Section 39 — State Penalties Enforcement Act 1999 (Queensland) — Barrister AI

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Section 39 — State Penalties Enforcement Act 1999 (Queensland) — Barrister AI

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s 1Short title s 2Commencement s 3Definitions s 4Objects s 5Act has limited application to children s 6Act binds State, Commonwealth and other States s 7The State Penalties Enforcement Registry s 8Functions of SPER s 9The SPER charter s 9ARegistrar s 10Staff and contractors s 10AService contractors s 10BService subcontractors s 10CDelegation of prescribed functions s 11Management of office s 12Protection from liability s 13Service of infringement notices—generally s 14Service of infringement notices for infringement notice offences involving vehicles s 15Infringement notices s 16Effect of this part on prosecution s 17Liability for infringement notice offences involving vehicles s 18Effect of illegal user declaration s 19Effect of known user declaration s 20Effect of sold vehicle declaration s 21Effect of unknown user declaration s 22Ways alleged offender may deal with infringement notice s 23Application to pay fine by instalments s 24Registration of instalment payments for infringement notices s 25Alleged offender who pays can not be prosecuted s 26When alleged offender can not elect to have offence decided by court s 27When infringement notice offence is to be decided by court s 28Administering authority may withdraw infringement notice s 29Cancellation of registration on withdrawal of infringement notice s 30Application to cancel infringement notice for mistake of fact s 31Effect of cancellation of infringement notice s 32Proceedings after cancellation of infringement notice s 32FDefinitions for part s 32GWork and development orders s 32HEligibility for work and development order s 32INo work and development order for amount payable to specified person or entity s 32JApplication for work and development order s 32KEligibility assessment by approved sponsor s 32LDecision on application s 32MUnpaid work must be performed cumulatively s 32NEffect of this part on enforcement action s 32OVariation of work and development order s 32PWithdrawal of work and development order s 32QRevocation of work and development order s 32RSatisfaction of SPER debt s 32SExternal review of decisions under this part s 33Default by person served with infringement notice s 34Default in paying fine, penalty or other amount under court order s 35Effect of registration under this division s 36Default in paying instalment s 37Effect of cancellation of instalment payment notice s 38Issue of enforcement order s 39 s 40Service of enforcement order s 41Ways enforcement debtor may deal with enforcement order s 42Application to pay by instalments s 43 s 44 s 45 s 46 s 47 s 48 s 49 s 50 s 51Election for court hearing s 52Default after time to pay s 52AWorking out period of imprisonment for arrest and imprisonment warrant s 53 s 54Effect of appeal on enforcement order s 54AEffect of appeal on enforcement order for offender levy s 55Application of div 6 s 56Applications for cancellation of enforcement orders s 57Decision on application s 58Appeal against refusal to cancel enforcement order s 59 s 60Provisions relating to cancellation of enforcement order s 61Application of pt 5 s 62Part does not prevent issue of arrest and imprisonment warrant s 63Issue of enforcement warrant s 63ARenewal of enforcement warrant s 64Registrar may cancel, suspend or vary enforcement warrant for seizure of property s 65Enforcement warrant imposing a charge on property s 66Effect of warrant imposing charge on property s 67Order to set aside or restrain sale, etc. of charged property s 68Offence of dealing with charged or restrained property s 68AOffence of concealing, selling, transferring or otherwise dealing with property subject to seizure s 69Enforcement of enforcement warrant may be made conditional s 69AParticular matters about enforcement of enforcement warrant s 70Power of entry to enforce enforcement warrant s 71Search warrant s 72Powers under search warrant s 73Powers supporting seizure s 73ANotice to enforcement debtor etc. if seizure s 73BEnforcement officer may authorise tow s 73COrder of selling property s 73DPayment by enforcement debtor before sale s 73EStorage before sale s 73FNature of sale s 73GSale at best price obtainable s 73HAdvertising s 73IPostponement of sale s 73JAccountability for, and distribution of, money received s 73KReserve price provisions s 74Return of enforcement warrant s 75Issue of fine collection notice s 76Issue of fine collection notice after enforcement warrant s 77Registrar may cancel, suspend or vary fine collection notices s 78Copy of notices under this division to be given to enforcement debtor s 79When registrar may issue fine collection notice for redirection of earnings s 80Two or more employers of 1 employee s 81Duty of employer to make deductions s 82Working out amount to be deducted s 83Provisions for working out earnings for s 82 s 84Additional duties of employers s 85Discharge of enforcement debtor’s liability to registrar and employer’s liability to enforcement debtor s 86Payment by trustees of deducted amounts s 87Penalty for late payment to registrar of deducted amounts s 88Penalty for failure to make deductions from earnings s 89When late payment penalty may be waived s 90Application of interest payable on judgment debt s 91Penalty is alternative to prosecution for certain offences against part s 92Employers not to prejudice employees because of action under this part s 93Employers not to disclose information etc.s 94Records to be kept by employers s 95Access to premises etc.s 96Application of amounts paid or credited if 2 or more debts due s 97When debt redirected under fine collection notice s 98Payment to enforcement debtor despite redirection s 99Discharge of the third person s 100Application of div 6 s 101Service of fine collection notice for regular redirection from a financial institution account s 102Financial institution to make payments s 103Offence of intentionally defeating notice for regular redirection from a financial institution account s 103AApplication of division s 103BCopy of fine collection notice to enforcement debtor s 103CFinancial institution to make deduction