Justices Amendment (Infringement Notices) Act 1997
An Act to amend the Justices Act 1959 to enable infringement notices to be enforced under that Act and for related purposes
[Royal Assent 8 May 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Justices Amendment (Infringement Notices) Act 1997 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Justices Act 1959 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting "issued" from the definition of defendant and substituting "issued or against whom an enforcement order under section 92I has been made"; (b) by omitting the definition of pecuniary sum and substituting the following definition: pecuniary sum means – (a) a sum of money in respect of which a warrant is issued under section 80(1) , including the prescribed costs of the warrant and the prescribed costs of a warrant of commitment issued under section 80(2) , 80(4A) or 82(1) , as the case may require; and (b) a sum of money in respect of which a notice to appear is issued under section 92JA , including the prescribed costs of the notice and the prescribed costs of a warrant issued under section 92JB and of a warrant of commitment issued under section 80(2) , 80(4A) or 82(1) , as the case may require; 5Section 80 amended (Failure to pay sum within time granted) Section 80(2) of the Principal Act is amended by omitting "fails to pay the sum of money in respect of which the warrant is issued, together with the prescribed costs of the warrant" and substituting "or section 92JB , or a notice to appear has been issued under section 92JA , fails to pay the sum of money in respect of which the warrant or notice is issued together with the prescribed costs of the warrant or notice". 6Part IXA insertedAfter section 92C of the Principal Act , the following Part is inserted: PART IXAInfringement notices Division 1Preliminary 92DInterpretation of Part IXA (1) In this Part – alleged offence means – (a) an offence for which an infringement notice was issued; and (b) an offence in respect of which an enforcement order was made; alleged offender means – (a) a person to whom an infringement notice was issued; and (b) a person against whom an enforcement order was made; enforcement order means an order under section 92H ; infringement notice means a notice issued under a prescribed Act, order or other instrument of a legislative character offering the person to whom it is issued an opportunity, by paying an amount specified in the notice, to have the offence alleged in the notice dealt with out of court; infringement penalty means the amount specified in an infringement notice as payable in respect of the offence for which the infringement notice was issued; issued includes given or served; notice to appear means a notice issued by the clerk of petty sessions under section 92JA , which requires a person to appear before justices; payment period means the 28 day period specified in an enforcement order; principal enactment means the written law under which an infringement notice was issued; prosecuting authority means – (a) the person that administers the issuing of an infringement notice; and (b) the person that, after the issue of an infringement notice, is entitled to take any subsequent proceedings in relation to the infringement notice; and (c) the Commissioner of Police; registration certificate means a certificate in accordance with section 92F . (2) For the purposes of this Part, an alleged offender accepts an infringement notice if the notice is accepted in any manner allowed by the principal enactment. 92ERegistration of infringement notice (1) A prosecuting authority may register one or more infringement notices by – (a) providing to the clerk of petty sessions – (i) a registration certificate; and (ii) any information the clerk of petty sessions requires in the manner that the clerk requires; and (b) paying any applicable prescribed fee in respect of each infringement notice to which the registration certificate relates. (2) On receipt of the registration certificate, information and any prescribed fee specified in subsection (1) , the clerk of petty sessions must register the certificate in a register kept for the purposes of this Part. 92FRegistration certificate A registration certificate is to – (a) be in a form approved by the Chief Clerk of Petty Sessions; and (b) specify the name and last known address of the alleged offender; and (c) identify the alleged offence; and (d) specify the date on which the alleged offence allegedly occurred; and (e) specify the date on which the infringement notice to which it relates was issued to the alleged offender in respect of the alleged offence in accordance with the principal enactment; and (f) specify the date by which the alleged offender must accept the infringement notice; and (g) specify the amount of the infringement penalty. 92GNotice of withdrawal of infringement notice If an infringement notice is withdrawn after it has been registered, the prosecuting authority must provide notice of that withdrawal to the clerk of petty sessions. 92HEnforcement order (1) After the registration of an infringement notice, the clerk of petty sessions may make an enforcement order in respect of each alleged offence specified in the registration certificate if – (a) the infringement notice has not been accepted by the alleged offender or withdrawn by the prosecuting authority; and (b) the time within which the alleged offender may accept the infringement notice has expired. (2) An enforcement order is to state that the alleged offender pay to the clerk of petty sessions within 28 days after the day on which the order is made the total of – (a) the amount specified in the registration certificate under section 92F(g) ; and (b) the amount of the prescribed enforcement fee. 92IEffect of enforcement order (1) An enforcement order is taken to be an order of a court of summary jurisdiction. (2) The amount of money specified in an enforcement order as the amount the alleged offender is to pay is taken to be a sum of money that justices have adjudged under this Act to be payable by the alleged offender and payment of that amount may be enforced in the manner specified in section 80 . (3) After the end of the payment period specified in an enforcement order, the alleged offender is taken to have been convicted of the alleged offence if, within that period, the alleged offender has not – (a) paid the amount specified in the order; or (b) elected to have a complaint of the alleged offence heard and determined by justices. (4) On payment by the alleged offender of the amount specified in the enforcement order, the alleged offender is taken to have been convicted of the alleged offence. (5) Except as provided in subsections (3) and (4) , an enforcement order does not constitute a conviction in respect of the alleged offence. (6) After an enforcement order has been made, proceedings may not be commenced against the alleged offender in respect of the alleged offence in any court otherwise than under or as allowed by this Part. 92JNotice of enforcement order (1) On the making of an enforcement order, the clerk of petty sessions must serve the alleged offender with a notice of the making of the order. (2) The notice must – (a) identify – (i) the infringement notice to which the order relates; and (ii) the alleged offence in relation to which the infringement notice was issued; and (b) inform the alleged offender that an enforcement order has been made under section 92H for the payment by the alleged offender of an amount in relation to the infringement notice; and (c) inform the alleged offender that – (i) the amount must be paid as specified in the notice within the period specified in the notice; or (ii) if the alleged offender wishes to have the alleged offence heard and determined by justices, an election to have the alleged offence heard and determined by justices must be made under section 92L within that period; and (d) inform the alleged offender that, if payment or an election is not made within the payment period – (i) where the alleged offender is an individual, a notice to appear will be issued; or (ii) where the alleged offender is a corporation, civil proceedings to obtain payment will be taken. 92JANotice to appear (1) If at the end of the payment period specified in an enforcement order the alleged offender has not – (a) paid the amount specified in the order; or (b) elected to have the alleged offence heard and determined by justices – the clerk of petty sessions may issue a notice requiring the alleged offender to appear before justices. (2) The notice to appear is to be in a form approved by the Chief Clerk of Petty Sessions and is to specify the time and place at which the alleged offender is required to appear. (3) The notice to appear is to be served personally on the alleged offender. 92JBFailure to appear If an alleged offender who has been served with a notice to appear does not appear at the time and place specified in the notice, the justices there present may adjourn the proceedings and issue a warrant for the apprehension of the alleged offender. 92KExtension of time for payment or payment by instalments (1) After an enforcement order has been made but before the issue of a notice to appear under section 92JA , or the commencement of civil proceedings to obtain payment, in respect of the order, the alleged offender may apply to the clerk of petty sessions for the variation of the order to allow – (a) a longer period within which to pay the total amount payable under the order; or (b) payment of that total amount by instalments. (2) On receipt of an application, the clerk of petty sessions may vary the enforcement order – (a) by extending the payment period; or (b) by providing that payment be made by instalments as specified in the enforcement order. (3) Where the clerk of petty sessions varies an enforcement order in accordance with subsection (2) and the alleged offender has not paid the amount specified in the order by the end of the extended payment period or defaults in the payment of an instalment – (a) the whole of the amount, or such part of that amount as then remains unpaid, becomes due and payable; and (b) payment of the amount, or the unpaid part of the amount, may be enforced in the manner specified in section 80 . 92LElection for hearing by justices (1) Where an enforcement order is made in relation to an alleged offence, the alleged offender may elect, by notice in writing provided to the clerk of petty sessions, to have the alleged offence heard and determined by justices if – (a) the amount owing under the order has not been paid; and (b) a notice to appear has not been issued under section 92JA or civil proceedings to obtain payment of that amount have not been commenced. (2) On the making of an election – (a) the enforcement order ceases to have effect; and (b) the clerk of petty sessions must refer the alleged offence to justices for hearing and determination and provide the justices with a copy of that part of the registration certificate showing the information specified in section 92F(b) , (c) and (d) ; and (c) the clerk of petty sessions must notify the alleged offender and the relevant prosecuting authority – (i) that the order has ceased to have effect; and (ii) that the alleged offence has been referred to justices for hearing and determination; and (iii) of the time and place at which the hearing is to occur. 92MHearing of alleged offence following election If an alleged offence is referred to justices under section 92L(2) – (a) the copy of that part of the registration certificate provided to justices is taken to be a complaint filed on the date the certificate was registered; and (b) the alleged offender is taken to have been served with a complaint and summons; and (c) the justices must proceed to hear and determine the complaint of the alleged offence in accordance with this Act. 92NApplication for revocation of enforcement order (1) A prosecuting authority or an alleged offender may apply to the clerk of petty sessions for a revocation of an enforcement order if – (a) where the alleged offender is an individual, a warrant of commitment under section 80 in respect of the order has not been executed; or (b) where the alleged offender is a corporation, civil proceedings have not been commenced to obtain the sum owing under the order. (2) An application – (a) is to be in a form approved by the Chief Clerk of Petty Sessions; and (b) if it is made by the alleged offender, is to be accompanied by his or her statutory declaration which sets out the grounds on which the revocation is sought. 92ORevocation of enforcement order (1) On receiving the application of a prosecuting authority for the revocation of an enforcement order, the clerk of petty sessions must revoke the order. (2) On receiving the application of the alleged offender for the revocation of an enforcement order, the clerk of petty sessions – (a) if satisfied that the grounds set out in the statutory declaration accompanying the application support the revocation, must revoke the order; or (b) if not so satisfied, must not revoke the order. 92PProcedure of clerk after revocation of enforcement order (1) On revoking an enforcement order under section 92O(1) , the clerk of petty sessions must notify the prosecuting authority and the alleged offender of that revocation. (2) On revoking an enforcement order under section 92O(2) , the clerk of petty sessions must notify the prosecuting authority and the alleged offender – (a) that the order has been revoked and the matter of the alleged offence will be referred to justices for hearing and determination; and (b) of the time and place of the hearing. (3) On the revocation of an enforcement order under section 92O(2) , the clerk of petty sessions must – (a) refer the alleged offence to justices for hearing and determination; and (b) provide the justices with a copy of that part of the registration certificate showing the information specified in section 92F(b) , (c) and (d) . 92QHearing of alleged offence following revocation of enforcement order If an alleged offence is referred to justices under section 92P(3) – (a) the copy of that part of the registration certificate provided to justices is taken to be a complaint filed on the date the certificate was registered; and (b) the alleged offender is taken to have been served with a complaint and summons; and (c) the justices must proceed to hear and determine the complaint of the alleged offence in accordance with this Act. 92RRequest by prosecuting authority that no referral to justices of alleged offence (1) At any time after an enforcement order is revoked under section 92O(2) but before the hearing of the alleged offence, the prosecuting authority may file with the clerk of petty sessions a request that the alleged offence not be referred to justices for hearing and determination. (2) A request is to be in a form approved by the Chief Clerk of Petty Sessions. 