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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 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Fines, Penalties and
Infringement Notices
Enforcement Act 1994 amended
Division 1 -- Act amended
3. Act amended 3
Division 2 -- Amendments relating to warrants
of commitment issued by Registrar and
debt redirection notices
4. Section 53 amended 3
5. Section 55D amended 3
6. Section 78 amended 4
7. Part 9 Division 1 heading inserted 4
Division 1 -- Provisions for Fines, Penalties and
Infringement Notices Enforcement
Amendment Act 2012
8. Part 9 Division 2 inserted 4
Division 2 -- Provisions for Fines, Penalties and
Infringement Notices Enforcement
Amendment Act 2019
115. Terms used 4
116. Offender not yet arrested under warrant of
commitment issued before first
commencement day 5
142--1 page i
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
117. Offender in custody under warrant of
commitment issued before first
commencement day 6
118. Issue and cancellation of warrants of
commitment in transitional period 7
119. Notices issued under s. 78(1) before first
commencement day 7
Division 3 -- General amendments
9. Section 3 amended 8
10. Sections 4 to 4B inserted 10
4. General principles relating to enforcement
of fines 10
4A. Hardship 10
4B. Remote areas 11
11. Section 5 amended 11
12. Section 5A amended 12
13. Section 5C inserted 12
5C. Act binds Crown 12
14. Section 7A amended 13
15. Sections 10 and 10A deleted 13
16. Section 11 amended 13
17. Section 16 amended 14
18. Section 17 amended 14
19. Section 18 amended 14
20. Section 19 amended 16
21. Section 20 amended 17
22. Sections 20A and 20B inserted 18
20A. Alleged offender may request cancellation
of licence suspension order 18
20B. Registrar may request further information 19
23. Section 21A amended 20
24. Part 3 Division 2A inserted 21
Division 2A -- Time to pay orders
21B. Application for time to pay order 21
21C. Making time to pay order 22
21D. Alleged offender may apply to have time
to pay order amended 23
21E. Registrar may amend time to pay order 23
21F. Payments ordered must be within means
of alleged offender 24
21G. Registrar may cancel time to pay order 24
21H. Enforcement action suspended while time
to pay order is in force 24
25. Section 21 amended 25
26. Section 22 amended 25
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
27. Sections 27A to 27D replaced 26
27A. Certain decisions of Registrar are final 26
28. Section 28 amended 26
29. Part 4 Division 2 heading amended 29
30. Part 4 Division 2 Subdivision 1 heading replaced 30
Subdivision 1 -- Fines taken to be registered when
imposed
31. Section 32 amended 30
32. Section 33 replaced 31
Subdivision 2 -- Fines registered at request of
prosecuting authority
32A. Application 31
32B. Fine may be registered at request of
prosecuting authority 31
Subdivision 3 -- Time to pay orders
32C. Application for time to pay order 32
33. Making time to pay order 32
33. Section 34 amended 34
34. Section 35 amended 34
35. Sections 36 to 39 and Part 4 Division 2
Subdivision 2 heading replaced 35
36. Registrar may cancel time to pay order 35
37. Enforcement action suspended while time
to pay order is in force 35
36. Part 4 Division 3 heading deleted 36
37. Section 40 deleted 36
38. Part 4 Division 2 Subdivision 4 heading inserted 36
Subdivision 4 -- Cancellation of registration
39. Section 41 amended 37
40. Part 4 Division 3 heading inserted 38
Division 3 -- Notice of intention to enforce
41. Section 42 amended 38
42. Part 4 Division 3A heading inserted 39
Division 3A -- Licence suspension orders
43. Section 43 amended 40
44. Section 44 amended 41
45. Sections 44A and 44B inserted 42
44A. Offender may request cancellation of
licence suspension order 42
44B. Registrar may request further information 43
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
46. Part 4 Division 3B heading inserted 44
Division 3B -- Enforcement warrants
47. Section 45 amended 44
48. Part 4 Division 3C heading inserted 45
Division 3C -- Work and development
49. Sections 46 to 47A replaced 45
46. Division does not apply to body corporate 45
47. Order to attend for work and development 45
50. Section 47B amended 46
51. Section 48A replaced 46
47C. Cancellation and duration of order to
attend for work and development 46
52. Section 48 amended 47
53. Section 50 amended 48
54. Section 51 amended 48
55. Section 52 amended 49
56. Section 53A replaced 49
Division 3D -- Fine expiation orders
52A. Division does not apply to body corporate 49
52B. Term used: daily expiation amount 50
52C. When a person is in custody for the
purposes of fine expiation order 50
52D. Fine expiation order 51
52E. Application for fine expiation order 51
52F. Issue of fine expiation order 52
52G. Form of fine expiation order 53
52H. Discharge of liability when fine expiation
order is issued 53
52I. Discharge of liability under ongoing fine
expiation order 54
52J. Cancellation and duration of fine expiation
order 55
Division 3E -- Warrants of commitment and other
court-ordered enforcement action
Subdivision 1 -- Preliminary
52K. Division does not apply to body corporate 56
52L. Magistrates Court to be constituted by
Magistrate 56
Subdivision 2 -- Application for and conduct of
warrant of commitment inquiry
52M. Warrant of commitment inquiry 56
52N. Application for warrant of commitment
inquiry 57
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
52O. Information and evidence to be included in
application 59
52P. Decision on application for warrant of
commitment inquiry 60
52Q. Issue of summons or arrest warrant 60
52R. Conduct of warrant of commitment inquiry 62
52S. Court may make orders or issue warrant
of commitment 62
52T. Effect of orders under s. 52S(1)(a) to (c) 63
Subdivision 3 -- Summons to appear at warrant of
commitment inquiry
52U. Form of summons 64
52V. Service of summons 64
52W. Oral service or substituted service of
summons 65
52X. Summons ceases to have effect if
application withdrawn 66
Subdivision 4 -- Arrest warrant for appearance at
warrant of commitment inquiry
52Y. Form of arrest warrant 67
52Z. Effect of arrest warrant 67
52ZA. Duration of arrest warrant 68
52ZB. Conditional release of arrested offender 68
52ZC. Responsible officer for conditional release
of offender 70
52ZD. Conditional release undertaking 71
52ZE. Duties of person before whom conditional
release undertaking entered into 72
52ZF. Limitations on right to conditional release 72
52ZG. Offence of failure to comply with
conditional release undertaking 73
52ZH. General provisions about conditional
release 73
Subdivision 5 -- Miscellaneous provisions about
warrant of commitment inquiry
52ZI. Withdrawal of application for warrant of
commitment inquiry 74
52ZJ. Appearance of offender at warrant of
commitment inquiry by video link or audio
link 75
52ZK. Appeal 76
52ZL. Evidence of appearance or
non-appearance of offender 76
57. Part 4 Division 3E Subdivision 6 heading inserted 76
Subdivision 6 -- Imprisonment under warrant of
commitment
58. Section 53 amended 77
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
59. Part 4 Division 3F inserted 77
Division 3F -- Interaction of enforcement action
under this Part
53A. Effect of enforcement instrument or WDO
on other enforcement powers 77
53B. Effect of warrant of commitment inquiry
process or warrant of commitment on
other enforcement powers 79
60. Section 54 replaced 80
54. Functions of Registrar in relation to
Service and Execution of Process
Act 1992 (Commonwealth) Part 7 80
61. Sections 55A to 55E replaced 80
55A. Certain decisions of Registrar are final 80
62. Section 56A amended 80
63. Section 56AA inserted 81
56AA. Outstanding orders to pay or elect 81
64. Section 56B amended 82
65. Section 63 amended 83
66. Section 65 amended 84
67. Section 68A amended 85
68. Section 68B amended 86
69. Section 95C amended 87
70. Section 95F amended 87
71. Section 95G amended 88
72. Section 95H amended 89
73. Section 95I amended 90
74. Part 7 Division 6A Subdivision 4 heading amended 90
75. Section 95J amended 91
76. Part 7 Division 6B inserted 93
Division 6B -- Garnishment
Subdivision 1 -- Preliminary
95L. Application 93
95M. Garnishee orders 93
95N. Duration, amendment and cancellation of
garnishee order 94
Subdivision 2 -- Garnishee orders on earnings
95O. Issue of garnishee order on earnings 95
95P. Compliance with garnishee order on
earnings 96
95Q. Notices and returns to be given in relation
to garnishee orders on earnings 98
95R. Discharge of liability to pay debtor 98
95S. Records to be kept by relevant payers 99
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
95T. Protection of employees 99
95U. Regulations for this Subdivision 100
Subdivision 3 -- Garnishee orders on bank accounts
95V. Issue of bank account garnishee order 100
95W. Compliance with bank account garnishee
order 102
95X. Notices to be given by banks 104
95Y. Records to be kept by banks 104
95Z. Administration fee for deduction under
bank account garnishee order 105
95ZA. Requirements for debtor if bank account
garnishee order issued 105
95ZB. Regulations for this Subdivision 106
Subdivision 4 -- General provisions
95ZC. Sheriff may refund money deducted under
garnishee order 106
95ZD. Obtaining information relevant to
garnishee order 106
95ZE. Relevant payer or bank must not disclose
information 107
77. Section 96 amended 108
78. Part 7A inserted 109
Part 7A -- Information
100. Terms used 109
100A. Disclosure of information to Registrar or
Sheriff 110
100B. Disclosure of information by Registrar or
Sheriff 111
100C. Registrar and Sheriff to have access to
records of Director General 111
100D. Regulations relating to information 112
100E. Disclosure not subject to other laws 112
100F. Confidentiality 113
79. Section 101B amended 114
80. Section 101C amended 116
81. Section 101D amended 117
82. Section 103 amended 117
83. Section 105 amended 117
84. Section 105A inserted 117
105A. Delegation by CEO (fines enforcement) 117
85. Section 108A amended 118
86. Section 108 amended 118
87. Section 109A inserted 119
109A. Review of certain amendments made by
Fines, Penalties and Infringement Notices
Enforcement Amendment Act 2019 119
page vii
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
88. Sections 120 to 124 inserted 120
120. Application of amendments 120
121. Time to pay orders 121
122. Enforcement warrant issued before
second commencement day authorises
issue of garnishee order 122
123. Instruments issued under provisions of
former Act 123
124. Administrative information sharing
arrangements 124
89. Various references to vehicles licensed in name of
debtor amended 125
Division 4 -- Amendments relating to work and
development permits
90. Section 3 amended 125
91. Section 28 amended 125
92. Section 32C amended 126
93. Section 42 amended 127
94. Part 4 Division 3C Subdivision 1 heading inserted 127
Subdivision 1 -- Preliminary
95. Part 4 Division 3C Subdivision 2 inserted 127
Subdivision 2 -- Work and development permits
46A. Work and development permit 127
46B. Eligibility for work and development permit 128
46C. Application for work and development
permit 128
46D. Issue of work and development permit 130
46E. Form of work and development permit 130
46F. Duration of work and development permit 131
46G. Discharge of liability under work and
development permit 132
46H. Cancellation of work and development
permit 133
46I. Amendment of work and development
permit 134
46J. Approval of sponsors for work and
development permits 134
46K. General provisions about approved
sponsors 135
46L. Guidelines for work and development
permits 135
46M. Guidelines to be taken into account 136
46N. Regulations about work and development
permits 137
page viii
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
96. Part 4 Division 3C Subdivision 3 heading inserted 138
Subdivision 3 -- Work and development orders
97. Section 50 amended 138
98. Section 55A amended 138
99. Section 100 amended 138
100. Section 100A amended 138
101. Section 100B amended 139
102. Section 101B amended 139
103. Section 109B inserted 140
109B. Review of Part 4 Division 3C
Subdivision 2 140
104. Section 115 amended 140
105. Section 120 amended 140
Part 3 -- Other Acts amended
Division 1 -- Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 amended
106. Act amended 142
107. Section 95 deleted 142
Division 2 -- Criminal Investigation Act 2006
amended
108. Act amended 142
109. Section 125 amended 142
Division 3 -- Cross-border Justice Act 2008
amended
110. Act amended 143
111. Section 7 amended 143
112. Section 120 amended 143
113. Section 121 amended 143
114. Section 122 amended 144
115. Section 127 amended 144
116. Section 130 amended 144
117. Various references to Northern Territory
legislation amended 145
Division 4 -- Electricity Corporations Act 2005
amended
118. Act amended 145
119. Section 40 deleted 145
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Contents
120. Section 72 inserted 146
72. Disclosure of information in compliance
with request under Fines, Penalties and
Infringement Notices Enforcement
Act 1994 146
Division 5 -- Road Traffic (Administration)
Act 2008 amended
121. Act amended 146
122. Section 13C replaced 146
13C. Disclosure of information in compliance
with request under Fines, Penalties and
Infringement Notices Enforcement
Act 1994 146
Division 6 -- Road Traffic (Vehicles) Act 2012
amended
123. Act amended 147
124. Section 5 amended 147
125. Section 16 amended 148
Division 7 -- Sentence Administration Act 2003
amended
126. Act amended 148
127. Section 78 amended 148
Division 8 -- Sentencing Act 1995 amended
128. Act amended 149
129. Section 57A amended 149
130. Section 57B amended 150
131. Section 136G amended 150
page x
Western Australia
LEGISLATIVE ASSEMBLY
Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2019
A Bill for
An Act to amend --
the Fines, Penalties and Infringement Notices Enforcement
Act 1994; and
the Sentence Administration Act 2003; and
the Sentencing Act 1995,
and to make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Fines, Penalties and Infringement Notices
4 Enforcement Amendment Act 2019.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent (assent day);
9 (b) Part 2 (other than Divisions 3 and 4) -- on the day after
10 assent day;
11 (c) Part 2 Division 3 and Part 3 -- on a day fixed by
12 proclamation;
13 (d) the rest of the Act -- on a day fixed by proclamation
14 that is later than the day fixed under paragraph (c).
page 2
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
Act amended Division 1
s. 3
1 Part 2 -- Fines, Penalties and Infringement Notices
2 Enforcement Act 1994 amended
3 Division 1 -- Act amended
4 3. Act amended
5 This Part amends the Fines, Penalties and Infringement Notices
6 Enforcement Act 1994.
7 Division 2 -- Amendments relating to warrants of commitment
8 issued by Registrar and debt redirection notices
9 4. Section 53 amended
10 At the end of section 53(1) insert:
11
12 Note for this subsection:
13 Under section 118(1), the Registrar cannot issue a warrant
14 of commitment under this subsection on or after the day on
15 which the Fines, Penalties and Infringement Notices
16 Enforcement Amendment Act 2019 Part 2 Division 2 comes
17 into operation unless the offender is already serving a
18 period of imprisonment.
19
20 5. Section 55D amended
21 At end of section 55D(1) insert:
22
23 Note for this subsection:
24 Under section 118(1), the Registrar cannot issue a warrant
25 of commitment under this subsection on or after the day on
26 which the Fines, Penalties and Infringement Notices
27 Enforcement Amendment Act 2019 Part 2 Division 2 comes
28 into operation unless the offender is already serving a
29 period of imprisonment.
30
page 3
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 2 Amendments relating to warrants of commitment issued by
Registrar and debt redirection notices
s. 6
1 6. Section 78 amended
2 After section 78(3) insert:
3
4 (4) The Sheriff must not serve a notice under
5 subsection (1) in relation to --
6 (a) compensation that is or may become payable
7 under the Criminal Injuries Compensation
8 Act 2003; or
9 (b) money of a kind prescribed by the regulations.
10
11 7. Part 9 Division 1 heading inserted
12 At the beginning of Part 9 insert:
13
14 Division 1 -- Provisions for Fines, Penalties and
15 Infringement Notices Enforcement Amendment Act 2012
16
17 8. Part 9 Division 2 inserted
18 At the end of Part 9 insert:
19
20 Division 2 -- Provisions for Fines, Penalties and
21 Infringement Notices Enforcement Amendment Act 2019
22 115. Terms used
23 In this Division --
24 first commencement day means the day on which the
25 Fines, Penalties and Infringement Notices Enforcement
26 Amendment Act 2019 Part 2 Division 2 comes into
27 operation under section 2(b) of that Act;
page 4
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
Amendments relating to warrants of commitment issued by Division 2
Registrar and debt redirection notices
s. 8
1 former Act means this Act as in force immediately
2 before the second commencement day;
3 period of concurrent imprisonment, in relation to a
4 warrant of commitment issued or to be issued in
5 relation to an offender under this Act, means any
6 period or term of imprisonment the offender is or
7 would be serving concurrently with imprisonment
8 under the warrant of commitment (other than a period
9 of imprisonment under another warrant of commitment
10 issued under this Act);
11 second commencement day means the day on which
12 the Fines, Penalties and Infringement Notices
13 Enforcement Amendment Act 2019 Part 2 Division 3
14 comes into operation under section 2(c) of that Act;
15 transitional period means the period beginning on the
16 first commencement day and ending immediately
17 before the second commencement day.
18 116. Offender not yet arrested under warrant of
19 commitment issued before first commencement day
20 (1) This section applies if --
21 (a) a warrant of commitment has been issued under
22 this Act before the first commencement day in
23 relation to an offender and a fine; and
24 (b) immediately before the first commencement
25 day, the offender has not been arrested under
26 the warrant.
27 (2) The warrant of commitment is cancelled on the first
28 commencement day.
29 (3) The cancellation of a warrant of commitment in
30 relation to an offender and a fine under this section
31 does not prevent the Registrar from taking any other
page 5
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 2 Amendments relating to warrants of commitment issued by
Registrar and debt redirection notices
s. 8
1 enforcement action under Part 4 in relation to the
2 offender and the fine.
3 117. Offender in custody under warrant of commitment
4 issued before first commencement day
5 (1) This section applies if --
6 (a) 1 or more warrants of commitment (the
7 relevant warrants) have been issued under this
8 Act before the first commencement day in
9 relation to an offender and 1 or more fines (the
10 relevant fines); and
11 (b) immediately before the first commencement
12 day, the offender is imprisoned under the
13 relevant warrants (whether or not the offender
14 is serving 1 or more periods of concurrent
15 imprisonment).
16 (2) If immediately before the first commencement day the
17 offender is not serving any period of concurrent
18 imprisonment --
19 (a) the relevant warrants are cancelled on the first
20 commencement day; and
21 (b) the offender is to be released from
22 imprisonment on the first commencement day;
23 and
24 (c) the liability of the offender to pay the amount
25 owed in respect of each of the relevant fines is
26 taken to be wholly discharged under section 53
27 on the first commencement day, even though
28 only a part of the period for which the offender
29 was to be imprisoned under each of the relevant
30 warrants has been served.
31 (3) If immediately before the first commencement day the
32 offender is serving 1 or more periods of concurrent
page 6
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
Amendments relating to warrants of commitment issued by Division 2
Registrar and debt redirection notices
s. 8
1 imprisonment, the relevant warrants remain in force on
2 and after the first commencement day, subject to
3 sections 53 and 118(2) and (3).
4 118. Issue and cancellation of warrants of commitment
5 in transitional period
6 (1) During the transitional period, the Registrar must not
7 issue a warrant of commitment in relation to an
8 offender under section 53(1) or 55D(1) unless the
9 offender is already serving a period of concurrent
10 imprisonment.
11 (2) Without limiting section 53, a warrant of commitment
12 issued under this Act that is in force in the transitional
13 period (whether issued before or during the transitional
14 period) is cancelled if the offender ceases to be serving
15 any period of concurrent imprisonment.
16 (3) A warrant of commitment issued under this Act that is
17 in force immediately before the second commencement
18 day is cancelled on the second commencement day.
19 (4) The cancellation of a warrant of commitment in
20 relation to an offender and a fine under this section
21 does not prevent the Registrar from taking any other
22 enforcement action under Part 4 in relation to the
23 offender and the fine.
24 119. Notices issued under s. 78(1) before first
25 commencement day
26 (1) This section applies if --
27 (a) before the first commencement day, the Sheriff
28 served a notice under section 78(1) (the
29 section 78 notice) in relation to compensation
30 that was or could become payable under the
31 Criminal Injuries Compensation Act 2003; and
page 7
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 9
1 (b) no money has been paid to the Sheriff in
2 compliance with the section 78 notice before
3 the first commencement day.
4 (2) The section 78 notice is cancelled on the first
5 commencement day.
6 (3) If a compensation award made under the Criminal
7 Injuries Compensation Act 2003 before the first
8 commencement day included a direction that an
9 amount of compensation (the relevant amount) be paid
10 to the Sheriff in compliance with the section 78
11 notice --
12 (a) despite that direction, the relevant amount must
13 not be paid to the Sheriff; and
14 (b) an assessor, as defined in section 3 of that Act,
15 must make another direction as to how the
16 relevant amount is to be paid, or otherwise dealt
17 with, in accordance with that Act.
18
19 Division 3 -- General amendments
20 9. Section 3 amended
21 (1) In section 3(1) delete the definitions of:
22 Department of Corrective Services
23 Electricity Generation and Retail Corporation
24 number plate
25 (2) In section 3(1) insert in alphabetical order:
26
27 approved form means a form approved in writing by
28 the CEO (fines enforcement);
page 8
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 9
1 CEO (fines enforcement) means the chief executive
2 officer of the department of the Public Service
3 principally assisting the Minister in the administration
4 of this Act;
5 Commissioner of Police means the person holding or
6 acting in the office of Commissioner of Police under
7 the Police Act 1892;
8 electricity corporation means a corporation established
9 under the Electricity Corporations Act 2005
10 section 4(1);
11 hardship has a meaning affected by section 4A;
12 number plate has the meaning given in the Road
13 Traffic (Vehicles) Act 2012 section 3(1);
14 Registrar's website means a website, or a part of a
15 website, maintained by or on behalf of the Registrar;
16 remote area means an area designated as a remote area
17 under regulations made for the purposes of section 4B;
18 work and development order (WDO) means an order
19 made under section 48, as amended from time to time.
