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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Acts Amendment (Fines Enforcement)
Bill 1999
A Bill for
An Act to amend the --
• Fines, Penalties and Infringement Notices Enforcement
Act 1994; and
• Sentencing Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
25--1
Acts Amendment (Fines Enforcement) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Fines
Enforcement) Act 1999.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Acts Amendment (Fines Enforcement) Bill 1999
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994
s. 3
Part 2 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994
3. The Act amended by this Part
The amendments in this Part are to the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994*.
[* Reprinted as at 12 March 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 93, and Gazette 12 March 1999.]
4. Section 47 amended
10 Section 47(5) is repealed.
5. Sections 47A and 47B inserted
After section 47 the following sections are inserted --
"
47A. Order to attend for work and development may be
15 issued ahead of other enforcement measures
(1) Despite sections 42 to 45 and 47, at any time after a
fine is registered the Registrar may issue an order to
attend for work and development in respect of the
offender if the Registrar is satisfied --
20 (a) that the offender --
(i) does not have the means to pay the
amount owed;
(ii) is not the holder of a vehicle licence;
(iii) does not have any personal property that
25 could be seized under a warrant of
execution to satisfy, wholly or partly,
the amount owed; and
page 3
Acts Amendment (Fines Enforcement) Bill 1999
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994
s. 5
(iv) will be unlikely to have the means to
pay, or personal property that could be
so seized, within a reasonable time after
the fine was registered;
5 (b) that the offender --
(i) is the holder of a driver's licence but is
disqualified from holding or obtaining
such a licence; or
(ii) is not the holder of a driver's licence;
10 and
(c) that the issue of a licence suspension order has
not resulted, or would be unlikely to result, in
the amount owed being paid within a
reasonable time after the fine was registered.
15 (2) An order issued under subsection (1) must be served on
the offender personally.
(3) On issuing an order under subsection (1), the Registrar
must cancel --
(a) any licence suspension order; or
20 (b) any warrant of execution,
that is in force in respect of the offender in respect of
the fine.
47B. Effect of order to attend for work and development
An order to attend for work and development issued
25 under section 47 or 47A is an order requiring the
offender, within 7 days after the service of the order --
(a) to pay the amount owed; or
page 4
Acts Amendment (Fines Enforcement) Bill 1999
Fines, Penalties and Infringement Notices Enforcement Part 2
Act 1994
s. 6
(b) to report to a community corrections centre to
be assessed for the purposes of deciding
whether a WDO should be made in respect of
the offender.
5 ".
6. Section 48 amended
After section 48(2) the following subsection is inserted --
"
(2a) If an offender reports to a community corrections
10 centre pursuant to an order made under section 57A(3)
of the Sentencing Act 1995, the CEO must make a
WDO in respect of the offender and subsections (1)
and (2) do not apply.
".
15 7. Section 53 amended
Section 53(1) is amended as follows:
(a) by inserting after "development" --
"
or with an order made under section 57A(3) of
20 the Sentencing Act 1995
";
(b) in paragraph (a) by deleting "attend" and inserting
instead --
" report ".
page 5
Acts Amendment (Fines Enforcement) Bill 1999
Part 3 Sentencing Act 1995
s. 8
Part 3 -- Sentencing Act 1995
8. The Act amended by this Part
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprinted as at 16 April 1999.
5 For subsequent amendments see Acts Nos. 53 of 1998 and
5 and 16 of 1999.]
9. Section 57 amended
Section 57(2) is amended by inserting after "section" --
" 57A, ".
10 10. Sections 57A and 57B inserted
After section 57 the following sections are inserted --
"
57A. Fine enforcement by means of WDO
(1) In this section and section 57B words and expressions
15 have the same definitions as in the Fines, Penalties and
Infringement Notices Enforcement Act 1994.
(2) This section applies if --
(a) a court fines an offender and does not also
impose a term of imprisonment; and
20 (b) the offender at the time is not in custody
serving a sentence of imprisonment.
(3) The court, in addition to imposing the fine, may make a
fine enforcement (WDO) order.
page 6
Acts Amendment (Fines Enforcement) Bill 1999
Sentencing Act 1995 Part 3
s. 10
(4) A fine enforcement (WDO) order is an order requiring
the offender, within 7 days after the order is made --
(a) to pay the fine in full; or
(b) to report to a community corrections centre to
5 be served with a work and development order
("WDO") in respect of the fine.
(5) The court must not make a fine enforcement (WDO) order
unless --
(a) the offender is personally present in court;
10 (b) the court is satisfied by evidence on oath from
the offender that the offender --
(i) does not have the means to pay the fine,
either within 28 days or pursuant to a
time to pay order;
15 (ii) is not the holder of a vehicle licence;
(iii) does not have any personal property that
could be seized under a warrant of
execution issued under the Fines, Penalties
and Infringement Notices Enforcement
20 Act 1994 to satisfy, wholly or partly, the
fine;
(iv) will be unlikely to have the means to pay,
or personal property that could be so
seized, within a reasonable time after the
25 fine is imposed; and
(v) is mentally and physically capable of
performing the requirements of a WDO;
(c) the court is satisfied by evidence on oath from
the offender that the offender --
30 (i) is the holder of a driver's licence but is
disqualified from holding or obtaining
such a licence; or
page 7
Acts Amendment (Fines Enforcement) Bill 1999
Part 3 Sentencing Act 1995
s. 10
(ii) is not the holder of driver's licence;
and
(d) the court is satisfied that the issue of a licence
suspension order under the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994
would be unlikely to result in the fine being
paid within a reasonable time after the fine is
imposed.
(6) A fine enforcement (WDO) order must be served on
10 the offender personally.
(7) A fine enforcement (WDO) order may only be made
during the sentencing proceedings and not afterwards.
(8) Sections 48 to 53 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 apply to
15 and in respect of a WDO served pursuant to a fine
enforcement (WDO) order.
57B. Court may cancel order on application of Fines
Enforcement Registrar
(1) If under section 57A(3) a court makes a fine
20 enforcement (WDO) order, notice of it must be given
to the Registrar.
(2) Within 28 days of the making of the order the Registrar
may apply for the order to be cancelled.
(3) The application must be made in accordance with the
25 regulations and must be served on the offender
concerned.
(4) On an application by the Registrar, the court may
cancel the order if it is satisfied, after reconsidering the
matters in section 57A(5)(b) and (c), that the order
30 should not have been made.
page 8
Acts Amendment (Fines Enforcement) Bill 1999
Sentencing Act 1995 Part 3
s. 10
(5) If the court cancels the order, the WDO made pursuant
to it is to be taken to be cancelled and the fine must be
paid, and may be enforced, under the Fines, Penalties
and Infringement Notices Enforcement Act 1994.
5 (6) If the court cancels the order, then for the purposes of
section 32 of the Fines, Penalties and Infringement
Notices Enforcement Act 1994 the fine is to be taken to
have been imposed on the day when the order was
cancelled.
10 (7) If a WDO has been wholly or partially completed at the
time it is to be taken to be cancelled under
subsection (5), the offender's liability to pay the fine is
to be reduced in accordance with regulations made
under the Fines, Penalties and Infringement Notices
15 Enforcement Act 1994.
".
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