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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Fines Enforcement and Recovery)
Bill 2013
A BILL FOR
An Act to amend the Correctional
Services Act 1982; the Courts
Administration Act 1993; the Criminal
Law (Sentencing) Act 1988; the Cross-border
Justice Act 2009; the Expiation
of Offences Act 1996; the Fisheries
Management Act 2007; the Magistrates
Court Act 1991; the Motor
Vehicles Act 1959; the Summary
Procedure Act 1921; the Victims
of Crime Act 2001; and the Young
Offenders Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment of Correctional
Services Act 1982
4Amendment of section 74AA—Board may impose
community service for breach of conditions
Part 3—Amendment of Courts
Administration Act 1993
5Amendment of section 21A—Non-judicial
court staff
Part 4—Amendment of Criminal Law
(Sentencing) Act 1988
6Amendment of section
3—Interpretation
7Amendment of section 13—Order for payment
of pecuniary sum not to be made in certain circumstances
8Amendment of
section 47—Special provisions relating to community service
9Amendment of
section 56A—Appointment of authorised officers
10Insertion of section
56B
56BPreliminary
11Substitution of Part 9
Division 3
Division
3—Enforcement of pecuniary sums
Subdivision 1—Preliminary
60Interpretation
61Amounts due under expiation notices may be treated
as part of pecuniary sum
62Enforcement against
youths
63Service of
notices etc
Subdivision 2—Fines Enforcement and
Recovery Officer
64Fines
Enforcement and Recovery Officer
65Delegation
Subdivision 3—Payment of pecuniary
sums
66Pecuniary sum is payable
within 28 days
67Payment of pecuniary sum to Fines Enforcement and
Recovery Officer
68Payment by credit card
etc
69Amounts unpaid or unrecovered
for more than certain period
70Arrangements as to manner and
time of payment
70AMinister may declare amnesty from payment of costs,
fees and charges
70BInvestigation of debtor's financial
position
70CPower to
require information
70DDisclosure of information to prescribed interstate
authority
70EPower to
require identification
70FPublication of names of debtors who cannot be
found
70GCharge on
land
70HReminder
notice
70IEnforcement
actions
Subdivision 4—Powers
relating to enforcement action
70JAggregation of pecuniary sums for the purposes of
enforcement
70KSeizure and sale of
assets
70LGarnishment
70MSuspension of driver's
licence
70NRestriction on transacting business with Registrar
of Motor Vehicles
70OClamping or impounding of
vehicle
70PPower to dispose of
uncollected seized vehicles
70QPublication of names of debtors subject to
enforcement action
70RCosts
70SLiability
70TFines Enforcement and Recovery Officer may be
assisted by others
Subdivision 5—Failure
of enforcement process
70UCommunity service orders
12Amendment of
section 71—Community service orders may be enforced by
imprisonment
13Amendment of section 72—Identification
of authorised officers
14Amendment of section 72A—Hindering
authorised officer or assistant
15Amendment of section
75—Regulations
16Transitional provisions
Part 5—Amendment of Cross-border
Justice Act 2009
17Amendment of section 120—Terms used in
this Part
Part 6—Amendment of Expiation of
Offences Act 1996
18Amendment of section
4—Interpretation
19Amendment of section 6—Expiation
notices
20Amendment of section 7—Payment by
card
21Amendment of section 8—Alleged offender
may elect to be prosecuted etc
22Amendment of section 8A—Review of
notices on ground that offence is trifling
23Substitution of sections 9 and
10
9Arrangements as to manner and
time of payment
24Amendment of section 11—Expiation
reminder notices
25Amendment of section 11A—Expiation
enforcement warning notices
26Substitution of sections 12
to 14
12Late
payment
13Enforcement
determinations
14Review of enforcement determinations by
Court
14AEnforcement actions by Fines
Enforcement and Recovery Officer
14BAmounts unpaid or
unrecovered for more than certain period
27Amendment of section
15—Effect of expiation
28Amendment of section 16—Withdrawal of
expiation notices
29Amendment of section 17—Application of
payments
30Substitution of sections 18, 18A and
18B
18Provision of
information
18AMinister may declare amnesty from payment of
costs, fees and charges
18BInvestigation of alleged offender's financial
position
18CPower to
require information
18DDisclosure of information to prescribed interstate
authority
18EPower
to require identification
31Amendment of section
20—Regulations
32Transitional
provisions
Part 7—Amendment of Fisheries
Management Act 2007
33Amendment of section 104—Demerit points
for certain offences
34Amendment of section
108—Disqualification etc and discounting of demerit points
Part 8—Amendment of Magistrates
Court Act 1991
35Amendment of section 7A—Constitution of
Court
36Amendment of section 9A—Petty Sessions
Division
37Amendment of section 12—Administrative
and ancillary staff
38Repeal of section 13A
Part 9—Amendment of Motor Vehicles
Act 1959
39Amendment of section
5—Interpretation
40Amendment of section 9—Duty to
register
41Amendment of section 85—Procedures for
suspension, cancellation or variation of licence or permit
42Amendment of
section 93—Notice to be given to Registrar
43Amendment of section
98B—Demerit points for offences in this State
44Amendment of section
102—Duty to insure against third party risks
45Amendment of section
145—Regulations
Part 10—Amendment of Summary
Procedure Act 1921
46Amendment of section 189A—Costs payable
by defendant in certain criminal proceedings
Part 11—Amendment of Victims of
Crime Act 2001
47Amendment of section 28—Right of
Attorney-General to recover money paid out from offender etc
48Amendment of
section 32—Imposition of levy
Part 12—Amendment of Young Offenders
Act 1993
49Amendment of section 49A—Restrictions
on performance of community service and other work orders
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Fines Enforcement and
Recovery) Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Correctional Services
Act 1982
4—Amendment
of section 74AA—Board may impose community service for breach of
conditions
Section 74AA(4)(d)—delete "8" and substitute:
7.5
Part 3—Amendment
of Courts Administration
Act 1993
5—Amendment
of section 21A—Non-judicial court staff
Section 21A(1)(ab)—delete paragraph (ab)
Part 4—Amendment
of Criminal Law (Sentencing)
Act 1988
6—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of authorised officer,
(b)—delete paragraph (b) and substitute:
(b) the Fines Enforcement and Recovery Officer; or
(2) Section 3(1), definition of authorised officer,
(e)—delete "by the Administrator"
(3) Section 3(1)—after the definition of court
insert:
debtor means the person by whom a pecuniary sum is
payable;
(4) Section 3(1)—after the definition of ERD Court
insert:
Fines Enforcement and Recovery Officer means the Fines
Enforcement and Recovery Officer under Part 9 Division 3;
(5) Section 3(1), definition of the Manager, Penalty
Management or the Manager—delete the
definition
7—Amendment
of section 13—Order for payment of pecuniary sum not to be made in certain
circumstances
Section 13(1a) and (2)—delete subsections (1a) and (2) and
substitute:
(2) Subject to
subsection (3),
the court is not obliged to inform itself as to the defendant's means, but it
should consider any evidence on the subject that the defendant or the prosecutor
has placed before it.
(3) In considering
whether the defendant would be able to comply with the order, the court should
have regard to—
(a) the fact that the defendant could enter into an arrangement under
Part 9 Division 3; and
(b) any information available to the court as to other pecuniary sums that
have been paid, or are payable, by the defendant.
8—Amendment
of section 47—Special provisions relating to community
service
(1) Section 47(1)(a)—delete "16" and substitute:
15
(2) Section 47(1)(a) and (b)—delete "320" wherever occurring and
substitute in each case:
300
(3) Section 47(1)(f)—delete "eight" and substitute:
7.5
9—Amendment
of section 56A—Appointment of authorised officers
(1) Section 56A—before subsection (1) insert:
(a1) The Minister may appoint persons (including members of the staff of
the State Courts Administration Authority) as authorised officers for the
purposes of the enforcement of pecuniary sums under this Act.
(2) Section 56A(2)—delete "subsection (1)" and substitute:
this section
(3) Section 56A(3)—delete "Administrator" and substitute:
Minister or Administrator (as the case requires)
Before section 57 insert:
56B—Preliminary
Unless the contrary intention appears, a reference in this Division
to—
(a) a probationer includes a reference to a debtor who has
entered into a bond under Part 9 Division 3 Subdivision 5;
and
(b) a probative court includes a reference to a court that
made an order pursuant to which a debtor entered into a bond under Part 9
Division 3 Subdivision 5.
11—Substitution
of Part 9 Division 3
Part 9 Division 3—delete Division 3 and substitute:
Division 3—Enforcement of pecuniary
sums
Subdivision 1—Preliminary
60—Interpretation
(1) In this Division—
clamp, in relation to a vehicle, means immobilise the vehicle
by means of wheel clamps (and clamped has a corresponding
meaning);
clamping or impounding period means the period for which a
vehicle is liable to remain clamped or impounded in accordance with a
determination under
section 70O(1);
Court means—
(a) in relation to a debtor who is a youth—the Youth
Court;
(b) in any other case—the Magistrates Court;
drive includes ride;
driver's licence includes a learner's permit;
land means, according to the context—
(a) land as a physical entity, including—
(i) any building or structure on, or improvement to, land (whether affixed
to the land or not); or
(ii) land covered by water and, in such a case, the overlying water;
or
(iii) a lot under the Community
Titles Act 1996 or a unit under the Strata
Titles Act 1988; or
(b) a legal estate or interest in, or right in respect of, land;
ordinary business hours means the hours between 9 am and
5 pm on any day other than a Saturday, Sunday or public holiday;
person entitled to custody of a vehicle
means—
(a) an owner of the vehicle; or
(b) a person authorised by an owner of the vehicle to take custody of the
vehicle; or
(c) a person legally entitled to possession of the vehicle;
protected person has the same meaning as in the Intervention
Orders (Prevention of Abuse) Act 2009;
public sector agency has the same meaning as in the Public
Sector Act 2009;
registered owner of a vehicle means a person recorded in a
register kept under the
Motor
Vehicles Act 1959 or the law of another State or Territory of the
Commonwealth as an owner of the vehicle;
road has the same meaning as in the Motor
Vehicles Act 1959.
