetary recognizance, Part 8 of the Fines and Penalties Act applies and payment is to be enforced under that Act unless the Court orders detention or imprisonment in default under subsection (2).

"(2) The Court may order that if the forfeited amount is not paid within 28 days, the juvenile in respect of whom the order is made is to be detained at a detention centre or imprisoned until his or her liability to pay the forfeited amount is discharged.

"(3) If the Court makes an order under subsection (2) and the forfeited amount is not paid within 28 days, the Court may issue a warrant of commitment in respect of the juvenile specifying the period of detention or imprisonment calculated on the basis of the amount forfeited as follows:

(a) the period is to be one day for each amount (or part of that amount) prescribed for the purposes of section 87 of the Fines and Penalties Act that comprises the amount forfeited;

(b) the period is not to be less than one day;

(c) the period is not to exceed 3 months.

"(5) If a juvenile serves part of the period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 87 of the Fines and Penalties Act for each day actually served.

"(6) Any period of detention or imprisonment that a juvenile has to serve as a result of an order under subsection (2) is to be served cumulatively on any period of detention or imprisonment that the juvenile is serving or has to serve unless the Court orders otherwise.".

(5) Section 96 of the Juvenile Justice Act is amended by omitting from subsections (1) and (2) "Parts V, VIA and IX" and substituting "Parts V and IX".

11. Amendment of Motor Accidents (Compensation) Act
Section 9 of the Motor Accidents (Compensation) Act is amended by inserting in subsection (1)(d)(ii) "(other than as an enforcement procedure for the purposes of the Fines and Penalties Act)" after "suspended".

12. Amendments of Motor Vehicles Act
(1) Section 20 of the Motor Vehicles Act is amended by adding at the end the following:

"(6) This section applies to a vehicle, the registration of which is suspended under section 102(2A), despite that in pursuance of the Fines and Penalties Act the vehicle is to be taken to be unregistered during the period of suspension.".

(2) Section 102 of the Motor Vehicles Act is amended by inserting after subsection (2) the following:

"(2A) If requested by the Fines Recovery Unit established under the Fines and Penalties Act and in the circumstances provided for in that Act, the Registrar may –

(a) suspend the licence to drive of a person who is a fine defaulter within the meaning of that Act; or

(b) suspend the registration of a vehicle of which the fine defaulter is the registered owner or one of the registered owners,

until the Fines Recovery Unit advises the Registrar that the enforcement order has been satisfied or otherwise requests the Registrar to lift the suspension.".

13. Amendments of Sentencing Act
(1) Section 19 of the Sentencing Act is repealed and the following substituted:

"19. Time for payment of fine

"A fine imposed by a court is to be paid within 28 days after it is imposed.".

(2) Sections 20, 21, 22, 23 and 25 of the Sentencing Act are repealed.

(3) Section 26 of the Sentencing Act is repealed and the following substituted:

"26. Court may order commitment in default

"(1) If a court imposes a fine on an offender under section 16(1), the fine may be enforced under the Fines and Penalties Act unless the court orders commitment in default under subsection (2).

"(2) A court may order that if a fine is not paid within 28 days the offender is to be imprisoned until his or her liability to pay the fine is discharged.

"(3) If a court makes an order under subsection (2) and the fine is not paid within 28 days, the court may issue a warrant of commitment in respect of the offender specifying the period of imprisonment calculated on the basis of the amount of the fine as follows:

(a) the period is to be one day for each amount (or part of that amount) prescribed for the purposes of section 87 of the Fines and Penalties Act that comprises the fine;

(b) the period is not to be less than one day;

(c) the period is not to exceed 3 months.

"(5) If an offender serves part of the period of imprisonment under a warrant under subsection (3), the fine concerned is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 87 of the Fines and Penalties Act for each day served.

"(6) Any period of imprisonment that an offender has to serve as a result of an order under subsection (2) is to be served cumulatively on any period of imprisonment that the offender is serving or has to serve unless the court orders otherwise.".

(4) Sections 27 to 33 (inclusive) of the Sentencing Act are repealed.