20
21 (3) In section 3(1) in the definition of vehicle licence delete "2012."
22 and insert:
23
24 2012;
25
26 (4) Delete section 3(2).
page 9
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 10
1 10. Sections 4 to 4B inserted
2 After section 3 insert:
3
4 4. General principles relating to enforcement of fines
5 (1) A person performing a function under this Act must
6 have regard to the principles set out in subsection (2).
7 (2) For the purposes of subsection (1), the principles are --
8 (a) that imprisonment for failure to pay a fine is an
9 enforcement measure of last resort; and
10 (b) that an offender who is experiencing hardship
11 affecting the offender's capacity to pay a fine
12 or to perform the requirements of a work and
13 development order should not be imprisoned by
14 reason only of a failure to pay a fine.
15 4A. Hardship
16 (1) For the purposes of this Act, a person is experiencing
17 hardship if the person --
18 (a) is experiencing financial hardship; or
19 (b) has been or might be subjected or exposed to
20 family violence (as defined in the Restraining
21 Orders Act 1997 section 3(1)); or
22 (c) has a mental illness (as defined in the Mental
23 Health Act 2014 section 4); or
24 (d) has a disability (as defined in the Disability
25 Services Act 1993 section 3); or
26 (e) is homeless; or
27 (f) is experiencing alcohol or other drug use
28 problems.
page 10
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 11
1 (2) Subsection (1) does not limit the circumstances in
2 which a person may be experiencing hardship for the
3 purposes of this Act.
4 4B. Remote areas
5 (1) The regulations may designate 1 or more areas of the
6 State as remote areas for the purposes of this Act.
7 (2) Regulations made for the purposes of subsection (1)
8 must not designate as a remote area an area that
9 includes the metropolitan region (as defined in the
10 Planning and Development Act 2005 section 4(1)) or
11 any part of the metropolitan region.
12
13 11. Section 5 amended
14 (1) In section 5(3):
15 (a) delete "the service of documents under Part 4 or 7 on a
16 person or the publication of relevant details of a person
17 under Part 5A, if a fine has been imposed on the" and
18 insert:
19
20 this Act, if a fine has been imposed on a
21
22 (b) delete "that he or she" and insert:
23
24 or the Sheriff that the person
25
26 (2) In section 5(4):
27 (a) delete "the service of any document under";
28 (b) delete paragraph (b) and insert:
29
30 (b) an electricity corporation; or
page 11
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 12
1 (c) a government department, or agency, of the
2 Commonwealth.
3
4 12. Section 5A amended
5 In section 5A(2):
6 (a) in paragraph (a)(i) delete "section 47 or 47A;" and
7 insert:
8
9 section 47;
10
11 (b) after paragraph (d) insert:
12
13 (e) a summons or arrest warrant issued under
14 section 52Q;
15
16 (c) in paragraph (f) delete "Part 7;" and insert:
17
18 Part 7, other than a garnishee order under section 95O or
19 95V;
20
21 13. Section 5C inserted
22 At the end of Part 1 insert:
23
24 5C. Act binds Crown
25 This Act binds the Crown in right of Western Australia
26 and, so far as the legislative power of the Parliament
27 permits, the Crown in all its other capacities.
28
page 12
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 14
1 14. Section 7A amended
2 Delete section 7A(1)(b) and insert:
3
4 (b) the power under section 52F to issue a fine
5 expiation order.
6
7 15. Sections 10 and 10A deleted
8 Delete sections 10 and 10A.
9 16. Section 11 amended
10 (1) In section 11 delete the definitions of:
11 aggregate unpaid infringement amount
12 outstanding order to pay or elect
13 (2) In section 11 insert in alphabetical order:
14
15 enforcement warrant means a warrant issued under
16 section 21A;
17 licence suspension order means an order made under
18 section 19;
19 time to pay order means an order made under
20 section 21C, as amended from time to time;
21
22 (3) In section 11 in the definition of enforcement fees delete "under
23 this Part" and insert:
24
25 under this Act in relation to an infringement notice
26
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Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 17
1 (4) In section 11 in the definition of modified penalty delete
2 "offender is to pay if he or she" and insert:
3
4 alleged offender is to pay if the alleged offender
5
6 (5) In section 11 in the definition of unpaid infringement amount
7 delete "an order to pay or elect issued under section 17, means
8 that amount of the modified penalty, and enforcement fees,
9 specified in the order that has not been paid," and insert:
10
11 a registered infringement notice, means that amount of the
12 modified penalty, and enforcement fees, specified in the order to
13 pay or elect for the infringement notice that has not been paid
14
15 17. Section 16 amended
16 Delete section 16(1)(b) and insert:
17
18 (b) any information prescribed by the regulations,
19
20 18. Section 17 amended
21 In section 17(4) delete "may, in some circumstances,".
22 19. Section 18 amended
23 (1) Delete section 18(1)(b) and insert:
24
25 (b) the unpaid infringement amount in respect of
26 the infringement notice to which the order
27 relates has not been paid to the Registry; and
28
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 19
1 (2) In section 18(3):
2 (a) delete paragraph (a) and insert:
3
4 (a) the unpaid infringement amount in respect of
5 the infringement notice to which the order
6 relates is paid to the Registry; or
7
8 (b) in paragraph (d) delete "in some circumstances,".
9 (3) In section 18(5):
10 (a) in paragraph (b) after "will" insert:
11
12 generally
13
14 (b) after paragraph (c) insert:
15
16 (ca) state that a licence suspension order cannot be
17 made in respect of an alleged offender who is
18 an individual if the alleged offender's last
19 known address is in a remote area; and
20 (cb) explain the effect of section 19(2A)(b) and
21 advise an alleged offender who is an individual
22 to give the Registrar any information about the
23 alleged offender's personal circumstances that
24 is relevant to whether section 20A(3) would
25 apply if a licence suspension order were made;
26 and
27
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 20
1 20. Section 19 amended
2 (1) In section 19(1):
3 (a) in paragraph (a) delete "enforce; and" and insert:
4
5 enforce in relation to an infringement notice; and
6
7 (b) in paragraph (b) delete "modified penalty, and
8 enforcement fees, specified in that notice have" and
9 insert:
10
11 unpaid infringement amount in respect of the
12 infringement notice has
13
14 (2) After section 19(2) insert:
15
16 (2A) The Registrar cannot make a licence suspension order
17 in respect of an alleged offender who is an individual
18 if --
19 (a) the alleged offender's last known address is in a
20 remote area; or
21 (b) the alleged offender has given the Registrar
22 information about the alleged offender's
23 personal circumstances that gives the Registrar
24 reasonable grounds to believe that
25 section 20A(3) would apply to the alleged
26 offender if the licence suspension order were
27 made.
28
29 (3) In section 19(6) delete "he or she" and insert:
30
31 the Registrar
32
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 21
1 (4) Delete section 19(8) and insert:
2
3 (8) A notice confirming licence suspension must --
4 (a) state that a licence suspension order has been
5 made and explain the terms of the order; and
6 (b) state the date and time when the licence
7 suspension order has effect; and
8 (c) explain that an alleged offender who is an
9 individual can request that the order be
10 cancelled under section 20A(1).
11
12 21. Section 20 amended
13 (1) After section 20(2) insert:
14
15 (2A) The Registrar must cancel a licence suspension order if
16 the alleged offender gives the Registrar a notice stating
17 that the alleged offender's current address is in a
18 remote area.
19 (2B) A notice under subsection (2A) must be in the
20 approved form and accompanied by any documentation
21 or evidence required by the approved form.
22
23 (2) In section 20(3) delete "subsection (2)," and insert:
24
25 subsection (2) or (2A) or section 20A(5)(b),
26
27 (3) In section 20(5) delete "subsection (1) or (2)," and insert:
28
29 this section or section 20A(5)(b),
30
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Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 22
1 22. Sections 20A and 20B inserted
2 After section 20 insert:
3
4 20A. Alleged offender may request cancellation of licence
5 suspension order
6 (1) An alleged offender who is an individual may, in
7 accordance with the regulations, request the Registrar
8 to cancel a licence suspension order that has been made
9 in respect of the alleged offender and an infringement
10 notice.
11 (2) A request under subsection (1) cannot be made if an
12 election has been made under section 21.
13 (3) A request under subsection (1) may be made by an
14 alleged offender if --
15 (a) the licence suspension order deprives the
16 alleged offender of --
17 (i) the means of obtaining urgent medical
18 treatment for an illness, disease or
19 disability known to be suffered by the
20 alleged offender or a member of the
21 alleged offender's family; or
22 (ii) the principal means of obtaining income
23 with which to pay the unpaid
24 infringement amount;
25 or
26 (b) the licence suspension order seriously hinders
27 the alleged offender in performing family or
28 personal responsibilities.
29 (4) Without limiting subsection (3)(a)(ii), the Registrar
30 may, for the purposes of that subsection, consider the
31 effect that the licence suspension order has had or will
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Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 22
1 have on the ability of the alleged offender to seek or
2 obtain employment.
3 (5) If the Registrar is satisfied that subsection (3) applies to
4 the alleged offender, the Registrar --
5 (a) must agree to the request; and
6 (b) must cancel the licence suspension order; and
7 (c) cannot make another licence suspension order
8 under section 19 in respect of the alleged
9 offender and the infringement notice unless --
10 (i) the Registrar is satisfied that
11 subsection (3) no longer applies to the
12 alleged offender; or
13 (ii) the Registrar makes a request under
14 section 20B(2) and the alleged offender
15 does not comply with the request.
16 20B. Registrar may request further information
17 (1) This section applies if the Registrar --
18 (a) does not make a licence suspension order in
19 respect of an alleged offender because of
20 section 19(2A)(b); or
21 (b) agrees to an alleged offender's request under
22 section 20A(1) to cancel a licence suspension
23 order.
24 (2) The Registrar may request the alleged offender to
25 provide, by a specified date, information or evidence in
26 relation to whether section 20A(3) would apply if a
27 licence suspension order were made in relation to the
28 alleged offender.
29 (3) The request must be in writing and must be served on
30 the alleged offender.
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 23
1 (4) The Registrar must not make a request under
2 subsection (2) more than once in every period of
3 12 months unless the Registrar is advised that the
4 personal circumstances of the alleged offender have
5 changed.
6 (5) If the alleged offender does not comply with a request
7 under subsection (2) the Registrar may, for the
8 purposes of section 19(2A)(b), presume that
9 section 20A(3) would not apply to the alleged offender
10 if a licence suspension order were made.
11
12 23. Section 21A amended
13 (1) In section 21A(1):
14 (a) in paragraph (a) delete "issued; and" and insert:
15
16 issued in relation to an infringement notice; and
17
18 (b) in paragraph (b) delete "modified penalty, and
19 enforcement fees, specified in the notice have" and
20 insert:
21
22 unpaid infringement amount in respect of the
23 infringement notice has
24
25 (c) in paragraph (c) delete "section 21; and" and insert:
26
27 section 21,
28
29 (d) delete paragraph (d).
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 24
1 (2) In section 21A(3) delete "modified penalty and enforcement
2 fees owed by the alleged offender." and insert:
3
4 unpaid infringement amount in respect of the infringement
5 notice.
6
7 24. Part 3 Division 2A inserted
8 After Part 3 Division 2 insert:
9
10 Division 2A -- Time to pay orders
11 21B. Application for time to pay order
12 (1) An alleged offender may apply to the Registrar for a
13 time to pay order in respect of an infringement notice
14 that has been registered.
15 (2) An application under subsection (1) must be made in
16 accordance with the regulations and must include an
17 offer to pay the unpaid infringement amount in respect
18 of the infringement notice before a specified date or by
19 regular instalments.
20 (3) An application under subsection (1) --
21 (a) can be made at any time after the infringement
22 notice is registered, whether or not a licence
23 suspension order is in force in respect of the
24 alleged offender and the infringement notice;
25 but
26 (b) cannot be made if --
27 (i) an enforcement warrant is in force in
28 relation to the alleged offender and the
29 infringement notice; or
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 24
1 (ii) the alleged offender has made an
2 election under section 21.
3 21C. Making time to pay order
4 (1) On an application under section 21B, the Registrar may
5 require the alleged offender to undergo a means test.
6 (2) On an application under section 21B, the Registrar, if
7 the Registrar thinks fit, may make a time to pay order.
8 (3) The Registrar must make a time to pay order on an
9 application under section 21B if the Registrar is
10 satisfied that --
11 (a) the alleged offender does not have the means to
12 pay the unpaid infringement amount in respect
13 of the infringement notice within 28 days after
14 the application is made; and
15 (b) the alleged offender's offer to pay the unpaid
16 infringement amount by a specified date or by
17 regular instalments is reasonable; and
18 (c) either --
19 (i) the alleged offender has not previously
20 contravened a time to pay order under
21 this Act (including a time to pay order
22 in relation to a different infringement
23 notice or a time to pay order made under
24 section 33); or
25 (ii) there is a reasonable excuse for any
26 previous contravention by the alleged
27 offender of a time to pay order under
28 this Act.
29 (4) A time to pay order may require the alleged
30 offender --
31 (a) to pay the unpaid infringement amount in
32 respect of the infringement notice before a set
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 24
1 date that is later than 28 days after the day on
2 which the time to pay order is made; or
3 (b) to pay the unpaid infringement amount in
4 respect of the infringement notice by
5 instalments on or before set dates.
6 (5) A time to pay order must be served on the alleged
7 offender.
8 (6) If the Registrar refuses to make a time to pay order on
9 an application under section 21B, notice of the refusal
10 must be served on the alleged offender.
11 21D. Alleged offender may apply to have time to pay
12 order amended
13 (1) An alleged offender who has obtained a time to pay
14 order in respect of an infringement notice may apply to
15 the Registrar, in accordance with the regulations, to
16 have the time to pay order amended.
17 (2) On an application the Registrar may require the alleged
18 offender to undergo a means test.
19 (3) On an application the Registrar, if the Registrar thinks
20 fit, may amend a time to pay order.
21 (4) An amended time to pay order must be served on the
22 alleged offender.
23 (5) If the Registrar refuses to amend a time to pay order,
24 notice of the refusal must be served on the alleged
25 offender.
26 21E. Registrar may amend time to pay order
27 (1) The Registrar may at any time request an alleged
28 offender who has obtained a time to pay order in
29 respect of an infringement notice to undergo a means
30 test.
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Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 24
1 (2) The request must be in writing and must be served on
2 the alleged offender.
3 (3) After means testing the alleged offender, the Registrar,
4 if the Registrar thinks fit, may amend the time to pay
5 order.
6 (4) An amended time to pay order must be served on the
7 alleged offender.
8 (5) The Registrar must not require an alleged offender to
9 undergo a means test more than once in every period of
10 12 months, unless the Registrar is advised that the
11 financial circumstances of the alleged offender have
12 changed.
13 21F. Payments ordered must be within means of alleged
14 offender
15 In making or amending a time to pay order, the
16 Registrar must ensure that any payment to be made
17 under the order is within the alleged offender's means
18 to pay it.
19 21G. Registrar may cancel time to pay order
20 (1) The Registrar may cancel a time to pay order if the
21 alleged offender --
22 (a) contravenes the order; or
23 (b) does not comply with a request made under
24 section 21E(1).
25 (2) Notice of the cancellation must be served on the
26 alleged offender.
27 21H. Enforcement action suspended while time to pay
28 order is in force
29 (1) If the Registrar makes a time to pay order in respect of
30 an infringement notice, the Registrar must, as soon as
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Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 25
1 practicable, cancel any licence suspension order in
2 force in relation to the infringement notice.
3 (2) If a time to pay order is in force in respect of an
4 infringement notice, the Registrar must not, despite any
5 other provision of this Part --
6 (a) issue a notice of intention to enforce under
7 section 18 in relation to the infringement
8 notice; or
9 (b) make a licence suspension order in relation to
10 the infringement notice; or
11 (c) issue an enforcement warrant in relation to the
12 infringement notice.
13
14 25. Section 21 amended
15 In section 21(1)(c) delete "section 27A(4); and" and insert:
16
17 section 21C; and
18
19 26. Section 22 amended
20 In section 22(5):
21 (a) delete paragraph (c)(ii) and insert:
22
23 (ii) under the enforcement warrant, a
24 vehicle licence cancellation and
25 disqualification order was made under
26 section 95J in respect of a vehicle of the
27 alleged offender,
28
29 (b) in paragraph (c) delete "regulations." and insert:
30
31 regulations; and
32
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Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 27
1 (c) after paragraph (c) insert:
2
3 (d) if any amount has been paid to the Sheriff
4 under a garnishee order issued under an
5 enforcement warrant that was issued in respect
6 of the infringement notice, the alleged offender
7 is to be refunded that amount; and
8 (e) if any administration fee of a kind referred to in
9 section 95Z has been charged by the bank in
10 relation to a garnishee order referred to in
11 paragraph (d), the alleged offender is to be paid
12 an amount equal to that fee by the Sheriff.
13
14 27. Sections 27A to 27D replaced
15 Delete sections 27A to 27D and insert:
16
17 27A. Certain decisions of Registrar are final
18 A decision of the Registrar under section 20A or
19 Division 2A is final.
20
21 28. Section 28 amended
22 (1) In section 28(1) delete the definitions of:
23 time to pay order
24 work and development order
25 (2) In section 28(1) insert in alphabetical order:
26
27 amount owed, in relation to a fine, means the amount
28 of the fine and any enforcement fees relating to the
29 fine --
30 (a) that has not been paid or recovered under an
31 enforcement warrant; and
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Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 28
1 (b) the liability to pay which has not been
2 discharged under section 51, 52H, 52I, 52T(3)
3 or 53;
4 audio link has the meaning given in the Criminal
5 Procedure Act 2004 section 3(1);
6 authorised police officer has the meaning given in the
7 Bail Act 1982 section 3(1);
8 court custody centre has the meaning given in the
9 Court Security and Custodial Services Act 1999
10 section 3;
11 detainee means a person who is detained in a detention
12 centre;
13 detention centre has the meaning given in the
14 Inspector of Custodial Services Act 2003 section 3;
15 enforceable registered fine, in relation to an offender,
16 means a fine imposed on the offender if --
17 (a) the fine is registered; and
18 (b) the amount owed in respect of the fine has not
19 been paid in full or recovered in full under an
20 enforcement warrant; and
21 (c) the liability of the offender to pay the amount
22 owed in respect of the fine has not been wholly
23 discharged under section 51, 52H, 52I, 52T(3)
24 or 53;
25 enforcement instrument means --
26 (a) a licence suspension order; or
27 (b) an enforcement warrant; or
28 (c) an order to attend for work and development; or
29 (d) a fine expiation order;
30 enforcement warrant means a warrant issued under
31 section 45;
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Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 28
1 fine enforcement (WDO) order means an order made
2 under the Sentencing Act 1995 section 57A(3);
3 fine expiation order means an order issued under
4 section 52F;
5 licence suspension order means an order made under
6 section 43;
7 ongoing fine expiation order has the meaning given in
8 section 52I;
9 order to attend for work and development means an
10 order issued under section 47(1);
11 person in court custody means a person in custody as
12 defined in the Court Security and Custodial Services
13 Act 1999 section 3 for whom the CEO (as defined in
14 that section) is responsible under that Act;
15 police facility means a police station or other premises
16 managed or controlled by the Commissioner of Police
17 at which a person may be detained in police custody;
18 prison has the meaning given in the Inspector of
19 Custodial Services Act 2003 section 3;
20 prisoner has the meaning given in the Prisons Act 1981
21 section 3(1);
22 responsible officer, in relation to an offender arrested
23 under an arrest warrant issued under section 52Q(1)(b),
24 has the meaning given in section 52ZC(2);
25 time to pay order means an order made under
26 section 33, as amended from time to time;
27 video link has the meaning given in the Criminal
28 Procedure Act 2004 section 3(1);
29 warrant of commitment means a warrant of
30 commitment issued under section 52S;
31 warrant of commitment inquiry has the meaning given
32 in section 52M(1);
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Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
General amendments Division 3
s. 29
1 warrant of commitment inquiry process has the
2 meaning given in section 52M(2).
3
4 (3) In section 28(1) in the definition of court officer delete "chief
5 executive officer;" and insert:
6
7 CEO (fines enforcement);
8
9 (4) In section 28(1) in the definition of enforcement fees delete
10 "under this Part;" and insert:
11
12 under this Act in relation to a fine;
13
14 (5) In section 28(1) in the definition of registered delete
15 "section 41(1);" and insert:
16
17 section 32(2)(a) or 32B;
18
19 (6) Delete section 28(2).
20 29. Part 4 Division 2 heading amended
21 In the heading to Part 4 Division 2 after "Payment" insert:
22
23 and registration
24
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Bill 2019
Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 3 General amendments
s. 30
1 30. Part 4 Division 2 Subdivision 1 heading replaced
2 Delete the heading to Part 4 Division 2 Subdivision 1 and insert:
3
4 Subdivision 1 -- Fines taken to be registered when imposed
5
6 31. Section 32 amended
7 (1) In section 32(2)(b) delete "section 42 or 47A in relation to the
8 fine" and insert:
9
10 this Part to enforce the fine
11
12 (2) Delete section 32(3)(b) and (c) and insert:
13
14 (b) one of the methods of enforcement available
15 under this Part is already being applied in
16 respect of another enforceable registered fine of
17 the offender.