(2) For the purposes of this Division—
(a) enforcement action includes any action that may be taken
by the Fines Enforcement and Recovery Officer in accordance with a determination
under
section 70I
or a penalty enforcement order made under this Act as in force before the
commencement of section 11 of the Statutes
Amendment (Fines Enforcement and Recovery) Act 2013; and
(b) a debtor is subject to a suppression order if a
suppression order forbidding publication of the debtor's name was made in the
proceedings in which the pecuniary sum was imposed on the debtor and the order
has not subsequently been revoked.
(3) Unless the contrary intention appears, a reference in this Division to
a pecuniary sum includes a reference to—
(a) the amount outstanding of such a sum or, if a number of pecuniary sums
have been aggregated, the amount outstanding of the aggregated sums;
and
(b) any fees, charges or other amounts which are, in accordance with this
Division, added to and form part of such a sum.
61—Amounts due under expiation notices may be
treated as part of pecuniary sum
(1) Subject to this
section, the Fines Enforcement and Recovery Officer may, at the request of a
debtor who owes a pecuniary sum and has an amount due under an expiation notice
(an expiation amount) make a determination under this section (an
aggregation determination).
(2) On the making of an aggregation determination the expiation amount
will be taken to be part of the pecuniary sum owed by the debtor.
(3) Any enforcement
determination under the Expiation
of Offences Act 1996 made in relation to the expiation amount is
suspended on the making of an aggregation determination.
(4) For the purposes of
section 69, an
expiation fee that is subject to an aggregation determination is taken to be a
pecuniary sum imposed by order of a court and the 28 day period referred to
in
section 66 is
taken to have ended on the day on which the expiation period ended under the
Expiation
of Offences Act 1996.
(5) The Fines
Enforcement and Recovery Officer may revoke an aggregation determination at any
time by notice in writing given to the debtor (and must revoke the determination
at the request of the debtor).
(6) A revocation takes effect 7 days from (and including) the day on
which the notice referred to in
subsection (5)
was given to the debtor.
(7) On the revocation of an aggregation determination under
subsection (5)—
(a) the remaining expiation amount must be determined by the Fines
Enforcement and Recovery Officer, taking into account—
(i) any deductions that should be made on account of amounts that have
been paid by or recovered from the debtor since the making of the determination;
and
(ii) any additions that should be made on account of amounts that have
accrued in accordance with
section 69 since the
making of the determination; and
(b) the remaining expiation amount so determined will no longer be taken
to be part of the pecuniary sum; and
(c) any enforcement determination that was suspended under
subsection (3)
comes back into force (and the Expiation
of Offences Act 1996 applies to the remaining expiation amount as
if the aggregation determination had not been made).
62—Enforcement against youths
This Division applies to a debtor who is a youth (ie, a person who was
under the age of 18 years at the time when the offence in respect of which
the pecuniary sum was imposed was committed) but an additional power exists for
the youth or the Fines Enforcement and Recovery Officer to apply, at any time,
to the Youth Court for the making of a community service order in respect of the
youth (as if
Subdivision 5 applied
in respect of the pecuniary sum).
63—Service of notices etc
(1) A notice, determination or other document required or authorised to be
given or served under this Division may be given or served personally or by
post.
(2) If—
(a) the Fines Enforcement and Recovery Officer is required under any
provision of this Division to give to or serve on a debtor a notice,
determination or other document; and
(b) the whereabouts of the debtor cannot, after reasonable enquiries, be
ascertained,
the following provisions apply:
(c) subject to
paragraph (d),
the Fines Enforcement and Recovery Officer must instead publish details of the
notice, determination or other document on a website determined by the Fines
Enforcement and Recovery Officer (and on publishing such details the Fines
Enforcement and Recovery Officer will, for the purposes of this Division, be
taken to have given the debtor, or served the debtor with, the notice,
determination or document);
(d) if the debtor
is a youth, is subject to a suppression order or is a protected person, the
requirement to give the debtor, or serve the debtor with, the notice,
determination or other document does not apply but—
(i) the Fines Enforcement and Recovery Officer may cause details of the
notice, determination or other document to be provided to the debtor by any
other means reasonably available that do not involve public disclosure of the
debtor's name; and
(ii) on providing such details the Fines Enforcement and Recovery Officer
will, for the purposes of this Division, be taken to have given the debtor, or
served the debtor with, the notice, determination or document.
Subdivision 2—Fines Enforcement and Recovery
Officer
64—Fines Enforcement and Recovery
Officer
(1) There is to be a Fines Enforcement and Recovery
Officer.
(2) The Fines Enforcement and Recovery Officer will be a person employed
in the Public Service of the State.
(3) The Fines Enforcement and Recovery Officer may, in addition to
carrying out functions and exercising powers under this Act, carry out any other
functions, or exercise any other powers, assigned to the Fines Enforcement and
Recovery Officer by or under any other Act or law or by the Minister.
(4) If the Fines Enforcement and Recovery Officer carries out functions
under any Act on behalf of a public sector agency, Local Government agency or
other person or body, the Fines Enforcement and Recovery Officer may charge the
agency, person or body a fee of such amount as may be agreed between the Fines
Enforcement and Recovery Officer and the agency, person or body.
65—Delegation
(1) The Fines Enforcement and Recovery Officer may, by instrument in
writing, delegate a power or function under this Act or any other
Act—
(a) to a particular person or committee; or
(b) to the person for the time being performing particular duties or
holding or acting in a particular position.
(2) A power or function delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the delegator to act personally in
a matter; and
(c) is revocable at will.
Subdivision 3—Payment of pecuniary
sums
66—Pecuniary sum is payable within 28
days
Subject to any arrangement under
section 70, a
pecuniary sum imposed by order of a court is payable within 28 days from
(and including) the day on which the order was made.
67—Payment of pecuniary sum to Fines Enforcement
and Recovery Officer
(1) A pecuniary sum is payable as follows (despite the fact that the order
is in favour of some person):
(a) to the Fines Enforcement and Recovery Officer; or
(b) to any agent appointed by the Fines Enforcement and Recovery Officer
for the purpose.
(2) On receipt of the whole or part of a pecuniary sum, the Fines
Enforcement and Recovery Officer must pay the amount received as
follows:
(a) firstly, if a VIC levy is payable by the defendant, then into the
Victims of Crime Fund in satisfaction of that levy; and
(b) secondly, if the sentencing court has ordered the defendant to pay any
amount by way of compensation or restitution to a particular person, then to
that person in satisfaction of that amount; and
(c) thirdly, if any costs are payable to a party to the proceedings, then
in satisfaction of those costs; and
(d) fourthly, if any other money is payable under the order of the court
to the complainant, then to the complainant; and
(e) fifthly, according to the directions of any other Act or, if no other
Act contains directions as to payment, then to Treasury.
68—Payment by credit card etc
A pecuniary sum may be paid by using a credit card, charge card or debit
card if facilities for their use are available in relation to the payment to be
made.
69—Amounts unpaid or unrecovered for more than
certain period
(1) Subject to
subsection (2),
if any part of a pecuniary sum imposed by order of a court
remains—
(a) unpaid by the debtor under this Subdivision; or
(b) unrecovered from the debtor under Subdivision 4,
on the expiration of the 28 day period referred to in
section 66 an amount
prescribed by, or calculated in accordance with, the regulations is added to,
and forms part of, the pecuniary sum payable by the debtor.
(2) The Fines
Enforcement and Recovery Officer may, in such circumstances as he or she thinks
just, waive payment of the whole or any part of an amount payable by a debtor in
accordance with this section.
70—Arrangements as to manner and time of
payment
(1) Subject to this
section, a debtor who pays to the Fines Enforcement and Recovery Officer the
prescribed fee—
(a) may, at any
time during the 28 day period referred to in
section 66, enter into
an arrangement with the Fines Enforcement and Recovery Officer for payment of a
pecuniary sum by instalments over a period determined by the Fines Enforcement
and Recovery Officer (being not more than 12 months from the date on which
the arrangement is entered into); or
(b) if the Fines
Enforcement and Recovery Officer agrees, may enter into some other kind of
arrangement with the Fines Enforcement and Recovery Officer for payment of a
pecuniary sum in accordance with
subsection (3).
(2) An arrangement for payment by instalments referred to in
subsection (1)(a)
must provide for instalments to be paid to the Fines Enforcement and Recovery
Officer by direct debits by or through some other person or agency (eg,
deductions from an ADI account or wages).
(3) Other kinds of
arrangements under this section may consist of or include—
(a) payment by instalments (including instalments paid over a period
exceeding 12 months);
(b) an extension of time to pay;
(c) the taking of a charge over land;
(d) the surrender of property to the Fines Enforcement and Recovery
Officer;
(e) payment of any amount, including by direct credit, by or through some
other person or agency (eg, deductions from an ADI account or wages);
(f) any other form of arrangement agreed by the Fines Enforcement and
Recovery Officer and the debtor.
(a) a debtor has
previously been subject to enforcement action under this Division (whether in
relation to the same, or a different, pecuniary sum); or
(b) a debtor is an undischarged bankrupt or is subject to a composition or
deed or scheme of arrangement with or for the benefit of creditors; or
(c) a debtor is of a class prescribed by the regulations,
the Fines Enforcement and Recovery Officer may—
(d) refuse to enter into an arrangement under this section, or a
particular type of arrangement under this section, with the debtor; or
(e) require the debtor to provide an irrevocable authority to obtain (in
accordance with any prescribed requirements) financial and contact information
about the debtor from any Commonwealth, State or Local Government agency, any
ADI or an employer of the debtor; or
(f) require the debtor to provide security or obtain guarantees (as the
Fines Enforcement and Recovery Officer thinks fit).
(5) An arrangement
under this section may be varied by agreement between the debtor and the Fines
Enforcement and Recovery Officer.
