Enforcement of expiation notices in other jurisdictions
28 Enforcement of expiation notices in other jurisdictions
The
Minister may enter into an agreement (a multi-jurisdictional agreement) with 1 or more other Australian jurisdictions to establish and implement processes and procedures for—
the enforcement in other jurisdictions of expiation notices given in this State; and
the enforcement in this State of expiation notices given in other jurisdictions.
A multi-jurisdictional agreement may, for example—
provide for collection of amounts payable under expiation notices by a participating jurisdiction on behalf of another participating jurisdiction and for distribution of money so collected; or
authorise the performance or exercise of any functions or powers under this
Act or the Expiation of Offences Act 1996 by a specified authority of a participating jurisdiction; or
authorise the performance or exercise of any functions or powers under a specified law of another jurisdiction by the Chief Recovery Officer (subject to any law of that jurisdiction and any limitations specified in the agreement); or
make provision for other measures or matters that the parties consider necessary or expedient for facilitating the enforcement of expiation notices or their equivalent in this State and other jurisdictions and for implementing processes established by the agreement for that purpose.
A multi-jurisdictional agreement will operate for such period, and be able to be varied or terminated in such a manner, as the participating jurisdictions agree.
The
Chief Recovery Officer must take such action as is necessary or expedient for giving effect to a multi-jurisdictional agreement.
Any power that the Chief Recovery Officer may exercise under this Act in relation to an expiation notice of this jurisdiction may be exercised by the Chief Recovery Officer in relation to an expiation notice of another jurisdiction if the exercise of the power is authorised under a multi-jurisdictional agreement.
If an authority of a participating jurisdiction is authorised under a multi-jurisdictional agreement to exercise or perform functions or powers under this Act or the Expiation of Offences Act 1996, the authority will be taken to be the Chief Recovery Officer, and to have the functions and powers of the Chief Recovery Officer, when acting under the agreement.
In this section—
expiation notice includes an equivalent notice (however described) of a prescribed kind issued under the law of another Australian jurisdiction.
This Act’s bill:Second reading speech
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