State Penalties Enforcement Act 1999 (Qld)

State Penalties Enforcement Act 1999

An Act about the issue and enforcement of infringement notices, the enforcement of court ordered fines and certain court ordered debts, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the State Penalties Enforcement Act 1999.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

4   Objects

The objects of this Act include—

(a)maintaining the integrity of fines as a viable sentencing or punitive option for offenders; and

(b)maintaining confidence in the justice system by enhancing the way fines and other money penalties may be enforced; and

(c)reducing the cost to the State of enforcing fines and other money penalties.

5   Act has limited application to children

(1)Subject to subsections (2) and (3), this Act does not apply to a child other than to the extent it allows a child to pay a fine stated in an infringement notice for an offence in full or by instalments to an administering authority instead of being prosecuted for the offence.

(2)If a child aged at least 17 years is served with an infringement notice for a transport demerit points offence, this Act applies to the child in relation to the offence in the same way it applies to an adult.

(3)An enforcement order, fine collection notice or warrant may not be issued under this Act against a child except as allowed under subsection (2).

(4)A reference in this Act to a Magistrates Court includes, in relation to a matter involving a child, a reference to the Childrens Court.

(5)In this section—

transport demerit points offence means an offence for which a number of demerit points may be allocated against the offender’s traffic history under a regulation under the Transport Operations (Road Use Management) Act 1995.

6   Act binds State, Commonwealth and other States

(1)This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States.

(2)However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act.

Part 2    The State Penalties Enforcement Registry

7   The State Penalties Enforcement Registry

A State Penalties Enforcement Registry (SPER) is established.

8   Functions of SPER

(1)SPER has the functions conferred or imposed on it under this or another Act.

(2)In particular, SPER has the following functions—

(a)collecting amounts payable to SPER under this or another Act;

(b)administering the making of enforcement orders;

(c)taking enforcement action under this Act.

(3)The functions must be performed in accordance with the SPER charter.

9   The SPER charter

The SPER charter includes the following—

(a)maximising the collection, for victims of offences, of amounts ordered to be paid under the Penalties and Sentences Act 1992 by way of restitution or compensation;

(b)maximising the amount of fines and other money penalties paid before enforcement action is taken;

(c)promoting a philosophy that non-monetary satisfaction of SPER debts is for the needy in the community and not an alternative to payment of a fine for those who can afford to pay the fine;

(d)reducing the use of imprisonment for fine default by encouraging the use of other enforcement mechanisms;

(e)promoting public education about the obligations of offenders and the consequences of not satisfying the obligations.

9A   Registrar

(1)There is a registrar of SPER.

(2)The office of registrar is held by the person holding office as the Commissioner of State Revenue under the Taxation Administration Act 2001.

(3)The registrar has the functions and powers given under this or another Act.

10   Staff and contractors

(1)The staff of SPER are employed under the Public Sector Act 2022.

(2)The registrar may also engage, under contract, debt collectors and other entities to assist the registrar in the administration and enforcement of this Act.

(3)Persons engaged under subsection (2) are engaged under this Act and not the Public Sector Act 2022.

10A   Service contractors

(1)This section applies if, under section 10(2), the registrar engages an entity (the service contractor) under a contract (the service contract) to provide services to assist the registrar in the administration and enforcement of this Act.

(2)The service contract may—

(a)state the services (each, an authorised service) the service contractor is required to provide; and

(b)impose a condition on the provision of an authorised service by the service contractor; and

Example for paragraph (b)—

a condition requiring the service contractor to obtain the registrar’s approval before providing a particular authorised service

(c)include a delegation by the registrar under section 10C(1) or (3); and

(d)authorise the service contractor to subcontract the provision of an authorised service; and

(e)impose a condition on the service contractor’s authority to subcontract.

Example for paragraph (e)—

a condition requiring the service contractor to subcontract only with subcontractors approved by the registrar

(3)When providing an authorised service in accordance with the service contract, the service contractor may—

(a)use the name of SPER; and

(b)do anything necessary for, or incidental to, the provision of the authorised service.

(4)In the performance of an authorised service by the service contractor in accordance with the service contract—

(a)laws applying to the registrar, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were the registrar; and

(b)laws applying to SPER, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were SPER.

(5)Anything done—

(a)by the service contractor in accordance with the service contract; or

(b)in relation to the service contractor in relation to an authorised service;

is taken to have been done by or in relation to the registrar or SPER, as the case requires.

(6)However, the engagement of the service contractor under the service contract does not relieve the registrar of the registrar’s obligations in relation to the proper administration and enforcement of this Act.

10B   Service subcontractors

(1)This section applies if, in accordance with a service contract, the service contractor subcontracts with another entity (the service subcontractor) for the provision of an authorised service.

(2)The contract (the service subcontract) between the service contractor and the service subcontractor must comply with any condition imposed by the service contract in relation to subcontracting an authorised service.

(3)The service subcontract—

(a)must state the authorised service the service subcontractor is required to provide; and

(b)may impose a condition on the service subcontractor’s provision of the authorised service.

(4)If the service contract includes a delegation under section 10C(1), the service subcontract may include a delegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract.

(5)If the service contract includes a delegation under section 10C(3), the service subcontract may include a subdelegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract.

(6)When providing an authorised service in accordance with the service subcontract, the service subcontractor may—

(a)use the name of SPER; and

(b)do anything necessary for, or incidental to, the provision of the authorised service.

(7)In the performance of an authorised service by the service subcontractor in accordance with the service subcontract—

(a)laws applying to the registrar, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were the registrar; and

(b)laws applying to SPER, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were SPER.

(8)Anything done—

(a)by the service subcontractor in compliance with the service subcontract; or

(b)in relation to the service subcontractor in relation to an authorised service;

is taken to have been done by or in relation to the registrar or SPER, as the case requires.

(9)However, the engagement of the service subcontractor under the service subcontract does not relieve—

(a)the registrar of the registrar’s obligations in relation to the proper administration and enforcement of this Act; or

(b)the service contractor of the service contractor’s obligations under the service contract.

(10)In this section—

prescribed function see section 10C(6).

10C   Delegation of prescribed functions

(1)The registrar may delegate the registrar’s power to delegate a prescribed function to a service contractor.

Note—

For the registrar’s power to delegate, see section 161.

(2)A delegation under subsection (1) can not permit the subdelegation of the delegated power.

(3)Also, the registrar may delegate a prescribed function to a service contractor.

(4)A delegation under subsection (3) may permit the subdelegation of the prescribed function by the service contractor.

(5)However, the service contractor must not delegate or subdelegate a prescribed function to anyone other than—

(a)an appropriately qualified agent, employee or executive officer of the service contractor; or

(b)an appropriately qualified subcontractor engaged by the service contractor; or

(c)an appropriately qualified agent, employee or executive officer of a service subcontractor mentioned in paragraph (b).

(6)In this section—

prescribed function means a function or power of the registrar, or of SPER, under this Act that is prescribed by regulation for this section.

11   Management of office

(1)The registrar may make or issue an enforcement order, fine collection notice or warrant under this Act.

(2)The registrar has, for making or issuing an order or warrant under this Act, the same immunities and protection as officers of a court.

(3)Anything done by the registrar in the name of or for SPER is taken to have been done by SPER.

12   Protection from liability

(1)An official does not incur civil liability for an act done, or omission made, honestly and without negligence, when acting as an official.

(2)If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State.

(3)In this section—

official means—

(a)the registrar; or

(b)another member of the staff of SPER; or

(c)an enforcement officer.

Part 3    Infringement notices

Division 1 Service of infringement notices

13   Service of infringement notices—generally

(1)If an authorised person reasonably believes a person has committed an infringement notice offence, the authorised person may serve an infringement notice on the person for the offence.

(2)If the infringement notice offence involves a vehicle, the infringement notice may be served under section 14.

(3)Section 14 does not limit the ways an infringement notice may be served on a person.

(4)An infringement notice for an offence must not be served on a person after the end of the period within which a prosecution for the offence may be started and, if served, must be withdrawn.

(5)Section 28(2) to (4) applies to the withdrawal of an infringement notice under subsection (4).

14   Service of infringement notices for infringement notice offences involving vehicles

(1)An infringement notice for an infringement notice offence involving a vehicle may be served—

(a)on the owner of the vehicle; or

(b)on the person named in a known user declaration as the person who was in charge of the vehicle at the relevant time; or

(c)on the person named in a sold vehicle declaration as the person to whom the vehicle had been sold or otherwise disposed of before the relevant time.

(2)If the infringement notice is to be served by post, the notice may be addressed to the person—

(a)for the owner of the vehicle—at the address of the owner in the register of vehicles kept under a registration Act; or

(b)for the person named in a known user declaration—at the person’s address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act; or

(c)for the person named in a sold vehicle declaration—at the person’s address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act.

(3)Also, the infringement notice may be served by securely placing or attaching the notice, addressed to the owner, without further description, on or to the vehicle in a conspicuous position.

(4)If the infringement notice is served under subsection (3), it is taken to have been served on the owner on the day it is placed on or attached to the vehicle.

(5)A person must not interfere with an infringement notice placed on or attached to a vehicle unless the person is the owner or the person in charge of the vehicle at the relevant time.

Maximum penalty for subsection (5)—40 penalty units.

15   Infringement notices

(1)An infringement notice must be in the form approved by the administering authority.

(2)The notice must state the following—

(a)a unique number for the notice;

(b)the date of the notice;

(c)in relation to the alleged offender, unless the notice is served under section 14(3)—

(i)the alleged offender’s full name, or surname and any initial, and address; or

(ii)the particulars that are, under a regulation, identifying particulars for the alleged offender;

(d)in relation to the offence, particulars that are enough to show clearly the nature of the offence, including the following—

(i)if the offence is one prescribed under a regulation for this paragraph—the identifying particulars prescribed under the regulation for the offence;

(ii)if the offence took place over a period and did not involve a vehicle—the period over which the offence was committed;

(iii)the place the offence was committed and, subject to subparagraph (ii), the time and date of the offence;

(iv)if the offence involves a vehicle—the identifying particulars prescribed under a regulation for the vehicle;

(v)if the offence involves an animal—the identifying particulars prescribed under a regulation for the animal;

(e)the fine for the offence and how and where the fine may be paid;

(f)that the alleged offender must, within 28 days after the date of the notice—

(i)pay the fine in full to the administering authority; or

(ii)make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or

(iii)if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence;

(g)that the notice may be withdrawn before or after the fine is paid;

(h)if the offence involves a vehicle, the general effect of section 17.

(3)The infringement notice must also state—

(a)if the fine is at least the threshold amount—

(i)the alleged offender may, within 28 days after the date of the infringement notice, apply to the administering authority to pay the fine by instalments of not less than the minimum instalment; and

(ii)if the administering authority approves the application and the alleged offender pays the first instalment, the alleged offender may pay all remaining instalments to SPER in any way acceptable to SPER; and

(b)that if the alleged offender defaults, enforcement action may be taken to recover the amount, including by registering it with SPER, and additional fees may be payable.

16   Effect of this part on prosecution

(1)The fact that an infringement notice has been, or could be, served on a person for an offence, does not affect the starting or continuation of a proceeding against the person or anyone else in a court for the offence.