(6) If an arrangement is entered into or varied under this section, the
Fines Enforcement and Recovery Officer must give a copy of the arrangement or
varied arrangement (as the case requires) to the debtor.
(7) For the purposes of entering into, or varying, an arrangement, any
number of pecuniary sums payable by the debtor may be aggregated.
(8) If a debtor fails to comply with an arrangement under this section and
the failure has endured for 14 days, the arrangement terminates.
70A—Minister may declare amnesty from payment of
costs, fees and charges
(1) The Minister
may from time to time declare an amnesty from the payment of the whole or any
part of 1 or more of the following:
(a) costs, fees and other charges under this Division;
(b) costs and fees under Part 9 Division 3 of the Act as in force
immediately before the commencement of section 11 of the Statutes
Amendment (Fines Enforcement and Recovery) Act 2013.
(2) An amnesty—
(a) must be declared by notice in the Gazette; and
(b) applies—
(i) in relation to a debtor, or a class of debtors; and
(ii) to the extent,
specified in the notice; and
(c) is subject to the terms and conditions (if any) set out in the
notice.
(3) The Minister may vary or revoke the declaration of an amnesty under
subsection (1)
by notice in the Gazette.
70B—Investigation of debtor's financial
position
(1) The Fines
Enforcement and Recovery Officer may, at any time, investigate a debtor's means
of satisfying a pecuniary sum and may give a written notice to a person
requiring the person to produce to the Fines Enforcement and Recovery Officer,
within a period stated in the notice, documents or other material relevant to
the investigation.
(2) A person who, without reasonable excuse (proof of which lies on the
person), refuses or fails to comply with a requirement under this section is
guilty of an offence.
Maximum penalty: $10 000.
70C—Power to require
information
(1) If a public sector agency is in possession of a debtor's contact
details, the agency must, on request from the Fines Enforcement and Recovery
Officer, provide those details to the Fines Enforcement and Recovery
Officer.
(2) This section does not apply to a public sector agency excluded from
the application of this section by the regulations.
70D—Disclosure of information to prescribed
interstate authority
The Fines Enforcement and Recovery Officer may disclose prescribed
particulars of a debtor to a prescribed interstate authority.
70E—Power to require
identification
(1) An authorised officer may require a person who the officer has
reasonable cause to suspect may be a debtor to produce evidence of the person's
identity.
(2) A person who, without reasonable excuse (proof of which lies on the
person), refuses or fails to comply with a requirement under this section is
guilty of an offence.
Maximum penalty: $10 000.
70F—Publication of names of debtors who cannot be
found
(1) If the
whereabouts of a debtor cannot, after reasonable enquiries, be ascertained, the
Fines Enforcement and Recovery Officer may cause a notice to be published on a
website determined by the Fines Enforcement and Recovery Officer, and in such
other manner (if any) as he or she thinks fit, seeking information as to the
debtor's whereabouts.
(2) A notice under
subsection (1)—
(a) must be in a form determined by the Fines Enforcement and Recovery
Officer; and
(b) must not include any information relating to the debtor other than the
debtor's—
(i) actual name and any assumed name; and
(ii) last known and former addresses; and
(iii) date of birth.
(3) However, a notice cannot be published under this section in relation
to a debtor if the debtor is—
(a) a youth; or
(b) subject to a suppression order; or
(c) a protected person.
70G—Charge on land
(1) The Fines
Enforcement and Recovery Officer may, at any time, apply to the
Registrar-General in the form determined by the Registrar-General to register a
charge over land owned (whether solely or as a co-owner) by the debtor for the
amount of the pecuniary sum outstanding from time to time.
(2) On receipt of an
application under
subsection (1), the
Registrar-General must enter an appropriate note in the Register Book and, when
that entry is made, a charge is created over the land in favour of the
Crown.
(3) The effect of
the charge is as follows:
(a) the
Registrar-General must not, after entry of the note under
subsection (2),
register an instrument affecting the land over which the charge exists
unless—
(A) was executed before the entry was made; or
(B) has been executed under or pursuant to an agreement entered into
before the entry was made; or
(C) relates to an instrument registered before the entry was made;
or
(ii) the instrument
is an instrument of a prescribed class; or
(iii) the instrument is expressed to be subject to the operation of the
charge; or
(iv) the instrument
is a duly stamped conveyance that results from the exercise of a power of sale
under a mortgage, charge or encumbrance registered before the entry was made;
and
(b) the Fines Enforcement and Recovery Officer (on behalf of the Crown)
has the same powers in respect of the land over which the charge exists as are
given by the Real
Property Act 1886 to a mortgagee under a mortgage in respect of
which default has been made in payment of money secured by the
mortgage.
(4) An instrument registered under
subsection (3)(a)(i)
or
(ii) has effect, in
relation to the charge, as if it had been registered before the entry was
made.
(5) If an instrument is registered under
subsection (3)(a)(iv),
the charge will be taken to be cancelled by the registration of the instrument
and the Registrar-General must take whatever action the Registrar-General
considers appropriate to give effect to the cancellation.
(6) The Fines Enforcement and Recovery Officer will apply to the
Registrar-General, in the form determined by the Registrar-General, to have the
registration of a charge under this section cancelled—
(a) on the pecuniary sum being fully satisfied; or
(b) if the Fines Enforcement and Recovery Officer considers, in the
circumstances of the particular case, that it is just to do so,
(and the Registrar-General must then cancel the relevant entry).
(7) Any fees incurred in relation to registration (or cancellation of
registration) under this section are added to and form part of the pecuniary
sum.
70H—Reminder notice
(1) If, at the end
of the 28 day period from the making of an order imposing a pecuniary sum,
the debtor has not paid the pecuniary sum or entered into an arrangement under
this Subdivision in respect of the sum, the Fines Enforcement and Recovery
Officer must cause a reminder notice to be given to the debtor.
(2) A reminder notice must—
(a) be in a form determined by the Fines Enforcement and Recovery Officer;
and
(b) contain information as to the enforcement action that can be taken
against the debtor in the event of continued default.
(3) Subject to
subsection (4),
a prescribed reminder notice fee will be added to and form part of the pecuniary
sum in respect of which the notice is issued.
(4) The Fines
Enforcement and Recovery Officer may, in such circumstances as he or she thinks
just, waive payment of a reminder notice fee.
70I—Enforcement actions
(1) If—
(a) a debtor has not, within 14 days of (and including) the date on
which a reminder notice relating to a pecuniary sum was given to the debtor in
accordance with
section 70H, paid the
sum or entered into an arrangement under
section 70 in respect
of the sum; or
(b) an arrangement under
section 70 has
terminated,
the Fines Enforcement and Recovery Officer may determine, at any time, in
his or her absolute discretion, to do any of the following:
(c) enter into an arrangement, or further arrangement, with the debtor
under
section 70(1)(b);
(d) exercise any 1 or more of the powers under
Subdivision 4 or
Subdivision 5;
(e) waive payment of the pecuniary sum or any part of the pecuniary
sum.
(2) If the Fines Enforcement and Recovery Officer determines to waive
payment of any part of a pecuniary sum that includes an amount of compensation,
the Fines Enforcement and Recovery Officer must take reasonable action to notify
the person to whom the compensation is payable and that person may then recover
the amount of the compensation as a debt from the debtor.
Subdivision 4—Powers relating to enforcement
action
70J—Aggregation of pecuniary sums for the purposes
of enforcement
Any number of pecuniary sums owed by a debtor may be aggregated for the
purposes of exercising powers under this Subdivision.
70K—Seizure and sale of assets
(1) The Fines Enforcement and Recovery Officer may, by written
determination, determine to sell the debtor's land or personal property to
satisfy a pecuniary sum.
(2) A determination under this section authorises the Fines Enforcement
and Recovery Officer to—
(a) enter any land
(using such force as may be necessary) on which the Fines Enforcement and
Recovery Officer reasonably suspects personal property of the debtor is
situated; and
(b) seize and remove any personal property found on land referred to in
paragraph (a)
that apparently belongs (wholly or partly) to the debtor; and
(c) affix clamps or any other locking device to any vehicle that is to be
seized and removed from land referred to in
paragraph (a) in
order to secure the vehicle until it can be so seized and removed; and
(d) seize and remove any documents evidencing the debtor's title to any
real or personal property; and
(e) place and keep any such personal property or documents in safe custody
until completion of sale; and
(f) sell real or personal property owned (whether solely or as a co-owner)
by the debtor.
(3) However—
(a) powers under this section may not be exercised in relation to personal
property, or property of a class, prescribed by the regulations; and
(b) this section does not authorise the sale of land unless the amount of
the pecuniary sum exceeds $10 000; and
(c) any amount realised from the sale of the debtor's real or personal
property in excess of the pecuniary sum owed by a debtor must be paid to the
debtor by the Fines Enforcement and Recovery Officer.
(4) The Fines Enforcement and Recovery Officer may exercise powers under
this section in the absence of, and without prior notice to, the
debtor.
(5) When property is seized or removed from land, a copy of the written
determination under this section and a notice listing the property
seized—
(a) must be given
personally to the debtor or to any other person apparently in charge of the land
and apparently of or over the age of 16 years; or
(b) if
paragraph (a)
cannot be complied with, must be left in or attached to a conspicuous place on
the land.
(6) The Fines Enforcement and Recovery Officer may, if he or she thinks
fit, leave a debtor in possession of property until it is sold pursuant to the
order for sale.
(7) If property that has been seized is left in the debtor's possession
pending sale, the debtor must not, except with the written approval of the Fines
Enforcement and Recovery Officer, cause, permit or allow the property to be
removed from the debtor's possession or to be sold or offered for
sale.
Maximum penalty: $2 500.
(8) If a vehicle has been seized but left in the debtor's possession
pending sale, the debtor must not, except with the written approval of the Fines
Enforcement and Recovery Officer, drive the vehicle on a road.
Maximum penalty:
(a) $2 500; or
(b) disqualification from holding or obtaining a driver's licence for a
period (of whole months only) not exceeding 6 months.
