State Penalties Enforcement Act 1999


Queensland Crest
State Penalties Enforcement Act 1999
Queensland State Penalties Enforcement Act 1999 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Revenue and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Some enacted but uncommenced amendments included in the State Penalties Enforcement Amendment Act 2017 No. 13 have also been incorporated in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Revenue and Other Legislation Amendment Bill 2018—22 August 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland State Penalties Enforcement Act 1999 Contents Part 1 1 2 3 4 5 6 Part 2 7 8 9 10 10A 10B 10C 11 11A 11B 12 Part 3 Division 1 13 14 14A 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Act has limited application to children . . . . . . . . . . . . . . . . . . . . . 12 Act binds State, Commonwealth and other States . . . . . . . . . . . 13 The State Penalties Enforcement Registry The State Penalties Enforcement Registry . . . . . . . . . . . . . . . . . 13 Functions of SPER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 The SPER charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Staff and contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Service contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Service subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Delegation of prescribed functions . . . . . . . . . . . . . . . . . . . . . . . 18 Management of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Infringement notices Service of infringement notices Service of infringement notices—generally . . . . . . . . . . . . . . . . . 20 Service of infringement notices for infringement notice offences involving vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Recovery of vehicle identification costs . . . . . . . . . . . . . . . . . . . . 22 Infringement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Effect of this part on prosecution . . . . . . . . . . . . . . . . . . . . . . . . . 23
Not authorised —indicative only State Penalties Enforcement Act 1999 Contents Division 2 17 18 19 20 21 Division 3 22 23 25 26 27 Division 4 28 29 30 31 32 Part 3A 32A 32B 32C 32D 32E Part 3B 32F 32G 32H 32I 32J 32K 32L 32M 32N Liability for infringement notice offences involving vehicles Liability for infringement notice offences involving vehicles . . . . 24 Effect of illegal user declaration . . . . . . . . . . . . . . . . . . . . . . . . . 25 Effect of known user declaration . . . . . . . . . . . . . . . . . . . . . . . . . 25 Effect of sold vehicle declaration . . . . . . . . . . . . . . . . . . . . . . . . . 26 Effect of unknown user declaration . . . . . . . . . . . . . . . . . . . . . . . 27 Obligations and options under infringement notices Ways alleged offender may respond to an infringement notice . 28 Application for early referral of fine to SPER . . . . . . . . . . . . . . . . 28 Alleged offender who pays can not be prosecuted . . . . . . . . . . . 29 When alleged offender can not elect to have offence decided by court 30 When infringement notice offence is to be decided by court . . . . 30 Withdrawal and re-issue of infringement notice Administering authority may withdraw infringement notice . . . . . 31 Cancellation of registration on withdrawal of infringement notice 32 Application to cancel infringement notice for mistake of fact . . . . 33 Effect of cancellation of infringement notice . . . . . . . . . . . . . . . . 33 Proceedings after cancellation of infringement notice . . . . . . . . . 34 Payment plans Application to registrar for payment plan . . . . . . . . . . . . . . . . . . . 35 Offering payment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Acceptance of payment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Amending payment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Cancelling payment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Work and development orders Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Work and development orders . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Eligibility for work and development order . . . . . . . . . . . . . . . . . . 40 No work and development order for amount payable to specified person or entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Application for work and development order . . . . . . . . . . . . . . . . 41 Eligibility assessment by approved sponsor . . . . . . . . . . . . . . . . 41 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Unpaid work must be performed cumulatively . . . . . . . . . . . . . . 42 Effect of this part on enforcement action . . . . . . . . . . . . . . . . . . . 43 Page 2
32O 32P 32Q 32R 32S Part 4 Division 1 33 33A Division 1A 34 35 36 37 Division 1B 37A 37B 37C Division 1C 37D 37E 37F 37G Division 2 38 39 40 Division 3 41 51 51A Division 4 52 52A Division 5 State Penalties Enforcement Act 1999 Contents Variation of work and development order . . . . . . . . . . . . . . . . . . 43 Withdrawal of work and development order . . . . . . . . . . . . . . . . 44 Revocation of work and development order . . . . . . . . . . . . . . . . 45 Satisfaction of SPER debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 External review of decisions under this part . . . . . . . . . . . . . . . . 47 Enforcement orders Preliminary What is an infringement notice default . . . . . . . . . . . . . . . . . . . . 47 What is an unpaid court debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Registering unpaid amounts with SPER for collection Registering unpaid amounts with SPER . . . . . . . . . . . . . . . . . . . 49 Lodgement fee for particular administering authorities . . . . . . . . 49 Effect of registration on collection and prosecution . . . . . . . . . . . 50 Amending matter registered with SPER . . . . . . . . . . . . . . . . . . . 50 Early referral notices Serving early referral notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Ways person may respond to early referral notice . . . . . . . . . . . 51 Cancelling early referral notice . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Court debt payment notices Serving court debt payment notice . . . . . . . . . . . . . . . . . . . . . . . 51 Ways person may respond to court debt payment notice . . . . . . 51 Cancelling court debt payment notice . . . . . . . . . . . . . . . . . . . . . 52 Effect of appeal on court debt payment notice . . . . . . . . . . . . . . 52 Enforcement orders Issue of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Enforcement fee imposed for enforcement order . . . . . . . . . . . . 54 Service of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Obligations and options under enforcement order Ways enforcement debtor may respond to enforcement order . . 55 When infringement notice offence is to be decided by court . . . . 55 Court election or proceeding for offence cancels enforcement order 56 Default after enforcement order Default after time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Working out period of imprisonment for arrest and imprisonment warrant 57 Effect of appeal, rehearing or reopening of proceedings on Page 3 Not authorised —indicative only
Not authorised —indicative only State Penalties Enforcement Act 1999 Contents 54 54A 54B Division 6 55 56 56A 56B 57 57A 58 59 60 Part 4A 60A 60B 60C Part 5 Division 1 61 62 62A 62B 62C 62D Division 2 63 63A 64 65 66 67 68 enforcement order Effect of appeal on enforcement order . . . . . . . . . . . . . . . . . . . . 58 Effect of appeal on enforcement order for offender levy . . . . . . . 58 Effect of rehearing or reopening proceedings on enforcement order 59 Cancellation of enforcement orders relating to infringement notice defaults Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Application for cancellation of all or part of enforcement order . . 60 Request for further information . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Stay of enforcement action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Information sharing about cancellations . . . . . . . . . . . . . . . . . . . 63 Appeal against refusal to cancel enforcement order . . . . . . . . . . 63 Effect of cancellation of enforcement order . . . . . . . . . . . . . . . . . 64 Proceedings after the cancellation of enforcement order . . . . . . 65 Order of satisfaction Order of satisfaction of amounts of SPER debt . . . . . . . . . . . . . . 66 Order of satisfaction if more than 1 unpaid amount . . . . . . . . . . 67 Application of part to payment of any amount . . . . . . . . . . . . . . . 67 Civil enforcement Preliminary Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Part does not prevent issue of arrest and imprisonment warrant 68 Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Applying part to particular persons . . . . . . . . . . . . . . . . . . . . . . . 69 Enforcement fee imposed for defaults requiring enforcement action 69 Invitation to apply for payment plan . . . . . . . . . . . . . . . . . . . . . . . 69 Enforcement warrants Issue of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Renewal of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . 72 Registrar may cancel, suspend or vary enforcement warrant for seizure of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Enforcement warrant imposing a charge on property . . . . . . . . . 73 Effect of warrant imposing charge on property . . . . . . . . . . . . . . 73 Order to set aside or restrain sale, etc. of charged property . . . . 73 Offence of dealing with charged or restrained property . . . . . . . 74 Page 4
68A 69 69A 70 71 72 73 73A 73B 73C 73D 73E 73F 73G 73H 73I 73J 73K 74 Division 3 75 76 77 78 Division 4 79 80 81 82 83 84 85 86 State Penalties Enforcement Act 1999 Contents Offence of concealing, selling, transferring or otherwise dealing with property subject to seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Enforcement of enforcement warrant may be made conditional . 75 Particular matters about enforcement of enforcement warrant . . 76 Power of entry to enforce enforcement warrant . . . . . . . . . . . . . 77 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Powers under search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Notice to enforcement debtor etc. if seizure . . . . . . . . . . . . . . . . 79 Enforcement officer may authorise tow . . . . . . . . . . . . . . . . . . . . 79 Order of selling property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Payment by enforcement debtor before sale . . . . . . . . . . . . . . . 80 Storage before sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Nature of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Sale at best price obtainable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Postponement of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Accountability for, and distribution of, money received . . . . . . . . 84 Reserve price provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Return of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Fine collection notices Issue of fine collection notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Issue of fine collection notice after enforcement warrant . . . . . . 87 Registrar may cancel, suspend or vary fine collection notices . . 87 Copy of notices under this division to be given to enforcement debtor 88 Provisions about fine collection notices redirecting earnings When registrar may issue fine collection notice for redirection of earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Two or more employers of 1 employee . . . . . . . . . . . . . . . . . . . . 89 Duty of employer to make deductions . . . . . . . . . . . . . . . . . . . . . 89 Working out amount to be deducted . . . . . . . . . . . . . . . . . . . . . . 89 Provisions for working out earnings for s 82 . . . . . . . . . . . . . . . . 90 Additional duties of employers . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Discharge of enforcement debtor’s liability to registrar and employer’s liability to enforcement debtor . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Payment by trustees of deducted amounts . . . . . . . . . . . . . . . . . 92 Page 5 Not authorised —indicative only