(2)This part does not—

(a)require the serving of an infringement notice on a person for an offence, as opposed to proceeding against the person in another way; or

(b)limit or otherwise affect the penalty that may be imposed by a court for an offence.

Division 2 Liability for infringement notice offences involving vehicles

17   Liability for infringement notice offences involving vehicles

(1)If—

(a)an infringement notice offence involving a vehicle happens; and

(b)an infringement notice for the offence is served on the person who is the owner of the vehicle at the time of the offence;

the owner is taken to have committed the offence even though the actual offender may have been someone else.

(2)If the actual offender is someone else, subsection (1) does not affect the liability of the actual offender, but—

(a)the owner and the actual offender can not both be punished for the offence; and

(b)if a fine is paid or a penalty is imposed on one of them for the offence, a further penalty must not be imposed on or recovered from the other person for the offence.

(3)However, the owner must not be taken under subsection (1) to have committed the offence if, within 28 days after the date of an infringement notice or service of a summons for the offence, the owner makes and gives to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence.

(4)The declaration must be made by—

(a)if the owner is an individual—the owner; or

(b)if the owner is a corporation—an executive officer of the corporation or the responsible operator.

18   Effect of illegal user declaration

(1)This section applies if—

(a)an infringement notice offence involving a vehicle happens; and

(b)an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and

(c)the person makes and gives to the administering authority an illegal user declaration for the vehicle.

(2)In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the vehicle was stolen or illegally taken at the relevant time.

19   Effect of known user declaration

(1)This section applies if—

(a)an infringement notice offence involving a vehicle happens; and

(b)an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and

(c)the person makes and gives to the administering authority a known user declaration for the vehicle.

(2)This section and section 17 apply as if the person named in the declaration as the person in charge of the vehicle at the relevant time (the user) were the owner of the vehicle at that time.

(3)A proceeding for the offence may be started against the user only if a copy of the declaration has been served on the user.

(4)In a proceeding for the offence against the user, the declaration is evidence that the user was in charge of the vehicle at the relevant time.

(5)In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner was not in charge of the vehicle at the relevant time.

20   Effect of sold vehicle declaration

(1)This section applies if—

(a)an infringement notice offence involving a vehicle happens; and

(b)an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and

(c)the person makes and gives to the administering authority a sold vehicle declaration for the vehicle.

(2)This section and section 17 apply as if the person named in the declaration as the person to whom the vehicle was sold or otherwise disposed of (the buyer) were the owner of the vehicle from the time of the sale or disposal.

(3)A proceeding for the offence may be started against the buyer only if a copy of the declaration has been served on the buyer.

(4)In a proceeding for the offence against the buyer, the declaration is evidence that the buyer was the owner of the vehicle at the relevant time.

(5)In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner had sold or disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time.

21   Effect of unknown user declaration

(1)This section applies if—

(a)an infringement notice offence involving a vehicle happens; and

(b)an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and

(c)the owner makes and gives to the administering authority an unknown user declaration for the vehicle.

(2)In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise—

(a)that—

(i)if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or

(ii)if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and

(b)that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time—

(i)were reasonable in the circumstances; and

(ii)were carried out with appropriate diligence.

Division 3 Obligations and options under infringement notices

22   Ways alleged offender may deal with infringement notice

(1)If an infringement notice is served on an alleged offender for an offence, the alleged offender must, within 28 days after the date of the infringement notice—

(a)pay the fine in full to the administering authority; or

(b)make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or

(c)if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence.

(2)Also, if the fine is at least the threshold amount, the alleged offender may, within 28 days after the date of the infringement notice, apply to the administering authority to pay the fine by instalments.

23   Application to pay fine by instalments

(1)This section applies if—

(a)an alleged offender is served with an infringement notice for an offence; and

(b)the fine for the offence is at least the threshold amount.

(2)Within 28 days after the date of the infringement notice, the alleged offender may apply to the administering authority for approval to pay the fine by instalments of not less than the minimum instalment.

(3)The application must be made in—

(a)the approved form; or

(b)another way acceptable to the administering authority.

Examples of other ways an application may be made that may be acceptable to the administering authority—

•by telephone

•by use of the internet

(4)The application must be accompanied by the first instalment, unless the application authorises the payment of the instalment by direct debit from an account the person holds with a financial institution.

(5)The administering authority must approve the application if—

(a)the application complies with this section; and

(b)the administering authority is satisfied the application was made by the alleged offender.

(6)If the administering authority approves the application, the alleged offender may pay all remaining instalments to SPER in any way acceptable to SPER.

(7)The administering authority must, at the time the alleged offender makes the application, inform the alleged offender of the consequences of failing to pay the instalments.

(8)Subsection (4) only requires an administering authority to accept payment of an instalment by direct debit if the administering authority is capable of accepting it.

24   Registration of instalment payments for infringement notices

(1)If an administering authority approves an application to pay an infringement notice fine by instalments, the administering authority must give to SPER, for registration, the particulars that are prescribed under a regulation of the offence to which the application relates and of the unpaid amount.

(2)No registration fee is payable for registering the particulars.

(3)The registrar must register the particulars, or the amended particulars given under subsection (6), as soon as practicable after receiving them.

(4)On registration—

(a)SPER becomes responsible for the collection of, and may collect, the unpaid amount; and

(b)the registrar must give to the person an instalment payment notice.

(4A)The registrar may, if satisfied that it is appropriate, allow the unpaid amount to be paid by stated instalments of less than the minimum instalment.

(5)SPER may retain out of each instalment received a management fee prescribed under a regulation.

(6)An administering authority may give to SPER for registration amended particulars mentioned in subsection (1).

(7)If amended particulars are given and an instalment payment notice for different particulars has already been given to the person, a fresh instalment payment notice must be given to the person.

25   Alleged offender who pays can not be prosecuted

(1)This section applies if—

(a)an infringement notice is served on an alleged offender for an offence; and

(b)the alleged offender pays the fine for the offence as required by the infringement notice or the alleged offender begins to otherwise discharge the fine.

(2)The alleged offender must not be prosecuted in a court for the offence.

(3)Subsection (2) applies even though more than 1 infringement notice has been served on the alleged offender for the offence.

26   When alleged offender can not elect to have offence decided by court

(1)This section applies if a person served with an infringement notice for an offence—

(a)pays the fine for the offence to the administering authority; or

(b)applies to the administering authority to pay the fine for the offence by instalments.

(2)The person may not elect to have the matter decided by a Magistrates Court.

27   When infringement notice offence is to be decided by court

(1)If, within 28 days after the date of an infringement notice, an alleged offender—

(a)elects under section 22(1)(b) to have the matter of the offence decided by a Magistrates Court; or

(b)takes no action under section 22;

a proceeding for the offence may be started under the Justices Act 1886.

(2)Subsection (1)(b) does not prevent the administering authority from giving SPER prescribed particulars of the offence for registration under part 4.

Division 4 Withdrawal and re-issue of infringement notice

28   Administering authority may withdraw infringement notice

(1)An administering authority may withdraw an infringement notice at any time before the fine is satisfied in full.

(2)For the withdrawal to be effective, the administering authority must—

(a)serve on the alleged offender a withdrawal notice in the approved form; and

(b)repay to the alleged offender any amount paid to the administering authority for the offence; and

(c)if prescribed particulars of the infringement notice offence are registered under part 4, give to SPER a copy of the withdrawal notice.

(3)On complying with subsection (2)—

(a)this Act, other than this part, stops applying to the infringement notice offence; and

(b)a proceeding for the offence may be taken against any person (including the alleged offender) as if the notice had not been served on the alleged offender.

(4)No compensation is payable to a person because of the administering authority’s refusal to withdraw an infringement notice.

29   Cancellation of registration on withdrawal of infringement notice

(1)If an administering authority gives SPER a copy of a withdrawal notice under section 28(2)(c), the registrar must, as soon as practicable after receiving the notice—

(a)cancel the registration of the relevant infringement notice default; and

(b)cancel any enforcement order issued because of the registration of the relevant infringement notice default; and

(c)refund any amount paid to SPER because of the registration of the infringement notice default.

(2)If a person is subject to a work and development order for an enforcement order made because of the relevant infringement notice default—

(a)the registrar must revoke the work and development order or, if the work and development order is for more than the amount of the enforcement order, vary the work and development order to the lesser amount; and

(b)the person is not entitled to compensation for performing an activity under the work and development order, other than unpaid work; and

(c)if the person performed unpaid work under the work and development order, the administering authority must compensate the person for the unpaid work.

(3)For subsection (2)(c), the registrar may, having regard to the amounts prescribed for unpaid work under section 165(11)(c), decide the amount of the compensation.

(4)If the registrar revokes or varies a work and development order under subsection (2)(a), the registrar must give the person written notice of the revocation or variation.

30   Application to cancel infringement notice for mistake of fact

(1)This section applies to an infringement notice for which a default certificate for the relevant infringement notice offence has been given to SPER for registration under section 33(1).

(2)If the registrar is satisfied—

(a)a person has been incorrectly named in the infringement notice as the alleged offender for the relevant infringement notice offence because of a mistake of fact or the misuse of the name and other particulars of the person named in the infringement notice; and

(b)the administering authority has refused to withdraw the relevant infringement notice;

the registrar may apply to a Magistrates Court for an order cancelling the infringement notice.

(3)The court may cancel or refuse to cancel the infringement notice.

(4)The court may decide an application under subsection (2) on written materials in the absence of a party if the court considers it appropriate.

31   Effect of cancellation of infringement notice

(1)This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30.

(2)If, because of the infringement notice, demerit points have been allocated against the alleged offender for an infringement notice offence under the Nature Conservation Act 1992 or another law, prescribed under a regulation, that provides for the allocation of demerit points—

(a)the demerit points for the offence are cancelled; and

(b)the relevant administering authority must make a note on any record it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been cancelled.

(3)Without limiting subsection (2), if, because of the infringement notice, demerit points have been allocated against the alleged offender’s traffic history for an infringement notice offence under the Transport Operations (Road Use Management) Act 1995 or the Heavy Vehicle National Law (Queensland)—

(a)the demerit points for the offence are cancelled; and

(b)the chief executive of the department within which the Transport Operations (Road Use Management) Act 1995 is administered must remove the record of the allocation of the demerit points from the alleged offender’s traffic history.

(4)Further, if, because of the infringement notice, a licence, permit or other authority has been suspended or cancelled, the suspension or cancellation stops having effect, unless the person’s licence, permit or authority would still be suspended, cancelled or no longer in force for another reason.

32   Proceedings after cancellation of infringement notice

(1)This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30.

(2)If the infringement notice is withdrawn or cancelled and the name of the actual offender is known, nothing in this or any other Act prevents—

(a)the administering authority issuing an infringement notice against the actual offender; or

(b)a proceeding being started in a court for the offence against the actual offender.

(3)However, the period of limitation within which a proceeding for the offence may be started against the actual offender starts on the day the infringement notice is withdrawn or cancelled.

(4)Subsection (3) provides some other time limit for making complaint for the purposes of the Justices Act 1886, section 52.

Part 3B    Work and development orders

32F   Definitions for part

In this part—

approved sponsor, for a work and development order, means a person or entity approved by the registrar for that type of work and development order.

eligibility assessment see section 32K(1).

