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CLAUSE NOTES
Monetary Penalties Enforcement Amendment Bill 2009
Part 1
Clause 1: Short Title
Clause 2: Commencement date (most of the Act will
commence on proclamation but Part 3 is to
commence when the principal Act
commenced.
Part 2
Clause 3: Defines the Principal Act for Part 2
Clause 4: Inserts "pecuniary penalty order made under
the Crime (Confiscation of Profits) Act 1993" in
the definition of "fine" in section 3 to enable
collection through the MPEA;
Amends definitions of "notice of election" and
public sector body in section 3
Clause 5: Amends section 9 to remove the option for a
fee-paying public sector body to enforce
payment of a fine through the Civil Courts
unless the Director has deemed it to be
uncollectable and has removed it from any
record of monies owing to the Director
Clause 6: Amends section 10 to confer on the Director
functions and powers consistent with Part 7 of
the Service and Execution of Process Act 1992 of
the Commonwealth
Clause 7: Amends section 12 to remove the
requirement that an enforcement officer be
an assistant bailiff under the Magistrates Court
(Civil Division) Act 1992
Clause 8: Amends section 23 to incorporate references
to fee-paying public sector bodies as the
procedure in respect of withdrawal of
infringement notices is in practice almost
identical for both types of public sector
bodies.
Clause 9: Repeals section 24 as the relevant matters are
now incorporated into section 23.
Clause 10: Amends section 25 to allow monies paid in
respect of a withdrawn infringement notice to
be retained if an enforcement order in respect
of another monetary penalty could be issued
against the relevant person.
Clause 11: Amends section 27 to clarify the effect of a
variation of payment notice issued in response
to an application made after a sanction under
Part 6 or Part 7 has been imposed.
Clause 12: Amends section 35 to insert a definition of
"prescribed unit" for the purposes of the
section.
Clause 13: Amends the heading of Part 4 to more
accurately reflect the contents of the Part.
Clause 14: Omits subsection (2) of section 43 to remove
the possibility of a person being subject
simultaneously to both enforcement orders
/sanctions and civil penalties in respect to a
compensation order.
Clause 15: Inserts a new section 43A to require the
Director to pay an amount paid in respect of a
compensation order to the person entitled to
compensation under the order.
Clause 16: Amends the Heading of Part 5 to reflect the
changes to the content of the Part.
Clause 17: Inserts a new section 46A to require the
Director to serve an enforcement order that
has been issued on the person in respect of
whom it is issued.
Clause 18: Amends section 50 to allow monies paid in
respect of an offence in relation to which a
successful appeal has revoked the monetary
penalty to be retained if an enforcement order
could be issued against the relevant person in
respect of another monetary penalty.
Clause 19: Amends section 54 to include unsatisfactory
compliance with a variation of payment
conditions notice or an MPCSO as grounds for
the issue of an administrative sanction.
Clause 20: Amends section 56 to require the Registrar of
Motor Vehicles to record a direction to
suspend in the driver licence register kept
under the Vehicle and Traffic Act 1999.
Inserts a new subsection 56(2A) requiring the
Registrar to give the enforcement debtor
written notice of the suspension and the day
the suspension takes effect.
Amends subsections 56(4) and (5) to clarify
that a driver licence suspended under this
section may not be renewed, replaced nor a
duplicate issued and that the enforcement
debtor is ineligible to be issued with a driver
licence while the suspension is recorded in the
driver licence register.
Clause 21: Amends section 58 to omit paragraph (1)(c)
and subsection (2). The content of these
provisions has been relocated into section 6 of
the Road Safety (Alcohol and Drugs) Act 1970.
Clause 22: Amends section 59 by omitting subsection (2).
The content of this subsection is now dealt
with in section 60.
Clause 23: Amends section 60 to insert a new subsection
(2A) to require the Registrar to give an
enforcement debtor written notice of the
suspension of his or her vehicle registration
and the day on which the suspension takes
effect.
Inserts a new subsection 60(2B) to prevent the
renewal of registration, or issue of a duplicate
certificate of registration, whilst a registration
is suspended.
Clause 24: Substitutes a new section 68 to require the
Director to serve an enforcement warrant
imposing a charge on registered land on
enforcement debtor; to require the Recorder
of Titles to register an enforcement warrant
lodged with the Recorder on the folio of the
Register stated in the enforcement warrant
and provides that an enforcement warrant
issued under this section is taken to be a
mortgage for the purpose of Division 5 of Part
VI of the Land Titles Act 1980.
Clause 25: Amends section 69 to specify the subsections
taken to have been satisfied.
