State Penalties Enforcement Regulation 2014

1Short title

This regulation may be cited as the State Penalties Enforcement Regulation 2014.

2Commencement

(1)This regulation, other than part 8, commences on 1 September 2014.

(2)Part 8 commences on 1 October 2014.

3Dictionary

The dictionary in schedule 2 defines words used in this regulation.

3ARounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded down to the nearest multiple of 5 cents.

Example—

Section 22 provides for a fee of 123.65 fee units. If the value of a fee unit for this regulation were $1.025, the number of dollars obtained by multiplying $1.025 by 123.65 would be $126.74125. After rounding down, the amount of the fee would be $126.70.

s 3A ins 2022 SL No. 53 s 14

4Infringement notice offences and fines for nominated laws

(1)Schedule 1 prescribes infringement notice offences and infringement notice fines for the legislation (the nominated laws) mentioned in it.

(2)For a nominated law mentioned in schedule 1—

(a)an offence against a provision of the nominated law mentioned in schedule 1, column 1 as limited by any description in the column, is an offence to which the Act applies; and

(b)a number of penalty units mentioned in schedule 1, column 2 opposite the offence is the fine payable for the offence under an infringement notice.

(3)However, for an offence against a provision of HVNL(Q) or a national regulation under that Law, the fine payable for the offence is the lesser of the following amounts—

(a)10% of the maximum penalty for the offence;

(b)20 penalty units.

(4)Also, if an entry in schedule 1 for an infringement notice offence under the Police Powers and Responsibilities Act 2000 refers to the infringement notice fine for a stated provision of HVNL(Q) (the HVNL(Q) provision), the fine payable for the offence is the same as the infringement notice fine applying under this regulation for the HVNL(Q) provision.

s 4 amd 2017 SL No. 155 s 83

5Administering authority for nominated laws

The administering authority for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1, or an infringement notice about the offence, is—

(a)the entity specified in schedule 1 as the administering authority for an infringement notice offence against a provision of the nominated law, or an infringement notice about the offence; or

(b)if no entity is specified in schedule 1—the department or agency in which the provision is administered.

s 5 amd 2022 Act No. 10 ss 44, 48

6Authorised person for infringement notice for offence against nominated law

The person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1 is the person specified for the law in schedule 1 as the authorised person for service of infringement notices.

pt 3 hdg amd 2017 SL No. 42 s 4

6ADefinitions for part

In this part—

by-law means a by-law that is adopted by a trustee under the Land Act 1994, section 56(7), and is in force.

trustee means either of the following entities appointed under the Land Act 1994, section 44, as a trustee of trust land—

(a)the State;

(b)a statutory body that is established under an Act and represents the State.

s 6A ins 2017 SL No. 42 s 5

7Infringement notice offences and fines for local laws or by-laws

(1)An offence against a provision of a local law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 50 penalty units is an offence to which the Act applies (a local law infringement notice offence).

(2)The fine payable for a local law infringement notice offence under an infringement notice is—

(a)if the offence is otherwise punishable by a maximum penalty of—

(i)not more than 0.5 penalty units—the maximum penalty; or

(ii)more than 0.5, but not more than 5, penalty units—0.5 penalty units; or

(iii)more than 5, but not more than 10, penalty units—1 penalty unit; or

(iv)more than 10, but not more than 20, penalty units—2 penalty units; or

(v)more than 20, but not more than 30, penalty units—3 penalty units; or

(vi)more than 30, but not more than 40, penalty units—4 penalty units; or

(vii)more than 40, but not more than 50, penalty units—5 penalty units; or

(b)if a local law provides for an amount for the fine payable for the offence that is less than the amount prescribed for the offence under paragraph (a)—the lesser amount.

(3)An offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence).

(4)The fine payable for a by-law infringement notice offence under an infringement notice is—

(a)if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or

(b)if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or

(c)if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.

(5)This section applies to a maximum penalty that is expressed as a monetary value as if the maximum penalty had been expressed as a number of penalty units (whether whole or fractional) that corresponds to the value.

s 7 amd 2017 SL No. 42 s 6

8Administering authority for local law or by-law

(1)The administering authority for an infringement notice offence that is an offence against a provision of a local law, or an infringement notice about the offence, is the local government that made the local law.

(2)The administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.

s 8 amd 2017 SL No. 42 s 7

9Authorised person for infringement notice for offence against local law, by-law or minor traffic offence

(1)An authorised person for a local government is a person authorised to serve an infringement notice for—

(a)an infringement notice offence that is an offence against a provision of a local law made by the local government; or

(b)an infringement notice offence for the local government under the Transport Operations (Road Use Management) Act 1995, section 108.

(2)An employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.