18
19 (3) Delete section 32(4) and insert:
20
21 (4) This section is subject to the Sentencing Act 1995
22 sections 57A, 58 and 59.
23
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General amendments Division 3
s. 32
1 32. Section 33 replaced
2 Delete section 33 and insert:
3
4 Subdivision 2 -- Fines registered at request of prosecuting
5 authority
6 32A. Application
7 This Subdivision applies to a fine to which
8 Subdivision 1 does not apply.
9 32B. Fine may be registered at request of prosecuting
10 authority
11 (1) A fine imposed on an offender may be registered by a
12 court officer if the prosecuting authority has given the
13 court officer a written notice requesting the court
14 officer to register the fine.
15 (2) In subsection (1) --
16 prosecuting authority means --
17 (a) if the Sentencing Act 1995 section 60(2) or (3)
18 applies to the fine -- the person that is to be
19 paid the fine, or who administers the fund or
20 account that is to be credited with the fine,
21 under that section; or
22 (b) if the fine was imposed under a law of the
23 Commonwealth -- a person who administers
24 proceedings in relation to offences under that
25 law.
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Division 3 General amendments
s. 32
1 Subdivision 3 -- Time to pay orders
2 32C. Application for time to pay order
3 (1) An offender may apply to the Registrar for a time to
4 pay order in respect of a fine imposed on the offender
5 that has been registered.
6 (2) An application under subsection (1) must be made in
7 accordance with the regulations and must include an
8 offer to pay the amount owed in respect of the fine
9 before a specified date or by regular instalments.
10 (3) An application under subsection (1) --
11 (a) can be made at any time after the fine is
12 registered, whether or not --
13 (i) a licence suspension order, order to
14 attend for work and development or
15 WDO is in force in relation to the
16 offender and the fine; or
17 (ii) a warrant of commitment inquiry
18 process is occurring in relation to the
19 offender and the fine;
20 but
21 (b) cannot be made if an enforcement warrant,
22 ongoing fine expiation order or warrant of
23 commitment is in force in relation to the
24 offender and the fine.
25 33. Making time to pay order
26 (1) On an application under section 32C, the Registrar may
27 require the offender to undergo a means test.
28 (2) On an application under section 32C, the Registrar, if
29 the Registrar thinks fit, may make a time to pay order.
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General amendments Division 3
s. 32
1 (3) The Registrar must make a time to pay order on an
2 application under section 32C if --
3 (a) the Registrar is satisfied that the offender does
4 not have the means to pay the amount owed in
5 respect of the fine within 28 days after the
6 application is made; and
7 (b) the Registrar is satisfied that the offender's
8 offer to pay the amount owed by a specified
9 date or by regular instalments is reasonable;
10 and
11 (c) the Registrar is satisfied that either --
12 (i) the offender has not previously
13 contravened a time to pay order under
14 this Act (including a time to pay order
15 in relation to a different fine or a time to
16 pay order made under section 21C); or
17 (ii) there is a reasonable excuse for any
18 previous contravention by the offender
19 of a time to pay order under this Act;
20 and
21 (d) a warrant of commitment inquiry process is not
22 occurring in relation to the offender and the
23 fine.
24 (4) A time to pay order may require the offender --
25 (a) to pay the amount owed in respect of the fine
26 before a set date that is later than 28 days after
27 the day on which the time to pay order is made;
28 or
29 (b) to pay the amount owed in respect of the fine
30 by instalments on or before set dates.
31 (5) A time to pay order must be served on the offender.
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s. 33
1 (6) If the Registrar refuses to make a time to pay order on
2 an application under section 32C, notice of the refusal
3 must be served on the offender.
4
5 33. Section 34 amended
6 (1) In section 34(1) delete "Registrar" and insert:
7
8 Registrar, in accordance with the regulations,
9
10 (2) In section 34(4) delete "he or she" and insert:
11
12 the Registrar
13
14 34. Section 35 amended
15 (1) In section 35(2) after "if the" insert:
16
17 amount owed in respect of the
18
19 (2) In section 35(4) delete "he or she" and insert:
20
21 the Registrar
22
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General amendments Division 3
s. 35
1 35. Sections 36 to 39 and Part 4 Division 2 Subdivision 2
2 heading replaced
3 Delete sections 36 to 38A, the heading to Part 4 Division 2
4 Subdivision 2 and sections 38 and 39 and insert:
5
6 36. Registrar may cancel time to pay order
7 (1) The Registrar may cancel a time to pay order if the
8 offender --
9 (a) contravenes the order; or
10 (b) does not comply with a request made under
11 section 35(1).
12 (2) Notice of the cancellation must be served on the
13 offender.
14 37. Enforcement action suspended while time to pay
15 order is in force
16 (1) If the Registrar makes a time to pay order in respect of
17 a fine, the Registrar must, as soon as practicable,
18 cancel any licence suspension order or order to attend
19 for work and development that is in force in relation to
20 the fine.
21 (2) If the Registrar makes a time to pay order in respect of
22 a fine, the CEO (corrections) must, as soon as
23 practicable, cancel any WDO that is in force in relation
24 to the fine.
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s. 36
1 (3) If a time to pay order is in force in respect of a fine, the
2 Registrar must not, despite any other provision of this
3 Part --
4 (a) issue a notice of intention to enforce under
5 section 42 in relation to the fine; or
6 (b) make or issue an enforcement instrument in
7 relation to the fine; or
8 (c) make an application under section 52N in
9 relation to the fine.
10 (4) If the Registrar makes a time to pay order in respect of
11 a fine while a warrant of commitment inquiry process
12 is occurring in relation to the offender and the fine, the
13 Registrar must, as soon as practicable, withdraw the
14 application for the warrant of commitment inquiry
15 under section 52ZI.
16
17 36. Part 4 Division 3 heading deleted
18 Delete the heading to Part 4 Division 3.
19 37. Section 40 deleted
20 Delete section 40.
21 38. Part 4 Division 2 Subdivision 4 heading inserted
22 Before section 41 insert:
23
24 Subdivision 4 -- Cancellation of registration
25
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s. 39
1 39. Section 41 amended
2 (1) Delete section 41(1).
3 (2) Delete section 41(3) and insert:
4
5 (3) At any time after a fine is registered a court officer
6 may, if there is good reason to do so, order the
7 Registrar in writing to cancel the registration, unless --
8 (a) an enforcement warrant or warrant of
9 commitment is in force in relation to the fine;
10 or
11 (b) a warrant of commitment inquiry process is
12 occurring in relation to the fine.
13
14 (3) In section 41(4):
15 (a) delete "Division 2";
16 (b) delete "section 39(2))." and insert:
17
18 section 32B(2)).
19
20 (4) In section 41(5):
21 (a) in paragraph (a) delete "section 55A(4)" and insert:
22
23 section 33
24
25 (b) delete paragraphs (b) and (c) and insert:
26
27 (b) any enforcement instrument or WDO in force
28 in respect of the fine is cancelled; and
29
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s. 40
1 (c) in paragraph (d) delete "order" and insert:
2
3 time to pay order or licence suspension order
4
5 Note: The heading to amended section 41 is to read:
6 Cancellation of registration
7 40. Part 4 Division 3 heading inserted
8 After section 41 insert:
9
10 Division 3 -- Notice of intention to enforce
11
12 41. Section 42 amended
13 (1) Delete section 42(1) and insert:
14
15 (1) The Registrar may issue a notice of intention to enforce
16 in relation to a registered fine.
17
18 (2) In section 42(3):
19 (a) in paragraph (c) delete "offender; and" and insert:
20
21 offender.
22
23 (b) delete paragraph (d).
24 (3) In section 42(5):
25 (a) in paragraph (b) after "will" insert:
26
27 generally
28
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1 (b) after paragraph (c) insert:
2
3 (ca) state that a licence suspension order cannot be
4 made in respect of an offender who is an
5 individual if the offender's last known address
6 is in a remote area; and
7 (cb) explain the effect of section 43(2A)(b) and
8 advise an offender who is an individual to give
9 the Registrar any information about the
10 offender's personal circumstances that is
11 relevant to whether section 44A(2) would apply
12 if a licence suspension order were made; and
13
14 (c) after paragraph (d) insert:
15
16 (da) explain the circumstances in which a fine
17 expiation order can be issued and how an
18 application for a fine expiation order can be
19 made; and
20 (db) explain that, if other enforcement action is
21 unsuccessful, the Registrar can apply to the
22 Magistrates Court for a warrant of commitment
23 inquiry to be held; and
24 (dc) explain the principles in section 4; and
25
26 42. Part 4 Division 3A heading inserted
27 After section 42 insert:
28
29 Division 3A -- Licence suspension orders
30
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s. 43
1 43. Section 43 amended
2 (1) Delete section 43(1) and insert:
3
4 (1) The Registrar may make a licence suspension order in
5 respect of an offender and an enforceable registered
6 fine if --
7 (a) a notice of intention to enforce has been issued
8 under section 42 in relation to the fine; and
9 (b) the due date specified in that notice has passed.
10
11 (2) After section 43(2) insert:
12
13 (2A) The Registrar cannot make a licence suspension order
14 in respect of an offender who is an individual if --
15 (a) the offender's last known address is in a remote
16 area; or
17 (b) the offender has given the Registrar
18 information about the offender's personal
19 circumstances that gives the Registrar
20 reasonable grounds to believe that
21 section 44A(2) would apply to the offender if
22 the licence suspension order were made.
23
24 (3) In section 43(6) delete "he or she" and insert:
25
26 the Registrar
27
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1 (4) Delete section 43(8) and insert:
2
3 (8) A notice confirming licence suspension must --
4 (a) state that a licence suspension order has been
5 made and explain the terms of the order; and
6 (b) state the date and time when the licence
7 suspension order has effect; and
8 (c) explain that an offender who is an individual
9 can request that the order be cancelled under
10 section 44A(1).
11
12 44. Section 44 amended
13 (1) After section 44(2) insert:
14
15 (2A) The Registrar must cancel a licence suspension order if
16 the offender gives the Registrar a notice stating that the
17 offender's current address is in a remote area.
18 (2B) A notice under subsection (2A) must be in the
19 approved form and accompanied by any documentation
20 or evidence required by the approved form.
21
22 (2) In section 44(3) delete "subsection (2) or section 45(2)," and
23 insert:
24
25 subsection (2) or (2A) or section 37(1), 44A(4)(b) or 53A(2)(b),
26
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1 (3) In section 44(5) delete "subsection (1) or (2) or section 45(2),"
2 and insert:
3
4 this section or section 37(1), 44A(4)(b) or 53A(2)(b),
5
6 45. Sections 44A and 44B inserted
7 After section 44 insert:
8
9 44A. Offender may request cancellation of licence
10 suspension order
11 (1) An offender who is an individual may, in accordance
12 with the regulations, request the Registrar to cancel a
13 licence suspension order that has been made in respect
14 of the offender and an enforceable registered fine.
15 (2) A request under subsection (1) may be made by an
16 offender if --
17 (a) the licence suspension order deprives the
18 offender of --
19 (i) the means of obtaining urgent medical
20 treatment for an illness, disease or
21 disability known to be suffered by the
22 offender or a member of the offender's
23 family; or
24 (ii) the principal means of obtaining income
25 with which to pay the amount owed in
26 respect of the fine;
27 or
28 (b) the licence suspension order seriously hinders
29 the offender in performing family or personal
30 responsibilities.
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1 (3) Without limiting subsection (2)(a)(ii), the Registrar
2 may, for the purposes of that subsection, consider the
3 effect that the licence suspension order has had or will
4 have on the ability of the offender to seek or obtain
5 employment.
6 (4) If the Registrar is satisfied that subsection (2) applies to
7 the offender, the Registrar --
8 (a) must agree to the request; and
9 (b) must cancel the licence suspension order; and
10 (c) cannot make another licence suspension order
11 under section 43 in respect of the offender and
12 the fine unless --
13 (i) the Registrar is satisfied that
14 subsection (2) no longer applies to the
15 offender; or
16 (ii) the Registrar makes a request under
17 section 44B(2) and the offender does
18 not comply with the request.
19 44B. Registrar may request further information
20 (1) This section applies if the Registrar --
21 (a) does not make a licence suspension order in
22 relation to an offender because of
23 section 43(2A)(b); or
24 (b) agrees to an offender's request under
25 section 44A(1) to cancel a licence suspension
26 order.
27 (2) The Registrar may request the offender to provide, by a
28 specified date, information or evidence in relation to
29 whether section 44A(2) would apply if a licence
30 suspension order were made in relation to the offender.
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1 (3) The request must be in writing and must be served on
2 the offender.
3 (4) The Registrar must not make a request under
4 subsection (2) more than once in every period of
5 12 months unless the Registrar is advised that the
6 personal circumstances of the offender have changed.
7 (5) If the offender does not comply with a request under
8 subsection (2) the Registrar may, for the purposes of
9 section 43(2A)(b), presume that section 44A(2) would
10 not apply to the offender if a licence suspension order
11 were made.
12
13 46. Part 4 Division 3B heading inserted
14 Before section 45 insert:
15
16 Division 3B -- Enforcement warrants
17
18 47. Section 45 amended
19 Delete section 45(1) and insert:
20
21 (1) The Registrar may issue an enforcement warrant in
22 respect of an offender and an enforceable registered
23 fine if --
24 (a) a notice of intention to enforce has been issued
25 under section 42 in relation to the fine; and
26 (b) the due date specified in that notice has passed.
27
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General amendments Division 3
s. 48
1 48. Part 4 Division 3C heading inserted
2 After section 45 insert:
3
4 Division 3C -- Work and development
5
6 49. Sections 46 to 47A replaced
7 Delete sections 46 to 47A and insert:
8
9 46. Division does not apply to body corporate
10 This Division does not apply in relation to an offender
11 that is a body corporate.
12 47. Order to attend for work and development
13 (1) The Registrar may issue an order to attend for work
14 and development in respect of an offender and an
15 enforceable registered fine if --
16 (a) a notice of intention to enforce has been issued
17 under section 42 in relation to the fine; and
18 (b) the due date specified in that notice has passed.
19 (2) An order to attend for work and development issued
20 under subsection (1) must not be served on an offender
21 unless the Registrar is satisfied that the offender --
22 (a) does not have the means to pay the amount
23 owed in respect of the fine; and
24 (b) does not have any personal property that could
25 be seized under an enforcement warrant to
26 satisfy, wholly or partly, the amount owed in
27 respect of the fine; and
28 (c) will be unlikely to have the means to pay, or
29 personal property that could be so seized,
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1 within a reasonable time after the order is
2 issued.
3 (3) The Registrar may require the offender to undertake a
4 means test for the purpose of determining whether
5 subsection (2) is satisfied.
6 (4) An order to attend for work and development must be
7 served personally.
8
9 50. Section 47B amended
10 In section 47B delete "section 47 or 47A is an order requiring
11 the offender, within 7 days after the service of the order --" and
12 insert:
13
14 section 47 is an order requiring the offender, within 7 days after
15 the service of the order or a longer period specified in the
16 order --
17
18 51. Section 48A replaced
19 Delete section 48A and insert:
20
21 47C. Cancellation and duration of order to attend for
22 work and development
23 (1) The Registrar may cancel an order to attend for work
24 and development issued under section 47 if it is not
25 reasonably practicable to serve the order on the
26 offender --
27 (a) personally; or
28 (b) by electronic means under section 5A(1).
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1 (2) An order to attend for work and development --
2 (a) comes into force when it is served on the
3 offender; and
4 (b) is in force until whichever of the following
5 occurs first --
6 (i) the order is cancelled;
7 (ii) the amount owed in respect of the fine is
8 paid;
9 (iii) a WDO is made in respect of the
10 offender and the fine;
11 (iv) the time within which the offender must
12 pay the amount owed or report to a
13 community corrections centre expires.
14
15 52. Section 48 amended
16 Delete section 48(4) and (5) and insert:
17
18 (4) If the CEO (corrections) decides not to make a WDO
19 in respect of an offender under subsection (2), the CEO
20 (corrections) must give the Registrar written notice
21 stating --
22 (a) the decision; and
23 (b) the reasons for the decision; and
24 (c) if the decision is made because the CEO
25 (corrections) is satisfied that the offender is
26 mentally or physically incapable of performing
27 the requirements of the WDO -- whether, in
28 the opinion of the CEO (corrections), the
29 offender is likely to become mentally and
30 physically capable of performing the
31 requirements of a WDO within a reasonable
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1 time after the day on which the decision is
2 made.
3
4 Note: The heading to amended section 48 is to read:
5 Making work and development order
6 53. Section 50 amended
7 (1) In section 50(1)(b) delete "do the prescribed number of the
8 required hours; and" and insert:
9
10 do community corrections activities for the number of hours
11 specified in the WDO; and
12
13 (2) After section 50(2) insert:
14
15 (2A) A CCO may, by written notice served on the offender,
16 amend the WDO to specify a lower number of hours
17 than the number specified under subsection (1)(b).
18
19 Note: The heading to amended section 50 is to read:
20 Primary requirements of work and development order
21 54. Section 51 amended
22 (1) In section 51(1) delete "A WDO is completed when the
23 offender's liability to pay the fine and enforcement fees is
24 discharged --" and insert:
25
26 If a WDO has been issued in relation to an offender and a fine,
27 the offender's liability to pay the amount owed in respect of the
28 fine may be discharged --
29
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s. 55
1 (2) After section 51(3) insert:
2
3 (4) A WDO is completed when the offender's liability to
4 pay the amount owed is wholly discharged under this
5 section.
6
7 Note: The heading to amended section 51 is to read:
8 Discharge of liability under work and development order
9 55. Section 52 amended
10 After section 52(2) insert:
11
12 (3) A WDO --
13 (a) comes into force when it is issued; and
14 (b) is in force until whichever of the following
15 occurs first --
16 (i) the WDO is completed under
17 section 51(4);
18 (ii) the WDO is cancelled.
19
20 Note: The heading to amended section 52 is to read:
21 Cancellation and duration of work and development order
22 56. Section 53A replaced
23 Delete section 53A and insert:
24
25 Division 3D -- Fine expiation orders
26 52A. Division does not apply to body corporate
27 This Division does not apply in relation to an offender
28 that is a body corporate.
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1 52B. Term used: daily expiation amount
2 In this Division --
3 daily expiation amount means the amount prescribed
4 by the regulations for the purposes of this definition.
5 52C. When a person is in custody for the purposes of fine
6 expiation order
7 (1) For the purposes of this Division, a person is in custody
8 during any period when the person is --
9 (a) under arrest; or
10 (b) a prisoner in a prison; or
11 (c) a detainee in a detention centre; or
12 (d) a person in court custody in a court custody
13 centre; or
14 (e) detained at a police facility; or
15 (f) detained under a custody order (as defined in
16 the Criminal Law (Mentally Impaired Accused)
17 Act 1996 section 3).
18 (2) For the purposes of subsection (1)(a) to (e), a person is
19 in custody whether the person is serving a sentence of
20 imprisonment, on remand, in custody under an arrest
21 warrant or warrant of commitment issued under
22 Division 3E or in custody for any other reason.
23 (3) For the purposes of this Division, a period of
24 custody --
25 (a) is a period during which a person is
26 continuously in custody (whether the same or
27 different kinds of custody and whether the
28 custody relates to 1 or more offences or
29 charges); and
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1 (b) begins on the day on which the person is taken
2 into custody and ends on the day on which the
3 person ceases to be in custody.
4 (4) For the purposes of this Division, a part-day during
5 which a person is in custody is to be counted as a day.
6 52D. Fine expiation order
7 (1) A fine expiation order is an order enabling an offender
8 who is in custody, or has been in custody, to discharge
9 the offender's liability to pay the amount owed in
10 respect of a fine.
11 (2) A fine expiation order does not authorise the offender
12 to be held in custody.
13 52E. Application for fine expiation order
14 (1) An offender may apply to the Registrar, in accordance
15 with the regulations, for a fine expiation order in
16 relation to an enforceable registered fine.
17 (2) An application under subsection (1) may be made --
18 (a) by an offender who is in custody, in relation to
19 that period of custody; or
20 (b) by an offender who has been in custody, in
21 relation to a period of custody that has ended.
22 (3) An application referred to in subsection (2)(a) may be
23 made on behalf of the offender --
24 (a) by a person authorised in writing by the
25 offender to make the application; or
26 (b) by a person or body authorised to make the
27 application under subsection (4), with the
28 consent of the offender.
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1 (4) The Registrar may, in writing, authorise a person or
2 body to make applications under subsection (1) on
3 behalf of offenders.
4 (5) An authorisation under subsection (4) may relate to all
5 offenders or offenders of a specified class.
6 52F. Issue of fine expiation order
7 (1) On an application under section 52E, the Registrar may
8 issue a fine expiation order in relation to the offender
9 and the fine if the Registrar is satisfied that the
10 offender --
11 (a) does not have the means to pay the amount
12 owed in respect of the fine; and
13 (b) does not have any personal property that could
14 be seized under an enforcement warrant to
15 satisfy, wholly or partly, the amount owed in
16 respect of the fine; and
17 (c) will be unlikely to have the means to pay, or
18 personal property that could be so seized --
19 (i) for an application referred to in
20 section 52E(2)(a) -- within a reasonable
21 time after the period of custody referred
22 to in that section will end; or
23 (ii) for an application referred to in
24 section 52E(2)(b) -- within a
25 reasonable time after the application is
26 made.
