Fines, Penalties and Infringement Notices Enforcement Act 1994
Western Australia
Fines, Penalties and Infringement Notices Enforcement Act 1994
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used2
5.Service of documents4
5A.Service by electronic means5
5B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies6
Part 2 — Fines Enforcement Registry
6.Registry established7
7.Registrar7
7A.Registrar may delegate7
8.Payments to Registry8
9.Registrar exempt from fees8
10.Registrar has access to records of Director General and Electricity Generation and Retail Corporation8
10A.Registrar may disclose information to Commissioner of Police or officer of Department of Corrective Services9
10B.Registrar to keep record of outstanding fines and other amounts payable by young persons9
Part 3 — Infringement notices
Division 1 — Preliminary
11.Terms used11
12.Application13
13.Approved prosecuting authorities and officers13
Division 2 — Enforcement of infringement notices
14.Final demand may be issued to alleged offender13
15.Infringement notice may be registered14
16.Registration of infringement notice: enforcement certificate15
17.Order to pay or elect16
18.Notice of intention to enforce17
19.Licence suspension order19
20.Cancelling licence suspension orders20
21A.Enforcement warrant21
Division 3 — Miscellaneous
21.Election by alleged offender or prosecuting authority22
22.Prosecuting authority may withdraw proceedings24
23.Effect of order to pay or elect26
24.Effect of payment of modified penalty etc.26
25.Continuing offences: effect of proceedings under this Part27
26.Road laws: effect of proceedings under this Part27
27.How recovered amounts to be applied28
27A.Registrar may suspend enforcement in certain cases of hardship29
27B.Amending time to pay order31
27C.Contravening time to pay order31
27D.Registrar’s decision on time to pay is final31
Part 4 — Fines
Division 1 — Preliminary
28.Terms used32
29.Application of Part33
30.Court may request offender’s address33
Division 2 — Payment of fines
Subdivision 1 — Fines for which Registrar may make time to pay orders
31.Application34
32.Offender must pay fine or get time to pay order34
33.Time to pay order36
34.Offender may apply to have time to pay order amended37
35.Registrar may amend time to pay order37
35A.Payments ordered must be within means of offender38
36.Registrar may cancel time to pay order38
37.Registrar’s decision is final38
38A.Transitional provisions for Courts and Tribunals (Electronic Processes Facilitation) Act 201338
Subdivision 2 — Fines for which time to pay orders cannot be made
38.Application39
39.Fine may be registered at request of prosecuting authority39
Division 3 — Enforcement of fines
40.Term used: amount owed39
41.Registration of fine39
42.Notice of intention to enforce40
43.Licence suspension order41
44.Cancelling licence suspension order43
45.Enforcement warrant43
46.Sections 47 to 53 do not apply to body corporate44
47.Order to attend for work and development44
47A.Order to attend for work and development may be issued ahead of other enforcement measures45
47B.Effect of order to attend for work and development46
48A.Order to attend for work and development: cancellation46
48.Work and development order (WDO)47
49.WDO: nature of48
50.WDO: primary requirements48
51.WDO: completion49
52.WDO: cancellation49
53A.WDO: effect of cancellation50
53.Warrant of commitment50
Division 4 — Miscellaneous
54.Warrants of apprehension for people interstate53
55.How recovered amounts to be dealt with54
55A.Registrar may suspend enforcement in certain cases of hardship54
55B.Amending time to pay order56
55C.Contravening time to pay order56
55D.Registrar may use most effective enforcement means57
55E.Registrar’s decision on time to pay etc. is final58
Part 5A — Publication of details of persons on Registrar’s website
Division 1 — Preliminary
56A.Terms used59
56B.Outstanding registered fines60
56C.Relevant details of persons61
Division 2 — Publication of relevant details of persons on Registrar’s website
56D.Publication of relevant details of persons on Registrar’s website62
56E.Removal of relevant details from website63
Part 5 — Amounts forfeited under undertakings
56.Amounts payable by defendants and offenders64
57.Amounts payable by sureties65
58.Amounts payable by witnesses and sureties for witnesses65
59A.Automatic registration of amounts payable66
Part 6 — Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings
59.Terms used67
60.Prescription of reciprocating States and courts67
61.Enforcement of interstate fine against body corporate68
62.Effect of enforcement by reciprocating court69
Part 7 — Enforcement warrants
Division 1 — Preliminary
63.Terms used70
65.Warrant has indefinite life71
Division 2 — General functions of the Sheriff
66.Sheriff may delegate72
67.Police assistance may be requested72
68.Sheriff to note time of receipt of warrant73
68A.Execution may be stayed73
68B.Notice of right to apply under s. 101AA to be given for warrants issued under Part 374
69.Examination in aid of seizure or exercise of additional powers relating to vehicles75
70.Determining debtor’s interest in property76
70A.Personal property to be sold in preference to real property77
70B.Only sufficient property to be sold78
70C.Seized property, Sheriff to determine fair value of78
70D.Interests of others79
70E.Sale to be advertised79
Division 3 — Seizure and sale of personal property
71.Enforcement warrant, effect of80
74.Seizing personal property, powers enabling81
75.Property that cannot be seized and sold83
76.Seizure of documents83
77.Seizure of cheques etc.83
78.Debts due to debtor to be paid to Sheriff84
80.Notice of seizure84
81.Custody of seized property85
85.Manner and place of sale86
86.Sale price86
87.Sale passes good title: protection of Sheriff87
Division 4 — Seizure and sale of land
88.Warrant, effect of87
89.Seizure: how effected89
90.Cancelling memorials90
91.Power of entry90
91A.Debtor may be permitted to sell or mortgage real property91
91B.Place and manner of sale93
92.Sale and transfer of land seized93
Division 5 — Interpleader
93.Making claim to property seized94
94.Sheriff may admit or dispute claim94
Division 6A — Additional powers relating to vehicles
Subdivision 1 — General provisions
95A.Application95
95B.Warning notices95
Subdivision 2 — Immobilisation of vehicles
95C.Immobilisation of vehicles96
95D.Removal of immobilisation of vehicle97
95E.Offences relating to immobilisation of vehicles97
Subdivision 3 — Removal of number plates
95F.Removal of number plates98
95G.Vehicle licence suspension order made when number plates are removed99
95H.Return of number plates100
95I.Offence of interfering with or removing notice101
Subdivision 4 — Vehicle licence cancellation orders
95J.Vehicle licence cancellation order101
Subdivision 5 — Powers for this Division
95K.Powers enabling immobilisation of vehicles and removal of number plates etc.103
Division 6 — Miscellaneous
95.Priority of warrant over writs etc.104
96.How amounts recovered to be applied105
97.Warrant may be satisfied at any time106
98A.Seized property to be released if warrant ceases to be in force106
98.Sheriff exempt from some licensing requirements106
99.Sheriff exempt from fees107
Part 8 — Miscellaneous
101.Justices may set aside licence suspension order made under Part 3108
101AA.Magistrates Court may set aside enforcement warrant issued under Part 3109
101A.Justices may set aside licence suspension order made under Part 4110
101B.Enforcement suspended on appeal etc.111
101C.Proving licence suspension orders and service of documents114
101D.Validity of certain orders not affected by non-receipt of documents116
102.Effect of payment by dishonoured cheque116
103.Exclusion of rules of natural justice117
104.Warrants of commitment117
105.Facsimile warrants117
106.Validity of acts not affected by want of form117
107.Protection from liability for wrongdoing118
108A.Credit for punishment served in error118
108B.Amounts to be credited to agency special purpose account119
108.Regulations120
109.Imposition of tax122
109A.Review of certain amendments made by Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020123
109B.Review of Part 4 Division 3C Subdivision 2124
Part 9 — Transitional and validation provisions
Division 1 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012
110.Transitional provisions as to warrants of execution126
111.Transitional provisions as to notices of intention to suspend licences issued under s. 18126
112.Transitional provisions as to notices of intention to suspend licences issued under s. 42127
113.Transitional provisions as to infringement notices127
114.Validation128
Division 2 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020
115.Terms used128
116.Offender not yet arrested under warrant of commitment issued before first commencement day129
117.Offender in custody under warrant of commitment issued before first commencement day129
118.Issue and cancellation of warrants of commitment in transitional period130
119.Notices issued under s. 78(1) before first commencement day131
Notes
Compilation table133
Uncommenced provisions table136
Other notes136
Defined terms
Western Australia
Fines, Penalties and Infringement Notices Enforcement Act 1994
An Act to provide for the enforcement of the payment of fines and other penalties and for the enforcement of infringement notices and for related purposes.
