Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA)

Western Australia

Western Australia

Fines, Penalties and Infringement Notices Enforcement Act 1994

An Act to provide for the enforcement of the payment of fines and other penalties and for the enforcement of infringement notices and for related purposes.

This Act may be cited as the Fines, Penalties and Infringement Notices Enforcement Act 1994.

• (1)

  Subject to this section this Act comes into operation on such day as is fixed by proclamation.

• (2)

  Section 29(2) has no effect unless the Young Offenders Act 1994 is enacted, and, if that Act receives the Royal Assent after the day on which this Act comes into operation, section 29(2) comes into operation on the day on which that Act receives the Royal Assent.

• (1)

  In this Act —

approved form means a form approved in writing by the CEO (fines enforcement);

CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration;

CEO (fines enforcement) means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act;

child means a person who is under 18 years of age;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;

dishonoured payment means a purported payment —

• (a)

  by means of a cheque where the cheque is subsequently dishonoured or cancelled; or

• (b)

  by means of a credit card where the payment is not authorised by the issuer of the card; or

• (c)

  pursuant to an arrangement to directly debit an account with a person where the payment is not authorised by the person;

driver’s licence means a driver’s licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1) and includes an extraordinary licence as defined in that section;

electricity corporation means a corporation established under the Electricity Corporations Act 2005 section 4(1);

give information or a document or notice, has a meaning affected by section 5A;

hardship has a meaning affected by section 4A;

modified penalty means the amount of money prescribed in a written law and specified in an infringement notice as the amount that the alleged offender is to pay if the alleged offender wants the matter dealt with out of court;

Notes for this definition:

• 1.

  The Road Traffic (Administration) Act 2008 section 82(3) modifies the definition of modified penalty in relation to an alleged offence under the Road Traffic (Vehicles) Act 2012 section 10(6).

• 2.

  The Road Traffic (Administration) Act 2008 section 98(2) modifies the definition of modified penalty in relation to…