Not authorised —indicative only State Penalties Enforcement Act 1999 Contents 87 88 89 90 91 92 93 94 95 96 Division 5 97 98 99 Division 6 100 101 102 103 Division 6A 103A 103B 103C 103D Division 7 104 105 106 107 108 Division 7A Subdivision 1 Penalty for late payment to registrar of deducted amounts . . . . . 92 Penalty for failure to make deductions from earnings . . . . . . . . . 93 When late payment penalty may be waived . . . . . . . . . . . . . . . . 93 Application of interest payable on judgment debt . . . . . . . . . . . . 94 Penalty is alternative to prosecution for certain offences against part 94 Employers not to prejudice employees because of action under this part 95 Employers not to disclose information etc. . . . . . . . . . . . . . . . . . 96 Records to be kept by employers . . . . . . . . . . . . . . . . . . . . . . . . 96 Access to premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Application of amounts paid or credited if 2 or more debts due . 98 Provisions about fine collection notice for redirection of a debt When debt redirected under fine collection notice . . . . . . . . . . . 99 Payment to enforcement debtor despite redirection . . . . . . . . . . 99 Discharge of the third person . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Provisions about regular redirection from a financial institution account Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Service of fine collection notice for regular redirection from a financial institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Financial institution to make payments . . . . . . . . . . . . . . . . . . . . 101 Offence of intentionally defeating notice for regular redirection from a financial institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Provisions about direction to pay amount from financial institution account Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Copy of fine collection notice to enforcement debtor . . . . . . . . . 103 Financial institution to make deduction . . . . . . . . . . . . . . . . . . . . 103 Financial institution to make payment . . . . . . . . . . . . . . . . . . . . . 104 Suspension of driver licence Criteria for suspending driver licence . . . . . . . . . . . . . . . . . . . . . 104 Suspension of driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 General effect of suspension of driver licence . . . . . . . . . . . . . . 105 Review of suspension of driver licence . . . . . . . . . . . . . . . . . . . . 106 Effect of suspension of driver licence on vehicle insurance . . . . 106 Enforcement by vehicle immobilisation Criteria for vehicle immobilisation Page 6
State Penalties Enforcement Act 1999 Contents Not authorised —indicative only 108A 108B Subdivision 2 108C Subdivision 3 108D 108E 108F 108G 108H 108I 108J 108K 108L 108M 108N 108O 108P 108Q 108R 108S 108T 108U 108V 108W Subdivision 4 108X 108Y 108Z Division 8 110 Division 10 Criteria for vehicle immobilisation . . . . . . . . . . . . . . . . . . . . . . . . 107 Types of vehicles that may be immobilised . . . . . . . . . . . . . . . . . 107 Notice of intention to issue immobilisation warrant Registrar to serve notice of intention to issue immobilisation warrant 108 Immobilisation warrant and related matters Issue and service of immobilisation warrant . . . . . . . . . . . . . . . . 108 Registrar may cancel, suspend or vary immobilisation warrant . 109 Effect of immobilisation warrant . . . . . . . . . . . . . . . . . . . . . . . . . 109 Who may enforce an immobilisation warrant . . . . . . . . . . . . . . . 110 Where and when an immobilisation warrant may or may not be enforced 110 Additional powers under an immobilisation warrant . . . . . . . . . . 111 Entry to ask occupier for consent to enter . . . . . . . . . . . . . . . . . . 112 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Immobilisation search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Powers under immobilisation search warrant . . . . . . . . . . . . . . . 114 Immobilisation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Immobilisation period and access to vehicle . . . . . . . . . . . . . . . . 114 When immobilising device may be removed before end of immobilisation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Removal of immobilising device immediately after immobilisation period ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Direction by registrar to seize vehicle under enforcement warrant 115 Direction by registrar to re-enforce current immobilisation warrant 116 Return of immobilisation warrant . . . . . . . . . . . . . . . . . . . . . . . . . 116 Notice of damage—immobilisation warrant . . . . . . . . . . . . . . . . . 117 Compensation—immobilisation warrant . . . . . . . . . . . . . . . . . . . 117 Effect of immobilisation on vehicle insurance . . . . . . . . . . . . . . . 118 Offences Offences of concealing, selling, transferring or otherwise dealing with vehicle with particular intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Offence of interfering with or removing immobilised vehicle . . . . 119 Offence of tampering with or removing immobilising device or immobilising notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Other enforcement options Registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 General provisions Page 7
State Penalties Enforcement Act 1999 Contents Not authorised —indicative only 114 115 116 117 Part 6 119 119A 120 121 Part 8 131 132 133 134 Part 8A Division 1 134A Division 2 134B 134C 134D 134E 134F 134G Division 3 134H 134I 134J Division 4 134K 134L 134M Part 9 Division 2 Page 8 Power of person serving fine collection notice or enforcing warrant to demand name and address etc. . . . . . . . . . . . . . . . . . . . . . . . . . 120 Effect of particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Offence of obstructing enforcement officer . . . . . . . . . . . . . . . . . 123 Offence of defacing or removing seizure tags . . . . . . . . . . . . . . . 123 Imprisonment Enforcement by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Enforcement fee imposed for defaults requiring arrest and imprisonment warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Satisfaction of fine by imprisonment . . . . . . . . . . . . . . . . . . . . . . 124 Order of satisfaction of fines if enforcement debtor imprisoned . 125 Reciprocal enforcement of fines Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Declaration of reciprocating court . . . . . . . . . . . . . . . . . . . . . . . . 126 Enforcement of Queensland fine by reciprocating court . . . . . . . 127 Enforcement of fine imposed by reciprocating court . . . . . . . . . . 127 Information sharing Preliminary Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Information collection Information from police commissioner . . . . . . . . . . . . . . . . . . . . . 129 Registrar may require person to give information . . . . . . . . . . . . 130 Registrar may require attendance by persons . . . . . . . . . . . . . . 131 Power to record giving of information . . . . . . . . . . . . . . . . . . . . . 132 Registrar may require translation or conversion of information . . 132 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 133 Information protection Unauthorised disclosure of confidential information . . . . . . . . . . 134 Non-disclosure of particular information . . . . . . . . . . . . . . . . . . . 135 Limited use of self-incriminating information . . . . . . . . . . . . . . . . 135 Information sharing Information-sharing arrangements . . . . . . . . . . . . . . . . . . . . . . . 135 Disclosure of confidential information by registrar . . . . . . . . . . . . 136 Registrar may advise police commissioner about particular warrants 138 Miscellaneous Other enforcement related provisions
147 148 149 149A 150 150A 150AA 150AB 150B 151 153 154 155 156 157 158 159 159A Division 3 160 161 162 163 165 Part 10 Division 1 167 168 169 170 171 172 Division 2 173 174 174A State Penalties Enforcement Act 1999 Contents Effect of notices, orders and warrants . . . . . . . . . . . . . . . . . . . . . Electronic transmission of particular documents . . . . . . . . . . . . . Enforcement costs and their allocation . . . . . . . . . . . . . . . . . . . . References to amounts otherwise being discharged . . . . . . . . . Dishonoured cheques etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrar may write off unpaid fine or other amount . . . . . . . . . . Registrar may waive or return fee . . . . . . . . . . . . . . . . . . . . . . . . Redirecting amounts to unpaid SPER debts . . . . . . . . . . . . . . . . Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrar may arrange for use of information system . . . . . . . . . Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fees payable for registration under other Acts . . . . . . . . . . . . Non-reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrar may communicate with enforcement debtors by SMS . General Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms by administering authority . . . . . . . . . . . . . . . Approval of other forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional, validating and declaratory provisions Transitional provisions for Act No. 70 of 1999 Amnesty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of infringement notices by administering authority . . . . . . . Existing warrant of commitment . . . . . . . . . . . . . . . . . . . . . . . . . Existing fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validating and declaratory provisions Infringement notice for Motor Accident Insurance Act 1994 . . . . Infringement notice for a corporation . . . . . . . . . . . . . . . . . . . . . . Particular orders made under Industrial Relations Act 2016 . . . . 139 140 140 140 141 142 143 143 143 144 145 146 146 147 148 150 152 152 152 152 153 153 153 155 156 156 156 157 157 158 158 159 Page 9 Not authorised —indicative only
Not authorised —indicative only State Penalties Enforcement Act 1999 Contents Division 3 175 176 177 178 179 Division 6 182 Division 7 183 183A 184 185 186 187 188 189 190 191 192 193 194 Division 8 195 Schedule 2 Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2007 Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Transitional provision about management of office . . . . . . . . . . . 160 Transitional provision for extension of time to pay an amount stated in an enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Transitional provision for cancellation of enforcement order . . . . 161 Transitional provision for good behaviour order . . . . . . . . . . . . . 161 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 Effect of provision disqualifying person from holding or obtaining driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Transitional provisions for State Penalties Enforcement Amendment Act 2017 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Department (corrective services) is approved sponsor . . . . . . . . 163 Other approved sponsors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Conversion of fine option orders . . . . . . . . . . . . . . . . . . . . . . . . . 164 Conversion of applications for fine option orders . . . . . . . . . . . . 164 Continuation of good behaviour orders . . . . . . . . . . . . . . . . . . . . 165 Application to pay fine by instalments . . . . . . . . . . . . . . . . . . . . . 165 Continued payment under an instalment payment notice . . . . . . 166 Effect of existing enforcement documents . . . . . . . . . . . . . . . . . 167 Effect of existing default certificates . . . . . . . . . . . . . . . . . . . . . . 168 Continuation of particular applications . . . . . . . . . . . . . . . . . . . . 168 Continuation of particular certificate evidence . . . . . . . . . . . . . . . 169 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . 169 Transitional provision for Tow Truck and Other Legislation Amendment Act 2018 Application of Act to particular 17 year old children . . . . . . . . . . 170 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Page 10
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 1 Preliminary [s 1] State Penalties Enforcement Act 1999 An Act about the issue and enforcement of infringement notices, the enforcement of court ordered fines and certain court ordered debts, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the State Penalties Enforcement Act 1999 . Editor's notes— Uncommenced amendments to the following provisions have been included in this indicative reprint— sections 14A, 15, 22–24, 26–28, 30, 38–39, 41, 42, 51–52, 54B, 61, 62A–62D, 63, 63A, 73D, 75, 105–107, 108F, 108H, 110, 113, 119, 119A, 150B, 151, 153, 155, 157, 188–192 parts 3A, 4 and 9 sch 2. See 2017 Act No. 13 ss 11, 12, 14–16, 18–19, 20(2), 22–23, 25, 26(1)– (2), 27, 29(1)–(2), 30 (to the extent it om s 42), 31–33, 35–41, 43, 44(3), 49–51, 55(1), 64–65, 69–70, 75, 81(2)–(3), 82(1), 83(2), (4), 88 (to the extent it ins ss 188, 189, 190, 191, 192), 89(2) (to the extent it oms defs civil enforcement fee, default certificate, enforcement debtor, instalment payment notice, registration fee, threshold amount ), (4) (to the extent it ins defs court debt payment notice, decision maker, early referral, early referral notice enforceable amount (example), enforcement debtor, enforcement fee, infringement notice default, payment plan, relevant offence, unpaid court debt ). Current as at [Not applicable] Page 11