(3)In subsection (1)—

authorised person means an authorised person under the City of Brisbane Act 2010, section 199 or the Local Government Act 2009, section 202.

s 9 amd 2017 SL No. 42 s 8

10Purpose of pt 4

This part states identifying particulars for infringement notices for infringement notice offences.

11Identifying particulars for alleged offender

(1)This section does not apply to an infringement notice for an infringement notice offence involving a vehicle or animal.

(2)For an infringement notice, the identifying particulars for an alleged offender are the following particulars in relation to the alleged offender—

(a)colour of hair and eyes;

(b)complexion;

(c)height;

(d)build;

(e)other noticeable distinguishing marks or features.

12Identifying particulars for vehicle

(1)This section applies to an infringement notice for an infringement notice offence involving a vehicle.

(2)For an infringement notice, the identifying particulars for the vehicle are the following particulars in relation to the vehicle—

(a)registration number;

(b)body type;

(c)make;

(d)colour;

(e)if relevant, the number of passengers in the vehicle.

(3)Subsection (2)(c) and (d) does not apply to a camera-detected offence if it is not practicable to work out the particulars mentioned in the provision from the image taken by the camera.

s 12 amd 2022 Act No. 10 s 45

13Identifying particulars for animal

(1)This section applies to an infringement notice for an infringement notice offence involving an animal.

(2)The identifying particulars for the animal are the following particulars in relation to the animal—

(a)species or breed;

(b)colour;

(c)sex;

(d)identification tag, registration tag, collar, brand or tattoo;

(e)electronically coded implant;

(f)other noticeable distinguishing marks or features.

14Identifying particulars for infringement notice for railway law

(1)This section applies to an infringement notice offence that is an offence against a railway law if the offence happened during a journey on a railway.

(2)The offence is prescribed for section 15(2)(d) of the Act.

(3)For section 15(2)(d)(i) of the Act, the identifying particulars for the offence are the approximate time at which, and the stations between which, the offence was alleged to have happened.

(4)In this section—

railway law means—

(a)the Transport Operations (Passenger Transport) Act 1994; or

(b)the Transport Infrastructure (Rail) Regulation 2017.

s 14 amd 2017 SL No. 145 s 41

15Registering payment of infringement notice fine by instalments

(1)This section applies if an administering authority approves an application to pay an infringement notice fine by instalments.

(2)For section 24(1) of the Act, the following are the particulars that the administering authority must give to SPER for registration—

(a)the full name, address and telephone number, if known, of the alleged offender;

(b)the offence and the date and place of the offence;

(c)the infringement notice number for the offence;

(d)the amount of the infringement notice fine;

(e)if the infringement notice offence involved a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;

(f)any other known particulars that help identify the alleged offender.

Note—

Under section 24 of the Act, the administering authority must also notify SPER of the unpaid amount of the infringement notice fine.

16Registering particulars of unpaid court ordered amount

(1)This section applies in relation to a court order to which section 34 of the Act applies.

(2)For section 34(2A) of the Act, the following are the particulars of the unpaid amount that the court registrar must give to SPER for registration—

(a)the full name, address and telephone number, if known, of the person ordered to pay the amount (the relevant person);

(b)the relevant offence and the date and place of the offence;

(c)if the amount relates to an offence involving a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;

(d)the name of the court that made the order, when and where the order was made, and the unique identifier used by the court for the proceeding in relation to the relevant person;

(e)particulars of the original court order, including how much of the total amount to be registered is attributable to each part of the court order;

(f)any other known particulars that help identify the relevant person.

Example for paragraph (e)—

When an unpaid amount is to be registered, it may consist of $500 for the fine, $450 for restitution, and $120 for court costs.

17Information to be provided if application to cancel enforcement order

For the Act, section 57, the registrar may ask a person who applies under the Act for the cancellation of an enforcement order for an infringement notice offence to give the registrar any of the following information the registrar considers necessary to help the registrar decide the application—

(a)the applicant’s address—

(i)when the infringement notice offence allegedly happened; and

(ii)when the relevant infringement notice first came to the applicant’s attention;

(b)if the applicant changed address before or after the infringement notice offence allegedly happened, when the change happened;

(c)if relevant, the address on the applicant’s driver licence;

(d)how and when the relevant infringement notice came to the applicant’s attention;

(e)if the applicant did not receive the infringement notice because of illness, particulars of the illness and a certificate, signed by the applicant’s doctor, relating to the illness;

(f)any other reason the applicant did not receive the relevant infringement notice.