s 103DFinancial institution to make payment s 104Criteria for suspending driver licence s 105Suspension of driver licence s 106General effect of suspension of driver licence s 107Review of suspension of driver licence s 108Effect of suspension of driver licence on vehicle insurance s 108ACriteria for vehicle immobilisation s 108BTypes of vehicles that may be immobilised s 108CRegistrar to serve notice of intention to issue immobilisation warrant s 108DIssue and service of immobilisation warrant s 108ERegistrar may cancel, suspend or vary immobilisation warrant s 108FEffect of immobilisation warrant s 108GWho may enforce an immobilisation warrant s 108HWhere and when an immobilisation warrant may or may not be enforced s 108IAdditional powers under an immobilisation warrant s 108JEntry to ask occupier for consent to enter s 108KEntry with consent s 108LImmobilisation search warrant s 108MPowers under immobilisation search warrant s 108NImmobilisation notice s 108OImmobilisation period and access to vehicle s 108PWhen immobilising device may be removed before end of immobilisation period s 108QRemoval of immobilising device immediately after immobilisation period ends s 108RDirection by registrar to seize vehicle under enforcement warrant s 108SDirection by registrar to re-enforce current immobilisation warrant s 108TReturn of immobilisation warrant s 108UNotice of damage—immobilisation warrant s 108VCompensation—immobilisation warrant s 108WEffect of immobilisation on vehicle insurance s 108XOffences of concealing, selling, transferring or otherwise dealing with vehicle with particular intent s 108YOffence of interfering with or removing immobilised vehicle s 108ZOffence of tampering with or removing immobilising device or immobilising notice s 109 s 110Registration of interests s 111Order of satisfaction of fines for infringement notice offences s 112Order of satisfaction of other amounts s 113Order of satisfaction if more than 1 enforcement order s 114Power of person serving fine collection notice or enforcing warrant to demand name and address etc.s 115Effect of particular proceedings s 116Offence of obstructing enforcement officer s 117Offence of defacing or removing seizure tags s 117AUse of body-worn cameras by enforcement officers s 118 s 119Enforcement by imprisonment s 120Satisfaction of fine by imprisonment s 121Order of satisfaction of fines if enforcement debtor imprisoned s 122 s 123 s 124 s 125 s 126 s 127 s 128 s 129 s 130 s 131Definitions for pt 8 s 132Declaration of reciprocating court s 133Enforcement of Queensland fine by reciprocating court s 134Enforcement of fine imposed by reciprocating court s 134ADefinitions for part s 134BInformation from police commissioner s 134CRegistrar may require person to give information s 134DRegistrar may require attendance by persons s 134EPower to record giving of information s 134FRegistrar may require translation or conversion of information s 134GFalse or misleading information s 134HUnauthorised disclosure of confidential information s 134INon-disclosure of particular information s 134JLimited use of self-incriminating information s 134KInformation-sharing arrangements s 134LDisclosure of confidential information by registrar s 134LADisclosure of identifying information when remitting amounts collected by SPER s 134MRegistrar may advise police commissioner about particular warrants s 135Default certificate for infringement notice offence s 136Instalment payment notice s 137 s 138 s 139 s 140 s 141 s 142 s 143 s 144 s 145 s 146 s 146A s 146B s 146C s 146D s 147Effect of notices, orders and warrants s 148Electronic transmission of particular documents s 149Enforcement costs s 149AReferences to amounts otherwise being discharged s 150Dishonoured cheques etc.s 150ARegistrar may write off unpaid fine or other amount s 150AARegistrar may waive or return fee s 150ABRedirecting amounts to unpaid SPER debts s 150BGuidelines s 151Registrar may arrange for use of information system s 151A s 152 s 152A s 152B s 152C s 152D s 152E s 152F s 152G s 152H s 152I s 153Register s 154No fees payable for registration under other Acts s 155Non-reviewable decision s 156Responsibility for acts or omissions of representatives s 157Evidentiary provisions s 158Service of document s 159Proceedings for offences s 159ARegistrar may communicate with enforcement debtors by SMS s 159BExplanation of div 2A s 159CAppointment s 159DAppointment conditions and limit on powers s 159EWhen office ends s 159FResignation s 159GIdentity cards s 159HReturn of identity card s 160Delegation by administering authority s 161Delegation by registrar s 162Approval of forms by administering authority s 163Approval of other forms s 164 s 165Regulation-making power s 166Registrar as administering authority etc.s 167Amnesty period s 168Saving of infringement notice s 169Saving of enforcement orders s 170Issue of infringement notices by administering authority s 171Existing warrant of commitment s 172Existing fine option order s 173Infringement notice for Motor Accident Insurance Act 1994 s 174Infringement notice for a corporation s 174AParticular orders made under Industrial Relations Act 2016 s 175Definition for div 3 s 176Transitional provision about management of office s 177Transitional provision for extension of time to pay an amount stated in an enforcement order s 178Transitional provision for cancellation of enforcement order s 179Transitional provision for good behaviour order s 180 s 181 s 182Effect of provision disqualifying person from holding or obtaining driver licence s 183Definitions for division s 183ADepartment (corrective services) is approved sponsor s 184Other approved sponsors s 185Conversion of fine option orders s 186Conversion of applications for fine option orders s 187Continuation of good behaviour orders s 193Continuation of particular certificate evidence s 194 s 195Application of Act to particular 17 year old children s 196Current enforcement officers s 197Infringement notices issued after change of administering authority s 198Default certificates registered on or after 10 June 2022 s 199Application of new s 5 Schedule 2 — Dictionary

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s 39 om 2007 No. 3 s 13

ins 2017 No. 13s 27 (uncommenced amendment)

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