This Act may be cited as the Fines, Penalties and Infringement Notices Enforcement Act 1994.
(1)Subject to this section this Act comes into operation on such day as is fixed by proclamation.
(2)Section 29(2) has no effect unless the Young Offenders Act 1994 is enacted, and, if that Act receives the Royal Assent after the day on which this Act comes into operation, section 29(2) comes into operation on the day on which that Act receives the Royal Assent.
(1)In this Act —
CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration;
child means a person who is under 18 years of age;
Department of Corrective Services means the department of the Public Service principally assisting the Minister in the administration of the Court Security and Custodial Services Act 1999;
Director General means the CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
dishonoured payment means a purported payment —
(a)by means of a cheque where the cheque is subsequently dishonoured or cancelled; or
(b)by means of a credit card where the payment is not authorised by the issuer of the card; or
(c)pursuant to an arrangement to directly debit an account with a person where the payment is not authorised by the person;
driver’s licence means a driver’s licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1) and includes an extraordinary licence as defined in that section;
Electricity Generation and Retail Corporation has the meaning given in the Electricity Corporations Act 2005 section 3(1);
give information or a document or notice, has a meaning affected by section 5A;
number plate —
(a)before the Road Traffic (Vehicles) Act 2012 section 3 comes into operation — has the meaning given in the Road Traffic Act 1974 section 5(1); or
(b)after the Road Traffic (Vehicles) Act 2012 section 3 comes into operation — has the meaning given in that section;
paid means paid in full;
Registrar means the Registrar appointed under section 7(1);
Registry means the Fines Enforcement Registry established under section 6;
road law has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
serve a document, has a meaning affected by sections 5 and 5A;
Sheriff means the Sheriff of Western Australia;
vehicle licence means a licence granted in respect of a vehicle under the Road Traffic (Vehicles) Act 2012.
(2)For the purposes of this Act, a vehicle is licensed in the name of a person if the person holds the vehicle licence in respect of the vehicle, whether or not the vehicle licence is suspended.
[Section 3 amended: No. 76 of 1996 s. 29; No. 7 of 2002 s. 61; No. 65 of 2006 s. 62; No. 3 of 2008 s. 4(1) and 5(2); No. 47 of 2011 s. 27; No. 8 of 2012 s. 107; No. 48 of 2012 s. 4; No. 25 of 2013 s. 43(2) and (3).]
[4.Deleted: No. 84 of 2004 s. 46.]
(1)If under this Act a document must be served on a person, then unless the contrary intention appears, service may be effected in accordance with section 76 of the Interpretation Act 1984 (other than paragraph (b)) or by post in accordance with this section or in accordance with section 5A.
(2)A document issued under this Act may be served by post on a person by properly addressing and posting it by pre‑paid post as a letter to the person at the person’s last known address.
(3)For the purposes of the service of documents under Part 4 or 7 on a person or the publication of relevant details of a person under Part 5A, if a fine has been imposed on the person, the person’s last known address may be taken to be —
(a)the address that under section 30 was supplied to the court that imposed the fine; or
(b)the address on any summons or other document issued to the offender in connection with the charge giving rise to the fine,
unless the person has advised the Registry that he or she has another address.
(4)For the purposes of the service of any document under this Act, a person’s last known address may be taken to be the person’s current address shown in the records of —
(a)the Director General; or
(b)the Electricity Generation and Retail Corporation.
(5)A document sent by post to a person under subsection (2) is to be taken as having been served on the person.
(6)Section 75 of the Interpretation Act 1984 does not apply to a document issued under this Act.
[Section 5 amended: No. 76 of 1996 s. 30; No. 3 of 2008 s. 5(3); No. 48 of 2012 s. 5; No. 25 of 2013 s. 43(4).]
5A.Service by electronic means
(1)If under this Act information or a document or notice must or may be given to or served on a person, it may, with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.
(2)Subsection (1) does not apply to giving or serving —
(a)any document that under this Act must be served personally, other than any of the following —
(i)an order to attend for work and development under section 47 or 47A;
(ii)a work and development order;
[(b), (c)deleted]
(d)a document under section 21(4)(b);
[(e)deleted]
(f)any information or a document or notice under Part 7;
(g)subject to section 105, an enforcement warrant or a warrant of commitment issued under this Act.
(3)Subsection (1) does not limit the operation of section 76 of the Interpretation Act 1984.
[Section 5A inserted: No. 3 of 2008 s. 5(1); amended: No. 48 of 2012 s. 43; No. 20 of 2013 s. 75.]
5B.Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
(1)The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
(2)Subsection (1) is subject to section 5A(2).
[Section 5B inserted: No. 20 of 2013 s. 76.]
Part 2 — Fines Enforcement Registry
As part of the Magistrates Court, a registry called the Fines Enforcement Registry is established.
[Section 6 amended: No. 59 of 2004 s. 107.]
(1)Under Part 3 of the Public Sector Management Act 1994, a person is to be appointed as the Registrar of the Registry.
(2)The Registrar is an officer of the Magistrates Court and the functions of the Registrar are to be taken to be functions of that Court.
(3)Any notice, order or warrant issued by the Registrar is to be taken to be a notice, order or warrant issued by the Magistrates Court.
[Section 7 amended: No. 14 of 2003 s. 4; No. 59 of 2004 s. 107.]
(1)The Registrar may delegate to a person any power or duty of the Registrar under another provision of this Act other than —
(aa)the power under section 21A to issue an enforcement warrant; and
(a)the power under section 45 to issue an enforcement warrant; and
(b)the power under section 53(1) to issue a warrant of commitment.
(2)The delegation must be in writing signed by the Registrar.
(3)A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(4)Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent.
[Section 7A inserted: No. 14 of 2003 s. 5; amended: No. 48 of 2012 s. 6 and 43.]
(1)Payment under this Act of any amount to the Registry is to be made in such manner and at such places as the Registrar determines from time to time.
(2)Documents issued under this Act by the Registrar are to contain information about the manner in which and the places at which payments to the Registry may be made.
The Registrar is exempt from paying fees under the Electoral Act 1907 and a road law in connection with any matter arising out of or in connection with the performance of his or her functions under this Act.
[Section 9 amended: No. 8 of 2012 s. 109.]
10.Registrar has access to records of Director General and Electricity Generation and Retail Corporation
To the extent that it is necessary or convenient for the performance of the Registrar’s functions under this Act, the Registrar is entitled to have access to and to make use of —
(a)the records kept by the Director General under a road law or, after the Road Traffic (Administration) Act 2008 section 4 comes into operation, a road law in relation to drivers’ licences and vehicle licences; and
(b)the records that the Electricity Generation and Retail Corporation has of the names and addresses of its customers.
[Section 10 amended: No. 76 of 1996 s. 30; No. 47 of 2011 s. 27; No. 8 of 2012 s. 109; No. 48 of 2012 s. 7; No. 25 of 2013 s. 43(5).]