(9) A person must not interfere in any way—
(a) with any written determination attached by the Fines Enforcement and
Recovery Officer to seized property left in a debtor's possession signifying
that the property has been seized; or
(b) with the means by which a vehicle has been immobilised pursuant to
this section.
Maximum penalty: $2 500.
(10) Property seized under this section cannot be sold until 14 days
have elapsed from (and including) the day on which it was seized.
(11) If—
(a) the debtor or any other person claims that property seized under this
section is not liable to seizure and sale under this section; or
(b) a person (other than the debtor) claims an interest in property seized
under this section,
the Court may, if satisfied, on application by the debtor or other person,
of the validity of the claim—
(c) exclude the property from the sale; or
(d) direct the application of the proceeds of the sale of the property in
such manner as the Court considers just.
(12) A sale of land or tangible property under this section is to be
conducted in a manner determined by the Fines Enforcement and Recovery
Officer.
(13) If land is
sold in pursuance of this section, an instrument of transfer or conveyance (as
appropriate) signed by the Fines Enforcement and Recovery Officer will, on
registration, operate to vest title to the land in the purchaser.
(14) The title vested in a purchaser under
subsection (13)
will be free of—
(a) all mortgages and charges; and
(b) except in the case of land held from the Crown under lease, licence or
agreement to purchase—all leases and licences.
(15) An instrument of transfer or conveyance in pursuance of a sale under
this section must, when lodged with the Registrar-General for registration, be
accompanied by a statutory declaration made by the Fines Enforcement and
Recovery Officer stating that the requirements of this section in relation to
the sale of the land have been observed.
(16) If it is not reasonably practicable to obtain the duplicate
certificate of title to land that is sold in pursuance of this section (or other
relevant instrument), the Registrar-General may register a transfer or
conveyance despite the non-production of the duplicate (or instrument), but in
that event will cancel the existing certificate of title for the land and issue
a new certificate in the name of the transferee.
(17) Where any part of the debtor's property consists of intangible
property, the Fines Enforcement and Recovery Officer may sign any transfer or do
anything else necessary to convert that property into money as if the Fines
Enforcement and Recovery Officer were the debtor.
(18) If the proceeds from a sale of property under this section exceed the
amount necessary to satisfy the pecuniary sum owed by the debtor, the amount
remaining after deduction of the pecuniary sum from the proceeds must be
returned to the debtor.
(19) If the Fines Enforcement and Recovery Officer determines not to sell
any personal property seized under this section, the property must be returned
to the debtor or left at the land from which it was seized.
70L—Garnishment
(1) The Fines
Enforcement and Recovery Officer may, by written determination, provide
that—
(a) money owing or accruing to a debtor from a third person; or
(b) money of the debtor in the hands of a third person (including money in
an ADI account),
be attached to satisfy a pecuniary sum owed by the debtor.
(2) A determination under this section may authorise the garnishee to
retain from the money subject to the attachment a reasonable sum, fixed by the
written determination, as compensation for the garnishee's expenses in complying
with the determination.
(3) The Fines
Enforcement and Recovery Officer must cause a copy of a written determination
under this section to be given to the debtor and the garnishee.
(4) A garnishee must comply with a determination under this
section.
Maximum penalty: $10 000.
(5) If the garnishee does not comply with a determination under this
section, the garnishee becomes personally liable for payment to the Fines
Enforcement and Recovery Officer of the amount subject to attachment.
(6) If, because a determination has been made under this section in
relation to an employee, the employer—
(a) dismisses the employee; or
(b) injures the employee in employment; or
(c) alters the employee's position to the employee's prejudice,
the employer is guilty of an offence.
Maximum penalty: $10 000.
(7) A reference in this section to a third person includes
the Crown or any person or body holding money on behalf of the Crown.
70M—Suspension of driver's
licence
(1) The Fines
Enforcement and Recovery Officer may, by written determination, suspend a
debtor's driver's licence (and such a determination may be issued despite the
fact that the debtor is currently disqualified from holding or obtaining a
licence).
(2) The Fines Enforcement and Recovery Officer must —
(a) cause a copy of the written determination under
subsection (1)
to be given to the debtor; and
(b) notify the Registrar of Motor Vehicles of the determination.
(3) A licence
suspension under this section—
(a) takes effect 14 days from (and including) the day on which the
determination under
subsection (1)
was given to the debtor; and
(b) may be
cancelled by the Fines Enforcement and Recovery Officer by written determination
(provided that the Fines Enforcement and Recovery Officer must make such a
written determination if all pecuniary sums owed by the debtor are paid in
full).
(4) If the Fines Enforcement and Recovery Officer makes a determination
under
subsection (3)(b)—
(a) the Fines Enforcement and Recovery Officer must notify the Registrar
of Motor Vehicles of the determination; and
(b) the licence suspension continues in operation until the Registrar of
Motor Vehicles is so notified.
70N—Restriction on transacting business with
Registrar of Motor Vehicles
(1) The Fines
Enforcement and Recovery Officer may, by written determination, impose a
prohibition on the debtor transacting any business with the Registrar of Motor
Vehicles.
(2) The Fines
Enforcement and Recovery Officer must—
(a) cause a copy of the written determination under
subsection (1)
to be given to the debtor; and
(b) notify the Registrar of Motor Vehicles of the determination.
(3) A prohibition
under this section—
(a) takes effect on the Registrar of Motor Vehicles being notified under
subsection (2);
and
(b) may be
cancelled by the Fines Enforcement and Recovery Officer by written determination
(provided that the Fines Enforcement and Recovery Officer must make such a
written determination if all pecuniary sums owed by the debtor are paid in
full).
(4) If the Fines Enforcement and Recovery Officer makes a determination
under
subsection (3)(b)—
(a) the Fines Enforcement and Recovery Officer must notify the Registrar
of Motor Vehicles of the determination; and
(b) the prohibition continues in operation until the Registrar of Motor
Vehicles is so notified.
(5) The effect of a
prohibition under this section is that, while the prohibition continues in
operation, the Registrar of Motor Vehicles will not process any application made
by or on behalf of the debtor, whether the application was made before or after
the prohibition took effect.
(6) However,
subsection (5)
does not apply in relation to an application to transfer the registration of a
vehicle of which the debtor is a registered owner—
(a) to a person who is not a joint registered owner of the vehicle;
or
(b) to a person where the transfer has been ordered by a court.
70O—Clamping or impounding of
vehicle
(1) The Fines
Enforcement and Recovery Officer may, by written determination, determine to
clamp or impound any vehicle that the debtor owns or is accustomed to drive, or
that was used in the commission of an offence to which action under this
Division relates, for a period specified in the determination or until the Fines
Enforcement and Recovery Officer determines to end the clamping or impounding
period under this section.
(2) The Fines Enforcement and Recovery Officer must cause a copy of the
written determination to clamp or impound a vehicle to be given to the debtor
and to each registered owner of the vehicle.
(3) A determination
under this section authorises the Fines Enforcement and Recovery
Officer—
(a) to clamp a vehicle referred to in
subsection (1);
or
(b) to seize such a vehicle for the purpose of clamping or impounding
it.
(4) If a
determination has been made under this section in relation to a vehicle, the
Fines Enforcement and Recovery Officer may do anything reasonably necessary for
the purposes of carrying out functions under this section, including exercising
any of the following powers in relation to the vehicle:
(a) giving an owner
of the vehicle written notice in the prescribed form requiring the owner to
produce the vehicle at a time and place specified in the notice;
(b) entering any place, including a public place, (using such force as may
be necessary) at which the Fines Enforcement and Recovery Officer reasonably
suspects the vehicle is situated and breaking into or opening any garage or
other structure in which the vehicle can be seen to be stored at the
place;
(c) requiring a person to stop the vehicle;
(d) causing a locking device or other feature of the vehicle to be
removed, dismantled or neutralised;
(e) requiring a person to surrender the keys to the vehicle, or starting
the vehicle by other means;
(f) temporarily
affixing clamps or any other locking device to the vehicle on a public road or
in any other place in order to secure the vehicle until it can be seized and
moved;
(g) moving the vehicle to a place determined by the Fines Enforcement and
Recovery Officer and clamping or impounding the vehicle at that place (and, if
the Fines Enforcement and Recovery Officer so determines, subsequently moving
the vehicle to, and clamping or impounding the vehicle at, some other
place);
(h) driving, towing or pushing the vehicle, or moving the vehicle in any
other manner.
(5) A person must not, without reasonable excuse (proof of which lies on
the person), refuse or fail to comply with a notice or requirement under
subsection (4)
Maximum penalty: $2 500 or imprisonment for 6 months.
(6) The Fines
Enforcement and Recovery Officer—
(a) must determine to end the clamping or impounding period if all
pecuniary sums owed by the debtor are paid in full; and
(b) may determine to end the clamping or impounding period at any other
time in his or her absolute discretion.
(7) At the end of the clamping or impounding period, the Fines Enforcement
and Recovery Officer may—
(a) remove the clamps; or
(b) release the vehicle, including to a person who applies for release of
the vehicle and satisfies the Fines Enforcement and Recovery Officer that he or
she is entitled to custody of the vehicle.
(8) However, the Fines Enforcement and Recovery Officer is not obliged to
remove clamps from a vehicle or release a vehicle—
(a) outside of ordinary business hours; or
(b) if the Fines Enforcement and Recovery Officer believes that the
removal or release would result in the vehicle being left in the custody of a
person not entitled to custody of the vehicle.
(9) The Fines
Enforcement and Recovery Officer may ask a person questions for the purpose of
carrying out functions under this section, including questions for the purpose
of determining whether a particular vehicle is liable to be clamped or impounded
under this section and questions for the purpose of determining whether a person
who applies for release of a vehicle is entitled to custody of the
vehicle.
(10) A person who—
(a) refuses or fails, without reasonable excuse, to answer a question
under
subsection (9);
or
(b) in response to a question under
subsection (9)
gives an answer that is false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
70P—Power to dispose of uncollected seized
vehicles
(1) Despite this or
any other law, if no person who is entitled to custody of a vehicle that has
been seized and clamped or impounded under
section 70O applies to
the Fines Enforcement and Recovery Officer for release of the vehicle within
28 days of the vehicle ceasing to be liable to be so clamped or impounded,
the Fines Enforcement and Recovery Officer may, subject to this section, dispose
of the vehicle.
