Crimes Amendment (Enforcement of Fines) Act 1998

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Legislation au C2004A00331 In force Act

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Crimes Amendment (Enforcement of Fines) Act 1998

Act No. 49 of 1998 as amended

This compilation was prepared on 4 April 2006

[This Act was amended by Act No. 9 of 2006]

Amendment from Act No. 9 of 2006

[Schedule 2 (item 14) amended item 3 of Schedule 1

Schedule 2 (item 14) commenced immediately after 29 June 1998]

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................1

3 Schedule(s).................................1

Schedule 1—Amendment of the Crimes Act 1914 2

 

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 29 June 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Crimes Amendment (Enforcement of Fines) Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Crimes Act 1914

 

1  Subsection 3B(1)

Repeal the subsection, substitute:

 (1) The Governor‑General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for:

 (a) officers of the State or Territory to exercise powers and perform functions; and

 (b) facilities and procedures of the State or Territory to be made available;

in relation to the carrying out or enforcement under this Act of orders made under this Act or another Act.

2  Transitional provision

An arrangement made under subsection 3B(1) of the Crimes Act 1914 before the commencement of this Act continues in force after that commencement as if the arrangement had been made under subsection 3B(1) of that Act as in force immediately after that commencement.

3  Subsection 3B(2)

Omit “sections, 15A and”, substitute “section”.

4  Subsection 3B(3)

Insert:

order includes a sentence.

5  Subsection 15A(1)

Repeal the subsection, substitute:

 (1) A law of a State or Territory relating to the enforcement or recovery of a fine imposed on an offender applies to a person convicted in the State or Territory of an offence against a law of the Commonwealth. The law applies:

 (a) so far as it is not inconsistent with a law of the Commonwealth; and

 (b) with the modifications made by or under this section.

 (1AA) If a law of a State or Territory requires or permits a person or authority other than a court to take action to impose a penalty described in subsection (1AB) for failure to pay a fine, the law applies under subsection (1) as if the law did not require or permit the person or authority to take the action but instead:

 (a) allowed any person to apply to a magistrate of the State or Territory sitting as a court for an order imposing the penalty; and

 (b) allowed the magistrate to make the order; and

 (c) provided for the order to have the same effect that the taking of the action by the person or authority has under the law without the modifications made by or under this subsection; and

 (d) were subject to any prescribed modifications consequential on the other modifications described in this subsection, or facilitating the operation of the law with those modifications.

 (1AB) Subsection (1AA) applies in relation to any of the following penalties:

 (a) garnishment of a debt, wage or salary;

 (b) a charge or caveat on property;

 (c) seizure of property;

 (d) forfeiture of property;

 (e) community service by a person who failed to pay a fine;

 (f) detention or imprisonment of a person who failed to pay a fine;

 (g) a penalty that is similar to a penalty described in paragraph (a), (b), (c), (d), (e) or (f);

 (h) a penalty prescribed by the regulations.

 (1AC) Jurisdiction is conferred on a magistrate of a State or Territory to make orders described in subsection (1AA).

 (1AD) If a law of a State or Territory requires or permits a court or a court officer to:

 (a) refer a matter to a person or organisation; or

 (b) notify a person or organisation; or

 (c) provide information to a person or organisation;

in relation to the enforcement or recovery of a fine imposed by the court, the law applies under subsection (1) in relation to the Federal Court of Australia and the Family Court of Australia in the same way as it applies to a court of the State or Territory.

6  Subsection 15A(1A)

Omit “making provision for or in relation to a matter mentioned in paragraph (1)(a), (b), (c) or (d)”, substitute “described in subsection (1AA)”.

7  At the end of section 15A

Add:

 (5) In this section:

modifications includes additions, omissions and substitutions.

8  Application

The amendments of section 15A of the Crimes Act 1914 made by this Act apply in relation to a fine regardless of whether it was imposed before, on or after the commencement of this Act.

 

Overview

The Crimes Amendment (Enforcement of Fines) Act 1998, enacted by the Parliament of Australia, was designed to address issues surrounding the enforcement and recovery of fines imposed by Commonwealth courts within the states and territories. The Act aimed to ensure that fines imposed by Commonwealth courts are enforceable in the same manner as fines imposed by state and territory courts. By amending the Crimes Act 1914, the legislation sought to clarify and facilitate the application of state and territory laws to the enforcement of Commonwealth fines, ensuring consistency and effectiveness in the enforcement of fines across different jurisdictions. The overarching policy objective of the Act was to enhance the efficiency and effectiveness of fines enforcement mechanisms, thereby contributing to better compliance with court-imposed fines and reducing the incidence of unpaid fines.

Scope and Application

The Crimes Amendment (Enforcement of Fines) Act 1998 applies to the enforcement and recovery of fines imposed by courts in relation to offences against Commonwealth law, ensuring consistency across jurisdictions. This Act amends the Crimes Act 1914 by modifying the application of state and territory laws concerning fines to Commonwealth convictions, making these laws applicable to offenders convicted in any state or territory of an offence against a Commonwealth law. The Act also mandates that any state or territory law requiring or permitting actions such as garnishment, property seizure, or community service for unpaid fines must be applied through a magistrate's order instead, ensuring these actions are subject to the jurisdiction of state or territory courts. Furthermore, the Act extends its application to fines imposed regardless of whether they were imposed before, on, or after the commencement of this Act. The scope of the Act is national, affecting all Australian states and territories, and it does not specify exclusions or thresholds, but rather operates through the modification of existing state and territory laws.

Key Provisions

The Crimes Amendment (Enforcement of Fines) Act 1998 amends the Crimes Act 1914 by altering the provisions concerning the enforcement of fines. Key changes include the replacement of subsection 3B(1) to allow the Governor-General to make arrangements with state and territory authorities for the execution of fines and the enforcement of related orders (subsection 3B(1)). It also modifies subsection 15A(1) to ensure that state or territory laws concerning the enforcement or recovery of fines apply to offenders convicted under federal law, subject to any necessary modifications (subsection 15A(1)). Additionally, the Act introduces provisions to ensure that penalties for non-payment of fines are imposed by magistrates rather than other authorities (subsection 15A(1AA)), and it extends these amendments to all fines, regardless of when they were imposed (subsection 15A(5)). Under this Act, the obligations imposed on parties and entities include compliance with the modified enforcement mechanisms for fines. State and territory authorities must cooperate with the federal government as per the arrangements specified under subsection 3B(1). They must also ensure that any penalties for non-payment of fines are imposed by magistrates, as outlined in subsection 15A(1AA). Additionally, courts and court officers in states and territories are required to handle matters related to the enforcement of federal fines in the same way they would for local fines, as stated in subsection 15A(1AD). These obligations ensure a unified approach to the enforcement of fines across different jurisdictions. The Act also outlines specific consequences and penalties for breaches of its provisions. While the Act does not explicitly state penalties for non-compliance, it implies that failure to adhere to the amended enforcement mechanisms could result in legal challenges or disputes over the validity of fines and penalties imposed. Furthermore, any arrangements made under the Act that are in force before its commencement continue to be valid, ensuring continuity in enforcement practices (subsection 2). The potential civil and criminal consequences for non-compliance are not explicitly detailed in the Act but could include legal actions for enforcement or recovery of fines that do not comply with the prescribed modifications.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.