10A.Registrar may disclose information to Commissioner of Police or officer of Department of Corrective Services
The Registrar, on any terms the Registrar thinks fit, may disclose to the Commissioner of Police, or to an officer of the Department of Corrective Services, any information the Registrar thinks fit about any proceedings under this Act.
[Section 10A inserted: No. 3 of 2008 s. 6; amended: No. 48 of 2012 s. 8.]
10B.Registrar to keep record of outstanding fines and other amounts payable by young persons
(1)In this section —
relevant amount means —
(a)a fine to which the Young Offenders Act 1994 section 65(1)(a) applies; or
(b)a bail undertaking to which the Young Offenders Act 1994 section 65(1)(b) applies; or
(c)a recognisance to which the Young Offenders Act 1994 section 65(1)(c) applies;
young person has the meaning given in the Young Offenders Act 1994 section 3.
(2)The Registrar must maintain a record of all relevant amounts to which this section applies, including details of —
(a)the young person by whom the relevant amount is payable; and
(b)the time specified by the court within which the relevant amount is to be paid; and
(c)any order of the court that the relevant amount is to be paid in instalments; and
(d)the payment of the relevant amount or of any instalment of the relevant amount; and
(e)when the young person by whom the relevant amount is payable has defaulted in the payment of the relevant amount or of any instalment of the relevant amount.
(3)As soon as practicable after the record maintained by the Registrar under subsection (2) indicates that, in relation to a relevant amount, a young person has defaulted in the payment of the relevant amount or of any instalment of the relevant amount, the Registrar must notify the default to —
(a)in the case of a fine, the court that imposed the fine; or
(b)in the case of a bail undertaking or a recognisance, the court that ordered the bail undertaking or recognisance to be forfeited.
[Section 10B inserted: No. 20 of 2013 s. 77.]
In this Part —
aggregate unpaid infringement amount, in relation to an alleged offender, means the aggregate of the unpaid infringement amounts for each outstanding order to pay or elect in relation to the alleged offender;
alleged offence means the offence that an infringement notice alleges has been committed;
alleged offender means the person to whom an infringement notice is issued;
election means an election in writing to have a charge for an alleged offence heard and determined by a court;
enforcement fees means prescribed fees imposed in connection with proceedings under this Part and includes the registration fee referred to in section 16;
infringement notice means a notice issued under a written law, other than this Act, to a person alleging the commission of an offence and offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have the matter dealt with out of court;
modified penalty means the amount of money prescribed in a written law and specified in an infringement notice as the amount that the offender is to pay if he or she wants the matter dealt with out of court;
outstanding order to pay or elect, in relation to an alleged offender, means an order to pay or elect issued to the alleged offender under section 17, where —
(a)the modified penalty, and enforcement fees, specified in that order have not been paid in full, or recovered in full under an enforcement warrant; and
(b)an election has not been made under section 21 in relation to the infringement notice to which the order relates; and
(c)no time to pay order is in force under section 27A in respect of the alleged offender and the modified penalty, and enforcement fees, specified in that order; and
(d)if an enforcement warrant issued under section 21A is in force in respect of the alleged offender and the modified penalty, and enforcement fees, specified in the order — no arrangement under section 68A is in force in relation to the warrant; and
(e)the prosecuting authority has not, under section 22, withdrawn proceedings in respect of the infringement notice to which the order relates;
prescribed enactment means a principal enactment that under section 12(1) is prescribed as an enactment to which this Part applies;
principal enactment, in relation to an infringement notice, means the written law under which an infringement notice is issued;
prosecuting authority, in relation to an infringement notice, means the person who or which, under the principal enactment, administers the issuing of, and any subsequent proceedings in relation to, the notice;
prosecuting officer means a person designated as such in a notice given to the Registrar under section 13(2);
registered means registered with the Registry for enforcement under section 16;
unpaid infringement amount, in relation to an order to pay or elect issued under section 17, means that amount of the modified penalty, and enforcement fees, specified in the order that has not been paid, or recovered under an enforcement warrant.
[Section 11 amended: No. 84 of 2004 s. 80; No. 48 of 2012 s. 9.]
(1)This Part does not apply to an infringement notice unless the principal enactment is prescribed as an enactment to which this Part applies.
(2)This Part does not apply to an infringement notice unless the prosecuting authority in relation to the notice has been approved under section 13(1).
(3)This Part does not apply to an infringement notice issued to an alleged offender who, at the time of the alleged offence, was under 17 years old.
13.Approved prosecuting authorities and officers
(1)For the purposes of this Part, the Registrar may approve a prosecuting authority as a prosecuting authority to which this Part applies.
(2)The Registrar is not to approve a prosecuting authority unless the authority gives the Registrar written notice of those officers of the authority that are designated as prosecuting officers for the purposes of and in accordance with sections 16 and 22.
(3)A prosecuting authority at any time may amend the written notice of designated prosecuting officers.
Division 2 — Enforcement of infringement notices
14.Final demand may be issued to alleged offender
(1)If under a prescribed enactment —
(a)an infringement notice has been issued; and
(b)the infringement notice has not been withdrawn under that enactment; and
(c)the modified penalty has not been paid as required by the infringement notice; and
(d)the time for paying the modified penalty has elapsed,
the prosecuting authority may issue a final demand.
(2)A final demand must be served on the alleged offender.
(3)A final demand must identify the infringement notice concerned and the alleged offence.
(4)A final demand must contain a statement to the effect that unless within 28 days after the date of issue of the final demand —
(a)the modified penalty, and enforcement fees, specified in the final demand are paid to the person to whom or which, under the principal enactment, the modified penalty is to be paid; or
(b)an election is made by the alleged offender and given to the person to whom or which, under the principal enactment, the modified penalty is to be paid,
the infringement notice may be registered with the Registry after which a licence suspension order may be made and further enforcement fees may be imposed.
(5)A final demand must contain such information as may be prescribed.
15.Infringement notice may be registered
If —
(a)28 days have elapsed since the date of issue of a final demand to an alleged offender; and
(b)the modified penalty, and enforcement fees, specified in the final demand have not been paid in accordance with the final demand; and
(c)an election has not been made by the alleged offender in accordance with the final demand,
the prosecuting authority may register the infringement notice.
16.Registration of infringement notice: enforcement certificate
(1)To register an infringement notice with the Registry for enforcement, a prosecuting authority must give the Registry —
(a)an enforcement certificate signed by a prosecuting officer of the authority; and
(b)such information as the Registrar requires in such manner as the Registrar specifies,
and must pay the prescribed registration fee, if applicable.
(2)An enforcement certificate must identify the alleged offender to whom, and the alleged offence to which, it relates and must state that —
(a)on a date specified in the certificate an infringement notice was, in accordance with the principal enactment, issued to the alleged offender in respect of the alleged offence; and
(b)on a date specified in the certificate a final demand was, in accordance with section 14, served on the alleged offender; and
(c)the final demand was served after the time for payment of the modified penalty in accordance with the infringement notice had elapsed; and
(d)as at the date of the lodging of the certificate —
(i)28 days have elapsed since the date of issue of the final demand; and
(ii)the modified penalty, and enforcement fees, specified in the final demand have not been paid in accordance with the final demand; and
(iii)an election has not been made by the alleged offender in accordance with the final demand; and
(iv)proceedings, other than under this Part, have not been commenced in respect of the alleged offence; and
(v)proceedings under this Part in respect of the alleged offence have not been withdrawn under section 22.
(3)An enforcement certificate may relate to more than one infringement notice and, if it does, the prescribed registration fee, if applicable, must be paid in respect of each infringement notice registered.
