Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 33

33 Default by person served with infringement notice

(1) If a person served with an infringement notice has not, within 28 days after the date of the infringement notice—

(a) paid the fine in full to the administering authority; or

(b) applied to the administering authority to pay the fine by instalments; or

(c) made to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or

(d) if relevant, given to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence;

the administering authority may give to SPER for registration a certificate (
"default certificate" ) for the relevant infringement notice offence.

(2) For subsection (1) (c) , an election may be made—

(a) in the approved form; or

(b) in another way acceptable to the administering authority.

Examples of other ways an election may be made that may be acceptable to the administering authority—

• by telephone

• by use of the internet

(3) A default certificate given under subsection (1) by an administering authority that is entitled under an Act to retain the amount of any fine paid to it must be accompanied by the registration fee.

(4) If a default certificate is given to SPER for registration on or before the final day, the registrar must register the certificate as soon as practicable after it is received.

(5) If a default certificate is given to SPER for registration after the final day, the registrar must not register it.

(6) A regulation may, for an infringement notice offence, prescribe—

(a) a day (the
"due day" ), before the final day, by which the administering authority must give a default certificate for the offence to SPER for registration; and

(b) a late lodgement fee that is payable by the administering authority for giving a default certificate for the offence to SPER for registration after the due day.

(7) An administering authority may give an amended default certificate to SPER for registration if amendment of an earlier certificate is necessary because of error, the dishonour of a cheque, or for another reason.

(8) Subsection (5) does not apply to an amended default certificate.

(9) No registration fee under subsection (3) or late lodgement fee under subsection (6) (b) is payable for an amended default certificate.

(10) In this section—

"final day" , for registration of a default certificate for an infringement notice offence, means—

(a) the latest day on which a prosecution for the offence may be started; or

(b) if a day, earlier than the day mentioned in paragraph (a) is prescribed by regulation to be the final day for registration of the default certificate—the day prescribed.