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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2012
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Fines, Penalties and
Infringement Notices
Enforcement Act 1994 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 5 amended 4
6. Section 7A amended 4
7. Section 10 amended 4
8. Section 10A amended 5
9. Section 11 amended 5
10. Section 17 amended 7
11. Section 18 amended 7
12. Section 19 amended 9
13. Section 20 amended 10
14. Section 21A inserted 10
21A. Enforcement warrant 10
15. Section 21 amended 11
16. Section 22 amended 12
17. Section 27A amended 13
18. Section 32 replaced 14
32. Offender must pay fine or get time to pay
order 14
19. Section 39 amended 14
20. Section 42 replaced 15
42. Notice of intention to enforce 15
266--2 page i
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Contents
21. Section 43 amended 16
22. Section 44 amended 17
23. Section 45 amended 17
23A. Section 48A inserted 18
48A. Order to attend for work and development:
cancellation 18
23B. Section 53A inserted 18
53A. WDO: effect of cancellation 18
24. Section 55A amended 19
25. Part 5A inserted 19
Part 5A -- Publication of details of persons on
Registrar's website
Division 1 -- Preliminary
56A. Terms used 19
56B. Outstanding registered fines 20
56C. Relevant details of persons 21
Division 2 -- Publication of relevant details of
persons on Registrar's website
56D. Publication of relevant details of persons
on Registrar's website 22
56E. Removal of relevant details from website 23
26. Section 63 amended 24
27. Section 65 replaced 25
65. Warrant has indefinite life 25
28. Section 68A amended 26
29. Section 68B inserted 27
68B. Notice of right to apply under s. 101AA to
be given for warrants issued under Part 3 27
30. Section 69 amended 28
31. Section 70E amended 29
32. Part 7 Division 6A inserted 29
Division 6A -- Additional powers relating to vehicles
Subdivision 1 -- General provisions
95A. Application of this Division 29
95B. Warning notices 30
Subdivision 2 -- Immobilisation of vehicles
95C. Immobilisation of vehicles 30
95D. Removal of immobilisation of vehicle 31
95E. Offences relating to immobilisation of
vehicles 32
Subdivision 3 -- Removal of number plates
95F. Removal of number plates 32
page ii
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Contents
95G. Vehicle licence suspension order made
when number plates are removed 34
95H. Return of number plates 35
95I. Offence of interfering with or removing
notice 36
Subdivision 4 -- Vehicle licence cancellation orders
95J. Vehicle licence cancellation order 36
Subdivision 5 -- Powers for this Division
95K. Powers enabling immobilisation of
vehicles and removal of number plates
etc. 38
33. Section 98A inserted 40
98A. Seized property to be released if warrant
ceases to be in force 40
34. Section 101AA inserted 40
101AA. Magistrates Court may set aside
enforcement warrant issued under Part 3 40
35. Section 101B amended 42
36. Section 101C amended 44
37. Section 101D amended 45
38. Section 108B inserted 46
108B. Amounts to be credited to agency special
purpose account 46
39. Section 108 amended 47
40. Part 9 inserted 48
Part 9 -- Transitional and validation provisions
110. Transitional provisions as to warrants of
execution 48
111. Transitional provisions as to notices of
intention to suspend licences issued under
s. 18 48
112. Transitional provisions as to notices of
intention to suspend licences issued under
s. 42 49
113. Transitional provisions as to infringement
notices 49
114. Validation 50
41. Other provisions amended 50
Part 3 -- Equal Opportunity Act 1984
amended
42. Act amended 53
43. Long title amended 53
44. Section 3 amended 53
page iii
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Contents
45. Section 4 amended 53
46. Section 5 amended 53
47. Part IVC inserted 54
Part IVC -- Discrimination on ground of publication
of relevant details of persons on Fines
Enforcement Registrar's website
Division 1 -- General
67A. Discrimination on ground of publication of
relevant details on Fines Enforcement
Registrar's website 54
Division 2 -- Discrimination in work
67B. Discrimination against applicants and
employees 55
67C. Discrimination against commission agents 56
67D. Discrimination against contract workers 57
67E. Professional or trade organisations etc. 57
67F. Qualifying bodies 58
67G. Employment agencies 59
Division 3 -- Discrimination in other areas
67H. Goods, services and facilities 59
67I. Accommodation 60
48. Section 67 amended 61
49. Section 80 amended 61
50. Section 135 amended 62
51. Section 137 amended 62
52. Section 140 amended 63
Part 4 -- Other Acts amended
Division 1 -- Criminal Investigation (Identifying
People) Act 2002 amended
53. Act amended 64
54. Section 73 amended 64
Division 2 -- Electricity Corporations Act 2005
amended
55. Act amended 64
56. Section 50A inserted 64
50A. Disclosure of information to fines Registrar 64
Division 3 -- Mines Safety and Inspection
Act 1994 amended
57. Act amended 65
58. Section 101F amended 65
page iv
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Contents
59. Section 101J amended 65
Division 4 -- Occupational Safety and Health
Act 1984 amended
60. Act amended 65
61. Section 55L amended 65
62. Section 55P amended 66
Division 5 -- Parental Support and
Responsibility Act 2008 amended
63. Act amended 66
64. Section 36 amended 66
Division 6 -- Rail Safety Act 2010 amended
65. Act amended 67
66. Section 208 amended 67
67. Section 212 amended 67
Division 7 -- Road Traffic Act 1974 amended
68. Act amended 67
69. Section 17 amended 68
70. Section 27A amended 69
Division 7A -- Road Traffic (Vehicles) Act 2012
amended 69
70A. Act amended 69
70B. Section 5 amended 70
70C. Section 16 amended 71
70D. Section 125 amended 71
Division 8 -- Sentencing Act 1995 amended
71. Act amended 72
72. Section 57A amended 72
73. Section 57B amended 72
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2012
A Bill for
An Act to amend the Fines, Penalties and Infringement Notices
Enforcement Act 1994 and the Equal Opportunity Act 1984 and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Fines, Penalties and Infringement Notices
4 Enforcement Amendment Act 2012.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 3
1 Part 2 -- Fines, Penalties and Infringement Notices
2 Enforcement Act 1994 amended
3 3. Act amended
4 This Part amends the Fines, Penalties and Infringement Notices
5 Enforcement Act 1994.
6 4. Section 3 amended
7 (1) In section 3(1) insert in alphabetical order:
8
9 child means a person who is under 18 years of age;
10 Department of Corrective Services means the
11 department of the Public Service principally assisting
12 the Minister in the administration of the Court Security
13 and Custodial Services Act 1999;
14 Electricity Retail Corporation means the Electricity
15 Retail Corporation established under the Electricity
16 Corporations Act 2005 section 4(1)(c);
17 number plate --
18 (a) before the Road Traffic (Vehicles) Act 2012
19 section 3 comes into operation -- has the
20 meaning given in the Road Traffic Act 1974
21 section 5(1); or
22 (b) after the Road Traffic (Vehicles) Act 2012
23 section 3 comes into operation -- has the
24 meaning given in that section;
25 Sheriff means the Sheriff of Western Australia;
26
27 (2) At the end of section 3 insert:
28
29 (2) For the purposes of this Act, a vehicle is licensed in the
30 name of a person if the person holds the vehicle licence
page 3
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 5
1 in respect of the vehicle, whether or not the vehicle
2 licence is suspended.
3
4 5. Section 5 amended
5 (1) In section 5(3) delete "Part 4 or 7, a person's" and insert:
6
7 Part 4 or 7 on a person or the publication of relevant
8 details of a person under Part 5A, if a fine has been
9 imposed on the person, the person's
10
11 (2) Delete section 5(4) and insert:
12
13 (4) For the purposes of the service of any document under
14 this Act, a person's last known address may be taken to
15 be the person's current address shown in the records
16 of --
17 (a) the Director General; or
18 (b) the Electricity Retail Corporation.
19
20 6. Section 7A amended
21 Before section 7A(1)(a) insert:
22
23 (aa) the power under section 21A to issue an
24 enforcement warrant; and
25
26 7. Section 10 amended
27 (1) In section 10 after "necessary" insert:
28
29 or convenient
page 4
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 8
1 (2) In section 10 delete the passage that begins with "of the
2 records" and continues to the end of the section and insert:
3
4 of --
5 (a) the records kept by the Director General under
6 the Road Traffic Act 1974 or, after the Road
7 Traffic (Administration) Act 2008 section 4
8 comes into operation, a road law in relation to
9 drivers' licences and vehicle licences; and
10 (b) the records that the Electricity Retail
11 Corporation has of the names and addresses of
12 its customers.
13
14 Note: The heading to amended section 10 is to read:
15 Registrar has access to records of Director General and
16 Electricity Retail Corporation
17 8. Section 10A amended
18 In section 10A delete "Police" and insert:
19
20 Police, or to an officer of the Department of Corrective
21 Services,
22
23 Note: The heading to amended section 10A is to read:
24 Registrar may disclose information to Commissioner of Police or
25 officer of Department of Corrective Services
26 9. Section 11 amended
27 (1) In section 11 insert in alphabetical order:
28
29 aggregate unpaid infringement amount, in relation to
30 an alleged offender, means the aggregate of the unpaid
page 5
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 9
1 infringement amounts for each outstanding order to pay
2 or elect in relation to the alleged offender;
3 outstanding order to pay or elect, in relation to an
4 alleged offender, means an order to pay or elect issued
5 to the alleged offender under section 17, where --
6 (a) the modified penalty, and enforcement fees,
7 specified in that order have not been paid in
8 full, or recovered in full under an enforcement
9 warrant; and
10 (b) an election has not been made under section 21
11 in relation to the infringement notice to which
12 the order relates; and
13 (c) no time to pay order is in force under
14 section 27A in respect of the alleged offender
15 and the modified penalty, and enforcement
16 fees, specified in that order; and
17 (d) if an enforcement warrant issued under
18 section 21A is in force in respect of the alleged
19 offender and the modified penalty, and
20 enforcement fees, specified in the order -- no
21 arrangement under section 68A is in force in
22 relation to the warrant; and
23 (e) the prosecuting authority has not, under
24 section 22, withdrawn proceedings in respect of
25 the infringement notice to which the order
26 relates;
27 unpaid infringement amount, in relation to an order to
28 pay or elect issued under section 17, means that
29 amount of the modified penalty, and enforcement fees,
30 specified in the order that has not been paid, or
31 recovered under an enforcement warrant.
