Fines, Penalties and Infringement Notices Enforcement Amendment Regulations (No. 3) 2013 (WA)
WESTERN
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X PRINT POST APPROVED PP665002/00041
Fines, Penalties and Infringement Notices Enforcement Act 1994
Fines, Penalties and Infringement Notices
Enforcement Amendment Regulations
(No. 3) 2013
Made by the Governor in Executive Council.
1. Citation
These regulations are the Fines, Penalties and Infringement Notices Enforcement Amendment Regulations (No. 3) 2013.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 13 — on the day after gazettal day; (c)
the rest of the regulations — on the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 4 comes into operation.
Notices Enforcement Regulations 1994.
3. Regulations amended
These regulations amend the Fines, Penalties and Infringement
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4. Regulation 3AA inserted
After regulation 3 insert:
3AA. Amount payable under Act s. 22(5)(c)
(1) In this regulation — GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195-1.
(2) For the purposes of section 22(5)(c), the alleged
offender is to be paid —
(a) an amount calculated in accordance with subregulation (3); and (b) any amount paid or required to be paid by the alleged offender under the Road Traffic (Charges and Fees) Regulations 2006 in connection with the issue of a new vehicle licence in respect of the vehicle, including the following — (i) any examination fee under regulation 23 of those regulations;
(ii) any recording fee under regulation 25 of those regulations;
(iii) any fee for the issue of number plates under regulation 30 of those regulations;
and (c) alleged offender in connection with the issue of
an unlicensed vehicle permit for the vehicle
under the Road Traffic (Licensing)any amount paid or required to be paid by the permit is issued for the purpose of enabling the
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vehicle to be driven to a location for an
examination under those regulations or forrepairs; and
(d)
if the alleged offender produces to the Registrar documentary evidence of any expenses of the alleged offender for travel, or vehicle towing or lifting, that resulted from the issue of the vehicle licence cancellation order — an amount that the Registrar considers appropriate to compensate the alleged offender for those expenses; and
(e)
if the alleged offender produces to the Registrar documentary evidence of any loss of earnings of the alleged offender that resulted from the issue of the vehicle licence cancellation order and that could not reasonably have been avoided by the alleged offender — an amount that the Registrar considers appropriate to compensate the alleged offender for the loss of earnings.
(3) For the purposes of subregulation (2)(a), the amount is
to be calculated in accordance with the following
formula —
licence cost total days ൈ remaining days where —
licence cost is the total of —
(a) for the vehicle licence in
accordance with the Road
Traffic (Charges and Fees)the vehicle licence charge paid account any exemption,
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reduction, concession or
refund applied under thoseregulations); and
(b) contract of insurance with
respect to the vehicle as
required by the Motor Vehicle
(Third Party Insurance)the insurance premium for the GST);
total days is the total number of days in the
period for which the vehicle licence
was issued;remaining days is the number of days that were
remaining in the period for which the
vehicle licence was issued when the
vehicle licence cancellation order was
made (including the day on which the
vehicle licence cancellation order was
made).
5. Regulation 3A amended
In regulation 3A delete “CEO.” and insert:
Registrar.
6. Regulation 6 amended
In regulation 6(2) delete “section 33(2), 34(2) or 35(1)” and
insert:section 33(3), 34(3) or 35(1)
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7. Regulation 6BA amended
In regulation 6BA delete “CEO.” and insert:
Registrar.
8. Regulation 8 amended
In regulation 8 delete “offender” (each occurrence) and insert:
debtor
9. Regulation 8A amended
(1) In regulation 8A(1) delete “suspend licences” and insert: enforce (2) After regulation 8A(1) insert: (2A) If on an application by a person under section 101AA
the Magistrates Court makes an order cancelling the
enforcement warrant concerned, the Registrar may
again take proceedings under Part 3 of the Act to
enforce the infringement notice that gave rise to that
enforcement warrant, such proceedings to be
commenced by issuing a notice of intention to enforce
under section 18.(3) In regulation 8A(2) delete “suspend licences” and insert: enforce
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10. Regulation 8B amended
(1) In regulation 8B(3) delete “suspend licences” (each occurrence)
and insert:enforce (2) In regulation 8B(4) delete “suspend licences” and insert: enforce (3) In regulation 8B(5):
(a) delete “a warrant of execution” and insert: an enforcement warrant
(b) delete “suspend licences” and insert: enforce
(4) In regulation 8B(6) delete “suspend licences” and insert: enforce
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11. Regulation 10 replaced
Delete regulation 10 and insert:
10. Exemptions from fees (Act Part 3)
The prosecuting authorities specified in the Table are exempted from payment of the fee for registering an infringement notice under Part 3 of the Act.