WDO eligible amount, of a person’s SPER debt—

(a)means any amount that is—

(i)if an enforcement order has been served on the person and the person has not taken any action under section 41(1), the amount stated in the order; or

(ii)the enforceable amount of the person’s SPER debt; but

(b)does not include an amount that a court has ordered the person pay to a specified person or entity.

work and development order see section 32G(1).

32G   Work and development orders

(1)A work and development order is an order requiring a person to undertake any of the following to satisfy all or part of the WDO eligible amount of the person’s SPER debt—

(a)unpaid work for, or on behalf of, an approved sponsor;

(b)medical or mental health treatment under an approved sponsor’s treatment plan provided by a health practitioner;

(c)an educational, vocational or life skills course as decided by an approved sponsor;

(d)financial or other counselling as decided by an approved sponsor;

(e)drug or alcohol treatment as decided by an approved sponsor;

(f)if the person is under 25 years of age—a mentoring program as decided by an approved sponsor;

(g)if the person is an Aborigine or a Torres Strait Islander and lives in a remote area—a culturally appropriate program as decided by an approved sponsor.

(2)A work and development order must be in the approved form and state—

(a)the amount of a person’s SPER debt that is to be satisfied by complying with the order; and

(b)the activities that must be undertaken to comply with the order.

(3)In this section—

health practitioner means—

(a)a medical practitioner; or

(b)a psychologist within the meaning of the Health Practitioner Regulation National Law; or

(c)a registered health practitioner endorsed by the Nursing and Midwifery Board of Australia as a nurse practitioner under the Health Practitioner Regulation National Law.

registered health practitioner see the Health Practitioner Regulation National Law, section 5.

remote area means an area of the State prescribed by regulation.

32H   Eligibility for work and development order

An individual is eligible for a work and development order if the individual is an enforcement debtor and is unable to pay the WDO eligible amount of the individual’s SPER debt because the individual—

(a)is experiencing financial hardship; or

(b)has a mental illness within the meaning prescribed by regulation; or

(c)has a cognitive or intellectual disability; or

(d)is homeless; or

(e)has a substance use disorder as prescribed by regulation; or

(f)is experiencing domestic and family violence.

32I   No work and development order for amount payable to specified person or entity

A work and development order can not be applied to satisfy that part of a person’s SPER debt that a court has ordered the person pay to a specified person or entity.

Examples of court orders for the payment of part of a person’s SPER debt to a specified person or entity—

•an order for restitution or compensation under the Penalties and Sentences Act 1992, section 35(1)

•an order for damages under the Penalties and Sentences Act 1992, section 190

•an order to pay costs to a complainant under the Justices Act 1886, section 157

•an order to pay a fixed portion of a penalty to an individual

32J   Application for work and development order

(1)An approved sponsor may, with the agreement of an individual (the subject applicant), apply on behalf of the individual to the registrar for a work and development order to satisfy all or part of the WDO eligible amount of the individual’s SPER debt if the individual is eligible for the order under section 32H.

(2)The application must—

(a)state the grounds on which the subject applicant is eligible for the order; and

(b)state the activities that are proposed to be carried out by the subject applicant under a work and development order and the time by which the activities are proposed to be completed.

(3)An application for a work and development order to satisfy an amount mentioned in section 32I is of no effect.

32K   Eligibility assessment by approved sponsor

(1)Before making an application for a work and development order under section 32J, the approved sponsor must undertake an assessment (an eligibility assessment) of the applicant’s eligibility for a work and development order under section 32H.

(2)The registrar may require the sponsor to give the registrar evidence to support the eligibility assessment within a stated period of not less than 28 days.

(3)If the approved sponsor fails to comply with the requirement within the stated period, the application is taken to have been withdrawn.

32L   Decision on application

(1)After receiving an application for a work and development order under section 32J, the registrar must—

(a)make the order as applied for; or

(b)refuse to make the order.

(2)The registrar must refuse to make the work and development order if making the order would result in more than the maximum number, as prescribed by regulation, of work and development orders applying to the person proposed to be subject to the order.

(3)If the registrar makes the work and development order as applied for—

(a)the registrar must give a copy of the order to the person to be subject to the order; and

(b)the order takes effect when the order is made or on the later date stated in the order.

(4)If the registrar refuses to make the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157.

32M   Unpaid work must be performed cumulatively

All unpaid work required to be undertaken by a person under a work and development order is to be undertaken cumulatively with any community service the person must perform under another Act.

32N   Effect of this part on enforcement action

(1)This section applies if a work and development order is made for an individual in relation to an amount.

(2)No enforcement action may be taken against the individual in relation to the amount while the individual is complying with the order.

(3)To remove any doubt, it is declared that nothing in subsection (2) prevents enforcement action being taken against the individual in relation to an amount that is not subject to the order.

32O   Variation of work and development order

(1)An approved sponsor for a work and development order may, with the agreement of the individual subject to the order, apply to SPER on behalf of the individual for an increase in the order amount because an additional WDO eligible amount of the individual’s SPER debt is proposed to become subject to the order.

(2)The individual subject to a work and development order may apply to SPER for a decrease in the order amount because the individual proposes to pay an amount to SPER or enter into a payment plan for an amount.

(3)After considering an application made under subsection (1) or (2), the registrar must—

(a)vary the work and development order; or

(b)refuse to vary the work and development order.

(4)If the registrar varies the work and development order, the registrar must—

(a)give the individual subject to the order a copy of the varied order in the approved form; and

(b)notify the approved sponsor that the order has been varied.

(5)If the registrar refuses to vary the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157.

(6)The registrar may, with the agreement of the individual subject to a work and development order, vary the order by giving the individual a copy of the varied order in the approved form.

(7)In this section—

order amount, in relation to a work and development order, means the amount of an individual’s SPER debt that would be satisfied under the order if the order were fully complied with.

32P   Withdrawal of work and development order

(1)The approved sponsor for a work and development order may apply to the registrar to withdraw the order because the approved sponsor is unable to continue as the approved sponsor.

(2)The individual subject to a work and development order may apply to the registrar to withdraw the order because the individual believes the approved sponsor will be unable to continue as the approved sponsor.

(3)After considering an application made under subsection (1) or (2), the registrar must—

(a)withdraw the work and development order; or

(b)refuse to withdraw the work and development order.

(4)The registrar must give written notice of the decision to—

(a)the applicant; and

(b)if the applicant is not the individual subject to the work and development order—the individual.

(5)If the registrar refuses to withdraw the work and development order, the notice given to an applicant under subsection (4) must comply with the QCAT Act, section 157.

(6)To remove any doubt, it is declared that any amount not taken to be satisfied under the work and development order when it is withdrawn continues to be payable to SPER.

(7)Subsection (8) applies if—

(a)a person is subject to a work and development order; and

(b)before the work and development order is due to end, the registrar becomes aware that the amount remaining to be satisfied under the order is nil.

(8)As soon as practicable after becoming aware of the matter, the registrar must withdraw the work and development order and give the person notice of the withdrawal.

32Q   Revocation of work and development order

(1)The registrar may revoke a work and development order if—

(a)the registrar is satisfied that the individual subject to the order has failed, without reasonable excuse, to comply with the order; or

(b)the registrar believes that—

(i)information provided in, or in connection with, the application for the order is false or misleading in a material particular; or

(ii)information provided in, or in connection with, an eligibility assessment provided by an approved sponsor is false or misleading in a material particular; or

(iii)the individual subject to the order no longer meets the eligibility criteria stated in the person’s application for the order; or

(iv)the approved sponsor supervising compliance with the order is unable to satisfactorily continue the supervision or is in breach of any obligation under this part; or

(v)the person or entity supervising compliance with the order is no longer an approved sponsor.

(2)Before revoking the work and development order the registrar must, by written notice given to the person subject to the order, advise the person that—

(a)the registrar proposes to revoke the order and the reason for revoking the order; and

(b)the person may object to the registrar revoking the order by giving the registrar, within a stated period of at least 28 days, written reasons as to why the order should not be revoked.

(3)After considering all objections, if any, made under subsection (2)(b), the registrar must decide to—

(a)take no further action in relation to the order; or

(b)vary the order; or

(c)revoke the order.

(4)After making a decision under subsection (3) the registrar must give the person written notice of the decision.

(5)Also, if the decision is to vary or revoke the order, the notice of the decision must comply with the QCAT Act, section 157.

32R   Satisfaction of SPER debt

(1)This section applies to a person subject to a work and development order.

(2)If the person complies with the order, the amount stated in the order is taken to be satisfied.

(3)If the person pays the amount stated in the order, the order is taken to have been complied with.

(4)If a person complies with some, but not all, of the requirements of the order, the amount stated in the order is only satisfied to the extent of the value of the activities that have been undertaken at the rate or rates set out in the order.

32S   External review of decisions under this part

(1)This section applies to a person entitled to be given notice of any of the following decisions—

(a)a decision to refuse to make a work and development order under section 32L;

(b)a decision to refuse to vary a work and development order under section 32O;

(ba)a decision to refuse to withdraw a work and development order under section 32P;

(c)a decision to vary or revoke a work and development order under section 32Q.

(2)The person may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

Part 4    Enforcement orders

Division 1 Default commences enforcement process

33   Default by person served with infringement notice

(1)If a person served with an infringement notice has not, within 28 days after the date of the infringement notice—

(a)paid the fine in full to the administering authority; or

(b)applied to the administering authority to pay the fine by instalments; or

(c)made to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or

(d)if relevant, given to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence;

the administering authority may give to SPER for registration a certificate (default certificate) for the relevant infringement notice offence.

(2)For subsection (1)(c), an election may be made—

(a)in the approved form; or

(b)in another way acceptable to the administering authority.

Examples of other ways an election may be made that may be acceptable to the administering authority—

•by telephone

•by use of the internet

(3)A default certificate given under subsection (1) by an administering authority that is entitled under an Act to retain the amount of any fine paid to it must be accompanied by the registration fee.

(4)If a default certificate is given to SPER for registration on or before the final day, the registrar must register the certificate as soon as practicable after it is received.

(5)If a default certificate is given to SPER for registration after the final day, the registrar must not register it.

(6)A regulation may, for an infringement notice offence, prescribe—

(a)a day (the due day), before the final day, by which the administering authority must give a default certificate for the offence to SPER for registration; and

(b)a late lodgement fee that is payable by the administering authority for giving a default certificate for the offence to SPER for registration after the due day.

(7)An administering authority may give an amended default certificate to SPER for registration if amendment of an earlier certificate is necessary because of error, the dishonour of a cheque, or for another reason.

(8)Subsection (5) does not apply to an amended default certificate.

(9)No registration fee under subsection (3) or late lodgement fee under subsection (6)(b) is payable for an amended default certificate.

(10)In this section—

final day, for registration of a default certificate for an infringement notice offence, means—

(a)the latest day on which a prosecution for the offence may be started; or

(b)if a day, earlier than the day mentioned in paragraph (a) is prescribed by regulation to be the final day for registration of the default certificate—the day prescribed.