State Penalties Enforcement Act 1999 Part 1 Preliminary [s 2] 2 Commencement This Act commences on a day to be fixed by proclamation. Not authorised —indicative only 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Objects The objects of this Act include— (a) maintaining the integrity of fines as a viable sentencing or punitive option for offenders; and (b) maintaining confidence in the justice system by enhancing the way fines and other money penalties may be enforced; and (c) reducing the cost to the State of enforcing fines and other money penalties. 5 Act has limited application to children (1) Subject to subsections (2) and (3), this Act does not apply to a child other than to the extent it allows a child to pay a fine stated in an infringement notice for an offence in full or by instalments to an administering authority instead of being prosecuted for the offence. (2) If a child aged at least 17 years is served with an infringement notice for a transport demerit points offence, this Act applies to the child in relation to the offence in the same way it applies to an adult. (3) An enforcement order, fine collection notice or warrant may not be issued under this Act against a child except as allowed under subsection (2). (4) A reference in this Act to a Magistrates Court includes, in relation to a matter involving a child, a reference to the Childrens Court. Page 12 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 6] (5) In this section— transport demerit points offence means an offence for which a number of demerit points may be allocated against the offender’s traffic history under a regulation under the Transport Operations (Road Use Management) Act 1995 . 6 Act binds State, Commonwealth and other States (1) This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States. (2) However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act. Part 2 The State Penalties Enforcement Registry 7 The State Penalties Enforcement Registry A State Penalties Enforcement Registry ( SPER ) is established. 8 Functions of SPER (1) SPER has the functions conferred or imposed on it under this or another Act. (2) In particular, SPER has the following functions— (a) collecting amounts payable to SPER under this or another Act; (b) administering the making of enforcement orders; (c) taking enforcement action under this Act. (3) The functions must be performed in accordance with the SPER charter. Current as at [Not applicable] Page 13
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 9] 9 The SPER charter The SPER charter includes the following— (a) maximising the collection, for victims of offences, of amounts ordered to be paid under the Penalties and Sentences Act 1992 by way of restitution or compensation; (b) maximising the amount of fines and other money penalties paid before enforcement action is taken; (c) promoting a philosophy that non-monetary satisfaction of SPER debts is for the needy in the community and not an alternative to payment of a fine for those who can afford to pay the fine; (d) reducing the use of imprisonment for fine default by encouraging the use of other enforcement mechanisms; (e) promoting public education about the obligations of offenders and the consequences of not satisfying the obligations. 10 Staff and contractors (1) There is to be a registrar of SPER. (2) The registrar and other staff of the registry are to be employed under the Public Service Act 2008 . (3) Also, for the administration and enforcement of this Act, the registrar may engage under a contract— (a) debt collectors as enforcement officers; and (b) other persons for other purposes. (4) Persons engaged under subsection (3) are engaged under this Act and not the Public Service Act 2008 . 10A Service contractors (1) This section applies if, under section 10(3)(b), the registrar engages an entity (the service contractor ) under a contract Page 14 Current as at [Not applicable]
State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 10A] Not authorised —indicative only (the service contract ) to provide services to assist the registrar in the administration and enforcement of this Act. (2) The service contract may— (a) state the services (each, an authorised service ) the service contractor is required to provide; and (b) impose a condition on the provision of an authorised service by the service contractor; and Example for paragraph (b)— a condition requiring the service contractor to obtain the registrar’s approval before providing a particular authorised service (c) include a delegation by the registrar under section 10C(1) or (3); and (d) authorise the service contractor to subcontract the provision of an authorised service; and (e) impose a condition on the service contractor’s authority to subcontract. Example for paragraph (e)— a condition requiring the service contractor to subcontract only with subcontractors approved by the registrar (3) When providing an authorised service in accordance with the service contract, the service contractor may— (a) use the name of SPER; and (b) do anything necessary for, or incidental to, the provision of the authorised service. (4) In the performance of an authorised service by the service contractor in accordance with the service contract— (a) laws applying to the registrar, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were the registrar; and (b) laws applying to SPER, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were SPER. Current as at [Not applicable] Page 15
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 10B] (5) Anything done— (a) by the service contractor in accordance with the service contract; or (b) in relation to the service contractor in relation to an authorised service; is taken to have been done by or in relation to the registrar or SPER, as the case requires. (6) However, the engagement of the service contractor under the service contract does not relieve the registrar of the registrar’s obligations in relation to the proper administration and enforcement of this Act. 10B Service subcontractors (1) This section applies if, in accordance with a service contract, the service contractor subcontracts with another entity (the service subcontractor ) for the provision of an authorised service. (2) The contract (the service subcontract ) between the service contractor and the service subcontractor must comply with any condition imposed by the service contract in relation to subcontracting an authorised service. (3) The service subcontract— (a) must state the authorised service the service subcontractor is required to provide; and (b) may impose a condition on the service subcontractor’s provision of the authorised service. (4) If the service contract includes a delegation under section 10C(1), the service subcontract may include a delegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract. (5) If the service contract includes a delegation under section 10C(3), the service subcontract may include a subdelegation of the prescribed function to the service Page 16 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 10B] subcontractor that complies with the delegation in the service contract. (6) When providing an authorised service in accordance with the service subcontract, the service subcontractor may— (a) use the name of SPER; and (b) do anything necessary for, or incidental to, the provision of the authorised service. (7) In the performance of an authorised service by the service subcontractor in accordance with the service subcontract— (a) laws applying to the registrar, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were the registrar; and (b) laws applying to SPER, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were SPER. (8) Anything done— (a) by the service subcontractor in compliance with the service subcontract; or (b) in relation to the service subcontractor in relation to an authorised service; is taken to have been done by or in relation to the registrar or SPER, as the case requires. (9) However, the engagement of the service subcontractor under the service subcontract does not relieve— (a) the registrar of the registrar’s obligations in relation to the proper administration and enforcement of this Act; or (b) the service contractor of the service contractor’s obligations under the service contract. (10) In this section— prescribed function see section 10C(6). Current as at [Not applicable] Page 17
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 10C] 10C Delegation of prescribed functions (1) The registrar may delegate the registrar’s power to delegate a prescribed function to a service contractor. Note— For the registrar’s power to delegate, see section 161. (2) A delegation under subsection (1) can not permit the subdelegation of the delegated power. (3) Also, the registrar may delegate a prescribed function to a service contractor. (4) A delegation under subsection (3) may permit the subdelegation of the prescribed function by the service contractor. (5) However, the service contractor must not delegate or subdelegate a prescribed function to anyone other than— (a) an appropriately qualified agent, employee or executive officer of the service contractor; or (b) an appropriately qualified subcontractor engaged by the service contractor; or (c) an appropriately qualified agent, employee or executive officer of a service subcontractor mentioned in paragraph (b). (6) In this section— prescribed function means a function or power of the registrar, or of SPER, under this Act that is prescribed by regulation for this section. 11 Management of office (1) The registrar may make or issue an enforcement order, fine collection notice or warrant under this Act. (2) The registrar has, for making or issuing an order or warrant under this Act, the same immunities and protection as officers of a court. Page 18 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 2 The State Penalties Enforcement Registry [s 11A] (3) Anything done by the registrar in the name of or for SPER is taken to have been done by SPER. 11A Identity cards (1) The registrar must issue an identity card to each enforcement officer. (2) The identity card must— (a) contain a recent photograph of the enforcement officer; and (b) contain a copy of the enforcement officer’s signature; and (c) identify the person as an enforcement officer appointed under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 11B Return of identity card If the office of a person as an enforcement officer ends, the person must return the person’s identity card to the registrar within 21 days after the office ends unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 12 Protection from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence, when acting as an official. (2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State. (3) In this section— Current as at [Not applicable] Page 19
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 13] official means— (a) the registrar; or (b) another member of the staff of SPER; or (c) an enforcement officer. Part 3 Infringement notices Division 1 Service of infringement notices 13 Service of infringement notices—generally (1) If an authorised person reasonably believes a person has committed an infringement notice offence, the authorised person may serve an infringement notice on the person for the offence. (2) If the infringement notice offence involves a vehicle, the infringement notice may be served under section 14. (3) Section 14 does not limit the ways an infringement notice may be served on a person. (4) An infringement notice for an offence must not be served on a person after the end of the period within which an administering authority may start a prosecution for the offence and, if served, must be withdrawn. (5) Section 28(2) to (4) applies to the withdrawal of an infringement notice under subsection (4). 14 Service of infringement notices for infringement notice offences involving vehicles (1) An infringement notice for an infringement notice offence involving a vehicle may be served— (a) on the owner of the vehicle; or Page 20 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 14] (b) on the person named in a known user declaration as the person who was in charge of the vehicle at the relevant time; or (c) on the person named in a sold vehicle declaration as the person to whom the vehicle had been sold or otherwise disposed of before the relevant time. (2) If the infringement notice is to be served by post, the notice may be addressed to the person— (a) for the owner of the vehicle—at the address of the owner in the register of vehicles kept under a registration Act; or (b) for the person named in a known user declaration—at the person’s address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act; or (c) for the person named in a sold vehicle declaration—at the person’s address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act. (3) Also, the infringement notice may be served by securely placing or attaching the notice, addressed to the owner, without further description, on or to the vehicle in a conspicuous position. (4) If the infringement notice is served under subsection (3), it is taken to have been served on the owner on the day it is placed on or attached to the vehicle. (5) A person must not interfere with an infringement notice placed on or attached to a vehicle unless the person is the owner or the person in charge of the vehicle at the relevant time. Maximum penalty for subsection (5)—40 penalty units. Current as at [Not applicable] Page 21
