Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 113

113 Order of satisfaction if more than 1 enforcement order

(1) This section applies if an enforcement debtor pays all or part of an unpaid amount stated in an enforcement order, enforcement warrant, immobilisation warrant, fine collection notice or an arrest and imprisonment warrant other than for an infringement notice offence and there are 2 or more orders, warrants or notices to which the amount could be applied.

(2) The amount must first be applied to satisfy all outstanding amounts in the first relevant category in section 112 (2) in the order in which they became payable.

(3) After all amounts in the first relevant category are satisfied, any remaining amount must be applied to satisfy unpaid amounts in the next relevant category and then to each other relevant category in the same way until each relevant category is satisfied.

Examples for subsection (3)—

1 If the enforcement debtor has been ordered to pay the following amounts under a court order—

(a) $200 for a fine, $80 costs of court, $50 witness expenses, $250 professional fees and $300 restitution, under an order made on 2 January 1999;

(b) $500 for a fine, $80 costs of court, $50 witness expenses, $600 professional fees and $350 restitution, under an order made on 4 January 1999;

any part payments must first satisfy the restitution amounts ordered on 2 January 1999 and 4 January 1999 in that order before any other part payments may be applied to satisfy amounts outstanding in the next relevant category.

2 If the enforcement debtor must pay the following outstanding amounts—

(a) $172 ($130 for a speeding fine and $42 for the SPER registration fee) under an enforcement order made on 1 January 1999;

(b) $200 for a fine, $80 costs of court, $50 witness expenses, $250 professional fees and $300 restitution, under a court order made on 2 January 1999;

(c) $222 ($180 for a speeding fine and $42 for the SPER registration fee) under an enforcement order made on 3 January 1999;

(d) $500 for a fine, $80 costs of court, $50 witness expenses, $600 professional fees and $350 restitution, under a court order made on 4 January 1999;

any part payments must first be applied to discharge the amounts ordered as restitution on 2 January 1999 and 4 January 1999, in order, before any other part payment may be applied to satisfy amounts outstanding in the next relevant category for the orders made on 2 and 4 January 1999. Once those orders are satisfied, the part payments must then be applied to satisfy all outstanding amounts for the speeding fines.