14. Amendment of Stock Diseases Act

Section 43C of the Stock Diseases Act is amended –

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act or the Regulations;

(b) if the penalty amount indicated is paid within the time and at the place specified – the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice."; and

(b) by omitting subsection (5) and substituting the following:

"(5) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

15. Amendment of Stock Routes and Travelling Stock Act

Section 65B of the Stock Routes and Travelling Stock Act is amended –

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act or the Regulations;

(b) if the penalty amount indicated is paid within the time and at the place specified – the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice."; and

(b) by omitting subsection (5) and substituting the following:

"(5) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

16. Amendment of Stock (Control of Hormonal Growth Promotants) Act
Section 23A of the Stock (Control of Hormonal Growth Promotants) Act is amended –

(a) by omitting subsection (2) and substituting the following:

"(2) An infringement notice is a notice to the effect that –

(a) an offence is alleged to have been committed against this Act or the Regulations;

(b) if the penalty amount indicated is paid within the time and at the place specified, the alleged offence is expiated and no person is liable for any further proceedings in the matter; and

(c) the person served with the infringement notice can elect to have the matter dealt with by a court by serving written notice in accordance with the directions given on the infringement notice."; and

(b) by omitting subsection (5) and substituting the following:

"(5) The Fines and Penalties Act applies to an infringement notice issued under this section if the amount payable under the infringement notice is not paid within the specified time.".

17. Amendments of Traffic Act
(1) The Traffic Act is amended by inserting in Part VI before section 30 the following:

"29A. Effect of suspension of licence to drive or vehicle registration

"(1) If a person's licence to drive is suspended under this Act or another Act, the person is to be taken not to hold a licence to drive during the period of suspension.

"(2) If the registration of a vehicle is suspended under the Motor Vehicles Act, the vehicle is to be taken to not be registered during the period of suspension.".

(2) Section 33 of the Traffic Act is amended by inserting after subsection (3)(a) the following:

"(aa) a motor vehicle being driven by the shortest practicable route to a repair workshop that has the services of an inspector appointed under the Motor Vehicles Act for the purpose of the vehicle being inspected or repaired in order for it to be registered;".

(3) The Traffic Act is amended by inserting after section 33A the following:

"33B. Person may be cautioned

"(1) If a person contravenes section 32, 33 or 33A because the person's licence to drive or the registration of the vehicle is suspended because the person (or the owner of the vehicle) is a fine defaulter, a member of the Police Force may, if satisfied that the person was unaware of the suspension, caution the person and (if necessary) permit the person to continue to drive the vehicle to a nominated place instead of charging the person with an offence.

"(2) A person who has been previously cautioned under this section for contravening section 32, 33 or 33A is not entitled to be cautioned again on another occasion in respect of the same suspension.

"(3) It is a defence to a charge of contravening section 32, 33 or 33A if the person charged proves that he or she was given permission to drive under subsection (1).".

18. Further Amendments

The Acts specified in Schedule 1 are amended as set out in that schedule.

(2) A regulation amended as set out in Schedule 2 may be amended or repealed by a regulation as if the amendment had been made by a regulation.

20. Repeal of Regulations

The Regulations specified in Schedule 3 are repealed.

Provision	Amendment
	omitSubstitute
Animal Welfare Act Section 77(3)	"Division 2A of Part III of the Justices Act" "the Fines and Penalties Act"
	"the Court" (wherever occurring)"the Fines Enforcement Unit"
	"section 60C of the Justices Act""the Fines and Penalties Act"
Consumer Affairs and Fair Trading Act Section 332(2)	"Division 2A of Part IV of the Justices Act" "the Fines and Penalties Act"
Meat Industries Act Section 60(2)	"Division 2A of Part IV of the Justices Act" "the Fines and Penalties Act"
Residential Tenancies Act Section 18	"Division 2A of Part IV of the Justices Act" "the Fines and Penalties Act"
Waste Management and Pollution Control Act Section 99	"Division 2A of Part IV of the Justices Act" "the Fines and Penalties Act"

Provision	Amendment
	omitsubstitute
Justices Regulations Schedule Form 26 (header)	the reference to section 84
Form 27 (header)	the reference to sections 84 and 85
Forms 29, 30, 31, 32, 33 34, 35, 36 and 37	the entire form
Form 48 (header)	the reference to section 92
Meat Industries Regulations Regulations 4, 5, 6 and 7, 8(1) and (2), 9 to 34 (inclusive), 36 to 42 (inclusive), 43(1), (2) and (3), 44, 46 and 47	"TINES Penalty" "Infringement Notice Penalty"
Regulation 48, paragraph (d) of the definition of "offence"	"TINES Penalty""Infringement Notice Penalty"
Regulations 51 and 58 to 61 (inclusive)	"TINES Penalty""Infringement Notice Penalty"
Schedule 2	"TINES PENALTIES""INFRINGEMENT NOTICE PENALTIES"

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