State Penalties Enforcement (Transitional) Regulation 2017


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State Penalties Enforcement (Transitional) Regulation 2017

1Short title

This regulation may be cited as the State Penalties Enforcement (Transitional) Regulation 2017.

2Commencement

This regulation commences on 4 December 2017.

3Declaration that regulation is a transitional regulation—Act, s 194

This regulation is a transitional regulation.

4Main purpose

(1)The main purpose of this regulation is to facilitate the change from the operation of the provisions of the Act, as in force before the commencement of particular provisions of the State Penalties Enforcement Amendment Act 2017, to the operation of the provisions of the Act, as in force after the commencement.
(2)The main changes for the Act are—
(a)the introduction of work and development orders; and
(b)the removal of fine option orders and good behaviour orders.

5Meaning of transition period

In this regulation—
transition period means the period—
(a)beginning on 4 December 2017; and
(b)ending on the commencement of the State Penalties Enforcement Amendment Act 2017, section 25.

6Reference to fine option order

During the transition period, a reference in section 153 to a fine option order is taken to be a reference to a work and development order.

7References to infringement notice default

During the transition period, a reference in section 29 or 38 to an infringement notice default is taken to be a reference to the registration of a default certificate under section 33.

8References to payment plan

During the transition period—
(a)a reference in section 32O to entering into a payment plan is taken to be a reference to paying instalments under an instalment payment notice; and
(b)a reference in section 108S, 115, 149A or 157 to a payment plan is taken to be a reference to an instalment payment notice.

9Expiry

This regulation expires on the commencement of the State Penalties Enforcement Amendment Act 2017, section 25.