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STATE PENALTIES ENFORCEMENT ACT 1999 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"account" , for a financial institution, includes a withdrawable share
account.
"address" means—
(a) for an individual— (i) the address of the place where
the individual usually resides; or
(ii) a postal address for the individual;
or
(iii) if a matter relates to a business owned or controlled by the
individual—the address of the business; or
(b) for a corporation— (i) the
head office, a registered office or a principal office of the corporation; or
(ii) a postal address for the corporation.
"administering authority" , for an infringement notice or infringement notice
offence, means the entity prescribed by regulation to be the administering
authority for the notice or offence.
"administration charge" ...
"alleged offender" , for an infringement notice, means the person on whom the
notice is served.
"appropriately qualified" ...
"appropriately qualified public service officer" ...
"approved form" means a form approved under section 162 or 163 .
"approved sponsor" see section 32F .
"arrest and imprisonment warrant" see section 119 .
"authorised corrective services officer" ...
"authorised person" means— (a) for an infringement notice—a person who,
under a regulation, may serve the infringement notice; or
(b) for a
withdrawal from acting under this Act—a person who, under a regulation, may
effect the withdrawal.
"authorised service" see section 10A (2) .
"chief executive (corrective services)" ...
"civil enforcement fee" means the fee prescribed under a regulation for part 5
.
"commercial agent" ...
"community service" has the meaning given by the Corrective Services Act 2006
, schedule 4 .
"community service order" ...
"compliance period" ...
"confidential information" , for part 8A , see section 134A .
"contracted debt collector" means a debt collector engaged under a contract
under section 10 (2) .
"conviction" , for part 8 , see section 131 .
"corrective services office" ...
"court registrar" means— (a) for the Supreme Court or District Court—the
registrar of the relevant court; or
(b) for a Magistrates Court—the clerk
of the relevant court.
"criminal history" of a person means the person’s criminal history within
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 .
"customer reference number" means a unique number used by the department
within which the Transport Operations (Road Use Management) Act 1995 is
administered to identify a person on whom an infringement notice for an
infringement notice offence involving a vehicle has been served.
"cut-out rate" , for a fine or unpaid amount, means— (a) for a court order
under which an offender is required to serve a term of imprisonment for
failing to pay a penalty or a forfeited recognisance under the
Penalties and Sentences Act 1992 —the rate worked out by dividing the
penalty or the amount of the recognisance by the number of days of
imprisonment ordered, expressed in dollars for each day; or
(b) for a court
order under which an offender is not required to serve a term of imprisonment
for failing to pay a penalty under the Penalties and Sentences Act 1992 —the
amount prescribed under a regulation for this paragraph or, if no amount is
prescribed, $75; or
(c) for a court order under which a surety is required to
serve a term of imprisonment for failing to pay an amount under the
Bail Act 1980 or the Penalties and Sentences Act 1992 —the rate worked out
by dividing the amount by the number of days of imprisonment ordered,
expressed in dollars for each day; or
(d) for a court order under which a
surety is not required to serve a term of imprisonment for failing to pay an
amount under the Bail Act 1980 or the Penalties and Sentences Act 1992 —the
amount prescribed under a regulation for this paragraph or, if no amount is
prescribed, $75; or
(e) for an infringement notice offence—the amount
prescribed by regulation for this paragraph or, if no amount is prescribed,
$60.
"debt collector" means a debt collector or subagent under the
Debt Collectors (Field Agents and Collection Agents) Act 2014 .
"deducted amount" see section 87 .
"default certificate" see section 33 .
"driver licence" has the meaning given by the
Transport Operations (Road Use Management) Act 1995 , schedule 4 .
"earnings" , of an enforcement debtor, means wages, salary, fees, bonuses,
commission, overtime pay or other compensation for services or profit arising
from office or employment, a pension, benefit or similar payment, an annuity
or an amount payable instead of leave or retirement benefit owing or accruing
to the enforcement debtor.
"electronic communication" means communication of information in the form
of— (a) data, text or images by guided or unguided electromagnetic energy;
or
(b) sound by guided or unguided electromagnetic energy, if the sound is
capable of being processed at its destination as language.
"eligibility assessment" , for part 3B , see section 32K (1) .
"employer" , of an enforcement debtor, means a person (including the State)
who, as principal, rather than as a servant or agent, pays, or is likely to
pay, earnings to the enforcement debtor.
"enforceable amount" , of a person’s SPER debt, means that part of the
person’s SPER debt for which the registrar may take enforcement action under
part 5 or 6 (regardless of whether the registrar has started the action) less
any amount for which recovery or enforcement action is suspended.