27 (2) The Registrar may require the offender to undertake a
28 means test for the purpose of determining whether
29 subsection (1) is satisfied.
30 (3) A fine expiation order must be served on the offender.
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1 (4) If the Registrar refuses to issue a fine expiation order,
2 the Registrar must serve notice of the refusal on the
3 offender.
4 (5) Two or more fine expiation orders in relation to
5 different fines can be issued in relation to the same
6 period of custody.
7 52G. Form of fine expiation order
8 (1) A fine expiation order must --
9 (a) be in the approved form; and
10 (b) state the amount owed in respect of the fine;
11 and
12 (c) state an expiation commencement day, which
13 may be earlier than the day on which the order
14 is issued but must not be earlier than any of the
15 following --
16 (i) the first day of the period of custody to
17 which the order relates;
18 (ii) the day on which the fine was
19 registered;
20 (iii) the day on which the Fines, Penalties
21 and Infringement Notices Enforcement
22 Amendment Act 2019 Part 2 Division 3
23 came into operation.
24 (2) A fine expiation order issued on an application referred
25 to in section 52E(2)(b) must also state the last day of
26 the period of custody to which it relates.
27 52H. Discharge of liability when fine expiation order is
28 issued
29 (1) This section applies if --
30 (a) a fine expiation order is issued in relation to an
31 offender and a fine; and
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1 (b) the expiation commencement day stated in the
2 order under section 52G(1)(c) is earlier than the
3 day on which the order is issued (the issue
4 day).
5 (2) When the fine expiation order is issued, the offender's
6 liability to pay the amount owed in respect of the fine
7 is reduced by the amount determined by multiplying
8 the daily expiation amount by the number of days in
9 the period --
10 (a) beginning on the expiation commencement day;
11 and
12 (b) ending --
13 (i) if the period of custody to which the
14 order relates has ended on the issue
15 day -- on the last day of the period of
16 custody; or
17 (ii) otherwise -- on the day before the issue
18 day.
19 (3) If the amount owed in respect of the fine is equal to or
20 less than the amount determined under subsection (2),
21 the offender's liability to pay the amount owed is
22 wholly discharged when the fine expiation order is
23 issued.
24 52I. Discharge of liability under ongoing fine expiation
25 order
26 (1) This section applies to a fine expiation order (an
27 ongoing fine expiation order) if --
28 (a) when the order is issued, the period of custody
29 to which the order relates has not ended; and
30 (b) either --
31 (i) section 52H does not apply to the order;
32 or
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1 (ii) section 52H applies to the order but the
2 liability to pay the amount owed is not
3 wholly discharged under that section.
4 (2) At the end of each day during which the ongoing fine
5 expiation order is in force, the offender's liability to
6 pay the amount owed in respect of the fine is reduced
7 by the daily expiation amount.
8 (3) If, on a day on which the ongoing fine expiation order
9 is in force, the amount owed in respect of the fine is
10 equal to or less than the daily expiation amount, the
11 offender's liability to pay the amount owed is wholly
12 discharged at the end of that day.
13 52J. Cancellation and duration of fine expiation order
14 (1) A fine expiation order, other than an ongoing fine
15 expiation order, has effect when it is issued.
16 (2) An ongoing fine expiation order --
17 (a) comes into force on the day on which it is
18 issued; and
19 (b) is in force until whichever of the following
20 occurs first --
21 (i) the offender's liability to pay the
22 amount owed in respect of the fine is
23 wholly discharged under section 52I(3);
24 (ii) the period of custody to which the order
25 relates ends;
26 (iii) the order is cancelled;
27 and
28 (c) may be in force concurrently with 1 or more
29 other ongoing fine expiation orders issued in
30 relation to other fines.
31 (3) The Registrar may at any time cancel an ongoing fine
32 expiation order for good reason.
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1 (4) The Registrar must serve notice on the offender of a
2 cancellation of an ongoing fine expiation order under
3 subsection (3).
4 Division 3E -- Warrants of commitment and other
5 court-ordered enforcement action
6 Subdivision 1 -- Preliminary
7 52K. Division does not apply to body corporate
8 This Division does not apply in relation to an offender
9 that is a body corporate.
10 52L. Magistrates Court to be constituted by Magistrate
11 (1) For the purposes of proceedings under this Division,
12 the Magistrates Court is to be constituted by
13 1 magistrate.
14 (2) Despite the Magistrates Court Act 2004 section 28, the
15 Magistrates Court's jurisdiction and powers in relation
16 to proceedings under this Division cannot be delegated
17 to a registrar of the Court.
18 (3) A reference in this Division to the Magistrates Court
19 does not include the Registry.
20 Subdivision 2 -- Application for and conduct of warrant of
21 commitment inquiry
22 52M. Warrant of commitment inquiry
23 (1) A warrant of commitment inquiry is an inquiry
24 conducted before the Magistrates Court in order to
25 determine the following in relation to an offender and 1
26 or more enforceable registered fines --
27 (a) whether the offender has the means to pay, or
28 to pay by instalments, the amount owed in
29 respect of the fines, having regard to the
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1 offender's income, assets, liabilities and
2 personal circumstances;
3 (b) the offender's suitability for a WDO and the
4 likelihood of the offender complying with a
5 WDO;
6 (c) whether the offender has contravened an order
7 made under section 52S(1) in a previous
8 warrant of commitment inquiry;
9 (d) the appropriate action to be taken under this
10 Act to enforce the fines.
11 (2) A warrant of commitment inquiry process is occurring
12 in relation to a fine if --
13 (a) the Registrar has applied under section 52N for
14 a warrant of commitment inquiry to be held in
15 relation to the offender and the fine; and
16 (b) the application has not been withdrawn under
17 section 52ZI; and
18 (c) either --
19 (i) the Magistrates Court has not made a
20 decision under section 52P on the
21 application; or
22 (ii) the Magistrates Court has decided under
23 section 52P to hold the warrant of
24 commitment inquiry but the inquiry has
25 not been held.
26 52N. Application for warrant of commitment inquiry
27 (1) The Registrar may, in the circumstances referred to in
28 subsection (2) or (3), apply to the Magistrates Court for
29 a warrant of commitment inquiry to be held in relation
30 to 1 or more enforceable registered fines (the relevant
31 fines) imposed on an offender.
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1 (2) The Registrar may make an application under
2 subsection (1) if --
3 (a) the offender has been served with an order to
4 attend for work and development, or a fine
5 enforcement (WDO) order, in relation to 1 or
6 more of the relevant fines; and
7 (b) any of the following occurred in relation to any
8 order to attend for work and development or
9 fine enforcement (WDO) order referred to in
10 paragraph (a) --
11 (i) the offender did not report as required
12 by the order;
13 (ii) a WDO was not made under section 48
14 or could not be served on the offender;
15 (iii) a WDO was made under section 48 but
16 was cancelled under section 52(1)
17 because of non-compliance with the
18 WDO;
19 and
20 (c) the Registrar is satisfied that --
21 (i) all applicable enforcement action that
22 could be taken under this Act has been
23 taken in relation to 1 or more of the
24 relevant fines; and
25 (ii) any further enforcement action that
26 could be taken under this Act is not
27 applicable or is unlikely to result in the
28 recovery of the amount owed in respect
29 of the relevant fines.
30 (3) The Registrar may make an application under
31 subsection (1) if a previous warrant of commitment
32 inquiry has been held in relation to any of the relevant
33 fines and the offender has contravened any order made
34 under section 52S(1) at that inquiry.
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1 (4) An application under subsection (1) can be made
2 whether or not a warrant of commitment inquiry has
3 previously been held in relation to the offender and any
4 or all of the relevant fines or any other fine.
5 52O. Information and evidence to be included in
6 application
7 (1) An application under section 52N must include the
8 following information --
9 (a) the offender's name and last known address;
10 (b) for each of the relevant fines referred to in
11 section 52N(1) --
12 (i) the amount owed; and
13 (ii) a summary of the enforcement action
14 taken under this Act before the
15 application is made;
16 (c) the name and address of any other person the
17 Registrar thinks should be summoned to the
18 inquiry to give evidence;
19 (d) whether the Registrar requests that a summons
20 under section 52Q(1)(a) or an arrest warrant
21 under section 52Q(1)(b) be issued for the
22 offender;
23 (e) the orders that the Registrar requests be made
24 under section 52S at the inquiry and the
25 reasons, expressed in general terms, for that
26 request.
27 (2) The application must be supported by --
28 (a) documentation as to the matters in
29 subsection (1)(b); and
30 (b) if the Registrar requests that an arrest warrant
31 under section 52Q(1)(b) be issued for the
32 offender -- evidence on oath that there are
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1 grounds for the issue of the warrant under
2 section 52Q(3).
3 52P. Decision on application for warrant of commitment
4 inquiry
5 (1) The Magistrates Court may make a decision on an
6 application under section 52N from a consideration of
7 the documents lodged with the Court by the Registrar.
8 (2) If the Court decides to hold a warrant of commitment
9 inquiry, the Court must issue in relation to the offender
10 either --
11 (a) a summons under section 52Q(1)(a); or
12 (b) an arrest warrant under section 52Q(1)(b).
13 52Q. Issue of summons or arrest warrant
14 (1) For the purposes of a warrant of commitment inquiry to
15 be held in relation to an offender, the Magistrates Court
16 may --
17 (a) issue a summons in accordance with
18 Subdivision 3 for the offender to appear at the
19 warrant of commitment inquiry and do either or
20 both of the following --
21 (i) give oral evidence for the purpose of the
22 inquiry;
23 (ii) produce for the Court, for use in the
24 inquiry, any record or thing that may be
25 relevant to the inquiry;
26 or
27 (b) subject to subsection (3), issue an arrest warrant
28 in accordance with Subdivision 4 to have an
29 offender arrested and brought before the Court
30 for the warrant of commitment inquiry.
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1 (2) If the application for the warrant of commitment
2 inquiry names 1 or more persons under
3 section 52O(1)(c), the Court may also issue a summons
4 in accordance with Subdivision 3 for any of those
5 persons to appear at the warrant of commitment inquiry
6 and do either or both of the things referred to in
7 subsection (1)(a).
8 (3) The Court must not issue an arrest warrant under
9 subsection (1)(b) unless --
10 (a) a summons under subsection (1)(a) in respect of
11 the inquiry has been served on the offender in
12 accordance with section 52V and the offender
13 did not attend Court as required by the
14 summons; or
15 (b) a summons under subsection (1)(a) in respect of
16 a previous warrant of commitment inquiry was
17 served on the offender in accordance with
18 section 52V and the offender did not attend
19 Court as required by the summons; or
20 (c) the offender has, on at least 2 occasions,
21 contravened an order made under
22 section 52S(1); or
23 (d) the offender has failed to comply with a
24 conditional release undertaking entered into
25 following the arrest of the offender under an
26 arrest warrant that was issued under
27 subsection (1)(b) for the purposes of the inquiry
28 or a previous warrant of commitment inquiry.
29 (4) If the Court issues a summons under subsection (1)(a)
30 in relation to the offender, the Court must set a date for
31 the inquiry and notify the Registrar of that date.
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1 52R. Conduct of warrant of commitment inquiry
2 (1) At a warrant of commitment inquiry the Magistrates
3 Court is to determine the matters listed in
4 section 52M(1).
5 (2) At a warrant of commitment inquiry the offender must
6 produce to the Court all records that relate to the
7 matters listed in section 52M(1)(a) that are in the
8 possession or under the control of the offender.
9 (3) At a warrant of commitment inquiry the Court may
10 itself examine the offender for the purposes of
11 determining the matters listed in section 52M(1).
12 (4) Subject to this Division --
13 (a) the practice and procedure that applies to
14 warrant of commitment inquiries and
15 applications and orders under this Division is
16 the general procedure under the Magistrates
17 Court (Civil Proceedings) Act 2004; and
18 (b) rules of court made under that Act may deal
19 with that practice and procedure.
20 52S. Court may make orders or issue warrant of
21 commitment
22 (1) At a warrant of commitment inquiry the Magistrates
23 Court may make any of the following orders in relation
24 to the offender and any of the fines to which the
25 inquiry relates --
26 (a) an order that the Registrar make a time to pay
27 order under section 33;
28 (b) an order that an order to attend for work and
29 development should be issued;
30 (c) an order writing off all or part of the amount
31 owed in respect of the fine;
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1 (d) an order amending an order made at a previous
2 warrant of commitment inquiry in relation to
3 the fine, including by extending any time
4 period in that order;
5 (e) an order that a warrant of commitment should
6 be issued;
7 (f) any other order the Court considers appropriate
8 in the circumstances.
9 (2) In making an order under subsection (1), the Court
10 must have regard to --
11 (a) the matters set out in section 52M(1) that it has
12 determined; and
13 (b) the principles set out in section 4(2); and
14 (c) any other matters the Court considers relevant.
15 (3) If the warrant of commitment inquiry relates to more
16 than 1 fine, separate orders are to be made under
17 subsection (1) in relation to each of the fines to which
18 the inquiry relates.
19 (4) If the Court makes an order under subsection (1)(e) in
20 relation to an offender and a fine, it must issue a
21 warrant of commitment in the prescribed form in
22 relation to the fine.
23 52T. Effect of orders under s. 52S(1)(a) to (c)
24 (1) If the Magistrates Court makes an order under
25 section 52S(1)(a), the Registrar must make a time to
26 pay order under section 33 in relation to the fine, even
27 though the offender has not applied for the time to pay
28 order.
29 (2) If the Court makes an order under section 52S(1)(b) --
30 (a) an order to attend for work and development is
31 taken to have been issued and served under
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1 section 47 when the order under
2 section 52S(1)(b) is made; and
3 (b) the offender must pay the amount owed, or
4 report to a community corrections centre, as
5 referred to in section 47B within the period of
6 7 days after the order under section 52S(1)(b) is
7 made, unless the Court specifies a longer
8 period.
9 (3) If the Court makes an order under section 52S(1)(c),
10 the offender's liability to pay the amount owed in
11 respect of the fine is taken to be discharged to the
12 extent specified in the order.
13 Subdivision 3 -- Summons to appear at warrant of
14 commitment inquiry
15 52U. Form of summons
16 A summons to appear at a warrant of commitment
17 inquiry issued in relation to a person under
18 section 52Q(1)(a) or (2) must --
19 (a) be in the prescribed form; and
20 (b) state when and where the warrant of
21 commitment inquiry will be held; and
22 (c) require the person to appear at that time and
23 place; and
24 (d) contain any information prescribed by the
25 regulations; and
26 (e) be signed by the magistrate who issues it.
27 52V. Service of summons
28 (1) A summons to appear at a warrant of commitment
29 inquiry issued under section 52Q(1)(a) or (2) must be
30 served personally unless the Magistrates Court has
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1 authorised oral service under subsection (2) or
2 substituted service under subsection (3).
3 (2) The Court may authorise oral service of a summons if
4 the Court is satisfied that reasonable efforts to serve the
5 order personally are unlikely to be successful.
6 (3) The Court may authorise substituted service of a
7 summons if the Court is satisfied that reasonable
8 efforts to serve the order personally or by oral service
9 are unlikely to be successful for any reason, including
10 (but not limited to) the following --
11 (a) the person to be served does not have a fixed
12 place of residence or business;
13 (b) the person to be served has a place of residence
14 or business that is in a remote area;
15 (c) the person to be served is likely to avoid
16 personal or oral service.
17 (4) The Court is to consider making an order for oral
18 service or substituted service of a summons to appear
19 at a warrant of commitment inquiry in every case.
20 52W. Oral service or substituted service of summons
21 (1) A summons to appear at a warrant of commitment
22 inquiry is served by oral service if the person being
23 served is informed of the following --
24 (a) that the summons has been issued;
25 (b) that the person is required to appear at a
26 warrant of commitment inquiry and the date
27 and place where the person is required to
28 appear;
29 (c) a place where a written copy of the summons
30 can be obtained.
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1 (2) Oral service --
2 (a) may be effected in person or by telephone,
3 video conference or another similar method;
4 and
5 (b) does not require the person serving the
6 summons to be in possession of a copy of it at
7 the time of service.
8 (3) If a person to whom information is to be given under
9 subsection (1) does not readily understand English, or
10 the person serving the summons is not satisfied that the
11 person understood the information, the person serving
12 the summons is, as far as practicable, to arrange for
13 someone else who has reached 18 years of age to give
14 the information to the person in a way that the person
15 can understand.
16 (4) A summons to appear at a warrant of commitment
17 inquiry is served by substituted service if the person
18 serving the summons --
19 (a) takes the steps that the Magistrates Court has
20 directed to bring it to the attention of the person
21 being served; or
22 (b) takes the steps (if any) prescribed by the
23 regulations.
24 52X. Summons ceases to have effect if application
25 withdrawn
26 A summons to appear at a warrant of commitment
27 inquiry ceases to have effect if the application for the
28 warrant of commitment inquiry is withdrawn under
29 section 52ZI.
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1 Subdivision 4 -- Arrest warrant for appearance at warrant
2 of commitment inquiry
3 52Y. Form of arrest warrant
4 An arrest warrant for an offender issued under
5 section 52Q(1)(b) must --
6 (a) be directed to all members of the Police Force;
7 and
8 (b) be in the prescribed form; and
9 (c) require the person who arrests the offender to
10 bring the offender before the Magistrates Court
11 in accordance with section 52Z(2)(a); and
12 (d) contain any information prescribed by the
13 regulations; and
14 (e) be signed by the magistrate who issues it.
15 52Z. Effect of arrest warrant
16 (1) An arrest warrant issued under section 52Q(1)(b) is
17 itself sufficient authority to any person to whom it is
18 directed to act according to it.
19 (2) An offender arrested under an arrest warrant issued
20 under section 52Q(1)(b) --
21 (a) must be brought before the Magistrates Court
22 for the warrant of commitment inquiry --
23 (i) immediately after the arrest if it is
24 practicable to do so; and
25 (ii) in any case, subject to section 52ZB, as
26 soon as practicable after the arrest;
27 and
28 (b) may be brought before the Court at any place
29 where it is sitting.
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1 (3) A police officer must obey any warrant issued under
2 section 52Q(1)(b) or other order or direction of the
3 Magistrates Court.
4 (4) A police officer who contravenes subsection (3) is to
5 be dealt with under the Police Act 1892 section 23.
6 (5) To avoid doubt, an arrest warrant issued under
7 section 52Q(1)(b) is an arrest warrant for the purposes
8 of the definition of arrest warrant in the Criminal
9 Investigation Act 2006 section 3(1).
10 52ZA. Duration of arrest warrant
11 An arrest warrant for an offender issued under
12 section 52Q(1)(b) --
13 (a) comes into force when it is issued; and
14 (b) remains in force until whichever of the
15 following occurs first --
16 (i) the offender is brought before the
17 Magistrates Court for the warrant of
18 commitment inquiry under the arrest
19 warrant;
20 (ii) the offender appears voluntarily in
21 Court for the warrant of commitment
22 inquiry;
23 (iii) the offender is released under
24 section 52ZB(1)(b) or (3);
25 (iv) the application for the warrant of
26 commitment inquiry is withdrawn under
27 section 52ZI.
28 52ZB. Conditional release of arrested offender
29 (1) If an offender is arrested under an arrest warrant issued
30 under section 52Q(1)(b) and it is not practicable to
31 bring the offender before the Magistrates Court for the
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1 warrant of commitment inquiry immediately after the
2 arrest (including under section 52ZJ(2)(b)), the
3 responsible officer --
4 (a) must, as soon as practicable, consider whether
5 the offender should be released under
6 paragraph (b); and
7 (b) may, subject to section 52ZD(1), release the
8 offender.
9 (2) The decision whether or not to release an offender
10 under subsection (1)(b) is at the discretion of the
11 responsible officer, having regard to the following --
12 (a) whether, if the offender is not kept in custody,
13 the offender may fail to appear in Court in
14 accordance with the offender's undertaking
15 under section 52ZD;
16 (b) any other matter the responsible officer
17 considers relevant.
18 (3) The responsible officer must, subject to
19 section 52ZD(1), release an offender arrested under an
20 arrest warrant issued under section 52Q(1)(b) if --
21 (a) the offender has been in custody under the
22 warrant for 24 hours; or
23 (b) at any time when the offender is in custody
24 under the warrant, it becomes apparent that it is
25 not practicable to bring the offender before the
26 Court within 24 hours after the arrest (including
27 under section 52ZJ(2)(b)).
28 (4) Subsection (3) applies whether or not a decision has
29 previously been made not to release the offender under
30 subsection (1)(b).
31 (5) The duties of a responsible officer under this section
32 must be performed whether or not an application for
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1 conditional release is made by or on behalf of the
2 offender.
3 (6) The Bail Act 1982 does not apply in relation to the
4 arrest of an offender under an arrest warrant issued
5 under section 52Q(1)(b), except to the extent provided
6 in section 52ZH(2).
7 52ZC. Responsible officer for conditional release of
8 offender
9 (1) If an offender is arrested under an arrest warrant issued
10 under section 52Q(1)(b), the police officer who
11 arrested the offender (the arresting officer) --
12 (a) may, if the arresting officer is not an authorised
13 police officer, request an authorised police
14 officer to perform any or all of the duties in
15 section 52ZB in relation to the offender; and
16 (b) must, if it is not practicable for the arresting
17 officer to perform any or all of the duties in
18 section 52ZB in relation to the offender, request
19 an authorised police officer to perform those
20 duties.