32
page 6
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 10
1 (2) In section 11 in the definition of registered delete "section 16."
2 and insert:
3
4 section 16;
5
6 10. Section 17 amended
7 (1) After section 17(1) insert:
8
9 (2A) An order to pay or elect must not relate to more than
10 one registered infringement notice.
11
12 (2) In section 17(4) delete "licence suspension order." and insert:
13
14 licence suspension order or may, in some
15 circumstances, issue an enforcement warrant.
16
17 11. Section 18 amended
18 (1) In section 18(1) delete "suspend licences." and insert:
19
20 enforce.
21
22 (2) Delete section 18(2) and insert:
23
24 (2) A notice of intention to enforce must be served on the
25 alleged offender.
26
page 7
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 11
1 (3) In section 18(3):
2 (a) delete "suspend licences" and insert:
3
4 enforce
5
6 (b) delete "the Registrar may make a licence suspension
7 order in respect of the alleged offender." and insert:
8
9 the Registrar --
10 (c) may make a licence suspension order in respect
11 of the alleged offender; and
12 (d) in some circumstances, may issue an
13 enforcement warrant in respect of the alleged
14 offender.
15
16 (4) In section 18(4) delete "suspend licences." and insert:
17
18 enforce.
19
20 (5) In section 18(5):
21 (a) delete "suspend licences" and insert:
22
23 enforce
24
25 (b) after paragraph (c) insert:
26
27 (da) state that, if the Registrar issues an enforcement
28 warrant --
29 (i) the alleged offender will cease to be
30 entitled to make an election under
31 section 21 in relation to the
page 8
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 12
1 infringement notice to which the
2 warrant relates; and
3 (ii) the alleged offender will be required to
4 pay the modified penalty, and
5 enforcement fees, specified in the
6 warrant;
7 and
8 (db) state the effect that an enforcement warrant will
9 have if it is issued; and
10
11 (6) In section 18 after each of subsections (1)(a) and (5)(a) and (b)
12 insert:
13
14 and
15
16 Note: The heading to amended section 18 is to read:
17 Notice of intention to enforce
18 12. Section 19 amended
19 (1) In section 19(1):
20 (a) in paragraph (a) delete "suspend licences;" and insert:
21
22 enforce; and
23
24 (b) delete "the Registrar" and insert:
25
26 then, whether or not an enforcement warrant issued
27 under section 21A is in force, the Registrar
28
page 9
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 13
1 (2) In section 19(5) delete "suspend licences" and insert:
2
3 enforce
4
5 (3) In section 19:
6 (a) after subsection (3)(a) insert:
7
8 or
9
10 (b) after subsection (9)(a) insert:
11
12 and
13
14 13. Section 20 amended
15 Delete section 20(1)(a) and insert:
16
17 (a) the relevant modified penalty and the
18 associated enforcement fees are paid to the
19 Registry or recovered under an enforcement
20 warrant; or
21
22 14. Section 21A inserted
23 At the end of Part 3 Division 2 insert:
24
25 21A. Enforcement warrant
26 (1) If --
27 (a) 28 days have elapsed since the day on which a
28 notice of intention to enforce was issued; and
page 10
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 15
1 (b) the modified penalty, and enforcement fees,
2 specified in the notice have not been paid to the
3 Registry; and
4 (c) the alleged offender has not made an election
5 under section 21; and
6 (d) the aggregate unpaid infringement amount in
7 relation to the alleged offender is at least --
8 (i) $2 000; or
9 (ii) if regulations prescribe a higher amount
10 for the purposes of this paragraph --
11 that higher amount,
12 then, whether or not a licence suspension order made
13 under section 19 is in force, the Registrar may issue an
14 enforcement warrant.
15 (2) An enforcement warrant must be in the prescribed form
16 and be directed to the Sheriff.
17 (3) An enforcement warrant must specify the modified
18 penalty and enforcement fees owed by the alleged
19 offender.
20 (4) An enforcement warrant must be executed under
21 Part 7.
22 (5) The Registrar may at any time cancel an enforcement
23 warrant for good reason.
24
25 15. Section 21 amended
26 (1) In section 21(1):
27 (a) in paragraph (c) delete "27A(4)," and insert:
28
29 27A(4); and
30
page 11
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 16
1 (b) after paragraph (c) insert:
2
3 (d) before an enforcement warrant is issued in
4 respect of the modified penalty and
5 enforcement fees,
6
7 (2) In section 21 after each of subsections (1)(a) and (4)(a) insert:
8
9 and
10
11 16. Section 22 amended
12 (1) In section 22(4):
13 (a) in paragraph (a) delete "notice;" and insert:
14
15 notice; and
16
17 (b) after paragraph (b) insert:
18
19 (ca) if an enforcement warrant has been issued in
20 respect of the alleged offender and the
21 infringement notice -- the warrant is cancelled;
22 and
23
24 (2) Delete section 22(5) and insert:
25
26 (5) If proceedings are withdrawn under this section --
27 (a) the alleged offender is to be refunded any
28 amount paid under this Part by the alleged
29 offender in respect of the alleged offence; and
page 12
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 17
1 (b) if --
2 (i) an enforcement warrant was issued in
3 respect of the infringement notice; and
4 (ii) property of the alleged offender was
5 seized and sold under the enforcement
6 warrant before it was cancelled under
7 subsection (4)(ca),
8 the alleged offender is to be paid an amount
9 equal to the market value of the sold property;
10 and
11 (c) if --
12 (i) an enforcement warrant was issued in
13 respect of the infringement notice; and
14 (ii) under the enforcement warrant, a
15 vehicle licence cancellation order was
16 made in respect of a vehicle registered
17 in the name of the alleged offender,
18 the alleged offender is to be paid an amount
19 calculated in accordance with the regulations.
20
21 17. Section 27A amended
22 In section 27A(2):
23 (a) in paragraph (b) delete "section 21." and insert:
24
25 section 21; or
26
27 (b) after paragraph (b) insert:
28
29 (c) if an enforcement warrant issued under
30 section 21A is in force in relation to the
31 infringement notice.
32
page 13
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 18
1 18. Section 32 replaced
2 Delete section 32 and insert:
3
4 32. Offender must pay fine or get time to pay order
5 (1) When a fine is imposed, an offender must either --
6 (a) pay the fine; or
7 (b) apply for a time to pay order in respect of the
8 fine.
9 (2) If --
10 (a) a fine has been imposed; and
11 (b) the offender has not paid the fine; and
12 (c) the offender has not applied for a time to pay
13 order in respect of the fine or the offender's
14 application for a time to pay order in respect of
15 the fine was refused,
16 a court officer, without notice to the offender, may at
17 any time register the fine.
18
19 19. Section 39 amended
20 Delete section 39(1) and insert:
21
22 (1) A fine imposed on an offender may be registered by a
23 court officer if the prosecuting authority has given the
24 court officer a written notice requesting the court
25 officer to register the fine.
26
27 Note: The heading to amended section 39 is to read:
28 Fine may be registered at request of prosecuting authority
page 14
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 20
1 20. Section 42 replaced
2 Delete section 42 and insert:
3
4 42. Notice of intention to enforce
5 (1) When a fine is registered, the Registrar may issue a
6 notice of intention to enforce.
7 (2) A notice of intention to enforce must be served on the
8 offender.
9 (3) A notice of intention to enforce must contain a
10 statement to the effect that unless before a date
11 specified in the notice (the due date) the amount owed
12 is paid, the Registrar --
13 (a) may make a licence suspension order in respect
14 of the offender; and
15 (b) may issue an enforcement warrant in respect of
16 the offender; and
17 (c) may issue an order to attend for work and
18 development to the offender; and
19 (d) in some circumstances, may issue a warrant of
20 commitment in respect of the offender.
21 (4) The due date must not be earlier than 28 days after the
22 date of issue of the notice of intention to enforce.
23 (5) A notice of intention to enforce must also --
24 (a) state the date and time when the licence
25 suspension order will have effect if it is made;
26 and
27 (b) explain that if a licence suspension order is
28 made it will not be cancelled until the amount
29 owed is paid; and
page 15
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 21
1 (c) explain the effect of the licence suspension
2 order that may be made; and
3 (d) state the effect that an enforcement warrant will
4 have if it is issued; and
5 (e) contain such other information as is prescribed.
6
7 21. Section 43 amended
8 (1) In section 43(1):
9 (a) in paragraph (a) delete "suspend licences; and" and
10 insert:
11
12 enforce; and
13
14 (b) delete "the Registrar" and insert:
15
16 then, whether or not an enforcement warrant issued
17 under section 45 is in force, the Registrar
18
19 (2) In section 43(5) delete "suspend licences" and insert:
20
21 enforce
22
23 (3) In section 43:
24 (a) after subsection (3)(a) insert:
25
26 or
27
page 16
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 22
1 (b) after subsection (9)(a) insert:
2
3 and
4
5 22. Section 44 amended
6 In section 44(1) delete "paid." and insert:
7
8 paid or recovered under an enforcement warrant.
