Monetary Penalties Enforcement Act 2005

Monetary Penalties Enforcement Act 2005

This Act may be cited as the Monetary Penalties Enforcement Act 2005.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

administrative enforcement means the imposition of an administrative sanction under Part 6;

approved means approved by the Director;

Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999;

civil enforcement means the imposition of a civil sanction under Part 7;

Commissioner means a Commissioner within the meaning of the Victims of Crime Assistance Act 1976;

compensation order means an order made under Division 2 of Part 9 of the Sentencing Act 1997;

conveyance includes an aircraft, vehicle or vessel;

court means a court as defined in section 6;

debt means any amount stated in an enforcement order that remains unpaid, including any prescribed amount imposed by or under this Act, and any other costs made recoverable under this Act;

Director means the Director, Monetary Penalties Enforcement Service appointed under section 8;

Director, Community Corrections means the person appointed under the State Service Act 2000 to manage probation officers working on community corrections programs under section 88 of the Corrections Act 1997;

discharge, in respect of a monetary penalty or a debt, means – to pay in full; or to complete a period of community service in accordance with an MPCSO; or to complete a period of imprisonment imposed in respect of the non-payment of the debt; or to have the Director deem the debt to be uncollectable in accordance with section 109; or any combination of paragraphs (a) to (d) which fully satisfies the debt;

driver licence has the same meaning as in the Vehicle and Traffic Act 1999;

earnings, in relation to an enforcement debtor, means any amount payable to the enforcement debtor by way of wages or salary and any other emolument payable in addition to wages or salary;

enforcement costs means any costs incurred in enforcing payment of a monetary penalty under this Act;

enforcement debtor means a person to whom an enforcement order has been issued under Part 5;

enforcement officer means a person engaged under section 10(2)(a) or appointed under section 12(3);

enforcement order means an enforcement order issued under Part 5;

enforcement warrant means an enforcement warrant issued under Part 7;

fee-paying public sector body means a public sector body referred to in section 7(1);

fine means the sum of money payable by an offender under an order – of a court made on the offender being convicted, or found guilty, of an offence and includes – a sum of money payable as costs; and a sum of money payable under a compensation order; and a sum of money payable under a compensation levy under the Victims of Crime Compensation Act 1994; and a sum of money payable under a pecuniary penalty order made under the Crime (Confiscation of Profits) Act 1993 – but does not include a restitution order; or made by a Criminal Injuries Compensation Commissioner under section 7A of the Victims of Crime Assistance Act 1976;

Government Business Enterprise means a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995;

infringement notice means a notice, including a traffic infringement notice, which – is authorised by an Act; and sets out particulars of an alleged offence; and gives an alleged offender the option of paying the penalty set out in the notice or having the matter dealt with in court;

issuing authority means a public sector body which issues an infringement notice;

land has the same meaning as in the Land Titles Act 1980;

licence issuer means a person with the statutory authority to issue a prescribed licence;

monetary penalty means a fine or a penalty set out in an infringement notice and any prescribed amount and other costs recoverable under this Act;

MPCSO means a Monetary Penalty Community Service Order issued under section 33;

non-fee-paying public sector body means a public sector body referred to in section 7(3);

notice of election means a notice of election under section 15(1)(d) or section 17(1)(d);

notification includes notice given in an electronic form approved by the Director;

probation officer means a person appointed as a probation officer or an honorary probation officer under section 5 of the Corrections Act 1997;

property means personal property comprising goods or chattels;

protected earnings amount, for a period for which earnings are paid, means the amount calculated by applying the protected earnings rate to that period;

protected earnings rate has the meaning given by section 4 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;

public sector body means any of the following:an Agency as defined in the State Service Act 2000; a statutory board; a holder of a statutory office; any person, or a person of any class of persons, authorised under an Act to issue or serve an infringement notice; a Government Business Enterprise under the Government Business Enterprises Act 1995; a council; a body whose members, or a majority of whose members, are appointed by the Governor or a Minister; a department, authority or agency of the Commonwealth government; a prescribed body;

Recorder means the Recorder of Titles appointed under section 4(1) of the Land Titles Act 1980;

reciprocating court means a court declared under section 107 to be a reciprocating court for the purposes of this Act;

redirection of money owing order means an order issued under section 84(1);