Clause 26: Amends section 70 to insert new subsections
(3), (4) and (5) to require a discharge of an
enforcement warrant to be in an approved
form; that the Director is to lodge the
discharge of enforcement warrant with the
Recorder and on lodgement the Recorder is to
discharge and remove the enforcement
warrant from the Register.
Clause 27: Amends section 109 to provide for a situation
where a monetary penalty is provable in
bankruptcy and the enforcement debtor has
become bankrupt.
Clause 28: Clarifies section 120 in respect to non-
reviewable decisions.
Clause 29: Inserts a new section 121A which provides for
an evidentiary certificate signed by the
Director to be evidence of the facts stated in it
in any legal proceedings.
Part 3
Clause 30: Defines the Principal Act (Monetary Penalties
Enforcement Act) for the purpose of Part 3.
Clause 31: Amends section 3 by inserting a new paragraph
(ca) in the definition of "public sector body"
Clause 32: Amends section 14 by inserting a definition of
"prescribed penalty or penalties"
Part 4
Clause 33: Defines the Principal Act for the purpose of
Part 4.
Clause 34: Makes a consequential amendment to section 3
of that Act for consistency with the Monetary
Penalties Enforcement Act 2005.
Part 5
Clause 35: Defines the Principal Act for the purpose of
Part 5
Clause 36: Makes a consequential amendments to section
32 of that Act for consistency with the
Monetary Penalties Enforcement Act 2005
Part 6
Clause 37: Defines the Principal Act for the purpose of
Part 6
Clause 38: Amends section 21 of that Act to provide that
unless otherwise specified on the order, a
pecuniary penalty order is payable within 28
days; to provide that a pecuniary penalty order
is taken to be a fine enforceable under the
Monetary Penalties Enforcement Act 2005 and
that a pecuniary penalty order that has been
deemed uncollectable under section 109 of the
Monetary Penalties Enforcement Act 2005 is
taken to be a civil debt.
Part 7
Clause 39: Defines the Principal Act for the purpose of
Part 7
Clause 40: Makes a consequential amendment to section
110 of that Act for consistency with the
Monetary Penalties Enforcement Act 2005
Part 8
Clause 41: Defines the Principal Act for the purpose of
Part 8
Clause 42: Makes a consequential amendment to section
226 of that Act for consistency with the
Monetary Penalties Enforcement Act 2005
Part 9
Clause 43: Defines the Principal Act for the purpose of
Part 9
Clause 44: Amends section 94A of that Act by inserting a
new subsection (2A) to provide for the
situation where the offence related to a thing
other than a motor vehicle, for example where
a parking space is blocked by a large rubbish
receptacle and makes further consequential
amendments in relation to this.
Amends section 94A of that Act by inserting a
new subsection (5A) to provide for the section
to apply to a person named in a statutory
declaration as being in charge of the vehicle or
thing as if he or she were the registered
operator.
Clause 45: Amends section 100 of that Act so that it also
applies to a thing other than a vehicle and to
insert a new subsection (1A) to allow an
infringement notice to be served on a person
referred to in new section 94A(5A).
Part 10
Clause 46: Defines the Principal Act for the purpose of
Part 10
Clause 47: Makes a consequential amendment to section
86 of that Act for consistency with the
Monetary Penalties Enforcement Act 2005
Part 11
Clause 48: Defines the Principal Act for the purpose of
Part 11
Clause 49: Amends section 6 of the of that Act by
inserting a new subsection (3B) to ensure that
a person who has a driver licence suspended
under Part 6 of the Monetary Penalties
Enforcement Act 2005 is taken to hold a driver
licence for the purpose of subsection 3(a).
Part 12
Clause 50: Defines the Principal Act for the purpose of
Part 12
Clause 51: Amends section 45 of that Act to clarify that a
Supreme Court fine is taken to have been
made by the court of petty sessions for all
purposes once a sealed copy of the order is
delivered to the Administrator of the
Magistrates Court and that the order is the to
be referred to the Director, Monetary
Penalties Enforcement Service for collection
and enforcement.
Clause 52: Amends section 68 of that Act to remove the
ability of the Court to order instalment
payments of a compensation order.
Clause 53: Amends section 69 of that Act to clarify that a
compensation order made by a court of petty
sessions is taken to be a fine enforceable under
the Monetary Penalties Enforcement Act 2005
unless the amount owing under the order has
been deemed uncollectable under section 109
of that Act when the order will be taken to be
a judgement of the Magistrates Court (Civil
Division).
Part 13
Clause 54: Provides for the repeal of this Act