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TASMANIA
__________
MONETARY PENALTIES ENFORCEMENT
(MISCELLANEOUS AMENDMENTS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 9 amended (Director to collect and enforce monetary
penalties)
6. Section 10 amended (Functions and powers of Director)
7. Section 12 amended (Staff)
8. Section 23 amended (Withdrawal of infringement notice)
9. Section 24 repealed
10. Section 25 amended (Effect of withdrawal of infringement
notice)
11. Section 27 amended (Application to Director for variation of
payment conditions)
12. Section 35 amended (Calculation, &c., of community service for
default in payment of fine )
13. Part 4: Heading amended
[Bill 12]-III
14. Section 43 amended (Director not responsible for civil
enforcement)
15. Section 43A inserted
43A. Payment by Director to person entitled to
compensation
16. Part 5, Division 1: Heading amended
17. Section 46A inserted
46A. Service of enforcement order
18. Section 50 amended (Effect of appeal on enforcement order)
19. Section 54 amended (Administrative sanctions)
20. Section 56 amended (Registrar to suspend driver licence)
21. Section 58 amended (Effect of suspension of driver licence)
22. Section 59 amended (Suspension of vehicle registration)
23. Section 60 amended (Registrar to suspend vehicle registration)
24. Section 68 substituted
68. Enforcement warrant imposing charge on registered
land
25. Section 69 amended (Effect of enforcement warrant imposing
charge on land)
26. Section 70 amended (Discharge of enforcement warrant issued
under this Division)
27. Section 109 amended (Amount may be deemed to be
uncollectable)
28. Section 120 amended (Non-reviewable decision)
29. Section 121A inserted
121A. Evidentiary certificate
PART 3 - MONETARY PENALTIES ENFORCEMENT ACT 2005
FURTHER AMENDED
30. Principal Act
31. Section 3 amended (Interpretation)
32. Section 14 amended (Form of infringement notice)
PART 4 - ANNULLED CONVICTIONS ACT 2003 AMENDED
33. Principal Act
34. Section 3 amended (Interpretation)
2
PART 5 - COMMISSIONS OF INQUIRY ACT 1995 AMENDED
35. Principal Act
36. Section 32 amended (Fines for contempt)
PART 6 - CRIME (CONFISCATION OF PROFITS) ACT 1993
AMENDED
37. Principal Act
38. Section 21 amended (Pecuniary penalty orders)
PART 7 - INLAND FISHERIES ACT 1995 AMENDED
39. Principal Act
40. Section 110 amended (Forfeiture on acceptance of infringement
notice)
PART 8 - LIVING MARINE RESOURCES MANAGEMENT ACT 1995
AMENDED
41. Principal Act
42. Section 226 amended (Forfeiture on acceptance of infringement
notice)
PART 9 - LOCAL GOVERNMENT (HIGHWAYS) ACT 1982
AMENDED
43. Principal Act
44. Section 94A amended (Proceedings in relation to offences under
this Part)
45. Section 100 amended (Infringement notices)
PART 10 - RADIATION PROTECTION ACT 2005 AMENDED
46. Principal Act
47. Section 86 amended (Regulations)
PART 11 - ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970
AMENDED
48. Principal Act
49. Section 6 amended (Driving with excessive concentration of
breath or blood alcohol)
3
PART 12 - SENTENCING ACT 1997 AMENDED
50. Principal Act
51. Section 45 amended (Enforcement of Supreme Court fine)
52. Section 68 amended (Compensation order)
53. Section 69 amended (Enforcement of compensation order)
PART 13 - MISCELLANEOUS
54. Repeal of Act
4
MONETARY PENALTIES ENFORCEMENT
(MISCELLANEOUS AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
7 April 2011
(Brought in by the Minister for Justice, the Honourable David
John Bartlett)
A BILL FOR
An Act to amend the Monetary Penalties Enforcement Act
2005, the Annulled Convictions Act 2003, the Commissions
of Inquiry Act 1995, the Crime (Confiscation of Profits) Act
1993, the Inland Fisheries Act 1995, the Judicial Review Act
2000, the Living Marine Resources Management Act 1995,
the Local Government (Highways) Act 1982, the Radiation
Protection Act 2005, the Road Safety (Alcohol and Drugs)
Act 1970 and the Sentencing Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Monetary Penalties
Enforcement (Miscellaneous Amendments) Act
2011.