(2) A vehicle must
not be disposed of under
subsection (1)
unless, not less than 14 days before the disposal, notice of the
disposal—
(a) was sent by post to—
(i) in the case of a registered vehicle—the registered address of
each registered owner of the vehicle; or
(ii) in any other case—the address of any owner of the vehicle of
which the Fines Enforcement and Recovery Officer is aware; and
(b) was given to each person registered under the Personal Property
Securities Act 2009 of the Commonwealth as a secured party in relation
to a security interest for which the vehicle is collateral; and
(c) was published on a website determined by the Fines Enforcement and
Recovery Officer.
(3) Subject to
subsection (4),
a disposal of a vehicle under this section is to be by sale by public auction or
public tender.
(4) A vehicle may
be disposed of under this section otherwise than by sale if—
(a) the Fines Enforcement and Recovery Officer believes on reasonable
grounds that the vehicle has no monetary value or that the proceeds of the sale
would be unlikely to exceed the costs of the sale; or
(b) the vehicle has been offered for sale and was not sold.
(5) Subject to
subsection (6),
the proceeds of the sale of a vehicle under this section must be dealt with as
follows:
(a) if the debtor is the owner of the vehicle—the proceeds must be
applied towards satisfaction of the pecuniary sum owed and any remaining amount
must be dealt with in accordance with section 7A of the Unclaimed
Moneys Act 1891 as money the owner of which cannot be
found;
(b) in any other case—the proceeds must be dealt with in accordance
with section 7A of the Unclaimed
Moneys Act 1891 as money the owner of which cannot be
found.
(6) If, before the
disposal of a vehicle under this section, a person (other than the debtor)
claims an interest in a vehicle that has been seized and clamped or impounded
under
section 70O
the Court may, if satisfied, on application by the person, of the validity of
the claim direct—
(a) that the vehicle be released into the custody of the person;
or
(b) the application of the proceeds of the sale of the vehicle in such
manner as the Court considers just.
(7) Despite any other Act or law, if a vehicle is sold or otherwise
disposed of under this section—
(a) any interests in the vehicle existing prior to the sale or disposal
are extinguished; and
(b) any purchaser of the vehicle, or of any part of the vehicle, acquires
a good title.
70Q—Publication of names of debtors subject to
enforcement action
(1) The Fines
Enforcement and Recovery Officer may cause a notice to be published on a website
determined by the Fines Enforcement and Recovery Officer, and in such other
manner (if any) as he or she thinks fit, identifying a debtor who is subject to
enforcement action under this Division and specifying the amount of the
pecuniary sum that is payable at the date of the notice.
(2) A notice under
subsection (1)—
(a) must be in a form determined by the Fines Enforcement and Recovery
Officer; and
(b) must not include any identifying information relating to the debtor
other than the debtor's—
(i) actual name and any assumed name; and
(ii) date of birth.
(3) However, a notice cannot be published under this section in relation
to a debtor if the debtor is—
(a) a youth; or
(b) subject to a suppression order; or
(c) a protected person.
(4) The Fines Enforcement and Recovery Officer must remove a notice
published under
subsection (1)
from the website as soon as is reasonably practicable after the debtor has paid
in full the pecuniary sum to which the notice relates.
70R—Costs
Any costs incurred by the Fines Enforcement and Recovery Officer in
relation to the exercise of powers and functions under this Subdivision are
added to and form part of the pecuniary sum owed by the debtor.
70S—Liability
(1) No civil
liability is incurred by the Crown, the Fines Enforcement and Recovery Officer
or a public sector employee (within the meaning of the Public
Sector Act 2009) in respect of the exercise, or purported exercise,
of powers or functions under this Subdivision.
(2) A person—
(a) to whom powers or functions under this Subdivision are delegated by
the Fines Enforcement and Recovery Officer; and
(b) who is not a public sector employee within the meaning of the Public
Sector Act 2009,
does not incur any civil liability in respect of the exercise, or purported
exercise, in good faith of those powers or functions.
70T—Fines Enforcement and Recovery Officer may be
assisted by others
The Fines Enforcement and Recovery Officer or an authorised officer may, in
the exercise of any powers or functions under this Subdivision, be assisted by
such other persons (including a member of the police force) as the Fines
Enforcement and Recovery Officer or authorised officer considers necessary in
the circumstances.
Subdivision 5—Failure of enforcement
process
70U—Community service orders
(1) The Court may,
on application by the Fines Enforcement and Recovery Officer, make a community
service order in relation to a debtor, if the Court is satisfied that the debtor
does not have, and is not likely within a reasonable time to have, the means to
satisfy a pecuniary sum without the debtor or his or her dependants suffering
hardship.
(2) If a community
service order is made by the Court under this section, the following provisions
apply:
(a) the number of
hours of community service to be performed by the debtor is—
(i) if the pecuniary sum is equal to or less than the prescribed
unit—7.5 hours; or
(ii) if the pecuniary sum exceeds the prescribed unit—7.5 hours
for each prescribed unit of the pecuniary sum and for any fraction left after
dividing the sum by that unit, up to a maximum of 500 hours;
(b) the debtor must
not, during the period for which the order applies, leave the State for any
reason except in accordance with the written permission of the Fines Enforcement
and Recovery Officer.
(3) The Fines Enforcement and Recovery Officer must give the debtor a
notice specifying—
(a) the number of hours of community service to be performed in accordance
with
subsection (2)(a);
and
(b) the requirement set out in
subsection (2)(b);
and
(c) any other matter prescribed by regulation.
(4) The requirements specified in
subsection (2)
apply and are enforceable as if they were terms of the order under
subsection (1).
(5) Subject to this section, Part 6 applies to an order for community
service under this section as if it were a sentence of community
service.
(6) Section 47(1)(a)
and (b) do not apply to an order for community service under this
section.
(7) Part 6 of the Young
Offenders Act 1993 applies, with necessary modifications, in
relation to an order under this section made in relation to a youth as if it
were an order for community service under that Act.
(8) The pecuniary sum to which a community service order relates is
reduced by 1 prescribed unit for each 7.5 hours of community service
performed under the order.
(9) If, while a community service order is in force, part of the pecuniary
sum to which it relates is paid, the number of hours of community service to be
performed under the order will be reduced by a proportionate amount.
(10) However, if
the Court, on application by the Fines Enforcement and Recovery Officer at any
time, is satisfied that a person subject to a community service order under this
section has the means to pay a fine without the person or his or her dependants
suffering hardship, the Court may—
(a) revoke the community service order; and
(b) order the restoration of the pecuniary sum in respect of which the
community service order was made (and for the purposes of taking enforcement
action against the person, the pecuniary sum so restored is to be treated as
having been imposed on the day on which the court makes an order under this
paragraph).
(11) In restoring a pecuniary sum under
subsection (10),
the Court must take into account the number of hours of community service (if
any) that the person performed under the revoked community service
order.
12—Amendment
of section 71—Community service orders may be enforced by
imprisonment
(1) Section 71(1)—delete "of a court or authorised
officer"
(2) Section 71(2)(a)—delete "eight" and substitute:
7.5
(3) Section 71(2)(b)—delete "six months" and substitute:
the prescribed period
(4) Section 71—after subsection (9) insert:
(10) In this section—
prescribed period means—
(a) in relation to an order made under
section 70U—12 months;
(b) in any other case—6 months.
13—Amendment
of section 72—Identification of authorised officers
(1) Section 72(1)—delete "Administrator" and substitute:
Minister
(2) Section 72—after subsection (3) insert:
(4) A person appointed as an authorised officer by the Minister must,
within 2 days after ceasing to be an authorised officer, return his or her
identity card to the Minister.
Maximum penalty: $250.
14—Amendment
of section 72A—Hindering authorised officer or
assistant
Section 72A(2)—after "officer" insert:
appointed by the Administrator
15—Amendment
of section 75—Regulations
(1) Section 75(2)(b)—after "officers" insert:
or any other matter relating to the functions of authorised
officers
(2) Section 75(2)—after (b) insert:
(c) prescribe, or provide for the calculation of, costs, fees or charges
for the purposes of this Act;
(e) exempt any person or class of persons from the obligation to pay any
costs, fees or charges so prescribed;
(f) prescribe penalties, not exceeding $5 000, for breach of, or
non-compliance with, a regulation.
(3) Section 75—after subsection (2) insert:
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, an
authorised officer or another prescribed person.
(4) The regulations may make provisions of a savings or transitional
nature consequent on the commencement of any provisions of this Act (including
provisions of a transitional nature modifying any provisions of this
Act).
(1) Subject to this
section and to any regulations made under section 75(4) of the principal
Act (as inserted by this Act)—
(a) Part 9 Division 3 of the principal Act as in force
immediately after the commencement day applies in relation to enforcement of a
pecuniary sum regardless of whether the liability to pay the pecuniary sum arose
before or after the commencement day; and
(b) section 61 of the principal Act (as inserted by this Act) applies
to an expiation amount regardless of whether the liability to pay the expiation
amount arose before or after the commencement day.
(2) If, immediately before the commencement day, a debtor is subject to an
arrangement with an authorised officer under section 64 of the principal
Act, or is subject, or apparently subject, to any requirement as to the manner
and time of payment of a pecuniary sum pursuant to an order made, or purportedly
made, under Part 9 Division 3 of the principal Act, that arrangement
or requirement continues as if it were an arrangement with the Fines Enforcement
and Recovery Officer under section 70 of the principal Act as in force
after the commencement day (but such an arrangement or requirement is, despite
the provisions of section 70, to have effect according to its
terms).
(3) A charge on land imposed under section 68 of the principal Act as
in force before the commencement day continues as if it were a charge on land
imposed under section 70G of the principal Act after the commencement
day.
