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STATE PENALTIES ENFORCEMENT ACT 1999

- As at 9 November 2018
- Act 70 of 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Objects
   5.      Act has limited application to children
   6.      Act binds State, Commonwealth and other States

   PART 2 - THE STATE PENALTIES ENFORCEMENT REGISTRY

   7.      The State Penalties Enforcement Registry
   8.      Functions of SPER
   9.      The SPER charter
   10.     Staff and contractors
   10A.    Service contractors
   10B.    Service subcontractors
   10C.    Delegation of prescribed functions
   11.     Management of office
   11A.    Identity cards
   11B.    Return of identity card
   12.     Protection from liability

   PART 3 - INFRINGEMENT NOTICES

           Division 1 - Service of infringement notices

   13.     Service of infringement notices—generally
   14.     Service of infringement notices for infringement notice offences involving vehicles
   15.     Infringement notices
   16.     Effect of this part on prosecution

           Division 2 - Liability for infringement notice offences involving vehicles

   17.     Liability for infringement notice offences involving vehicles
   18.     Effect of illegal user declaration
   19.     Effect of known user declaration
   20.     Effect of sold vehicle declaration
   21.     Effect of unknown user declaration

           Division 3 - Obligations and options under infringement notices

   22.     Ways alleged offender may deal with infringement notice
   23.     Application to pay fine by instalments
   24.     Registration of instalment payments for infringement notices
   25.     Alleged offender who pays can not be prosecuted
   26.     When alleged offender can not elect to have offence decided by court
   27.     When infringement notice offence is to be decided by court

           Division 4 - Withdrawal and re-issue of infringement notice

   28.     Administering authority may withdraw infringement notice
   29.     Cancellation of registration on withdrawal of infringement notice
   30.     Application to cancel infringement notice for mistake of fact
   31.     Effect of cancellation of infringement notice
   32.     Proceedings after cancellation of infringement notice

   PART 3B - WORK AND DEVELOPMENT ORDERS

   32F.    Definitions for part
   32G.    Work and development orders
   32H.    Eligibility for work and development order
   32I.    No work and development order for amount payable to specified person or entity
   32J.    Application for work and development order
   32K.    Eligibility assessment by approved sponsor
   32L.    Decision on application
   32M.    Unpaid work must be performed cumulatively
   32N.    Effect of this part on enforcement action
   32O.    Variation of work and development order
   32P.    Withdrawal of work and development order
   32Q.    Revocation of work and development order
   32R.    Satisfaction of SPER debt
   32S.    External review of decisions under this part

   PART 4 - ENFORCEMENT ORDERS

           Division 1 - Default commences enforcement process

   33.     Default by person served with infringement notice
   34.     Default in paying fine, penalty or other amount under court order
   35.     Effect of registration under this division
   36.     Default in paying instalment
   37.     Effect of cancellation of instalment payment notice

           Division 2 - Enforcement orders

   38.     Issue of enforcement order
   39.     (Repealed)
   40.     Service of enforcement order

           Division 3 - Obligations and options under enforcement order

   41.     Ways enforcement debtor may deal with enforcement order
   42.     Application to pay by instalments
   43.     (Repealed)
   44.     (Repealed)
   45.     (Repealed)
   46.     (Repealed)
   47.     (Repealed)
   48.     (Repealed)
   49.     (Repealed)
   50.     (Repealed)
   51.     Election for court hearing

           Division 4 - Default after enforcement order

   52.     Default after time to pay
   52A.    Working out period of imprisonment for arrest and imprisonment warrant
   53.     (Repealed)

           Division 5 - Effect of appeal on enforcement order

   54.     Effect of appeal on enforcement order
   54A.    Effect of appeal on enforcement order for offender levy

           Division 6 - Cancellation of certain enforcement orders

   55.     Application of div 6
   56.     Applications for cancellation of enforcement orders
   57.     Decision on application
   58.     Appeal against refusal to cancel enforcement order
   59.     (Repealed)
   60.     Provisions relating to cancellation of enforcement order

   PART 5 - CIVIL ENFORCEMENT

           Division 1 - Preliminary

   61.     Application of pt 5
   62.     Part does not prevent issue of arrest and imprisonment warrant

           Division 2 - Enforcement warrants

   63.     Issue of enforcement warrant
   63A.    Renewal of enforcement warrant
   64.     Registrar may cancel, suspend or vary enforcement warrant for seizure of property
   65.     Enforcement warrant imposing a charge on property
   66.     Effect of warrant imposing charge on property
   67.     Order to set aside or restrain sale, etc. of charged property
   68.     Offence of dealing with charged or restrained property
   68A.    Offence of concealing, selling, transferring or otherwise dealing with property subject to seizure
   69.     Enforcement of enforcement warrant may be made conditional
   69A.    Particular matters about enforcement of enforcement warrant
   70.     Power of entry to enforce enforcement warrant
   71.     Search warrant
   72.     Powers under search warrant
   73.     Powers supporting seizure
   73A.    Notice to enforcement debtor etc. if seizure
   73B.    Enforcement officer may authorise tow
   73C.    Order of selling property
   73D.    Payment by enforcement debtor before sale
   73E.    Storage before sale
   73F.    Nature of sale
   73G.    Sale at best price obtainable
   73H.    Advertising
   73I.    Postponement of sale
   73J.    Accountability for, and distribution of, money received
   73K.    Reserve price provisions
   74.     Return of enforcement warrant