[Bill 12] 5
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided in this section, this Act
commences on a day or days to be proclaimed.
(2) Part 3 is taken to have commenced on
28 April 2008.
6
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 3
PART 2 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
3. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from the
definition of "fine" and substituting the
following paragraphs:
(c) a compensation levy under the
Victims of Crime Compensation
Act 1994; and
(d) a pecuniary penalty order made
under the Crime (Confiscation of
Profits) Act 1993 -
(b) by omitting the definition of "notice of
election" and substituting the following
definition:
"notice of election" means a notice of
election under section 15(1)(d) or
section 17(1)(d);
*No. 57 of 2005
7
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 5 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
5. Section 9 amended (Director to collect and enforce
monetary penalties)
Section 9 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsection:
(4) Notwithstanding subsection (1), a fee-
paying public sector body may enforce
payment of a fine, or part of a fine,
through the Civil Division of the
Magistrates Court or the Supreme Court,
if under section 109 the fine has been
deemed by the Director to be
uncollectable in full or in part and the
uncollectable amount has been removed
from any record of monies owing to the
Director.
6. Section 10 amended (Functions and powers of
Director)
Section 10(1) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) is to perform such functions and may
exercise such powers as are imposed or
conferred on him or her as a fine
enforcement officer under Part 7 of the
Service and Execution of Process Act
1992 of the Commonwealth; and
8
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 7
7. Section 12 amended (Staff)
Section 12 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The Director may appoint as an
enforcement officer a person who is a
State Service employee or State Service
officer appointed, or made available to
the Director, under this section.
8. Section 23 amended (Withdrawal of infringement
notice)
Section 23 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "fee-paying
public sector body or a" after "A";
(b) by omitting from subsection (2) "it has
been accepted." and substituting "the
person on whom it was served is taken,
under section 20, to have been convicted
of the offence.";
(c) by inserting in subsection (3) "fee-paying
public sector body or a" after "withdrawn
by a";
(d) by omitting from subsection (3)(c)
"notify" and substituting "in the case of
the withdrawal of an infringement notice
by a non-fee paying public body, notify";
9
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 9 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
(e) by omitting from subsection (4)(a)
"been" and substituting "been, or could
be,".
9. Section 24 repealed
Section 24 of the Principal Act is repealed.
10. Section 25 amended (Effect of withdrawal of
infringement notice)
Section 25(1)(b) of the Principal Act is amended
by omitting "been" and substituting "been, or
could be,".
11. Section 27 amended (Application to Director for
variation of payment conditions)
Section 27 of the Principal Act is amended as
follows:
(a) by inserting in subsection (5) "take any,
or any further, action to" after "not to";
(b) by inserting the following subsections
after subsection (5):
(5A) If, after an administrative
sanction under Part 6 has been
imposed on a person, a variation
of payment conditions notice is
issued to that person -
10
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 11
(a) that sanction remains in
effect after the issue of
that notice until the
Director determines that
he or she is satisfied that
the person is, and is likely
to continue, complying
with that notice; and
(b) on the determination of
the Director that he or she
is satisfied that the person
is, and is likely to
continue, complying with
that notice -
(i) the sanction is
revoked; and
(ii) the Director is to
give written notice
of the revocation
of the sanction to
the person and, if
appropriate, the
Registrar; and
(c) if after making a
determination that the
person is, and is likely to
continue, complying with
that notice the Director
determines that the person
has contravened that
notice -
11
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 11 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
(i) the sanction is
revived; and
(ii) the Director is to
give written notice
of the revival of
the sanction to the
person and, if
appropriate, the
Registrar.
(5B) If, after a civil sanction under
Division 2 or 3 of Part 7 has been
imposed on a person, a variation
of payment conditions notice is
issued to that person -
(a) that sanction remains in
effect after the issue of
that notice; but
(b) on the determination of
the Director that he or she
is satisfied that the person
is, and is likely to
continue, complying with
that notice, no action or
further action is to be
taken to enforce that
sanction; but
(c) if after making a
determination that the
person is, and is likely to
continue, complying with
12
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 12
that notice the Director
determines that the person
has contravened that
notice, action or further
action may be taken to
enforce that sanction.
(5C) If -
(a) a redirection of money
owing order has been
issued in respect of an
enforcement debtor; and
(b) an application for a
variation of payment
conditions notice is then
made under this section -
that application is taken to
include an application under
section 85 to cancel or vary, as
appropriate, the redirection of
money owing order.
12. Section 35 amended (Calculation, &c., of
community service for default in payment of fine )
Section 35 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) In this section -
13
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 13 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
"prescribed unit" means the
prescribed unit prescribed by
regulations made under the
Sentencing Act 1997 for the
purposes of section 48(1) of that
Act.
13. Part 4: Heading amended
Part 4 of the Principal Act is amended by
omitting "NOTIFICATION TO DIRECTOR
OF ISSUE OF FINE" from the heading to that
Part and substituting "NOTIFICATION TO
DIRECTOR OF ISSUE OF FINE,
PAYMENT OF FINE AND RELATED
MATTERS".
14. Section 43 amended (Director not responsible for
civil enforcement)
Section 43 of the Principal Act is amended by
omitting subsection (2).
15. Section 43A inserted
After section 1 of the Principal Act, the
following section is inserted in Part 4:
14
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 16
43A. Payment by Director to person entitled to
compensation
On receiving an amount of compensation
required to be paid under a compensation
order, the Director is to pay that amount
to the person entitled to the
compensation under the order.
16. Part 5, Division 1: Heading amended
Division 1 of Part 5 of the Principal Act is
amended by inserting in the heading to that
Division "and service" after "Issue".
17. Section 46A inserted
After section 46 of the Principal Act, the
following section is inserted in Division 1:
46A. Service of enforcement order
On the issue of an enforcement order
under this Division, the Director is to
serve the enforcement order on the
person in respect of whom it is issued.
15
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 18 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
18. Section 50 amended (Effect of appeal on
enforcement order)
Section 50(2) of the Principal Act is amended by
omitting "been" second occurring and
substituting "been, or could be,".
19. Section 54 amended (Administrative sanctions)
Section 54(1) of the Principal Act is amended by
omitting "a variation of payment conditions or
an MPCSO has not been granted," and
substituting "either a variation of payment
conditions or an MPCSO has not been granted or
the Director determines that the enforcement
debtor is not satisfactorily complying with a
variation of payment conditions,".
20. Section 56 amended (Registrar to suspend driver
licence)
Section 56 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsections:
(2) Subject to section 55(2) and (3),
on receipt of a notification under
subsection (1), the Registrar
must -
16
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 20
(a) suspend the relevant
driver licence; and
(b) whether or not the
enforcement debtor holds
a driver licence, record
the direction in the driver
licence register kept under
the Vehicle and Traffic
Act 1999 -
until notified by the Director that
the suspension has been revoked.
(2A) On suspending the driver licence
of an enforcement debtor under
subsection (2), the Registrar must
give to the enforcement debtor
written notice of -
(a) that suspension; and
(b) the day on which the
suspension takes effect.
(b) by omitting subsections (4) and (5) and
substituting the following subsections:
(4) If a driver licence is suspended
under this section, the licence
may not be renewed or replaced,
or a duplicate of the licence
issued, while the suspension is in
place.
17
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 21 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
(5) An enforcement debtor is
ineligible to be issued with a
driver licence while a direction of
the Director in respect of the
enforcement debtor's driver
licence is recorded, in accordance
with subsection (2), in the driver
licence register kept under the
Vehicle and Traffic Act 1999.