21 (2) The responsible officer in relation to an offender
22 arrested under an arrest warrant issued under
23 section 52Q(1)(b) is --
24 (a) if a request under subsection (1) has not been
25 made when the duty is required to be
26 performed -- the arresting officer; or
27 (b) if a request under subsection (1) has been made
28 when the duty is required to be performed --
29 the authorised police officer to whom the
30 request was made.
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1 (3) A responsible officer commits an offence if the officer,
2 wilfully and without reasonable excuse, fails to
3 perform any duty of the officer under section 52ZB.
4 Penalty for this subsection: imprisonment for
5 12 months, or a fine of $1 000, or both.
6 52ZD. Conditional release undertaking
7 (1) An offender must not be released under
8 section 52ZB(1)(b) or (3) unless the offender has
9 entered into a conditional release undertaking for the
10 offender's appearance at the warrant of commitment
11 inquiry.
12 (2) A conditional release undertaking is an undertaking in
13 writing by an offender in the prescribed form --
14 (a) that the offender will appear in the Magistrates
15 Court for the warrant of commitment inquiry
16 at --
17 (i) the time and place specified in the
18 undertaking; or
19 (ii) if a different time and place has been
20 substituted by notice served personally
21 on the offender -- at that substituted
22 time and place;
23 and
24 (b) that if the offender fails to appear in the Court
25 at that time and place the offender will, as soon
26 as practicable, appear in the Court at that place
27 when the Court is sitting.
28 (3) A conditional release undertaking may be entered into
29 before any person before whom a bail undertaking may
30 be entered into under the Bail Act 1982 section 29.
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1 (4) The prescribed form for a conditional release
2 undertaking must include an explanation of the
3 obligations of the offender under the undertaking and
4 the consequences of failure to comply with the
5 undertaking.
6 52ZE. Duties of person before whom conditional release
7 undertaking entered into
8 (1) The person before whom a conditional release
9 undertaking is to be entered into by an offender must,
10 before the undertaking is entered into, either --
11 (a) read it to the offender; or
12 (b) be informed by the offender that the offender
13 has read it; or
14 (c) if necessary, have the undertaking translated to
15 the offender or provide the offender with a
16 written translation of the undertaking.
17 (2) The person before whom a conditional release
18 undertaking is entered into by an offender must give
19 the offender, or cause the offender to be given, a copy
20 of the completed undertaking.
21 52ZF. Limitations on right to conditional release
22 If the responsible officer has decided to release an
23 offender under section 52ZB(1)(b) or (3) and the
24 offender has entered into a conditional release
25 undertaking under section 52ZD, the offender is
26 entitled to be released, subject to the following --
27 (a) any requirement that the offender be in custody
28 for some other reason;
29 (b) the same limitations as apply under the Bail
30 Act 1982 section 12 to the right of a person
31 granted bail under that Act to be at liberty;
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1 (c) the person before whom the conditional release
2 undertaking is entered into signing a certificate
3 in the prescribed form that the offender has a
4 right to be released.
5 52ZG. Offence of failure to comply with conditional release
6 undertaking
7 (1) A person who, without reasonable excuse, fails to
8 comply with a requirement of a conditional release
9 undertaking mentioned in section 52ZD(2)(a) commits
10 an offence.
11 Penalty for this subsection: a fine of $2 000.
12 (2) A person who fails to comply with a requirement of a
13 conditional release undertaking mentioned in
14 section 52ZD(2)(b) commits an offence.
15 Penalty for this subsection: a fine of $2 000.
16 (3) A person must not be convicted of an offence under
17 this section in the person's absence.
18 52ZH. General provisions about conditional release
19 (1) A conditional release undertaking for the appearance of
20 an offender at a warrant of commitment inquiry
21 remains in force until whichever of the following
22 occurs first --
23 (a) the offender appears in the Magistrates Court in
24 accordance with the undertaking;
25 (b) the application for the warrant of commitment
26 inquiry is withdrawn under section 52ZI.
27 (2) The Bail Act 1982 sections 59B, 60 and 62 apply for
28 the purposes of this Subdivision as if --
29 (a) a reference to an accused were a reference to an
30 offender; and
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1 (b) a reference to a bail undertaking were a
2 reference to a conditional release undertaking;
3 and
4 (c) a reference to section 28(2)(a) or (b) of that Act
5 were a reference to section 52ZD(2)(a) or (b) of
6 this Act; and
7 (d) a reference to release on bail or a grant of bail
8 were a reference to conditional release under
9 section 52ZB(1)(b) or (3); and
10 (e) the penalty specified for an offence under
11 section 62 of that Act were a fine of $1 000.
12 Subdivision 5 -- Miscellaneous provisions about warrant of
13 commitment inquiry
14 52ZI. Withdrawal of application for warrant of
15 commitment inquiry
16 (1) The Registrar may withdraw an application under
17 section 52N for a warrant of commitment inquiry at
18 any time before the inquiry is held.
19 (2) The Registrar must withdraw an application under
20 section 52N for a warrant of commitment inquiry if the
21 amount owed in respect of each of the relevant fines
22 referred to in the application is paid or the liability to
23 pay the amount owed in respect of each of those fines
24 is wholly discharged under section 52H or 52I.
25 (3) Notice of a withdrawal under this section must be
26 served on --
27 (a) the Magistrates Court; and
28 (b) the offender; and
29 (c) any person named under section 52O(1)(c) in
30 the application for the warrant of commitment
31 inquiry; and
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1 (d) if an arrest warrant issued under
2 section 52Q(1)(b) or a conditional release
3 undertaking entered into under section 52ZD is
4 in force in relation to the offender and the
5 warrant of commitment inquiry when the
6 application is withdrawn -- the Commissioner
7 of Police.
8 52ZJ. Appearance of offender at warrant of commitment
9 inquiry by video link or audio link
10 (1) This section applies if --
11 (a) an offender who has been arrested under an
12 arrest warrant issued under section 52Q(1)(b) is
13 required to be brought before the Magistrates
14 Court under section 52Z(2); or
15 (b) an offender who is in custody for any other
16 reason is required to appear in the Magistrates
17 Court under a summons issued under
18 section 52Q(1)(a).
19 (2) The person in charge of the offender must ensure that
20 the offender is brought before the Court --
21 (a) in person; or
22 (b) if there is a video link or audio link between the
23 place where the offender is held and the
24 Court -- by means of a video link or audio link,
25 unless the Court has ordered that the offender
26 be brought before the Court in person.
27 (3) The Court may make an order under subsection (2)(b)
28 at any time on its own initiative or on an application by
29 the Registrar or the offender if it is satisfied it is in the
30 interests of justice to do so.
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1 (4) An audio link cannot be used under this section unless
2 a video link is not available and cannot reasonably be
3 made available.
4 (5) When the offender appears before the Court by means
5 of a video link or audio link, the Court may exercise
6 any power in this Division as if the offender were
7 personally present before it.
8 52ZK. Appeal
9 (1) Except as provided in subsection (2), no appeal lies
10 against an order of the Court under section 52S.
11 (2) The offender may appeal under the Magistrates Court
12 (Civil Proceedings) Act 2004 section 40 against an
13 order of the Magistrates Court under section 52S(1)(e)
14 that a warrant of commitment should be issued.
15 52ZL. Evidence of appearance or non-appearance of
16 offender
17 For the purposes of this Division, evidence that an
18 offender did or did not appear in the Magistrates Court
19 at a particular time and place may be given by
20 tendering a certificate to that effect signed by an officer
21 of the Court.
22
23 57. Part 4 Division 3E Subdivision 6 heading inserted
24 Before section 53 insert:
25
26 Subdivision 6 -- Imprisonment under warrant of
27 commitment
28
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1 58. Section 53 amended
2 (1) Delete section 53(1) and (2).
3 (2) In section 53(3) after "commitment" insert:
4
5 issued under section 52S(4) in relation to a fine
6
7 (3) Delete section 53(4).
8 (4) Delete section 53(8a) to (8c).
9 Note: The heading to amended section 53 is to read:
10 Effect of warrant of commitment
11 59. Part 4 Division 3F inserted
12 After section 53 insert:
13
14 Division 3F -- Interaction of enforcement action under
15 this Part
16 53A. Effect of enforcement instrument or WDO on other
17 enforcement powers
18 (1) If an enforcement instrument (other than a licence
19 suspension order or enforcement warrant) or a WDO is
20 in force in relation to a fine, the Registrar must not,
21 despite any other provision of this Part --
22 (a) make or issue another enforcement instrument
23 in relation to the fine; or
24 (b) make an application under section 52N in
25 relation to the fine.
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1 (2) If a licence suspension order is in force in relation to an
2 offender and a fine --
3 (a) a power of the Registrar under this Part to make
4 or issue another enforcement instrument, or to
5 make an application under section 52N, in
6 relation to the offender and the fine is not
7 affected; but
8 (b) the Registrar must cancel the licence
9 suspension order as soon as practicable if --
10 (i) the Registrar issues an enforcement
11 instrument (other than an enforcement
12 warrant or an order to attend for work
13 and development) in relation to the
14 offender and the fine; or
15 (ii) the Registrar serves an order to attend
16 for work and development on the
17 offender in relation to the fine; or
18 (iii) the Registrar makes an application
19 under section 52N in relation to the
20 offender and the fine.
21 (3) If an enforcement warrant is in force in relation to an
22 offender and a fine --
23 (a) a power of the Registrar under this Part to make
24 or issue another enforcement instrument, or to
25 make an application under section 52N, in
26 relation to the offender and the fine is not
27 affected; but
28 (b) the Registrar must cancel the enforcement
29 warrant as soon as practicable if --
30 (i) the Registrar issues an enforcement
31 instrument (other than a licence
32 suspension order or an order to attend
33 for work and development) in relation to
34 the offender and the fine; or
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1 (ii) the Registrar serves an order to attend
2 for work and development on the
3 offender in relation to the fine; or
4 (iii) the Registrar makes an application
5 under section 52N in relation to the
6 offender and the fine.
7 (4) A power under this Part to make or issue an
8 enforcement instrument or WDO in relation to a fine is
9 not affected by a previous enforcement instrument or
10 WDO having been made or issued in relation to the
11 fine and subsequently cancelled.
12 53B. Effect of warrant of commitment inquiry process or
13 warrant of commitment on other enforcement
14 powers
15 (1) The Registrar must not make or issue an enforcement
16 instrument (other than a fine expiation order) in
17 relation to a fine if a warrant of commitment inquiry
18 process is occurring in relation to the fine.
19 (2) The Registrar must not make or issue an enforcement
20 instrument in relation to a fine if a warrant of
21 commitment is in force in relation to the fine.
22 (3) A power under this Part to make or issue an
23 enforcement instrument or WDO in relation to an
24 offender and a fine is not affected by a warrant of
25 commitment inquiry process having previously
26 occurred in relation to the offender and the fine.
27
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s. 60
1 60. Section 54 replaced
2 Delete section 54 and insert:
3
4 54. Functions of Registrar in relation to Service and
5 Execution of Process Act 1992 (Commonwealth)
6 Part 7
7 (1) The Registrar is authorised to exercise the functions
8 conferred on the Registrar as a fine enforcement officer
9 under the Service and Execution of Process Act 1992
10 (Commonwealth) Part 7.
11 (2) If the Registrar receives an amount in satisfaction in
12 whole or in part of a fine under the Service and
13 Execution of Process Act 1992 (Commonwealth)
14 Part 7, the Registrar must apply the money as if it had
15 been received from the offender in satisfaction in
16 whole or in part of the fine.
17
18 61. Sections 55A to 55E replaced
19 Delete sections 55A to 55E and insert:
20
21 55A. Certain decisions of Registrar are final
22 A decision of the Registrar under Division 2
23 Subdivision 3, section 44A or Division 3D is final.
24
25 62. Section 56A amended
26 (1) In section 56A delete the definitions of:
27 amount owed
28 outstanding order to pay or elect
29 Registrar's website
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1 (2) In section 56A insert in alphabetical order:
2
3 amount owed --
4 (a) for an order to pay or elect issued under
5 section 17 -- means that amount of the
6 modified penalty, and enforcement fees,
7 specified in the order that has not been paid or
8 recovered under an enforcement warrant; or
9 (b) for a fine -- has the meaning given in
10 section 28(1);
11 outstanding order to pay or elect has the meaning
12 given in section 56AA;
13
14 (3) In section 56A in the definition of enforcement fees delete
15 "Part 3 or 4" and insert:
16
17 this Act
18
19 63. Section 56AA inserted
20 After section 56A insert:
21
22 56AA. Outstanding orders to pay or elect
23 An outstanding order to pay or elect, in relation to a
24 person, means an order to pay or elect issued to the
25 person under section 17, where --
26 (a) the modified penalty, and enforcement fees,
27 specified in that order have not been paid in
28 full, or recovered in full under an enforcement
29 warrant; and
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1 (b) an election has not been made under section 21
2 in relation to the infringement notice to which
3 the order relates; and
4 (c) no time to pay order is in force under
5 section 21C in respect of the person and the
6 infringement notice to which the order relates;
7 and
8 (d) if an enforcement warrant issued under
9 section 21A is in force in respect of the person
10 and the infringement notice to which the order
11 relates -- no arrangement under section 68A is
12 in force in relation to the warrant; and
13 (e) the prosecuting authority has not, under
14 section 22, withdrawn proceedings in respect of
15 the infringement notice to which the order
16 relates.
17
18 64. Section 56B amended
19 In section 56B:
20 (a) in paragraph (a) delete "is registered under section 41;
21 and" and insert:
22
23 is an enforceable registered fine (as defined in
24 section 28(1)); and
25
26 (b) delete paragraph (c);
27 (c) in paragraph (d) delete "or 55A";
28 (d) delete paragraphs (f) and (g).
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1 65. Section 63 amended
2 (1) In section 63(1) delete the definition of vehicle licensing law.
3 (2) In section 63(1) insert in alphabetical order:
4
5 bank means --
6 (a) an ADI (authorised deposit-taking institution)
7 as defined in the Banking Act 1959
8 (Commonwealth) section 5(1); or
9 (b) a bank constituted by a law of a State, a
10 Territory or the Commonwealth;
11 bank account garnishee order has the meaning given
12 in section 95M(2)(b);
13 earnings --
14 (a) has the meaning given in the Civil Judgments
15 Enforcement Act 2004 section 3; but
16 (b) does not include amounts of a kind prescribed
17 by the regulations for the purposes of this
18 paragraph;
19 garnishee order has the meaning given in
20 section 95M(2);
21 garnishee order on earnings has the meaning given in
22 section 95M(2)(a);
23 multiple payments garnishee order has the meaning
24 given in section 95V(2)(b);
25 owner, in relation to a vehicle, means a person entitled
26 to immediate possession of the vehicle;
27 protected bank account amount means the amount
28 prescribed by or determined under regulations made for
29 the purposes of section 95ZB;
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1 protected earnings amount, for a pay period, means
2 the amount determined under regulations made for the
3 purposes of section 95U(1);
4 relevant payer, in relation to a garnishee order on
5 earnings, has the meaning given in section 95O(1);
6 single payment garnishee order has the meaning given
7 in section 95V(2)(a);
8
9 (3) After section 63(2) insert:
10
11 (3) A reference in this Part to a vehicle of a debtor is a
12 reference to --
13 (a) a vehicle that is licensed under the Road Traffic
14 (Vehicles) Act 2012 in the name of the debtor
15 (whether or not the vehicle licence is
16 suspended); or
17 (b) a vehicle that is not licensed under the Road
18 Traffic (Vehicles) Act 2012 of which the debtor
19 is an owner.
20
21 66. Section 65 amended
22 In section 65:
23 (a) in paragraph (b) delete "warrant; or" and insert:
24
25 warrant,
26
27 (b) delete paragraph (c).
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1 67. Section 68A amended
2 (1) After section 68A(3) insert:
3
4 (3A) If, when an arrangement under subsection (1) is entered
5 into, a garnishee order has been issued to a relevant
6 payer or bank under the warrant and has not been
7 cancelled --
8 (a) the Sheriff must serve a notice on the relevant
9 payer or bank stating that no action is to be
10 taken under the garnishee order until further
11 notice; and
12 (b) for the purposes of Division 6B, the garnishee
13 order is taken not to be in force during the
14 period beginning when the notice is served and
15 ending when the Sheriff serves a notice on the
16 relevant payer or bank under subsection (4A).
17
18 (2) In section 68A(4) delete "warrant or exercising the powers
19 under section 55D." and insert:
20
21 warrant.
22
23 (3) Delete section 68A(5A) and (5B) and insert:
24
25 (4A) If the Sheriff cancels an arrangement made under
26 subsection (1) and a notice under subsection (3A)(a)
27 has been served on a relevant payer or bank as a result
28 of that arrangement, the Sheriff must serve notice on
29 the relevant payer or bank stating that action can again
30 be taken under the garnishee order.
31
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1 (4) In section 68A(6) delete "warrant, any action taken under
2 section 55D," and insert:
3
4 warrant
5
6 68. Section 68B amended
7 (1) In section 68B(1) in the definition of enforcement action:
8 (a) after paragraph (a) insert:
9
10 (aa) serving a notice in accordance with section 78;
11
12 (b) in paragraph (d) delete "section 95F." and insert:
13
14 section 95F;
15
16 (c) after paragraph (d) insert:
17
18 (e) issuing a garnishee order in accordance with
19 section 95O or 95V.
20
21 (2) In section 68B(3):
22 (a) in paragraph (d) delete "section 95F(3)." and insert:
23
24 section 95F(3); or
25
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1 (b) after paragraph (d) insert:
2
3 (e) if the first enforcement action is the issue of a
4 garnishee order -- by serving it on the debtor
5 with the copy of the garnishee order required to
6 be served under section 95O(4) or 95V(5).
7
8 69. Section 95C amended
9 (1) In section 95C(1) delete "licensed in the name".
10 (2) In section 95C(5)(a) delete "holder of the vehicle licence; and"
11 and insert:
12
13 person in whose name the vehicle is licensed or the owner of the
14 vehicle; and
15
16 70. Section 95F amended
17 (1) In section 95F(1) delete "licensed in the name".
18 (2) In section 95F(4):
19 (a) in paragraph (a) delete "holder of the vehicle licence;
20 and" and insert:
21
22 person in whose name the vehicle is licensed or the
23 owner of the vehicle; and
24
25 (b) after paragraph (b) insert:
26
27 (ba) if the vehicle is licensed under the Road Traffic
28 (Vehicles) Act 2012 when the number plates are
29 removed -- that the vehicle licence has been
30 suspended; and
31
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1 (c) in paragraph (c) delete "the vehicle licence has been
2 suspended and";
3 (d) in paragraph (d) after "cancellation" insert:
4
5 and disqualification
6
7 71. Section 95G amended
8 (1) In section 95G(1) delete "vehicle licence suspension order in
9 respect of the vehicle." and insert:
10
11 vehicle licence suspension and disqualification order in respect
12 of the vehicle and the debtor.
13
14 (2) Delete section 95G(2) insert:
15
16 (1A) Subsection (1) applies whether or not a vehicle licence
17 for the vehicle is in force when the order is made.
18 (2) A vehicle licence suspension and disqualification order
19 is an order disqualifying the debtor from holding or
20 obtaining a vehicle licence for the vehicle.
21 Note for this subsection:
22 If a vehicle licence is in force in relation to the vehicle when
23 the order is made, the licence is suspended under the Road
24 Traffic (Vehicles) Act 2012 section 16(2A) while the vehicle
25 licence suspension and disqualification order is in force.
26
27 (3) In section 95G(4) delete "a vehicle licensing law, a vehicle
28 licence suspension order" and insert:
29
30 the Road Traffic (Vehicles) Act 2012, a vehicle licence
31 suspension and disqualification order
32
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1 (4) In section 95G(5):
2 (a) in paragraph (a) delete "suspension order" and insert:
3
4 suspension and disqualification order
5
6 (b) in paragraph (b)(iii) delete "cancellation order" and
7 insert:
8
9 cancellation and disqualification order
10
11 (c) delete "the vehicle licence suspension order" and insert:
12
13 the vehicle licence suspension and disqualification order
14
15 (5) In section 95G(6) after "suspension" insert:
16
17 and disqualification
18
19 Note: The heading to amended section 95G is to read:
20 Vehicle licence suspension and disqualification order made when
21 number plates are removed
22 72. Section 95H amended
23 (1) In section 95H(1) delete "licensed in the name".