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 14A] 14A Recovery of vehicle identification costs (1) This section applies if, in relation to an infringement notice for an infringement notice offence involving a vehicle, an administering authority reasonably incurs a cost in establishing ownership of the vehicle (a verification cost ). (2) The fine for the offence is increased by the amount of the verification cost. 15 Infringement notices (1) An infringement notice must be in the form approved by the administering authority. (2) The notice must state the following— (a) a unique number for the notice; (b) the date of the notice; (c) in relation to the alleged offender, unless the notice is served under section 14(3)— (i) the alleged offender’s full name, or surname and any initial, and address; or (ii) the particulars that are, under a regulation, identifying particulars for the alleged offender; (d) in relation to the offence, particulars that are enough to show clearly the nature of the offence, including the following— (i) if the offence is one prescribed under a regulation for this paragraph—the identifying particulars prescribed under the regulation for the offence; (ii) if the offence took place over a period and did not involve a vehicle—the period over which the offence was committed; (iii) the place the offence was committed and, subject to subparagraph (ii), the time and date of the offence; Page 22 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 16] (iv) if the offence involves a vehicle—the identifying particulars prescribed under a regulation for the vehicle; (v) if the offence involves an animal—the identifying particulars prescribed under a regulation for the animal; (e) the fine for the offence and how and where the fine may be paid; (f) the ways the alleged offender may respond to the notice under section 22; (g) that the notice may be withdrawn at any time before the fine is satisfied in full; (h) if the offence involves a vehicle, the general effect of section 17; (i) if the amount of the fine is increased under section 14A because the administering authority incurred a verification cost—the amount of the verification cost; (j) that if the alleged offender defaults— (i) the fine may be registered with SPER as an infringement notice default; and (ii) additional fees may be payable; and (iii) enforcement action may be taken to recover the amount of the fine. 16 Effect of this part on prosecution (1) The fact that an infringement notice has been, or could be, served on a person for an offence, does not affect the starting or continuation of a proceeding against the person or anyone else in a court for the offence. (2) This part does not— (a) require the serving of an infringement notice on a person for an offence, as opposed to proceeding against the person in another way; or Current as at [Not applicable] Page 23
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 17] (b) limit or otherwise affect the penalty that may be imposed by a court for an offence. Division 2 Liability for infringement notice offences involving vehicles 17 Liability for infringement notice offences involving vehicles (1) If— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the time of the offence; the owner is taken to have committed the offence even though the actual offender may have been someone else. (2) If the actual offender is someone else, subsection (1) does not affect the liability of the actual offender, but— (a) the owner and the actual offender can not both be punished for the offence; and (b) if a fine is paid or a penalty is imposed on one of them for the offence, a further penalty must not be imposed on or recovered from the other person for the offence. (3) However, the owner must not be taken under subsection (1) to have committed the offence if, within 28 days after the date of an infringement notice or service of a summons for the offence, the owner makes and gives to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence. (4) The declaration must be made by— (a) if the owner is an individual—the owner; or Page 24 Current as at [Not applicable]
State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 18] (b) if the owner is a corporation—an executive officer of the corporation or the responsible operator. Not authorised —indicative only 18 Effect of illegal user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority an illegal user declaration for the vehicle. (2) In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the vehicle was stolen or illegally taken at the relevant time. 19 Effect of known user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority a known user declaration for the vehicle. (2) This section and section 17 apply as if the person named in the declaration as the person in charge of the vehicle at the relevant time (the user ) were the owner of the vehicle at that time. (3) A proceeding for the offence may be started against the user only if a copy of the declaration has been served on the user. Current as at [Not applicable] Page 25
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 20] (4) In a proceeding for the offence against the user, the declaration is evidence that the user was in charge of the vehicle at the relevant time. (5) In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner was not in charge of the vehicle at the relevant time. 20 Effect of sold vehicle declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority a sold vehicle declaration for the vehicle. (2) This section and section 17 apply as if the person named in the declaration as the person to whom the vehicle was sold or otherwise disposed of (the buyer ) were the owner of the vehicle from the time of the sale or disposal. (3) A proceeding for the offence may be started against the buyer only if a copy of the declaration has been served on the buyer. (4) In a proceeding for the offence against the buyer, the declaration is evidence that the buyer was the owner of the vehicle at the relevant time. (5) In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner had sold or disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time. Page 26 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 21] 21 Effect of unknown user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the owner makes and gives to the administering authority an unknown user declaration for the vehicle. (2) In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise— (a) that— (i) if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or (ii) if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and (b) that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time— (i) were reasonable in the circumstances; and (ii) were carried out with appropriate diligence. Current as at [Not applicable] Page 27
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 22] Division 3 Obligations and options under infringement notices 22 Ways alleged offender may respond to an infringement notice (1) If an infringement notice is served on an alleged offender for an offence, the alleged offender must, within 28 days after the date of the infringement notice— (a) pay the fine in full to the administering authority; or (b) make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or (c) apply to the administering authority under section 23 for the immediate registration of the fine for the purpose of paying the fine under a payment plan with SPER; or (d) if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence; or (e) if the administering authority offers the alleged offender a payment plan administered by the authority—accept the payment plan. (2) An election to have the matter of the offence decided in a Magistrates Court must be made in the way acceptable to the administering authority. 23 Application for early referral of fine to SPER (1) This section applies if— (a) an infringement notice is served on a person for an offence; and (b) the fine for the offence is at least the amount prescribed by regulation. Page 28 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 25] (2) For the purpose of paying the fine under a payment plan with SPER, the person may apply to the administering authority for the immediate registration of the unpaid amount of the fine under section 34(1)(a). Note— See part 3A for payment plans with SPER. (3) The application— (a) may only be made within 28 days after the date of the infringement notice; and (b) may only be made in the approved form or another way acceptable to the administering authority; and (c) must be accompanied by an amount (the upfront payment ), of at least the amount prescribed by regulation, to be paid towards the amount of the fine. (4) However, the application need not be accompanied by the upfront payment if— (a) the administering authority accepts payment of an upfront payment by direct debit from an account held with a financial institution; and (b) the person authorises payment of the upfront payment by direct debit from an account held with a financial institution. (5) If the application complies with subsection (3), the administering authority must register the unpaid amount of the fine with SPER under section 34 as soon as practicable after receiving the application. (6) Nothing in this section prevents an administering authority from offering the alleged offender a payment plan that is administered by the authority. 25 Alleged offender who pays can not be prosecuted (1) This section applies if— Current as at [Not applicable] Page 29
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 26] (a) an infringement notice is served on an alleged offender for an offence; and (b) the alleged offender pays the fine for the offence as required by the infringement notice or the alleged offender begins to otherwise discharge the fine. (2) The alleged offender must not be prosecuted in a court for the offence. (3) Subsection (2) applies even though more than 1 infringement notice has been served on the alleged offender for the offence. 26 When alleged offender can not elect to have offence decided by court A person served with an infringement notice for an offence may not elect to have the matter decided by a Magistrates Court if— (a) the person pays the fine for the offence as required by the infringement notice; or (b) after applying for early referral of the fine for the offence to SPER under section 23, the person enters into a payment plan for the fine. 27 When infringement notice offence is to be decided by court (1) If, within 28 days after the date of an infringement notice, an alleged offender— (a) elects under section 22(1)(b) to have the matter of the offence decided by a Magistrates Court; or (b) takes no action under section 22; a proceeding for the offence may be started under the Justices Act 1886 . (2) Subsection (1)(b) does not prevent the administering authority registering an infringement notice default under section 34 Page 30 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 28] instead of starting a proceeding for the offence under the Justices Act 1886. Division 4 Withdrawal and re-issue of infringement notice 28 Administering authority may withdraw infringement notice (1) An administering authority may withdraw an infringement notice at any time before the fine is satisfied in full. (2) For the withdrawal to be effective, the administering authority must— (a) serve on the alleged offender a withdrawal notice in the approved form; and (b) repay to the alleged offender any amount paid to the administering authority for the offence; and (c) if an infringement notice default was registered under section 34(1)(a) because of the infringement notice, give SPER a copy of the withdrawal notice. (3) On complying with subsection (2)— (a) this Act, other than this part, stops applying to the infringement notice offence; and (b) a proceeding for the offence may be taken against any person (including the alleged offender) as if the notice had not been served on the alleged offender. (4) No compensation is payable to a person because of the administering authority’s refusal to withdraw an infringement notice. Current as at [Not applicable] Page 31