34   Default in paying fine, penalty or other amount under court order

(1)This section applies to any of the following orders made by a court—

(a)an order fining a person for an offence;

(b)an order under the Penalties and Sentences Act 1992, section 33B(1) that an amount be paid on the forfeiture of a recognisance;

(c)an order that a person pay to someone else an amount by way of restitution or compensation under the Penalties and Sentences Act 1992, section 35(1);

(d)an order that a person pay a penalty mentioned in the Penalties and Sentences Act 1992, section 182A or 185;

(e)an order under the Bail Act 1980, section 32(1) or 32A(1) that an amount be paid on the forfeiture of an undertaking;

(f)an order under the Justices Act 1886, section 161A that an amount be recoverable by execution or that details of the amount be registered under this Act;

(g)an order made before 27 November 2000 that a person pay an amount under the Crown Proceedings Act 1980, section 13 or 14;

(h)an order mentioned in the Industrial Relations Act 2016, section 380(1) or 406(1).

(2)Subsection (1)(a) to (f) or (h) applies to an order whether made before or after the commencement of this section.

(2A)At any time after the order is made, if all or part of the fine or other amount is unpaid, the court registrar may give to SPER, for registration, the prescribed particulars of the unpaid amount.

Note—

See also the Penalties and Sentences Act 1992, section 179F, the Police Powers and Responsibilities Act 2000, sections 115 and 781 and the Victims of Crime Assistance Act 2009, sections 120 and 193.

(2B)However, subsection (2A) does not apply to an unpaid amount under an order mentioned in subsection (1)(d) or (f) if, at the time the court makes the order, the court can not order that payment of the unpaid amount can be satisfied by imprisoning the person for a period.

(3)The registrar must register the particulars as soon as practicable after receiving them.

(4)Also, the registrar may issue an enforcement order, an enforcement warrant or a fine collection notice against the person concerned for the unpaid amount.

(5)Subsection (2) applies unless the person is ordered to be imprisoned under the Penalties and Sentences Act 1992, section 39 or 185A.

35   Effect of registration under this division

(1)This section applies if the registrar registers a default certificate under section 33 or prescribed particulars under section 34.

(2)On registration of the default certificate or particular—

(a)if the amount is registered because of a default certificate, the amount unpaid is increased by the amount of the registration fee; and

(b)SPER becomes responsible for the collection of, and may collect, the unpaid amount; and

(c)if the amount is registered because of a default certificate, a proceeding against the person for the offence may be started in a court only under this part.

(3)To remove any doubt, it is declared that subsection (2)(a) applies whether or not section 33(3) applies in relation to the default certificate.

(4)However, subsection (2)(a) does not apply in relation to the registration of an amended default certificate given to SPER under section 33(7).

(5)In this section—

amount unpaid, for an infringement notice offence involving a vehicle, includes the cost of establishing ownership of the vehicle.

36   Default in paying instalment

If a person served with an instalment payment notice fails to pay an instalment under the notice within the time allowed, the registrar may cancel the instalment payment notice without notice to the person.

37   Effect of cancellation of instalment payment notice

On the cancellation of an instalment payment notice under this division, the registrar must—

(a)increase the unpaid amount to which the notice relates by the amount of the registration fee; and

(b)issue to the person an enforcement order for the total of the unpaid amount.

Division 2 Enforcement orders

38   Issue of enforcement order

(1)This section applies if—

(a)the registrar registers a default certificate for a person; or

(b)this Act expressly authorises the registrar to issue an enforcement order against a person.

(2)The registrar must, in writing, order the person (enforcement debtor) to pay the amount stated in the order (enforcement order) to SPER within 28 days after the date of the order.

(3)The amount stated in an enforcement order must be—

(a)the amount that is registered as the unpaid amount for an offence; or

(b)the amount for which the registrar is expressly authorised to issue the order.

(4)The enforcement order may be made in the absence of, and without notice to, the enforcement debtor.

(5)The enforcement order must be made in the approved form.

(6)To remove any doubt, it is declared that a single enforcement order may relate to 1 or more infringement notice defaults.

39   [Repealed]

40   Service of enforcement order

The registrar may serve an enforcement order on a person by—

(a)serving the order on the person personally; or

(b)sending the order by ordinary post to the address for the person known to SPER; or

(c)sending the order by electronic communication under section 158.

Division 3 Obligations and options under enforcement order

41   Ways enforcement debtor may deal with enforcement order

(1)If an enforcement order is served on an enforcement debtor for an amount, the enforcement debtor must, within 28 days after the date of the enforcement order—

(a)pay the amount stated in the order in full to SPER; or

(b)apply to SPER, in the approved form or in another way acceptable to SPER, to pay the amount by instalments of not less than the minimum instalment; or

(c)if the order relates to an infringement notice offence—make to SPER an election to have the matter of the offence decided in a Magistrates Court.

(2)Also, an approved sponsor may, with the agreement of the debtor, apply on behalf of the debtor under part 3B for—

(a)a work and development order to satisfy the amount stated in the order; or

(b)if the debtor is subject to a work and development order—a variation of the order.

42   Application to pay by instalments

(1)Within 28 days after the date of an enforcement order, the enforcement debtor may apply to SPER for approval to pay the amount stated in the order by instalments.

(2)The application must be made—

(a)in the approved form; or

(b)in another way acceptable to SPER.

Examples of other ways an application may be made that may be acceptable to SPER—

•by telephone

•by use of the internet

(3)The enforcement debtor must, at the time of making the application, be informed by SPER of the consequences of failing to pay the account within the time allowed, including by instalments.

(4)If the registrar is satisfied the application was made by the enforcement debtor, the registrar may allow the amount to be paid by stated instalments of not less than the minimum instalment.

(5)Despite subsection (4), the registrar may, if satisfied exceptional circumstances exist, allow the amount to be paid by stated instalments of less than the minimum instalment.

(6)The registrar must give the enforcement debtor notice of the decision.

(7)If the registrar decides to allow payment of the amount by instalments, the registrar must also give the enforcement debtor an instalment payment notice for the amount.

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

48   [Repealed]

49   [Repealed]

50   [Repealed]

51   Election for court hearing

(1)If, within 28 days after the date of an enforcement order made against an enforcement debtor for an infringement notice offence for which the fine is unpaid, the enforcement debtor—

(a)elects under the order to have the matter of the offence decided in a Magistrates Court; or

(b)takes no action under section 42 or 43;

a proceeding for the offence may be started under the Justices Act 1886.

(2)If either of the following happens, any enforcement order for the offence stops having effect—

(a)the enforcement debtor elects under subsection (1)(a) to have the matter of the offence decided in a Magistrates Court;

(b)the enforcement debtor is granted a rehearing of the complaint for the offence in a Magistrates Court under the Justices Act 1886, section 142.

(3)Also, if a proceeding against the enforcement debtor for the offence is reopened under the Justices Act 1886, section 147A, any enforcement order for the offence stops having effect.

(4)The registrar must notify the enforcement debtor and the relevant administering authority of the effect of subsection (2) or (3).

(5)The notification under subsection (4) must be given as soon as practicable after the registrar knows that the enforcement order stops having effect because of this section.

Division 4 Default after enforcement order

52   Default after time to pay

(1)This section applies if an enforcement debtor—

(a)fails to pay an amount stated in an enforcement order within 28 days after the date of the order; or

(b)fails to pay an amount stated in an instalment payment notice issued under section 42 in accordance with the notice.

(2)The registrar may issue an enforcement warrant, a fine collection notice or an arrest and imprisonment warrant for the enforcement debtor for the balance of the unpaid amount stated in the enforcement order or instalment payment notice.

(3)Also, if the failure relates to an instalment payment notice, the registrar may cancel the instalment payment notice without notice to the enforcement debtor.

(4)If the registrar decides to issue an arrest and imprisonment warrant, the warrant must be for the arrest and imprisonment of the enforcement debtor for the period stated in the warrant worked out for the unpaid amount under section 52A.

52A   Working out period of imprisonment for arrest and imprisonment warrant

(1)The period of imprisonment that may be stated in an arrest and imprisonment warrant for an amount ordered to be paid by a court must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the relevant cut-out rate for a court order rounded down to the nearest whole number and expressed as a number of days.

(2)The period of imprisonment that may be stated in an arrest and imprisonment warrant for an infringement notice offence must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the cut-out rate for an infringement notice offence, rounded down to the nearest whole number and expressed as a number of days.

(3)However, the maximum period that may be stated in an arrest and imprisonment warrant for an amount a surety must pay under the Bail Act 1980 or the Penalties and Sentences Act 1992 must not be more than 2 years.

53   [Repealed]

Division 5 Effect of appeal on enforcement order

54   Effect of appeal on enforcement order

(1)This section applies if, after an enforcement order is made for a penalty imposed by a court for an offence, the enforcement debtor appeals against the conviction or sentence for the offence.

(2)The appeal suspends the enforcement order.

(3)If the appeal is upheld, the registrar must refund to the enforcement debtor any amount paid to SPER for the offence.

(4)If the appeal is dismissed, the suspension of the enforcement order is lifted and the registrar may continue to enforce the order.

(5)As soon as the registrar becomes aware of the appeal mentioned in subsection (1), the registrar must ensure that any steps taken under this Act to enforce the enforcement order are discontinued immediately and no further action is taken until the appeal is decided.

54A   Effect of appeal on enforcement order for offender levy

(1)This section applies if after an enforcement order is made for an offender levy, the enforcement debtor appeals against all of the convictions that resulted in the imposition of the offender levy.

(2)The appeals suspend the enforcement order made for the offender levy.

(3)If all convictions are quashed, the registrar must refund to the enforcement debtor any amount paid to SPER for the levy.

(4)Otherwise, the suspension of the enforcement order is lifted and the registrar may continue to enforce the order.

(5)As soon as the registrar becomes aware of the circumstances mentioned in subsection (1), the registrar must ensure that any steps taken under this Act to enforce the enforcement order are discontinued immediately and no further action is taken until all of the appeals are decided.

Division 6 Cancellation of certain enforcement orders

55   Application of div 6

This division applies to an enforcement order for an infringement notice offence registered with SPER under section 33 (relevant enforcement order).

56   Applications for cancellation of enforcement orders

(1)An enforcement debtor may apply in writing to SPER for the cancellation of the relevant enforcement order for any of the following reasons—

(a)the person did not receive—

(i)the infringement notice; or

(ii)any reminder notice the relevant administering authority sent to the person about the infringement notice; or

(iii)the enforcement order;

(b)the person received a notice or order mentioned in paragraph (a) after the time allowed for taking action stated in the notice or order;

(c)the person was prevented by accident or illness or for another similar reason from taking action in relation to the infringement notice or enforcement order;

(d)the person is electing to have the matter of the offence to which the relevant enforcement order relates decided in a Magistrates Court.

(2)The application must be made within the earlier of the following—

(a)14 days after the debtor becomes aware of the existence of the order;

(b)6 months after the issue of the relevant enforcement order.

(3)Despite subsection (2), an application under subsection (1) may be made after the periods mentioned in subsection (2) have ended if the registrar is satisfied the applicant has reasonable grounds for the delay.

(4)A person must not, without the approval of the registrar, make more than 1 application in relation to the relevant enforcement order.

57   Decision on application

(1)The registrar may cancel the relevant enforcement order only if the registrar is satisfied the order should be cancelled for the reason stated in the application.