Register has the same meaning as in the Land Titles Act 1980;

registered land means land which is subject to the Land Titles Act 1980;

registered operator has the same meaning as in the Vehicle and Traffic Act 1999;

registered proprietor means any person appearing by a folio of the Register, or by any registered dealing, to be the proprietor of any estate or interest in registered land;

Registrar means the Registrar of Motor Vehicles appointed under section 5 of the Vehicle and Traffic Act 1999;

restitution order means a restitution order within the meaning of the Sentencing Act 1997;

search warrant means a search warrant under Part 7;

specified land means land specified in a notice under section 68(3);

warrant of commitment means a warrant of commitment under Part 8;

warrant premises means – premises in relation to which a search warrant or an enforcement warrant is in force; and where a warrant is to be executed against property which is a conveyance, the place at which the conveyance is hangared, parked or moored.

This Act does not apply to a person sentenced under the Youth Justice Act 1997 other than to the extent that the Director may accept payment of a monetary penalty, or payment in accordance with an undertaking to pay compensation under section 16(1)(b) or (c) of the Youth Justice Act 1997, in whole or in part, from the person.

Notwithstanding subsection (1) of this section and section 103(3) of the Youth Justice Act 1997, this Act applies to a person sentenced under that Act who upon attaining 18 years of age remains in default of payment of any monetary penalty.

Nothing in subsection (1) derogates from the obligations imposed on the Director under section 19 of the Youth Justice Act 1997 in relation to payments of compensation.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The Crown in any of its capacities is not liable to be prosecuted for an offence under this Act.

Subject to subsection (2), "court" means a court of summary jurisdiction within the meaning of the Justices Act 1959.

A court when constituted by one or more justices may only exercise the jurisdiction prescribed by rules of court made under section 144 of the Justices Act 1959.

If a public sector body issues an infringement notice that imposes a penalty of which any part is payable otherwise than into the Public Account, the Director may charge the body a fee for the collection of the penalty.

A public sector body referred to in subsection (1) is to be known as a fee-paying public sector body.

If a public sector body issues an infringement notice that imposes a penalty which is payable wholly into the Public Account, the Director must not charge the body a fee for the collection of the penalty.

A public sector body referred to in subsection (3) is to be known as a non-fee-paying public sector body.

Subject to and in accordance with the State Service Act 2000, the Premier may appoint a person as Director, Monetary Penalties Enforcement Service.

The Director is the sole authority for collection and enforcement of a fine, except where the fine is imposed for an offence against a law of the Commonwealth.

The Director is the sole authority for collection and enforcement of any monetary penalty imposed by an infringement notice issued by a non-fee-paying public sector body and referred to the Director.

The Director is the sole authority for enforcement of any monetary penalty imposed by an infringement notice issued by a fee-paying public sector body and, if the notice is referred to the Director by that body, the Director also becomes the sole authority for collection of money paid under the notice.

Notwithstanding subsection (1), a fee-paying public sector body may enforce payment of a fine, or part of a fine, through the Civil Division of the Magistrates Court or the Supreme Court, if under section 109 the fine has been deemed by the Director to be uncollectable in full or in part and the uncollectable amount has been removed from any record of monies owing to the Director.

The Director – is to perform such functions and may exercise such powers as are imposed or conferred on him or her by or under this or any other Act; and is to perform such functions and may exercise such powers as are imposed or conferred on him or her as a fine enforcement officer under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth; and is to perform any other functions the Minister directs.

Without limiting subsection (1), the Director has the following powers:to engage under contract as an enforcement officer a person who has been appointed as an assistant bailiff under the Magistrates Court (Civil Division) Act 1992; to deem an unpaid monetary penalty to be uncollectable in full or in part in accordance with section 109; to waive or reduce a fee or charge payable under this Act.

The Director may do anything necessary or convenient to perform any of his or her functions under this Act.

The Director has an official seal.

The signature and seal of the Director may be in electronic form and may be applied electronically.

A court or tribunal acting judicially is to take judicial notice of the Director's signature and seal.

The Director may delegate any of his or her functions or powers under this Act other than this power of delegation.