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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 129
Fines and
Penalties (Recovery) Amendment Bill 2015
Mr
Elferink
A Bill for an Act to amend the Fines and Penalties (Recovery) Act, and for related purposes
NORTHERN TERRITORY OF AUSTRALIA
FINES AND PENALTIES (RECOVERY) AMENDMENT ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
6A Application
of Criminal Code
Division
7A Immobilisation of
motor vehicle
66A When enforcement action may be taken under this Division
66B Immobilisation officer
66C Immobilisation of motor vehicle
66D When motor vehicle may not be immobilised
66E Access to motor vehicle during immobilisation period
66F Removal of immobilisation before end of immobilisation period
66G Powers of immobilisation officer
66H Moving of immobilised vehicle
66J Interference with immobilisation
66K Protection from liability
Division 7B Publication of name of fine defaulter
66L When enforcement action taken under this Division
66M Publication of name of fine defaulter
66N Removal
of fine defaulter's
details
78A Bailiff's
costs
payable
109A Misleading
information or document
Division
3 Transitional matters
for Fines and Penalties (Recovery) Amendment Act 2015
124 Definitions
125 Offence provisions – before and after commencement
126 Amendment of Part 5
11A Amounts
for sections 66A and 66L of the Act
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Fines and Penalties (Recovery) Act, and for related purposes
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Fines and Penalties (Recovery) Amendment Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Fines and Penalties (Recovery)
Act
3 Act
amended
This Part amends the Fines and Penalties (Recovery) Act.
Section 5
insert (in alphabetical order)
authorised person means one of the following:
(a) a bailiff;
(b) the Director;
(c) a Deputy Director appointed under section 29(2).
immobilisation officer means one of the following:
(a) an authorised person;
(b) a person authorised by the Director under section 66B.
immobilisation period, for Part 5, Division 7A, see section 66C(1)(a).
After section 6, in Part 1
insert
6A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 6A
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Section 11(2) and (3)
omit, insert
(2) When giving a requirement under subsection (1), the appropriate officer must warn the person it is an offence to contravene the requirement unless the person has a reasonable excuse.
(3) A person commits an offence if the person:
(a) contravenes a requirement given to the person under subsection (1); and
(b) was given a warning under subsection (2) in relation to the requirement.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
Section 33(2) and (3)
omit, insert
(2) When giving a requirement under subsection (1), the officer must warn the person it is an offence to contravene the requirement unless the person has a reasonable excuse.
(3) A person commits an offence if the person:
(a) contravenes a requirement given to the person under subsection (1); and
(b) was given a warning under subsection (2) in relation to the requirement.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
Section 34
repeal
(1) Section 41(1)(b), after "74"
insert
or 78A
(2) Section 41(2)(c)
omit
order.
insert
order;
(3) After section 41(2)(c)
insert
(d) the amount prescribed for the service of a community work order by a bailiff under Division 9.
(4) Section 41(3), after "74"
or 78A
(1) Section 53(1)(b), after "74"
insert
or 78A
(2) Section 53(2)(c)
omit
order.
insert
order;
(3) After section 53(2)(c)
insert
(d) the amount prescribed for the service of a community work order by a bailiff under Division 9.
(4) Section 53(3), after "74"
or 78A
Section 55(2), after "74"
insert
or 78A
(1) Section 62(1)
omit
a body corporate which is
(2) Before section 62(2)(a)
insert
(aa) if the fine defaulter is an individual:
(i) issue a licence to drive to the fine defaulter or renew the licence to drive of the fine defaulter; or
(ii) test the fine defaulter for the purpose of issuing a licence to drive to the fine defaulter;
(3) Section 62(2)(a), after "renew"
insert
or transfer
Section 66(1)
omit, insert
(1) A fine defaulter may apply to the Fines Recovery Unit for written approval to transfer an interest in a motor vehicle of which the fine defaulter is the registered owner (or one of the registered owners) while the registration of the vehicle is suspended in accordance with this Division.