18Additional particulars for default certificate

For the Act, section 135(h), the following are additional particulars to be stated in a default certificate for an infringement notice offence—

(a)when and where the offence is alleged to have happened;

(b)the infringement notice number for the offence;

(c)the infringement notice fine for the offence;

(d)any other known particulars that help identify the alleged offender.

pt 5A hdg ins 2018 SL No. 52 s 5

19AARemote areas—Act, s 32G

For the Act, section 32G(3), definition remote area, an area of the State identified as remote Australia or very remote Australia under the document called ‘Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure’ published by the Australian Bureau of Statistics is prescribed.

s 19AA ins 2018 SL No. 52 s 5

19ABMental illnesses—Act, s 32H

For section 32H(b) of the Act, mental illness has the meaning given by the Mental Health Act 2016, section 10.

s 19AB ins 2018 SL No. 52 s 5

19ACSubstance use disorders—Act, s 32H

(1)For section 32H(e) of the Act, a prescribed substance use disorder is a pattern of substance use evaluated as being moderate or severe under the DSM-5.

(2)In this section—

DSM-5 means the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

s 19AC ins 2018 SL No. 52 s 5

19ADSupporting evidence for particular eligibility assessments—Act, s 165

(1)This section applies to an eligibility assessment for an individual who is unable to pay the enforceable amount of the individual’s SPER debt because the individual has a substance use disorder.

(2)For section 165(12)(c) of the Act, the eligibility assessment must include a document that includes details of—

(a)the nature, severity and effects of the substance use disorder; and

(b)how long the individual has had the substance use disorder.

s 19AD ins 2018 SL No. 52 s 5

19AEPrescribed activity—Act, sch 2, definition unpaid work

(1)For the Act, schedule 2, definition unpaid work, paragraph (b), a prescribed activity is any activity performed by a person for an approved sponsor that does not result in a personal benefit to—

(a)the sponsor; or

(b)an associate of the sponsor; or

(c)a relative of the sponsor; or

(d)a person who supervises the person for the sponsor.

(2)However, an activity performed by a person for an approved sponsor is not unpaid work if—

(a)the activity is a function of regulated employment under the Working with Children (Risk Management and Screening) Act 2000 and the person does not hold a blue card positive notice under that Act; or

(b)the sponsor is a funded non-government service provider or an NDIS non-government service provider under the Disability Services Act 2006 and the person does not hold a positive notice given under that Act.

(3)In this section—

associate, of a sponsor, means—

(a)a representative of the sponsor; or

(b)a person who conducts a business or undertaking with the sponsor.

relative see the Domestic and Family Violence Protection Act 2012, section 19(2) to (5).

representative, of a sponsor, means—

(a)if the sponsor is a corporation—an executive officer, employee or agent of the sponsor; or

(b)if the sponsor is an individual—an employee or agent of the sponsor.

s 19AE ins 2018 SL No. 52 s 5

19AFAmounts satisfied by work and development order—Act, s 165

(1)For section 165(11)(c) of the Act, a person who undertakes an activity under a work and development order is taken to have satisfied the person’s SPER debt by the amount stated opposite the activity in schedule 1A.

(2)For schedule 1A, if the person undertakes a medical or mental health treatment, drug or alcohol treatment or mentoring program for a month, the person’s SPER debt is reduced by the amount worked out using the formula—

      where—

A means the number of hours the person undertakes for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program.

B means the number of hours the person was expected to undertake for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program.

(3)However, a person’s SPER debt may not be satisfied under this section by more than $1,000 in a month.

s 19AF ins 2018 SL No. 52 s 5

pt 5B hdg ins 2019 SL No. 216 s 3

pt 5B div 1 hdg ins 2019 SL No. 216 s 3

19AGApplication for approval

(1)A person may apply to the registrar for the approval of the person, or a stated entity, as an approved sponsor for 1 or more types of work and development order.

(2)The application must be made using the approved form.

s 19AG ins 2019 SL No. 216 s 3

19AHAdditional information

(1)The registrar may ask the applicant for additional information necessary to decide the application.

(2)If the applicant does not comply with the request for additional information within the reasonable time stated in the request, the registrar may give the applicant a notice dismissing the application.

s 19AH ins 2019 SL No. 216 s 3

19AIEligibility to be approved sponsor

(1)An individual is eligible to be an approved sponsor for a type of work and development order if—

(a)the individual is able to appropriately carry out the functions of an approved sponsor as provided for under the Act, part 3B; and

(b)the individual is able to maintain public confidence in the integrity of the work and development order program; and

(c)the individual, or a supervisor for the individual, has appropriate qualifications, training or relevant experience for the proposed activities; and

(d)the individual has suitable insurance cover for the proposed activities; and

(e)if the proposed activities are medical or mental health treatment—the individual is a health practitioner.

(2)An entity, other than an individual, is eligible to be an approved sponsor for a type of work and development order if—

(a)the entity is able to appropriately carry out the functions of an approved sponsor as provided for under the Act, part 3B; and

(b)the entity is able to maintain public confidence in the integrity of the work and development order program; and

(c)the entity, or a supervisor for the entity, has appropriate qualifications, training or relevant experience for the proposed activities; and

(d)the entity has suitable insurance cover for the proposed activities; and

(e)the entity has—

(i)a funding agreement relevant to the proposed activities; or

(ii)appropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and

(f)the entity has—

(i)a complaints management and resolution system; and

(ii)an incident management system; and

(g)if the entity is a for-profit organisation—the organisation’s objective, governance and funding are consistent with carrying out the functions of an approved sponsor; and

(h)if the entity is a general practice—the persons providing proposed activities are health practitioners.