9
10 23. Section 45 amended
11 Delete section 45(1), (2) and (3) and insert:
12
13 (1) If --
14 (a) 28 days have elapsed since the date of issue of
15 a notice of intention to enforce; and
16 (b) the amount owed has not been paid,
17 then, whether or not a licence suspension order made
18 under section 43 is in force, the Registrar may issue an
19 enforcement warrant.
20 (2) An enforcement warrant must be in the prescribed form
21 and be directed to the Sheriff.
22 (3) An enforcement warrant must be executed under
23 Part 7.
24
page 17
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 23A
1 23A. Section 48A inserted
2 After section 47B insert:
3
4 48A. Order to attend for work and development:
5 cancellation
6 (1) If --
7 (a) an order to attend for work and development is
8 issued under section 47 or 47A; and
9 (b) it is not reasonably practicable to serve the
10 order on the offender personally,
11 the Registrar may cancel the order to attend for work
12 and development and make or again make a licence
13 suspension order in respect of the offender.
14 (2) For the purposes of subsection (1), section 43(2) to (9)
15 (but not section 43(4)), with any necessary changes,
16 apply and a licence suspension order may be made
17 even if section 42 has not been complied with.
18
19 23B. Section 53A inserted
20 After section 52 insert:
21
22 53A. WDO: effect of cancellation
23 (1) If a WDO is cancelled under section 52, the Registrar
24 may make or again make a licence suspension order in
25 respect of the offender.
26 (2) For the purposes of subsection (1), section 43(2) to (9)
27 (but not section 43(4)), with any necessary changes,
28 apply and a licence suspension order may be made
29 even if section 42 has not been complied with.
page 18
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 24
1 24. Section 55A amended
2 Delete section 55A(2)(b) and insert:
3
4 (b) if an enforcement warrant issued under
5 section 45 is in force.
6
7 25. Part 5A inserted
8 After Part 4 insert:
9
10 Part 5A -- Publication of details of persons on
11 Registrar's website
12 Division 1 -- Preliminary
13 56A. Terms used
14 In this Part --
15 aggregate amount owed, by a person, means the
16 aggregate of --
17 (a) the amount owed for each outstanding
18 registered fine in relation to the person; and
19 (b) the amount owed for each outstanding order to
20 pay or elect in relation to the person;
21 amount owed means --
22 (a) for an order to pay or elect issued under
23 section 17 -- that amount of the modified
24 penalty, and enforcement fees, specified in the
25 order that has not been paid, or recovered under
26 an enforcement warrant; or
27 (b) for a fine -- that amount of a fine, and any
28 enforcement fees in relation to the fine, that has
page 19
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 25
1 not been paid, or recovered under an
2 enforcement warrant;
3 enforcement fees means prescribed fees imposed in
4 connection with proceedings under Part 3 or 4 and
5 includes the registration fee referred to in section 16;
6 fine has the meaning given in section 28(1);
7 modified penalty has the meaning given in section 11;
8 outstanding order to pay or elect has the meaning
9 given in section 11;
10 outstanding registered fine has the meaning given in
11 section 56B;
12 Registrar's website means a website, or a part of a
13 website, controlled and managed by the Registrar;
14 relevant details has the meaning given in section 56C.
15 56B. Outstanding registered fines
16 An outstanding registered fine, in relation to a person,
17 means a fine imposed on the person, where --
18 (a) the fine is registered under section 41; and
19 (b) at least 28 days have elapsed since the day on
20 which the fine was imposed; and
21 (c) the fine, and any enforcement fees in relation to
22 the fine, have not been paid in full or recovered
23 in full under an enforcement warrant; and
24 (d) no time to pay order under section 55A is in
25 force in respect of the person and the amount
26 owed; and
27 (e) if an enforcement warrant is in force in respect
28 of the person and the amount owed -- no
29 arrangement under section 68A is in force in
30 relation to the warrant; and
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1 (f) if a work and development order has been made
2 in respect of the person and the amount
3 owed -- the order has not been completed
4 under section 51; and
5 (g) the person's liability to pay the amount owed
6 has not been discharged under section 53(5);
7 and
8 (h) either --
9 (i) the person has not appealed against the
10 fine, or a decision giving rise to the fine,
11 for the purposes of section 101B; or
12 (ii) any appeal against the fine, or a decision
13 giving rise to the fine, has been disposed
14 of (within the meaning of
15 section 101B), and the fine is still
16 payable.
17 56C. Relevant details of persons
18 The relevant details of a person are --
19 (a) for an individual, the following details only --
20 (i) the individual's surname;
21 (ii) the individual's given names;
22 (iii) the street, and the suburb or town, in
23 which the individual resides according
24 to the individual's last known address;
25 (iv) whether there are one or more
26 outstanding orders to pay or elect, or
27 outstanding registered fines, or both, in
28 relation to the individual;
29 (v) the aggregate amount owed by the
30 individual;
31 or
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1 (b) for a body corporate, the following details
2 only --
3 (i) the registered name of the body
4 corporate;
5 (ii) the street, and the suburb or town, at
6 which the registered office of the body
7 corporate is located;
8 (iii) whether there are one or more
9 outstanding orders to pay or elect, or
10 outstanding registered fines, or both, in
11 relation to the body corporate;
12 (iv) the aggregate amount owed by the body
13 corporate.
14 Division 2 -- Publication of relevant details of persons
15 on Registrar's website
16 56D. Publication of relevant details of persons on
17 Registrar's website
18 (1) If, in relation to a person, there are one or more --
19 (a) outstanding orders to pay or elect; or
20 (b) outstanding registered fines,
21 the Registrar may cause some or all of the relevant
22 details of the person to be published on the Registrar's
23 website.
24 (2) The Registrar must not cause any relevant details of a
25 person to be published under this section if the
26 Registrar has grounds to suspect --
27 (a) the person is a child; or
28 (b) all of the following conditions are satisfied --
29 (i) there are one or more outstanding
30 registered fines in relation to the person;
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1 (ii) an order prohibiting the publication of
2 the person's name was made in the
3 proceedings in which any of those
4 outstanding registered fines was
5 imposed;
6 (iii) the order is in force;
7 or
8 (c) the person is a person protected under a
9 violence restraining order, or police order, in
10 force under the Restraining Orders Act 1997; or
11 (d) the publication of the relevant details would
12 endanger the person's safety.
13 (3) If --
14 (a) relevant details of a person are published under
15 this section on the Registrar's website; and
16 (b) the Registrar becomes aware that any of the
17 relevant details of the person has changed; and
18 (c) section 56E(2) does not apply,
19 the Registrar must cause the relevant details published
20 on the website to be updated as soon as practicable.
21 56E. Removal of relevant details from website
22 (1) The Registrar may, at any time, cause some or all of
23 the relevant details of a person to be removed from the
24 Registrar's website.
25 (2) If --
26 (a) under section 56D, relevant details of a person
27 are published on the Registrar's website; and
28 (b) there ceases to be any outstanding order to pay
29 or elect, or outstanding registered fine, in
30 relation to the person,
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1 the Registrar must cause the relevant details of the
2 person to be removed from the website as soon as
3 practicable.
4
5 26. Section 63 amended
6 (1) In section 63 delete "In this" and insert:
7
8 (1) In this
9
10 (2) In section 63 delete the definitions of:
11 offender
12 Sheriff
13 (3) In section 63 insert in alphabetical order:
14
15 debtor means --
16 (a) in relation to a warrant issued under Part 3 --
17 the alleged offender in respect of whom the
18 warrant is issued; or
19 (b) in relation to a warrant issued under Part 4 --
20 the offender in respect of whom the warrant is
21 issued; or
22 (c) in relation to a warrant issued under Part 6 --
23 the body corporate in respect of which the
24 warrant is issued;
25 vehicle licensing law --
26 (a) before the Road Traffic (Vehicles) Act 2012
27 section 3 comes into operation -- means the
28 Road Traffic Act 1974; or
29 (b) after the Road Traffic (Vehicles) Act 2012
30 section 3 comes into operation -- means that
31 Act;
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1 warning notice means a notice affixed to a vehicle
2 under section 95B(1);
3
4 (4) In section 63 in the definition of warrant delete "a warrant of
5 execution issued under Part 4 or Part 6." and insert:
6
7 an enforcement warrant issued under Part 3, 4 or 6.
8
9 (5) At the end of section 63 insert:
10
11 (2) When this Part refers to removing the immobilisation
12 of a vehicle it means --
13 (a) if the vehicle was immobilised by a wheel
14 clamp -- removing the wheel clamp; or
15 (b) if the vehicle was immobilised using another
16 means prescribed by the regulations --
17 removing the effect of the means by which the
18 vehicle was immobilised.
19
20 27. Section 65 replaced
21 Delete section 65 and insert:
22
23 65. Warrant has indefinite life
24 Unless sooner cancelled, a warrant remains in force --
25 (a) until the amount specified in the warrant, and
26 any enforcement fees, are paid; or
27 (b) until the amount specified in the warrant, and
28 any enforcement fees, are recovered under the
29 warrant; or
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1 (c) in the case of a warrant issued under Part 4 --
2 until an order to attend for work and
3 development is served on the offender,
4 whichever happens first.
5
6 28. Section 68A amended
7 (1) After section 68A(1) insert:
8
9 (2A) The Sheriff must not enter into an arrangement under
10 subsection (1) unless the debtor gives the Sheriff the
11 debtor's current address.
12
13 (2) After section 68A(4) insert:
14
15 (5A) If the Sheriff cancels an arrangement made under
16 subsection (1) and a licence suspension order is not in
17 force in respect of the debtor and the amount specified
18 in the warrant under section 21A(3) or 45(4), as the
19 case requires, the Registrar may make or again make a
20 licence suspension order in respect of the debtor.