Table
1. Commissioner of Police
2. Department of Agriculture and Food
3. Department of the Attorney General
4. Department of Commerce
5. Department of Environment Regulation
6. Department of Fisheries
7. Department of Health
8. Department of Parks and Wildlife
9. Department of Racing, Gaming and Liquor
10. Department of Transport
11. Department of Water
12. Gaming and Wagering Commission of Western Australia
13. Perth Market Authority
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14. Public Transport Authority of Western Australia
15. Rottnest Island Authority
16. The Queen Elizabeth II Medical Centre Trust
17. Water Corporation
18. Western Australian Electoral Commission
19. Zoological Parks Authority
12. Regulation 11 amended
In regulation 11 delete “money order or credit card.” and insert:
money order or credit card, by direct debit from a bank account
or credit card, or by using a bill payment system approved by
the Registrar.
13. Schedule 1 amended
In Schedule 1 insert in alphabetical order:
Biosecurity and Agriculture Management Act 2007
Mining Rehabilitation Fund Act 2012
Water Services Act 2012
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14. Schedule 2 amended
(1) In Schedule 2 Division 1 delete item 4 and insert:
4. Fee for issuing a notice of intention to enforce ................. $28.50 (To be imposed when a licence suspension order is made or when an enforcement warrant is issued, but not twice.)
5. Fee for issuing an enforcement warrant ............................ $134.00 (To be imposed when the warrant is issued.)
(2) In Schedule 2 Division 2 delete items 1 and 2 and insert:
1. Fee for issuing a notice of intention to enforce .................. $28.50 (To be imposed when a licence suspension order is made or when an enforcement warrant is issued, but not twice.)
2. Fee for issuing an enforcement warrant ............................ $134.00 (To be imposed when the warrant is issued.)
(3) In Schedule 2 Division 3 item 13 delete “a warrant of execution”
and insert:an enforcement warrant
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15. Schedule 3 Forms 1 and 2 replaced
Delete Schedule 3 Forms 1 and 2 and insert:
1. Notice of withdrawal for the purposes of Act s. 22
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Section 22]
NOTICE OF WITHDRAWAL OF PROCEEDINGS UNDER PART 3
To:
Alleged offender ................................................................................................
Address ..............................................................................................................
.............................................................................................................................
.............................................................................................................................Copy to: Registrar of Fines Enforcement Registry
Details of infringement notice and alleged offence
Prosecuting authority: ........................................................................................
Number of notice: ...............................................................................................
Date of issue: ..................................... Time of issue: .......................................
Alleged offence: .................................................................................................
..........................................................................................................................................................................................................................................................
Fines Enforcement Registry details
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 22 in relation to the infringement notice issued for the above offence.
FER case no.: ........................... under the
.................................................................... .......................................
Prosecuting officer Date
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2. Enforcement warrant for the purposes of Act s. 21A and 45 (and Part 5)
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Sections 21A and 45 and Part 5]
Magistrates Court
Fines Enforcement RegistryWarrant no. ACN.
Case no.ENFORCEMENT WARRANT
To: The Sheriff of Western Australia
Name:
Address:
Debtor
Date of Birth:
MDL no.: MVL no.: For enforcement warrant For enforcement warrant issued
Case issued under s. 21A under s. 45 details Prosecuting authority: Court: [Complete Infringement notice no.: Nature of court order: relevant Alleged offence: Date of court order: details Place of alleged offence: Charge no.: only] Date of alleged offence: Offence:
Date of offence:Modified penalty OR fine/forfeited amount:
Costs: +
Amount Enforcement fees under Part 3 or 4: + owed Sub-total: = Less amount paid: – AMOUNT OWED: =
The above infringement notice or court order has been registered with the Fines Enforcement which to date is unpaid.
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You are authorised by this warrant to do the following: affix a warning notice to any vehicle licensed in the name of the debtor, immobilise any vehicle licensed in the name of the debtor, remove number plates from the any vehicle licensed in the name of the debtor, seize and sell so much of the debtor’s personal property and land as is necessary to recover the amount
owed and enforcement fees in connection with the execution of this warrant, enter places for
the purposes of exercising those powers.
This warrant must be executed in accordance with the Fines, Penalties and Infringement
Notices Enforcement Act 1994.
.................................................... ..............
REGISTRAR DATE
16. Schedule 3 Form 4 amended
(1) In Schedule 3 in the heading to Form 4 delete “Warrant of execution” and insert: Enforcement warrant (2) In Schedule 3 Form 4 delete “WARRANT OF EXECUTION”
and insert:ENFORCEMENT WARRANT 17. Schedule 3 Form 6 deleted
Delete Schedule 3 Form 6.
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18. Schedule 3 Forms 8 and 9 replaced
Delete Schedule 3 Forms 8 and 9 and insert:
8. Certificate under Act s. 101C(1) (Part 3 proceedings)
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Section 101C(1)]
CERTIFICATE AS TO LICENCE SUSPENSION ORDER
Alleged offender:
Address:
In relation to this alleged offender the following matters are certified as being true and correct:
[Strike out any that do not apply.]
1. dateprosecuting On [] an infringement notice was issued by [[description of alleged offence].
The modified penalty on the infringement notice is [$].
2. On [date] the infringement notice was registered under Part 3 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].
3. An order to pay or elect was issued under section 17 of the Act and was served on the alleged offender by [details of service].