(3)In this section—

funding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community.

general practice means a business providing health services provided by health practitioners.

health practitioner see the Act, section 32G(3).

proposed activities, for an entity as an approved sponsor, means the proposed activities for the types of work and development order for which the entity would be an approved sponsor.

supervisor, for an entity, means another entity who, on behalf of the entity, supervises an individual for the individual’s work and development order.

s 19AI ins 2019 SL No. 216 s 3

19AJDecision on application

(1)The registrar must consider the application and decide to grant or refuse the application.

(2)The registrar may grant the application only if satisfied the applicant is eligible to be an approved sponsor under section 19AI.

(3)The registrar may refuse to grant the application if satisfied—

(a)the applicant has not provided all the relevant information for the application; or

(b)the application contains false or misleading information.

(4)If the registrar grants the application, the registrar may also impose the additional conditions the registrar considers reasonable and relevant.

(5)In this section—

additional conditions means conditions other than the statutory conditions imposed under section 19AL.

s 19AJ ins 2019 SL No. 216 s 3

19AKNotice of decision

(1)As soon as practicable after the registrar decides to grant or refuse the application, the registrar must give the applicant written notice of the decision, including information about any additional conditions imposed on the approval.

(2)The notice of the decision must comply with the QCAT Act, section 157 if the registrar decides to—

(a)grant the application and impose additional conditions on the approval; or

(b)refuse the application.

s 19AK ins 2019 SL No. 216 s 3

pt 5B div 2 hdg ins 2019 SL No. 216 s 3

19ALStatutory conditions for approval

(1)An approval as an approved sponsor is subject to the conditions that the approved sponsor must—

(a)comply with the reporting requirements, relating to work and development orders, as notified by the registrar; and

(b)comply with the record keeping requirements under section 19AN; and

(c)comply with all funding agreements applying to the sponsor and relevant to the proposed activities; and

(d)maintain appropriate risk management arrangements for the relevant activities, including workplace health and safety policies and financial management accountability policies; and

(e)maintain a complaints management and resolution system; and

(f)comply with—

(i)for an approved sponsor who is a health practitioner—the National Privacy Principles; or

(ii)for another approved sponsor—the Information Privacy Principles; and

(g)report all reportable incidents to the registrar; and

(h)report all real or perceived conflicts of interest for the sponsor to the registrar.

(2)In this section—

conflicts of interest means a conflict of interest under section 19AP.

funding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community.

Information Privacy Principles means the principles stated in the Information Privacy Act 2009, schedule 3.

National Privacy Principles means the principles stated in the Information Privacy Act 2009, schedule 4.

relevant activities, for an entity as an approved sponsor, means the activities for the types of work and development order for which the entity is to be an approved sponsor.

reportable incident means an incident involving the death or serious injury of an individual while undertaking an activity or program for a work and development order.

s 19AL ins 2019 SL No. 216 s 3

19AMAmending approvals

(1)The registrar may amend an approval of an approved sponsor with the agreement of the sponsor.

(2)However, the registrar must not agree to an amendment if, because of the amended approval, the sponsor would not be eligible to be an approved sponsor under section 19AI.

s 19AM ins 2019 SL No. 216 s 3

19ANRecord keeping by approved sponsors

(1)An approved sponsor must keep the following records—

(a)proof of the identity of an individual on whose behalf the sponsor has applied for a work and development order;

(b)the sponsor’s assessment of an individual’s eligibility to participate in a work and development order;

(c)a record of the positive notices held by the sponsor and any supervisor for the approved sponsor.

(2)Subsection (1)(a) does not apply to an individual who is a resident of remote and discrete Aboriginal or Torres Strait Islander community.

(3)An approved sponsor must keep a record mentioned in subsection (1) for a period of 7 years after the completion, withdrawal or revocation of the work and development order to which the record relates.

(4)In this section—

positive notice see the Working with Children (Risk Management and Screening) Act 2000, section 220(a).

remote and discrete Aboriginal and Torres Strait Islander community means—

(a)the town of Coen; or

(b)the local government area of Aurukun, Cherbourg, Doomadgee, Hope Vale, Kowanyama, Lockhart River, Mapoon, Mornington, Mossman Gorge, Napranum, Northern Peninsula Area, Palm Island, Pormpuraaw, Torres, Torres Strait Island, Woorabinda, Wujal Wujal or Yarrabah.

supervisor, for an approved sponsor, means a person who, on behalf of the sponsor, supervises an individual for that individual’s work and development order.

s 19AN ins 2019 SL No. 216 s 3

19AOAuditing of records

(1)If requested by the registrar, an approved sponsor must give the registrar copies of all documents relevant to the work and development orders for which the sponsor is an approved sponsor.