21. Section 58 amended (Effect of suspension of driver
licence)
Section 58 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"suspended; and" and substituting
"suspended.";
(b) by omitting paragraph (c) from
subsection (1);
(c) by omitting subsection (2).
22. Section 59 amended (Suspension of vehicle
registration)
Section 59 of the Principal Act is amended by
omitting subsection (2).
18
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 23
23. Section 60 amended (Registrar to suspend vehicle
registration)
Section 60 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (2):
(2A) On suspending the registration of
a vehicle registered to an
enforcement debtor under
subsection (2), the Registrar must
give to the enforcement debtor
written notice of -
(a) that suspension; and
(b) the day on which the
suspension takes effect.
(2B) If the registration of a vehicle is
suspended under this section, the
registration may not be renewed,
or a duplicate of the certificate of
registration issued, while the
suspension is in place.
(b) by omitting subsection (4).
24. Section 68 substituted
Section 68 of the Principal Act is repealed and
the following section is substituted:
19
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 24 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
68. Enforcement warrant imposing charge on
registered land
(1) If an enforcement debtor has unpaid
monetary penalties totalling more than
$1 000, the Director may issue an
enforcement warrant imposing a charge
on any land of which the enforcement
debtor is a registered proprietor.
(2) Before issuing an enforcement warrant
under subsection (1) in respect of any
land, the Director is to serve on the
enforcement debtor, and all other
registered proprietors of the land, written
notice that unless the debt is discharged
within the time specified in the notice an
enforcement warrant will be issued,
without further notice.
(3) Notice under subsection (2) is to -
(a) specify a period of time, being at
least 10 days, within which the
enforcement debtor may
discharge the debt and avoid the
issue of the enforcement warrant;
and
(b) inform the enforcement debtor,
and any other registered
proprietor of the specified land,
that an enforcement warrant
issued under this Act will be
registered under the Land Titles
20
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 24
Act 1980 as a charge against that
land; and
(c) inform the recipients -
(i) that it is an offence under
section 72 of this Act,
punishable by a fine not
exceeding 100 penalty
units or imprisonment for
a term not exceeding 3
months, for them to sell,
transfer or otherwise deal
with, or attempt to sell,
transfer or otherwise deal
with, the land; and
(ii) that in addition to
prosecution for an offence
under this Act the
enforcement debtor
remains liable for any
unpaid monetary penalty.
(4) An enforcement warrant is to be in an
approved form.
(5) On issuing an enforcement warrant, the
Director is to serve it on the enforcement
debtor.
(6) The Director may lodge a priority notice
under the Land Titles Act 1980 in respect
of land of which the enforcement debtor
is a registered proprietor and, for the
purposes of section 52(1)(b) of that Act,
21
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 25 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
the Director is taken to be a person
entitled to deal with the land.
(7) The Director is to lodge an enforcement
warrant issued and served under this
section with the Recorder.
(8) The Recorder is to register an
enforcement warrant lodged with the
Recorder under subsection (7) on the
folio of the Register stated in the
enforcement warrant.
(9) The Director may exercise the rights and
powers of a mortgagee set out in
Division 5 of Part VI of the Land Titles
Act 1980 in relation to land in respect of
which an enforcement warrant is issued
and served under this section.
(10) For the purpose of Division 5 of Part VI
of the Land Titles Act 1980, an
enforcement warrant registered by the
Recorder under this section is taken to be
a mortgage.
25. Section 69 amended (Effect of enforcement warrant
imposing charge on land)
Section 69(1) of the Principal Act is amended by
omitting "Section 77 of the Land Titles Act 1980
is" and substituting "Section 77(1) and (2) of the
Land Titles Act 1980 are".
22
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Monetary Penalties Enforcement Act 2005 Amended s. 26
26. Section 70 amended (Discharge of enforcement
warrant issued under this Division)
Section 70 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) A discharge of an enforcement warrant is
to be in an approved form.