24 (2) In section 95H(2):
25 (a) in paragraph (a) delete "licensed in the name";
26 (b) in paragraph (c) after "cancellation" insert:
27
28 and disqualification
29
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1 (c) delete paragraph (d) and insert:
2
3 (d) when the warrant ceases to be in force, the
4 debtor holds the vehicle licence for the vehicle
5 (whether or not the vehicle licence is
6 suspended),
7
8 73. Section 95I amended
9 In section 95I(2):
10 (a) in paragraph (a) delete "debtor in whose name the
11 vehicle is licensed; or" and insert:
12
13 debtor; or
14
15 (b) in paragraph (b) after "cancellation" insert:
16
17 and disqualification
18
19 74. Part 7 Division 6A Subdivision 4 heading amended
20 In the heading to Part 7 Division 6A Subdivision 4 after
21 "cancellation" insert:
22
23 and disqualification
24
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1 75. Section 95J amended
2 (1) In section 95J(1):
3 (a) in paragraph (a) delete "licensed in the name";
4 (b) after "cancellation" insert:
5
6 and disqualification
7
8 (2) In section 95J(2):
9 (a) after "cancellation" insert:
10
11 and disqualification
12
13 (b) delete paragraph (a) and insert:
14
15 (a) if the vehicle is licensed under the Road Traffic
16 (Vehicles) Act 2012 when the order is made --
17 cancelling that vehicle licence; and
18
19 (3) In section 95J(3) and (4) after "cancellation" insert:
20
21 and disqualification
22
23 (4) In section 95J(5) delete "a vehicle licensing law, a vehicle
24 licence cancellation order" and insert:
25
26 the Road Traffic (Vehicles) Act 2012, a vehicle licence
27 cancellation and disqualification order
28
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1 (5) In section 95J(6) after "cancellation" (each occurrence) insert:
2
3 and disqualification
4
5 (6) After section 95J(6) insert:
6
7 (6A) The Sheriff may at any time, if the Sheriff considers
8 that it is appropriate in the circumstances, cancel a
9 vehicle licence cancellation and disqualification order
10 made in respect of a vehicle to the extent that the order
11 would disqualify the debtor from holding or obtaining
12 a vehicle licence in respect of the vehicle.
13
14 (7) Delete section 95J(7) and insert:
15
16 (7) If a vehicle licence cancellation and disqualification
17 order is cancelled under subsection (6) or (6A), then as
18 soon as practicable --
19 (a) the Sheriff must notify the debtor of the
20 cancellation; and
21 (b) the Registrar must notify the Director General
22 of the cancellation.
23
24 (8) In section 95J(8) after "cancellation" insert:
25
26 and disqualification
27
28 Note: The heading to amended section 95J is to read:
29 Vehicle licence cancellation and disqualification order
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1 76. Part 7 Division 6B inserted
2 After Part 7 Division 6A insert:
3
4 Division 6B -- Garnishment
5 Subdivision 1 -- Preliminary
6 95L. Application
7 This Division applies to a warrant issued under Part 3
8 or 4.
9 95M. Garnishee orders
10 (1) A warrant issued in respect of a debtor entitles the
11 Sheriff, in accordance with this Division, to issue a
12 garnishee order in respect of the debtor and the amount
13 owed under the warrant and any enforcement fees.
14 (2) A garnishee order is --
15 (a) an order (a garnishee order on earnings)
16 issued under section 95O that a person who
17 pays, or is likely to pay, earnings to a debtor
18 pay an amount or amounts of those earnings to
19 the Sheriff; or
20 (b) an order (a bank account garnishee order)
21 issued under section 95V that a bank with
22 which a debtor has 1 or more accounts pay an
23 amount or amounts to the Sheriff from those
24 accounts.
25 (3) A reference in this Division to a garnishee order is to
26 the order as amended from time to time.
27 (4) The Sheriff must ensure that only 1 garnishee order is
28 in force under an enforcement warrant at any time.
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1 95N. Duration, amendment and cancellation of garnishee
2 order
3 (1) A garnishee order --
4 (a) comes into force on the day that is 7 days
5 after --
6 (i) for a garnishee order on earnings -- the
7 day on which a copy of it is served on
8 the relevant payer to whom it is issued
9 under section 95O(4); or
10 (ii) for a bank account garnishee order --
11 the day on which a copy of it is served
12 on the bank to which it is issued under
13 section 95V(5);
14 and
15 (b) is in force until whichever of the following
16 occurs first --
17 (i) it is cancelled under subsection (2) or
18 (4);
19 (ii) for a garnishee order on earnings -- the
20 relevant payer gives the Sheriff a notice
21 under section 95Q(4);
22 (iii) for a single payment garnishee order --
23 the bank gives the Sheriff a return under
24 section 95W(1)(c);
25 (iv) for a bank account garnishee order --
26 the bank gives the Sheriff a notice under
27 section 95X(2).
28 (2) A garnishee order is cancelled when the warrant under
29 which it is issued ceases to be in force.
30 (3) A debtor in relation to whom a garnishee order is in
31 force may apply to the Sheriff in the approved form for
32 the amendment or cancellation of the order.
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1 (4) The Sheriff may, if the Sheriff thinks fit, amend or
2 cancel a garnishee order on an application under
3 subsection (3) or on the Sheriff's own initiative.
4 (5) If a garnishee order is amended or cancelled, notice of
5 the amendment or cancellation must be served on --
6 (a) the debtor; and
7 (b) the relevant payer or bank to whom the order
8 was issued.
9 Subdivision 2 -- Garnishee orders on earnings
10 95O. Issue of garnishee order on earnings
11 (1) The Sheriff may, under a warrant issued in respect of a
12 debtor, issue a garnishee order on earnings to a person
13 (the relevant payer) if the Sheriff is satisfied that the
14 relevant payer pays, or is likely to pay, earnings to the
15 debtor on the relevant payer's own behalf and not as an
16 employee or agent of another person.
17 (2) A garnishee order on earnings must --
18 (a) be in the approved form; and
19 (b) state --
20 (i) the amount owed under the warrant and
21 any enforcement fees; and
22 (ii) the amount of the debtor's earnings for
23 each week that is to be deducted from
24 the debtor's earnings and paid to the
25 Sheriff; and
26 (iii) when deductions under the order must
27 be made; and
28 (iv) when and how amounts deducted under
29 the order must be paid to the Sheriff;
30 and
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1 (v) when and how returns under
2 section 95P(2)(c) must be given to the
3 Sheriff;
4 and
5 (c) explain how the amount deducted from the
6 debtor's earnings for a pay period is to be
7 determined under section 95P.
8 (3) A garnishee order on earnings must not include any
9 information about --
10 (a) if it is issued under an enforcement warrant
11 issued under Part 3 in relation to an
12 infringement notice -- the alleged offence for
13 which the infringement notice was issued; or
14 (b) if it is issued under an enforcement warrant
15 issued under Part 4 in relation to a fine -- the
16 offence for which the fine was imposed.
17 (4) A copy of a garnishee order on earnings must be served
18 on the debtor and the relevant payer.
19 95P. Compliance with garnishee order on earnings
20 (1) This section applies if --
21 (a) a garnishee order on earnings issued to a
22 relevant payer is in force in relation to a debtor;
23 and
24 (b) earnings are payable by the relevant payer to
25 the debtor for a period (the pay period).
26 (2) The relevant payer must --
27 (a) deduct from the earnings payable to the debtor
28 for the pay period an amount determined under
29 subsection (3); and
30 (b) pay that amount to the Sheriff in accordance
31 with the order; and
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1 (c) give the Sheriff a return in the approved form in
2 accordance with the order.
3 Penalty for this subsection: a fine of $2 000.
4 (3) For the purposes of subsection (2)(a), the amount to be
5 deducted is the lowest of the following --
6 (a) the amount determined by multiplying the
7 weekly amount specified in the garnishee order
8 under section 95O(2)(b)(ii) by the number of
9 weeks in the pay period;
10 (b) the amount, if any, that would reduce the
11 debtor's earnings for the pay period to the
12 protected earnings amount;
13 (c) the amount that would result in the total amount
14 deducted under the order for all pay periods
15 being equal to the total amount stated in the
16 order under section 95O(2)(b)(i).
17 (4) If the debtor's earnings for the pay period are equal to
18 or less than the protected earnings amount, the relevant
19 payer must not deduct any amount from the earnings
20 under subsection (2).
21 (5) If the pay period is not a number of whole weeks, the
22 number of weeks in the pay period for the purposes of
23 subsection (3)(a) is to be determined by dividing the
24 number of days in the pay period by 7 (rounded to
25 2 decimal places).
26 (6) A reference in this section to a debtor's earnings for a
27 pay period is a reference to the amount remaining after
28 deducting any amount the relevant payer is required to
29 withhold or deduct from the earnings under --
30 (a) the Taxation Administration Act 1953
31 (Commonwealth) or another law of the
32 Commonwealth; or
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1 (b) a written law (other than the Civil Judgments
2 Enforcement Act 2004 Part 4 Division 4).
3 95Q. Notices and returns to be given in relation to
4 garnishee orders on earnings
5 (1) This section applies if a garnishee order on earnings
6 issued to a relevant payer is in force in relation to a
7 debtor.
8 (2) If the relevant payer pays earnings to the debtor for a
9 pay period, the relevant payer must, no later than
10 7 days after the earnings are paid, ensure that the
11 debtor is notified of --
12 (a) the amount deducted under the garnishee order;
13 or
14 (b) if no deduction was made -- that no deduction
15 was made under the garnishee order.
16 Penalty for this subsection: a fine of $2 000.
17 (3) If, in a particular month, the relevant payer does not
18 deduct any amount from the debtor's earnings under
19 the garnishee order, the relevant payer must give the
20 Sheriff a return in the approved form within 7 days
21 after the end of the month.
22 Penalty for this subsection: a fine of $2 000.
23 (4) If the debtor ceases to be a person to whom the relevant
24 payer pays, or is likely to pay, earnings, the relevant
25 payer must give the Sheriff notice of the cessation in
26 the approved form within 14 days after the cessation.
27 Penalty for this subsection: a fine of $2 000.
28 95R. Discharge of liability to pay debtor
29 If a relevant payer deducts an amount from a debtor's
30 earnings in compliance with section 95P, the relevant
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1 payer's liability to pay the amount to the debtor, or any
2 person other than the Sheriff, is discharged.
3 95S. Records to be kept by relevant payers
4 (1) A relevant payer to whom a garnishee order on
5 earnings has been issued in relation to a debtor must
6 keep records of --
7 (a) the debtor's earnings payable by the relevant
8 payer while the garnishee order is in force; and
9 (b) amounts deducted from the debtor's earnings
10 and paid to the Sheriff under this Subdivision;
11 and
12 (c) returns and notices given in accordance with
13 this Subdivision.
14 Penalty for this subsection: a fine of $2 000.
15 (2) Records kept under subsection (1) must be retained for
16 2 years after the garnishee order on earnings ceases to
17 be in force.
18 Penalty for this subsection: a fine of $2 000.
19 95T. Protection of employees
20 (1) If a garnishee order on earnings is issued to an
21 employer of the debtor, the employer must not, on the
22 ground of the issue of the order, treat the debtor less
23 favourably than it would treat an employee whose
24 earnings are not the subject of a garnishee order in the
25 same circumstances or in circumstances that are not
26 materially different.
27 Penalty for this subsection: a fine of $5 000.
28 (2) Subsection (3) applies if --
29 (a) an employer is charged with an offence under
30 subsection (1) that is alleged to have been
31 committed within 6 months after the employer
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1 was served with the garnishee order on earnings
2 concerned; and
3 (b) all of the elements of the offence are proved
4 except the grounds for the employer's treatment
5 of the debtor.
6 (3) The onus of proving that the grounds for the
7 employer's treatment of the debtor were not the issue
8 of the garnishee order is on the employer.
9 95U. Regulations for this Subdivision
10 (1) The regulations may prescribe a method for
11 determining the protected earnings amount for a pay
12 period for the purposes of section 95P.
13 (2) Different methods may be prescribed for different
14 classes of debtors.
15 (3) The regulations may include provision for determining,
16 in cases where a relevant payer pays earnings to a
17 debtor otherwise than for a particular period, the period
18 for which those earnings are taken to be paid for the
19 purposes of this Subdivision.
20 Subdivision 3 -- Garnishee orders on bank accounts
21 95V. Issue of bank account garnishee order
22 (1) The Sheriff may, under a warrant issued in respect of a
23 debtor, issue a bank account garnishee order to a bank
24 if the Sheriff is satisfied that the debtor has an account
25 with the bank.
26 (2) A bank account garnishee order may be --
27 (a) an order (a single payment garnishee order)
28 that a single payment be made to the Sheriff
29 from money that is or may be held for the
30 debtor in an account with the bank; or
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1 (b) an order (a multiple payments garnishee order)
2 that multiple payments be made to the Sheriff
3 from money that is or may be held for the
4 debtor in an account with the bank at times, or
5 in circumstances, specified in the order.
6 (3) A bank account garnishee order must --
7 (a) be in the approved form; and
8 (b) state --
9 (i) the amount owed under the warrant and
10 any enforcement fees; and
11 (ii) the amount or amounts required to be
12 deducted and paid under the order; and
13 (iii) when deductions under the order must
14 be made; and
15 (iv) when and how amounts deducted under
16 the order must be paid to the Sheriff;
17 and
18 (v) when and how returns under
19 section 95W(1)(c) or (2)(c) must be
20 given to the Sheriff;
21 and
22 (c) explain how an amount deducted under the
23 order is to be determined under section 95W.
24 (4) A bank account garnishee order must not include any
25 information about --
26 (a) if it is issued under an enforcement warrant
27 issued under Part 3 in relation to an
28 infringement notice -- the alleged offence for
29 which the infringement notice was issued; or
30 (b) if it is issued under an enforcement warrant
31 issued under Part 4 in relation to a fine -- the
32 offence for which the fine was imposed.
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1 (5) A copy of a bank account garnishee order must be
2 served on the debtor and the bank.
3 95W. Compliance with bank account garnishee order
4 (1) If a single payment garnishee order issued to a bank is
5 in force in relation to a debtor, the bank must, as soon
6 as practicable after the order comes into force --
7 (a) deduct the amount determined under
8 subsection (3) from the account or accounts the
9 debtor has with the bank; and
10 (b) pay that amount to the Sheriff in accordance
11 with the order; and
12 (c) give the Sheriff a return in the approved form in
13 accordance with the order.
14 Penalty for this subsection: a fine of $2 000.
15 (2) If a multiple payments garnishee order issued to a bank
16 is in force in relation to a debtor, the bank must,
17 whenever required to make a payment under the
18 order --
19 (a) deduct the amount determined under
20 subsection (3) from the account or accounts the
21 debtor has with the bank; and
22 (b) pay that amount to the Sheriff in accordance
23 with the order; and
24 (c) give the Sheriff a return in the approved form in
25 accordance with the order.
26 Penalty for this subsection: a fine of $2 000.
27 (3) For the purposes of subsections (1)(a) and (2)(a), the
28 amount to be deducted is the lowest of the following --
29 (a) the amount specified in the order as the amount
30 for the relevant deduction;
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1 (b) the amount, if any, that would reduce the total
2 amount held for the debtor in accounts with the
3 bank at the time of the deduction to the
4 protected bank account amount;
5 (c) the amount that would result in the total amount
6 deducted under the order (including any
7 previous deductions) being equal to the total
8 amount stated in the order under
9 section 95V(3)(b)(i).
10 (4) If, when a deduction is required to be made under a
11 bank account garnishee order, the total amount held for
12 the debtor in accounts with the bank is equal to or less
13 than the protected bank account amount, the bank must
14 not deduct any amount under subsection (1) or (2), but
15 is still required to give the Sheriff a return under
16 subsection (1)(c) or (2)(c), as the case requires.
17 (5) If money is held for the debtor in more than 1 account
18 with the bank, the bank may decide the account or
19 accounts from which to make the deduction under
20 subsection (1) or (2).
21 (6) The bank must not make a deduction under
22 subsection (1) or (2) that would result in any of the
23 debtor's accounts becoming overdrawn.
24 (7) A deduction under this section is to be made after
25 deducting any amount the bank is required to deduct
26 from the account under --
27 (a) the Taxation Administration Act 1953
28 (Commonwealth) or another law of the
29 Commonwealth; or
30 (b) a written law (other than the Civil Judgments
31 Enforcement Act 2004 Part 4 Division 5).
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1 95X. Notices to be given by banks
2 (1) If a bank deducts an amount from a debtor's account
3 under a bank account garnishee order, the bank must
4 ensure that the debtor is notified of the amount
5 deducted under the garnishee order within 7 days after
6 the deduction is made.
7 Penalty for this subsection: a fine of $2 000.
8 (2) If a debtor closes all of the debtor's accounts with a
9 bank while a bank account garnishee order issued to
10 the bank is in force in relation to the debtor, the bank
11 must give the Sheriff notice in the approved form
12 within 7 days after the end of the month in which the
13 debtor closes the account.
14 Penalty for this subsection: a fine of $2 000.
15 95Y. Records to be kept by banks
16 (1) A bank to which a bank account garnishee order has
17 been issued in relation to a debtor must keep records
18 of --
19 (a) amounts deducted from the debtor's accounts
20 and paid to the Sheriff under this Subdivision;
21 and
22 (b) returns and notices given in accordance with
23 this Subdivision.
24 Penalty for this subsection: a fine of $10 000.
25 (2) Records kept under subsection (1) must be retained for
26 2 years after the bank account garnishee order ceases to
27 be in force.
28 Penalty for this subsection: a fine of $10 000.
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1 95Z. Administration fee for deduction under bank
2 account garnishee order
3 If a bank charges a debtor an amount for the
4 administrative cost of making a deduction under a bank
5 account garnishee order, the amount of the charge must
6 not exceed the amount prescribed by the regulations.
7 Penalty: a fine of $10 000.
8 95ZA. Requirements for debtor if bank account garnishee
9 order issued
10 (1) This section applies if a bank account garnishee order
11 has been issued to a bank in relation to a debtor.
12 (2) The debtor must not, with the intention of preventing
13 the execution of the order, do any of the following --
14 (a) make a withdrawal or transfer of money from
15 any of the debtor's accounts with the bank that
16 results in a deduction not being able to be made
17 under the order;
18 (b) prevent any earnings or other amount from
19 being paid into any of the debtor's accounts
20 with the bank;
21 (c) close any of the debtor's accounts with the
22 bank.
23 Penalty for this subsection: a fine of $2 000.
24 (3) The debtor must notify the Sheriff if --
25 (a) the debtor closes all of the debtor's accounts
26 with the bank; or
27 (b) a person who makes regular deposits of
28 earnings or other amounts into any of the
29 debtor's accounts with the bank discontinues
30 those deposits.
31 Penalty for this subsection: a fine of $2 000.
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1 95ZB. Regulations for this Subdivision
2 (1) The regulations may prescribe a protected bank
3 account amount, or a method for determining a
4 protected bank account amount, for the purposes of
5 section 95W.
6 (2) Different protected bank account amounts or methods
7 may be prescribed for different classes of debtors.
8 Subdivision 4 -- General provisions
9 95ZC. Sheriff may refund money deducted under
10 garnishee order
11 (1) A debtor may apply to the Sheriff, in accordance with
12 the regulations, for a refund of any money --
13 (a) deducted from the debtor's earnings under a
14 garnishee order on earnings and paid to the
15 Sheriff; or
16 (b) deducted from the debtor's accounts with a
17 bank under a bank account garnishee order and
18 paid to the Sheriff.
19 (2) On an application under subsection (1), the Sheriff
20 may, if the Sheriff thinks fit, refund the amount or part
21 of it to the debtor.
22 95ZD. Obtaining information relevant to garnishee order
23 (1) The powers in this section can only be exercised by the
24 Sheriff after receiving a warrant and for the purpose of
25 determining whether to exercise a function under this
26 Division.
27 (2) The Sheriff may, in writing, request any person who
28 the Sheriff suspects pays, or may pay, earnings to the
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1 debtor to disclose to the Sheriff specified information
2 about the following --
3 (a) whether the person pays, or is likely to pay,
4 earnings to the debtor;
5 (b) the debtor's earnings;
6 (c) any other information the Sheriff considers is or
7 may be relevant to determining whether to
8 exercise a function under this Division.
9 (3) The Sheriff may, in writing, request any bank that the
10 Sheriff suspects holds or may hold money for the
11 debtor in an account to disclose to the Sheriff specified
12 information about any of the following --
13 (a) the debtor's accounts (if any) with the bank;
14 (b) the balance of those accounts and any payments
15 into those accounts;
16 (c) any other information the Sheriff considers is or
17 may be relevant to determining whether to
18 exercise a function under this Division.
19 (4) A person commits an offence if the person does not
20 comply with a request made under subsection (2) or
21 (3).
22 Penalty for this subsection: a fine of $2 000.
23 (5) A person commits an offence if the person discloses
24 information to the Sheriff in response to a request
25 under subsection (2) or (3) that the person knows is
26 false or misleading in a material particular.
27 Penalty for this subsection: a fine of $2 000.
28 95ZE. Relevant payer or bank must not disclose
29 information
30 (1) This section applies to a person who is or has been --
31 (a) a relevant payer or bank to whom a garnishee
32 order has been issued in relation to a debtor; or
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1 (b) a person employed by, or performing services
2 for, a relevant payer or bank referred to in
3 paragraph (a).
4 (2) The person must not, directly or indirectly, collect, use
5 or disclose information about a debtor obtained
6 because of the issue of the garnishee order, or in
7 performing the person's duties under this Division,
8 except --
9 (a) for the purpose of, or in connection with,
10 performing the duties of the relevant payer or
11 bank under this Division; or
12 (b) if it is necessary to do so in carrying on the
13 business affairs of the relevant payer or bank.