(2)An approved sponsor must give the registrar, or another person nominated by the registrar, access to all documents relevant to work and development orders for which the sponsor is the approved sponsor.

s 19AO ins 2019 SL No. 216 s 3

19APConflicts of interest

A conflict of interest exists for an approved sponsor if—

(a)any activity performed by a person for an approved sponsor, under a work and development order, results in a personal benefit to—

(i)the sponsor; or

(ii)an associate of the sponsor; or

(iii)a relative of the sponsor; or

(iv)a person who supervises the person for the sponsor; or

(b)the approved sponsor sponsors a work and development order for a person who is an associate, relative or employee of the sponsor.

s 19AP ins 2019 SL No. 216 s 3

19AQVoluntary surrender of approval

(1)The holder of an approval as an approved sponsor may surrender the approval by written notice given to the registrar.

(2)The surrender takes effect—

(a)on the day the notice is given; or

(b)if a later day is stated in the notice, on the later day.

s 19AQ ins 2019 SL No. 216 s 3

19ARApproval not transferable

An approval as an approved sponsor can not be assigned or transferred.

s 19AR ins 2019 SL No. 216 s 3

pt 5B div 3 hdg ins 2019 SL No. 216 s 3

19ASDefinitions for division

In this division—

show cause notice see section 19AU(2).

show cause period see section 19AU(2)(d).

written representation means a written representation made in response to a show cause notice.

s 19AS ins 2019 SL No. 216 s 3

19ATGrounds for suspension or cancellation

Each of the following is a ground for suspending or cancelling the approval of an approved sponsor—

(a)the sponsor has failed to, or is no longer able to, comply with a condition of the approval;

(b)the approved sponsor, or an agent of the sponsor, has contravened the Act or this regulation;

(c)if the approved sponsor is an individual—the individual is an insolvent under administration;

(d)if the approved sponsor is a company—the company is a Chapter 5 body corporate under Corporations Act, section 9;

(e)the approval was granted because of false or misleading information;

(f)the approved sponsor has ceased to provide the activities relevant to the approval;

(g)having regard to the conduct of the approved sponsor, or an agent of the approved sponsor, the continuation of the sponsor’s approval is likely to undermine the public’s confidence in the integrity of the work and development order program;

(h)a conflict of interest exists for the approved sponsor under section 19AP.

s 19AT ins 2019 SL No. 216 s 3

amd 2023 Act No. 23 s 247 sch 1 s 2(3)

19AUShow cause notice

(1)This section applies if the registrar reasonably believes a ground exists to suspend or cancel the approval of an approved sponsor.

(2)The registrar may give the approved sponsor a notice (a show cause notice) stating the following—

(a)the registrar proposes to suspend or cancel the approval (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)an invitation to the approved sponsor to make a written representation to the registrar, within 28 days after being given the notice (the show cause period), to show why the proposed action should not be taken.

s 19AU ins 2019 SL No. 216 s 3

19AVRepresentations responding to show cause notice

The registrar must consider all written representations made to the registrar within the show cause period.

s 19AV ins 2019 SL No. 216 s 3

19AWEnding show cause process without further action

(1)This section applies if, after considering the written representations made to the registrar within the show cause period, the registrar no longer believes a ground exists to suspend or cancel the approval.

(2)The registrar must not take further action in relation to the show cause notice.

(3)The registrar must give the approved sponsor written notice that no further action is to be taken in relation to the show cause notice as soon as practicable after the registrar forms the belief.

s 19AW ins 2019 SL No. 216 s 3

19AXSuspension or cancellation of approval

(1)If, after considering the written representations made to the registrar within the show cause period, the registrar believes a ground exists to suspend or cancel the approval, the registrar may decide to—

(a)require the approved sponsor take remedial action to address the grounds for suspension or cancellation within a stated period; or

(b)suspend the approval for a stated period of time of not more than 3 months; or

(c)cancel the approval.

(2)The registrar must, as soon as practicable after making the decision, give written notice of the decision to the approved sponsor.

(3)The notice of the decision must comply with the QCAT Act, section 157 if the registrar decides to take any action mentioned in subsection (1).

(4)If the approved sponsor does not take the remedial action, to the satisfaction of the registrar, within the stated period, the approval is cancelled from the day after the period ends.

s 19AX ins 2019 SL No. 216 s 3

19AYImmediate suspension

(1)This section applies if the registrar reasonably believes—

(a)a ground exists for suspending or cancelling an approved sponsor’s approval under section 19AT; and

(b)the approved sponsor’s approval must be suspended immediately to—

(i)ensure the integrity of the work and development order program is not jeopardised; or

(ii)remove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.

