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MONETARY PENALTIES ENFORCEMENT (CONSEQUENTIAL AMENDMENTS) BILL 19 OF 2008

                                      FACT SHEET

       Monetary Penalties Enforcement (Consequential Amendments) Bill 2008

The purpose of this Bill is to make some further consequential amendments to allow the
commencement of the Monetary Penalties Enforcement Act 2005.

The Bill makes substantial amendments to Part 7 of the Local Government (Highways) Act
1982 to replace outdated terminology such as "forfeits' and "compositions" with modern
expressions such as "penalties" and infringement notice penalties" and to make the Act
otherwise consistent with the Principal Act.

The Bill contains amendments to the Appeal Costs Fund Act 1968 to provide that fees
payable under that Act which are collected by the Director, Monetary Penalties Enforcement
Service (MPES) are remitted to the Registrar of the Supreme Court.

The Bill also amends the Victims of Crime Compensation Act 1994 to ensure that payment
of a compensation levy may be enforced by the Director, MPES.

The Bill contains some further amendments to the Principal Act, including a power for a
person authorised to issue an infringement notice (under any Act) to require the alleged
offender to provide his or her name, address and date of birth.

The Bill also specifically provides for the Director, MPES to revoke a monetary penalties
community service order if the person to whom it was issued has been found guilty by a
Court of a breach of that order.

Other minor amendments to the Principal Act clarify the intent of the Act in areas where the
original wording was not as clear as it might have been or did not adequately reflect actual
administrative processes.

Finally, the Bill makes minor amendments to various Acts to remove outdated section
references etc.

 


 

 


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