"enforcement action" means action taken under this Act by the registrar or
SPER to recover an amount a person must pay to SPER, including an action the
registrar or SPER may take under this Act because the person failed to pay an
amount to SPER. Examples of enforcement action— issuing an
enforcement warrant, issuing a fine collection notice, issuing a notice of
intention to suspend a licence or issuing an immobilisation warrant
"enforcement cost" see section 149 .
"enforcement debtor" see section 38 .
"enforcement officer" means a person who holds office under part 9 , division
2A as an enforcement officer.
"enforcement order" see section 38 .
"enforcement warrant" see section 63 .
"executive officer" , of a corporation, means a person, by whatever name
called and whether or not the person is a director of the corporation, who is
concerned with, or takes part in, the management of the corporation.
"fine" — (a) generally, includes— (i) an amount stated in an infringement
notice as the fine for a stated infringement notice offence and, for a
particular infringement notice, the fine stated in the infringement notice;
and
(ii) for an offence for which a fine is imposed by a court—any amount
payable under an ancillary order of the court; and
(b) for part 8 —see
section 131 . Examples of ancillary orders— 1 professional fees,
witnesses’ expenses and interpreters’ allowances
2 royalties or another
similar amount, including conservation value payable under the
Nature Conservation Act 1992
"fine collection notice" see section 75 .
"fine option order" ...
"fine option order breach notice" ...
"good behaviour order" ...
"government body" means— (a) the State, another State, the Commonwealth or a
local government; or
(b) a department, service, agency, authority,
commission, corporation, instrumentality, board, office or other entity
established for a State government purpose; or
(c) a part of an entity
mentioned in paragraph (b) .
"illegal user declaration" , for an offence involving a vehicle, means a
statutory declaration, or an online declaration under the
Transport Operations (Road Use Management) Act 1995 , section 114 (4) (b) ,
stating facts establishing the vehicle was stolen or illegally taken at the
relevant time.
"immobilisation notice" see section 108N .
"immobilisation period" see section 108O .
"immobilisation search warrant" see section 108L .
"immobilisation warrant" see section 108D .
"immobilising device" , for a vehicle, means— (a) wheel clamps; or
(b)
another device that effectively detains the vehicle.
"infringement notice" means a notice under section 15 .
"infringement notice fine" , for an infringement notice offence, means the
amount prescribed under a regulation to be the fine payable for the offence
under an infringement notice.
"infringement notice offence" means an offence prescribed by regulation to be
an offence to which this Act applies.
"instalment" , of a fine under an infringement notice, means the amount
payable as an instalment of the fine.
"instalment payment notice" see section 136 .
"interest in a managed investment scheme" has the meaning given by the
Corporations Act , section 9 .
"interfere with" includes the following— (a) remove;
(b) damage;
(c)
destroy;
(d) deface.
"known user declaration" , for an offence involving a vehicle, means a
statutory declaration, or an online declaration under the
Transport Operations (Road Use Management) Act 1995 , section 114 (4) (b) ,
stating— (a) if the owner is— (i) an individual—the owner was not in
charge of the vehicle at the relevant time; or
(ii) a corporation—the
vehicle was not being used for the corporation at the relevant time; and
(b)
the name and address of the person who was in charge of the vehicle at the
relevant time.
"late payment penalty" — (a) for a deducted amount—see section 87 ; or
(b) for an undeducted amount—see section 88 .
"minimum instalment" means the amount prescribed under a regulation as the
minimum amount a person who may pay an amount by instalments must pay.
"motor vehicle" means a vehicle propelled by a motor that forms part of the
vehicle, and includes a trailer attached to the vehicle.
"offence" , for a particular infringement notice, means the offence stated in
the notice.
"offence involving a vehicle" means an offence in which an offender and a
vehicle are involved, regardless of the extent to which the vehicle is
actually involved in the offence.
"offender" , other than for part 3 , includes alleged offender.
"offender levy" see the Penalties and Sentences Act 1992 , section 179C .
"officer" , of a corporation, includes a former officer of the corporation.
"official" , for part 8A , see section 134A .
"owner" , of a vehicle, includes the person in whose name the vehicle is
registered under a registration Act.
"partner" includes a former partner.
"police commissioner" ...
"postal address" , of a person, means— (a) the address of the place where
the person receives mail sent by post, other than a place at which the person
usually resides or works; or
(b) a location or other designation sufficient
to identify the part of a place where the person receives mail sent by post.
Example for paragraph (b)— a post office box or parcel locker
"premises" includes any structure, building, aircraft, vehicle, vessel or
place, whether built on or not.
"prescribed interest" ...