(2)The registrar may decide to immediately suspend the approved sponsor’s approval.

(3)If the registrar decides to immediately suspend the approved sponsor’s approval, the registrar must give the approved sponsor written notice of the suspension and the grounds of the suspension.

(4)A suspension under this section—

(a)starts immediately after the approved sponsor is given the notice of the suspension; and

(b)ends on the earliest of the following—

(i)the day that is 3 months after the day on which the suspension started;

(ii)the day a notice is given to the approved sponsor ending the suspension under subsection (5).

(5)If, during the suspension, the registrar no longer believes the approved sponsor’s approval should be suspended, the registrar must end the suspension by giving notice to the approved sponsor.

s 19AY ins 2019 SL No. 216 s 3

pt 5B div 4 hdg ins 2019 SL No. 216 s 3

19AZExternal review of decisions under this part

(1)This section applies to a person entitled to be given notice of any of the following decisions—

(a)a decision, to grant an application for an approval as an approved sponsor, imposing an additional condition on the approval under section 19AJ;

(b)a decision to refuse to grant an application for an approval as an approved sponsor under section 19AJ;

(c)a decision to require the approved sponsor take remedial action under section 19AX;

(d)a decision to suspend or cancel an approval under section 19AX.

(2)The person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

s 19AZ ins 2019 SL No. 216 s 3

19AServing infringement notices by electronic communication—Act, s 158

(1)This section applies if—

(a)an authorised person may serve an infringement notice for an offence on a person (the relevant person) under section 13 or 14 of the Act; and

(b)the relevant person consents to being served with the infringement notice by way of the authorised person using electronic communication to send the notice to a unique electronic address nominated by the relevant person.

(2)A consent that in substance satisfies subsection (1)(b) is sufficient for the subsection.

(3)For section 158(1)(d) of the Act, the infringement notice may be served on the relevant person by the authorised person sending the notice by electronic communication to the unique electronic address nominated by the relevant person.

(4)For section 158(3)(b) of the Act, the day prescribed for the method of service stated in subsection (3) is the day the authorised person sends the infringement notice to the unique electronic address.

(5)In this section—

unique electronic address, for a person, means a fixed designation on a communication network assigned to the person for the purpose of the person receiving information.

Examples—

an email address, mobile phone number or user account

s 19A ins 2016 SL No. 55 s 3

amd 2018 SL No. 52 s 6

19BServing infringement notices by post—Act, s 158

(1)This section applies if—

(a)an authorised person may serve an infringement notice for an infringement notice offence on a person under section 13 of the Act; and

(b)the offence does not involve a vehicle.

(2)For section 158(1)(d) of the Act, the infringement notice may be served on the person by the authorised person sending the notice by post to the postal address of the person.

(3)For section 158(3)(b) of the Act, the day prescribed for the method of service stated in subsection (2) is the day the infringement notice would be delivered in the ordinary course of post.

s 19B ins 2018 SL No. 52 s 7

20Delegation of prescribed functions

For section 10C(3) of the Act, the registrar may delegate the following functions and powers to a service contractor—

(a)the powers and functions of the registrar under section 24 of the Act;

(b)the powers and functions of the registrar under section 42 of the Act.

20AAEntities for information-sharing arrangements—Act, s 134K

For section 134K(1) of the Act, each of the following entities is prescribed—

(a)the department administering the Transport Operations (Road Use Management) Act 1995;

(b)the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008, section 465.

s 20AA ins 2021 SL No. 79 s 3

20ABDecisions not to be generated by information system—Act, s 151

For section 151(1)(c) of the Act, the following decisions of the registrar are prescribed—

(a)a decision under section 32Q(3) of the Act about the revocation of a work and development order;

(b)a decision under section 52(2), 107(3) or 119(3) of the Act to issue an arrest and imprisonment warrant;

(c)a decision under section 57(1) of the Act to cancel an enforcement order;

(d)a decision to issue an enforcement warrant mentioned in section 63(2)(a) of the Act;

(e)a decision under section 64(3) of the Act to cancel, suspend or vary an enforcement warrant;

(f)a decision under section 108D of the Act to issue an immobilisation warrant;

(g)a decision under section 108E(3) of the Act to cancel, suspend or vary an immobilisation warrant.

s 20AB ins 2021 SL No. 79 s 3

20AAdministrative charge—Act, s 102

(1)For section 102(1)(b) of the Act, the amount prescribed for an administrative cost of complying with a fine collection notice is $13.

(2)The amount prescribed may be charged for each amount deducted from an enforcement debtor’s account.

s 20A ins 2018 SL No. 52 s 7

20BProtected amount—Act, ss 102 and 103C

For sections 102(2)(b) and 103C(3)(b) of the Act, the amount prescribed as the protected amount is the protected earnings rate for a 1-week period.

s 20B ins 2018 SL No. 52 s 7

20CAdministrative cost—Act, s 103C

(1)For section 103C(5) of the Act, the amount prescribed for an administrative cost of complying with a fine collection notice is $13.