(2)The registrar may ask the applicant to give to the registrar any information prescribed under a regulation that will help the registrar decide the application.

(3)The registrar may consider the application in the absence of the applicant.

(4)If the registrar cancels the relevant enforcement order—

(a)the registrar must refer the matter of the offence to the administering authority; and

(b)the administering authority may—

(i)accept payment of the fine in full as stated in the infringement notice for the offence; or

(ii)issue a fresh infringement notice for the offence; and

(c)if the administering authority does not take an action mentioned in paragraph (b)(i) or (ii), a proceeding may be started against the applicant for the offence.

(6)The registrar must give the applicant notice of the decision in the approved form.

58   Appeal against refusal to cancel enforcement order

(1)If, within 14 days after the date of the notice of the decision under section 57(6) and, after considering an application to cancel an enforcement order, the registrar refuses to cancel the order, the applicant may apply in writing to a Magistrates Court in the Magistrates Court district in which the offence is alleged to have been committed to have the original application decided by the court.

(2)The application must be filed with the relevant court registrar.

(3)The court registrar must, as soon as practicable, refer the matter to the court and notify the applicant and the registrar of when and where the application is to be decided.

(4)The court may make any decision about the application that the registrar could have made.

(5)The court may decide the application in the absence of the applicant if the court is satisfied the applicant is avoiding service of the notice or can not, after reasonable search and inquiry, be found.

(6)Also, the court may decide the application if it is satisfied that no party to the application will be prejudiced by the non-service of, or any error or omission in, the notice of the decision under section 57(6).

59   [Repealed]

60   Provisions relating to cancellation of enforcement order

(1)On an application under section 56 or 58, the registrar or a Magistrates Court may stay enforcement action under a relevant enforcement order on the conditions the registrar or the court considers appropriate.

(2)A single application may be made for the cancellation of 2 or more relevant enforcement orders against the same person.

(3)A relevant enforcement order that is cancelled stops having effect on the making of the order cancelling it and any enforcement action already taken must, if practicable, be reversed.

(4)Without limiting subsection (3), if a relevant enforcement order is cancelled—

(a)enforcement costs are not payable for the issue of the order; and

(b)any amount that has been paid under the order is repayable to the person by whom it was paid; and

(c)the period of limitation within which a proceeding for the offence to which the order relates may be started for the matter starts on the day the order is cancelled.

(5)Also, section 31 applies as if the infringement notice to which the relevant enforcement order relates were cancelled under section 30.

(6)Subsection (4)(c) provides some other time limit for making complaint for the purposes of the Justices Act 1886, section 52.

Part 5    Civil enforcement

Division 1 Preliminary

61   Application of pt 5

Subject to section 62, this part applies—

(a)if—

(i)the unpaid amount stated in an enforcement order is not paid within 28 days after the date of the order; and

(ii)if relevant, the enforcement debtor has not elected under section 51 to have the matter of an offence decided in a Magistrates Court; or

(b)if this Act expressly authorises the registrar to issue an enforcement warrant or a fine collection notice for an unpaid amount.

62   Part does not prevent issue of arrest and imprisonment warrant

Nothing in this part prevents the registrar, instead of acting under this part, issuing an arrest and imprisonment warrant for an enforcement debtor who may be arrested under this or another Act because of the enforcement debtor’s failure to pay an amount.

Division 2 Enforcement warrants

63   Issue of enforcement warrant

(1)The registrar may issue a warrant (enforcement warrant) under this division for an unpaid amount.

(2)An enforcement warrant may be a warrant—

(a)to seize and sell real and personal property, other than exempt property, in which the enforcement debtor has a legal or beneficial interest; or

(b)imposing a charge on specified property.

(3)An enforcement warrant must—

(a)be in the approved form; and

(b)be directed to all enforcement officers; and

(c)for an enforcement warrant to seize and sell property—state the date and time of issue and the date, within 1 year after the warrant’s issue, the warrant ends; and

(d)for another enforcement warrant—state the date and time of issue and the date, within 6 months after the warrant’s issue, the warrant ends; and

(e)include any other particulars required under section 140 or 141.

(4)On the issue of an enforcement warrant, the amount owing by the enforcement debtor is increased to the total of the amount unpaid before the warrant was issued and the civil enforcement fee.

(5)A copy of the enforcement warrant must be served on the enforcement debtor.

(6)Nothing in this Act prevents the registrar from issuing an enforcement warrant to seize and sell a vehicle while it is subject to an immobilisation warrant.

(7)However, an enforcement warrant can not be enforced while a vehicle is immobilised under an immobilisation warrant.

(8)A charge imposed on personal property under an enforcement warrant—

(a)is declared to be a statutory interest to which section 73(2) of the PPS Act applies; and

(b)has priority over all security interests in relation to the personal property other than those registered on the PPS register before the charge is mentioned on the register.

(9)Subsection (10) applies to the following fees, expenses and costs to the extent the fees, expenses and costs relate to personal property under an enforcement warrant—

(a)the enforcement officer’s fees and expenses mentioned in section 73J(2);

(b)other enforcement costs mentioned in section 73J(3)(a).

(10)The fees, expenses and costs mentioned in subsection (9)—

(a)are declared to be statutory interests to which section 73(2) of the PPS Act applies; and

(b)have priority over all security interests in relation to the personal property.

(11)In this section—

exempt property see the Civil Proceedings Act 2011, schedule 1.

personal property see the PPS Act, section 10.

PPS Act means the Personal Property Securities Act 2009 (Cwlth).

PPS register means the Personal Property Securities Register under the PPS Act.

security interest see the PPS Act, section 12.

63A   Renewal of enforcement warrant

(1)Before an enforcement warrant ends, the warrant may be renewed by the registrar for a period of—

(a)for an enforcement warrant to seize and sell property—not more than 1 year at any one time, from the date the warrant ends; or

(b)for another enforcement warrant—not more than 6 months at any one time, from the date the warrant ends.

(2)A renewed enforcement warrant must state the period for which the warrant has been renewed.

(3)The priority of a renewed enforcement warrant is decided according to the date the warrant was originally issued.

(4)A copy of the renewed enforcement warrant must be served on the enforcement debtor.

64   Registrar may cancel, suspend or vary enforcement warrant for seizure of property

(1)A person claiming an interest in property that is or is about to be seized or sold under an enforcement warrant may apply to the registrar for the cancellation, suspension or variation of all or part of the warrant, including because of facts that arise or are discovered after the warrant was issued.

(2)The application must state the facts relied on by the applicant.

(3)The registrar may, by order, cancel, suspend or vary an enforcement warrant.

65   Enforcement warrant imposing a charge on property

(1)An enforcement warrant imposing a charge on property may charge all or part of the enforcement debtor’s interest in specified land, interests in managed investment schemes or securities.

(2)The registrar may issue an enforcement warrant imposing a charge on property belonging to a partnership only if the registrar has given the partners—

(a)notice of intention to issue the warrant; and

(b)at least 10 days to give reasons the warrant should not be issued.

(3)For this section, service on each partner who resides in the State is sufficient service on any partner who resides outside the State.

66   Effect of warrant imposing charge on property

(1)An enforcement warrant imposing a charge on property entitles SPER to the same remedies as SPER would have had if the charge had been made in SPER’s favour by the enforcement debtor.

(2)However, SPER may not take proceedings to obtain a remedy in relation to particular charged property until—

(a)the enforcement warrant imposing the charge is served on the enforcement debtor and, for interests in managed investment schemes or securities, the person who issued or administers the interests or securities; and

(b)21 days have passed since the later service.

67   Order to set aside or restrain sale, etc. of charged property

(1)The registrar may apply to the Supreme Court for an order restraining the sale, transfer or other dealing with property under an enforcement warrant imposing a charge on property.

(2)The Supreme Court may restrain the sale, transfer or other dealing, unless to do so would prejudice the rights or interests of a genuine purchaser or chargee without notice.

(3)Also, the Supreme Court may—

(a)order that property mentioned in the order must not be sold, transferred or otherwise dealt with; or

(b)order that property mentioned in the order be sold, transferred or otherwise dealt with only in a stated way or circumstance.

(4)In addition, the Supreme Court may set aside any sale, transfer or other dealing with property charged under an enforcement warrant, unless to do so would prejudice the rights or interests of a genuine purchaser or chargee without notice.

68   Offence of dealing with charged or restrained property

(1)An enforcement debtor who is served with a copy of an enforcement warrant imposing a charge on property or an order made under section 67, must not knowingly contravene the warrant or order by concealing, selling, transferring or otherwise dealing with the property.

Maximum penalty—200 penalty units or 3 years imprisonment.

(2)A person who is served with a copy of an enforcement warrant imposing a charge on property or an order made under section 67 and issued or administers the charged property must not conceal, sell, transfer or otherwise deal with the property.

Maximum penalty—200 penalty units or 3 years imprisonment.

(3)If, despite subsection (2), the person who issued or administers the charged property conceals, sells, transfers or otherwise deals with the property, the person is liable to SPER for the value or amount of the charged property dealt with or the amount owing by the enforcement debtor, whichever is smaller.

68A   Offence of concealing, selling, transferring or otherwise dealing with property subject to seizure

An enforcement debtor who is served with a copy of an enforcement warrant to seize and sell property must not conceal, sell, transfer or otherwise deal with the property with intent to—

(a)defeat the enforcement of the warrant; or

(b)adversely affect any seizure or sale of the property under this Act.

Maximum penalty—200 penalty units or 3 years imprisonment.

69   Enforcement of enforcement warrant may be made conditional

(1)If the registrar issues an enforcement warrant to seize and sell real and personal property, the registrar may also instruct any or all enforcement officers not to enforce the warrant until the steps in this section are followed.

(2)The enforcement officer must first attempt to recover the amount owing in full.

(3)If the enforcement debtor can not pay the amount owing in full, the enforcement officer must attempt to interview the enforcement debtor.

(4)If the enforcement officer reasonably believes the enforcement debtor will not, or is unwilling to, take part in the interview, the enforcement officer may enforce the warrant.

(5)If, after interviewing the enforcement debtor, the enforcement officer is satisfied the enforcement debtor is unable to pay the amount owing in full, but can pay the amount in a way mentioned in subsection (6) or (7), and the enforcement debtor agrees, the enforcement officer—

(a)must not enforce the warrant; and

(b)must ensure the enforcement debtor takes all action necessary for the amount to be satisfied in the agreed way, including, for example, by giving the enforcement officer necessary information or completing necessary documents.

(6)If the enforcement officer is satisfied the enforcement debtor can pay the amount owing by instalments at the full instalment rate, the ways the amount may be paid are as follows—

(a)by regular redirection from a financial institution account at the full instalment rate;

(b)by regular redirection from earnings.

(7)If the enforcement officer is satisfied the enforcement debtor can not pay the amount owing by instalments at the full instalment rate, the ways the amount may be paid are as follows—

(a)by paying the amount by regular redirection from a financial institution account at a rate less than the full instalment rate;

(b)by satisfying the amount by undertaking activities under a work and development order.

69A   Particular matters about enforcement of enforcement warrant

(1)The registrar must give an enforcement warrant to an enforcement officer to be enforced, subject to any instruction under section 69(1) for the warrant.