21 (5B) For the purposes of subsection (5A) --
22 (a) if the cancelled arrangement related to a
23 warrant issued under section 21A --
24 section 19(2) to (9), with any necessary
25 changes, apply and a licence suspension order
26 may be made without the issue of a further
27 order to pay or elect under section 17 or further
28 notice of intention to enforce under section 18;
29 or
30 (b) if the cancelled arrangement related to a
31 warrant issued under section 45 -- section
32 43(2) to (9), with any necessary changes, apply
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1 and a licence suspension order may be made
2 without the issue of a further notice of intention
3 to enforce under section 42.
4
5 29. Section 68B inserted
6 After section 68A insert:
7
8 68B. Notice of right to apply under s. 101AA to be given
9 for warrants issued under Part 3
10 (1) In this section --
11 enforcement action means any of the following actions
12 taken under a warrant --
13 (a) seizing personal property in accordance with
14 section 71;
15 (b) seizing land in accordance with section 88;
16 (c) immobilising a vehicle in accordance with
17 section 95C;
18 (d) removing number plates from a vehicle in
19 accordance with section 95F.
20 (2) When the Sheriff takes the first enforcement action
21 under a warrant issued under Part 3, the Sheriff must
22 give the debtor a notice explaining that --
23 (a) the debtor may apply to the Magistrates Court
24 for an order cancelling the warrant; and
25 (b) the application must be made within 14 days
26 after the notice is given.
27 (3) A notice under subsection (2) must be given --
28 (a) if the first enforcement action is seizing
29 personal property -- by serving it on the debtor
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1 with the notice of seizure required to be served
2 under section 80; or
3 (b) if the first enforcement action is seizing land --
4 by serving it on the debtor as soon as
5 practicable after the memorial referred to in
6 section 89 is lodged; or
7 (c) if the first enforcement action is immobilising a
8 vehicle -- by affixing the notice to the vehicle
9 with the notice required to be affixed to the
10 vehicle under section 95C(4); or
11 (d) if the first enforcement action is removing
12 number plates from a vehicle -- by affixing the
13 notice to the vehicle with the notice required to
14 be affixed to the vehicle under section 95F(3).
15
16 30. Section 69 amended
17 Delete section 69(1) and insert:
18
19 (1) In respect of a warrant, the Sheriff may apply to the
20 Magistrates Court for an order --
21 (a) that the debtor; or
22 (b) if the debtor is a body corporate -- that a
23 person having the management of the body,
24 personally attend the court to be examined about --
25 (c) the existence and whereabouts and value of any
26 property that might be seized under the warrant
27 including any debts due to the debtor; and
28 (d) the existence and whereabouts of any vehicle
29 licensed in the name of the debtor.
30
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1 Note: The heading to amended section 69 is to read:
2 Examination in aid of seizure or exercise of additional powers
3 relating to vehicles
4 31. Section 70E amended
5 After section 70E(3) insert:
6
7 (4) If a warrant was issued under Part 3, an offender's
8 saleable interest in real or personal property must not
9 be sold under the warrant unless either --
10 (a) 14 days have elapsed since the notice under
11 section 68B was given to the debtor, and no
12 application has been made to the Magistrates
13 Court under section 101AA in respect of the
14 warrant; or
15 (b) any application made to the Magistrates Court
16 under section 101AA has been disposed of
17 (within the meaning of that section), and the
18 warrant remains in force.
19
20 32. Part 7 Division 6A inserted
21 After Part 7 Division 5 insert:
22
23 Division 6A -- Additional powers relating to vehicles
24 Subdivision 1 -- General provisions
25 95A. Application of this Division
26 This Division applies to a warrant issued under Part 3
27 or 4.
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1 95B. Warning notices
2 (1) A warrant issued in respect of a debtor entitles the
3 Sheriff to affix a notice that complies with
4 subsection (2) to one or more vehicles licensed in the
5 name of the debtor.
6 (2) The notice must include information about the
7 enforcement action that may be taken by the Sheriff in
8 relation to the vehicle under this Division.
9 (3) The power in subsection (1) may be exercised whether
10 or not the Sheriff has previously exercised any other
11 powers under the warrant in relation to the vehicle.
12 Subdivision 2 -- Immobilisation of vehicles
13 95C. Immobilisation of vehicles
14 (1) A warrant issued in respect of a debtor entitles the
15 Sheriff to immobilise one or more vehicles licensed in
16 the name of the debtor using --
17 (a) one or more wheel clamps; or
18 (b) another means prescribed by the regulations.
19 (2) A vehicle must not be immobilised under a warrant at a
20 particular place unless the Sheriff is satisfied that
21 immobilising the vehicle at that place will not --
22 (a) cause the vehicle to be parked in contravention
23 of a written law; or
24 (b) cause undue inconvenience to persons other
25 than the debtor.
26 (3) A vehicle must not be immobilised under a warrant if,
27 at the time of the immobilisation --
28 (a) the number plates of the vehicle have been
29 removed in accordance with section 95F; and
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1 (b) the number plates have not been returned to the
2 debtor.
3 (4) If the Sheriff immobilises a vehicle under a warrant,
4 the Sheriff must affix to the vehicle a notice that
5 complies with subsection (5).
6 (5) A notice affixed to a vehicle under subsection (4) must
7 include at least the following information --
8 (a) that a warrant has been issued in respect of the
9 holder of the vehicle licence; and
10 (b) the time at which the vehicle was immobilised;
11 and
12 (c) that it is an offence to remove the notice while
13 the vehicle remains immobilised under a
14 warrant; and
15 (d) information about what the debtor may do to
16 have the immobilisation of the vehicle
17 removed; and
18 (e) that the Sheriff may take further enforcement
19 action against the debtor if the debtor does not
20 pay the amount owed under the warrant and
21 any enforcement fees; and
22 (f) any other information prescribed by the
23 regulations.
24 (6) A notice under subsection (4) may be in 2 parts.
25 95D. Removal of immobilisation of vehicle
26 (1) The Sheriff may at any time remove the immobilisation
27 of a vehicle that has been immobilised under a warrant.
28 (2) If --
29 (a) a vehicle is immobilised under a warrant; and
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1 (b) the warrant ceases to be in force,
2 the Sheriff must remove the immobilisation of the
3 vehicle as soon as practicable.
4 95E. Offences relating to immobilisation of vehicles
5 (1) A person must not, without reasonable excuse, remove
6 a vehicle that is immobilised under a warrant from the
7 place at which it is immobilised.
8 Penalty: a fine of $2 000.
9 (2) A person must not, without reasonable excuse --
10 (a) interfere with or remove a wheel clamp by
11 which a vehicle is immobilised under a warrant;
12 or
13 (b) otherwise remove the immobilisation of a
14 vehicle immobilised under a warrant.
15 Penalty: a fine of $2 000.
16 (3) A person must not, without reasonable excuse, interfere
17 with or remove a notice affixed to a vehicle under
18 section 95C(4), or any part of such a notice, at any time
19 while the vehicle is immobilised under a warrant.
20 Penalty for an offence under subsection (3): a fine of
21 $2 000.
22 Subdivision 3 -- Removal of number plates
23 95F. Removal of number plates
24 (1) A warrant issued in respect of a debtor entitles the
25 Sheriff to remove the number plates from one or more
26 vehicles licensed in the name of the debtor.
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1 (2) The number plates of a vehicle must not be removed
2 under a warrant if --
3 (a) the vehicle has been immobilised under a
4 warrant; and
5 (b) the immobilisation of the vehicle has not been
6 removed.
7 (3) If the Sheriff removes the number plates of a vehicle
8 under this section, the Sheriff must affix to the vehicle
9 a notice that complies with subsection (4).
10 (4) A notice affixed to a vehicle under subsection (3) must
11 include at least the following information --
12 (a) that a warrant has been issued in respect of the
13 holder of the vehicle licence; and
14 (b) the time at which the number plates were
15 removed; and
16 (c) that the vehicle licence has been suspended and
17 the debtor is disqualified from holding or
18 obtaining a vehicle licence for the vehicle; and
19 (d) that it is an offence to remove the notice before
20 the number plates are returned or a vehicle
21 licence cancellation order is made in respect of
22 the vehicle; and
23 (e) information about what the debtor may do to
24 have the number plates returned; and
25 (f) that the Sheriff may take further enforcement
26 action against the debtor if the debtor does not
27 pay the amount owed under the warrant and
28 any enforcement fees; and
29 (g) any other information prescribed by the
30 regulations.
31 (5) A notice under subsection (3) may be in 2 parts.
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1 (6) Subject to sections 95H and 95J, number plates
2 removed under a warrant are to be kept in safe custody
3 by the Sheriff.
4 95G. Vehicle licence suspension order made when
5 number plates are removed
6 (1) At the time the number plates of a vehicle are removed
7 under a warrant, the Sheriff must make a vehicle
8 licence suspension order in respect of the vehicle.
9 (2) A vehicle licence suspension order is an order
10 disqualifying the debtor from holding or obtaining a
11 vehicle licence for the vehicle.
12 (3) As soon as practicable after the number plates of a
13 vehicle are removed under a warrant --
14 (a) the Sheriff must advise the Registrar of the
15 terms of the order; and
16 (b) the Registrar must advise the Director General
17 of the terms of the order.
18 (4) For the purposes of this Act and a vehicle licensing
19 law, a vehicle licence suspension order made under
20 subsection (1) --
21 (a) takes effect when the number plates are
22 removed; and
23 (b) is in force from the time it takes effect to the
24 time when it is cancelled.
25 (5) If --
26 (a) a vehicle licence suspension order is made
27 under subsection (1) when the number plates of
28 a vehicle are removed under a warrant; and
29 (b) either --
30 (i) the warrant ceases to be in force; or
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1 (ii) the number plates are returned to the
2 debtor; or
3 (iii) a vehicle licence cancellation order is
4 made in respect of the vehicle under
5 section 95J,
6 the vehicle licence suspension order is taken to be
7 cancelled.