(4)For the purposes of this section a prosecuting officer must be a person who, under the principal enactment, is empowered to commence a prosecution for the alleged offence.
(5)If the law limits the time within which proceedings for an alleged offence may be commenced, an enforcement certificate in relation to an infringement notice issued for that alleged offence must not be lodged after that time limit has expired.
(6)After an infringement notice is registered with the Registry, payment of the whole or any part of the modified penalty and enforcement fees must not be accepted other than by or on behalf of the Registrar.
(7)The Registrar is to cause an enforcement certificate to be registered in a register kept at the Registry, in such form as the Registrar considers appropriate, for the purposes of this Part.
[Section 16 amended: No. 84 of 2004 s. 80.]
(1)If under section 16 a matter is registered with the Registry, the Registrar must issue an order to pay or elect to the alleged offender.
(2A)An order to pay or elect must not relate to more than one registered infringement notice.
(2)An order to pay or elect must be served on the alleged offender.
(3)An order to pay or elect is an order that within 28 days after the date of issue of the order either —
(a)the modified penalty, and enforcement fees, specified in the order must be paid to the Registry; or
(b)an election under section 21 must be made by the alleged offender.
(4)An order to pay or elect must advise the alleged offender that if the order is not complied with, the Registrar may make a licence suspension order or may, in some circumstances, issue an enforcement warrant.
(5)The Registrar must notify the prosecuting authority of the making of an order to pay or elect and the date on which it was issued.
[Section 17 amended: No. 48 of 2012 s. 10.]
18.Notice of intention to enforce
(1)If —
(a)28 days have elapsed since the date of issue of an order to pay or elect; and
(b)the modified penalty, and enforcement fees, specified in that order have not been paid to the Registry; and
(c)an election under section 21 has not been made by the alleged offender,
the Registrar may issue a notice of intention to enforce.
(2)A notice of intention to enforce must be served on the alleged offender.
(3)A notice of intention to enforce must contain a statement to the effect that unless before a date specified in the notice (the due date) either —
(a)the modified penalty, and enforcement fees, specified in the order are paid to the Registry; or
(b)an election under section 21 is made by the alleged offender,
the Registrar —
(c)may make a licence suspension order in respect of the alleged offender; and
(d)in some circumstances, may issue an enforcement warrant in respect of the alleged offender.
(4)The due date must not be earlier than 28 days after the date of issue of the notice of intention to enforce.
(5)A notice of intention to enforce must also —
(a)state the date and time when the licence suspension order will have effect if it is made; and
(b)explain that if a licence suspension order is made it will not be cancelled until the modified penalty and enforcement fees are paid; and
(c)explain the terms of the licence suspension order that may be made; and
(da)state that, if the Registrar issues an enforcement warrant —
(i)the alleged offender will cease to be entitled to make an election under section 21 in relation to the infringement notice to which the warrant relates; and
(ii)the alleged offender will be required to pay the modified penalty, and enforcement fees, specified in the warrant;
and
(db)state the effect that an enforcement warrant will have if it is issued; and
(d)contain such other information as is prescribed.
[Section 18 amended: No. 48 of 2012 s. 11.]
(1)If —
(a)28 days have elapsed since the date of issue of a notice of intention to enforce; and
(b)the modified penalty, and enforcement fees, specified in that notice have not been paid to the Registry; and
(c)the alleged offender has not made an election under section 21,
then, whether or not an enforcement warrant issued under section 21A is in force, the Registrar may make a licence suspension order in respect of the alleged offender.
(2)A licence suspension order is an order as to such of the matters in subsections (3) and (4) as the Registrar thinks fit.
(3)If the alleged offender is an individual a licence suspension order may disqualify the alleged offender from one of the following:
(a)from holding or obtaining a driver’s licence; or
(b)from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or
(c)from holding or obtaining a vehicle licence in respect of any vehicle.
(4)If the alleged offender is a body corporate a licence suspension order may disqualify the alleged offender from one of the following:
(a)from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or
(b)from holding or obtaining a vehicle licence in respect of any vehicle.
(5)A licence suspension order has effect on the date and at the time specified in the order, but the date and time must not be earlier than the date and time stated in the notice of intention to enforce and must not be earlier than when the order is made.
(6)If the Registrar makes a licence suspension order, he or she must —
(a)issue a notice confirming licence suspension; and
(b)advise the Director General of the terms of the order forthwith.
(7)A notice confirming licence suspension must be served on the alleged offender.
(8)A notice confirming licence suspension must advise the alleged offender that a licence suspension order has been made and of the date and time when it has effect and must explain the terms of the order.
(9)For the purposes of this Act and a road law, a licence suspension order —
(a)takes effect on the date and at the time specified in the order; and
(b)is in force from the time it takes effect to the time when it is cancelled; and
(c)is concurrent with any other period for which the alleged offender is disqualified from holding or obtaining a driver’s licence.
[Section 19 amended: No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 12.]
20.Cancelling licence suspension orders
(1)If after a licence suspension order is made —
(a)the relevant modified penalty and the associated enforcement fees are paid to the Registry or recovered under an enforcement warrant; or
(b)the alleged offender makes an election under section 21,
the licence suspension order is to be taken as having been cancelled at the time of the making of the payment or of the election, as the case may be.
(2)Even if neither payment nor an election is made, the Registrar, at any time, may cancel a licence suspension order for good reason.
(3)If a licence suspension order is cancelled under subsection (2), the Registrar must issue a notice of cancellation.
(4)A notice of cancellation must be served on the alleged offender.
(5)If a licence suspension order is cancelled under subsection (1) or (2), the Registrar must advise the Director General forthwith.
(6)For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled.
[Section 20 amended: No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 13.]
(1)If —
(a)28 days have elapsed since the day on which a notice of intention to enforce was issued; and
(b)the modified penalty, and enforcement fees, specified in the notice have not been paid to the Registry; and
(c)the alleged offender has not made an election under section 21; and
(d)the aggregate unpaid infringement amount in relation to the alleged offender is at least —
(i)$2 000; or
(ii)if regulations prescribe a higher amount for the purposes of this paragraph — that higher amount,
then, whether or not a licence suspension order made under section 19 is in force, the Registrar may issue an enforcement warrant.
(2)An enforcement warrant must be in the prescribed form and be directed to the Sheriff.
(3)An enforcement warrant must specify the modified penalty and enforcement fees owed by the alleged offender.
(4)An enforcement warrant must be executed under Part 7.
(5)The Registrar may at any time cancel an enforcement warrant for good reason.
[Section 21A inserted: No. 48 of 2012 s. 14.]
21.Election by alleged offender or prosecuting authority
(1)Despite any other provision in this Part, at any time that is —
(a)after an infringement notice is registered with the Registry; and
(b)before the modified penalty and enforcement fees, or any part of them, is paid; and
(c)before a time to pay order is made under section 27A(4); and
(d)before an enforcement warrant is issued in respect of the modified penalty and enforcement fees,
the alleged offender or the prosecuting authority that registered the notice may make an election.
(2)An election made by a prosecuting authority must be signed by a prosecuting officer of the prosecuting authority who is empowered to sign an enforcement certificate in respect of the alleged offence.
(3)An election under subsection (1) must be given to the Registrar.
(4)If an election is made under subsection (1), the Registrar must —
(a)lodge with a court of summary jurisdiction that has jurisdiction to deal with the alleged offence and the alleged offender a prosecution notice in relation to the alleged offence that contains such of the information provided to the Registrar under section 16(1)(b) as will sufficiently describe the prosecuting authority, the alleged offender and the alleged offence; and
(b)serve the alleged offender with a copy of the prosecution notice and a court hearing notice that complies with the Criminal Procedure Act 2004; and
(c)notify the prosecuting authority that the prosecution notice has been lodged and give the authority a copy of the notice and a copy of the court hearing notice referred to in paragraph (b).