(2)However, if a financial institution deducts amounts from 2 or more accounts of the enforcement debtor—

(a)the amount prescribed under subsection (1) applies only to 1 account of the enforcement debtor; and

(b)the amount prescribed for the other accounts of the enforcement debtor is $0.

s 20C ins 2018 SL No. 52 s 7

21Minimum amount owing prescribed for vehicle immobilisation

For section 108A(c) of the Act, the prescribed amount is $5,000.

22Warrant issue fee

For section 119(5) of the Act, the warrant issue fee is 123.65 fee units.

s 22 amd 2015 SL No. 45 s 14; 2016 SL No. 88 s 13; 2017 SL No. 106 s 14; 2018 SL No. 65 s 13; 2019 SL No. 112 s 22; 2020 SL No. 116 s 12; 2021 SL No. 60 s 13; 2022 SL No. 53 s 15

23Civil enforcement fee

For the Act, schedule 2, definition civil enforcement fee, the fee prescribed for part 5 of the Act is 123.65 fee units.

s 23 amd 2015 SL No. 45 s 15; 2016 SL No. 88 s 14; 2017 SL No. 106 s 15; 2018 SL No. 65 s 14; 2019 SL No. 112 s 23; 2020 SL No. 116 s 12; 2021 SL No. 60 s 13; 2022 SL No. 53 s 15

24Cut-out rate

(1)For the Act, schedule 2, definition cut-out rate, paragraphs (b), (d) and (e), the cut-out rate is the amount equal to the prescribed penalty unit value.

(2)In this section—

prescribed penalty unit value means the value of 1 penalty unit under the Penalties and Sentences Act 1992, section 5(1)(a)(i).

s 24 amd 2018 SL No. 52 s 8

25Minimum instalment

For the Act, schedule 2, definition minimum instalment, the minimum amount a person who may pay an amount by instalments must pay is—

(a)for the first instalment—$60; and

(b)for each subsequent instalment—

(i)$30 for each fortnight, regardless of the frequency at which instalments must be paid; or

(ii)the amount remaining to be paid, if it is less than $30.

Example for paragraph (b)(i)—

If the instalment payment notice requires instalments to be paid every 4 weeks, the minimum instalment for each 4 weeks is $60.

26Prescribed management fee—Act, s 24

For the Act, section 24(5), the management fee is 1% of each instalment paid to SPER.

27Registration fee

For the Act, schedule 2, definition registration fee, the fee for registering an unpaid amount under the Act is 73.80 fee units.

s 27 amd 2015 SL No. 45 s 16; 2016 SL No. 88 s 15; 2017 SL No. 106 s 16; 2018 SL No. 65 s 15; 2019 SL No. 112 s 24; 2020 SL No. 116 s 13; 2021 SL No. 60 s 14; 2022 SL No. 53 s 16

28Threshold amount

For the Act, schedule 2, definition threshold amount, the amount at or above which a person may apply to an administering authority for approval to pay an infringement notice fine by instalments is $200.

28AWaiver or return of fees for enforcement orders—Act, s 150AA

(1)This section applies if an enforcement order is issued against a person in relation to an infringement notice offence.

(2)The registrar may waive or return all or part of a fee payable by the person for the enforcement order if—

(a)within 28 days of the date of the enforcement order, the person applies to SPER under section 42 of the Act; and

(b)the registrar approves the application; and

(c)the registrar is satisfied—

(i)the fine for the relevant infringement notice offence is less than the threshold amount; and

(ii)the person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.

(3)Without limiting subsection (2), the registrar may waive or return all or part of a fee payable by the person for the enforcement order if—

(a)the person and an approved sponsor enter an agreement mentioned in section 32J(1) or 32O(1) of the Act within 28 days of the date of the infringement notice; and

(b)an application is made on behalf of the person under section 32J(1) or 32O(1) of the Act.

s 28A ins 2018 SL No. 52 s 9

29Expenses for attendance—Act, s 134D

(1)The following expenses are prescribed for section 134D(7) of the Act—

(a)the expenses incurred by a person for—

(i)travelling to and from the place the person is required to attend; or

(ii)accommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend;

(b)any loss of earnings or additional expenses incurred by a person during the person’s absence from the person’s place of residence to attend the place the person is required to attend.

(2)The amount of the expenses to be paid to the person is the amount payable under the Uniform Civil Procedure (Fees) Regulation 2019, part 3, as—

(a)for expenses mentioned in subsection (1)(a)(i)—a travelling allowance; or

(b)for expenses mentioned in subsection (1)(a)(ii)—an accommodation allowance; or

(c)for expenses mentioned in subsection (1)(b)—an attendance allowance.

