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FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT ACT 1994
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. General principles relating to enforcement of fines
4A. Hardship
4B. Remote areas
5. Service of documents
5A. Service by electronic means
5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
5C. Act binds Crown
PART 2 -- Fines Enforcement Registry
6. Registry established
7. Registrar
7A. Registrar may delegate
8. Payments to Registry
9. Registrar exempt from fees
10B. Registrar to keep record of outstanding fines and other amounts payable by young persons
PART 3 -- Infringement notices
Division 1 -- Preliminary
11. Terms used
12. Application
13. Approved prosecuting authorities and officers
Division 2 -- Enforcement of infringement notices
14. Final demand may be issued to alleged offender
15. Infringement notice may be registered
16. Registration of infringement notice: enforcement certificate
17. Order to pay or elect
18. Notice of intention to enforce
19. Licence suspension order
20. Cancelling licence suspension orders
20A. Alleged offender may request cancellation of licence suspension order
20B. Registrar may request further information
21A. Enforcement warrant
Division 2A -- Time to pay orders
21B. Application for time to pay order
21C. Making time to pay order
21D. Alleged offender may apply to have time to pay order amended
21E. Registrar may amend time to pay order
21F. Payments ordered must be within means of alleged offender
21G. Registrar may cancel time to pay order
21H. Enforcement action suspended while time to pay order is in force
Division 3 -- Miscellaneous
21. Election by alleged offender or prosecuting authority
22. Prosecuting authority may withdraw proceedings
23. Effect of order to pay or elect
24. Effect of payment of modified penalty etc.
25. Continuing offences: effect of proceedings under this Part
26. Road laws: effect of proceedings under this Part
27. How recovered amounts to be applied
27A. Certain decisions of Registrar are final
PART 4 -- Fines
Division 1 -- Preliminary
28. Terms used
29. Application of Part
30. Court may request offender’s address
Division 2 -- Payment and registration of fines
Subdivision 1 -- Fines taken to be registered when imposed
31. Application
32. Offender must pay fine or get time to pay order
Subdivision 2 -- Fines registered at request of prosecuting authority
32A. Application
32B. Fine may be registered at request of prosecuting authority
Subdivision 3 -- Time to pay orders
32C. Application for time to pay order
33. Making time to pay order
34. Offender may apply to have time to pay order amended
35. Registrar may amend time to pay order
35A. Payments ordered must be within means of offender
36. Registrar may cancel time to pay order
37. Enforcement action suspended while time to pay order is in force
Subdivision 4 -- Cancellation of registration
41. Cancellation of registration
Division 3 -- Notice of intention to enforce
42. Notice of intention to enforce
Division 3A -- Licence suspension orders
43. Licence suspension order
44. Cancelling licence suspension order
44A. Offender may request cancellation of licence suspension order
44B. Registrar may request further information
Division 3B -- Enforcement warrants
45. Enforcement warrant
Division 3C -- Work and development
Subdivision 1 -- Preliminary
46. Division does not apply to body corporate
Subdivision 2 -- Work and development permits
46A. Work and development permit
46B. Eligibility for work and development permit
46C. Application for work and development permit
46D. Issue of work and development permit
46E. Form of work and development permit
46F. Duration of work and development permit
46G. Discharge of liability under work and development permit
46H. Cancellation of work and development permit
46I. Amendment of work and development permit
46J. Approval of sponsors for work and development permits
46K. General provisions about approved sponsors
46L. Guidelines for work and development permits
46M. Guidelines to be taken into account
46N. Regulations about work and development permits
Subdivision 3 -- Work and development orders
47. Order to attend for work and development
47B. Effect of order to attend for work and development
47C. Cancellation and duration of order to attend for work and development
