State Penalties Enforcement Act 1999

The Minister may issue guidelines about the writing off or reinstatement of fines and other amounts payable by persons under this Act.

A guideline issued under subsection (1) must not be made available to members of the public.

The Minister may make guidelines, not inconsistent with this Act, about work and development orders.

The registrar may issue guidelines for the purposes of section 108B, 108C, 108D(2), 108H(4)(a) or (b) or 108P(1)(b) or (2).

Without limiting subsection (4), a guideline for the purposes of section 108D(2) or 108P(2) may deal with—

whether there is severe or unusual hardship caused by depriving an enforcement debtor of the enforcement debtor’s means of earning a living; and

whether there is severe or unusual hardship caused other than by depriving an enforcement debtor of the enforcement debtor’s means of earning a living.

The registrar—

may have regard to a guideline issued by the registrar for the purposes of section 108B, 108D(2) or 108P(2); and

must have regard to a guideline issued by the registrar for the purposes of section 108C or 108P(1)(b).

An enforcement officer must have regard to a guideline issued by the registrar for the purposes of section 108H(4)(a) or (b).

A guideline under subsection (3) or (4) must be publicly available including available on SPER’s website.