8 (6) If a vehicle licence suspension order is cancelled under
9 subsection (5), the Registrar must notify the Director
10 General of the cancellation as soon as practicable.
11 95H. Return of number plates
12 (1) If the number plates of a vehicle licensed in the name
13 of a debtor have been removed under a warrant, the
14 Sheriff may at any time return the number plates to the
15 debtor.
16 (2) If --
17 (a) the number plates of a vehicle licensed in the
18 name of a debtor have been removed under a
19 warrant; and
20 (b) the warrant ceases to be in force; and
21 (c) a vehicle licence cancellation order has not
22 been made in respect of the vehicle under
23 section 95J; and
24 (d) the vehicle remains licensed in the name of the
25 debtor,
26 the Sheriff must return the number plates to the debtor
27 as soon as practicable.
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1 (3) Without limiting subsections (1) and (2), the Sheriff
2 may return number plates to a debtor by --
3 (a) notifying the debtor in writing that the debtor
4 may collect the number plates from a place and
5 during periods specified in the notice; and
6 (b) making the number plates available for
7 collection in accordance with the notice.
8 95I. Offence of interfering with or removing notice
9 (1) In this section --
10 affected vehicle means a vehicle from which the
11 number plates have been removed under a warrant.
12 (2) A person who, without reasonable excuse, interferes
13 with or removes a notice affixed to an affected vehicle
14 under section 95F(3), or any part of such a notice,
15 commits an offence unless --
16 (a) the number plates have been returned to the
17 debtor in whose name the vehicle is licensed; or
18 (b) a vehicle licence cancellation order has been
19 made in respect of the vehicle under
20 section 95J.
21 Penalty: a fine of $2 000.
22 Subdivision 4 -- Vehicle licence cancellation orders
23 95J. Vehicle licence cancellation order
24 (1) If --
25 (a) the number plates of a vehicle licensed in the
26 name of a debtor have been removed under a
27 warrant; and
28 (b) 28 days have elapsed since the day on which
29 the number plates were removed; and
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1 (c) the warrant remains in force,
2 the Sheriff may make a vehicle licence cancellation
3 order in respect of the vehicle.
4 (2) A vehicle licence cancellation order is an order --
5 (a) cancelling the vehicle licence of a vehicle
6 specified in the order; and
7 (b) disqualifying the debtor from holding or
8 obtaining a vehicle licence in respect of that
9 vehicle.
10 (3) If the Sheriff makes a vehicle licence cancellation
11 order, the Sheriff must --
12 (a) serve a copy of the order on the debtor; and
13 (b) advise the Registrar of the terms of the order;
14 and
15 (c) give the number plates that were removed from
16 the vehicle to the Director General.
17 (4) As soon as practicable after receiving advice under
18 subsection (3), the Registrar must advise the Director
19 General of the terms of the vehicle licence cancellation
20 order.
21 (5) For the purposes of this Act and a vehicle licensing
22 law, a vehicle licence cancellation order takes effect
23 when it is made.
24 (6) If --
25 (a) a vehicle licence cancellation order is made in
26 respect of a vehicle and a debtor; and
27 (b) the warrant under which the order is made
28 ceases to be in force,
29 the vehicle licence cancellation order is taken to be
30 cancelled to the extent that the order would disqualify
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1 the debtor from holding or obtaining a vehicle licence
2 in respect of that vehicle.
3 (7) If a vehicle licence cancellation order is cancelled
4 under subsection (6), the Registrar must notify the
5 Director General of the cancellation as soon as
6 practicable.
7 (8) The making of a vehicle licence cancellation order
8 under this section in relation to a vehicle does not
9 entitle the debtor to the refund of any fee paid in
10 respect of the grant or renewal of the vehicle licence.
11 Subdivision 5 -- Powers for this Division
12 95K. Powers enabling immobilisation of vehicles and
13 removal of number plates etc.
14 (1) Under a warrant, using any force and assistance that is
15 reasonably necessary in the circumstances, the Sheriff
16 may do any or all of the following --
17 (a) enter any place that is occupied by the debtor
18 for the purpose of immobilising, removing the
19 number plates of, or affixing a warning notice
20 to, a vehicle licensed in the name of the debtor;
21 (b) enter any place that --
22 (i) is not occupied by the debtor; and
23 (ii) is not a public place,
24 for the purpose of immobilising, removing the
25 number plates of, or affixing a warning notice
26 to, a vehicle licensed in the name of the debtor;
27 (c) from time to time re-enter any place described
28 in paragraph (a) or (b) for the purpose of
29 performing the Sheriff's functions under this
30 Act and the warrant.
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1 (2) The powers in --
2 (a) subsection (1)(a); and
3 (b) subsection (1)(c), to the extent that it applies in
4 relation to a place referred to in
5 subsection (1)(a),
6 may be exercised at any time of the day or night.
7 (3) The powers in --
8 (a) subsection (1)(b); and
9 (b) subsection (1)(c), to the extent that it applies in
10 relation to a place referred to in
11 subsection (1)(b),
12 may be exercised at any time of the day or night but
13 must not be exercised without the consent of the
14 occupier of the place or, if there is no occupier, the
15 owner.
16 (4) Despite subsection (3), if --
17 (a) the consent referred to in subsection (3) is
18 unreasonably withheld; or
19 (b) the Sheriff, after reasonable attempts to do so,
20 cannot contact the owner or occupier of the
21 place,
22 the Sheriff may exercise the powers referred to in
23 subsection (3) without that consent.
24
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1 33. Section 98A inserted
2 After section 97 insert:
3
4 98A. Seized property to be released if warrant ceases to
5 be in force
6 If --
7 (a) a warrant ceases to be in force; and
8 (b) at the time of the cessation, property has been
9 seized under the warrant but has not been sold,
10 the Sheriff must release the property from seizure as
11 soon as practicable.
12
13 34. Section 101AA inserted
14 After section 101 insert:
15
16 101AA. Magistrates Court may set aside enforcement
17 warrant issued under Part 3
18 (1) In this section --
19 disposed of means determined, dismissed or
20 discontinued.
21 (2) A person in respect of whom an enforcement warrant
22 has been issued under Part 3 (the applicant) may apply
23 to the Magistrates Court for an order cancelling the
24 warrant.
25 (3) The application must be made no later than 14 days
26 after the Sheriff gives the applicant the notice under
27 section 68B in respect of the enforcement warrant.
28 (4) A person cannot apply if the person has previously
29 applied in relation to the enforcement warrant or in
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1 relation to any other enforcement warrant made in
2 respect of the infringement notice to which the warrant
3 relates, and the application was refused.
4 (5) The application must be made in accordance with the
5 Magistrates Court's rules of court.
6 (6) An enforcement warrant that is in force at the time
7 when an application is made under subsection (2) does
8 not cease to be in force by reason only of the making of
9 the application, but no further action is to be taken
10 under the warrant until the application is disposed of.
11 (7) If on an application the applicant satisfies the Court
12 that the applicant received none of the following --
13 (a) the infringement notice that gave rise to the
14 warrant;
15 (b) the final demand issued under section 14 in
16 respect of the infringement notice;
17 (c) the order to pay or elect issued under section 17
18 in respect of the infringement notice;
19 (d) the notice of intention to enforce issued under
20 section 18 in respect of the infringement notice;
21 (e) any notice confirming licence suspension
22 issued under section 19(6) in respect of the
23 infringement notice,
24 the Court may make an order cancelling the
25 enforcement warrant.
26 (8) If the Court makes an order cancelling an enforcement
27 warrant Part 3 applies in relation to the infringement
28 notice to which the warrant relates as if the Registrar
29 had never issued the warrant.
30
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Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 35
1 35. Section 101B amended
2 (1) Delete section 101B(3)(d) and insert:
3
4 (d) an enforcement warrant issued under section 45
5 is in force, but --
6 (i) no property has been seized under the
7 warrant; and
8 (ii) no vehicle has been immobilised under
9 the warrant; and
10 (iii) no number plates have been removed
11 from a vehicle under the warrant,
12 the warrant is to be taken as being cancelled
13 from that time;
14
15 (2) Delete section 101B(4)(a) and (b) and insert:
16
17 (a) an enforcement warrant issued under section 45
18 is in force and --
19 (i) property has been seized under the
20 warrant; or
21 (ii) a vehicle is or has been immobilised
22 under the warrant; or
23 (iii) number plates have been removed from
24 a vehicle under the warrant,
25 no further action is to be taken under the
26 warrant;
27
page 42
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 35
1 (3) After section 101B(4) insert:
2
3 (5A) If when a person appeals against a fine or the decision
4 giving rise to a fine --
5 (a) subsection (4)(a) applies to an enforcement
6 warrant; and
7 (b) a vehicle is immobilised under the warrant,
8 the Sheriff must, as soon as practicable, remove the
9 immobilisation of the vehicle (within the meaning of
10 section 63(2)).
11 (5B) If when a person appeals against a fine or the decision
12 giving rise to a fine --
13 (a) subsection (4)(a) applies to an enforcement
14 warrant; and
15 (b) number plates have been removed from a
16 vehicle under the warrant; and
17 (c) those number plates have not been returned;
18 and
19 (d) a vehicle licence cancellation order has not
20 been made under section 95J in respect of the
21 vehicle; and
22 (e) the vehicle remains licensed in the name of the
23 person,
24 the Sheriff must, as soon as practicable, return the
25 number plates to the person (either in accordance with
26 section 95H(3) or otherwise).