48. Making work and development order
49. Effect of work and development order
50. Primary requirements of work and development order
51. Discharge of liability under work and development order
52. Cancellation and duration of work and development order
Division 3D -- Fine expiation orders
52A. Division does not apply to body corporate
52B. Term used: daily expiation amount
52C. When a person is in custody for the purposes of fine expiation order
52D. Fine expiation order
52E. Application for fine expiation order
52F. Issue of fine expiation order
52G. Form of fine expiation order
52H. Discharge of liability when fine expiation order is issued
52I. Discharge of liability under ongoing fine expiation order
52J. Cancellation and duration of fine expiation order
Division 3E -- Warrants of commitment and other court-ordered enforcement action
Subdivision 1 -- Preliminary
52K. Division does not apply to body corporate
52L. Magistrates Court to be constituted by Magistrate
Subdivision 2 -- Application for and conduct of warrant of commitment inquiry
52M. Warrant of commitment inquiry
52N. Application for warrant of commitment inquiry
52O. Information and evidence to be included in application
52P. Decision on application for warrant of commitment inquiry
52Q. Issue of summons or arrest warrant
52R. Conduct of warrant of commitment inquiry
52S. Court may make orders or issue warrant of commitment
52T. Effect of orders under s. 52S(1)(a) to (c)
Subdivision 3 -- Summons to appear at warrant of commitment inquiry
52U. Form of summons
52V. Service of summons
52W. Oral service or substituted service of summons
52X. Summons ceases to have effect if application withdrawn
Subdivision 4 -- Arrest warrant for appearance at warrant of commitment inquiry
52Y. Form of arrest warrant
52Z. Effect of arrest warrant
52ZA. Duration of arrest warrant
52ZB. Conditional release of arrested offender
52ZC. Responsible officer for conditional release of offender
52ZD. Conditional release undertaking
52ZE. Duties of person before whom conditional release undertaking entered into
52ZF. Limitations on right to conditional release
52ZG. Offence of failure to comply with conditional release undertaking
52ZH. General provisions about conditional release
Subdivision 5 -- Miscellaneous provisions about warrant of commitment inquiry
52ZI. Withdrawal of application for warrant of commitment inquiry
52ZJ. Appearance of offender at warrant of commitment inquiry by video link or audio link
52ZK. Appeal
52ZL. Evidence of appearance or non-appearance of offender
Subdivision 6 -- Imprisonment under warrant of commitment
53. Effect of warrant of commitment
Division 3F -- Interaction of enforcement action under this Part
53A. Effect of enforcement instrument or WDO on other enforcement powers
53B. Effect of warrant of commitment inquiry process or warrant of commitment on other enforcement powers
Division 4 -- Miscellaneous
54. Functions of Registrar in relation to Service and Execution of Process Act 1992 (Commonwealth) Part
55. How recovered amounts to be dealt with
55A. Certain decisions of Registrar are final
PART 5A -- Publication of details of persons on Registrar’s website
Division 1 -- Preliminary
56A. Terms used
56AA. Outstanding orders to pay or elect
56B. Outstanding registered fines
56C. Relevant details of persons
Division 2 -- Publication of relevant details of persons on Registrar’s website
56D. Publication of relevant details of persons on Registrar’s website
56E. Removal of relevant details from website
PART 5 -- Amounts forfeited under undertakings
56. Amounts payable by defendants and offenders
57. Amounts payable by sureties
58. Amounts payable by witnesses and sureties for witnesses
59A. Automatic registration of amounts payable
PART 6 -- Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings
59. Terms used
60. Prescription of reciprocating States and courts
61. Enforcement of interstate fine against body corporate
62. Effect of enforcement by reciprocating court
PART 7 -- Enforcement warrants
Division 1 -- Preliminary
63. Terms used
65. Warrant has indefinite life
Division 2 -- General functions of the Sheriff
66. Sheriff may delegate
67. Police assistance may be requested
68. Sheriff to note time of receipt of warrant
68A. Execution may be stayed
68B. Notice of right to apply under s. 101AA to be given for warrants issued under Part
