Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 195

195 Application of Act to particular 17 year old children

(1) This section applies if—

(a) before the youth justice commencement, the registrar—

(i) registered a default certificate for an offence under section 33; or

(ii) registered the prescribed particulars of an unpaid amount under section 34; and

(b) immediately before the youth justice commencement—

(i) there was still a relevant unpaid amount for the registered default certificate or registered particulars; and

(ii) the person required to pay the relevant unpaid amount was 17 years old.

(2) Despite the amendment of section 5 by the amending Acts—

(a) each of the following has effect—

(i) the registration of the default certificate or prescribed particulars;

(ii) any current enforcement order for the relevant unpaid amount; and

(b) this Act applies in relation to the person and the relevant unpaid amount as if pre-amended section 5 were still in force.

(3) To remove any doubt, it is declared that, for subsection (2)(b), a reference in pre-amended section 5 to a child within the meaning of the Youth Justice Act 1992 is a reference to a person who has not turned 17 years.

(4) If the date of a current enforcement order mentioned in subsection (2)(a)(ii) is less than 28 days before the youth justice commencement, this Act applies as if the date of the order were the date of commencement of this section.

(5) In this section—

"amending Acts" means—

(a) the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 ; and

(b) the Tow Truck and Other Legislation Amendment Act 2018 .

"current enforcement order" means an enforcement order that, immediately before the youth justice commencement, was in effect for a relevant unpaid amount.

"pre-amended section 5" means section 5 as in force immediately before the youth justice commencement.

"relevant unpaid amount" , for a registered default certificate or registered particulars—

(a) means the amount SPER is responsible for collecting because of the registration; and

(b) includes any fees or costs payable under this Act in relation to the amount.

"youth justice commencement" means the commencement of the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 , schedule 1 .