27 (5C) If when a person appeals against a fine or the decision
28 giving rise to a fine --
29 (a) subsection (4)(a) applies to an enforcement
30 warrant; and
page 43
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 36
1 (b) a vehicle licence cancellation order has been
2 made under section 95J in respect of a vehicle
3 under the warrant,
4 the vehicle licence cancellation order is taken to be
5 cancelled to the extent that the order would disqualify
6 the person from holding or obtaining a vehicle licence
7 in respect of that vehicle, and the Registrar must notify
8 the Director General of that cancellation as soon as
9 practicable.
10
11 36. Section 101C amended
12 (1) In section 101C(1)(d) and (e) after "issued" insert:
13
14 by the Registrar
15
16 (2) After section 101C(1) insert:
17
18 (2A) Evidence --
19 (a) that a vehicle licence suspension order was
20 made under section 95G or a vehicle licence
21 cancellation order was made under section 95J;
22 (b) of the details of a vehicle licence suspension
23 order made under section 95G, or a vehicle
24 licence cancellation order made under
25 section 95J, and of the matter to which it
26 relates;
27 (c) that a vehicle licence suspension order made
28 under section 95G had not, at a particular time,
29 been cancelled;
30 (d) that a vehicle licence cancellation order made
31 under section 95J had not, at a particular time,
32 been cancelled to the extent that the order
page 44
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 37
1 would disqualify a person from holding or
2 obtaining a vehicle licence;
3 (e) that a document issued by the Sheriff under this
4 Act has been served on a person in accordance
5 with section 5;
6 (f) of any matter relevant to the service of a
7 document issued by the Sheriff under this Act,
8 may be given by tendering a certificate to that effect in
9 the prescribed form signed by the Sheriff.
10
11 (3) After section 101C(3) isert:
12
13 (4) Unless the contrary is proved, it is to be presumed that
14 a certificate purporting to have been signed by the
15 Sheriff was signed by a person who at the time was the
16 Sheriff.
17
18 37. Section 101D amended
19 (1) Before section 101D(1) insert:
20
21 (1A) In this section --
22 licence suspension order includes a vehicle licence
23 suspension order made under section 95G.
24
25 (2) In section 101D(1) after "licence suspension order" insert:
26
27 or vehicle licence cancellation order
28
page 45
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 38
1 Note: The heading to amended section 101D is to read:
2 Validity of certain orders not affected by non-receipt of
3 documents
4 38. Section 108B inserted
5 After section 108A insert:
6
7 108B. Amounts to be credited to agency special purpose
8 account
9 An amount equal to the amounts credited to the
10 Consolidated Account under sections 27(2), 55(2) and
11 96(6) is to be --
12 (a) credited to an agency special purpose account
13 that is --
14 (i) established under the Financial
15 Management Act 2006 section 16 for the
16 purposes of the department of the Public
17 Service principally assisting the
18 Minister in the administration of this
19 Act; and
20 (ii) nominated by the Minister in writing for
21 the purposes of this section;
22 and
23 (b) charged to the Consolidated Account,
24 and this section appropriates the Consolidated Account
25 accordingly.
26
page 46
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 39
1 39. Section 108 amended
2 (1) In section 108(3):
3 (a) delete paragraph (d) and insert:
4
5 (d) a fee for issuing a notice of intention to enforce
6 to be imposed on an offender either when a
7 licence suspension order is made or when an
8 enforcement warrant is issued, but not twice;
9
10 (b) after paragraph (d) insert:
11
12 (ea) a fee for issuing an enforcement warrant to be
13 imposed on an alleged offender when the
14 warrant is issued;
15
16 (2) In section 108(5) delete "an offender in connection with
17 executing" and insert:
18
19 a debtor (as defined in section 63) in connection with
20 the exercise of powers under
21
22 (3) After section 108(7) insert:
23
24 (8) The amount of an enforcement fee prescribed under
25 this section may be more than the amount, or an
26 estimate of the amount, needed to allow recovery of
27 expenditure --
28 (a) incurred in connection with the matter in
29 relation to which the enforcement fee is
30 imposed; or
31 (b) that is relevant to the scheme or system under
32 which the enforcement fee is imposed.
page 47
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 40
1 (9) Subsection (8) does not apply to an enforcement fee
2 prescribed in accordance with subsection (6).
3
4 40. Part 9 inserted
5 After Part 8 insert:
6
7 Part 9 -- Transitional and validation provisions
8 110. Transitional provisions as to warrants of execution
9 (1) A warrant of execution in force immediately before the
10 Fines, Penalties and Infringement Notices Enforcement
11 Amendment Act 2012 section 41 comes into operation
12 is, on and after the coming into operation of that
13 section and until it ceases to be in force under this Act,
14 taken to be an enforcement warrant for the purposes of
15 this Act.
16 (2) Despite subsection (1), a warrant of execution referred
17 to in that subsection does not authorise any action that
18 can be taken to enforce the payment of the fine under
19 Part 7 Division 6A.
20 111. Transitional provisions as to notices of intention to
21 suspend licences issued under s. 18
22 (1) In this section --
23 commencement means the coming into operation of
24 the Fines, Penalties and Infringement Notices
25 Enforcement Amendment Act 2012 section 11.
page 48
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 40
1 (2) A notice of intention to suspend licences issued before
2 commencement is, on and after commencement, taken
3 for the purposes of this Act --
4 (a) to be a notice of intention to enforce given in
5 accordance with section 18 as in force after
6 commencement; and
7 (b) to have been issued on the day when the notice
8 of intention to suspend licences was issued.
9 112. Transitional provisions as to notices of intention to
10 suspend licences issued under s. 42
11 (1) In this section --
12 commencement means the coming into operation of
13 the Fines, Penalties and Infringement Notices
14 Enforcement Amendment Act 2012 section 20.
15 (2) A notice of intention to suspend licences issued under
16 section 42 before commencement is, on and after
17 commencement, taken for the purposes of this Act --
18 (a) to be a notice of intention to enforce given in
19 accordance with section 42 as in force after
20 commencement; and
21 (b) to have been issued on the day when the notice
22 of intention to suspend licences was issued.
23 113. Transitional provisions as to infringement notices
24 (1) In this section --
25 commencement means the coming into operation of
26 the Fines, Penalties and Infringement Notices
27 Enforcement Amendment Act 2012 section 14;
28 transitional period means the period of 12 months
29 beginning on commencement.
30 (2) This section applies despite any other provision of a
31 written law.
page 49
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 41
1 (3) An infringement notice issued under a written law --
2 (a) before commencement; or
3 (b) during the transitional period,
4 is not invalid merely because the infringement notice
5 does not inform the alleged offender of action that may
6 be taken under this Act only because of the
7 amendments to this Act made by the Fines, Penalties
8 and Infringement Notices Enforcement Amendment
9 Act 2012.
10 114. Validation
11 Regulations made, or purporting to have been made,
12 under section 108 before the commencement of this
13 section are, and are taken to have always been, as
14 effective as they would have been if section 108(8) had
15 been enacted and commenced before those regulations
16 were made.
17
18 41. Other provisions amended
19 Amend the provisions listed in the Table as set out in the Table.
20 Table
Provision Delete Insert
s. 5A(2)(g), 7A(1)(a), a warrant of an enforcement
41(3), 45(5), 47(1) and execution warrant
(4), 47A(1)(a)(iii),
55D(1)(a) and (d) and (3),
61(2)(b), 106, 108(4)(a)
and (b) and (5)
s. 45(4), 61(3), 105(1) A warrant of An enforcement
execution warrant
page 50
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Fines, Penalties and Infringement Notices Enforcement Act Part 2
1994 amended
s. 41
Provision Delete Insert
s. 47(2), 47A(3)(b), warrant of execution enforcement
101B(5)(b) (each occurrence) warrant
Pt. 7 heading Warrants of Enforcement
execution warrants
s. 67(1), 68A(2), 70(2), an offender a debtor
71(2), 75, 80(1), 86(3), (each occurrence)
88(2), 95(2), 97(1)
s. 68A(1), (2), (5) and (6), the offender the debtor
69(2), 70(3), 70C(2)(a), (each occurrence)
70D, 71(2), 75, 76(1),
77(1)(b) and (2), 78(1),
80(2) and (3)(a), 81(2), (3)
and (4), 86(2), 87(1),
88(2)(a), 89(6), 91(1),
91A(1) and (5), 92(1) and
(2), 93(1), 96(3)(c) and (5)
s. 70(6), 70A(1), 71(3), the offender's the debtor's
88(3), 91(2)(a), 91A(1)
s. 70A(1) and (2), 70C(1), an offender's a debtor's
70E(1), 91B(1)
s. 70E(2) An offender's A debtor's
s. 91B(3) The offender The debtor
s. 101(3)(d), suspend licences enforce
101A(5)(c)(i), 101B(3)(b),
108A(6)(a), 108(4)(a)
page 51
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 2 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 41
1 Note: The heading to the amended sections listed in the Table are to read as
2 set out in the Table.