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 29] 29 Cancellation of registration on withdrawal of infringement notice (1) If an administering authority gives SPER a copy of a withdrawal notice under section 28(2)(c), the registrar must, as soon as practicable after receiving the notice— (a) cancel the registration of the relevant infringement notice default; and (b) cancel any enforcement order issued because of the registration of the relevant infringement notice default; and (c) refund any amount paid to SPER because of the registration of the infringement notice default. (2) If a person is subject to a work and development order for an enforcement order made because of the relevant infringement notice default— (a) the registrar must revoke the work and development order or, if the work and development order is for more than the amount of the enforcement order, vary the work and development order to the lesser amount; and (b) the person is not entitled to compensation for performing an activity under the work and development order, other than unpaid work; and (c) if the person performed unpaid work under the work and development order, the administering authority must compensate the person for the unpaid work. (3) For subsection (2)(c), the registrar may, having regard to the amounts prescribed for unpaid work under section 165(11)(c), decide the amount of the compensation. (4) If the registrar revokes or varies a work and development order under subsection (2)(a), the registrar must give the person written notice of the revocation or variation. Page 32 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 30] 30 Application to cancel infringement notice for mistake of fact (1) This section applies to an infringement notice if an administering authority has registered an infringement notice default under section 34 in relation to the notice. (2) If the registrar is satisfied— (a) a person has been incorrectly named in the infringement notice as the alleged offender for the relevant infringement notice offence because of a mistake of fact or the misuse of the name and other particulars of the person named in the infringement notice; and (b) the administering authority has refused to withdraw the relevant infringement notice; the registrar may apply to a Magistrates Court for an order cancelling the infringement notice. (3) The court may cancel or refuse to cancel the infringement notice. (4) The court may decide an application under subsection (2) on written materials in the absence of a party if the court considers it appropriate. 31 Effect of cancellation of infringement notice (1) This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30. (2) If, because of the infringement notice, demerit points have been allocated against the alleged offender for an infringement notice offence under the Nature Conservation Act 1992 or another law, prescribed under a regulation, that provides for the allocation of demerit points— (a) the demerit points for the offence are cancelled; and (b) the relevant administering authority must make a note on any record it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been cancelled. Current as at [Not applicable] Page 33
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3 Infringement notices [s 32] (3) Without limiting subsection (2), if, because of the infringement notice, demerit points have been allocated against the alleged offender’s traffic history for an infringement notice offence under the Transport Operations (Road Use Management) Act 1995 or the Heavy Vehicle National Law (Queensland)— (a) the demerit points for the offence are cancelled; and (b) the chief executive of the department within which the Transport Operations (Road Use Management) Act 1995 is administered must remove the record of the allocation of the demerit points from the alleged offender’s traffic history. (4) Further, if, because of the infringement notice, a licence, permit or other authority has been suspended or cancelled, the suspension or cancellation stops having effect, unless the person’s licence, permit or authority would still be suspended, cancelled or no longer in force for another reason. 32 Proceedings after cancellation of infringement notice (1) This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30. (2) If the infringement notice is withdrawn or cancelled and the name of the actual offender is known, nothing in this or any other Act prevents the administering authority issuing an infringement notice against the actual offender or starting a proceeding in a court for the offence against the actual offender. (3) However, the period of limitation within which a proceeding for the offence may be started against the actual offender starts on the day the infringement notice is withdrawn or cancelled. (4) Subsection (3) provides some other time limit for making complaint for the purposes of the Justices Act 1886 , section 52. Page 34 Current as at [Not applicable]
Part 3A State Penalties Enforcement Act 1999 Part 3A Payment plans [s 32A] Payment plans Not authorised —indicative only 32A Application to registrar for payment plan (1) This section applies if— (a) a person is served with— (i) an early referral notice; or (ii) a court debt payment notice; or (iii) an enforcement order; or (b) a person is invited by the registrar to apply for a payment plan. (2) The person may, within the time limit, apply to the registrar to pay a proposed amount under a payment plan. (3) The application may only be made in the approved form or another way acceptable to the registrar. Examples of other ways an application may be made that may be acceptable to the registrar— by telephone or by use of the internet (4) In this section— time limit means— (a) for an early referral notice—28 days after the date of the notice; or (b) for a court debt payment notice—the period stated in the notice; or (c) for an enforcement order—28 days after the date of the order; or (d) for an invitation—the period stated in the invitation. 32B Offering payment plan (1) This section applies if a person applies to the registrar to pay an amount under a payment plan under section 32A. Current as at [Not applicable] Page 35
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3A Payment plans [s 32B] (2) The registrar must decide to— (a) offer the person a payment plan; or (b) if the person is already subject to a payment plan when making the decision—offer a variation of the previous plan; or (c) refuse to offer the person a payment plan. (3) Without limiting the reasons why the registrar may refuse to offer the person a payment plan, the registrar may refuse because— (a) the person has previously failed to pay an amount to SPER; or (b) the person failed to comply with another payment plan entered into by the person; or (c) the registrar has previously taken enforcement action against the person; or (d) the person failed to comply with a work and development order the person was subject to; or (e) the person has not satisfied the registrar that the person can not pay the amount in full or pay the amount of the required instalments. (4) The registrar may— (a) decide to only offer the person a payment plan that is for all or part of the person’s SPER debt, regardless of the amount the person proposed in the application to pay under a payment plan; or (b) offer the person a payment plan on the conditions the registrar is satisfied are required to ensure the person’s compliance with the plan or cooperation with SPER. (5) The registrar may communicate the offer of a payment plan to the person in the way decided by the registrar. (6) If the registrar decides to refuse to offer the person a payment plan, the registrar must notify the person of the decision. Page 36 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3A Payment plans [s 32C] 32C Acceptance of payment plan If a person accepts a payment plan offered by the registrar under section 32B— (a) the registrar must give the person written notice of the plan including information about any conditions of the plan and the consequences for failing to comply with the plan; and (b) SPER is responsible for collecting, and may collect, the amount remaining to be paid under the plan. 32D Amending payment plan (1) The registrar may, with the agreement of the person subject to a payment plan, amend the plan or the conditions of the plan. (2) As soon as practicable after amending the payment plan, the registrar must give the person written notice of the amended payment plan, including information about any conditions of the plan and the consequences for failing to comply with the plan or its conditions. 32E Cancelling payment plan (1) The registrar may immediately cancel a payment plan without prior notice being given to the person subject to the plan if— (a) the person fails to pay an instalment as required under the plan; or (b) the person fails to comply with a condition of the plan. (2) Also, the registrar may immediately cancel a payment plan without prior notice being given to the person subject to the plan if— (a) the enforceable amount of the person’s SPER debt increases; and (b) the person does not discharge the increase by 1 or a combination of the following ways within 14 days after the day the person’s SPER debt increases— Current as at [Not applicable] Page 37
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32F] (i) paying an amount to SPER; (ii) entering into a work and development order for an amount; and (c) if the registrar proposes to amend the plan under section 32D—the person does not agree to the amendment. (3) However, the registrar must not cancel the payment plan if— (a) the registrar is satisfied the plan can be amended to cover the increase by 1 or both of the following— (i) increasing the amount of the instalments to be made under the plan; (ii) extending the duration of the plan; and (b) the person agrees to the amendment. (4) As soon as practicable after cancelling a payment plan under this section, the registrar must give the person subject to the plan written notice of the cancellation. Part 3B Work and development orders 32F Definitions for part In this part— approved sponsor , for a work and development order, means a person or entity approved by the registrar for that type of work and development order. eligibility assessment see section 32K(1). WDO eligible amount , of a person’s SPER debt— (a) means any amount that is— (i) if an enforcement order has been served on the person and the person has not taken any action under section 41(1), the amount stated in the order; or Page 38 Current as at [Not applicable]
State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32G] (ii) the enforceable amount of the person’s SPER debt; but (b) does not include an amount that a court has ordered the person pay to a specified person or entity. work and development order see section 32G(1). Not authorised —indicative only 32G Work and development orders (1) A work and development order is an order requiring a person to undertake any of the following to satisfy all or part of the WDO eligible amount of the person’s SPER debt— (a) unpaid work for, or on behalf of, an approved sponsor; (b) medical or mental health treatment under an approved sponsor’s treatment plan provided by a health practitioner; (c) an educational, vocational or life skills course as decided by an approved sponsor; (d) financial or other counselling as decided by an approved sponsor; (e) drug or alcohol treatment as decided by an approved sponsor; (f) if the person is under 25 years of age—a mentoring program as decided by an approved sponsor; (g) if the person is an Aborigine or a Torres Strait Islander and lives in a remote area—a culturally appropriate program as decided by an approved sponsor. (2) A work and development order must be in the approved form and state— (a) the amount of a person’s SPER debt that is to be satisfied by complying with the order; and (b) the activities that must be undertaken to comply with the order. (3) In this section— Current as at [Not applicable] Page 39