(4) The Director is to lodge with the
Recorder the discharge of an
enforcement warrant.
(5) On the lodgement with the Recorder of a
discharge of an enforcement warrant, the
Recorder is to discharge the enforcement
warrant and remove it from the Register.
27. Section 109 amended (Amount may be deemed to be
uncollectable)
Section 109 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) If an enforcement debtor has become a
bankrupt, within the meaning of the
Bankruptcy Act 1966 of the
Commonwealth, and the amount of his or
her monetary penalty is provable in
bankruptcy under that Act, the Director
may deem that amount uncollectable
despite subsection (2).
23
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 28 Part 2 - Monetary Penalties Enforcement Act 2005 Amended
28. Section 120 amended (Non-reviewable decision)
Section 120(1) of the Principal Act is amended
by omitting paragraph (c) and substituting the
following paragraphs:
(c) a decision of the Director to issue an
enforcement order;
(ca) a decision of the Director to direct the
suspension of a driver licence, prescribed
licence or vehicle registration;
29. Section 121A inserted
After section 121 of the Principal Act, the
following section is inserted in Division 2:
121A. Evidentiary certificate
In any legal proceedings, a document
purporting to be a certificate signed by
the Director and relating to any one or
more of the following matters is evidence
of the facts stated in it:
(a) that a person was served with an
enforcement order;
(b) that a specified communication
has taken place with, or a
specified document has been
given to, a person, and the
content of that communication or
document.
24
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 3 - Monetary Penalties Enforcement Act 2005 Further Amended s. 30
PART 3 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 FURTHER AMENDED
30. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
31. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after paragraph (c) in the definition of
"public sector body" the following paragraph:
(ca) any person, or a person of any class of
persons, authorised under an Act to issue
or serve an infringement notice;
32. Section 14 amended (Form of infringement notice)
Section 14 of the Principal Act is amended as
follows:
(a) by omitting "An" and substituting "(1)
An";
(b) by inserting the following subsection:
(2) In subsection (1)(a)(ii) -
*No. 57 of 2005
25
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 32 Part 3 - Monetary Penalties Enforcement Act 2005 Further Amended
"prescribed penalty or
penalties" means the
penalty or penalties
prescribed under this Act
or the Act that creates the
offence or offences in
respect of which the
infringement notice is
served.
26
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 4 - Annulled Convictions Act 2003 Amended s. 33
PART 4 - ANNULLED CONVICTIONS ACT 2003
AMENDED
33. Principal Act
In this Part, the Annulled Convictions Act 2003*
is referred to as the Principal Act.
34. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "acceptance of an infringement notice,"
from the definition of "conviction" and
substituting "person being taken under section
20 of the Monetary Penalties Enforcement Act
2005 to have been convicted of the offence,".
*No. 46 of 2003
27
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 35 Part 5 - Commissions of Inquiry Act 1995 Amended
PART 5 - COMMISSIONS OF INQUIRY ACT 1995
AMENDED
35. Principal Act
In this Part, the Commissions of Inquiry Act
1995* is referred to as the Principal Act.
36. Section 32 amended (Fines for contempt)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting "section 397A of the
Criminal Code" and substituting "Part 4
of the Monetary Penalties Enforcement
Act 2005";
(b) by omitting "on a conviction for a
crime." and substituting "under section 7
of the Sentencing Act 1997.".
*No. 70 of 1995
28
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 6 - Crime (Confiscation of Profits) Act 1993 Amended s. 37
PART 6 - CRIME (CONFISCATION OF PROFITS) ACT
1993 AMENDED
37. Principal Act
In this Part, the Crime (Confiscation of Profits)
Act 1993* is referred to as the Principal Act.
38. Section 21 amended (Pecuniary penalty orders)
Section 21 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) The penalty amount payable
under a pecuniary penalty order is
to be paid within 28 days after the
order is made unless the order
specifies another time or period
for payment.
