State Penalties Enforcement Act 1999

This section applies if, after attempting to enforce an enforcement warrant or immobilisation warrant against an enforcement debtor, the registrar is satisfied the unpaid amount under the warrant can not be satisfied in any other way authorised under this Act.

This section also applies if the registrar issues an instalment payment notice or fine collection notice or makes a fine option order for an enforcement debtor after attempting to enforce an enforcement warrant or immobilisation warrant and the enforcement debtor fails to comply with the notice or order.

The registrar may issue a warrant (arrest and imprisonment warrant), directed to all police officers, for the arrest and imprisonment of the enforcement debtor for the period stated in the warrant.

The period of imprisonment is to be worked out for the unpaid amount in the same way as the period of imprisonment for an amount stated in an enforcement order is worked out under section 52A.

However, if the registrar issues the warrant without first taking action under part 5 for which a civil enforcement fee may be added to an unpaid amount, the unpaid amount for subsection (4) is increased by the amount of the warrant issue fee prescribed under a regulation.

The warrant stops having effect if the unpaid amount is paid before the enforcement debtor is imprisoned.

The period of imprisonment an enforcement debtor must serve under the warrant is cumulative on any other period of imprisonment the debtor must serve under any other warrant or an order of a court.