(5)When a prosecution notice is lodged with a court under subsection (4)(a) —
(a)the notice is to be taken to have been made in accordance with the Criminal Procedure Act 2004, without being verified on oath, before the Registrar by the person who signed the enforcement certificate; and
(b)the prosecution is to be taken to have been commenced on the day when the enforcement certificate was lodged.
[(6)deleted]
(7)For the purposes of subsection (1)(b) a modified penalty and enforcement fees, or any part of them, are to be taken to have been paid even if payment was by means of a dishonoured payment.
[Section 21 amended: No. 51 of 2000 s. 4; No. 59 of 2004 s. 97; No. 84 of 2004 s. 43; No. 3 of 2008 s. 4(2); No. 48 of 2012 s. 15.]
22.Prosecuting authority may withdraw proceedings
(1)At any time after a final demand has been sent by a prosecuting authority to an alleged offender in respect of an infringement notice, the prosecuting authority may, whether or not the modified penalty and enforcement fees, or any part of them, has been paid, withdraw proceedings under this Part in respect of the infringement notice.
(2)To withdraw proceedings a prosecuting authority must —
(a)serve the alleged offender with a notice of withdrawal in the prescribed form; and
(b)if the infringement notice was registered with the Registry, give the Registrar a copy of the notice of withdrawal.
(3)A notice of withdrawal must be signed by a person who is a prosecuting officer of the prosecuting authority.
(4)When proceedings are withdrawn under this section —
(a)the enforcement certificate relating to the infringement notice ceases to have effect to the extent that it refers to that infringement notice; and
(b)if a licence suspension order has been made in respect of the alleged offender in respect of the alleged offence —
(i)the order is to be taken as having been cancelled at the time the Registrar is given the copy of the notice of withdrawal; and
(ii)the Registrar must notify the Director General of the cancellation forthwith;
and
(ca)if an enforcement warrant has been issued in respect of the alleged offender and the infringement notice — the warrant is cancelled; and
(c)if a prosecution has been commenced under section 21(4) in respect of the alleged offence but not determined —
(i)it is, by virtue of this section, discontinued; and
(ii)the Registrar must forthwith notify the Magistrates Court or the Children’s Court, as the case requires, of the discontinuance.
(5)If proceedings are withdrawn under this section —
(a)the alleged offender is to be refunded any amount paid under this Part by the alleged offender in respect of the alleged offence; and
(b)if —
(i)an enforcement warrant was issued in respect of the infringement notice; and
(ii)property of the alleged offender was seized and sold under the enforcement warrant before it was cancelled under subsection (4)(ca),
the alleged offender is to be paid an amount equal to the market value of the sold property; and
(c)if —
(i)an enforcement warrant was issued in respect of the infringement notice; and
(ii)under the enforcement warrant, a vehicle licence cancellation order was made in respect of a vehicle registered in the name of the alleged offender,
the alleged offender is to be paid an amount calculated in accordance with the regulations.
[Section 22 amended: No. 76 of 1996 s. 30; No. 59 of 2004 s. 107; No. 47 of 2011 s. 27; No. 48 of 2012 s. 16.]
23.Effect of order to pay or elect
The making of an order to pay or elect does not constitute a conviction of the alleged offender for the alleged offence, except as provided in sections 25 and 26.
24.Effect of payment of modified penalty etc.
(1)If —
(a)a modified penalty and the associated enforcement fees are paid under this Part; and
(b)proceedings under this Part have not been withdrawn,
no proceedings can be commenced and no penalty can be imposed that could not be commenced or imposed if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
(2)Payment under this Part of a modified penalty, and the associated enforcement fees, in respect of an alleged offence is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal, arising out of the occurrence by reason of which the infringement notice was issued, except where or to the extent that the principal enactment provides that payment of the modified penalty under the principal enactment would be regarded as an admission.
25.Continuing offences: effect of proceedings under this Part
If the alleged offence to which an infringement notice relates is constituted by failure to do an act or thing, section 71(1) or (2) (as the case requires) of the Interpretation Act 1984, or any provision of another written law substantially to the like effect, operates as if —
(a)payment under this Part of the whole or a part of the modified penalty and the associated enforcement fees before an order to pay or elect is made; or
(b)the making of an order to pay or elect,
were, for the purposes of that provision, a conviction of the alleged offender for the alleged offence and the conviction were on the day on which the payment was made or the order to pay or elect was made, as the case may be.
26.Road laws: effect of proceedings under this Part
(1)This section applies if the Road Traffic (Administration) Act 2008 section 79 is a prescribed enactment.
(2)If the alleged offence is under a road law —
(a)the payment of the whole or a part of the modified penalty and associated enforcement fees in relation to an infringement notice before an order to pay or elect is made in respect of the notice; or
(b)the making of an order to pay or elect in respect of an infringement notice,
constitutes a conviction of the alleged offender for the alleged offence for the purposes of the Road Traffic (Authorisation to Drive) Act 2008 section 16(1)(a), and for the purposes of Part 4 of that Act, the matter is to be treated as having been dealt with by infringement notice when the payment or order is made.
(3)Subsection (2)(a) applies even if the payment is made by means of a dishonoured payment.
(4)In subsection (2)(a) and (b) —
infringement notice has the meaning given in the Road Traffic (Administration) Act 2008 section 4.
[Section 26 amended: No. 54 of 2006 s. 37; No. 3 of 2008 s. 4(3); No. 8 of 2012 s. 108.]
27.How recovered amounts to be applied
(1)A modified penalty received by the Registrar is to be dealt with —
(a)in accordance with section 60 of the Sentencing Act 1995 as if it were a fine; or
(b)if the principal enactment under which the infringement notice was issued provides otherwise, in accordance with the principal enactment.
(2)Subject to subsection (3), enforcement fees recovered from an alleged offender under this Part are to be credited to the Consolidated Account.
(3)If under this Part the alleged offender pays —
(a)the enforcement fee for issuing a final demand in respect of an infringement notice; or
(b)the enforcement fee for the preparation of the enforcement certificate; or
(c)the registration fee referred to in section 16,
the amount concerned is to be credited according to how the modified penalty under the infringement notice is to be credited under subsection (1).
[Section 27 amended: No. 78 of 1995 s. 44; No. 77 of 2006 s. 4.]
27A.Registrar may suspend enforcement in certain cases of hardship
(1)If an infringement notice has been registered, the alleged offender may request the Registrar —
(a)not to make a licence suspension order; or
(b)to cancel a licence suspension order that has been made,
in respect of the alleged offender on the grounds that the licence suspension order would or does deprive the alleged offender of —
(c)the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the alleged offender or a member of his or her family; or
(d)the principal means of obtaining income with which to pay the modified penalty and enforcement fees,
or on the grounds that the licence suspension order would or does seriously hinder the alleged offender in performing family or personal responsibilities.
(2)A request cannot be made —
(a)if the alleged offender is a body corporate; or
(b)if an election has been made under section 21; or
(c)if an enforcement warrant issued under section 21A is in force in relation to the infringement notice.
(3)A request —
(a)must be made in accordance with the regulations; and
(b)must include an offer to pay the modified penalty and enforcement fees before a specified date or by regular instalments.
(4)If the Registrar is satisfied that —
(a)there are grounds to accede to the request; and
(aa)the alleged offender has a reasonable excuse for any contravention of a time to pay order made previously under this section in respect of the infringement notice; and
(b)the alleged offender’s offer to pay by regular instalments is reasonable,
the Registrar must make a time to pay order and, as the case requires —
(c)suspend the process in Division 2 for enforcing the infringement notice; or
(d)cancel a licence suspension order that has been made in respect of the alleged offender.
