Monetary Penalties Enforcement Act 2005

If an enforcement debtor has unpaid monetary penalties totalling more than $1 000, the Director may issue an enforcement warrant imposing a charge on any land of which the enforcement debtor is a registered proprietor.

Before issuing an enforcement warrant under subsection (1) in respect of any land, the Director is to serve on the enforcement debtor, and all other registered proprietors of the land, written notice that unless the debt is discharged within the time specified in the notice an enforcement warrant will be issued, without further notice.

Notice under subsection (2) is to – specify a period of time, being at least 10 days, within which the enforcement debtor may discharge the debt and avoid the issue of the enforcement warrant; and inform the enforcement debtor, and any other registered proprietor of the specified land, that an enforcement warrant issued under this Act will be registered under the Land Titles Act 1980 as a charge against that land; and inform the recipients – that it is an offence under section 72 of this Act, punishable by a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, for them to sell, transfer or otherwise deal with, or attempt to sell, transfer or otherwise deal with, the land; and that in addition to prosecution for an offence under this Act the enforcement debtor remains liable for any unpaid monetary penalty.

An enforcement warrant is to be in an approved form.

On issuing an enforcement warrant, the Director is to serve it on the enforcement debtor.

The Director may lodge a priority notice under the Land Titles Act 1980 in respect of land of which the enforcement debtor is a registered proprietor and, for the purposes of section 52(1)(b) of that Act, the Director is taken to be a person entitled to deal with the land.

The Director is to lodge an enforcement warrant issued and served under this section with the Recorder.

The Recorder is to register an enforcement warrant lodged with the Recorder under subsection (7) on the folio of the Register stated in the enforcement warrant.

The Director may exercise the rights and powers of a mortgagee set out in Division 5 of Part VI of the Land Titles Act 1980 in relation to land in respect of which an enforcement warrant is issued and served under this section.

For the purpose of Division 5 of Part VI of the Land Titles Act 1980, an enforcement warrant registered by the Recorder under this section is taken to be a mortgage.