(b) by omitting from subsection (4) "civil
debt due by that person to the State." and
substituting "fine enforceable under the
Monetary Penalties Enforcement Act
2005.";
(c) by omitting from subsection (5) "A
pecuniary penalty order made by a court
*No. 20 of 1993
29
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 38 Part 6 - Crime (Confiscation of Profits) Act 1993 Amended
under this section" and substituting "If
the pecuniary penalty payable under a
pecuniary penalty order has been deemed
uncollectable in full or in part under
section 109 of the Monetary Penalties
Enforcement Act 2005, the amount so
deemed uncollectable is taken to be a
civil debt due by that person to the State
and".
30
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 7 - Inland Fisheries Act 1995 Amended s. 39
PART 7 - INLAND FISHERIES ACT 1995 AMENDED
39. Principal Act
In this Part, the Inland Fisheries Act 1995* is
referred to as the Principal Act.
40. Section 110 amended (Forfeiture on acceptance of
infringement notice)
Section 110(1) of the Principal Act is amended
by omitting "accepts an infringement notice in
relation to an offence and the infringement
notice is not withdrawn," and substituting "is
taken under section 20 of the Monetary Penalties
Enforcement Act 2005 to have been convicted of
an offence,".
*No. 110 of 1995
31
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
s. 41 Part 8 - Living Marine Resources Management Act 1995 Amended
PART 8 - LIVING MARINE RESOURCES
MANAGEMENT ACT 1995 AMENDED
41. Principal Act
In this Part, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
42. Section 226 amended (Forfeiture on acceptance of
infringement notice)
Section 226(1) of the Principal Act is amended
by omitting "accepts an infringement notice and
the infringement notice is not withdrawn," and
substituting "is taken under section 20 of the
Monetary Penalties Enforcement Act 2005 to
have been convicted of an offence,".
*No. 25 of 1995
32
Monetary Penalties Enforcement (Miscellaneous Amendments)
Act 2011
Act No. of
Part 9 - Local Government (Highways) Act 1982 Amended s. 43
PART 9 - LOCAL GOVERNMENT (HIGHWAYS) ACT
1982 AMENDED
43. Principal Act
In this Part, the Local Government (Highways)
Act 1982* is referred to as the Principal Act.
44. Section 94A amended (Proceedings in relation to
offences under this Part)
Section 94A of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) Subject to this section, where an
offence to which this section
applies occurs in relation to a
thing other than a vehicle, the
person who, at the time the
offence occurred, was the owner
of the thing is, by virtue of this
section, guilty of the offence as if
he or she were the person in
charge of the thing at that time.
(b) by inserting in subsection (3) "or
subsection (2A)" after "subsection (2)";
*No. 57 of 1982
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(c) by inserting in subsection (3) "or thing"
after "vehicle";
(d) by inserting in subsection (4) "or owner"
after "operator";
(e) by inserting in subsection (4) "or thing"
after "of the vehicle";
(f) by inserting in subsection (4)(b)(ii) "or
thing" after "vehicle";
(g) by omitting from subsection (4)(b)(iii)
"transferee." and substituting "transferee;
or";
(h) by inserting the following subparagraph
after subparagraph (iii) in subsection
(4)(b):
(iv) the person was not the owner of
the thing and stating the name of
the owner.
(i) by inserting the following subsection
after subsection (5):
(5A) If an infringement notice in
relation to an offence is
withdrawn on the basis of a
statutory declaration provided to
the corporation under
subsection (4)(b)(ii), (iii) or (iv),
this section applies to and in
respect of the person named in
the statutory declaration as being
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in charge of the vehicle or thing,
as being the transferee of the
vehicle or as being the owner of
the thing as if he or she were the
registered operator of the vehicle
or the owner of the thing in
relation to which the offence
occurred.