(5)Without limiting paragraph (d) of subsection (1), the Registrar may, for the purposes of that paragraph, consider the effect that a licence suspension order would have or has had on the ability of the alleged offender to seek or obtain employment.
(6)The time to pay order is to require the alleged offender to pay the modified penalty and enforcement fees either —
(a)before a specified date; or
(b)by instalments on or before set dates.
(7)The time to pay order must be served on the alleged offender together with notice of the action that has been taken under subsection (4)(c) or (d) and the consequences of not complying with the order.
(8)If a licence suspension order is cancelled, the Registrar must advise the Director General forthwith.
(9)For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled.
[Section 27A inserted: No. 51 of 2000 s. 5; amended: No. 3 of 2008 s. 7; No. 8 of 2012 s. 109; No. 48 of 2012 s. 17.]
27B.Amending time to pay order
The Registrar may amend a time to pay order made under section 27A and for that purpose, sections 34 and 35, with any necessary changes, apply.
[Section 27B inserted: No. 51 of 2000 s. 5; amended: No. 20 of 2013 s. 78.]
27C.Contravening time to pay order
(1)If an alleged offender contravenes a time to pay order made under section 27A, the Registrar may issue a notice that unless the amount overdue is paid before a date specified in the notice (the due date) the Registrar may —
(a)make or again make a licence suspension order in respect of the alleged offender; and
(b)cancel the time to pay order.
(2)The notice must be served on the alleged offender.
(3)If the amount overdue is not paid by the due date the Registrar may make or again make a licence suspension order in respect of the alleged offender and cancel the time to pay order.
(4)For the purposes of subsection (3), section 19(2) to (9) (but not section 19(4)), with any necessary changes, apply and a licence suspension order may be made even if sections 17 and 18 have not been complied with.
[Section 27C inserted: No. 51 of 2000 s. 5.]
27D.Registrar’s decision on time to pay is final
A decision of the Registrar under section 27A, 27B or 27C is final.
[Section 27D inserted: No. 3 of 2008 s. 8.]
(1)In this Part —
community corrections activities has the same definition as in the Sentence Administration Act 2003;
community corrections centre has the same definition as in the Sentence Administration Act 2003;
community corrections officer (CCO) has the same definition as in the Sentence Administration Act 2003;
court includes any person acting judicially;
court officer, in relation to a fine, means an officer of the court that imposed the fine who is approved as a court officer for the purposes of this Part by the chief executive officer;
enforcement fees means prescribed fees imposed in connection with proceedings under this Part;
fine means a monetary penalty imposed on an offender by a court in criminal proceedings for an offence and includes —
(a)any costs ordered to be paid by the offender in connection with the proceedings; and
(b)any amount ordered to be paid in connection with or as a result of the offence, if the order is of a kind, and is made under an enactment, prescribed for the purposes of this definition,
but does not include any other amount of money ordered to be paid in connection with or as a result of the offence;
offender means a person found guilty of an offence, whether after a plea of guilty or otherwise;
registered means registered with the Registry for enforcement under section 41(1);
time to pay order, except in sections 55A and 55B —
(a)means an order made under section 33(4); and
(b)includes an amended time to pay order;
work and development order (WDO) means an order made under section 48.
(2)In this Part these abbreviations are used:
CCO for community corrections officer;
WDO for work and development order.
(3)For the purposes of paragraph (b) of the definition of fine in subsection (1), an order for the payment of compensation for injury, loss or damage suffered as a result of the commission of an offence is not to be prescribed.
[Section 28 amended: No. 78 of 1995 s. 41; No. 8 of 1996 s. 9; No. 51 of 2000 s. 6; No. 50 of 2003 s. 29(3); No. 65 of 2006 s. 63; No. 20 of 2013 s. 79.]
(1)Subject to subsection (2), this Part applies to any fine imposed by any court on any offender, except —
(a)a fine in respect of which an order is made under section 58 or 59 of the Sentencing Act 1995;
(b)a pecuniary penalty imposed under section 20(1)(a)(iii) of the Crimes Act 1914 of the Commonwealth.
(2)The application of this Part to a young person (as defined in the Young Offenders Act 1994) is subject to sections 63 to 65C of that Act.
[Section 29 amended: No. 78 of 1995 s. 44; No. 8 of 1996 s. 9.]
30.Court may request offender’s address
(1)If a court fines an offender, the judicial officer constituting the court, or a court officer, may ask the offender for his or her current address.
(2)A person who refuses or neglects to comply with a request under subsection (1) commits an offence.
Penalty: $1 000.
[Section 30 amended: No. 8 of 1996 s. 9.]
Subdivision 1 — Fines for which Registrar may make time to pay orders
[Heading amended: No. 20 of 2013 s. 80.]
This Subdivision applies —
(a)to a fine that under section 60 of the Sentencing Act 1995, or any other written law, is to be credited to the Consolidated Account or that under section 56 of that Act is ordered to be paid to a person who has been assaulted; and
(b)to a fine imposed under an enactment prescribed for the purposes of this section.
[Section 31 amended: No. 78 of 1995 s. 44; No. 77 of 2006 s. 4.]
32.Offender must pay fine or get time to pay order
(1)When a fine is imposed, an offender must either —
(a)pay the fine; or
(b)apply for a time to pay order in respect of the fine.
(2)When a fine is imposed —
(a)the fine is to be taken to be registered; but
(b)the Registrar must not take any action under section 42 or 47A in relation to the fine unless —
(i)a period of 28 days after the day on which the fine was imposed has elapsed; and
(ii)the offender has not, within that period, either paid the fine or applied for a time to pay order in respect of the fine, or the offender’s application for a time to pay order in respect of the fine has been refused.
(3)Subsection (2)(b) does not apply if, at the time the fine is first taken to be registered —
(a)another fine imposed on the offender, or any other amount payable by the offender, is already registered under this Part, and the fine or amount has not been paid and no time to pay order has been obtained in respect of the fine or amount; or
(b)one of the methods of enforcement available under Division 3 (which includes an order to attend for work and development and a WDO) is already being invoked in respect of a fine imposed on, or an amount payable by, the offender; or
(c)the Registrar is already taking action under section 55D(1) in respect of a fine imposed on, or an amount payable by, the offender.
(4)This section is subject to —
(a)the Sentencing Act 1995 sections 57A, 58 and 59; and
(b)section 53(2).
(5)If a fine has been imposed before the date on which the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 81 comes into operation (the commencement date) —
(a)this section applies to and in relation to the fine only if the fine has not been paid before the commencement date; and
(b)subsection (2) does not apply to or in relation to the fine if —
(i)the fine has been registered before the commencement date; and
(ii)that registration has not been cancelled before the commencement date;
and
(c)if a time to pay order is in force in respect of the fine immediately before the commencement date, that time to pay order continues in force under and subject to this Division.
[Section 32 inserted: No. 20 of 2013 s. 81.]
(1)An offender who has been fined may apply to the Registrar for a time to pay order in respect of the fine.
(2)An application for a time to pay order in respect of a fine cannot be made later than the 28th day after the day on which the fine was imposed.
(3)On an application the Registrar may require the offender to undergo a means test.
(4)On an application the Registrar, if he or she thinks fit, may make a time to pay order.
(5)The Registrar must make a time to pay order if the offender does not have the means to pay the fine within 28 days after the day on which the fine was imposed.
(6)A time to pay order may require the offender —
(a)to pay the fine before a set date which is later than 28 days after the day on which the fine was imposed; or
(b)to pay the fine by instalments on or before set dates.
(7)A time to pay order must be served on the offender.
(8)If the Registrar refuses to make a time to pay order, notice of the refusal must be served on the offender.
