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This is a Bill, not an Act. For current law, see the Acts databases.


FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT AMENDMENT (COMPENSATION) BILL 2008

                    Western Australia




Fines, Penalties and Infringement Notices
Enforcement Amendment (Compensation)
                 Bill 2008

                       CONTENTS


 1.   Short title                                           2
 2.   Commencement                                          2
 3.   Act amended                                           2
 4.   Section 108A inserted                                 2
      108A.    Credit for punishment served in error   2




                         019--1                             page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



   Fines, Penalties and Infringement Notices
   Enforcement Amendment (Compensation)
                    Bill 2008


                               A Bill for


An Act to amend the Fines, Penalties and Infringement Notices
Enforcement Act 1994.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Fines, Penalties and Infringement Notices Enforcement Amendment
     (Compensation) Bill 2008



     s. 1



     1.       Short title
              This is the Fines, Penalties and Infringement Notices
              Enforcement Amendment (Compensation) Act 2008.

     2.       Commencement
 5            This Act comes into operation as follows --
               (a) sections 1 and 2 -- on the day on which this Act
                     receives the Royal Assent;
               (b) the rest of the Act -- on a day fixed by proclamation.

     3.       Act amended
10            This Act amends the Fines, Penalties and Infringement Notices
              Enforcement Act 1994.

     4.       Section 108A inserted
              After section 107 insert:

15          108A.   Credit for punishment served in error
              (1)   This section applies if, because of an error in
                    administering this Act, a person (the offender) liable to
                    punishment described in subsection (2) is punished for
                    longer than is provided for by law.
20            (2)   The punishment referred to in subsection (1) is --
                     (a) imprisonment under a warrant of commitment
                           issued under section 53; or
                     (b) community corrections activities done under a
                           work and development order made under
25                         section 48.
              (3)   This section applies whether the error was made, or the
                    person was punished, before or after the day on which
                    the Fines, Penalties and Infringement Notices
                    Enforcement Amendment (Compensation) Act 2008
30                  section 4 comes into operation.

     page 2
     Fines, Penalties and Infringement Notices Enforcement Amendment
                                               (Compensation) Bill 2008



                                                                         s. 4


       (4)   The Registrar may credit the offender with an amount
             of money calculated at the rate that, when the amount
             is credited, applies for working out the time for which
             an offender is to be imprisoned or do community
 5           corrections activities.
       (5)   The Registrar may --
              (a) pay the amount credited to the offender; or
              (b) offset the whole or any part of it against any
                   amount that the offender owes for, or because
10                 of, a fine registered under section 41(1); or
              (c) in circumstances described in subsection (6),
                   apply the whole or any part of it to payment of
                   the whole or any part of the modified penalty
                   and enforcement fees payable in respect of an
15                 infringement notice registered under section 16.
       (6)   The Registrar may apply an amount in accordance with
             subsection (5)(c) if --
               (a) under section 18(1), the Registrar could, in
                    respect of the infringement notice, issue a
20                  notice of intention to suspend licences; or
               (b) the Registrar has issued a notice of that kind
                    and the alleged offender has not made an
                    election under section 21.
       (7)   Whether or not the Registrar gives the offender a credit
25           under this section, the State is not liable in respect of
             punishment inflicted as a result of the error.




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