(4) Without
derogating from any powers or functions that may be exercised in accordance with
subsection (1),
a relevant order continues in operation after the commencement day (whether or
not the order had taken effect before the commencement day).
(5) Part 9
Division 3 of the principal Act as in force before the commencement day
(other than Subdivision 7) continues to apply in relation to a relevant
order continued in operation under
subsection (4)
as if references in that Division to the Manager, the Registrar or an authorised
officer were references to the Fines Enforcement and Recovery Officer.
(6) However, the
Fines Enforcement and Recovery Officer may, with the consent of the relevant
debtor, revoke a relevant order continued in operation under
subsection (4).
(7) Despite section 69 of the principal Act (as inserted by this Act)
no amount is payable under that section in relation to an amount that is taken
to be a pecuniary sum imposed by order of a court by virtue of the making of an
enforcement order under section 13 of the Expiation
of Offences Act 1996 before the commencement of
section 26 of this
Act.
(8) In this section—
commencement day means the day on which
section 11 of
this Act comes into operation;
principal Act means the Criminal
Law (Sentencing) Act 1988;
relevant order means a penalty enforcement order (and any
warrant or order issued in relation to the penalty enforcement order) made under
Part 9 Division 3 of the principal Act as in force before the
commencement day.
Part 5—Amendment
of Cross-border Justice
Act 2009
17—Amendment
of section 120—Terms used in this Part
Section 120, definition of Fines Director—delete
"Manager, Penalty Management" and substitute:
Fines Enforcement and Recovery Officer
Part 6—Amendment
of Expiation of Offences
Act 1996
18—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of child
insert:
community corrections officer means an officer or employee of
the administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Correctional
Services Act 1982 whose duties include the supervision of offenders
in the community;
(2) Section 4(1), definition of expiation period—after
"expiation fee" insert:
(in the absence of an arrangement under section 9)
(3) Section 4(1)—after the definition of expiation
period insert:
Fines Enforcement and Recovery Officer means the Fines
Enforcement and Recovery Officer under the
Criminal
Law (Sentencing) Act 1988;
(4) Section 4(1), definitions of the Manager, Penalty
Management and Registrar—delete the definitions and
substitute:
protected person has the same meaning as in the Intervention
Orders (Prevention of Abuse) Act 2009.
(5) Section 4—after subsection (2) insert:
(3) Subject to this Act, a person expiates an offence if a
person pays all of the amounts due under the expiation notice (including any
levy payable under the Victims
of Crime Act 2001) or such amounts are recovered from the person in
accordance with this Act.
19—Amendment
of section 6—Expiation notices
Section 6(1)(c)—after "the notice" insert:
unless an arrangement is entered into under section 9
20—Amendment
of section 7—Payment by card
Section 7—delete "at the place at which the payment is to be made"
and substitute:
in relation to the payment to be made
21—Amendment
of section 8—Alleged offender may elect to be prosecuted
etc
Section 8(2)—delete subsection (2) and substitute:
(2) An election to be
prosecuted for an offence cannot be made after—
(a) if the alleged offender enters into an arrangement under
section 9—the day on which the arrangement is entered into;
or
(b) in any other
case—the day on which an enforcement determination is made under
section 13 in relation to the expiation notice.
22—Amendment
of section 8A—Review of notices on ground that offence is
trifling
(1) Section 8A(4)—delete "an enforcement order" and
substitute:
an enforcement determination under section 13
(2) Section 8A(6)—delete subsection (6) and substitute:
(6) However, an expiation notice cannot be withdrawn under this section in
respect of an offence if—
(a) any amount due under the notice in respect of that offence has been
paid; or
(b) the alleged offender has entered into an arrangement under
section 9; or
(c) an enforcement determination has been made under section 13 in
relation to the expiation notice.
23—Substitution
of sections 9 and 10
Sections 9 and 10—delete the sections and substitute:
9—Arrangements as to manner and time of
payment
(1) Subject to this
section, an alleged offender who has been given an expiation notice and who pays
to the Fines Enforcement and Recovery Officer the prescribed
fee—
(a) may, at any
time during the expiation period, enter into a arrangement with the Fines
Enforcement and Recovery Officer for payment of the amount due under the notice
by direct debit instalments in accordance with
subsection (3);
or
(b) if the Fines
Enforcement and Recovery Officer agrees, may enter into some other kind of
arrangement with the Fines Enforcement and Recovery Officer in relation to the
amount due under the notice in accordance with
subsection (4).
(2) The Fines Enforcement and Recovery Officer must give the issuing
authority notice (in a manner agreed between the Fines Enforcement and Recovery
Officer and the issuing authority) of any arrangement entered into under this
section.
(3) An arrangement
for payment by instalments referred to in
subsection (1)(a)—
(a) may not be entered into after an enforcement determination has been
made under section 13 in respect of the expiation notice; and
(b) must provide for instalments to be paid to the Fines Enforcement and
Recovery Officer by direct debits by or through some other person or agency (eg,
deductions from an ADI account or wages); and
(c) must require payment in full within a period determined by the Fines
Enforcement and Recovery Officer (being not more than 12 months from
the date on which the arrangement is entered into).
(4) Other kinds of
arrangements referred to in
subsection (1)(b)
may consist of or include—
(a) payment by instalments (including instalments paid over a period
exceeding 12 months);
(b) an extension of time to pay;
(c) the taking of a charge over land;
(d) the surrender of property to the Fines Enforcement and Recovery
Officer;
(e) payment of any amount, including by direct credit, by or through some
other person or agency (eg, deductions from an ADI account or wages);
(f) subject to
subsection (5)—requirements
for the performance of community service by the alleged offender (in accordance
with a scheme prescribed by the regulations);
(g) any other form of arrangement agreed by the Fines Enforcement and
Recovery Officer and the alleged offender.
(5) The Fines
Enforcement and Recovery Officer may only agree to an arrangement requiring the
performance of community service if—
(a) the Fines Enforcement and Recovery Officer is satisfied that the
alleged offender does not have, and is not likely within a reasonable time to
have, the means to satisfy the amount due under an expiation notice without the
alleged offender or his or her dependants suffering hardship; and
(b) an enforcement determination has been made by the Fines Enforcement
and Recovery Officer under section 13 in relation to the expiation
notice.
(a) an alleged offender has previously been subject to enforcement action
under this Act (whether in relation to the same, or a different, expiation
notice) or under Part 9 Division 3 Subdivision 4 of the Criminal
Law (Sentencing) Act 1988; or
(b) an alleged offender is an undischarged bankrupt or is subject to a
composition or deed or scheme of arrangement with or for the benefit of
creditors; or
(c) an alleged offender is of a class prescribed by the
regulations,
the Fines Enforcement and Recovery Officer may—
(d) refuse to enter into an arrangement under this section, or a
particular type of arrangement under this section, with the alleged offender;
or
(e) require the alleged offender to provide an irrevocable authority to
obtain (in accordance with any prescribed requirements) financial and contact
information about the alleged offender from any Commonwealth, State or Local
Government agency, any ADI or an employer of the alleged offender; or
(f) require the alleged offender to provide security or obtain guarantees
(as the Fines Enforcement and Recovery Officer thinks fit).
(7) An arrangement
under this section may be varied by agreement between the alleged offender and
the Fines Enforcement and Recovery Officer.
(8) If an arrangement is entered into or varied under this section, the
Fines Enforcement and Recovery Officer must give a copy of the arrangement or
varied arrangement (as the case requires) to the alleged offender personally or
by post.
(9) For the purposes of entering into, or varying, an arrangement, any
number of amounts due under expiation notices given to the alleged offender may
be aggregated.
(10) If an alleged
offender fails to comply with an arrangement under this section and the failure
has endured for 14 days, the arrangement terminates.
(11) If the Fines
Enforcement and Recovery Officer determines that an alleged offender who is
subject to an arrangement requiring the performance of community service has the
means to satisfy an enforcement amount without the alleged offender or his or
her dependants suffering hardship, the arrangement terminates.
(12) If an arrangement terminates under
subsection (10)
or
(11), the Fines
Enforcement and Recovery Officer must give the issuing authority notice (in a
manner agreed between the Fines Enforcement and Recovery Officer and the issuing
authority) of the termination and the amount then outstanding (taking into
account, where the arrangement required the performance of community service,
the number of hours of community service so performed).
(13) If an alleged
offender complies with an arrangement under this section or pays to the Fines
Enforcement and Recovery Officer, at any time, the amount then outstanding, the
arrangement is discharged.
(14) Subject to the regulations, an alleged offender who enters into an
arrangement under this section will, for the purposes of any other Act or law,
be taken to expiate the offence or offences to which the arrangement relates on
the day on which the arrangement is entered into (whether the arrangement is
subsequently discharged or terminates before being discharged).
24—Amendment
of section 11—Expiation reminder notices
(1) Section 11(1)—delete "been granted relief under this Act" and
substitute:
entered into an arrangement under section 9
(2) Section 11(1a)(a)—delete paragraph (a) and substitute:
(a) must specify the amount of the expiation fee and to whom the expiation
fee is payable; and
(3) Section 11(2)—delete subsection (2)
(4) Section 11(4)—delete subsection (4)
25—Amendment
of section 11A—Expiation enforcement warning notices
(1) Section 11A(2)(b)—delete paragraph (b) and substitute:
(b) must specify the amount of the expiation fee and to whom the expiation
fee is payable; and
(2) Section 11A(3)—delete subsection (3)
(3) Section 11A(5)—delete subsection (5)
26—Substitution
of sections 12 to 14
Sections 12 to 14 (inclusive)—delete the sections and
substitute:
12—Late payment
The issuing authority may accept late payment of the amount due under an
expiation notice at any time before an enforcement determination is made under
section 13.
13—Enforcement determinations
(1) An expiation
notice may be enforced against the alleged offender by the issuing authority
sending to the Fines Enforcement and Recovery Officer—
(a) a certificate that contains the particulars determined by the Fines
Enforcement and Recovery Officer relating to—
(i) the alleged offender; and
(ii) the offence or offences that remain unexpiated; and
(iii) the amount due under the notice; and
(iv) compliance by the authority with the requirements of this Act and any
other Act; and
(b) the prescribed fee.