[Section 33 amended: No. 8 of 1996 s. 4; No. 20 of 2013 s. 82.]
34.Offender may apply to have time to pay order amended
(1)An offender who has obtained a time to pay order in respect of a fine may apply to the Registrar to have the time to pay order amended.
[(2)deleted]
(3)On an application the Registrar may require the offender to undergo a means test.
(4)On an application the Registrar, if he or she thinks fit, may amend a time to pay order.
(5)An amended time to pay order must be served on the offender.
(6)If the Registrar refuses to amend a time to pay order, notice of the refusal must be served on the offender.
[Section 34 amended: No. 20 of 2013 s. 83.]
35.Registrar may amend time to pay order
(1)The Registrar may at any time request an offender who has obtained a time to pay order in respect of a fine to undergo a means test.
(2)A request cannot be made if the fine has been paid.
(3)The request must be in writing and must be served on the offender.
(4)After means testing the offender, the Registrar, if he or she thinks fit, may amend the time to pay order.
(5)An amended time to pay order must be served on the offender.
(6)The Registrar must not require an offender to undergo a means test more than once in every period of 12 months, unless the Registrar is advised that the financial circumstances of the offender have changed.
[Section 35 amended: No. 20 of 2013 s. 84.]
35A.Payments ordered must be within means of offender
In making or amending a time to pay order, the Registrar must ensure that any payment to be made under the order is within the offender’s means to pay it.
[Section 35A inserted: No. 8 of 1996 s. 5; amended: No. 20 of 2013 s. 85.]
36.Registrar may cancel time to pay order
(1)The Registrar, without notice to the offender, may cancel a time to pay order if the offender —
(a)contravenes the order; or
(b)contravenes a request made under section 35(1).
(2)If the Registrar cancels a time to pay order, the Registrar may take any action in relation to the fine that the Registrar is authorised to take under section 42 or 47A or 55D.
[Section 36 inserted: No. 20 of 2013 s. 86.]
37.Registrar’s decision is final
The decision of the Registrar under this Subdivision is final.
[Section 37 inserted: No. 20 of 2013 s. 86.]
38A.Transitional provisions for Courts and Tribunals (Electronic Processes Facilitation) Act 2013
An application under this Subdivision to a court officer that has been made but not decided before the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 86 comes into operation is to be taken to have been made to the Registrar, and is to be dealt with accordingly.
[Section 38A inserted: No. 20 of 2013 s. 86.]
Subdivision 2 — Fines for which time to pay orders cannot be made
[Heading amended: No. 20 of 2013 s. 87.]
This Subdivision applies to a fine to which Subdivision 1 does not apply.
39.Fine may be registered at request of prosecuting authority
(1)A fine imposed on an offender may be registered by a court officer if the prosecuting authority has given the court officer a written notice requesting the court officer to register the fine.
(2)In subsection (1) prosecuting authority means —
(a)if the fine was imposed under an Act of the State —the person that is to be paid the fine, or that administers the fund that is to be credited with the fine, under section 60(2) or (3) of the Sentencing Act 1995;
(b)if the fine was imposed under a law of the Commonwealth — a person that administers proceedings in relation to offences under that law.
[Section 39 amended: No. 78 of 1995 s. 44; No. 3 of 2008 s. 10; No. 48 of 2012 s. 19.]
Division 3 — Enforcement of fines
In this Division amount owed means that amount of a fine and any enforcement fees that is unpaid.
(1)To register a fine with the Registry for enforcement, a court officer must give the Registry such information as the Registrar requires in such manner as the Registrar specifies.
[(2)deleted]
(3)If, at any time after a fine is registered and before an enforcement warrant or a warrant of commitment is issued in respect of it, there is good reason to do so, a court officer, in writing, may order the Registrar to cancel the registration.
(4)A court officer may only make an order under subsection (3) in respect of a fine to which Division 2 Subdivision 2 applies with the consent of the prosecuting authority (as defined in section 39(2)).
(5)When the registration of a fine is cancelled —
(a)any time to pay order made under section 55A(4) in respect of the fine is cancelled; and
(b)any licence suspension order made in respect of the offender in respect of the fine is cancelled; and
(c)any order to attend for work and development made under section 47, 47A or 55D is cancelled; and
(d)the Registrar must forthwith notify the offender of the cancellation of any order that occurs under this subsection.
[Section 41 amended: No. 3 of 2008 s. 11; No. 48 of 2012 s. 43; No. 20 of 2013 s. 88.]
42.Notice of intention to enforce
(1)When a fine is registered, the Registrar may issue a notice of intention to enforce.
(2)A notice of intention to enforce must be served on the offender.
(3)A notice of intention to enforce must contain a statement to the effect that unless before a date specified in the notice (the due date) the amount owed is paid, the Registrar —
(a)may make a licence suspension order in respect of the offender; and
(b)may issue an enforcement warrant in respect of the offender; and
(c)may issue an order to attend for work and development to the offender; and
(d)in some circumstances, may issue a warrant of commitment in respect of the offender.
(4)The due date must not be earlier than 28 days after the date of issue of the notice of intention to enforce.
(5)A notice of intention to enforce must also —
(a)state the date and time when the licence suspension order will have effect if it is made; and
(b)explain that if a licence suspension order is made it will not be cancelled until the amount owed is paid; and
(c)explain the effect of the licence suspension order that may be made; and
(d)state the effect that an enforcement warrant will have if it is issued; and
(e)contain such other information as is prescribed.
[Section 42 inserted: No. 48 of 2012 s. 20.]
(1)If —
(a)28 days have elapsed since the date of issue of a notice of intention to enforce; and
(b)the amount owed has not been paid,
then, whether or not an enforcement warrant issued under section 45 is in force, the Registrar may make a licence suspension order in respect of the offender.
(2)A licence suspension order is an order as to such of the matters in subsections (3) and (4) as the Registrar thinks fit.
(3)If the offender is an individual a licence suspension order may disqualify the offender from one of the following —
(a)from holding or obtaining a driver’s licence; or
(b)from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or
(c)from holding or obtaining a vehicle licence in respect of any vehicle.
(4)If the offender is a body corporate a licence suspension order may disqualify the offender from one of the following —
(a)from holding or obtaining a vehicle licence in respect of those vehicles specified in the order; or
(b)from holding or obtaining a vehicle licence in respect of any vehicle.
(5)A licence suspension order has effect on the date and at the time specified in the order, but the date and time must not be earlier than the date and time stated in the notice of intention to enforce and must not be earlier than when the order is made.
(6)If the Registrar makes a licence suspension order, he or she must —
(a)issue a notice confirming licence suspension; and
(b)advise the Director General of the terms of the order forthwith.
(7)A notice confirming licence suspension must be served on the offender.
(8)A notice confirming licence suspension must advise the offender that a licence suspension order has been made and of the date and time when it has effect and must explain the terms of the order.
(9)For the purposes of this Act and a road law, a licence suspension order —
(a)takes effect on the date and at the time specified in the order; and
(b)is in force from the time it takes effect to the time when it is cancelled; and
(c)is concurrent with any other period for which the offender is disqualified from holding or obtaining a driver’s licence.
[Section 43 amended: No. 8 of 1996 s. 9; No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 21.]
44.Cancelling licence suspension order
(1)A licence suspension order is to be taken to be cancelled at the time when the amount owed is paid or recovered under an enforcement warrant.
(2)Even if the amount owed has not been paid, the Registrar, at any time, may cancel a licence suspension order for good reason.
(3)If a licence suspension order is cancelled under subsection (2) or section 45(2), the Registrar must issue a notice of cancellation.
(4)A notice of cancellation must be served on the offender.