69. Examination in aid of seizure or exercise of additional powers relating to vehicles
70. Determining debtor’s interest in property
70A. Personal property to be sold in preference to real property
70B. Only sufficient property to be sold
70C. Seized property, Sheriff to determine fair value of
70D. Interests of others
70E. Sale to be advertised
Division 3 -- Seizure and sale of personal property
71. Enforcement warrant, effect of
74. Seizing personal property, powers enabling
75. Property that cannot be seized and sold
76. Seizure of documents
77. Seizure of cheques etc.
78. Debts due to debtor to be paid to Sheriff
80. Notice of seizure
81. Custody of seized property
85. Manner and place of sale
86. Sale price
87. Sale passes good title: protection of Sheriff
Division 4 -- Seizure and sale of land
88. Warrant, effect of
89. Seizure: how effected
90. Cancelling memorials
91. Power of entry
91A. Debtor may be permitted to sell or mortgage real property
91B. Place and manner of sale
92. Sale and transfer of land seized
Division 5 -- Interpleader
93. Making claim to property seized
94. Sheriff may admit or dispute claim
Division 6A -- Additional powers relating to vehicles
Subdivision 1 -- General provisions
95A. Application
95B. Warning notices
Subdivision 2 -- Immobilisation of vehicles
95C. Immobilisation of vehicles
95D. Removal of immobilisation of vehicle
95E. Offences relating to immobilisation of vehicles
Subdivision 3 -- Removal of number plates
95F. Removal of number plates
95G. Vehicle licence suspension and disqualification order made when number plates are removed
95H. Return of number plates
95I. Offence of interfering with or removing notice
Subdivision 4 -- Vehicle licence cancellation and disqualification orders
95J. Vehicle licence cancellation and disqualification order
Subdivision 5 -- Powers for this Division
95K. Powers enabling immobilisation of vehicles and removal of number plates etc.
Division 6B -- Garnishment
Subdivision 1 -- Preliminary
95L. Application
95M. Garnishee orders
95N. Duration, amendment and cancellation of garnishee order
Subdivision 2 -- Garnishee orders on earnings
95O. Issue of garnishee order on earnings
95P. Compliance with garnishee order on earnings
95Q. Notices and returns to be given in relation to garnishee orders on earnings
95R. Discharge of liability to pay debtor
95S. Records to be kept by relevant payers
95T. Protection of employees
95U. Regulations for this Subdivision
Subdivision 3 -- Garnishee orders on bank accounts
95V. Issue of bank account garnishee order
95W. Compliance with bank account garnishee order
95X. Notices to be given by banks
95Y. Records to be kept by banks
95Z. Administration fee for deduction under bank account garnishee order
95ZA. Requirements for debtor if bank account garnishee order issued
95ZB. Regulations for this Subdivision
Subdivision 4 -- General provisions
95ZC. Sheriff may refund money deducted under garnishee order
95ZD. Obtaining information relevant to garnishee order
95ZE. Relevant payer or bank must not disclose information
Division 6 -- Miscellaneous
95. Priority of warrant over writs etc.
96. How amounts recovered to be applied
97. Warrant may be satisfied at any time
98A. Seized property to be released if warrant ceases to be in force
98. Sheriff exempt from some licensing requirements
99. Sheriff exempt from fees
PART 7A -- Information
100. Terms used
100A. Disclosure of information to Registrar or Sheriff
100B. Disclosure of information by Registrar or Sheriff
100C. Registrar and Sheriff to have access to records of Director General
100D. Regulations relating to information
100E. Disclosure not subject to other laws
100F. Confidentiality
PART 8 -- Miscellaneous
101. Justices may set aside licence suspension order made under Part
101AA. Magistrates Court may set aside enforcement warrant issued under PART
101A. Justices may set aside licence suspension order made under PART
101B. Enforcement suspended on appeal etc.
101C. Proving licence suspension orders and service of documents
101D. Validity of certain orders not affected by non-receipt of documents
102. Effect of payment by dishonoured cheque
103. Exclusion of rules of natural justice
104. Warrants of commitment
105. Facsimile warrants
105A. Delegation by CEO (fines enforcement)
106. Validity of acts not affected by want of form
107. Protection from liability for wrongdoing
108A. Credit for punishment served in error
108B. Amounts to be credited to agency special purpose account
108. Regulations
109. Imposition of tax
109A. Review of certain amendments made by Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020
109B. Review of Part 4 Division 3C Subdivision
PART 9 -- Transitional and validation provisions
Division 1 -- Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012
110. Transitional provisions as to warrants of execution
111. Transitional provisions as to notices of intention to suspend licences issued under s.
112. Transitional provisions as to notices of intention to suspend licences issued under s.
113. Transitional provisions as to infringement notices
114. Validation
Division 2 -- Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020
115. Terms used
116. Offender not yet arrested under warrant of commitment issued before first commencement day
117. Offender in custody under warrant of commitment issued before first commencement day
118. Issue and cancellation of warrants of commitment in transitional period
119. Notices issued under s. 78(1) before first commencement day
120. Application of amendments
121. Time to pay orders
122. Enforcement warrant issued before second commencement day authorises issue of garnishee order
123. Instruments issued under provisions of former Act
124. Administrative information sharing arrangements
Uncommenced provisions table
Other notes
Defined terms
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