4. A notice of intention to enforce was issued under section 18 of the Act and was served on the alleged offender by [details of service].
5. A licence suspension order suspending the alleged offender’s:
driver’s licence number [no.]
vehicle licence for the vehicle registered number [no.]
was made at [time] on [date] under section 19 of the Act.
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6. A notice confirming licence suspension was issued under section 19 of the Act and was served on the alleged offender by [details of service].
7. As at the time of issuing this certificate the licence suspension order has not been cancelled.
OR
The licence suspension order was cancelled at [time] on [date].
Date of this certificate: Time: [Signature]
REGISTRAR9. Certificate under Act s. 101C(1) (Part 4 proceedings)
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Section 101C(1)]
CERTIFICATE AS TO LICENCE SUSPENSION ORDER
Offender: Address: In relation to this offender the following matters are certified as being true
and correct:
[Strike out any that do not apply.]1. On [date] the [court] at [place] imposed a fine on the offender for the offence of [description of offence].
The amount of the fine (as defined in section 28(1) of the Act) is
[$].
2. On [date] the fine was registered under Part 4 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].
3. A notice of intention to enforce was issued under section 42 of the Act and was served on the offender by [details of service].
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4. A licence suspension order suspending the offender’s:
driver’s licence number [no.]
vehicle licence for the vehicle registered number [no.]
was made at [time] on [date] under section 43 of the Act.
5. A notice confirming licence suspension was issued under service].
6. As at the time of issuing this certificate the licence suspension order has not been cancelled.
OR
The licence suspension order was cancelled at [time] on [date].
Date of this certificate: Time: [Signature]
REGISTRAR10. Certificate under Act s. 101C(2A) (Part 3 proceedings)
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Section 101C(2A)]
CERTIFICATE AS TO VEHICLE LICENCE SUSPENSION ORDER/ VEHICLE LICENCE CANCELLATION ORDER
Alleged offender:
Address:
In relation to this alleged offender the following matters are certified as being true and correct:
[Strike out any that do not apply.]
1. dateprosecuting On [] an infringement notice was issued by [[description of alleged offence].
The modified penalty on the infringement notice is [$].
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2. On [date] the infringement notice was registered under Part 3 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].
3. offender’s vehicle licence for the vehicle registered number [no.]
was made on [date] under section 95G of the Act and took effect atA vehicle licence suspension order suspending the alleged was suspended and that the alleged offender was disqualified from holding or obtaining a vehicle licence was affixed to the vehicle.
4. As at the time of issuing this certificate the vehicle licence suspension order has not been cancelled.
OR
The vehicle licence suspension order was cancelled at [time] on
[date].
5. A vehicle licence cancellation order cancelling the alleged offender’s vehicle licence for the vehicle registered number [no.], and disqualifying the alleged offender from holding or obtaining a vehicle licence for that vehicle, was made under section 95J of the Act on [date] at [time].
6. A copy of the vehicle licence cancellation order was served on the alleged offender by [details of service].
7. As at the time of issuing this certificate the vehicle licence cancellation order has not been cancelled.
OR
The vehicle licence cancellation order was cancelled to the extent
that it disqualifies the alleged offender from holding or obtaining a
vehicle licence at [time] on [date].
Date of this certificate: Time: [Signature]
SHERIFF
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11. Certificate under Act s. 101C(2A) (Part 4 proceedings)
Fines, Penalties and Infringement Notices Enforcement Act 1994
[Section 101C(2A)]
CERTIFICATE AS TO VEHICLE LICENCE SUSPENSION ORDER/ VEHICLE LICENCE CANCELLATION ORDER
Offender: Address: In relation to this offender the following matters are certified as being true
and correct:
[Strike out any that do not apply.]1. On [date] the [court] at [place] imposed a fine on the offender for the offence of [description of offence].
The amount of the fine (as defined in section 28(1) of the Act) is
[$].
2. On [date] the fine was registered under Part 4 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].
3. A vehicle licence suspension order suspending the offender’s vehicle licence for the vehicle registered number [no.] was made on [date] under section 95G of the Act and took effect at [time] on that day. A notice confirming that the vehicle licence was suspended and that the offender was disqualified from holding or obtaining a vehicle licence was affixed to the vehicle.
4. As at the time of issuing this certificate the vehicle licence suspension order has not been cancelled.
OR
The vehicle licence suspension order was cancelled at [time] on
[date].
5. A vehicle licence cancellation order cancelling the alleged offender’s vehicle licence for the vehicle registered number [no.], and disqualifying the offender from holding or obtaining a vehicle
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licence for that vehicle, was made under section 95J of the Act on
[date] at [time].
6. A copy of the vehicle licence cancellation order was served on the offender by [details of service].
7. As at the time of issuing this certificate the vehicle licence cancellation order has not been cancelled.
OR
The vehicle licence cancellation order was cancelled to the extent
that it disqualifies the offender from holding or obtaining a vehicle
licence at [time] on [date].
Date of this certificate: Time: [Signature]
SHERIFFBy Command of the Governor, R. KENNEDY, Clerk of the Executive Council.
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