(2) The Fines
Enforcement and Recovery Officer may make an enforcement determination in
relation to an expiation notice given to a person—
(a) if the Fines
Enforcement and Recovery Officer has, within the relevant period, received a
certificate under
subsection (1)
and—
(i) 14 clear days have elapsed from the date on which a reminder
notice relating to the expiation notice was sent by post in accordance with
section 11; or
(ii) 14 clear days have elapsed from the date on which an expiation
enforcement warning notice relating to the expiation notice was sent by post in
accordance with section 11A; or
(b) if an arrangement
under section 9 relating to the notice has terminated in accordance with
that section and the Fines Enforcement and Recovery Officer has, within the
relevant period, received a certificate under
subsection (1)
following that termination.
(3) Subject to the
regulations, on the making of an enforcement determination the alleged offender
will, for the purposes of any other Act or law, be taken to have expiated the
offence or offences to which the enforcement determination relates (unless the
alleged offender is already taken to have expiated the offence in accordance
with section 9(14)).
(4) The Fines
Enforcement and Recovery Officer may—
(a) vary an enforcement determination at any time; and
(b) on application
under this section made within 30 days of notice of an enforcement
determination being given, sent or published in accordance with this
section—revoke the enforcement determination.
(5) An application
under
subsection (4)(b)
must be accompanied by the prescribed fee.
(6) The Fines Enforcement and Recovery Officer may entertain an
application under
subsection (4)(b)
made out of time if he or she thinks good reason exists for doing so.
(7) The Fines Enforcement and Recovery Officer may refuse to entertain an
application under
subsection (4)(b) if
the Fines Enforcement and Recovery Officer considers that the application is
frivolous or vexatious or is not made in good faith.
(8) An application
under
subsection (4)(b)
for the revocation of an enforcement determination can only be made on the
ground that—
(a) the expiation notice to which the determination relates should not
have been given to the applicant in the first instance; or
(b) the procedural
requirements of this Act or any other Act were not complied with; or
(c) the applicant
failed to receive a notice required by this Act or any other Act; or
(d) the issuing
authority failed to receive—
(i) a notice sent to the authority by the applicant electing to be
prosecuted for the offence; or
(ii) a statutory declaration or other document sent to the authority by
the applicant in accordance with a notice required by law to accompany the
expiation notice or expiation reminder notice; or
(e) the applicant has expiated the offence, or offences, under the
notice.
(9) If the Fines Enforcement and Recovery Officer revokes an enforcement
determination—
(a) the determination will be taken to be void and of no effect (and
subsection (3) is
taken never to have applied in relation to the determination); and
(b) any enforcement action taken under
section 14A in relation to
the determination will be taken to have been revoked; and
(c) the Fines Enforcement and Recovery Officer may, if he or she thinks
fit, refund the fee paid in accordance with
subsection (5).
(10) Despite any other provision of this Act, if the Fines Enforcement and
Recovery Officer revokes an enforcement determination on a ground referred to in
subsection (8)(b),
(c) or
(d), the following
provisions apply:
(a) if the period of 1 year from the date of commission of the
alleged offence, or offences, has not expired, the applicant will be taken to
have been given an expiation notice by the issuing authority in respect of the
alleged offence, or offences, for the first time on the day on which the
determination was revoked; and
(b) the expiation notice will also be taken to have been issued on that
day; and
(c) the expiation period will be taken to be the period of 28 days
from (and including) that day; and
(d) a prosecution can be commenced for the alleged offence, or offences,
within 6 months of the expiry of that expiation period (despite the fact
that the time for the commencement of the prosecution may have already otherwise
expired).
(11) Subject to
subsection (12), on
an enforcement determination being made, varied or revoked, the Fines
Enforcement and Recovery Officer must cause a written notice of the
determination, variation or revocation containing the particulars (if any)
prescribed by the regulations—
(i) given personally or by post to the alleged offender; or
(ii) if the whereabouts
of the alleged offender cannot, after reasonable enquiries, be
ascertained—published on a website determined by the Fines Enforcement and
Recovery Officer; and
(b) to be given to the issuing authority.
(a) the alleged offender was under the age of 18 years at the time
the offence is alleged to have been committed or is a protected person;
and
(b) the whereabouts of the alleged offender cannot, after reasonable
enquiries, be ascertained,
the Fines Enforcement and Recovery Officer may not publish the written
notice in accordance with
subsection (11)(a)(ii)
but may, if he or she is satisfied that other reasonable means of contacting the
alleged offender (not involving public disclosure of the alleged offender's
name) are available, cause the written notice to be given to the alleged
offender by such other means.
(13) The Fines Enforcement and Recovery Officer is not required to conduct
a hearing for the purposes of making, varying or revoking an enforcement
determination.
(14) In this section—
relevant period, in relation to an expiation notice,
means—
(a) for the purposes of
subsection (2)(a)—
(i) the period ending 90 days after the end of the expiation period;
or
(ii) such longer period as the Fines Enforcement and Recovery Officer may
allow (provided that the Fines Enforcement and Recovery Officer may not extend
the period so as to allow a certificate to be received after the time for
commencement of a prosecution against the person for the unexpiated offence or
offences to which the certificate relates has expired); and
(b) for the purposes of
subsection (2)(b)—the
period of 30 days after the day on which the arrangement
terminated.
14—Review of enforcement determinations by
Court
(1) Subject to this section, if an enforcement determination has been made
by the Fines Enforcement and Recovery Officer under
section 13 in relation to
an expiation notice, the alleged offender may apply to the Court for a review of
the determination within 30 days of notice of the determination being
given, sent or published under
section 13.
(2) The Court may entertain an application made out of time if it thinks
good reason exists for doing so.
(3) An application can only be made under this section on the ground that
the alleged offender did not commit the offence or offences to which the
expiation notice relates.
(4) The Court, after conducting a review of an enforcement determination,
may—
(a) confirm the determination; or
(b) vary or revoke the determination,
and the Court may make any consequential or ancillary order that the Court
considers necessary or expedient.
(5) If the Court varies or revokes the determination, the Court must
notify the issuing authority of that fact.
(6) If the Court revokes an enforcement determination—
(a) the determination will be taken to be void and of no effect (and
section 13(3) is
taken never to have applied in relation to the determination); and
(b) any subsequent enforcement action taken under
section 14A will be taken
to have been revoked.
(7) A decision of the Court made on a review of an enforcement
determination is not subject to appeal by the alleged offender.
14A—Enforcement actions by Fines Enforcement and
Recovery Officer
(1) If an enforcement determination has been made by the Fines Enforcement
and Recovery Officer under
section 13 in relation to
an expiation notice (and has not been revoked), the Fines Enforcement and
Recovery Officer may take enforcement action against the alleged offender to
secure payment of the amount due under the notice.
(2) The Fines
Enforcement and Recovery Officer may take enforcement action against a person by
doing any of the following:
(a) entering into an arrangement, or further arrangement, with the person
under section 9(1)(b);
(b) registering a
charge on land under Part 9 Division 3 Subdivision 3 of the Criminal
Law (Sentencing) Act 1988 or exercising any 1 or more of the
powers under Part 9 Division 3 Subdivision 4 or
Subdivision 5 of that Act as if—
(i) references to a pecuniary sum were references to the amount due;
and
(ii) references to the debtor were references to the person against whom
the enforcement action is being taken;
(c) waiving payment of the amount due or any part of the amount
due.
(3) If the Fines Enforcement and Recovery Officer takes enforcement action
of a kind described in
subsection (2)(b),
any costs, fees or other charges that would be recoverable by the Fines
Enforcement and Recovery Officer under the Criminal
Law (Sentencing) Act 1988 in respect of such action are recoverable
by the Fines Enforcement and Recovery Officer for the purposes of this Act (and
will be added to, and form part of, the amount due).
14B—Amounts unpaid or unrecovered for more than
certain period
(1) Subject to
subsection (2),
if any part of an expiation fee remains unpaid by, or unrecovered from, the
alleged offender at the end of the expiation period, an amount prescribed by, or
calculated in accordance with, the regulations is added to, and forms part of,
the amount due under the notice.
(2) The Fines
Enforcement and Recovery Officer may, in such circumstances as he or she thinks
just, waive payment of the whole or part of an amount payable by an alleged
offender in accordance with this section.
27—Amendment
of section 15—Effect of expiation
(1) Section 15(4)—delete "an application for relief" and
substitute:
the entry into an arrangement
(2) Section 15(5)—after "conviction" insert:
or finding of guilt
28—Amendment
of section 16—Withdrawal of expiation notices
(1) Section 16(3)(a)—delete "order has been made under this Act in
respect of the offence" and substitute:
determination has been made under section 13 in relation to the
expiation notice
(2) Section 16(3)(b)—delete paragraph (b) and substitute:
(b) the period of 60 days from the date of the notice has
expired.
(3) Section 16(5)—delete "an instalment or applied for relief under
this Act" and substitute:
entered into arrangement under section 9
(4) Section 16(11)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) the issuing authority must, if an enforcement determination has been
made under section 13, inform the Fines Enforcement and Recovery Officer of
the withdrawal of the notice; and
(b) any aggregation determination under section 61 of the Criminal
Law (Sentencing) Act 1988 in relation to the notice will be taken
to have been revoked; and
(ba) any enforcement determination made under this Act in respect of the
notice will be taken to have been revoked (and any subsequent enforcement action
is discontinued or rescinded); and
(5) Section 16—after subsection (11) insert:
(11a) If an expiation notice is withdrawn—
(a) after an arrangement has been entered into under section 9 in
relation to the notice—section 9(14) is taken never to have applied
in relation to that arrangement; or
(b) after an enforcement determination has been made under section 13
in relation to the notice—section 13(3) is taken never to have
applied in relation to that determination.