(2)An enforcement officer must—

(a)have the warrant in the enforcement officer’s possession when enforcing the warrant; and

(b)for a warrant to seize or sell property—show the warrant to any person claiming an interest in the property to be seized.

(3)Actual seizure is not necessary to authorise the sale of real property under an enforcement warrant.

(4)If there is an advertisement of a notice about real property under section 73H, an enforcement officer is taken to have seized the real property for the purpose of this division.

70   Power of entry to enforce enforcement warrant

(1)An enforcement officer may, at any reasonable time of the day or night, enter any premises stated in an enforcement warrant for the purposes of executing the warrant.

(2)However, an enforcement officer may enter a part of premises used only for residential purposes only if the occupier consents to the entry or entry is authorised under a search warrant.

71   Search warrant

(1)If an enforcement officer reasonably believes there may be in any premises property that may be seized under an enforcement warrant, the enforcement officer may apply to a magistrate or a justice of the peace (magistrates court) who is not an official within the meaning of section 12, for the issue of a search warrant under this section.

(2)The magistrate or justice (issuer) may refuse to consider the application until the enforcement officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

Example—

The issuer may require additional information about the application to be given by statutory declaration.

(3)The issuer may issue the warrant only if satisfied there are reasonable grounds for believing there is in the premises property an enforcement officer may seize under an enforcement warrant.

(4)The warrant must be in the approved form and state—

(a)that a stated enforcement officer, or all enforcement officers, may enter the place and exercise the powers under section 72; and

(b)if the warrant is to be enforced at night—the hours when the place may be entered; and

(c)the warrant ends 7 days after it is issued.

72   Powers under search warrant

(1)An enforcement officer has the following powers under a search warrant—

(a)power to enter and re-enter stated premises and to stay on the premises for the time reasonably necessary to exercise the power mentioned in paragraph (b);

(b)power to search for and seize any property the enforcement officer may seize under an enforcement warrant;

(c)power to use reasonable help and force for paragraphs (a) and (b);

(d)power to do anything else reasonably necessary to be done that is incidental to searching for and seizing any property the enforcement officer may seize under an enforcement warrant.

(2)However, an enforcement officer does not have power under this section to seize property under any enforcement warrant or order issued under another Act while the person is in premises only under a search warrant under this Act.

73   Powers supporting seizure

Having seized a thing, an enforcement officer may—

(a)move the thing from the place where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure, but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted

73A   Notice to enforcement debtor etc. if seizure

(1)An enforcement officer who seizes property under an enforcement warrant must serve a notice complying with subsection (2) on the enforcement debtor or the person who is in possession of the property immediately before it is seized.

(2)For subsection (1), the notice must—

(a)be in the approved form; and

(b)state the property that is seized for sale under the warrant; and

(c)state that it is an offence—

(i)to conceal, sell, transfer or otherwise deal with the property seized with intent to—

(A)defeat the enforcement of the enforcement warrant; or

(B)adversely affect any seizure or sale of the property under this Act; or

(ii)to interfere with property, seized by an enforcement officer, left at the place of seizure or a seizure tag or sticker placed on the property.

73B   Enforcement officer may authorise tow

(1)This section applies if an enforcement officer arranges for a motor vehicle seized under an enforcement warrant to be towed to a holding yard.

(2)An enforcement officer may sign a towing authority for the seized vehicle.

(3)The driver of a tow truck towing the seized motor vehicle under a towing authority must tow the vehicle to—

(a)if the enforcement officer directs the driver to tow the motor vehicle to a particular holding yard—the holding yard; or

(b)if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.

(a)the approval of persons or entities as approved sponsors, including conditions of approvals;

(b)the keeping of records relating to work and development orders;

(c)the supporting evidence for eligibility assessments for work and development orders;

(d)disciplinary action that may be taken against approved sponsors, including immediate suspension or cancellation of approvals.

166   Registrar as administering authority etc.

(1)To remove any doubt, it is declared that—

(a)the registrar is a person who may be prescribed by regulation for a purpose under section 165(1A) or (1B); and

(b)unless the context otherwise requires, a reference in this Act to the registrar is a reference to the registrar in that capacity, and does not include a reference to the registrar in the registrar’s capacity as (for example)—

(i)the administering authority for an infringement notice or infringement notice offence; or

(ii)an authorised person for an infringement notice; and

Example—

A regulation under section 165(1B) prescribes the registrar to be a person who may serve an infringement notice for a particular infringement notice offence.
A reference to the registrar in section 134C (Registrar may require person to give information) does not include a reference to the registrar in the registrar’s capacity as an authorised person for the infringement notice.

(c)section 162 is not limited by section 163 in relation to an infringement notice for which the registrar is the administering authority.

(2)In relation to an infringement notice or infringement notice offence for which the registrar is the administering authority—

(a)this Act applies to the registrar, in the capacity of registrar and in the capacity of administering authority, with all necessary changes; and

(b)without limiting paragraph (a)—

(i)a provision requiring an administering authority to give a thing to SPER or the registrar does not apply to the registrar as an administering authority; and

Example—

Section 28(2)(c) requires an administering authority to give to SPER a copy of a notice withdrawing an infringement notice.
If the registrar withdraws an infringement notice for which the registrar is the administering authority, the registrar is not required under section 28(2)(c) to give a copy of the withdrawal notice to SPER.

(ii)if a provision provides for an administering authority to give a thing to SPER or the registrar for a purpose, the registrar may take action under this Act as if the thing had been given under the provision; and

Example—

Section 28(2)(c) requires an administering authority to give to SPER a copy of a notice withdrawing an infringement notice.
If the registrar withdraws an infringement notice for which the registrar is the administering authority, the registrar may take action under section 29 as if a copy of the withdrawal notice had been given to SPER under section 28(2)(c).

(iii)a provision requiring the registrar to notify an administering authority does not apply to the registrar as an administering authority.

Example—

Section 57(4)(a) requires the registrar to refer the matter of an offence to the administering authority in particular circumstances. If the registrar is the administering authority for an offence, section 57(4)(a) does not apply.

Part 10    Transitional, validating and declaratory provisions

Division 1 Transitional provisions for Act No. 70 of 1999

167   Amnesty period

(1)During the amnesty period, a warrant of commitment issued under—

(a)the Justices Act 1886 for an infringement notice offence under the Justices Act 1886, part 4A; or

(b)the Penalties and Sentences Act 1992 for non-payment of a fine imposed under that Act;

but not enforced before the amnesty period started (outstanding warrant) must not be enforced.

(2)Also, during the amnesty period a person may satisfy an outstanding warrant by paying the amount stated in the warrant free of any warrant issue fee mentioned in the warrant.

(3)Subsection (1) does not apply to the enforcement of a warrant of commitment for a person who is a prisoner within the meaning of the Corrective Services Act 1988.

(4)This section has effect despite anything to the contrary in the Justices Act 1886 or any other Act.

(5)In this section—

amnesty period means a 2-month period commencing on the commencement of this section or, if a longer period is prescribed under a regulation, the longer period.

168   Saving of infringement notice

An infringement notice issued under the Justices Act 1886, part 4A as in force before the commencement of section 167 is taken to be an infringement notice issued under this Act, and the penalty stated in the infringement notice is taken to be a fine under the notice.

169   Saving of enforcement orders

(1)This section applies to enforcement orders issued under the Justices Act 1886, section 98P for an existing penalty and in force immediately before the commencement of this section.

(2)Each enforcement order continues to have effect until the registrar issues an enforcement order under subsection (3) or an enforcement warrant or fine collection notice under subsection (5).

(3)As soon as practicable after the commencement of this section, the registrar must issue an enforcement order under this Act for each infringement notice to which an enforcement order mentioned in subsection (1) relates.

(4)Subsection (3) does not apply to an enforcement order that is amended under the Justices Act 1886, section 98R.

(5)If a person contravenes an enforcement order mentioned in subsection (4), the registrar may issue an enforcement warrant or fine collection notice for the amount unpaid under the order.

170   Issue of infringement notices by administering authority

(1)Despite the repeal of the Justices Act 1886, part 4A, an administering authority may continue to issue an infringement notice that complies with that Act for a period ending 6 months after the commencement of this section.

(2)However, the administering authority must at the same time issue a notice in the approved form to the alleged offender stating—

(a)the infringement notice will be enforced as if it is was issued under this Act; and

(b)the rights and obligations of the alleged offender under section 22.

(3)The infringement notice may be enforced as if it were an infringement notice issued under this Act.

171   Existing warrant of commitment

(1)If a warrant of commitment issued against a person under the Justices Act 1886 or the Penalties and Sentences Act 1992 for non-payment of an amount that may be registered under this Act was not enforced before the commencement of this section, the registrar may, despite the relevant Act, recall the warrant and cancel it.

(2)If, at the end of the amnesty period the amount has not been paid, the SPER registrar—

(a)may issue an enforcement order under this Act for the amount stated in the cancelled warrant; but

(b)is not required to serve a copy of the enforcement order on the person or to give the person any further time to pay the amount before taking enforcement action under part 5 or 6.

(3)The registrar may take enforcement action under this Act for the amount at any time after the order is made.

172   Existing fine option order

(1)A fine option order made for a person on an application under the Justices Act 1886, section 98U and in force immediately before the commencement of this section is taken to be a fine option order made under this Act.

(2)If the fine option order is revoked, the registrar—

(a)may issue an enforcement warrant or a fine collection notice under this Act for the amount concerned; but

(b)is not required to serve a copy of the warrant or notice on the person.

(3)The registrar may take enforcement action under this Act at any time after the fine option order is revoked.

Division 2 Validating and declaratory provisions

173   Infringement notice for Motor Accident Insurance Act 1994

(1)This section applies to an infringement notice for an offence against the Motor Accident Insurance Act 1994.

(2)An infringement notice issued or served by a police officer before 20 December 2002 is taken to have been issued or served by an authorised person.

(3)In this section—

infringement notice means an infringement notice under this Act or the Justices Act 1886, repealed part 4A.

174   Infringement notice for a corporation

To remove any doubt, it is declared that section 165(4), as in force immediately before the commencement of the Justice and Other Legislation Amendment Act 2005, section 149 was not and has never been, a contrary intention for the purposes of the application of the Statutory Instruments Act 1992, sections 24 and 25.

174A   Particular orders made under Industrial Relations Act 2016

(1)Subsection (2) applies if, before the commencement of this section—

(a)a magistrate gave particulars of a relevant order to the court registrar for the purpose of registering the prescribed particulars, in relation to the unpaid amount payable under the order, under section 34; or

(b)a court registrar purported, under section 34, to give to SPER, for registration, the prescribed particulars in relation to the unpaid amount payable under the order.

(2)The giving of the particulars by the magistrate and the giving of the prescribed particulars by the court registrar is, and always has been, lawful.

(3)Subsection (4) applies if, before the commencement of this section—

(a)the registrar purportedly registered, under section 34, prescribed particulars in relation to the unpaid amount payable under a relevant order; or

(b)a person took action purportedly under the Act to enforce a relevant order.

(4)The registration of the prescribed particulars, and the action taken, is as valid, and always has been as valid, as if, at the time the relevant order was made, it was an order to which section 34 applied.