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32H] health practitioner means— (a) a medical practitioner; or (b) a psychologist within the meaning of the Health Practitioner Regulation National Law; or (c) a registered health practitioner endorsed by the Nursing and Midwifery Board of Australia as a nurse practitioner under the Health Practitioner Regulation National Law. registered health practitioner see the Health Practitioner Regulation National Law, section 5. remote area means an area of the State prescribed by regulation. 32H Eligibility for work and development order An individual is eligible for a work and development order if the individual is an enforcement debtor and is unable to pay the WDO eligible amount of the individual’s SPER debt because the individual— (a) is experiencing financial hardship; or (b) has a mental illness within the meaning prescribed by regulation; or (c) has a cognitive or intellectual disability; or (d) is homeless; or (e) has a substance use disorder as prescribed by regulation; or (f) is experiencing domestic and family violence. 32I No work and development order for amount payable to specified person or entity A work and development order can not be applied to satisfy that part of a person’s SPER debt that a court has ordered the person pay to a specified person or entity. Page 40 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32J] Examples of court orders for the payment of part of a person’s SPER debt to a specified person or entity— an order for restitution or compensation under the Penalties and Sentences Act 1992, section 35(1) an order for damages under the Penalties and Sentences Act 1992, section 190 an order to pay costs to a complainant under the Justices Act 1886, section 157 an order to pay a fixed portion of a penalty to an individual 32J Application for work and development order (1) An approved sponsor may, with the agreement of an individual (the subject applicant ), apply on behalf of the individual to the registrar for a work and development order to satisfy all or part of the WDO eligible amount of the individual’s SPER debt if the individual is eligible for the order under section 32H. (2) The application must— (a) state the grounds on which the subject applicant is eligible for the order; and (b) state the activities that are proposed to be carried out by the subject applicant under a work and development order and the time by which the activities are proposed to be completed. (3) An application for a work and development order to satisfy an amount mentioned in section 32I is of no effect. 32K Eligibility assessment by approved sponsor (1) Before making an application for a work and development order under section 32J, the approved sponsor must undertake an assessment (an eligibility assessment ) of the applicant’s eligibility for a work and development order under section 32H. Current as at [Not applicable] Page 41
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32L] (2) The registrar may require the sponsor to give the registrar evidence to support the eligibility assessment within a stated period of not less than 28 days. (3) If the approved sponsor fails to comply with the requirement within the stated period, the application is taken to have been withdrawn. 32L Decision on application (1) After receiving an application for a work and development order under section 32J, the registrar must— (a) make the order as applied for; or (b) refuse to make the order. (2) The registrar must refuse to make the work and development order if making the order would result in more than the maximum number, as prescribed by regulation, of work and development orders applying to the person proposed to be subject to the order. (3) If the registrar makes the work and development order as applied for— (a) the registrar must give a copy of the order to the person to be subject to the order; and (b) the order takes effect when the order is made or on the later date stated in the order. (4) If the registrar refuses to make the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157. 32M Unpaid work must be performed cumulatively All unpaid work required to be undertaken by a person under a work and development order is to be undertaken cumulatively with any community service the person must perform under another Act. Page 42 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32N] 32N Effect of this part on enforcement action (1) This section applies if a work and development order is made for an individual in relation to an amount. (2) No enforcement action may be taken against the individual in relation to the amount while the individual is complying with the order. (3) To remove any doubt, it is declared that nothing in subsection (2) prevents enforcement action being taken against the individual in relation to an amount that is not subject to the order. 32O Variation of work and development order (1) An approved sponsor for a work and development order may, with the agreement of the individual subject to the order, apply to SPER on behalf of the individual for an increase in the order amount because an additional WDO eligible amount of the individual’s SPER debt is proposed to become subject to the order. (2) The individual subject to a work and development order may apply to SPER for a decrease in the order amount because the individual proposes to pay an amount to SPER or enter into a payment plan for an amount. (3) After considering an application made under subsection (1) or (2), the registrar must— (a) vary the work and development order; or (b) refuse to vary the work and development order. (4) If the registrar varies the work and development order, the registrar must— (a) give the individual subject to the order a copy of the varied order in the approved form; and (b) notify the approved sponsor that the order has been varied. Current as at [Not applicable] Page 43
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32P] (5) If the registrar refuses to vary the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157. (6) The registrar may, with the agreement of the individual subject to a work and development order, vary the order by giving the individual a copy of the varied order in the approved form. (7) In this section— order amount , in relation to a work and development order, means the amount of an individual’s SPER debt that would be satisfied under the order if the order were fully complied with. 32P Withdrawal of work and development order (1) The approved sponsor for a work and development order may apply to the registrar to withdraw the order because the approved sponsor is unable to continue as the approved sponsor. (2) The individual subject to a work and development order may apply to the registrar to withdraw the order because the individual believes the approved sponsor will be unable to continue as the approved sponsor. (3) After considering an application made under subsection (1) or (2), the registrar must— (a) withdraw the work and development order; or (b) refuse to withdraw the work and development order. (4) The registrar must give written notice of the decision to— (a) the applicant; and (b) if the applicant is not the individual subject to the work and development order—the individual. (5) If the registrar refuses to withdraw the work and development order, the notice given to an applicant under subsection (4) must comply with the QCAT Act, section 157. Page 44 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32Q] (6) To remove any doubt, it is declared that any amount not taken to be satisfied under the work and development order when it is withdrawn continues to be payable to SPER. (7) Subsection (8) applies if— (a) a person is subject to a work and development order; and (b) before the work and development order is due to end, the registrar becomes aware that the amount remaining to be satisfied under the order is nil. (8) As soon as practicable after becoming aware of the matter, the registrar must withdraw the work and development order and give the person notice of the withdrawal. 32Q Revocation of work and development order (1) The registrar may revoke a work and development order if— (a) the registrar is satisfied that the individual subject to the order has failed, without reasonable excuse, to comply with the order; or (b) the registrar believes that— (i) information provided in, or in connection with, the application for the order is false or misleading in a material particular; or (ii) information provided in, or in connection with, an eligibility assessment provided by an approved sponsor is false or misleading in a material particular; or (iii) the individual subject to the order no longer meets the eligibility criteria stated in the person’s application for the order; or (iv) the approved sponsor supervising compliance with the order is unable to satisfactorily continue the supervision or is in breach of any obligation under this part; or Current as at [Not applicable] Page 45
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 3B Work and development orders [s 32R] (v) the person or entity supervising compliance with the order is no longer an approved sponsor. (2) Before revoking the work and development order the registrar must, by written notice given to the person subject to the order, advise the person that— (a) the registrar proposes to revoke the order and the reason for revoking the order; and (b) the person may object to the registrar revoking the order by giving the registrar, within a stated period of at least 28 days, written reasons as to why the order should not be revoked. (3) After considering all objections, if any, made under subsection (2)(b), the registrar must decide to— (a) take no further action in relation to the order; or (b) vary the order; or (c) revoke the order. (4) After making a decision under subsection (3) the registrar must give the person written notice of the decision. (5) Also, if the decision is to vary or revoke the order, the notice of the decision must comply with the QCAT Act, section 157. 32R Satisfaction of SPER debt (1) This section applies to a person subject to a work and development order. (2) If the person complies with the order, the amount stated in the order is taken to be satisfied. (3) If the person pays the amount stated in the order, the order is taken to have been complied with. (4) If a person complies with some, but not all, of the requirements of the order, the amount stated in the order is only satisfied to the extent of the value of the activities that have been undertaken at the rate or rates set out in the order. Page 46 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 32S] 32S External 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 refuse to make a work and development order under section 32L; (b) a decision to refuse to vary a work and development order under section 32O; (ba) a decision to refuse to withdraw a work and development order under section 32P; (c) a decision to vary or revoke a work and development order under section 32Q. (2) The person may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Part 4 Enforcement orders Division 1 Preliminary 33 What is an infringement notice default An infringement notice default occurs if a person is served with an infringement notice and— (a) the person does not respond to the notice as provided under section 22; or (b) after accepting a payment plan offered by the administering authority, the person fails to pay an instalment under the plan. Note— Section 22 provides for the ways a person served with an infringement notice must respond to the notice within 28 days after the date of the notice. Current as at [Not applicable] Page 47
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 33A] 33A What is an unpaid court debt (1) A person’s unpaid court debt is any part of the person’s court debt that remains unpaid. (2) A person’s court debt is an amount that the person is required to pay under any of the following— (a) an order fining the person for an offence; (b) an order under the Penalties and Sentences Act 1992, section 33B(1) that an amount be paid on the forfeiture of a recognisance; (c) an order that the person pay to someone else an amount by way of restitution or compensation under the Penalties and Sentences Act 1992, section 35(1); (d) an order that the person pay a penalty mentioned in the Penalties and Sentences Act 1992, section 182A or 185; (e) an order under the Bail Act 1980, section 32(1) or 32A(1) that an amount be paid on the forfeiture of an undertaking; (f) an order under the Justices Act 1886, section 161A(3); (g) an order made before 27 November 2000 that the person pay an amount under the Crown Proceedings Act 1980, section 13 or 14; (h) an order mentioned in the Industrial Relations Act 2016, section 380(1) or 406(1); (i) another fine or order prescribed by regulation. Note— See also the Penalties and Sentences Act 1992, section 179F and the Police Powers and Responsibilities Act 2000, sections 115 and 781. Editor’s note— Subsection (2), note includes an amendment to an uncommenced amendment in 2017 Act No. 13 s 26—see the Revenue and Other Legislation Amendment Bill 2018 s 77. (3) However, a court debt does not occur under subsection (2)(d) or (f) if, at the time the court makes the order, the court can Page 48 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 34] not order that payment of the unpaid amount can be satisfied by imprisoning the person for a period. (4) A court debt also occurs if, on being sentenced for an offence, an offender becomes liable to pay the State the offender levy. Division 1A Registering unpaid amounts with SPER for collection 34 Registering unpaid amounts with SPER (1) An administering authority— (a) may register with SPER an infringement notice default; and (b) must register with SPER the unpaid amount of a fine the subject of an application complying with section 23(3) (an early referral ). (2) However, the administering authority must not register a matter under subsection (1) if the period within which the authority may start a prosecution for the offence, to which the default relates, has expired. (3) A court may register with SPER an unpaid court debt. (4) A matter registered under subsections (1) or (3) must be registered together with the particulars prescribed by regulation. 35 Lodgement fee for particular administering authorities (1) This section applies to an administering authority if the authority is entitled under an Act to retain the amount of any fine paid to it. (2) The administering authority must pay SPER the fee prescribed by regulation each time the authority registers a matter under section 34(1). Current as at [Not applicable] Page 49
