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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fines Legislation Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Fines, Penalties and
Infringement Notices
Enforcement Act 1994 amended
3. The Act amended in this Part 3
4. Section 3 amended and consequential amendments 3
5. Section 5A inserted and consequential
amendments 4
5A. Service by electronic means 4
6. Section 10A inserted 5
10A. Registrar may disclose information to
Commissioner of Police 5
7. Section 27A amended 5
8. Section 27D inserted 6
27D. Registrar's decision on time to pay is final 6
9. Section 32 amended 7
10. Section 39 amended 7
11. Section 41 amended 8
12. Section 53 amended 9
13. Section 55A amended 11
14. Section 55E replaced 11
55E. Registrar's decision on time to pay etc. is
final 11
15. Section 101B amended 12
16. Section 109 and Schedule 1 repealed 12
161--3 page i
Fines Legislation Amendment Bill 2006
Contents
Part 3 -- Sentencing Act 1995
amended
17. The Act amended in this Part 13
18. Section 59 amended 13
19. Section 67 amended 13
20. Section 87 amended 14
Part 4 -- Sentence Administration
Act 2003 amended
21. The Act amended in this Part 15
22. Section 7 amended 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Fines Legislation Amendment Bill 2006
A Bill for
An Act to amend the --
• Fines, Penalties and Infringement Notices Enforcement Act 1994;
• Sentencing Act 1995; and
• Sentence Administration Act 2003,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Fines Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Fines Legislation Amendment Act 2006.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) section 12(3) -- on the tenth working day (being a day
other than a Saturday, Sunday or public holiday
10 throughout the State) after that day;
(c) the rest of the Act -- on a day fixed by proclamation.
page 2
Fines Legislation Amendment Bill 2006
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 3
Part 2 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994 amended
3. The Act amended in this Part
The amendments in this Part are to the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994*.
[* Reprint 3 as at 9 December 2005.]
4. Section 3 amended and consequential amendments
(1) Section 3(1) is amended by inserting in the appropriate
alphabetical position --
10 "
"dishonoured payment" means a purported
payment --
(a) by means of a cheque where the cheque is
subsequently dishonoured or cancelled; or
15 (b) by means of a credit card where the payment
is not authorised by the issuer of the card; or
(c) pursuant to an arrangement to directly debit
an account with a person where the payment
is not authorised by the person;
20 ".
(2) Section 21(7) is amended by deleting "cheque." and inserting
instead --
" payment. ".
(3) Section 26(3) is amended by deleting "cheque." and inserting
25 instead --
" payment. ".
(4) Section 102 is amended by deleting "cheque," in the 2 places it
occurs and in each place inserting instead --
" payment, ".
page 3
Fines Legislation Amendment Bill 2006
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 5
(5) Section 108(3)(e) is amended by deleting "cheque" and
inserting instead --
" payment ".
(6) Section 108(4)(c) is amended by deleting "cheque" and
5 inserting instead --
" payment ".
5. Section 5A inserted and consequential amendments
(1) After section 5 the following section is inserted in Part 1 --
"
10 5A. Service by electronic means
(1) If under this Act information or a document or notice
must or may be given to or served on a person, it may,
with the consent of that person be given or served --
(a) by sending it by fax to the person using a fax
15 number given by the person; or
(b) by sending it by email to the person at an email
address given by the person,
to the person who is giving or serving it.
(2) Subsection (1) does not apply to giving or serving --
20 (a) any document that under this Act must be
served personally;
(b) a final demand under section 14(2);
(c) a certificate or information under section 16;
(d) a document under section 21(4)(b);
25 (e) a notice of withdrawal under section 22(2);
(f) any information or a document or notice under
Part 7;
(g) subject to section 105, a warrant of execution or
a warrant of commitment issued under this Act.
page 4
Fines Legislation Amendment Bill 2006
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 6
(3) Subsection (1) does not limit the operation of
section 76 of the Interpretation Act 1984.
".
(2) Section 3(1) is amended by inserting in the appropriate
5 alphabetical positions --
"
"give" information or a document or notice, has a
meaning affected by section 5A;
"serve" a document, has a meaning affected by
10 sections 5 and 5A;
".
(3) Section 5(1) is amended by deleting "this section." and inserting
instead --
" this section or in accordance with section 5A. ".
15 6. Section 10A inserted
After section 10 the following section is inserted in Part 2 --
"
10A. Registrar may disclose information to
Commissioner of Police
20 The Registrar, on any terms the Registrar thinks fit,
may disclose to the Commissioner of Police any
information the Registrar thinks fit about any
proceedings under this Act.