(5)In this section—

relevant order means an order mentioned in the Industrial Relations Act 2016, section 380(1) or 406(1).

Division 3 Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2007

175   Definition for div 3

In this division—

amendment Act means the State Penalties Enforcement and Other Legislation Amendment Act 2007.

176   Transitional provision about management of office

(1)This section applies if, immediately before the commencement of the amendment provision, an enforcement order, warrant or fine collection notice properly made or issued by a member of the staff of the registry was still in force.

(2)The order, warrant or notice continues in force according to its terms as if the amendment provision had not commenced.

(3)A member of the staff of the registry continues to have the same immunities and protections in relation to making or issuing the relevant document as the staff member would have had if the amendment provision had not commenced.

(4)In this section—

amendment provision means section 4 of the amendment Act.

177   Transitional provision for extension of time to pay an amount stated in an enforcement order

(1)This section applies if, immediately before the commencement of this section, an application for an extension of time to pay an amount stated in an enforcement order has been made under repealed section 41(b) or 42(1)(a) but not decided.

(2)On the commencement, the application is taken to be cancelled.

(3)In this section—

repealed section 41(a) or 42(1)(a) means section 41(a) or 42(1)(a) as in force before the commencement of section 15 of the amendment Act.

178   Transitional provision for cancellation of enforcement order

(1)This section applies if, immediately before the commencement of this section, the registrar had cancelled an enforcement order under previous section 57 but had not referred the matter of the offence to a Magistrates Court.

(2)On the commencement—

(a)the registrar must not refer the matter of the offence to a Magistrates Court; and

(b)new section 57 applies to the cancellation of the enforcement order as if the cancellation had happened after the commencement.

(3)In this section—

new section 57 means section 57 as amended by the amendment Act.

previous section 57 means section 57 as in force before the commencement of section 20 of the amendment Act.

179   Transitional provision for good behaviour order

(1)After the commencement of this section, a good behaviour order may be made under the new section 118 in relation to an enforcement warrant or a fine collection notice issued or that could have been issued before the commencement as if the enforcement warrant or fine collection notice was issued after the commencement.

(2)In this section—

new section 118 means section 118 as in force after the commencement of section 26 of the amendment Act.

Division 4 [Repealed]

180   [Repealed]

Division 5 [Repealed]

181   [Repealed]

Division 6 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

182   Effect of provision disqualifying person from holding or obtaining driver licence

Section 106(4) as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 has effect in relation to a person whose licence is suspended under section 105 regardless of whether the suspension happened before or after the commencement of this section.

Division 7 Transitional provisions for State Penalties Enforcement Amendment Act 2017

183   Definitions for division

In this division—

amendment Act means the State Penalties Enforcement Amendment Act 2017.

amendments means the amendments of this Act made by the amendment Act.

community service has the meaning given by the Corrective Services Act 2006, schedule 4.

fine option order means an order converting the unpaid amount of a fine under an enforcement order to hours of unpaid community service.

former, in relation to a provision, means the provision as in force immediately before its amendment by the amendment Act.

183A   Department (corrective services) is approved sponsor

(1)From the commencement, the department (corrective services) is taken to be an approved sponsor for a work and development order to undertake unpaid work.

(2)The chief executive (corrective services) may appoint an appropriately qualified person to supervise a person undertaking unpaid work under a work and development order.

(3)The Corrective Services Act 2006 applies to a person appointed under subsection (2) as if a reference in that Act to a community service supervisor were a reference to the person.

(4)A corrective services officer has, subject to the directions of the chief executive (corrective services), the powers necessary to facilitate the department (corrective services) carrying out the functions of an approved sponsor.

(5)In this section—

corrective services officer see the Corrective Services Act 2006, schedule 4.

department (corrective services) means the department in which the Corrective Services Act 2006 is administered.

184   Other approved sponsors

(1)This section applies if, before the commencement, the registrar published, on the department’s website, a list of entities that are to be approved sponsors under this Act.

(2)From the commencement, an entity included in the published list is taken to be an approved sponsor for the types of work and development orders stated for the entity in the list.

(3)Nothing in this section prevents the registrar from cancelling an approval granted under subsection (2) or otherwise taking disciplinary action against the approved sponsor as provided by a regulation made under section 165(12).

185   Conversion of fine option orders

(1)This section applies if immediately before the commencement a person was subject to a fine option order.

(2)The fine option order is taken to be a work and development order to undertake unpaid work for, or on behalf of, an approved sponsor.

(3)If the person was subject to 2 or more fine option orders, the registrar may combine the orders into a single work and development order applying under subsection (2).

(4)The registrar must assign an approved sponsor for a work and development order mentioned in subsection (2).

(5)The registrar may revoke the order under this section if after the commencement—

(a)a fine option order breach notice is in force under section 190; and

(b)the registrar is satisfied the person concerned has contravened the order without reasonable excuse.

(6)Former section 129 applies for revoking the order despite the repeal of that section by the amendments.

(7)The registrar must give the person a written notice explaining the effect of this section and stating the name of the approved sponsor for the person’s work and development order.

186   Conversion of applications for fine option orders

(1)This section applies if, before the commencement, a person applied to SPER under former section 43 for the conversion of an amount stated in an enforcement order to hours of unpaid community service under a fine option order and, on the commencement, the application had not been finally dealt with under this Act.

(2)The application is taken to be an application for a work and development order to undertake unpaid work for, or on behalf of, an entity.

(3)For processing the application as an application for a work and development order—

(a)the registrar must assign an approved sponsor for the application; and

(b)despite the amendments, former sections 44 to 46 continue to apply for the application as if a reference in the provisions to a fine option order were a reference to a work and development order; and

(c)former sections 47 to 50 do not apply for the application, regardless of whether the application was referred to the chief executive (corrective services) under former section 47; and

(d)if, before the commencement, the chief executive (corrective services) decided the applicant was not suitable for performing community service under former section 48, the registrar may have regard to the decision when deciding whether to grant the application as an application for a work and development order.

187   Continuation of good behaviour orders

(1)This section applies if immediately before the commencement a good behaviour order (a continuing order) applied to a person.

(2)The former provisions of this Act that applied for good behaviour orders continue to apply for the continuing order as if the provisions had not been amended or repealed under the amendment Act.

193   Continuation of particular certificate evidence

In a proceeding under this or another Act a certificate purporting to be signed by the registrar and stating any of the following matters is evidence of the matter—

(a)a stated person applied to SPER to pay the fine under an infringement notice by instalments;

(b)a stated person applied to SPER for conversion, of an amount payable because of a fine, to hours of unpaid community service under a fine option order;

(c)a stated fine option order relating to a stated person was revoked on a stated day.

194   [Expired]

Division 8 Transitional provision for Tow Truck and Other Legislation Amendment Act 2018

195   Application of Act to particular 17 year old children

(1)This section applies if—

(a)before the youth justice commencement, the registrar—

(i)registered a default certificate for an offence under section 33; or

(ii)registered the prescribed particulars of an unpaid amount under section 34; and

(b)immediately before the youth justice commencement—

(i)there was still a relevant unpaid amount for the registered default certificate or registered particulars; and

(ii)the person required to pay the relevant unpaid amount was 17 years old.

(2)Despite the amendment of section 5 by the amending Acts—

(a)each of the following has effect—

(i)the registration of the default certificate or prescribed particulars;

(ii)any current enforcement order for the relevant unpaid amount; and

(b)this Act applies in relation to the person and the relevant unpaid amount as if pre-amended section 5 were still in force.

(3)To remove any doubt, it is declared that, for subsection (2)(b), a reference in pre-amended section 5 to a child within the meaning of the Youth Justice Act 1992 is a reference to a person who has not turned 17 years.

(4)If the date of a current enforcement order mentioned in subsection (2)(a)(ii) is less than 28 days before the youth justice commencement, this Act applies as if the date of the order were the date of commencement of this section.

(5)In this section—

amending Acts means—

(a)the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016; and

(b)the Tow Truck and Other Legislation Amendment Act 2018.

current enforcement order means an enforcement order that, immediately before the youth justice commencement, was in effect for a relevant unpaid amount.

pre-amended section 5 means section 5 as in force immediately before the youth justice commencement.

relevant unpaid amount, for a registered default certificate or registered particulars—

(a)means the amount SPER is responsible for collecting because of the registration; and

(b)includes any fees or costs payable under this Act in relation to the amount.

youth justice commencement means the commencement of the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016, schedule 1.

Division 9 Transitional provisions for State Penalties Enforcement (Modernisation) Amendment Act 2022

196   Current enforcement officers

(1)This section applies to a person who was, immediately before the commencement, an enforcement officer under this Act.

(2)From the commencement, the person continues to be an enforcement officer as if the person had been appointed under section 159C.

(3)Subsection (2) stops applying to the person at the earliest of the following to happen—

(a)the person is appointed as an enforcement officer under section 159C;

(b)the registrar ends the person’s deemed appointment under subsection (2) by signed notice given to the person;

(c)the person resigns as an enforcement officer by signed notice given to the registrar;

(d)the end of 30 days from the commencement.

197   Infringement notices issued after change of administering authority

(1)This section applies if an amendment of a regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022 (the 2022 amendment) changes the entity prescribed to be the administering authority for an infringement notice.

(2)The former approved form for the infringement notice continues to be the approved form during the period (the transitional period)—

(a)starting on the commencement of the 2022 amendment; and

(b)ending when the approval of a new form for the infringement notice under section 162(a) takes effect.

(3)If an infringement notice in the former approved form is served on a person during the transitional period—

(a)the notice does not contravene section 15 only because it refers to the former authority instead of the new authority; and

(b)a person who does a thing in the way stated in the notice in relation to the former authority is taken to have done the thing in relation to the new authority.

Example—

If, in accordance with the notice, a person pays a fine to the former authority, the person is taken to have paid the fine to the new authority.

(4)In this section—

former approved form, for an infringement notice, means the approved form for the infringement notice that was in effect immediately before the commencement of the 2022 amendment.

former authority, for an infringement notice, means the administering authority for the notice immediately before the commencement of the 2022 amendment.

new authority, for an infringement notice, means the administering authority for the notice from the commencement of the 2022 amendment.

Division 10 Transitional and validating provision for Revenue and Other Legislation Amendment Act 2025

198   Default certificates registered on or after 10 June 2022

(1)This section applies in relation to a default certificate registered under section 33 on or after 10 June 2022.

(2)New section 35 applies, and is taken to have applied from 10 June 2022, in relation to the default certificate.

(3)Anything done, or omitted to be done, in relation to the default certificate or an enforcement order issued in relation to the default certificate is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 35 been in force from 10 June 2022.

Examples of things done for subsection (3)—

•the issuing of an enforcement warrant, and any action taken to enforce the warrant, under part 5, division 2

•the suspension of a person’s driver licence under part 5, division 7

(4)In this section—

new section 35 means section 35 as amended by the Revenue and Other Legislation Amendment Act 2025.

