State Penalties Enforcement Act 1999

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

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

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

The objects of this Act include—

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

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

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

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.

If a child aged at least 16 years is served with an infringement notice for a prescribed transport offence, this Act applies to the child in relation to the offence in the same way it applies to an adult.

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

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

In this section—

prescribed transport offence means—

a transport demerit points offence; or

an offence against any of the following provisions of the Transport Operations (Road Use Management) Act 1995—

section 78(1);

section 78B;

section 79(2AAA) or (2AAB);

section 80(22DA);

section 84, to the extent the offence involves a bicycle or personal mobility device;

section 84AA;

section 84B;

section 93; or

an offence against either of the following provisions of the Transport Operations (Road Use Management—Road Rules) Regulation 2009—

section 151;

part 15, other than sections 246(2) and 256(2).

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

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

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

A State Penalties Enforcement Registry (SPER) is established.

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

In particular, SPER has the following functions—

collecting amounts payable to SPER under this or another Act;

administering the making of enforcement orders;

taking enforcement action under this Act.

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

The SPER charter includes the following—

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;

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

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;

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

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

There is a registrar of SPER.

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

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

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

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

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

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.

The service contract may—

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

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

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

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

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

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

use the name of SPER; and

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

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

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

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

Anything done—

by the service contractor in accordance with the service contract; or

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.

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.