(1A) A fine defaulter commits an offence if:
(a) the fine defaulter intentionally sells or otherwise transfers to another person an interest in a motor vehicle; and
(b) the fine defaulter is the registered owner (or one of the registered owners) of the vehicle; and
(c) the registration of the vehicle is suspended in accordance with this Division; and
(d) the fine defaulter is reckless as to whether the Fines Recovery Unit has given written approval to the transfer of the vehicle.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
(1B) Strict liability applies to subsection (1A)(b) and (c).
14 Divisions 7A and 7B inserted
After section 66
insert
Division 7A Immobilisation of motor vehicle
66A When enforcement action may be taken under this Division
The Fines Recovery Unit may take enforcement action under this Division if:
(a) a fine defaulter:
(i) has not paid a fine or penalty by the final date specified in the notice of the making of an enforcement order served on the fine defaulter; or
(ii) has been granted additional time to pay by the Fines Recovery Unit but has not paid the fine or penalty by the extended due date; or
(iii) has been allowed by the Fines Recovery Unit to pay a fine or penalty by instalments but has not paid an instalment at the time specified by the Unit for payment of that instalment; and
(b) the amount of the fine or penalty (including any enforcement costs) exceeds the amount prescribed by regulation; and
(c) the fine defaulter is the registered owner (or one of the registered owners) of a motor vehicle.
The Director may authorise, in writing, a person to be an immobilisation officer.
66C Immobilisation of motor vehicle
(1) The Director may:
(a) determine to immobilise a motor vehicle of which a fine defaulter is the registered owner (or one of the registered owners) for a period not exceeding 7 days (the immobilisation period); and
(b) authorise, in writing, an immobilisation officer to immobilise the vehicle.
(2) An immobilisation officer may immobilise a motor vehicle by:
(a) attaching a device to the vehicle; or
(b) using any other means approved by the Director.
(3) After the immobilisation officer has immobilised the vehicle, the officer must affix to the vehicle a notice that includes the following:
(a) a statement that the vehicle has been immobilised under this Act;
(b) the immobilisation period;
(c) information about what the fine defaulter may do to have the immobilisation removed.
66D When motor vehicle may not be immobilised
(1) An immobilisation officer must not immobilise a motor vehicle:
(a) at a place where the vehicle, if immobilised, could be a safety or traffic hazard; or
(b) at a place where the immobilisation officer reasonably believes the safety of the driver and any other occupants of the vehicle may be at risk; or
(c) if the Director has determined, and notified the officer, that it is otherwise inappropriate to immobilise the vehicle.
Example for section 66D(1)(b)
At an isolated location.
(2) In this section:
place includes a road.
66E Access to motor vehicle during immobilisation period
A fine defaulter is not prevented from accessing an immobilised motor vehicle during the immobilisation period.
Example for section 66E
A fine defaulter may access the vehicle to retrieve personal possessions.
66F Removal of immobilisation before end of immobilisation period
(1) The Director must direct an immobilisation officer to remove the immobilisation from a motor vehicle before the end of the immobilisation period if:
(a) the fine defaulter has paid all outstanding amounts under an enforcement order or the order has otherwise been satisfied; or
(b) the Director reasonably believes immobilisation would cause undue inconvenience to a person other than the fine defaulter.
(2) The Director may direct an immobilisation officer to remove the immobilisation from a motor vehicle although a fine defaulter has not paid all outstanding amounts under the enforcement order.
66G Powers of immobilisation officer
(1) An immobilisation officer may, at any reasonable time of the day or night, enter and remain on any premises for the purpose of immobilising a motor vehicle of which a fine defaulter is the registered owner or removing an immobilisation.
(2) However:
(a) an immobilisation officer who is a bailiff:
(i) may enter residential premises occupied only by a person other than the fine defaulter only with the permission of the occupier; and
(ii) may enter a part of residential premises that is a residential building only with the permission of the occupier; and
(b) any other immobilisation officer may enter residential premises only with the permission of the occupier.
(3) If requested by an occupier of premises, an immobilisation officer must show the occupier the officer's written authorisation under section 66C(1)(b).
(4) In this section:
premises includes any structure, building or place (whether built on or not).