(j) by omitting from subsection (9)
"vehicle -" and substituting "vehicle, or
2 owners of a thing -";
(k) by inserting in subsection (10) "or 2 or
more owners of a thing" after "vehicle";
(l) by inserting in subsection (11)(a) "or
thing" after "vehicle";
(m) by omitting from subsection (11)(b)
"vehicle -" and substituting "vehicle or
thing -";
(n) by inserting in subsection (11) "or thing"
after "that the person named in the
statutory declaration as being in charge
of the vehicle";
(o) by inserting in subsection (11) "or thing"
after "was in charge of the vehicle".
45. Section 100 amended (Infringement notices)
Section 100 of the Principal Act is amended as
follows:
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(a) by inserting in subsection (1) "or on the
owner of another thing" after "a vehicle";
(b) by inserting in subsection (1) "or thing"
after "the vehicle";
(c) by inserting the following subsection
after subsection (1):
(1A) A parking attendant or a council
clerk may serve an infringement
notice on a person referred to in
section 94A(5A) in respect of an
offence relating to a vehicle or
other thing if of the opinion that
the vehicle or other thing has
been used in the commission of
an offence under section 97, 98 or
99.
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Monetary Penalties Enforcement (Miscellaneous Amendments)
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Act No. of
Part 10 - Radiation Protection Act 2005 Amended s. 46
PART 10 - RADIATION PROTECTION ACT 2005
AMENDED
46. Principal Act
In this Part, the Radiation Protection Act 2005*
is referred to as the Principal Act.
47. Section 86 amended (Regulations)
Section 86(5)(c) of the Principal Act is amended
by omitting "Act and for the service and
acceptance of an infringement notice in respect
of that offence." and substituting "Act, for the
service and issue of an infringement notice and
for related matters.".
*No. 48 of 2005
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s. 48 Part 11 - Road Safety (Alcohol and Drugs) Act 1970 Amended
PART 11 - ROAD SAFETY (ALCOHOL AND DRUGS)
ACT 1970 AMENDED
48. Principal Act
In this Part, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
49. Section 6 amended (Driving with excessive
concentration of breath or blood alcohol)
Section 6 of the Principal Act is amended by
inserting after subsection (3A) the following
subsection:
(3B) For the purposes of subsection (3)(a), a
person -
(a) whose driver licence, within the
meaning of the Vehicle and
Traffic Act 1999, is suspended
under Part 6 of the Monetary
Penalties Enforcement Act 2005;
or
(b) who is ineligible to hold such a
driver licence by reason of Part 6
of the Monetary Penalties
Enforcement Act 2005 but would
otherwise be eligible to hold such
a driver licence -
*No. 77 of 1970
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is taken to hold an Australian driver
licence.
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s. 50 Part 12 - Sentencing Act 1997 Amended
PART 12 - SENTENCING ACT 1997 AMENDED
50. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
51. Section 45 amended (Enforcement of Supreme
Court fine)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "taken,
for the purposes of this Part," and
substituting "taken, for all purposes,";
(b) by inserting the following subsection
after subsection (2):
(3) On receipt of the sealed copy of
the order, the Administrator of
Magistrates Courts is to -
(a) refer the order to the
Director, Monetary
Penalties Enforcement
Service, appointed under
section 8 of the Monetary
Penalties Enforcement
Act 2005; and
*No. 59 of 1997
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(b) notify that Director of the
date that the order setting
out the fine takes effect.
52. Section 68 amended (Compensation order)
Section 68(2) of the Principal Act is amended by
omitting "court" and substituting "Supreme
Court".
53. Section 69 amended (Enforcement of compensation
order)
Section 69 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) A compensation order made by a court of
petty sessions is taken to be a fine
enforceable under the Monetary
Penalties Enforcement Act 2005.
(3) If the amount payable under a
compensation order made by a court of
petty sessions has been deemed
uncollectable in full or in part under
section 109 of the Monetary Penalties
Enforcement Act 2005, the order is taken
to be a judgement of the Magistrates
Court (Civil Division) and is enforceable
under the Magistrates Court (Civil
Division) Act 1992.
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Act No. of
s. 54 Part 13 - Miscellaneous
PART 13 - MISCELLANEOUS
54. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
42 Government Printer, Tasmania