State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 36] (3) The registrar may refund the fee under the circumstances prescribed by regulation. Not authorised —indicative only 36 Effect of registration on collection and prosecution (1) This section applies if any of the following matters are registered with SPER— (a) an infringement notice default; (b) an early referral; (c) an unpaid court debt. (2) SPER is responsible for collecting any unpaid amount relating to the matter. (3) A proceeding against a person for an offence the subject of the infringement notice default or early referral may be started in a court only if authorised under this part. 37 Amending matter registered with SPER An administering authority or court may request SPER amend the particulars registered for an infringement notice default, early referral or unpaid court debt if an amendment is necessary because of error, the dishonour of a cheque, or for another reason. Division 1B Early referral notices 37A Serving early referral notice (1) This section applies if an administering authority registers an early referral with SPER. (2) The registrar must serve a written notice (an early referral notice ) on the person in the approved form informing the person that the unpaid amount of a fine for the person has been registered with SPER and how the person must respond to the notice under section 37B. Page 50 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 37B] 37B Ways person may respond to early referral notice A person served with an early referral notice must, within 28 days after the date of the notice, either— (a) pay the amount stated in the notice to SPER in full; or (b) apply, under part 3A, to the registrar to pay the amount stated in the notice under a payment plan. 37C Cancelling early referral notice The registrar may cancel an early referral notice if satisfied a person has been incorrectly named in the notice because of a mistake of fact or the misuse of the name and other particulars of the person named in the notice. Division 1C Court debt payment notices 37D Serving court debt payment notice (1) This section applies if a court registers with SPER an unpaid court debt for a person. (2) The registrar must serve a written notice (a court debt payment notice ) on the person in the approved form informing the person that an unpaid court debt for the person has been registered with SPER and how the person must respond to the notice under section 37E. 37E Ways person may respond to court debt payment notice (1) A person served with a court debt payment notice must, within the period stated in the notice, either— (a) pay the amount stated in the notice to SPER in full; or (b) apply, under part 3A, to the registrar to pay the amount stated in the notice under a payment plan. (2) The period stated in the court debt payment notice must be— Current as at [Not applicable] Page 51
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 37F] (a) if the court ordered a period within which the debt must be paid—the period ordered by the court; or (b) otherwise—the period ending 28 days after the date of the notice. Editor’s note— Paragraph (b) includes an amendment to an uncommenced amendment in 2017 Act No. 13 s 26—see the Revenue and Other Legislation Amendment Bill 2018 s 77. 37F Cancelling court debt payment notice The registrar may cancel a court debt payment notice if satisfied a person has been incorrectly named in the notice because of a mistake of fact or the misuse of the name and other particulars of the person named in the notice. 37G Effect of appeal on court debt payment notice (1) This section applies to a court debt payment notice for— (a) a penalty imposed by a court for an offence; or (b) an offender levy a person became liable to pay the State on being sentenced for an offence. (2) The court debt payment notice is suspended if, after a person is served with the notice, the person appeals against— (a) for a penalty—the conviction or sentence for the offence; or (b) for an offender levy—the conviction for the offence. (3) If the appeal is upheld, the registrar must refund to the person any amount paid to SPER in response to the court debt payment notice. (4) If the appeal is dismissed, the suspension of the court debt payment notice ends. Page 52 Current as at [Not applicable]
Division 2 State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 38] Enforcement orders Not authorised —indicative only 38 Issue of enforcement order (1) This section applies if— (a) an infringement notice default for a person is registered with SPER; or (b) the registrar serves an early referral notice on a person and the person does not do either of the following within 28 days after the date of the notice— (i) pay SPER the amount stated in the notice; (ii) enter into a payment plan for the amount stated in the notice; or (c) the registrar serves a court debt payment notice on a person and the person does not do either of the following within the period stated in the notice— (i) pay SPER the amount stated in the notice; (ii) enter into a payment plan for the amount stated in the notice; or (d) the scheme manager registers a debt under the Victims of Crime Assistance Act 2009, section 120. Editor’s note— Paragraph (d) is an amendment to an uncommenced amendment in 2017 Act No. 13 s 26—see the Revenue and Other Legislation Amendment Bill 2018 s 78. (2) The registrar must, in writing, order the person ( enforcement debtor ) to pay the amount stated in the order ( enforcement order ) to SPER within 28 days after the date of the order. (3) The amount stated in the enforcement order must be the total of— (a) the unpaid amount of— (i) the infringement notice default; or (ii) the early referral; or Current as at [Not applicable] Page 53
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 39] (iii) the amount stated in the court debt payment notice; and (b) the amount of the enforcement fee the person must pay under section 39. (4) The enforcement order may be made in the absence of, and without notice to, the enforcement debtor. (5) The enforcement order must be made in the approved form. (6) To remove any doubt, it is declared that a single enforcement order may relate to 1 or more infringement notice defaults. 39 Enforcement fee imposed for enforcement order (1) This section applies if the registrar must make an enforcement order for an enforcement debtor under section 38(2). (2) The enforcement debtor must also pay SPER the enforcement fee prescribed by regulation for making the enforcement order. (3) The amount of the enforcement fee is added to the enforcement debtor’s SPER debt. 40 Service of enforcement order The registrar may serve an enforcement order on a person by— (a) serving the order on the person personally; or (b) sending the order by ordinary post to the address for the person known to SPER; or (c) sending the order by electronic communication under section 158. Page 54 Current as at [Not applicable]
Division 3 State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 41] Obligations and options under enforcement order Not authorised —indicative only 41 Ways enforcement debtor may respond to enforcement order (1) If an enforcement order is served on an enforcement debtor for an amount, the enforcement debtor must, within 28 days after the date of the enforcement order— (a) pay the amount stated in the order in full to SPER; or (b) apply to SPER to pay the amount under a payment plan; or Note— See part 3A for payment plans with SPER. (c) if the order relates to an infringement notice offence— make to SPER an election to have the matter of the offence decided in a Magistrates Court. (2) Also, an approved sponsor may, with the agreement of the debtor, apply on behalf of the debtor under part 3B for— (a) a work and development order to satisfy the amount stated in the order; or (b) if the debtor is subject to a work and development order—a variation of the order. 51 When infringement notice offence is to be decided by court If, within 28 days after the date of an enforcement order made against an enforcement debtor for an infringement notice offence for which the fine is unpaid, the enforcement debtor— (a) elects under section 41(c) to have the matter of the offence decided in a Magistrates Court; or (b) takes no action under section 41; a proceeding for the offence may be started under the Justices Act 1886 . Current as at [Not applicable] Page 55
State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 51A] Not authorised —indicative only 51A Court election or proceeding for offence cancels enforcement order (1) This section applies to an enforcement order that relates to an infringement notice offence. (2) The enforcement order is cancelled if— (a) the enforcement debtor responds to the order by electing (a court election ) under section 41 to have the matter of the infringement notice offence decided in a Magistrates Court; or (b) a proceeding for the infringement notice offence is started under the Justices Act 1886. (3) The registrar must notify the administering authority of the effect of subsection (2) as soon as practicable after the enforcement debtor makes the court election. (4) The registrar must notify the enforcement debtor of the effect of subsection (2) as soon as practicable after either of the following happens— (a) the debtor makes the court election; (b) the registrar becomes aware a proceeding for the infringement notice offence has been started under the Justices Act 1886, other than because the debtor made the court election. (5) If an enforcement order is cancelled under subsection (2)— (a) the order is cancelled on the day the enforcement debtor makes the court election or the proceedings are started; and (b) any enforcement action already taken in relation to the order must, if practicable, be reversed; and (c) fees and costs, imposed under this Act, are not payable for the issue of the order or any enforcement action taken in relation to the order; and (d) any amount that has been paid under the order is repayable to the person by whom it was paid; and Page 56 Current as at [Not applicable]
State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 52] (e) the registrar must record in the State penalties enforcement register that the order is cancelled; and (f) section 31 applies as if the infringement notice to which the enforcement order relates was cancelled under section 30. Not authorised —indicative only Division 4 Default after enforcement order 52 Default after time to pay (1) This section applies if an enforcement debtor fails to pay an amount stated in an enforcement order within 28 days after the date of the order. (2) The registrar may issue an enforcement warrant, a fine collection notice or an arrest and imprisonment warrant for the enforcement debtor for the balance of the unpaid amount stated in the enforcement order. (3) If the registrar decides to issue an arrest and imprisonment warrant, the warrant must be for the arrest and imprisonment of the enforcement debtor for the period stated in the warrant worked out for the unpaid amount under section 52A. 52A Working out period of imprisonment for arrest and imprisonment warrant (1) The period of imprisonment that may be stated in an arrest and imprisonment warrant for an amount ordered to be paid by a court must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the relevant cut-out rate for a court order rounded down to the nearest whole number and expressed as a number of days. (2) The period of imprisonment that may be stated in an arrest and imprisonment warrant for an infringement notice offence must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the cut-out rate for an infringement notice Current as at [Not applicable] Page 57
