State Penalties Enforcement Act 1999

The Governor in Council may make regulations under this Act.

A regulation may prescribe an entity to be the administering authority for an infringement notice or infringement notice offence.

A regulation may prescribe a person who may serve an infringement notice for an infringement notice offence.

A regulation may prescribe an offence, other than an indictable offence or an offence against the person, to be an offence to which this Act applies.

A regulation may prescribe an amount to be the fine payable for an infringement notice offence under an infringement notice.

A regulation may prescribe an infringement notice fine for a corporation up to 5 times the amount payable by an individual for the offence under an infringement notice.

Also, a regulation may make provision for enforcing enforcement orders, enforcement warrants and fine collection notices including, but not limited to—

the conduct of hearings or interviews for enabling the registrar to obtain information to facilitate the enforcement of fines, penalties and other amounts under enforcement orders, enforcement warrants, immobilisation warrants and fine collection notices; and

requiring enforcement debtors to prepare and give to the registrar statements of the enforcement debtor’s financial position; and

the order of priority for enforcing enforcement warrants.

A regulation may be made about fees.

A regulation may be made about an offender levy including, for example, the prescribed particulars for an offender levy.

A regulation may prescribe a law to be a law that does not apply to—

a service contractor under section 10A(4); or

a service subcontractor under section 10B(7).

A regulation may prescribe a function or power of the registrar, or of SPER, under this Act to be a prescribed function for section 10C.

A regulation may be made about—

the way in which a document may be served under this Act; and

when a document is taken to have been served under this Act.

A regulation may be made about the following for work and development orders—

the activities that are unpaid work, and the restrictions, if any, on those activities being unpaid work, including, for example—

the places where an activity may be undertaken; and

the licences, authorisations or qualifications a person must have to undertake an activity;

the courses, plans or programs that may be undertaken under an order;

the amount by which a SPER debt is taken to be satisfied by undertaking particular activities under an order.

A regulation may be made about the following—

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

the keeping of records relating to work and development orders;

the supporting evidence for eligibility assessments for work and development orders;

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