(3)For subsection (2)(a), a reference in the Uniform Civil Procedure (Fees) Regulation 2019, part 3, to the court is taken to be a reference to the place the person is required to attend.

s 29 amd 2018 SL No. 52 s 10; 2019 SL No. 168 s 37 sch 5

29AEnforcement costs—Act, s 149

For section 149 of the Act, the following types of cost are prescribed—

(a)work of the type usually performed by a locksmith;

(b)towing or otherwise transporting a vehicle;

(c)impounding a vehicle;

(d)storing or securing property;

(e)insurance;

(f)selling property, including any of the following—

(i)engaging an agent;

(ii)advertising;

(iii)preparation for sale;

(iv)commission.

s 29A ins 2022 Act No. 10 s 46

pt 7 hdg sub 2022 Act No. 10 s 49

pt 7 div 1 hdg ins 2022 Act No. 10 s 49

30Particular expired infringement notice offences committed before commencement

(1)This section applies in relation to the commission by a person of an offence if—

(a)at the time of the commission, the offence was prescribed under the expired regulation as an infringement notice offence for an Act (the relevant Act); and

(b)the offence is not prescribed under this regulation as an infringement notice offence.

(2)The offence is prescribed as an infringement notice offence for the relevant Act and, for that purpose—

(a)the fine payable for the offence is the fine payable for the offence under the expired regulation at the time of the commission of the offence; and

(b)the previous administering authority for the offence is the administering authority for the offence; and

(c)a previous authorised person for the offence is an authorised person for the offence.

(3)Subsection (2) does not limit the application of the Acts Interpretation Act 1954, section 20.

(4)In this section—

expired regulation means the State Penalties Enforcement Regulation 2000 as in force before its expiry.

previous administering authority, for an offence, means the administering authority for the offence under the expired regulation immediately before its expiry.

previous authorised person, for an offence, means an authorised person for the offence under the expired regulation immediately before its expiry.

pt 7 div 2 hdg ins 2022 Act No. 10 s 50

31Infringement notices served before change of administering authority

(1)This section applies in relation to an infringement notice for an offence served on a person if—

(a)when the notice was served, an entity (the first entity) was prescribed by this regulation to be the administering authority for the infringement notice or offence; and

(b)the notice stated that the person must or may—

(i)pay a fine to the first entity; or

(ii)make an election or application to the first entity; or

(iii)give a declaration or other document to the first entity; and

(c)after the notice was served, a 2022 Act amendment commenced and another entity (the second entity) became the administering authority for the infringement notice or offence.

(2)From the commencement of the 2022 Act amendment, for the purpose of a relevant provision of the Act, the first entity and the second entity are each prescribed to be an administering authority for the infringement notice or offence.

(3)To remove any doubt, it is declared that subsection (2) does not require a person to do a thing under a relevant provision in relation to both the first entity and the second entity.

Example—

If, under a relevant provision, a person served with an infringement notice may pay a fine to the administering authority, the person may pay the fine to either the first entity or the second entity.

(4)In this section—

2022 Act amendment means an amendment of this regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022.

relevant provision means a provision under which a thing mentioned in subsection (1)(b)(i) to (iii) must or may be done.

s 31 ins 2022 Act No. 10 s 50

pt 7 div 3 hdg ins 2024 SL No. 121 s 12

32Repealed infringement notice offences under Water Regulation 2016

(1)This section applies in relation to—

(a)the commission of an offence before the commencement against the Water Regulation 2016, former section 110A(4) or (5) or 113(3); or

(b)the commission of an offence after the commencement against the Water Regulation 2016, former section 113(3) as applying under section 165 of that regulation.

(2)Schedule 1, entry for the Water Regulation 2016, as in force before the commencement continues to apply in relation to the offence as if the Water and Other Legislation Amendment Regulation 2024 had not been made.

(3)Subsection (2) does not limit the application of the Acts Interpretation Act 1954, section 20.

(4)In this section—

former, in relation to a provision of the Water Regulation 2016, means the provision as in force from time to time before the commencement.

s 32 ins 2024 SL No. 121 s 12

sections 4, 5 and 6

Agents Financial Administration Act 2014

Agents Financial Administration Regulation 2014

Airport Assets (Restructuring and Disposal) Act 2008

Ambulance Service Act 1991

Animal Management (Cats and Dogs) Act 2008

Architects Act 2002

Associations Incorporation Act 1981

Biosecurity Act 2014

Building Act 1975

Building Fire Safety Regulation 2008

Building Industry Fairness (Security of Payment) Act 2017

Building Regulation 2006

Note—

A reference to the Building Regulation 2006, or a provision of the Building Regulation 2006, is a reference to that regulation or provision as in force under the Building Regulation 2021, section 95.

Building Regulation 2021

Casino Control Act 1982