           Division 3 - Fine collection notices

   75.     Issue of fine collection notice
   76.     Issue of fine collection notice after enforcement warrant
   77.     Registrar may cancel, suspend or vary fine collection notices
   78.     Copy of notices under this division to be given to enforcement debtor

           Division 4 - Provisions about fine collection notices redirecting earnings

   79.     When registrar may issue fine collection notice for redirection of earnings
   80.     Two or more employers of 1 employee
   81.     Duty of employer to make deductions
   82.     Working out amount to be deducted
   83.     Provisions for working out earnings for s 82
   84.     Additional duties of employers
   85.     Discharge of enforcement debtor’s liability to registrar and employer’s liability to enforcement debtor
   86.     Payment by trustees of deducted amounts
   87.     Penalty for late payment to registrar of deducted amounts
   88.     Penalty for failure to make deductions from earnings
   89.     When late payment penalty may be waived
   90.     Application of interest payable on judgment debt
   91.     Penalty is alternative to prosecution for certain offences against part
   92.     Employers not to prejudice employees because of action under this part
   93.     Employers not to disclose information etc.
   94.     Records to be kept by employers
   95.     Access to premises etc.
   96.     Application of amounts paid or credited if 2 or more debts due

           Division 5 - Provisions about fine collection notice for redirection of a debt

   97.     When debt redirected under fine collection notice
   98.     Payment to enforcement debtor despite redirection
   99.     Discharge of the third person

           Division 6 - Provisions about regular redirection from a financial institution account

   100.    Application of div 6
   101.    Service of fine collection notice for regular redirection from a financial institution account
   102.    Financial institution to make payments
   103.    Offence of intentionally defeating notice for regular redirection from a financial institution account

           Division 6A - Provisions about direction to pay amount from financial institution account

   103A.   Application of division
   103B.   Copy of fine collection notice to enforcement debtor
   103C.   Financial institution to make deduction
   103D.   Financial institution to make payment

           Division 7 - Suspension of driver licence

   104.    Criteria for suspending driver licence
   105.    Suspension of driver licence
   106.    General effect of suspension of driver licence
   107.    Review of suspension of driver licence
   108.    Effect of suspension of driver licence on vehicle insurance

           Division 7A - Enforcement by vehicle immobilisation

              Subdivision 1 - Criteria for vehicle immobilisation

   108A.   Criteria for vehicle immobilisation
   108B.   Types of vehicles that may be immobilised

              Subdivision 2 - Notice of intention to issue immobilisation warrant

   108C.   Registrar to serve notice of intention to issue immobilisation warrant

              Subdivision 3 - Immobilisation warrant and related matters

   108D.   Issue and service of immobilisation warrant
   108E.   Registrar may cancel, suspend or vary immobilisation warrant
   108F.   Effect of immobilisation warrant
   108G.   Who may enforce an immobilisation warrant
   108H.   Where and when an immobilisation warrant may or may not be enforced
   108I.   Additional powers under an immobilisation warrant
   108J.   Entry to ask occupier for consent to enter
   108K.   Entry with consent
   108L.   Immobilisation search warrant
   108M.   Powers under immobilisation search warrant
   108N.   Immobilisation notice
   108O.   Immobilisation period and access to vehicle
   108P.   When immobilising device may be removed before end of immobilisation period
   108Q.   Removal of immobilising device immediately after immobilisation period ends
   108R.   Direction by registrar to seize vehicle under enforcement warrant
   108S.   Direction by registrar to re-enforce current immobilisation warrant
   108T.   Return of immobilisation warrant
   108U.   Notice of damage—immobilisation warrant
   108V.   Compensation—immobilisation warrant
   108W.   Effect of immobilisation on vehicle insurance

              Subdivision 4 - Offences

   108X.   Offences of concealing, selling, transferring or otherwise dealing with vehicle with particular intent
   108Y.   Offence of interfering with or removing immobilised vehicle
   108Z.   Offence of tampering with or removing immobilising device or immobilising notice

           Division 8 - Other enforcement options

   109.    (Repealed)
   110.    Registration of interests

           Division 9 - Order of satisfaction of fines etc.

