Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003 (WA)

Western Australia

Fines, Penalties and Infringement Notices

Enforcement Amendment Act 2003

Western Australia

Fines, Penalties and Infringement Notices

Enforcement Amendment Act 2003

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Section 7 amended	2
5.	Section 7A inserted	2

7A. Registrar may delegate 2

6.	Section 47A amended	3
7.	Section 55D replaced	3

55D.	Registrar may use most effective
enforcement means 3

8.	Section 63 amended	4
9.	Section 66 replaced	5

66. Sheriff may delegate 5

10. Section 68A inserted 5

68A. Execution may be stayed 5

11.	Schedule 1 amended	6
12.	Validation	7

Western Australia

Fines, Penalties and Infringement Notices

Enforcement Amendment Act 2003

No. 14 of 2003

An Act to amend the Fines, Penalties and Infringement Notices

Enforcement Act 1994.

[Assented to 17 April 2003]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Fines, Penalties and Infringement

Notices Enforcement Amendment Act 2003.

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 2

2.             Commencement

This Act comes into operation on the day on which it receives

the Royal Assent.

3.             The Act amended

The amendments in this Act are to the Fines, Penalties and

Infringement Notices Enforcement Act 1994*.

[* Reprinted as at 2 November 2001.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 135, and Act No. 7 of 2002.]

4.             Section 7 amended

Section 7(4) is repealed.

5.             Section 7A inserted

After section 7 the following section is inserted —

“

7A. Registrar may delegate

(1) The Registrar may delegate to a person any power or duty of the Registrar under another provision of this Act other than —

(a)	the power under section 45 to issue a warrant of execution; and
(b)	the power under section 53(1) to issue a warrant of commitment.

(2)

The delegation must be in writing signed by the

Registrar.

(3)

A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the

delegation unless the contrary is shown.

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 6

(4)

Nothing in this section limits the ability of the

Registrar to perform a function through an officer or

agent.

”.

6.             Section 47A amended

After section 47A(3) the following subsections are inserted —

“

(4)

If a licence suspension order is cancelled under

subsection (3), the Registrar must advise the Director

General forthwith.

(5)

For the purposes of the Road Traffic Act 1974, the

cancellation of a licence suspension order takes effect

when the order is cancelled.

”.

7.             Section 55D replaced

Section 55D is repealed and the following section is inserted

instead —

“

55D.

Registrar may use most effective enforcement

means

(1) If the Registrar is satisfied that —

(a) a warrant of execution;

(b) an order to attend for work and development; or

(c) a warrant of commitment,

would be more likely than a licence suspension order

or any of the other methods of enforcement referred to

in paragraph (a), (b) or (c) to result in the payment or

recovery of the amount owed, the Registrar may —

(d) despite section 45(1), issue a warrant of execution in the prescribed form;

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 8

(e)	despite section 47(1) and (2), issue an order to attend for work and development; or
(f)	despite section 53(1) and (2), issue a warrant of commitment.

(2)

If the Registrar takes any action under subsection (1)

the Registrar must cancel any other authorisation, order

or warrant that has been issued in respect of the amount

owed.

(3)

If under subsection (1) the Registrar issues a warrant of

execution, section 45(2) to (5) apply to the warrant.

(4)

If under subsection (1) the Registrar issues an order to attend for work and development, sections 47(3) to (5), 48, 49, 50, 51 and 52 apply in relation to the order.

(5)

If under subsection (1) the Registrar issues a warrant of

commitment, section 53(3) to (9) apply in relation to

the warrant.

”.

8.             Section 63 amended

Section 63 is amended by deleting the definition of “offender”

and inserting the following definition instead —

“

“offender” means —

(a)	in the case of a warrant issued under Part 4, the offender in respect of whom it was issued;
(b)	in the case of a warrant issued under Part 6, the body corporate in respect of which it was issued;

”.

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 9

9.             Section 66 replaced

Section 66 is repealed and the following section is inserted

instead —

“

66.           Sheriff may delegate

(1)

The Sheriff may delegate to a person any power or

duty of the Sheriff under another provision of this Act.

(2)

The delegation must be in writing signed by the

Sheriff.

(3)

A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the

delegation unless the contrary is shown.

(4)

Nothing in this section limits the ability of the Sheriff

to perform a function through an officer or agent.

”.

10.           Section 68A inserted

After section 68 the following section is inserted —

“

68A. Execution may be stayed

(1)

On receipt of a warrant, the Sheriff may stay the

execution of the warrant if the offender enters into and

complies with a written or oral arrangement with the

Sheriff under which the offender agrees to pay the

amount owed under the warrant and any enforcement

fees either —

(a)	on or before an agreed date; or
(b)	by instalments on or before agreed dates,

in a manner, and at a place, determined by the

Registrar under section 8.

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 11

(2)

As soon as practicable after an offender enters into an

oral arrangement under subsection (1), the Sheriff must

serve a written version of it on the offender.

(3)

A failure to comply with subsection (2) does not

invalidate the arrangement or any payment made in

accordance with it.

(4)

The Sheriff may at any time cancel an arrangement entered into under subsection (1) and proceed with executing the warrant or exercising the powers under

section 55D.

(5)

As soon as practicable after cancelling an arrangement under subsection (4), the Sheriff must serve a notice of the fact on the offender.

(6)

A failure to comply with subsection (5) does not

invalidate the cancellation, any action taken in

connection with executing the warrant, any action

taken under section 55D, or any payment made by the

offender after the cancellation.

(7)

Despite the fact that the execution of a warrant is

stayed under subsection (1), the Sheriff may make an

application under section 69.

”.

11.           Schedule 1 amended

Schedule 1 is amended as follows:

(a) in clause 8(6) by inserting after “behalf ” —

“ of ”;

(b)	in clause 9(2) by deleting “to” after “section may”;
(c)	in clause 9(3) by deleting “to” after “section may”.

Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003

s. 12

12.           Validation

(1)	In this section —
“agreement” means an agreement or arrangement for the

payment of an amount owed or an amount outstanding

(within the meaning of sections 40 and 61 respectively of

the Fines, Penalties and Infringement Notices Enforcement

Act 1994);

“commencement” means the day on which this Act comes into

operation;

“offender” means —

(a)	an offender within the meaning of section 28; or
(b)	a body corporate referred to in section 61,

of the Fines, Penalties and Infringement Notices

Enforcement Act 1994.

(2)

An agreement entered into, or purportedly entered into, by or on

behalf of the Sheriff of Western Australia with an offender

before the commencement has, and is deemed always to have

had, force and effect.

(3)

An agreement entered into, or purportedly entered into, by a delegate of the Sheriff of Western Australia with an offender before the commencement has, and is deemed always to have had, force and effect.