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STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 134
Enforcement of fine imposed by reciprocating court
134 Enforcement of fine imposed by reciprocating court
(1) This section applies if— (a) under a conviction of a reciprocating
court, a fine is payable by a person having or appearing to have property in
Queensland; and
(b) SPER receives a request from the relevant officer of the
reciprocating court for the enforcement of the fine; and
(c) the request is
accompanied by— (i) a copy, certified by the relevant officer to be correct,
of the conviction; and
(ii) a certificate by the relevant officer stating the
amount of the fine that remains unpaid.
(2) The registrar must register the
certified copy of the conviction and write the date of registration on it.
(3) On registration of the conviction— (a) the conviction is, for this part,
taken to be a conviction of a Queensland court; and
(b) the registrar must
make an enforcement order under this Act for the purpose of recovering the
amount stated as unpaid in the certificate relating to the conviction.
(4)
If, after SPER receives a request under this section in relation to a fine
payable under a conviction of a reciprocating court, SPER receives a
notification from the relevant officer of the reciprocating court of payment
of an amount in satisfaction of all or part of the amount of the fine— (a)
the registrar must register particulars of the payment; and
(b) the payment
is, for the purposes of enforcement action under this Act, taken to be a
payment under an enforcement order made under this section.
(5) The registrar
must pay the amount of any fine recovered by the registrar under the
enforcement order into the consolidated fund, unless the amount must be dealt
with in another way under an agreement between the Minister and the relevant
Minister of the other State.
(6) A document that appears to have been signed
by the relevant officer of a reciprocating court is taken to have been signed
by the relevant officer, unless the contrary is proved.
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