66H Moving of immobilised vehicle
(1) A person commits an offence if:
(a) a motor vehicle is immobilised under this Division; and
(b) the person intentionally moves the vehicle.
Maximum penalty: 100 penalty units.
(2) Strict liability applies to subsection (1)(a).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
66J Interference with immobilisation
(1) A person commits an offence if:
(a) a motor vehicle is immobilised under this Division; and
(b) the person intentionally removes or tampers with the immobilisation of the vehicle.
Maximum penalty: 100 penalty units.
(2) Strict liability applies to subsection (1)(a).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
(1) An immobilisation officer is not civilly or criminally liable for an act done or omitted to be done by the officer in good faith in the exercise of a power or performance of a function as an immobilisation officer.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.
Division 7B Publication of name of fine defaulter
66L When enforcement action taken under this Division
The Fines Recovery Unit may take enforcement action under this Division if:
(a) one of the following applies:
(i) a fine defaulter has not paid a fine or penalty by the final date specified in the notice of making of an enforcement order served on the fine defaulter;
(ii) a fine defaulter has been granted additional time to pay by the Fines Recovery Unit but has not paid the fine or penalty by the extended due date;
(iii) a fine defaulter has been allowed by the Fines Recovery Unit to pay a fine or penalty by instalments but has not paid an instalment at the time specified by the Unit for payment of that instalment; and
(b) the amount of the fine or penalty (including any enforcement costs) exceeds the amount prescribed by regulation.
66M Publication of name of fine defaulter
(1) The Fines Recovery Unit may publish on its website the following details in relation to a fine defaulter:
(a) the full name;
(b) the suburb of residence;
(c) the amount owed as specified in the enforcement order.
(2) However, the Fines Recovery Unit must not publish the details of a fine defaulter under subsection (1) if:
(a) the fine defaulter is a person who is under the age of 18 years; or
(b) the fine defaulter is a protected person as defined in section 4 of the Domestic and Family Violence Act; or
(c) publication of the details would endanger the safety of the fine defaulter or any other person.
66N Removal of fine defaulter's details
(1) The Fines Recovery Unit must remove the details of a fine defaulter from its website if the fine defaulter has paid all outstanding amounts under an enforcement order served on the defaulter or the order has otherwise been satisfied.
(2) The Fines Recovery Unit may remove the details of a fine defaulter from its website although the fine defaulter has not paid all outstanding amounts under an enforcement order.
(1) Section 78(2)
omit
a bailiff
insert
an authorised person
(2) Section 78(3)
omit
A bailiff
insert
An authorised person
After section 78
insert
(1) The enforcement costs payable by a fine defaulter in relation to the service of a community work order by a bailiff are the costs and expenses:
(a) reasonably incurred by a bailiff in relation to the service of a community work order under this Division; and
(b) approved by the Fines Recovery Unit.
(2) The amount of those costs and expenses is to be determined in accordance with the scale applicable to the enforcement of judgment debts under the Local Court Regulations but is to be reduced by any amount prescribed in relation to bailiff's costs under section 41(2)(d) or 53(2)(d) as payable to the Territory.
(3) For the purposes of this section, the Fines Recovery Unit has the functions of a Registrar of the Local Court in relation to the approval of those costs and expenses.
(4) Enforcement costs recoverable under this section are payable to the bailiff concerned and, if paid to the Territory, may be paid by the Fines Recovery Unit to the bailiff.
(5) The Local Court may review a decision of the Fines Recovery Unit in respect of enforcement costs in the same manner as provided by rule 4.04 of the Local Court Rules in respect of the decision of a Registrar.
(1) Section 95(6)(b)
omit
and
(2) Section 95(6)(c)
omit
(3) After section 95(6)
insert
(7) However, while further enforcement action is suspended:
(a) if a suspension of the fine defaulter's licence to drive or vehicle registration has been imposed under Division 7:
(i) the Fines Recovery Unit must advise the Registrar of Motor Vehicles that any suspension is to be lifted (unless the licence or registration is also suspended under this Act for the enforcement of another order); and
(ii) the Registrar of Motor Vehicles must (unless the licence or registration is also suspended under this Act for the enforcement of another order or is suspended under another Act) lift the suspension; and
(b) if enforcement action has been taken under section 62:
(i) the Fines Recovery Unit must request the Registrar of Motor Vehicles to cease the enforcement action; and
(ii) the Registrar of Motor Vehicles must cease the enforcement action; and
(c) if a motor vehicle owned by the fine defaulter has been immobilised under section 66C, the Director must direct an immobilisation officer to remove the immobilisation; and
(d) if the fine defaulter's details are published under section 66M – the Fines Recovery Unit must remove the details from its website.