".
25 7. Section 27A amended
(1) Section 27A(1) is amended as follows:
(a) by deleting the full stop at the end of the subsection and
inserting instead a comma;
page 5
Fines Legislation Amendment Bill 2006
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 8
(b) by inserting at the end of the subsection --
"
or on the grounds that the licence suspension order
would or does seriously hinder the alleged offender in
5 performing family or personal responsibilities.
".
(2) Section 27A(2) is amended as follows:
(a) by inserting after paragraph (a) --
" or ";
10 (b) by deleting "; or" after paragraph (b) and inserting
instead a full stop;
(c) by deleting paragraph (c).
(3) After section 27A(4)(a) the following paragraph is inserted --
"
15 (aa) the alleged offender has a reasonable excuse for
any contravention of a time to pay order made
previously under this section in respect of the
infringement notice; and
".
20 8. Section 27D inserted
After section 27C the following section is inserted --
"
27D. Registrar's decision on time to pay is final
A decision of the Registrar under section 27A, 27B or
25 27C is final.
".
page 6
Fines Legislation Amendment Bill 2006
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 9
9. Section 32 amended
After section 32(2) the following subsection is inserted --
"
(3) Despite subsections (1) and (2), a fine may be
5 registered by the court officer at any time after it is
imposed if at the time the fine is registered there is --
(a) another fine imposed on the offender that has
been registered under this Part and that has not
been paid; or
10 (b) an infringement notice in respect of the
offender that has been registered under Part 3
and that has not been paid.
".
10. Section 39 amended
15 Section 39(1) is repealed and the following subsection is
inserted instead --
"
(1) A fine imposed on an offender may be registered by a
court officer if the prosecuting authority has given the
20 court officer a written notice requesting the court
officer to register the fine and either --
(a) 28 days have elapsed since the fine was
imposed; or
(b) at the time the fine is registered there is --
25 (i) another fine imposed on the offender
that has been registered and that has not
been paid; or
(ii) an infringement notice in respect of the
offender that has been registered under
30 Part 3 and that has not been paid.
".
page 7
Fines Legislation Amendment Bill 2006
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 11
11. Section 41 amended
After section 41(2) the following subsections are inserted --
"
(3) If, at any time after a fine is registered and before a
5 warrant of execution or a warrant of commitment is
issued in respect of it, there is good reason to do so, a
court officer, in writing, may order the Registrar to
cancel the registration.
(4) A court officer may only make an order under
10 subsection (3) in respect of a fine to which Division 2
Subdivision 2 applies with the consent of the
prosecuting authority (as defined in section 39(2)).
(5) When the registration of a fine is cancelled --
(a) any time to pay order made under
15 section 55A(4) in respect of the fine is
cancelled; and
(b) any licence suspension order made in respect of
the offender in respect of the fine is cancelled;
and
20 (c) any order to attend for work and development
made under section 47, 47A or 55D is
cancelled; and
(d) the Registrar must forthwith notify the offender
of the cancellation of any order that occurs
25 under this subsection.
(6) The cancellation of the registration of a fine does not
prevent a court officer from again registering the fine.
".
page 8
Fines Legislation Amendment Bill 2006
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 12
12. Section 53 amended
(1) Section 53(3) is repealed and the following subsection is
inserted instead --
"
5 (3) A warrant of commitment is to commit the offender to
be imprisoned for a period (in days) specified in the
warrant that is the shorter of --
(a) the period of imprisonment determined by
dividing the amount owed by the amount
10 prescribed and rounding the result down to the
nearest whole number of days; and
(b) the maximum term of imprisonment (if any) to
which the offender could have been sentenced
for the offence concerned,
15 and that in any event is not less than one day.
".
(2) Section 53(4) is repealed and the following subsection is
inserted instead --
"
20 (4) If, when the Fines Legislation Amendment Bill 2006
section 12(1) (the "amending provision") comes into
operation, a warrant of commitment is in force but the
offender has not commenced to serve the period of
imprisonment specified in it, the warrant has effect as
25 if --
(a) the amending provision; and
(b) the regulations made for the purposes of
subsection (3)(a) as enacted by the amending
provision,
30 had come into operation before the warrant was issued.
