Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback