Justices Amendment (Infringement Notices) Act 1999
An Act to amend the Justices Amendment (Infringement Notices) Act 1997 and to make consequential amendments to the Sentencing Act 1997
[Royal Assent 25 June 1999]
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 1999 . 2Commencement (1) Section 7 commences on the day on which the Justices Amendment (Infringement Notices) Act 1997 commences. (2) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Justices Amendment (Infringement Notices) Act 1997 is referred to as the Principal Act. 4Section 4 substitutedSection 4 of the Principal Act is repealed and the following section is substituted: 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting from the definition of "defendant" everything after "duty;". 5Section 5 repealedSection 5 of the Principal Act is repealed. 6Section 6 amended (Part IXA inserted)Section 6 of the Principal Act is amended as follows: (a) by omitting "92C" and substituting "87"; (b) by omitting "sum of money that justices have adjudged under this Act" and "section 80" from section 92I(2) that is to be inserted in the Justices Act 1959 and substituting "fine that a court has ordered under the Sentencing Act 1997 " and "section 47 of that Act", respectively; (c) by omitting "section 80" from section 92K(3)(b) that is to be inserted in the Justices Act 1959 and substituting " section 47 of the Sentencing Act 1997 "; (d) by omitting "Where an enforcement order is made" from subsection (1) of section 92L that is to be inserted in the Justices Act 1959 and substituting "At any time after an infringement notice is registered"; (e) by omitting paragraph (a) from that subsection and substituting the following paragraph: (a) the infringement penalty or, if an enforcement order has been made, the amount owing under that order, has not been paid; and (f) by omitting paragraph (a) from subsection (2) of section 92L that is to be inserted in the Justices Act 1959 and substituting the following paragraph: (a) if an enforcement order has been made, it ceases to have effect; and (g) by omitting "or an alleged offender" from section 92N(1) that is to be inserted in the Justices Act 1959 ; (h) by omitting "section 80" from paragraph (a) of subsection (1) of section 92N that is to be inserted in the Justices Act 1959 and substituting " section 47 of the Sentencing Act 1997 "; (i) by inserting after that subsection the following subsections: (1A) An alleged offender may apply to the clerk of petty sessions for the revocation of an enforcement order. (1B) An application under subsection (1A) is not to be made after the alleged offender has appeared on a notice to appear. (j) by inserting "under subsection (1) or (1A)" after "application" in section 92N(2) that is to be inserted in the Justices Act 1959 . 7Sentencing Act 1997 amended (1) The Sentencing Act 1997 is amended by omitting the definition of "fine" from section 4 and substituting the following definition: fine means – (a) the sum of money payable by an offender under an order of a court made on the offender being convicted of an offence; and (b) a sum of money payable as costs; and (c) a restitution order; and (d) a compensation order; and (e) a sum of money payable under an enforcement order under section 92H of the Justices Act 1959 ; (2) The Sentencing Act 1997 is further amended as follows: (a) by omitting the definition of "pecuniary sum" from section 4 and substituting the following definition: pecuniary sum means – (a) a sum of money in respect of which a warrant is issued under section 47(1), including the prescribed costs of the warrant and of a warrant of commitment issued under section 47(2)(c) or (5) or 49(1), as the case requires; and (b) a sum of money in respect of which a notice to appear is issued under section 92JA of the Justices Act 1959 , including the prescribed costs of the notice and the prescribed costs of a warrant issued under section 92JB of that Act and of a warrant of commitment issued under section 47(2)(c) or (5) or 49(1) of this Act, as the case requires; (b) by inserting the following section in Part 6 before section 43: 42AInterpretation In this Part, offender includes a person against whom an enforcement order under section 92I of the Justices Act 1959 has been made. (c) by omitting "fails to pay the fine in respect of which the warrant is issued, together with the prescribed costs of the warrant" from section 47(2) and substituting "or section 92JB of the Justices Act 1959, or a notice to appear has been issued under section 92JA of that Act, fails to pay the fine in respect of which the warrant or notice is issued together with the prescribed costs of the warrant or notice". [Second reading presentation speech made in:
House of Assembly on 21 APRIL 1999
Legislative Council on 27 MAY 1999]