Schedule 2 Dictionary

section 3

account, for a financial institution, includes a withdrawable share account.

address means—

(a)for an individual—

(i)the address of the place where the individual usually resides; or

(ii)a postal address for the individual; or

(iii)if a matter relates to a business owned or controlled by the individual—the address of the business; or

(b)for a corporation—

(i)the head office, a registered office or a principal office of the corporation; or

(ii)a postal address for the corporation.

administering authority, for an infringement notice or infringement notice offence, means the entity prescribed by regulation to be the administering authority for the notice or offence.

administration charge ...

alleged offender, for an infringement notice, means the person on whom the notice is served.

appropriately qualified ...

appropriately qualified public service officer ...

approved form means a form approved under section 162 or 163.

approved sponsor see section 32F.

arrest and imprisonment warrant see section 119.

authorised corrective services officer ...

authorised person means—

(a)for an infringement notice—a person who, under a regulation, may serve the infringement notice; or

(b)for a withdrawal from acting under this Act—a person who, under a regulation, may effect the withdrawal.

authorised service see section 10A(2).

chief executive (corrective services) ...

civil enforcement fee means the fee prescribed under a regulation for part 5.

commercial agent ...

community service has the meaning given by the Corrective Services Act 2006, schedule 4.

community service order ...

compliance period ...

confidential information, for part 8A, see section 134A.

contracted debt collector means a debt collector engaged under a contract under section 10(2).

conviction, for part 8, see section 131.

corrective services office ...

court registrar means—

(a)for the Supreme Court or District Court—the registrar of the relevant court; or

(b)for a Magistrates Court—the clerk of the relevant court.

criminal history of a person means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986.

customer reference number means a unique number used by the department within which the Transport Operations (Road Use Management) Act 1995 is administered to identify a person on whom an infringement notice for an infringement notice offence involving a vehicle has been served.

cut-out rate, for a fine or unpaid amount, means—

(a)for a court order under which an offender is required to serve a term of imprisonment for failing to pay a penalty or a forfeited recognisance under the Penalties and Sentences Act 1992—the rate worked out by dividing the penalty or the amount of the recognisance by the number of days of imprisonment ordered, expressed in dollars for each day; or

(b)for a court order under which an offender is not required to serve a term of imprisonment for failing to pay a penalty under the Penalties and Sentences Act 1992—the amount prescribed under a regulation for this paragraph or, if no amount is prescribed, $75; or

(c)for a court order under which a surety is required to serve a term of imprisonment for failing to pay an amount under the Bail Act 1980 or the Penalties and Sentences Act 1992—the rate worked out by dividing the amount by the number of days of imprisonment ordered, expressed in dollars for each day; or

(d)for a court order under which a surety is not required to serve a term of imprisonment for failing to pay an amount under the Bail Act 1980 or the Penalties and Sentences Act 1992—the amount prescribed under a regulation for this paragraph or, if no amount is prescribed, $75; or

(e)for an infringement notice offence—the amount prescribed by regulation for this paragraph or, if no amount is prescribed, $60.

debt collector means a debt collector or subagent under the Debt Collectors (Field Agents and Collection Agents) Act 2014.

deducted amount see section 87.

default certificate see section 33.

driver licence has the meaning given by the Transport Operations (Road Use Management) Act 1995, schedule 4.

earnings, of an enforcement debtor, means wages, salary, fees, bonuses, commission, overtime pay or other compensation for services or profit arising from office or employment, a pension, benefit or similar payment, an annuity or an amount payable instead of leave or retirement benefit owing or accruing to the enforcement debtor.

electronic communication means communication of information in the form of—

(a)data, text or images by guided or unguided electromagnetic energy; or

(b)sound by guided or unguided electromagnetic energy, if the sound is capable of being processed at its destination as language.

eligibility assessment, for part 3B, see section 32K(1).

employer, of an enforcement debtor, means a person (including the State) who, as principal, rather than as a servant or agent, pays, or is likely to pay, earnings to the enforcement debtor.

enforceable amount, of a person’s SPER debt, means that part of the person’s SPER debt for which the registrar may take enforcement action under part 5 or 6 (regardless of whether the registrar has started the action) less any amount for which recovery or enforcement action is suspended.

enforcement action means action taken under this Act by the registrar or SPER to recover an amount a person must pay to SPER, including an action the registrar or SPER may take under this Act because the person failed to pay an amount to SPER.

Examples of enforcement action—

issuing an enforcement warrant, issuing a fine collection notice, issuing a notice of intention to suspend a licence or issuing an immobilisation warrant

enforcement cost see section 149.

enforcement debtor see section 38.

enforcement officer means a person who holds office under part 9, division 2A as an enforcement officer.

enforcement order see section 38.

enforcement warrant see section 63.

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the management of the corporation.

fine—

(a)generally, includes—

(i)an amount stated in an infringement notice as the fine for a stated infringement notice offence and, for a particular infringement notice, the fine stated in the infringement notice; and

(ii)for an offence for which a fine is imposed by a court—any amount payable under an ancillary order of the court; and

(b)for part 8—see section 131.

Examples of ancillary orders—

1professional fees, witnesses’ expenses and interpreters’ allowances

2royalties or another similar amount, including conservation value payable under the Nature Conservation Act 1992

fine collection notice see section 75.

fine option order ...

fine option order breach notice ...

good behaviour order ...

government body means—

(a)the State, another State, the Commonwealth or a local government; or

(b)a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; or

(c)a part of an entity mentioned in paragraph (b).

illegal user declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating facts establishing the vehicle was stolen or illegally taken at the relevant time.

immobilisation notice see section 108N.

immobilisation period see section 108O.

immobilisation search warrant see section 108L.

immobilisation warrant see section 108D.

immobilising device, for a vehicle, means—

(a)wheel clamps; or

(b)another device that effectively detains the vehicle.

infringement notice means a notice under section 15.

infringement notice fine, for an infringement notice offence, means the amount prescribed under a regulation to be the fine payable for the offence under an infringement notice.

infringement notice offence means an offence prescribed by regulation to be an offence to which this Act applies.

instalment, of a fine under an infringement notice, means the amount payable as an instalment of the fine.

instalment payment notice see section 136.

interest in a managed investment scheme has the meaning given by the Corporations Act, section 9.

interfere with includes the following—

(a)remove;

(b)damage;

(c)destroy;

(d)deface.

known user declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating—

(a)if the owner is—

(i)an individual—the owner was not in charge of the vehicle at the relevant time; or

(ii)a corporation—the vehicle was not being used for the corporation at the relevant time; and

(b)the name and address of the person who was in charge of the vehicle at the relevant time.

late payment penalty—

(a)for a deducted amount—see section 87; or

(b)for an undeducted amount—see section 88.

minimum instalment means the amount prescribed under a regulation as the minimum amount a person who may pay an amount by instalments must pay.

motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.

offence, for a particular infringement notice, means the offence stated in the notice.

offence involving a vehicle means an offence in which an offender and a vehicle are involved, regardless of the extent to which the vehicle is actually involved in the offence.

offender, other than for part 3, includes alleged offender.

offender levy see the Penalties and Sentences Act 1992, section 179C.

officer, of a corporation, includes a former officer of the corporation.

official, for part 8A, see section 134A.

owner, of a vehicle, includes the person in whose name the vehicle is registered under a registration Act.

partner includes a former partner.

police commissioner ...

postal address, of a person, means—

(a)the address of the place where the person receives mail sent by post, other than a place at which the person usually resides or works; or

(b)a location or other designation sufficient to identify the part of a place where the person receives mail sent by post.

Example for paragraph (b)—

a post office box or parcel locker

premises includes any structure, building, aircraft, vehicle, vessel or place, whether built on or not.

prescribed interest ...

prescribed particulars, for part 4, means particulars prescribed under a regulation.

protected earnings amount, for a period for which earnings are paid, means the amount worked out by applying the protected earnings rate to the period for which the earnings are paid.

protected earnings rate has the meaning given by the Child Support (Registration and Collection) Act 1988 (Cwlth), section 4.

public service officer ...

quad bike means a 4-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle.

Queensland fine, for part 8, see section 131.

reciprocating court, for part 8, see section 131.

registered operator, of a vehicle—

(a)

means the registered operator of the vehicle under the Transport Operations (Road Use Management) Act 1995 (transport registered operator); and

(b)if there is not, but has been, a transport registered operator of the vehicle—includes the last transport registered operator of the vehicle.

registrar means the person holding office as the registrar under section 9A.

registration Act means—

(a)the Transport Operations (Road Use Management) Act 1995 or another Act prescribed under a regulation that deals with the registration of vehicles; or

(b)a law of the Commonwealth or another State that deals generally with the same subject matter as an Act mentioned in paragraph (a).

registration fee means the fee prescribed under a regulation for registering an unpaid amount under this Act.

relevant officer, for part 8, see section 131.

relevant person ...

relevant time, for an offence involving a vehicle, means the time and date specified in the infringement notice as the time and date of the offence.

responsible operator, of a vehicle, means a person nominated as a responsible operator for the vehicle under the Transport Operations (Road Use Management) Act 1995, section 170.

search warrant see section 71.

securities includes—

(a)annuities; and

(b)debentures; and

(c)stocks; and

(d)bonds; and

(e)shares; and

(f)marketable securities; and

(g)units of—

(i)shares; or

(ii)marketable securities; or

(iii)interests prescribed under a regulation.

service contract see section 10A(1).

service contractor see section 10A(1).

service subcontract see section 10B(2).

service subcontractor see section 10B(1).

SMS means short messaging service.

sold vehicle declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating facts establishing the owner had sold or otherwise disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time, including—

(a)the name and address of the person to whom the vehicle was sold or disposed of; and

(b)the date and, if relevant, time of the sale or disposal; and

(c)if an agent made the sale or disposal for the owner, the name and address of the agent.

SPER means the registry established under part 2.

SPER debt, of a person at a particular time, means the total amount the person must pay to SPER at that time, including, for example, fines and fees payable under this Act.

State penalties enforcement register means the register kept under section 153(1).

suspend, a driver licence, includes suspend a person’s eligibility to apply for or obtain a driver licence.

third person means a person, including the State, from whom a debt—

(a)is payable to an enforcement debtor; or

(b)is likely to become payable to an enforcement debtor.

threshold amount, for an infringement notice fine, means the amount, prescribed under a regulation, at or above which a person may apply to an administering authority for approval to pay the fine by instalments.

undeducted amount see section 88.

unknown user declaration, for an offence involving a vehicle, means a statutory declaration, or an online declaration under the Transport Operations (Road Use Management) Act 1995, section 114(4)(b), stating—

(a)if the owner is—

(i)an individual—the owner was not in charge of the vehicle at the relevant time; or

(ii)a corporation—the vehicle was not being used for the corporation at the relevant time; and

(b)the person making the declaration has not been able to find out who was in charge of the vehicle at the relevant time; and

(c)the nature of the inquiries made to find out the name and address of the person in charge of the vehicle at the relevant time.

unpaid work means—

(a)if a person’s approved sponsor is the department in which the Corrective Services Act 2006 is administered—the community service offered to the person by that department; or

(b)otherwise—an activity, prescribed by regulation, that is performed by a person without pay.

vehicle includes a boat.

vehicle insurance policy see section 108(4).

WDO eligible amount see section 32F.

wheelchair see the Transport Operations (Road Use Management) Act 1995, schedule 4.

wheeled recreational device see the Transport Operations (Road Use Management) Act 1995, schedule 4.

work and development order see section 32G(1).