14 Penalty for this subsection: a fine of $10 000.
15
16 77. Section 96 amended
17 (1) In section 96(1) delete "from the sale of property under a
18 warrant" and insert:
19
20 recovered under a warrant
21
22 (2) In section 96(2) after "Firstly," insert:
23
24 if the money is recovered from the sale of property under the
25 warrant,
26
27 (3) In section 96(3)(a) delete "section 82; and" and insert:
28
29 section 70D; and
30
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1 (4) After section 96(4) insert:
2
3 (4A) Fourthly, the proceeds are to be applied in the payment
4 to the Registrar of the amount owed in respect of any
5 other enforceable registered fine (as those terms are
6 defined in section 28(1)) of the debtor.
7
8 (5) In section 96(5) delete "Fourthly," and insert:
9
10 Fifthly,
11
12 78. Part 7A inserted
13 After section 99 insert:
14
15 Part 7A -- Information
16 100. Terms used
17 In this Part --
18 alleged offender has the meaning given in section 11;
19 contractor has the meaning given in the Court Security
20 and Custodial Services Act 1999 section 3;
21 offender has the meaning given in section 28(1);
22 public authority means --
23 (a) a department of the Public Service; or
24 (b) a State agency or instrumentality; or
25 (c) a court or tribunal to the extent that it is an
26 agency for the purposes of the Freedom of
27 Information Act 1992; or
28 (d) a body, whether corporate or unincorporate, or
29 the holder of an office, post or position,
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1 established or continued for a public purpose
2 under a written law;
3 relevant information means --
4 (a) in relation to the Registrar -- information that,
5 in the opinion of the Registrar, is or is likely to
6 be relevant to the performance of any function
7 of the Registrar under this Act or another
8 written law; or
9 (b) in relation to the Sheriff -- information that, in
10 the opinion of the Sheriff, is or is likely to be
11 relevant to the performance of any function of
12 the Sheriff under this Act or another written
13 law;
14 research means research to promote the development
15 of criminology or corrective services.
16 100A. Disclosure of information to Registrar or Sheriff
17 (1) The Registrar or Sheriff (the requesting officer) may
18 request a public authority, contractor or electricity
19 corporation to disclose relevant information to the
20 requesting officer.
21 (2) A request under subsection (1) --
22 (a) may relate to particular information or
23 information of a particular kind; and
24 (b) may relate to information that may be held
25 from time to time.
26 (3) A person to whom a request under subsection (1) is
27 made must disclose information in compliance with the
28 request.
29 (4) A person, other than a public authority, who
30 contravenes a request made under subsection (1) is
31 guilty of a contempt of the Magistrates Court.
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1 100B. Disclosure of information by Registrar or Sheriff
2 (1) The Minister may, from time to time, approve
3 circumstances in which, or purposes for which,
4 information relating to an offender or alleged offender
5 may be disclosed by the Registrar or Sheriff to a person
6 or class of persons in a government department or
7 agency of the State, the Commonwealth, another State,
8 a Territory or another country.
9 (2) The Registrar or Sheriff may disclose information as
10 approved under subsection (1).
11 (3) The Registrar or Sheriff may --
12 (a) disclose information relating to offenders,
13 alleged offenders, fines or infringement notices
14 to a public authority or other body for use in
15 research; or
16 (b) disclose information prescribed by the
17 regulations in circumstances prescribed by the
18 regulations.
19 (4) The Registrar must --
20 (a) establish written procedures for the disclosure
21 of information by the Registrar or Sheriff under
22 this section; and
23 (b) ensure that the procedures are published on the
24 Registrar's website.
25 100C. Registrar and Sheriff to have access to records of
26 Director General
27 The Registrar and the Sheriff are entitled, to the extent
28 that it is necessary or convenient for the performance
29 of functions under this Act or another written law, to
30 have access to and make use of the records kept by the
31 Director General under a road law in relation to
32 drivers' licences and vehicle licences.
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1 100D. Regulations relating to information
2 The regulations may provide for the following --
3 (a) the conditions subject to which information
4 may be disclosed or accessed under this Part;
5 (b) the receipt, use and storage of information
6 disclosed or accessed under this Part;
7 (c) the restriction of access to information
8 disclosed or accessed under this Part;
9 (d) the maximum period for which information
10 disclosed or accessed under this Part may be
11 retained;
12 (e) the circumstances in which information
13 disclosed or accessed under this Part must be
14 destroyed.
15 100E. Disclosure not subject to other laws
16 (1) Information may be disclosed or accessed under this
17 Part despite any written law relating to confidentiality
18 or secrecy.
19 (2) If information is disclosed or accessed, in good faith,
20 under this Part --
21 (a) no civil or criminal liability is incurred in
22 respect of the disclosure or access; and
23 (b) the disclosure or access is not to be regarded as
24 a breach of any duty of confidentiality or
25 secrecy imposed by law; and
26 (c) the disclosure or access is not to be regarded as
27 a breach of professional ethics or standards or
28 as unprofessional conduct.
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1 100F. Confidentiality
2 (1) A person must not, directly or indirectly, collect, use or
3 disclose information of the following kinds except as
4 authorised under subsection (2) --
5 (a) information obtained because of the person's
6 office, position, employment or engagement for
7 the purposes of this Act;
8 (b) information disclosed to the person under
9 section 100A or 100B.
10 Penalty for this subsection: a fine of $10 000.
11 (2) The collection, use or disclosure of information to
12 which subsection (1) applies is authorised if the
13 information is collected, used or disclosed in good
14 faith --
15 (a) for the purpose of, or in connection with,
16 performing a function under this Act or another
17 written law; or
18 (b) as required or allowed under this Act or another
19 written law; or
20 (c) for the purposes of any legal proceedings
21 arising under this Act or another written law; or
22 (d) under an order of a court or other person or
23 body acting judicially; or
24 (e) with the written consent of the person to whom
25 the information relates; or
26 (f) in the case of information disclosed under
27 section 100B -- for the purposes for which the
28 information was disclosed; or
29 (g) in circumstances prescribed by the regulations.
30 (3) Subsection (1) does not apply in relation to the
31 collection, use or disclosure of statistical or other
32 information that could not reasonably be expected to
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1 lead to the identification of any person to whom it
2 relates.
3
4 79. Section 101B amended
5 (1) In section 101B(3):
6 (a) in paragraph (d)(iii) delete "warrant," and insert:
7
8 warrant; and
9
10 (b) after paragraph (d)(iii) insert:
11
12 (iv) no money has been paid in compliance
13 with a notice served under section 78
14 under the warrant; and
15 (v) no money has been deducted in
16 compliance with a garnishee order
17 issued under the warrant,
18
19 (c) in paragraph (e) delete "section 47, 47A or 55D but not
20 served, the order is to be taken as being cancelled as
21 from that time." and insert:
22
23 section 47 but not served, the order is to be taken as
24 being cancelled as from that time;
25
26 (d) after paragraph (e) insert:
27
28 (f) an ongoing fine expiation order (as defined in
29 section 28(1)) is in force in relation to the fine,
30 the order continues in force after the appeal is
31 made, subject to section 52J.
32
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1 (2) In section 101B(4):
2 (a) in paragraph (a)(iii) delete "warrant," and insert:
3
4 warrant; or
5
6 (b) after paragraph (a)(iii) insert:
7
8 (iv) money has been paid in compliance
9 with a notice served under section 78
10 under the warrant; or
11 (v) money has been deducted in compliance
12 with a garnishee order issued under the
13 warrant,
14
15 (c) in paragraph (c) delete "section 47, 47A or 55D" and
16 insert:
17
18 section 47
19
20 (3) In section 101B(5B):
21 (a) in paragraph (d) after "cancellation" insert:
22
23 and disqualification
24
25 (b) delete paragraph (e) and insert:
26
27 (e) the person holds the vehicle licence for the
28 vehicle (whether or not the vehicle licence is
29 suspended),
30
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1 (4) In section 101B(5C) after "cancellation" (each occurrence)
2 insert:
3
4 and disqualification
5
6 80. Section 101C amended
7 In section 101C(2A):
8 (a) in paragraph (a) delete "suspension order was made
9 under section 95G or a vehicle licence cancellation
10 order" and insert:
11
12 suspension and disqualification order was made under
13 section 95G or a vehicle licence cancellation and
14 disqualification order
15
16 (b) in paragraph (b) delete "suspension order made under
17 section 95G, or a vehicle licence cancellation order" and
18 insert:
19
20 suspension and disqualification order made under
21 section 95G, or a vehicle licence cancellation and
22 disqualification order
23
24 (c) in paragraph (c) after "suspension" insert:
25
26 and disqualification
27
28 (d) in paragraph (d) after "cancellation" insert:
29
30 and disqualification
31
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1 81. Section 101D amended
2 (1) In section 101D(1A) in the definition of licence suspension
3 order after "suspension" insert:
4
5 and disqualification
6
7 (2) In section 101D(1) after "cancellation" insert:
8
9 and disqualification
10
11 82. Section 103 amended
12 In section 103 delete "Registrar or" and insert:
13
14 Registrar, the CEO (fines enforcement) or
15
16 83. Section 105 amended
17 In section 105(1) delete "or a warrant of commitment".
18 84. Section 105A inserted
19 After section 105 insert:
20
21 105A. Delegation by CEO (fines enforcement)
22 (1) The CEO (fines enforcement) may delegate to any
23 person any power or duty of the CEO (fines
24 enforcement) under another provision of this Act.
25 (2) The delegation must be in writing signed by the CEO
26 (fines enforcement).
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1 (3) A person to whom a power or duty is delegated under
2 this section cannot delegate that power or duty.
3 (4) A person exercising or performing a power or duty that
4 has been delegated to the person under this section is
5 taken to do so in accordance with the terms of the
6 delegation unless the contrary is shown.
7 (5) Nothing in this section limits the ability of the CEO
8 (fines enforcement) to perform a function through an
9 officer or agent.
10
11 85. Section 108A amended
12 (1) In section 108A(2)(a) delete "section 53; or" and insert:
13
14 this Act; or
15
16 (2) In section 108A(5)(b) delete "section 41(1); or" and insert:
17
18 Part 4; or
19
20 86. Section 108 amended
21 (1) In section 108(2):
22 (a) in paragraph (a)(i) delete "101;" and insert:
23
24 101 or 101AA;
25
26 (b) in paragraph (b) delete "applying for time to pay
27 orders;" and insert:
28
29 for the purposes of this Act;
30
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1 (c) in paragraph (c) delete "a means test by a statutory
2 declaration or by other means." and insert:
3
4 this Act by a statutory declaration or by other means;
5
6 (d) after paragraph (c) insert:
7
8 (d) providing for offences against the regulations
9 and prescribing penalties for those offences not
10 exceeding a fine of $5 000.
11
12 (2) In section 108(3)(d) before "offender" insert:
13
14 alleged
15
16 (3) After section 108(4)(b) insert:
17
18 (ba) a fee for the service of a summons under Part 4
19 Division 3E Subdivision 3;
20
21 87. Section 109A inserted
22 At the end of Part 8 insert:
23
24 109A. Review of certain amendments made by Fines,
25 Penalties and Infringement Notices Enforcement
26 Amendment Act 2019
27 (1) The Minister must review the operation and
28 effectiveness of the following amendments made by
29 the Fines, Penalties and Infringement Notices
30 Enforcement Amendment Act 2019 (the amending Act),
31 and prepare a report based on the review, as soon as
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1 practicable after the 3rd anniversary of the day on
2 which section 87 of the amending Act comes into
3 operation --
4 (a) the amendments to this Act made by Part 2
5 Divisions 2 and 3 of the amending Act;
6 (b) the amendments to the Sentence Administration
7 Act 2003 made by Part 3 Division 7 of the
8 amending Act;
9 (c) the amendments to the Sentencing Act 1995
10 made by sections 129 and 130 of the amending
11 Act.
12 (2) The Minister must cause the report to be laid before
13 each House of Parliament as soon as practicable after it
14 is prepared, but not later than 12 months after the
15 3rd anniversary.
16
17 88. Sections 120 to 124 inserted
18 At the end of Part 9 Division 2 insert:
19
20 120. Application of amendments
21 Subject to this Division, the amendments made by the
22 Fines, Penalties and Infringement Notices Enforcement
23 Amendment Act 2019 Part 2 Division 3 apply to and in
24 relation to --
25 (a) an infringement notice whether it was issued or
26 registered with the Registry for enforcement
27 before, on or after the second commencement
28 day; and
29 (b) a fine whether it was imposed or registered
30 with the Registry for enforcement before, on or
31 after the second commencement day.
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1 121. Time to pay orders
2 (1) A time to pay order made before the second
3 commencement day under section 27A of the former
4 Act is, on and from the second commencement day,
5 taken to be a time to pay order made under
6 section 21C.
7 (2) If an alleged offender has made a request under
8 section 27A of the former Act before the second
9 commencement day but the Registrar has not made a
10 decision on the request before the second
11 commencement day, the request is, on and from the
12 second commencement day, taken to be both --
13 (a) an application for a time to pay order under
14 section 21B; and
15 (b) if the request was under section 27A(1)(b) of
16 the former Act -- a request under
17 section 20A(1).
18 (3) A time to pay order made before the second
19 commencement day under section 55A of the former
20 Act is, on and from the second commencement day,
21 taken to be a time to pay order made under section 33.
22 (4) If an offender has made a request under section 55A of
23 the former Act before the second commencement day
24 but the Registrar has not made a decision on the
25 request before that day, the request is, on and from that
26 day, taken to be both --
27 (a) an application for a time to pay order under
28 section 32C; and
29 (b) if the request was under section 55A(1)(b) of
30 the former Act -- a request under
31 section 44A(1).
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1 122. Enforcement warrant issued before second
2 commencement day authorises issue of garnishee
3 order
4 (1) This section applies if an enforcement warrant issued
5 under Part 3 or 4 is in force immediately before the
6 second commencement day.
7 (2) The Sheriff may issue a garnishee order in relation to
8 the debtor under the warrant under section 95O or 95V
9 even though --
10 (a) Part 7 Division 6B was not in force when the
11 warrant was issued; and
12 (b) the terms of the warrant do not refer to
13 garnishment.
14 (3) At least 28 days before issuing a garnishee order as
15 referred to in subsection (2), the Sheriff must serve on
16 the debtor a notice in the approved form explaining that
17 a garnishee order can be issued under the enforcement
18 warrant.
19 (4) If a debtor is served with a notice under subsection (3),
20 the debtor must not, with the intention of preventing
21 the execution of any garnishee order that may be issued
22 under the enforcement warrant, do any of the
23 following --
24 (a) make a withdrawal or transfer of money from
25 any of the debtor's accounts with a bank that
26 would result in a deduction not being able to be
27 made under a garnishee order;
28 (b) prevent any earnings or other amount from
29 being paid into any of the debtor's accounts
30 with a bank;
31 (c) close any of the debtor's accounts with a bank.
32 Penalty for this subsection: a fine of $2 000.
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1 123. Instruments issued under provisions of former Act
2 An instrument of a kind specified in column 1 of an
3 item of the Table that was made or issued before the
4 second commencement day is, on and from that day,
5 taken to be an instrument of the kind specified in
6 column 2 of that item.
7 Table
Item Column 1 Column 2
1. Licence suspension order Licence suspension order
made under -- made under section 19
(a) section 27C of the
former Act; or
(b) section 68A of the
former Act in
relation to an
enforcement
warrant issued
under Part 3
2. Licence suspension order Licence suspension order
made under -- made under section 43
(a) section 48A, 53A or
55C of the former
Act; or
(b) section 68A of the
former Act in
relation to an
enforcement
warrant issued
under Part 4
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Item Column 1 Column 2
3. Enforcement warrant Enforcement warrant
issued under section 55D issued under section 45
of the former Act
4. Order to attend for work Order to attend for work
and development issued and development issued
under section 47A or 55D under section 47(1)
of the former Act
5. Vehicle licence Vehicle licence
suspension order issued suspension and
under section 95G of the disqualification order
former Act issued under section 95G
6. Vehicle licence Vehicle licence
cancellation order issued cancellation and
under section 95J of the disqualification order
former Act issued under section 95J
1 124. Administrative information sharing arrangements
2 (1) Any administrative arrangements made between the
3 Registrar and the Director General for the purposes of
4 section 10 of the former Act are, on and from the
5 second commencement day, taken to be made for the
6 purposes of section 100C.
7 (2) If information is permitted under section 100B to be
8 disclosed to a person with whom the Registrar had,
9 before the second commencement day, made
10 administrative arrangements for the purposes of
11 section 10A of the former Act, those administrative
12 arrangements are, on and from the second
13 commencement day, taken to be made for the purposes
14 of section 100B.
15
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1 89. Various references to vehicles licensed in name of debtor
2 amended
3 In the provisions listed in the Table delete "licensed in the
4 name".
5 Table
s. 69(1)(d) s. 95B(1)
s. 95K(1)(a) and (b)
6 Note: The heading to section 49 is to read:
7 Effect of work and development order
8 Division 4 -- Amendments relating to work and development
9 permits
10 90. Section 3 amended
11 (1) In section 3(1) insert in alphabetical order:
12
13 work and development permit (WDP) means a permit
14 issued under section 46D, as in force from time to time.
15
16 (2) In section 3(1) in the definition of work and development order
17 delete "time." and insert:
18
19 time;
20
21 91. Section 28 amended
22 (1) In section 28(1) insert in alphabetical order:
23
24 approved sponsor means a person in relation to whom
25 an approval under section 46J is in force;
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1 work and development instrument means a work and
2 development permit or a work and development order.
3
4 (2) In section 28(1) in the definition of amount owed paragraph (b)
5 delete "section 51," and insert:
6
7 section 46G, 51,
8
9 (3) In section 28(1) in the definition of enforceable registered fine
10 paragraph (c) delete "section 51," and insert:
11
12 section 46G, 51,
13
14 (4) In section 28(1) in the definition of enforcement instrument
15 after paragraph (b) insert:
16
17 (ba) a WDP; or
18
19 (5) In section 28(1) in the definition of warrant of commitment
20 inquiry process delete "section 52M(2)." and insert:
21
22 section 52M(2);
23
24 92. Section 32C amended
25 In section 32C(3)(b) after "enforcement warrant," insert:
26
27 WDP,
28
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1 93. Section 42 amended
2 After section 42(5)(d) insert:
3
4 (daa) explain the circumstances in which a WDP can
5 be issued and how an application for a WDP
6 can be made; and
7
8 94. Part 4 Division 3C Subdivision 1 heading inserted
9 Before section 46 insert:
10
11 Subdivision 1 -- Preliminary
12
13 95. Part 4 Division 3C Subdivision 2 inserted
14 After section 46 insert:
15
16 Subdivision 2 -- Work and development permits
17 46A. Work and development permit
18 A work and development permit is a permit enabling
19 an offender to discharge the offender's liability to pay
20 the amount owed in respect of a fine by undertaking
21 any of the following activity --
22 (a) unpaid work for, or on behalf of, an approved
23 sponsor;
24 (b) medical or mental health treatment provided
25 under a treatment plan approved by an
26 approved sponsor;
27 (c) an educational, vocational or personal
28 development course provided or approved by
29 an approved sponsor;
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1 (d) treatment for an alcohol or drug use problem
2 under a treatment plan provided or approved by
3 an approved sponsor;
4 (e) if the offender has not reached 25 years of age
5 when the permit is issued -- a mentoring
6 programme provided or approved by an
7 approved sponsor;
8 (f) activity of a kind prescribed by the regulations.
9 46B. Eligibility for work and development permit
10 (1) An offender is eligible for a WDP if the offender is
11 experiencing hardship.
12 (2) For the purposes of subsection (1), an offender is taken
13 to be experiencing financial hardship as referred to in
14 section 4A(1)(a) only if the offender is experiencing
15 financial hardship to an extent that affects the
16 offender's capacity to pay a fine.
17 46C. Application for work and development permit
18 (1) An approved sponsor may, with the agreement of an
19 offender, apply to the Registrar on the offender's
20 behalf for the issue of a WDP in relation to the
21 offender and an enforceable registered fine.
22 (2) An application under subsection (1) cannot be made
23 unless a notice of intention to enforce has been issued
24 under section 42 in relation to the fine (whether or not
25 the due date specified in the notice has passed).
26 (3) An application under subsection (1) must --
27 (a) be in the approved form; and
28 (b) include a written assessment (an eligibility
29 assessment) by the approved sponsor --
30 (i) stating the kind or kinds of hardship that
31 the offender is experiencing (which may
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1 be a kind of hardship referred to in
2 section 4A(1) or another kind of
3 hardship); and
4 (ii) describing the information and evidence
5 on the basis of which the approved
6 sponsor considers that the offender is
7 experiencing hardship of that kind or
8 those kinds;
9 and
10 (c) state --
11 (i) the amount owed in respect of the fine;
12 and
13 (ii) the activity of a kind referred to in
14 section 46A to be undertaken under the
15 WDP; and
16 (iii) the applicable rates prescribed for the
17 purposes of section 46N(1) to be used to
18 assign a value to each part of the
19 activity undertaken under the WDP.
20 (4) The Registrar must rely on the eligibility assessment in
21 an application under subsection (1) unless the Registrar
22 believes on reasonable grounds that it should not be
23 relied on.
24 (5) The Registrar may, by written notice given to the
25 approved sponsor, require the approved sponsor to give
26 the Registrar any information or evidence used by the
27 approved sponsor for the purposes of making the
28 eligibility assessment within the period stated in the
29 notice.
30 (6) If the approved sponsor does not comply with a notice
31 given under subsection (5), the application is taken to
32 be withdrawn.
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1 46D. Issue of work and development permit
2 (1) If an approved sponsor applies under section 46C for a
3 WDP in relation to an offender and a fine, the Registrar
4 may issue the WDP if the Registrar is satisfied that the
5 offender is eligible for the WDP.
