State Penalties Enforcement Regulation 2014

This regulation may be cited as the State Penalties Enforcement Regulation 2014.

This regulation, other than part 8, commences on 1 September 2014.

Part 8 commences on 1 October 2014.

The dictionary in schedule 2 defines words used in this regulation.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded down to the nearest multiple of 5 cents.

Example—

Section 22 provides for a fee of 123.65 fee units. If the value of a fee unit for this regulation were $1.025, the number of dollars obtained by multiplying $1.025 by 123.65 would be $126.74125. After rounding down, the amount of the fee would be $126.70.

Schedule 1 prescribes infringement notice offences and infringement notice fines for the legislation (the nominated laws) mentioned in it.

For a nominated law mentioned in schedule 1—

an offence against a provision of the nominated law mentioned in schedule 1, column 1 as limited by any description in the column, is an offence to which the Act applies; and

a number of penalty units mentioned in schedule 1, column 2 opposite the offence is the fine payable for the offence under an infringement notice.

However, for an offence against a provision of HVNL(Q) or a national regulation under that Law, or a former provision of HVNL(Q), the fine payable for the offence is the lesser of the following amounts—

10% of the maximum penalty for the offence;

20 penalty units.

Also, if an entry in schedule 1 for an infringement notice offence under the Police Powers and Responsibilities Act 2000 refers to the infringement notice fine for a stated provision of HVNL(Q) (the HVNL(Q) provision), the fine payable for the offence is the same as the infringement notice fine applying under this regulation for the HVNL(Q) provision.

The administering authority for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1, or an infringement notice about the offence, is—

the entity specified in schedule 1 as the administering authority for an infringement notice offence against a provision of the nominated law, or an infringement notice about the offence; or

if no entity is specified in schedule 1—the department or agency in which the provision is administered.

The person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1 is the person specified for the law in schedule 1 as the authorised person for service of infringement notices.

In this part—

by-law means a by-law that is adopted by a trustee under the Land Act 1994, section 56(7), and is in force.

trustee means either of the following entities appointed under the Land Act 1994, section 44, as a trustee of trust land—

the State;

a statutory body that is established under an Act and represents the State.

An offence against a provision of a local law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 50 penalty units is an offence to which the Act applies (a local law infringement notice offence).

The fine payable for a local law infringement notice offence under an infringement notice is—

if the offence is otherwise punishable by a maximum penalty of—

not more than 0.5 penalty units—the maximum penalty; or

more than 0.5, but not more than 5, penalty units—0.5 penalty units; or

more than 5, but not more than 10, penalty units—1 penalty unit; or

more than 10, but not more than 20, penalty units—2 penalty units; or

more than 20, but not more than 30, penalty units—3 penalty units; or

more than 30, but not more than 40, penalty units—4 penalty units; or

more than 40, but not more than 50, penalty units—5 penalty units; or

if a local law provides for an amount for the fine payable for the offence that is less than the amount prescribed for the offence under paragraph (a)—the lesser amount.

An offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence).

The fine payable for a by-law infringement notice offence under an infringement notice is—

if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or

if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or

if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.

This section applies to a maximum penalty that is expressed as a monetary value as if the maximum penalty had been expressed as a number of penalty units (whether whole or fractional) that corresponds to the value.

The administering authority for an infringement notice offence that is an offence against a provision of a local law, or an infringement notice about the offence, is the local government that made the local law.

The administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.

An authorised person for a local government is a person authorised to serve an infringement notice for—

an infringement notice offence that is an offence against a provision of a local law made by the local government; or

an infringement notice offence for the local government under the Transport Operations (Road Use Management) Act 1995, section 108.

An employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.

In subsection (1)—

authorised person means an authorised person under the City of Brisbane Act 2010, section 199 or the Local Government Act 2009, section 202.

This part states identifying particulars for infringement notices for infringement notice offences.