   111.    Order of satisfaction of fines for infringement notice offences
   112.    Order of satisfaction of other amounts
   113.    Order of satisfaction if more than 1 enforcement order

           Division 10 - General provisions

   114.    Power of person serving fine collection notice or enforcing warrant to demand name and address etc.
   115.    Effect of particular proceedings
   116.    Offence of obstructing enforcement officer
   117.    Offence of defacing or removing seizure tags

   PART 6 - IMPRISONMENT

   118.    (Repealed)
   119.    Enforcement by imprisonment
   120.    Satisfaction of fine by imprisonment
   121.    Order of satisfaction of fines if enforcement debtor imprisoned

   PART 7 - (Repealed)

   PART 8 - RECIPROCAL ENFORCEMENT OF FINES

   131.    Definitions for pt 8
   132.    Declaration of reciprocating court
   133.    Enforcement of Queensland fine by reciprocating court
   134.    Enforcement of fine imposed by reciprocating court

   PART 8A - INFORMATION SHARING

           Division 1 - Preliminary

   134A.   Definitions for part

           Division 2 - Information collection

   134B.   Information from police commissioner
   134C.   Registrar may require person to give information
   134D.   Registrar may require attendance by persons
   134E.   Power to record giving of information
   134F.   Registrar may require translation or conversion of information
   134G.   False or misleading information

           Division 3 - Information protection

   134H.   Unauthorised disclosure of confidential information
   134I.   Non-disclosure of particular information
   134J.   Limited use of self-incriminating information

           Division 4 - Information sharing

   134K.   Information-sharing arrangements
   134L.   Disclosure of confidential information by registrar
   134M.   Registrar may advise police commissioner about particular warrants

   PART 9 - MISCELLANEOUS

           Division 1 - Content of particular notices, orders and warrants

   135.    Default certificate for infringement notice offence
   136.    Instalment payment notice
   137.    (Repealed)
   138.    (Repealed)
   139.    (Repealed)
   140.    (Repealed)
   141.    (Repealed)
   142.    (Repealed)
   143.    (Repealed)
   144.    (Repealed)
   145.    (Repealed)
   146.    (Repealed)
   146A.   (Repealed)
   146B.   (Repealed)
   146C.   (Repealed)
   146D.   (Repealed)

           Division 2 - Other enforcement related provisions

   147.    Effect of notices, orders and warrants
   148.    Electronic transmission of particular documents
   149.    Enforcement costs and their allocation
   149A.   References to amounts otherwise being discharged
   150.    Dishonoured cheques etc.
   150A.   Registrar may write off unpaid fine or other amount
   150AA.  Registrar may waive or return fee
   150AB.  Redirecting amounts to unpaid SPER debts
   150B.   Guidelines
   151.    Registrar may arrange for use of information system
   151A.   (Repealed)
   152.    (Repealed)
   152A.   (Repealed)
   152B.   (Repealed)
   152C.   (Repealed)
   152D.   (Repealed)
   152E.   (Repealed)
   152F.   (Repealed)
   152G.   (Repealed)
   152H.   (Repealed)
   152I.   (Repealed)
   153.    Register
   154.    No fees payable for registration under other Acts
   155.    Non-reviewable decision
   156.    Responsibility for acts or omissions of representatives
   157.    Evidentiary provisions
   158.    Service of document
   159.    Proceedings for offences
   159A.   Registrar may communicate with enforcement debtors by SMS

           Division 3 - General

   160.    Delegation by administering authority
   161.    Delegation by registrar
   162.    Approval of forms by administering authority
   163.    Approval of other forms
   164.    (Repealed)
   165.    Regulation-making power

   PART 10 - TRANSITIONAL, VALIDATING AND DECLARATORY PROVISIONS

           Division 1 - Transitional provisions for Act No. 70 of 1999

   167.    Amnesty period
   168.    Saving of infringement notice
   169.    Saving of enforcement orders
   170.    Issue of infringement notices by administering authority
   171.    Existing warrant of commitment
   172.    Existing fine option order

           Division 2 - Validating and declaratory provisions

   173.    Infringement notice for Motor Accident Insurance Act 1994
   174.    Infringement notice for a corporation
   174A.   Particular orders made under Industrial Relations Act 2016

           Division 3 - Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2007

   175.    Definition for div 3
   176.    Transitional provision about management of office
   177.    Transitional provision for extension of time to pay an amount stated in an enforcement order
   178.    Transitional provision for cancellation of enforcement order
   179.    Transitional provision for good behaviour order

           Division 4 - (Repealed)

           Division 5 - (Repealed)

           Division 6 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

   182.    Effect of provision disqualifying person from holding or obtaining driver licence

           Division 7 - Transitional provisions for State Penalties Enforcement Amendment Act 2017

   183.    Definitions for division
   183A.   Department (corrective services) is approved sponsor
   184.    Other approved sponsors
   185.    Conversion of fine option orders
   186.    Conversion of applications for fine option orders
   187.    Continuation of good behaviour orders
   193.    Continuation of particular certificate evidence
   194.    Transitional regulation-making power

           Division 8 - Transitional provision for Tow Truck and Other Legislation Amendment Act 2018

   195.    Application of Act to particular 17 year old children
           SCHEDULE 2


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