3 Table
Amended section Section heading
s. 45 Enforcement warrant
s. 70 Determining a debtor's interest in property
s. 71 Enforcement warrant, effect of
s. 78 Debts due to debtor to be paid to Sheriff
s. 91A Debtor may be permitted to sell or mortgage
real property
page 52
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 42
1 Part 3 -- Equal Opportunity Act 1984 amended
2 42. Act amended
3 This Part amends the Equal Opportunity Act 1984.
4 43. Long title amended
5 In the long title delete "or age," and insert:
6
7 age, or publication of details on the Fines Enforcement
8 Registrar's website,
9
10 44. Section 3 amended
11 In section 3(a) delete "age" and insert:
12
13 age, publication of relevant details on the Fines
14 Enforcement Registrar's website
15
16 45. Section 4 amended
17 In section 4(1) insert in alphabetical order:
18
19 Fines Enforcement Registrar means the Registrar
20 appointed under the Fines, Penalties and Infringement
21 Notices Enforcement Act 1994 section 7(1);
22 relevant details, in relation to a person, has the
23 meaning given in the Fines, Penalties and Infringement
24 Notices Enforcement Act 1994 section 56C;
25
26 46. Section 5 amended
27 In section 5 delete "IVA or IVB" and insert:
28
29 IVA, IVB or IVC
30
page 53
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 3 Equal Opportunity Act 1984 amended
s. 47
1 47. Part IVC inserted
2 After Part IVB insert:
3
4 Part IVC -- Discrimination on ground of
5 publication of relevant details of persons on
6 Fines Enforcement Registrar's website
7 Division 1 -- General
8 67A. Discrimination on ground of publication of relevant
9 details on Fines Enforcement Registrar's website
10 In this Division, a person (the discriminator)
11 discriminates against another person (the aggrieved
12 person) on the ground of the publication of relevant
13 details of the person on the Fines Enforcement
14 Registrar's website if, on the ground of the publication
15 under the Fines, Penalties and Infringement Notices
16 Enforcement Act 1994 section 56D of any relevant
17 details of the person, the discriminator --
18 (a) treats the aggrieved person less favourably
19 than, in the same circumstances or in
20 circumstances that are not materially different,
21 the discriminator treats or would treat a person
22 who had never been convicted of an offence
23 and against whom an infringement notice had
24 never been issued; or
25 (b) requires the aggrieved person to comply with a
26 requirement or condition that is not reasonable
27 having regard to the circumstances of the case.
page 54
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 47
1 Division 2 -- Discrimination in work
2 67B. Discrimination against applicants and employees
3 (1) It is unlawful for an employer to discriminate against a
4 person on the ground of the publication of relevant
5 details of the person on the Fines Enforcement
6 Registrar's website --
7 (a) in the arrangements made for the purpose of
8 determining who should be offered
9 employment; or
10 (b) in determining who should be offered
11 employment; or
12 (c) in the terms or conditions on which
13 employment is offered.
14 (2) It is unlawful for an employer to discriminate against
15 an employee on the ground of the publication of
16 relevant details of the employee on the Fines
17 Enforcement Registrar's website --
18 (a) in the terms or conditions of employment that
19 the employer affords the employee; or
20 (b) by denying the employee access, or limiting the
21 employee's access, to opportunities for
22 promotion, transfer or training, or to any other
23 benefits associated with employment; or
24 (c) by dismissing the employee; or
25 (d) by subjecting the employee to any other
26 detriment.
page 55
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 3 Equal Opportunity Act 1984 amended
s. 47
1 67C. Discrimination against commission agents
2 (1) It is unlawful for a principal to discriminate against a
3 person on the ground of the publication of relevant
4 details of the person on the Fines Enforcement
5 Registrar's website --
6 (a) in the arrangements the principal makes for the
7 purpose of determining who should be engaged
8 as a commission agent; or
9 (b) in determining who should be engaged as a
10 commission agent; or
11 (c) in the terms or conditions on which the person
12 is engaged as a commission agent.
13 (2) It is unlawful for a principal to discriminate against a
14 commission agent on the ground of the publication of
15 relevant details of the commission agent on the Fines
16 Enforcement Registrar's website --
17 (a) in the terms or conditions that the principal
18 affords the commission agent as a commission
19 agent; or
20 (b) by denying the commission agent access, or
21 limiting the commission agent's access, to
22 opportunities for promotion, transfer or
23 training, or to any other benefits associated
24 with the position as a commission agent; or
25 (c) by terminating the engagement; or
26 (d) by subjecting the commission agent to any
27 other detriment.
page 56
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 47
1 67D. Discrimination against contract workers
2 It is unlawful for a principal to discriminate against a
3 contract worker on the ground of the publication of
4 relevant details of the contract worker on the Fines
5 Enforcement Registrar's website --
6 (a) in the terms or conditions on which the
7 principal allows the contract worker to work; or
8 (b) by not allowing the contract worker to work or
9 continue to work; or
10 (c) by denying the contract worker access, or
11 limiting the contract worker's access, to any
12 benefit associated with the work in respect of
13 which the contract with the employer is made;
14 or
15 (d) by subjecting the contract worker to any other
16 detriment.
17 67E. Professional or trade organisations etc.
18 (1) This section applies to an organisation of employees
19 and to an organisation of employers.
20 (2) It is unlawful for an organisation to which this section
21 applies or for a committee of management of such an
22 organisation or for a member of such a committee of
23 management to discriminate against a person who is
24 not a member of the organisation on the ground of the
25 publication of relevant details of the person on the
26 Fines Enforcement Registrar's website --
27 (a) by refusing or failing to accept the person's
28 application for membership; or
29 (b) in the terms or conditions on which the
30 organisation is prepared to admit the person to
31 membership.
page 57
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 3 Equal Opportunity Act 1984 amended
s. 47
1 (3) It is unlawful for an organisation to which this section
2 applies or for the committee of management of such an
3 organisation or for a member of such a committee of
4 management to discriminate against a person who is a
5 member of the organisation on the ground of the
6 publication of relevant details of the person on the
7 Fines Enforcement Registrar's website --
8 (a) by denying the person access, or limiting the
9 person's access, to any benefit provided by the
10 organisation; or
11 (b) by depriving the person of membership or
12 varying the terms of membership; or
13 (c) by subjecting the person to any other detriment.
14 67F. Qualifying bodies
15 It is unlawful for an authority that is empowered to
16 confer, renew, extend, revoke or withdraw an
17 authorisation or qualification that is needed for or
18 facilitates the practice of a profession, the carrying on
19 of a trade or the engaging in of an occupation to
20 discriminate against a person on the ground of the
21 publication of relevant details of the person on the
22 Fines Enforcement Registrar's website --
23 (a) by refusing or failing to confer, renew or extend
24 the authorisation or qualification; or
25 (b) in the terms or conditions on which it is
26 prepared to confer the authorisation or
27 qualification or to renew or extend the
28 authorisation or qualification; or
29 (c) by revoking or withdrawing the authorisation or
30 qualification or varying the terms or conditions
31 upon which it is held.
page 58
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 47
1 67G. Employment agencies
2 It is unlawful for an employment agency to
3 discriminate against a person on the ground of the
4 publication of relevant details of the person on the
5 Fines Enforcement Registrar's website --
6 (a) by refusing to provide the person with any of its
7 services; or
8 (b) in the terms or conditions on which it offers to
9 provide the person with any of its services; or
10 (c) in the manner in which it provides the person
11 with any of its services.
12 Division 3 -- Discrimination in other areas
13 67H. Goods, services and facilities
14 It is unlawful for a person who, whether for payment or
15 not, provides goods or services, or makes facilities
16 available, to discriminate against another person on the
17 ground of the publication of relevant details of the
18 person on the Fines Enforcement Registrar's
19 website --
20 (a) by refusing to provide the other person with
21 those goods or services or to make those
22 facilities available to the other person; or
23 (b) in the terms or conditions on which the
24 first-mentioned person provides the other
25 person with those goods or services or makes
26 those facilities available to the other person; or
27 (c) in the manner in which the first-mentioned
28 person provides the other person with those
29 goods or services or makes those facilities
30 available to the other person.
page 59
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 3 Equal Opportunity Act 1984 amended
s. 47
1 67I. Accommodation
2 (1) It is unlawful for a person, whether as principal or
3 agent, to discriminate against another person on the
4 ground of the publication of relevant details of the
5 other person on the Fines Enforcement Registrar's
6 website --
7 (a) by refusing the other person's application for
8 accommodation; or
9 (b) in the terms or conditions on which
10 accommodation is offered to the other person;
11 or
12 (c) by deferring the other person's application for
13 accommodation, or according to the other
14 person a lower order of precedence in any list
15 of applicants for that accommodation.
16 (2) It is unlawful for a person, whether as principal or
17 agent, to discriminate against another person on the
18 ground of the publication of relevant details of the
19 other person on the Fines Enforcement Registrar's
20 website --
21 (a) by denying the other person access, or limiting
22 the other person's access, to any benefit
23 associated with accommodation occupied by
24 the other person; or
25 (b) by evicting the other person from
26 accommodation occupied by the other person;
27 or
28 (c) by subjecting the other person to any other
29 detriment in relation to accommodation
30 occupied by the other person.
page 60
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 48
1 (3) Nothing in this section applies to or in respect of --
2 (a) the provision of accommodation in premises
3 if --
4 (i) the person who provides or proposes to
5 provide the accommodation or a near
6 relative of that person resides, and
7 intends to continue to reside, on those
8 premises; and
9 (ii) the accommodation provided in those
10 premises is for no more than 3 persons
11 other than a person referred to in
12 subparagraph (i) or near relatives of
13 such a person;
14 or
15 (b) accommodation provided by a religious body.