(1) Section 99(1)
omit
he or she
insert
the bailiff
(2) Section 99(2) and (3)
omit, insert
(2) When giving a requirement under subsection (1), the bailiff must warn the person it is an offence to contravene the requirement unless the person has a reasonable excuse.
(3) A person commits an offence if the person:
(a) contravenes a requirement given to the person under subsection (1); and
(b) was given a warning under subsection (2) in relation to the requirement.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
Before section 110, in Part 9
insert
109A Misleading information or document
(1) A person commits an offence if:
(a) the person intentionally gives information to another person; and
(b) the other person is an official; and
(c) the person knows the information is misleading; and
(d) the person knows the official is acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person; and
(b) the other person is an official; and
(c) the person knows the document contains misleading information; and
(d) the person knows the official is acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the official's attention; and
(b) to the extent to which the person can reasonably do so – gives the official the information necessary to remedy the misleading aspect of the document.
(5) In this section:
acting in an official capacity, in relation to an official, means the official is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
official means one of the following:
(a) a law enforcement officer;
(b) an authorised person;
(c) an immobilisation officer;
(d) an officer of the Fines Recovery Unit.
Section 113(1)(a), after "74"
insert
or 78A
21 Part 10, Division 3 inserted
After section 123
insert
Division 3 Transitional matters for Fines and Penalties (Recovery) Amendment Act 2015
In this Division:
amending Act means the Fines and Penalties (Recovery) Amendment Act 2015.
commencement means the commencement of the amending Act.
125 Offence provisions – before and after commencement
(1) The offence provisions, as amended by the amending Act, apply only in relation to offences committed after the commencement.
(2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
(4) In this section:
offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).
Subject to section 125, Part 5 of this Act, as amended by the amending Act, applies in relation to a fine imposed or a penalty incurred before or after the commencement.
Part 3 Consequential Amendments
Division
1 Amendment of Anti-Discrimination
Act
22 Act
amended
This Division amends the Anti-Discrimination Act
After section 19(1)(q)
insert
(qa) the person's details being published under section 66M of the Fines and Penalties (Recovery) Act;
Division
2 Amendment of Fines and Penalties (Recovery)
Regulations
24 Regulations
amended
This Division amends the Fines and Penalties (Recovery) Regulations.
After regulation 11
insert
11A Amounts for sections 66A and 66L of the Act
For sections 66A(b) and 66L(b) of the Act, the amount is $10 000.
Regulation 13
omit
A bailiff
insert
An authorised person
Schedule 3
regulation 10
|
Enforcement Action
|
Amount (revenue units)
|
|
Making of a penalty enforcement order
|
67
|
|
Making of a fine enforcement order
|
67
|
|
Action taken by the Registrar of Motor Vehicles
under Part 5, Division 7 of the Act
|
67
|
|
Immobilisation of a motor vehicle under Part 5,
Division 7A of the Act
|
148
|
|
Publication of details under Part 5, Division 7B of
the Act
|
67
|
|
Making of a property seizure order
|
67
|
|
Making of a garnishee order
|
67
|
|
Action taken by a bailiff under Part 5, Division 8
of the Act
|
67
|
|
Registration of a statutory charge on
land
|
124
|
|
Making and service of a community work order (other
than by a bailiff)
|
148
|
|
Making of a community work order to be served by a
bailiff
|
148
|
|
Service of a community work order by a
bailiff
|
67
|
|
Issue of a warrant of commitment
|
67
|
Part 4 Expiry
of
Act
28 Expiry
of Act
This Act expires on the day after it commences.
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