29—Amendment
of section 17—Application of payments
Section 17(1)—delete "expiation fees" and substitute:
amounts due under expiation notices (other than any part of such amounts
attributable to the levy under the Victims
of Crime Act 2001)
30—Substitution
of sections 18, 18A and 18B
Sections 18, 18A and 18B—delete the sections and
substitute:
18—Provision of information
(1) Each issuing
authority must enter into an agreement with the Fines Enforcement and Recovery
Officer in relation to—
(a) the manner in which the Fines Enforcement and Recovery Officer is to
provide information to the issuing authority in relation to action taken by the
Fines Enforcement and Recovery Officer under this Act in respect of an expiation
notice issued by the issuing authority; and
(b) the manner in which the issuing authority is to provide information to
the Fines Enforcement and Recovery Officer in relation to the issuing of an
expiation notice by the issuing authority or any other action taken by the
issuing authority in respect of an expiation notice so issued.
(2) An agreement will be taken to contain any provisions prescribed by the
regulations.
18A—Minister may declare amnesty from payment of
costs, fees and charges
(1) The Minister
may from time to time declare an amnesty from the payment of the whole or any
part of 1 or more of the following:
(a) costs, fees (other than an expiation fee) and charges under this
Act;
(b) costs and fees (other than an expiation fee) under this Act as in
force immediately before the commencement of Part 5 of the Statutes
Amendment (Fines Enforcement and Recovery) Act 2013.
(2) An amnesty—
(a) must be declared by notice in the Gazette; and
(b) applies—
(i) in relation to an alleged offender, or a class of alleged offenders;
and
(ii) to the extent,
specified in the notice; and
(c) is subject to the terms and conditions (if any) set out in the
notice.
(3) The Minister may vary or revoke the declaration of an amnesty under
subsection (1)
by notice in the Gazette.
18B—Investigation of alleged offender's financial
position
(1) The Fines
Enforcement and Recovery Officer may, at any time, investigate an alleged
offender's means of paying an amount due under an expiation notice and may give
a written notice to a person requiring the person to produce to the Fines
Enforcement and Recovery Officer, within a period stated in the notice,
documents or other material relevant to the investigation.
(2) A notice under
subsection (1)
may be given personally or by post.
(3) A person who, without reasonable excuse (proof of which lies on the
person), refuses or fails to comply with a requirement under this section is
guilty of an offence.
Maximum penalty: $10 000.
18C—Power to require
information
(1) If a public sector agency within the meaning of the Public
Sector Act 2009 is in possession of the contact details of an
alleged offender, the agency must, on request from the Fines Enforcement and
Recovery Officer, provide those details to the Fines Enforcement and Recovery
Officer.
(2) This section does not apply to a public sector agency excluded from
the application of this section by the regulations.
18D—Disclosure of information to prescribed
interstate authority
The Fines Enforcement and Recovery Officer may disclose prescribed
particulars of an alleged offender to a prescribed interstate
authority.
18E—Power to require
identification
(1) The Fines Enforcement and Recovery Officer may require a person who
the Fines Enforcement and Recovery Officer has reasonable cause to suspect may
be a person to whom an expiation notice has been given to produce evidence of
the person's identity.
(2) A person who, without reasonable excuse (proof of which lies on the
person), refuses or fails to comply with a requirement under this section is
guilty of an offence.
Maximum penalty: $10 000.
31—Amendment
of section 20—Regulations
Section 20—after its present contents (now to be designated as
subsection (1) insert:
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) prescribe, or provide for the calculation of, any costs, fees or
charges for the purposes of this Act;
(b) exempt any person or class of persons from the obligation to pay
costs, fees or charges so prescribed;
(c) prescribe penalties, not exceeding $5 000, for breach of, or
non-compliance with, a regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Fines
Enforcement and Recovery Officer or another prescribed person.
(4) The regulations may make provisions of a savings or transitional
nature consequent on the commencement of any provisions of this Act (including
provisions of a transitional nature modifying any provisions of this
Act).
(1) Subject to this section and to any regulations made under
section 20(4) of the principal Act (as inserted by this Act), the principal
Act as in force immediately after the commencement day applies in relation to an
expiation notice whether given before or after the commencement day.
(2) If an order for
relief has been made in relation to an expiation notice given before the
commencement day, the principal Act as in force before the commencement day
continues to apply in relation to the expiation notice unless the order for
relief is cancelled (in which case the principal Act as in force immediately
after the commencement day applies in relation to the expiation notice as if an
arrangement under section 9 of the principal Act relating to the expiation
notice had terminated).
(3) In this section—
principal Act means the Expiation
of Offences Act 1996;
commencement day means the day on which this Part comes into
operation.
Part 7—Amendment
of Fisheries Management
Act 2007
33—Amendment
of section 104—Demerit points for certain offences
Section 104(2) and (3)—delete subsections (2)
and (3)
34—Amendment
of section 108—Disqualification etc and discounting of demerit
points
Section 108(5)(b)—delete "convicted" and substitute:
found guilty
Part 8—Amendment
of Magistrates Court
Act 1991
35—Amendment
of section 7A—Constitution of Court
Section 7A(2)—after paragraph (b) insert:
(ba) to hear and determine applications for review of enforcement
determinations under section 14 of the Expiation
of Offences Act 1996; or
36—Amendment
of section 9A—Petty Sessions Division
(1) Section 9A(1)(a)—delete paragraph (a)
(2) Section 9A(1)(c)—delete "10 or"
37—Amendment
of section 12—Administrative and ancillary staff
Section 12(1)(ab)—delete paragraph (ab)
Section 13A—delete the section
Part 9—Amendment
of Motor Vehicles
Act 1959
39—Amendment
of section 5—Interpretation
Section 5(6)—delete subsection (6)
40—Amendment
of section 9—Duty to register
(1) Section 9(1), penalty provision—delete "$2 500" and
substitute:
$7 500
(2) Section 9(3), penalty provision—delete "$2 500" and
substitute:
$7 500
41—Amendment
of section 85—Procedures for suspension, cancellation or variation of
licence or permit
Section 85—after its present contents (now to be designated as
subsection (1)) insert:
(2) This section does not apply where the Registrar is required, under any
Act or law, to exercise a power to suspend, cancel or vary a person's licence or
learner's permit.
42—Amendment
of section 93—Notice to be given to Registrar
(1) Section 93(3a)—delete subsection (3a) and
substitute:
(3a) If a person
expiates an offence that—
(a) attracts demerit points under this Act; or
(b) is an offence of contravening a condition of a learner's permit,
probationary licence or provisional licence,
the Commissioner of Police, the issuing authority (within the meaning of
the Expiation
of Offences Act 1996) or the Fines Enforcement and Recovery Officer
(whoever first becomes aware that the person has expiated the offence) must send
to the Registrar notice in writing of the expiation.
(2) Section 93—after subsection (3b) insert:
(3c) If a person is, for the purposes of subsection (3a), taken to
have expiated an offence to which that subsection applies on the making of an
enforcement determination under the Expiation
of Offences Act 1996 and the enforcement determination is
subsequently revoked under that Act—
(a) in the case of revocation by a court—the court; or
(b) in any other case—the Fines Enforcement and Recovery
Officer,
must forthwith notify the Registrar in writing of the revocation.
43—Amendment
of section 98B—Demerit points for offences in this
State
Section 98B(1a)—delete "granted an order for relief under the Expiation
of Offences Act 1996 in respect of an expiation notice for that
offence" and substitute:
treated as if he or she has expiated the offence in accordance with the
Expiation
of Offences Act 1996
44—Amendment
of section 102—Duty to insure against third party
risks
(1) Section 102(1), penalty provision—delete "$5 000" and
substitute:
$10 000
(2) Section 102(2), penalty provision—delete "$5 000" and
substitute:
$10 000
45—Amendment
of section 145—Regulations
Section 145(1)(n)—delete "$1 250" and substitute:
$2 500
Part 10—Amendment
of Summary Procedure
Act 1921
46—Amendment
of section 189A—Costs payable by defendant in certain criminal
proceedings
Section 189A(1)(b)—delete paragraph (b)
Part 11—Amendment
of Victims of Crime
Act 2001
47—Amendment
of section 28—Right of Attorney-General to recover money paid out from
offender etc
Section 28—after subsection (6) insert:
(7) If a debt arises
from a judgment entered in favour of the Crown and against an offender in
accordance with this section, the Fines Enforcement and Recovery Officer may
take action on behalf of the Crown to recover the debt and for that purpose may,
subject to
subsection (8),
exercise any power or do any thing that the Fines Enforcement and Recovery
Officer is authorised or required to exercise or do in relation to an
enforcement determination under the Expiation
of Offences Act 1996 as if—
(a) the debt that may be recovered from the offender in accordance with
this section was the amount due under the expiation notice to which the
enforcement determination relates; and
(b) the offender was a person against whom enforcement action was being
taken.
(8) The Fines
Enforcement and Recovery Officer, in acting under
subsection (7)
in relation to an offender—
(a) may not enter into an arrangement requiring the offender to complete
community service under section 9 of the Expiation
of Offences Act 1996; and
(b) may only waive payment under section 14A of that Act with the
approval of the Attorney-General.
(9) Section 14B of the Expiation
of Offences Act 1996 does not apply to a debt to be recovered under
this section.
(10) Section 61 of the Criminal
Law (Sentencing) Act 1988 applies in relation to a debt under this
section in the same way as it applies to an expiation amount (other than an
expiation fee).
48—Amendment
of section 32—Imposition of levy
(1) Section 32(5)—after paragraph (c) insert:
(ca) whether the offence is expiated by payment of the expiation fee, or
other arrangements in relation to payment of the expiation fee, during the
expiation period or otherwise;
(2) Section 32(6)—delete subsection (6) and substitute:
(6) If a levy is payable under this section by a person who expiates an
offence, the amount of the levy must be shown on the expiation notice.
Part 12—Amendment
of Young Offenders
Act 1993
49—Amendment
of section 49A—Restrictions on performance of community service and other
work orders
Section 49A(b)(ii)—delete "8" and substitute:
7.5