".
page 9
Fines Legislation Amendment Bill 2006
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 12
(3) Section 53(8) is repealed and the following subsection is
inserted instead --
"
(8) The period of imprisonment specified in a warrant of
5 commitment is concurrent with any other period or
term of imprisonment that the offender is serving or
has to serve.
(8a) If, immediately before the Fines Legislation Amendment
Bill 2006 section 12(3) (the "amending provision")
10 comes into operation, an offender who has served, is
serving or has to serve a period of imprisonment under
a warrant of commitment is in prison, the offender is
entitled to be released from imprisonment on --
(a) the day on which the offender would have been
15 entitled to be released if the amending
provision had come into operation before the
warrant of commitment was issued; or
(b) the day on which the amending provision
comes into operation,
20 whichever is later.
(8b) In the case of an offender who is serving or has to
serve a parole term as defined in the Sentencing Act
1995 section 85(1), a reference in subsection (8a) to the
offender being entitled to be released is a reference to
25 the offender being eligible to be released on parole.
".
(4) Before section 53(9) the following subsection is inserted --
"
(8c) The Registrar may at any time cancel a warrant of
30 commitment for good reason.
".
page 10
Fines Legislation Amendment Bill 2006
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 13
13. Section 55A amended
(1) Section 55A(1) is amended as follows:
(a) by deleting the full stop at the end of the subsection and
inserting instead a comma;
5 (b) by inserting at the end of the subsection --
"
or on the grounds that the licence suspension order
would or does seriously hinder the offender in
performing family or personal responsibilities.
10 ".
(2) Section 55A(2) is amended as follows:
(a) by inserting after paragraph (a) --
" or ";
(b) by deleting "; or" after paragraph (b) and inserting
15 instead a full stop;
(c) by deleting paragraph (c).
(3) After section 55A(4)(a) the following paragraph is inserted --
"
(aa) the offender has a reasonable excuse for any
20 contravention of a time to pay order made
previously under this section in respect of the
fine; and
".
14. Section 55E replaced
25 Section 55E is repealed and the following section is inserted
instead --
"
55E. Registrar's decision on time to pay etc. is final
A decision of the Registrar under section 55A, 55B,
30 55C or 55D is final.
".
page 11
Fines Legislation Amendment Bill 2006
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 15
15. Section 101B amended
(1) Section 101B(3)(e) is amended by inserting after
"section 47" --
" , 47A or 55D ".
5 (2) Section 101B(4)(c) is amended by inserting after
"section 47" --
" , 47A or 55D ".
16. Section 109 and Schedule 1 repealed
Section 109 and Schedule 1 are repealed.
page 12
Fines Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 3
s. 17
Part 3 -- Sentencing Act 1995 amended
17. The Act amended in this Part
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005 and Act Nos. 27 of
2004 and 25 of 2005.]
18. Section 59 amended
(1) Section 59(3) is repealed and the following subsection is
10 inserted instead --
"
(3) Unless the court sets a shorter period of imprisonment
under subsection (1)(b), the period of imprisonment (in
days) for the purposes of that subsection is the shorter
15 of --
(a) the period determined by dividing the amount
of the fine by the amount prescribed and
rounding the result down to the nearest whole
number of days; and
20 (b) the term of imprisonment (if any) provided by
the statutory penalty for the offence concerned,
and in any event is not less than one day.
".
(2) Section 59(4) is repealed.
25 19. Section 67 amended
Section 67(3) is amended by deleting "40" and inserting
instead --
" 10 ".
page 13
Fines Legislation Amendment Bill 2006
Part 3 Sentencing Act 1995 amended
s. 20
20. Section 87 amended
Section 87(a) is amended by inserting after "reason" --
"
(other than a warrant of commitment issued under the
5 Fines, Penalties and Infringement Notices Enforcement
Act 1994)
".
page 14
Fines Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 4
s. 21
Part 4 -- Sentence Administration Act 2003 amended
21. The Act amended in this Part
The amendments in this Part are to the Sentence Administration
Act 2003*.
5 [* Act No. 49 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005 and Act No. 27
of 2004.]
22. Section 7 amended
10 (1) Section 7(1) is amended by deleting the definition of "fixed
term" and inserting instead --
"
"fixed term" includes --
(a) a period of imprisonment ordered under
15 section 58, 59 or 119A of the Sentencing
Act 1995; and
(b) a period of imprisonment specified in a
warrant of commitment issued under the
Fines, Penalties and Infringement Notices
20 Enforcement Act 1994;
".
(2) Section 7(2) is amended by deleting "sentenced" and inserting
instead --
" who has ".
25
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