16
17 48. Section 67 amended
18 In section 67(1)(f) delete "IVA or IVB," and insert:
19
20 IVA, IVB or IVC,
21
22 49. Section 80 amended
23 In section 80:
24 (a) delete "impairment or age" (first occurrence) and insert:
25
26 impairment, age or the publication of relevant details
27 on the Fines Enforcement Registrar's website,
28
page 61
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 3 Equal Opportunity Act 1984 amended
s. 50
1 (b) in paragraph (b)(i) delete "impairment or age" and
2 insert:
3
4 impairment, age or the publication of
5 relevant details on the Fines
6 Enforcement Registrar's website
7
8 (c) in paragraph (e) delete "impairment or age" and insert:
9
10 impairment, age or the publication of relevant
11 details on the Fines Enforcement Registrar's
12 website
13
14 50. Section 135 amended
15 (1) In section 135(1) delete "IVA or IVB." and insert:
16
17 IVA, IVB or IVC.
18
19 (2) In section 135(2) delete "IVA or IVB" and insert:
20
21 IVA, IVB or IVC
22
23 51. Section 137 amended
24 In section 137 delete "IVA and IVB" and insert:
25
26 IVA, IVB and IVC
27
page 62
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Equal Opportunity Act 1984 amended Part 3
s. 52
1 52. Section 140 amended
2 In section 140(a) delete "impairment or age; and" and insert:
3
4 impairment, age or the publication of relevant
5 details on the Fines Enforcement Registrar's
6 website; and
7
page 63
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 4 Other Acts amended
Division 1 Criminal Investigation (Identifying People) Act 2002 amended
s. 53
1 Part 4 -- Other Acts amended
2 Division 1 -- Criminal Investigation (Identifying People)
3 Act 2002 amended
4 53. Act amended
5 This Division amends the Criminal Investigation (Identifying
6 People) Act 2002.
7 54. Section 73 amended
8 After section 73(1)(l) insert:
9
10 (ma) for the purposes of the Fines, Penalties and
11 Infringement Notices Enforcement Act 1994;
12
13 Division 2 -- Electricity Corporations Act 2005 amended
14 55. Act amended
15 This Division amends the Electricity Corporations Act 2005.
16 56. Section 50A inserted
17 At the end of Part 3 Division 1 Subdivision 4 insert:
18
19 50A. Disclosure of information to fines Registrar
20 (1) The corporation must disclose to the Registrar
21 appointed under the Fines, Penalties and Infringement
22 Notices Enforcement Act 1994 the names and addresses
23 of the persons who are supplied electricity or gas by
24 the corporation, but not photographs or signatures of
25 such persons.
26 (2) Information disclosed under subsection (1) may be
27 used in the performance of the Registrar's functions
page 64
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Other Acts amended Part 4
Mines Safety and Inspection Act 1994 amended Division 3
s. 57
1 under the Fines, Penalties and Infringement Notices
2 Enforcement Act 1994 but not for any other purpose.
3 (3) The disclosure of information under subsection (1) is to
4 be free of charge.
5
6 Division 3 -- Mines Safety and Inspection Act 1994 amended
7 57. Act amended
8 This Division amends the Mines Safety and Inspection
9 Act 1994.
10 58. Section 101F amended
11 (1) In section 101F(2) delete "section 32 of ".
12 (2) In section 101F(3) and (4) delete "section referred to" and
13 insert:
14
15 Act referred to
16
17 59. Section 101J amended
18 In section 101J(3) delete "section 32 of ".
19 Division 4 -- Occupational Safety and Health Act 1984 amended
20 60. Act amended
21 This Division amends the Occupational Safety and Health
22 Act 1984.
23 61. Section 55L amended
24 (1) In section 55L(2) delete "section 32 of ".
page 65
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 4 Other Acts amended
Division 5 Parental Support and Responsibility Act 2008 amended
s. 62
1 (2) In section 55L(3) and (4) delete "section referred to" and insert:
2
3 Act referred to
4
5 62. Section 55P amended
6 In section 55P(3) delete "section 32 of ".
7 Division 5 -- Parental Support and Responsibility
8 Act 2008 amended
9 63. Act amended
10 This Division amends the Parental Support and Responsibility
11 Act 2008.
12 64. Section 36 amended
13 (1) In section 36(2) delete "suspend licences" and insert:
14
15 enforce
16
17 (2) In section 36(4) delete "A warrant of execution" and insert:
18
19 An enforcement warrant
20
21 (3) After section 36(6) insert:
22
23 (7) Relevant details of the person cannot be published
24 under the Fines, Penalties and Infringement Notices
25 Enforcement Act 1994 section 56D.
26
page 66
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Other Acts amended Part 4
Rail Safety Act 2010 amended Division 6
s. 65
1 Division 6 -- Rail Safety Act 2010 amended
2 65. Act amended
3 This Division amends the Rail Safety Act 2010.
4 66. Section 208 amended
5 (1) In section 208(2) delete "Fines, Penalties and Infringement
6 Notices Enforcement Act 1994 section 32," and insert:
7
8 Fines, Penalties and Infringement Notices Enforcement
9 Act 1994,
10
11 (2) In section 208(3) and (4) delete "section referred to" and insert:
12
13 Act referred to
14
15 67. Section 212 amended
16 In section 212(3) delete "Fines, Penalties and Infringement
17 Notices Enforcement Act 1994 section 32," and insert:
18
19 Fines, Penalties and Infringement Notices Enforcement
20 Act 1994,
21
22 Division 7 -- Road Traffic Act 1974 amended
23 68. Act amended
24 This Division amends the Road Traffic Act 1974.
page 67
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 4 Other Acts amended
Division 7 Road Traffic Act 1974 amended
s. 69
1 69. Section 17 amended
2 In section 17(2):
3 (a) in paragraph (e) delete "vehicle." and insert:
4
5 vehicle; and
6
7 (b) after paragraph (e) insert:
8
9 (fa) a licence suspension order made under the
10 Fines, Penalties and Infringement Notices
11 Enforcement Act 1994 section 19 or 43 is not in
12 force in respect of the vehicle; and
13 (f) the vehicle is not immobilised under an
14 enforcement warrant issued under the Fines,
15 Penalties and Infringement Notices
16 Enforcement Act 1994; and
17 (g) the vehicle's number plates have not been
18 removed under the Fines, Penalties and
19 Infringement Notices Enforcement Act 1994
20 section 95F; and
21 (h) a vehicle licence suspension order made under
22 the Fines, Penalties and Infringement Notices
23 Enforcement Act 1994 section 95G is not in
24 force in respect of the vehicle; and
25 (i) a vehicle licence cancellation order made under
26 the Fines, Penalties and Infringement Notices
27 Enforcement Act 1994 section 95J is not in
28 force in respect of the vehicle.
29
page 68
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Other Acts amended Part 4
Road Traffic (Vehicles) Act 2012 amended Division 7A
s. 70
1 70. Section 27A amended
2 (1) After section 27A(1) insert:
3
4 (2A) If a vehicle licence suspension order is made under the
5 Fines, Penalties and Infringement Notices Enforcement
6 Act 1994 section 95G in respect of a person, a licence
7 held by that person in respect of the vehicle specified
8 in the order is, by force of this section, suspended so
9 long as the vehicle licence suspension order continues
10 in force and during that period is of no effect.
11
12 (2) In section 27A(2) delete "Subsection (1)" and insert:
13
14 Subsections (1) and (2A)
15
16 (3) After section 27A(3) insert:
17
18 (4) If a vehicle licence cancellation order is made under
19 the Fines, Penalties and Infringement Notices
20 Enforcement Act 1994 section 95J in respect of a
21 person, a licence held by that person in respect of the
22 vehicle specified in the order is, by force of this
23 section, cancelled.
24
25 Division 7A -- Road Traffic (Vehicles) Act 2012 amended
26 70A. Act amended
27 This Division amends the Road Traffic (Vehicles) Act 2012.
page 69
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 4 Other Acts amended
Division 7A Road Traffic (Vehicles) Act 2012 amended
s. 70B
1 70B. Section 5 amended
2 In section 5(3):
3 (a) in paragraph (e) delete "vehicle." and insert:
4
5 vehicle; and
6
7 (b) after paragraph (e) insert:
8
9 (f) a licence suspension order made under the
10 Fines, Penalties and Infringement Notices
11 Enforcement Act 1994 section 19 or 43 is not in
12 force in respect of the vehicle; and
13 (g) the vehicle is not immobilised under the Fines,
14 Penalties and Infringement Notices
15 Enforcement Act 1994 section 95C; and
16 (h) the vehicle's number plates have not been
17 removed under the Fines, Penalties and
18 Infringement Notices Enforcement Act 1994
19 section 95F; and
20 (i) a vehicle licence suspension order made under
21 the Fines, Penalties and Infringement Notices
22 Enforcement Act 1994 section 95G is not in
23 force in respect of the vehicle; and
24 (j) a vehicle licence cancellation order made under
25 the Fines, Penalties and Infringement Notices
26 Enforcement Act 1994 section 95J is not in
27 force in respect of the vehicle.
28
page 70
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Other Acts amended Part 4
Road Traffic (Vehicles) Act 2012 amended Division 7A
s. 70C
1 70C. Section 16 amended
2 (1) After section 16(1) insert:
3
4 (2A) If a vehicle licence suspension order is made under the
5 Fines, Penalties and Infringement Notices Enforcement
6 Act 1994 section 95G in respect of a person, a licence
7 held by that person in respect of the vehicle specified
8 in the order is, by force of this section, suspended so
9 long as the vehicle licence suspension order continues
10 in force and during that period is of no effect.
11
12 (2) In section 16(2) delete "Subsection (1) does" and insert:
13
14 Subsections (1) and (2A) do
15
16 (3) After section 16(3) insert:
17
18 (4) If a vehicle licence cancellation order is made under
19 the Fines, Penalties and Infringement Notices
20 Enforcement Act 1994 section 95J in respect of a
21 person, a licence held by that person in respect of the
22 vehicle specified in the order is, by force of this
23 section, cancelled.
24
25 70D. Section 125 amended
26 In section 125(8) delete "section 19 or 43." and insert:
27
28 section 19, 43, 95G or 95J.
29
page 71
Fines, Penalties and Infringement Notices Enforcement Amendment
Bill 2012
Part 4 Other Acts amended
Division 8 Sentencing Act 1995 amended
s. 71
1 Division 8 -- Sentencing Act 1995 amended
2 71. Act amended
3 This Division amends the Sentencing Act 1995.
4 72. Section 57A amended
5 In section 57A(5)(b)(iii) delete "a warrant of execution" and
6 insert:
7
8 an enforcement warrant
9
10 73. Section 57B amended
11 In section 57B(6) delete "section 32 of ".
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