6 (2) The Registrar must refuse to issue a WDP if the issue
7 of the WDP would result in more than the maximum
8 number, as prescribed by the regulations, of work and
9 development instruments being in force in respect of
10 the offender.
11 (3) A copy of a WDP must be served on the offender and
12 the approved sponsor.
13 (4) If the Registrar refuses to issue a WDP, the Registrar
14 must serve notice of the refusal on the approved
15 sponsor and the offender.
16 46E. Form of work and development permit
17 (1) A WDP issued in respect of an offender and a fine
18 must --
19 (a) be in the approved form; and
20 (b) state --
21 (i) the amount owed in respect of the fine;
22 and
23 (ii) the activity of a kind referred to in
24 section 46A that is to be undertaken
25 under the WDP; and
26 (iii) the applicable rates prescribed for the
27 purposes of section 46N(1) to be used to
28 assign a value to each part of the
29 activity undertaken under the WDP.
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1 (2) A WDP must be issued in the terms applied for unless
2 the approved sponsor and the offender agree otherwise.
3 (3) If the activity to be undertaken under a WDP is unpaid
4 work, the activity is cumulative on --
5 (a) any activity to be undertaken under another
6 WDP; and
7 (b) the required hours under any WDO in force in
8 relation to the offender; and
9 (c) any hours of community work that the offender
10 is required to do under a community service
11 requirement in a community order imposed
12 under the Sentencing Act 1995; and
13 (d) any hours of community corrections activities
14 that the offender is required to do under the
15 Sentence Administration Act 2003.
16 (4) Except to the extent provided in subsection (3), activity
17 undertaken under a WDP can be undertaken
18 concurrently with any other activity the offender
19 undertakes under or for the purposes of a written law or
20 a law of the Commonwealth.
21 46F. Duration of work and development permit
22 A WDP --
23 (a) comes into force when it is issued; and
24 (b) is in force until whichever of the following
25 occurs first --
26 (i) the WDP is completed under
27 section 46G(4);
28 (ii) the WDP is cancelled.
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1 46G. Discharge of liability under work and development
2 permit
3 (1) If a WDP has been issued in relation to an offender and
4 a fine, the offender's liability to pay the amount owed
5 in respect of the fine may be discharged --
6 (a) by the offender undertaking all of the activity
7 stated in the WDP to the satisfaction of the
8 approved sponsor; or
9 (b) by payment of the amount owed in respect of
10 the fine; or
11 (c) by a combination of the offender satisfactorily
12 undertaking some of the activity stated in the
13 WDP and paying a part of the amount owed in
14 respect of the fine.
15 (2) If the offender pays a part of the amount owed in
16 respect of the fine while the WDP is in force, the
17 Registrar must amend the WDP under section 46I(3) to
18 reduce the activity to be undertaken under the WDP so
19 that the value assigned to the activity (determined
20 using the applicable rates stated in the WDP under
21 section 46E(1)(b)(iii)) is equal to the amount owed
22 after that payment.
23 (3) If the offender undertakes activity stated in the WDP to
24 the satisfaction of the approved sponsor, the amount
25 owed in respect of the fine is reduced in accordance
26 with the value assigned to the activity that has been
27 undertaken using the applicable rates stated in the
28 WDP under section 46E(1)(b)(iii).
29 (4) A WDP is completed when the offender's liability to
30 pay the amount owed in respect of the fine is wholly
31 discharged under this section.
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1 46H. Cancellation of work and development permit
2 (1) The approved sponsor for a WDP may apply in the
3 approved form for the cancellation of the WDP if the
4 approved sponsor will be unable to continue to
5 supervise the performance of the activity (the required
6 activity) stated in the WDP.
7 (2) The offender may apply in the approved form for the
8 cancellation of a WDP if the offender believes that the
9 approved sponsor will be unable to continue to
10 supervise the performance of the required activity.
11 (3) On an application under subsection (1) or (2), the
12 Registrar must cancel the WDP.
13 (4) The Registrar may cancel a WDP in force in relation to
14 an offender on the Registrar's own initiative if the
15 Registrar is satisfied that --
16 (a) the offender has failed, without reasonable
17 excuse, to undertake the required activity; or
18 (b) the offender is no longer eligible for the WDP
19 under section 46B; or
20 (c) the approved sponsor is unable to continue to
21 supervise the required activity; or
22 (d) the approved sponsor has contravened any
23 requirement of this Subdivision or the
24 regulations; or
25 (e) the approved sponsor's approval has been
26 revoked under section 46J(2); or
27 (f) any statement or information in the application
28 for the WDP is false or misleading in a material
29 particular; or
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1 (g) any information or evidence given to the
2 Registrar in response to a notice under
3 section 46C(5) is false or misleading in a
4 material particular; or
5 (h) there is another good reason to cancel the
6 WDP.
7 (5) The Registrar must serve notice of the cancellation of a
8 WDP under subsection (3) or (4) on the approved
9 sponsor and the offender.
10 46I. Amendment of work and development permit
11 (1) The approved sponsor for a WDP may, with the
12 agreement of the offender, apply in the approved form
13 to have the WDP amended.
14 (2) On an application under subsection (1), the Registrar
15 must --
16 (a) approve the amendment of the WDP; or
17 (b) refuse to approve the amendment of the WDP.
18 (3) The Registrar must amend a WDP if required to do so
19 under section 46G(2).
20 (4) The Registrar must serve notice of a decision under
21 subsection (2) or (3) on the approved sponsor and the
22 offender.
23 46J. Approval of sponsors for work and development
24 permits
25 (1) The CEO (fines enforcement) may, in writing, approve
26 a person as an approved sponsor for the purposes of
27 this Subdivision.
28 (2) The CEO (fines enforcement) may, in writing, revoke
29 the approval of a person under subsection (1).
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1 (3) The CEO (fines enforcement) must establish and
2 maintain a register of approved sponsors.
3 (4) The regulations may make provision as to the form and
4 content of the register.
5 (5) The register must be published on the Registrar's
6 website.
7 46K. General provisions about approved sponsors
8 (1) An offender undertaking unpaid work for, or on behalf
9 of, an approved sponsor under a WDP --
10 (a) is not to be taken to be employed by, or in a
11 contract for services with, the approved
12 sponsor; and
13 (b) is not an employee for the purposes of the
14 Industrial Relations Act 1979 or any other
15 written law.
16 (2) Section 107 does not apply in relation to an act or
17 omission of an approved sponsor under or in
18 connection with this Subdivision or a WDP.
19 46L. Guidelines for work and development permits
20 (1) The Minister may issue guidelines in relation to WDPs
21 and the administration of this Subdivision.
22 (2) Without limiting subsection (1), guidelines may
23 include provision for or in relation to the following --
24 (a) assessing whether an offender is eligible for a
25 WDP under section 46B and the supporting
26 information and evidence required in making
27 that assessment;
28 (b) the application of rates prescribed for the
29 purposes of section 46N;
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1 (c) applications for WDPs;
2 (d) the approval of approved sponsors under
3 section 46J and the revocation of approvals
4 under that section.
5 (3) The Minister may at any time amend or revoke
6 guidelines issued under this section.
7 (4) Guidelines issued under this section, or an amendment
8 or revocation under subsection (3), must be published
9 in the manner prescribed by the regulations.
10 (5) Guidelines issued under this section are not subsidiary
11 legislation for the purposes of the Interpretation
12 Act 1984.
13 (6) If there is a conflict or inconsistency between a
14 provision of this Act and a provision of guidelines
15 issued under this section, the provision of this Act
16 prevails.
17 46M. Guidelines to be taken into account
18 (1) Guidelines issued under section 46L are intended --
19 (a) to assist the CEO (fines enforcement) and other
20 persons in the performance of functions under
21 this Act; and
22 (b) to provide information to approved sponsors,
23 offenders and any person or body that may be
24 affected by this Subdivision.
25 (2) In performing a function under this Subdivision a
26 person must take into account guidelines issued under
27 section 46L that relate to the performance of the
28 function.
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1 (3) Nothing in subsection (2) --
2 (a) derogates from the person's duty to exercise the
3 person's discretion in a particular case; or
4 (b) precludes the person from taking into account
5 matters not set out in guidelines; or
6 (c) requires the person to take into account
7 guidelines that are inconsistent with the
8 provision of this Act that confers the function.
9 46N. Regulations about work and development permits
10 (1) The regulations must provide for the rates to be used to
11 assign a value to each part of the activity undertaken
12 under a WDP for the purposes of section 46G.
13 (2) Different rates, or methods for determining rates, may
14 be prescribed for different kinds of activity.
15 (3) The regulations may make provision for and in relation
16 to WDPs and approved sponsors, including by
17 providing for the following --
18 (a) records, information and evidence required to
19 be collected and retained by approved sponsors
20 in relation to --
21 (i) an offender's eligibility for a WDP; and
22 (ii) activity undertaken under a WDP;
23 (b) notices and information to be given by
24 approved sponsors to the Registrar in
25 connection with WDPs;
26 (c) requirements for approved sponsors in relation
27 to --
28 (i) insurance; and
29 (ii) health and safety procedures or policies.
30
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Division 4 Amendments relating to work and development permits
s. 96
1 96. Part 4 Division 3C Subdivision 3 heading inserted
2 Before section 47 insert:
3
4 Subdivision 3 -- Work and development orders
5
6 97. Section 50 amended
7 After section 50(3)(a) insert:
8
9 (aa) any unpaid work to be undertaken under a
10 WDP; and
11
12 98. Section 55A amended
13 In section 55A delete "section 44A or" and insert:
14
15 section 44A, Division 3C Subdivision 2 or
16
17 99. Section 100 amended
18 In section 100 insert in alphabetical order:
19
20 approved sponsor has the meaning given in
21 section 28(1);
22
23 100. Section 100A amended
24 In section 100A(1) delete "contractor or electricity corporation"
25 and insert:
26
27 contractor, electricity corporation or approved sponsor
28
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
Amendments relating to work and development permits Division 4
s. 101
1 101. Section 100B amended
2 Before section 100B(3)(a) insert:
3
4 (aa) disclose information about offenders or fines to
5 approved sponsors for purposes connected with
6 WDPs; or
7
8 102. Section 101B amended
9 (1) After section 101B(3)(d) insert:
10
11 (da) a work and development permit has been issued
12 under section 46D but not served, the permit is
13 to be taken as being cancelled as from that
14 time;
15
16 (2) After section 101B(4)(a) insert:
17
18 (b) a work and development permit issued under
19 section 46D has been served, the permit ceases
20 to have effect;
21
22 (3) After section 101B(5)(c) insert:
23
24 (ca) the work and development permit then has
25 effect again;
26
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Part 2 Fines, Penalties and Infringement Notices Enforcement
Act 1994 amended
Division 4 Amendments relating to work and development permits
s. 103
1 103. Section 109B inserted
2 At the end of Part 8 insert:
3
4 109B. Review of Part 4 Division 3C Subdivision 2
5 (1) The Minister must review the operation and
6 effectiveness of Part 4 Division 3C Subdivision 2, and
7 prepare a report based on the review, as soon as
8 practicable after the 3rd anniversary of the day on which
9 the Fines, Penalties and Infringement Notices
10 Enforcement Amendment Act 2019 section 103 comes
11 into operation.
12 (2) The Minister must cause the report to be laid before
13 each House of Parliament as soon as practicable after it
14 is prepared, but not later than 12 months after the
15 3rd anniversary.
16
17 104. Section 115 amended
18 In section 115 insert in alphabetical order:
19
20 third commencement day means the day on which the
21 Fines, Penalties and Infringement Notices Enforcement
22 Amendment Act 2019 Part 2 Division 4 comes into
23 operation under section 2(d) of that Act;
24
25 105. Section 120 amended
26 (1) In section 120 delete "Subject to" and insert:
27
28 (1) Subject to
29
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994 amended
Amendments relating to work and development permits Division 4
s. 105
1 (2) At the end of section 120 insert:
2
3 (2) Subject to this Division, the amendments made by the
4 Fines, Penalties and Infringement Notices Enforcement
5 Amendment Act 2019 Part 2 Division 4 apply to and in
6 relation to a fine whether it was imposed or registered
7 with the Registry for enforcement before, on or after
8 the third commencement day.
9
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 3 Other Acts amended
Division 1 Courts and Tribunals (Electronic Processes Facilitation) Act
2013 amended
s. 106
1 Part 3 -- Other Acts amended
2 Division 1 -- Courts and Tribunals (Electronic Processes
3 Facilitation) Act 2013 amended
4 106. Act amended
5 This Division amends the Courts and Tribunals (Electronic
6 Processes Facilitation) Act 2013.
7 107. Section 95 deleted
8 Delete section 95.
9 Division 2 -- Criminal Investigation Act 2006 amended
10 108. Act amended
11 This Division amends the Criminal Investigation Act 2006.
12 109. Section 125 amended
13 In section 125(2)(a) delete "relevant court; or" and insert:
14
15 relevant court or, in the case of an arrest warrant issued under
16 the Fines, Penalties and Infringement Notices Enforcement
17 Act 1994 section 52Q(1)(b), released under section 52ZB of that
18 Act; or
19
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Other Acts amended Part 3
Cross-border Justice Act 2008 amended Division 3
s. 110
1 Division 3 -- Cross-border Justice Act 2008 amended
2 110. Act amended
3 This Division amends the Cross-border Justice Act 2008.
4 111. Section 7 amended
5 In section 7(1) in the definition of non-custodial order
6 paragraph (a)(iii) delete "section 47 or 47A; or" and insert:
7
8 section 47; or
9
10 112. Section 120 amended
11 In section 120 delete the definition of fines enforcement agency
12 and insert:
13
14 fines enforcement agency, of another participating
15 jurisdiction, means --
16 (a) if the jurisdiction is South Australia -- the
17 Chief Recovery Officer referred to in the Fines
18 Enforcement and Debt Recovery Act 2017
19 (South Australia) section 4; or
20 (b) if the jurisdiction is the Northern Territory --
21 the Fines Recovery Unit as defined in the Fines
22 and Penalties (Recovery) Act 2001 (Northern
23 Territory) section 5;
24
25 113. Section 121 amended
26 In section 121(1) delete "section 41(1)" and insert:
27
28 section 32(2)(a) or 32B
29
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Part 3 Other Acts amended
Division 3 Cross-border Justice Act 2008 amended
s. 114
1 114. Section 122 amended
2 Delete section 122(a) and insert:
3
4 (a) cancel any order, permit or unexecuted warrant
5 in force in relation to the fine under the Fines
6 Enforcement Act Part 4; and
7
8 115. Section 127 amended
9 (1) In section 127(1) delete "section 41(1)" and insert:
10
11 section 32(2)(a) or 32B
12
13 (2) In section 127(2) delete "issue a warrant of commitment under
14 the Fines Enforcement Act section 53(1)" and insert:
15
16 apply for a warrant of commitment inquiry under the Fines
17 Enforcement Act section 52N
18
19 116. Section 130 amended
20 Delete section 130(2)(a) and insert:
21
22 (a) cancel any order, permit or unexecuted warrant
23 in force in relation to the fine under the Fines
24 Enforcement Act Part 4; and
25
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Other Acts amended Part 3
Electricity Corporations Act 2005 amended Division 4
s. 117
1 117. Various references to Northern Territory legislation
2 amended
3 Amend the provisions listed in the Table as set out in the Table.
4 Table
Provision Delete Insert
s. 8(3)(a) Cross-border Justice Cross-border Justice
Act Act 2009
s. 97(a) Mental Health and Mental Health and
Related Services Act Related Services
Act 1998
s. 97(b) Sentencing Act Sentencing Act 1995
s. 119(2) Youth Justice Act Youth Justice
Act 2005
5 Division 4 -- Electricity Corporations Act 2005 amended
6 118. Act amended
7 This Division amends the Electricity Corporations Act 2005.
8 119. Section 40 deleted
9 Delete section 40.
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Part 3 Other Acts amended
Division 5 Road Traffic (Administration) Act 2008 amended
s. 120
1 120. Section 72 inserted
2 At the end of Part 3 Division 1 Subdivision 8 insert:
3
4 72. Disclosure of information in compliance with
5 request under Fines, Penalties and Infringement
6 Notices Enforcement Act 1994
7 (1) If a corporation is given a request to disclose
8 information under the Fines, Penalties and
9 Infringement Notices Enforcement Act 1994
10 section 100A, the corporation must disclose
11 information in compliance with the request.
12 (2) The information disclosed in compliance with a request
13 referred to in subsection (1) may include the names and
14 addresses of customers of the corporation but must not
15 include photographs or signatures of those customers.
16 (3) The disclosure of information is to be free of charge.
17
18 Division 5 -- Road Traffic (Administration) Act 2008 amended
19 121. Act amended
20 This Division amends the Road Traffic (Administration)
21 Act 2008.
22 122. Section 13C replaced
23 Delete section 13C and insert:
24
25 13C. Disclosure of information in compliance with
26 request under Fines, Penalties and Infringement
27 Notices Enforcement Act 1994
28 (1) If the CEO is given a request to disclose information
29 under the Fines, Penalties and Infringement Notices
page 146
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Other Acts amended Part 3
Road Traffic (Vehicles) Act 2012 amended Division 6
s. 123
1 Enforcement Act 1994 section 100A, the CEO must
2 disclose information in compliance with the request.
3 (2) The information disclosed in compliance with a request
4 referred to in subsection (1) may include the
5 following --
6 (a) driver's licence information;
7 (b) permit information;
8 (c) vehicle licence information.
9 (3) The disclosure of information under subsection (1) is to
10 be free of charge.
11
12 Division 6 -- Road Traffic (Vehicles) Act 2012 amended
13 123. Act amended
14 This Division amends the Road Traffic (Vehicles) Act 2012.
15 124. Section 5 amended
16 In section 5(3):
17 (a) in paragraph (i) delete "suspension order" and insert:
18
19 suspension and disqualification order
20
21 (b) in paragraph (j) delete "cancellation order" and insert:
22
23 cancellation and disqualification order
24
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Part 3 Other Acts amended
Division 7 Sentence Administration Act 2003 amended
s. 125
1 125. Section 16 amended
2 (1) In section 16(2A) delete "suspension order" (each occurrence)
3 and insert:
4
5 suspension and disqualification order
6
7 (2) In section 16(4) delete "cancellation order" and insert:
8
9 cancellation and disqualification order
10
11 Division 7 -- Sentence Administration Act 2003 amended
12 126. Act amended
13 This Division amends the Sentence Administration Act 2003.
14 127. Section 78 amended
15 (1) In section 78(1) in the definition of minimum hours
16 requirement delete paragraph (c) and insert:
17
18 (c) in relation to a WDO -- means the requirement
19 in the Fines, Penalties and Infringement
20 Notices Enforcement Act 1994 section 50(1)(b)
21 to do the number of hours of community
22 corrections activities specified in the WDO
23 (including the WDO as amended under
24 section 50(2A) of that Act);
25
26 (2) In section 78(2)(d) delete "fit, but they must not total more than
27 12 weeks." and insert:
28
29 fit.
30
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Fines, Penalties and Infringement Notices Enforcement Amendment
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Other Acts amended Part 3
Sentencing Act 1995 amended Division 8
s. 128
1 Division 8 -- Sentencing Act 1995 amended
2 128. Act amended
3 This Division amends the Sentencing Act 1995.
4 129. Section 57A amended
5 (1) Delete section 57A(5) and insert:
6
7 (5) The court must not make a fine enforcement (WDO)
8 order unless the offender is personally present in court.
9 (5A) In considering whether to make a fine enforcement
10 (WDO) order, the court must take into account the
11 following matters --
12 (a) whether the offender has the means to pay the
13 fine, either within 28 days or pursuant to a time
14 to pay order;
15 (b) whether the offender has any personal property
16 that could be seized under an enforcement
17 warrant issued under the Fines, Penalties and
18 Infringement Notices Enforcement Act 1994 to
19 satisfy, wholly or partly, the fine;
20 (c) the likelihood of the offender having the means
21 to pay referred to in paragraph (a), or personal
22 property referred to in paragraph (b), within a
23 reasonable time after the fine is imposed;
24 (d) whether the offender is mentally and physically
25 capable of performing the requirements of a
26 WDO.
27 (5B) The court may satisfy itself of any of the matters
28 referred to in subsection (5A) by evidence on oath from
29 the offender.
30
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Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2019
Part 3 Other Acts amended
Division 8 Sentencing Act 1995 amended
s. 130
1 (2) In section 57A(8) delete "Sections 48 to 53 of the Fines,
2 Penalties and Infringement Notices Enforcement Act 1994
3 apply" and insert:
4
5 The Fines, Penalties and Infringement Notices Enforcement
6 Act 1994 applies
7
8 130. Section 57B amended
9 In section 57B(4) delete "section 57A(5)(b) and (c)," and insert:
10
11 section 57A(5A),
12
13 131. Section 136G amended
14 (1) In section 136G delete the definition of CEO and insert:
15
16 CEO means --
17 (a) in relation to a CRO -- the CEO of the
18 department of the Public Service principally
19 assisting the Minister in the administration of
20 Part 7; or
21 (b) in relation to CSI or a CBO, ISO or PSO -- the
22 CEO (corrections);
23
24 (2) In section 136G in the definition of conditional order delete
25 paragraph (b) and insert:
26
27 (aa) a CBO;
28 (b) CSI;
29
30
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