State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 54] offence, rounded down to the nearest whole number and expressed as a number of days. (3) However, the maximum period that may be stated in an arrest and imprisonment warrant for an amount a surety must pay under the Bail Act 1980 or the Penalties and Sentences Act 1992 must not be more than 2 years. Not authorised —indicative only Division 5 Effect of appeal, rehearing or reopening of proceedings on enforcement order 54 Effect of appeal on enforcement order (1) This section applies if, after an enforcement order is made for a penalty imposed by a court for an offence, the enforcement debtor appeals against the conviction or sentence for the offence. (2) The appeal suspends the enforcement order. (3) If the appeal is upheld, the registrar must refund to the enforcement debtor any amount paid to SPER for the offence. (4) If the appeal is dismissed, the suspension of the enforcement order is lifted and the registrar may continue to enforce the order. (5) As soon as the registrar becomes aware of the appeal mentioned in subsection (1), the registrar must ensure that any steps taken under this Act to enforce the enforcement order are discontinued immediately and no further action is taken until the appeal is decided. 54A Effect of appeal on enforcement order for offender levy (1) This section applies if after an enforcement order is made for an offender levy, the enforcement debtor appeals against all of the convictions that resulted in the imposition of the offender levy. Page 58 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 54B] (2) The appeals suspend the enforcement order made for the offender levy. (3) If all convictions are quashed, the registrar must refund to the enforcement debtor any amount paid to SPER for the levy. (4) Otherwise, the suspension of the enforcement order is lifted and the registrar may continue to enforce the order. (5) As soon as the registrar becomes aware of the circumstances mentioned in subsection (1), the registrar must ensure that any steps taken under this Act to enforce the enforcement order are discontinued immediately and no further action is taken until all of the appeals are decided. 54B Effect of rehearing or reopening proceedings on enforcement order (1) This section applies if, after an enforcement order is made for a penalty imposed by a court for an offence— (a) the enforcement debtor is granted a rehearing of the complaint for the offence in a Magistrates Court under the Justices Act 1886, section 142; or (b) a proceeding against the enforcement debtor for the offence is reopened under the Justices Act 1886, section 147A. (2) The enforcement order is cancelled on the day the enforcement debtor is granted the rehearing or the proceeding is reopened and— (a) any enforcement action already taken in relation to the order must, if practicable, be reversed; and (b) fees and costs, imposed under this Act, are not payable for the issue of the order or any enforcement action taken in relation to the order; and (c) any amount that has been paid under the order is repayable to the person by whom it was paid; and (d) the registrar must record in the State penalties enforcement register that the order is cancelled. Current as at [Not applicable] Page 59
State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 55] (3) The registrar must notify the enforcement debtor of the effect of subsection (2) as soon as practicable after the registrar becomes aware that the rehearing has been granted or the proceeding has been reopened. Not authorised —indicative only Division 6 Cancellation of enforcement orders relating to infringement notice defaults 55 Definitions for division In this division— decision maker , for an application, see section 56(4). relevant offence , for an enforcement order, means the infringement notice offence relevant to the order. 56 Application for cancellation of all or part of enforcement order (1) The enforcement debtor for an enforcement order relating to an infringement notice default may apply for the cancellation of all or part of the order for any of the following reasons— (a) the debtor did not receive the enforcement order or the infringement notice to which the order relates; (b) the debtor received the enforcement order, or infringement notice to which the order relates, after the time allowed for responding to the order or notice; Notes— 1 Under section 22 an alleged offender must respond to an infringement notice within 28 days after the date of the notice. 2 Under section 41 an enforcement debtor must respond to an enforcement order within 28 days after the date of the order. (c) the debtor was prevented by accident, illness or a similar reason from responding to the enforcement order or the infringement notice to which the order relates; Page 60 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 56A] (d) the infringement notice to which the order relates should not have been registered with SPER as an infringement notice default because the person elected under section 22 to have the matter of the offence relevant to the notice decided in a Magistrates Court. (2) The application must be made— (a) to— (i) if the reason for making the application relates to an infringement notice—the administering authority for the infringement notice; or (ii) otherwise—the registrar; and (b) in the approved form or another way acceptable to the administering authority or registrar; and (c) within the earlier of the following— (i) 14 days after the debtor becomes aware of the existence of the enforcement order; (ii) 6 months after the issue of the enforcement order. (3) However, an administering authority or the registrar may accept a late application if satisfied the enforcement debtor has reasonable grounds for the delay. (4) The entity that receives an application under subsection (1) is the decision maker for the application. (5) The enforcement debtor must not, without the approval of the decision maker, make more than 1 application in relation to the same enforcement order. (6) A single application may be made for the cancellation of 2 or more enforcement orders made against the enforcement debtor. 56A Request for further information (1) The decision maker may require the applicant to give the decision maker, within a stated reasonable time, any Current as at [Not applicable] Page 61
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 56B] prescribed information to help the decision maker decide the application. (2) The application is taken to be withdrawn if the applicant does not comply with the requirement. (3) In this section— prescribed information means information prescribed by regulation. 56B Stay of enforcement action (1) The decision maker may stay enforcement action, taken under the enforcement order to which the application relates, on the conditions the decision maker considers appropriate. (2) If, as decision maker, an administering authority acts under subsection (1), the authority must notify SPER as soon as practicable after granting the stay. 57 Decision on application (1) After considering the application, and any information received under section 56A, the decision maker must cancel the enforcement order or refuse to cancel the order. (2) However, the decision maker may cancel the enforcement order only if satisfied a reason for cancellation under section 56(1) applies. (3) Also, subsection (4) applies if— (a) the reason for the application is that the person did not receive an infringement notice or enforcement order; and (b) the decision maker is satisfied the person did not receive the notice or order because the person failed to comply with a requirement under a law to inform a government body of a change of address. Page 62 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 57A] Example of a requirement to inform a government body of a change of address— the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, section 133 (4) The decision maker may suspend the application until the person satisfies the decision maker that the person has corrected the failure mentioned in subsection (3)(b). (5) After making a decision under subsection (1), the decision maker must give the applicant notice of the decision in the approved form. 57A Information sharing about cancellations (1) If, as decision maker, an administering authority cancels an enforcement order under section 57(1), the authority must notify SPER of the cancellation as soon as practicable after cancelling the order. (2) If, as decision maker, the registrar cancels an enforcement order under section 57(1), the registrar must notify the affected administering authority of the decision as soon as practicable after making the decision. (3) In this section— affected administering authority , for an enforcement order, means the administering authority for the infringement notice offence to which the order relates. 58 Appeal against refusal to cancel enforcement order (1) This section applies if a decision maker refuses to cancel an enforcement order under section 57(1). (2) The enforcement debtor may, within 14 days after the date of the refusal, apply in writing to a Magistrates Court in the Magistrates Court district in which the relevant offence is alleged to have been committed to have the original application decided by the court. (3) The application must be filed with the relevant court registrar. Current as at [Not applicable] Page 63
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 59] (4) The court registrar must, as soon as practicable, refer the matter to the court and notify the applicant and the decision maker of when and where the application is to be decided. (5) On an application the court may stay enforcement action, taken under the enforcement order to which the application relates, on the conditions the court considers appropriate. (6) The court may make any decision about the application that the decision maker could have made. (7) The court may decide the application in the absence of the applicant if the court is satisfied the applicant is avoiding service of the notice or can not, after reasonable search and inquiry, be found. (8) Also, the court may decide the application if satisfied that no party to the application will be prejudiced by the non-service of, or any error or omission in, the notice of the decision under section 57(5). 59 Effect of cancellation of enforcement order If an enforcement order is cancelled under section 57 or 58— (a) the order stops having effect on the day the order is cancelled; and (b) any enforcement action already taken in relation to the order must, if practicable, be reversed; and (c) fees and costs, imposed under this Act, are not payable for the issue of the order or any enforcement action taken in relation to the order; and (d) any amount that has been paid under the order is repayable to the person by whom it was paid; and (e) the registrar must record in the State penalties enforcement register that the order was cancelled. Page 64 Current as at [Not applicable]
Not authorised —indicative only State Penalties Enforcement Act 1999 Part 4 Enforcement orders [s 60] 60 Proceedings after the cancellation of enforcement order (1) This section applies if an enforcement order is cancelled under section 57 or 58 and the reason for cancelling the order is— (a) the debtor did not receive the relevant infringement notice; or (b) the debtor received the relevant infringement notice after the time allowed for responding to the notice; or (c) the debtor was prevented by accident or illness or for another similar reason from taking action in relation to the relevant infringement notice. Note— If the enforcement order is cancelled for a reason relating to the receipt of, or response to, the order, part 4 continues to apply to the matter for which the order was issued and another enforcement order may be issued. (2) If the administering authority withdraws the relevant infringement notice, the authority may— (a) start a proceeding against the applicant for the relevant offence; or (b) issue a fresh infringement notice for the relevant offence. (3) For starting a proceeding against the applicant for the relevant offence, the limitation period for making a complaint under the Justices Act 1886, section 52 is extended until 1 year after the day the order is cancelled. (4) With the agreement of the applicant, the administering authority may—