92SEffect of request that no referral to justices of alleged offence (1) On receipt of a request under section 92R , the clerk of petty sessions must notify the alleged offender that the alleged offence will not be heard and determined by justices. (2) Justices must not proceed to hear and determine a complaint against the alleged offender in respect of the alleged offence referred to them under this Part if the clerk of petty sessions has received a request under section 92R . 92TProcedure of clerk after refusal to revoke enforcement order If the clerk of petty sessions determines under section 92O(2)(b) that an enforcement order is not to be revoked, the clerk must notify the alleged offender of – (a) the determination; and (b) the right of the person to elect within 28 days after the date of the notice to have the application for revocation referred to the justices for determination. 92UElection to refer application for revocation of enforcement order to justices (1) If an alleged offender receives a notice under section 92T that the clerk of petty sessions has determined not to revoke an enforcement order, the alleged offender may elect, within 28 days after the date of that notice, to have his or her application for the revocation of the order referred to justices for hearing and determination. (2) An election is to be – (a) in a form approved by the Chief Clerk of Petty Sessions; and (b) provided to the clerk of petty sessions. (3) On receipt of an election, the clerk of petty sessions must – (a) refer the application for revocation of the enforcement order to justices for hearing and determination; and (b) notify the alleged offender and the prosecuting authority – (i) of the referral of the application to justices for hearing and determination; and (ii) of the time and place at which the hearing is to occur. (4) Except where a prosecuting authority has filed a request with the clerk of petty sessions under section 92W , the clerk of petty sessions must provide the justices, before the date of the hearing of the application for revocation of the enforcement order, with – (a) a copy of that application; and (b) a copy of the enforcement order; and (c) a copy of that part of the registration certificate relating to the alleged offence that shows the information specified in section 92F(b) , (c) and (d) . 92VHearing and determination by justices of application for revocation of enforcement order (1) The justices must hear and determine an application for the revocation of an enforcement order referred to them under section 92U . (2) On hearing an application for revocation of an enforcement order, the justices may – (a) revoke the order; or (b) confirm the order. (3) If the justices revoke the enforcement order – (a) the copy of that part of the registration certificate provided to justices is taken to be a complaint filed on the date the certificate was registered; and (b) the alleged offender is taken to have been served with a complaint and summons; and (c) the justices may proceed to hear and determine the complaint of the alleged offence in accordance with this Act. 92WRequest by prosecuting authority that revocation application not be to justices (1) At any time after receiving a notice under section 92U(3)(b) of the referral to justices of an application for revocation of an enforcement order but before the hearing of the application, the prosecuting authority may file with the clerk of petty sessions a request that the application not be referred to justices for hearing and determination. (2) A request is to be in a form approved by the Chief Clerk of Petty Sessions. 92XEffect of request that revocation application not be to justices (1) On receipt of a request under section 92W , the clerk of petty sessions – (a) must revoke the enforcement order; and (b) must notify the alleged offender of the revocation of that order. (2) Justices must not proceed to hear and determine an application for the revocation of an enforcement order referred to them under section 92U if the clerk of petty sessions receives a request under section 92W . 92YEffect of revocation On the revocation of an enforcement order under this Part – (a) the order ceases to have effect; and (b) section 92I(3) is taken to have never applied in relation to the alleged offender. 92ZService of documents A document required to be served under this Part may be served personally, by post or in any other prescribed manner. 7Amendment of Appeal Costs Fund Act 1968Section 5 of the Appeal Costs Fund Act 1968 is amended as follows: (a) by inserting after subsection (2) the following subsection: (2A) Where an enforcement order is made under section 92H of the Justices Act 1959 ordering a person to pay an amount of money, that person must pay to the appropriate clerk of petty sessions a fee of $2. (b) by inserting in subsection (3) "or (2A)" after "(2)". [Second reading presentation speech made in:
House of Assembly on 26 NOVEMBER 1996
Legislative Council on 17 APRIL 1997]