"prescribed particulars" , for part 4 , means particulars prescribed under a
regulation.
"protected earnings amount" , for a period for which earnings are paid, means
the amount worked out by applying the protected earnings rate to the period
for which the earnings are paid.
"protected earnings rate" has the meaning given by the
Child Support (Registration and Collection) Act 1988 (Cwlth) , section 4 .
"public service officer" ...
"quad bike" means a 4-wheeled motor vehicle that is ridden in the same way as
a 2-wheeled motor vehicle.
"Queensland fine" , for part 8 , see section 131 .
"reciprocating court" , for part 8 , see section 131 .
"registered operator" , of a vehicle— (a) means the registered operator of
the vehicle under the Transport Operations (Road Use Management) Act 1995 (
"transport registered operator" ); and
(b) if there is not, but has been, a
transport registered operator of the vehicle—includes the last transport
registered operator of the vehicle.
"registrar" means the person holding office as the registrar under section 9A
.
"registration Act" means— (a) the
Transport Operations (Road Use Management) Act 1995 or another Act prescribed
under a regulation that deals with the registration of vehicles; or
(b) a law
of the Commonwealth or another State that deals generally with the same
subject matter as an Act mentioned in paragraph (a) .
"registration fee" means the fee prescribed under a regulation for registering
an unpaid amount under this Act.
"relevant officer" , for part 8 , see section 131 .
"relevant person" ...
"relevant time" , for an offence involving a vehicle, means the time and date
specified in the infringement notice as the time and date of the offence.
"responsible operator" , of a vehicle, means a person nominated as a
responsible operator for the vehicle under the
Transport Operations (Road Use Management) Act 1995 , section 170 .
"search warrant" see section 71 .
"securities" includes— (a) annuities; and
(b) debentures; and
(c) stocks;
and
(d) bonds; and
(e) shares; and
(f) marketable securities; and
(g)
units of— (i) shares; or
(ii) marketable securities; or
(iii) interests
prescribed under a regulation.
"service contract" see section 10A (1) .
"service contractor" see section 10A (1) .
"service subcontract" see section 10B (2) .
"service subcontractor" see section 10B (1) .
"SMS" means short messaging service.
"sold vehicle declaration" , for an offence involving a vehicle, means a
statutory declaration, or an online declaration under the
Transport Operations (Road Use Management) Act 1995 , section 114 (4) (b) ,
stating facts establishing the owner had sold or otherwise disposed of the
vehicle before the relevant time and was not in charge of the vehicle at that
time, including— (a) the name and address of the person to whom the vehicle
was sold or disposed of; and
(b) the date and, if relevant, time of the sale
or disposal; and
(c) if an agent made the sale or disposal for the owner, the
name and address of the agent.
"SPER" means the registry established under part 2 .
"SPER debt" , of a person at a particular time, means the total amount the
person must pay to SPER at that time, including, for example, fines and fees
payable under this Act.
"State penalties enforcement register" means the register kept under
section 153 (1) .
"suspend" , a driver licence, includes suspend a person’s eligibility to
apply for or obtain a driver licence.
"third person" means a person, including the State, from whom a debt— (a) is
payable to an enforcement debtor; or
(b) is likely to become payable to an
enforcement debtor.
"threshold amount" , for an infringement notice fine, means the amount,
prescribed under a regulation, at or above which a person may apply to an
administering authority for approval to pay the fine by instalments.
"undeducted amount" see section 88 .
"unknown user declaration" , for an offence involving a vehicle, means a
statutory declaration, or an online declaration under the
Transport Operations (Road Use Management) Act 1995 , section 114 (4) (b) ,
stating— (a) if the owner is— (i) an individual—the owner was not in
charge of the vehicle at the relevant time; or
(ii) a corporation—the
vehicle was not being used for the corporation at the relevant time; and
(b)
the person making the declaration has not been able to find out who was in
charge of the vehicle at the relevant time; and
(c) the nature of the
inquiries made to find out the name and address of the person in charge of the
vehicle at the relevant time.
"unpaid work" means— (a) if a person’s approved sponsor is the department
in which the Corrective Services Act 2006 is administered—the community
service offered to the person by that department; or
(b) otherwise—an
activity, prescribed by regulation, that is performed by a person without pay.
"vehicle" includes a boat.
"vehicle insurance policy" see section 108 (4) .
"WDO eligible amount" see section 32F .
"wheelchair" see the Transport Operations (Road Use Management) Act 1995 ,
schedule 4 .
"wheeled recreational device" see the
Transport Operations (Road Use Management) Act 1995 , schedule 4 .
"work and development order" see section 32G (1) .
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