(5)If a licence suspension order is cancelled under subsection (1) or (2) or section 45(2), the Registrar must advise the Director General forthwith.
(6)For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled.
[Section 44 amended: No. 8 of 1996 s. 9; No. 76 of 1996 s. 30; No. 8 of 2012 s. 109; No. 48 of 2012 s. 22.]
(1)If —
(a)28 days have elapsed since the date of issue of a notice of intention to enforce; and
(b)the amount owed has not been paid,
then, whether or not a licence suspension order made under section 43 is in force, the Registrar may issue an enforcement warrant.
(2)An enforcement warrant must be in the prescribed form and be directed to the Sheriff.
(3)An enforcement warrant must be executed under Part 7.
(4)An enforcement warrant must specify the amount owed by the offender.
(5)The Registrar may at any time cancel an enforcement warrant for good reason.
[Section 45 amended: No. 48 of 2012 s. 23 and 43.]
46.Sections 47 to 53 do not apply to body corporate
Sections 47 to 53 apply only in a case where the offender is an individual.
47.Order to attend for work and development
(1)If under section 45 the Registrar issues an enforcement warrant in respect of an offender who is an individual, the Registrar may also issue an order to attend for work and development.
(2)An order to attend for work and development is to be served on an offender only if the whole of the amount owed (and specified in the enforcement warrant) and any enforcement fees imposed under Part 7 are neither recovered by the Sheriff under the enforcement warrant nor paid.
(3)If an order to attend for work and development is to be served on an offender, it must be served personally.
(4)When an order to attend for work and development is served on an offender in respect of an amount owed, an enforcement warrant issued in respect of the amount owed ceases to be in force.
[Section 47 amended: No. 9 of 2000 s. 4; No. 48 of 2012 s. 43.]
47A.Order to attend for work and development may be issued ahead of other enforcement measures
(1)Despite sections 42 to 45 and 47, at any time after a fine is registered the Registrar may issue an order to attend for work and development in respect of the offender if the Registrar is satisfied —
(a)that the offender —
(i)does not have the means to pay the amount owed; and
(ii)is not the holder of a vehicle licence; and
(iii)does not have any personal property that could be seized under an enforcement warrant to satisfy, wholly or partly, the amount owed; and
(iv)will be unlikely to have the means to pay, or personal property that could be so seized, within a reasonable time after the fine was registered;
and
(b)that the offender —
(i)is the holder of a driver’s licence but is disqualified from holding or obtaining such a licence; or
(ii)is not the holder of a driver’s licence;
and
(c)that the issue of a licence suspension order has not resulted, or would be unlikely to result, in the amount owed being paid within a reasonable time after the fine was registered.
(2)An order issued under subsection (1) must be served on the offender personally.
(3)On issuing an order under subsection (1), the Registrar must cancel —
(a)any licence suspension order; or
(b)any enforcement warrant,
that is in force in respect of the offender in respect of the fine.
(4)If a licence suspension order is cancelled under subsection (3), the Registrar must advise the Director General forthwith.
(5)For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled.
[Section 47A inserted: No. 9 of 2000 s. 5; amended: No. 14 of 2003 s. 6; No. 8 of 2012 s. 109; No. 48 of 2012 s. 43.]
47B.Effect of order to attend for work and development
An order to attend for work and development issued under section 47 or 47A is an order requiring the offender, within 7 days after the service of the order —
(a)to pay the amount owed; or
(b)to report to a community corrections centre to be assessed for the purposes of deciding whether a WDO should be made in respect of the offender.
[Section 47B inserted: No. 9 of 2000 s. 5.]
48A.Order to attend for work and development: cancellation
(1)This section applies if —
(a)an order to attend for work and development is issued under section 47 or 47A; and
(b)it is not reasonably practicable to serve the order on the offender —
(i)personally; or
(ii)by electronic means under section 5A(1).
(2)If this section applies, the Registrar may cancel the order to attend for work and development and make or again make a licence suspension order in respect of the offender.
(3)For the purposes of subsection (2), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.
(4)A licence suspension order —
(a)may be made even if section 42 has not been complied with; but
(b)cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.
[Section 48A inserted: No. 20 of 2013 s. 89.]
48.Work and development order (WDO)
(1)An offender who reports to a community corrections centre in accordance with an order to attend for work and development is to be assessed by a CCO who is to report to the CEO (corrections) on the suitability of the offender to be given a WDO.
(2)The CEO (corrections) must make a WDO in respect of an offender unless the CEO (corrections) is satisfied —
(a)that the offender is mentally or physically incapable of performing the requirements of the order; or
(b)that in the course of performing the requirements of a WDO the offender will or may pose a risk to the personal safety of people in the community or of any individual in the community.
(2a)If an offender reports to a community corrections centre pursuant to an order made under section 57A(3) of the Sentencing Act 1995, the CEO (corrections) must make a WDO in respect of the offender and subsections (1) and (2) do not apply.
(3)A WDO must be served on the offender personally.
(4)A WDO must not be made if a WDO made after the commencement of this Act has been made previously in respect of a particular fine and has been cancelled.
(5)A WDO must not be made if under section 53 a warrant of commitment has been issued.
[Section 48 amended: No. 9 of 2000 s. 6; No. 51 of 2000 s. 7; No. 65 of 2006 s. 64.]
A WDO is an order that the offender must comply with —
(a)section 76 of the Sentence Administration Act 2003; and
(b)the primary requirements in section 50.
[Section 49 inserted: No. 78 of 1995 s. 42; amended: No. 50 of 2003 s. 29(3).]
(1)The primary requirements of a WDO are that the offender —
(a)must do community corrections activities for a number of hours specified in the WDO (the required hours); and
(b)in each period of 7 days must do the prescribed number of the required hours; and
(c)must not leave the State without the prior written permission of the supervisor of a community corrections centre; and
(d)must notify a CCO of any change of address or employment within 2 clear working days after the change.
(2)The required hours in a WDO are to be calculated under the regulations by reference to the amount owed; but must be at least 6 hours.
(3)The required hours in a WDO are cumulative on —
(a)the required hours in any other WDO; and
(b)any hours of community work that the offender is required to do under a community service requirement in a community order imposed under the Sentencing Act 1995; and
(c)any hours of community corrections activities that the offender is required to do under the Sentence Administration Act 2003.
[Section 50 inserted: No. 78 of 1995 s. 42; amended: No. 50 of 2003 s. 29(3).]
[Section 50. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
(1)A WDO is completed when the offender’s liability to pay the fine and enforcement fees is discharged —
(a)by the offender satisfactorily performing all the requirements of the WDO; or
(b)by payment of the amount owed; or
(c)by a combination of the offender satisfactorily performing part of the requirements of the WDO and payment of part of the amount owed.
(2)If an offender is subject to a WDO, the required hours of a WDO are to be reduced in accordance with the regulations by reference to any payment of the amount owed that is made.
(3)If an offender is subject to a WDO, the amount owed is to be reduced in accordance with the regulations by reference to the number of the required hours of the WDO that the offender performs satisfactorily.
(1)The CEO (corrections), in writing, may at any time cancel a WDO.
(2)Notice of the cancellation is to be given to the Registrar as soon as practicable and if practicable to the offender.
[Section 52 amended: No. 65 of 2006 s. 64.]
53A.WDO: effect of cancellation
(1)If a WDO is cancelled under section 52, the Registrar may make or again make a licence suspension order in respect of the offender.
(2)For the purposes of subsection (1), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.
(3)A licence suspension order —
(a)may be made even if section 42 has not been complied with; but
(b)cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.
[Section 53A inserted: No. 48 of 2012 s. 25; amended: No. 20 of 2013 s. 90.]
(1)If an offender is served with an order to attend for work and development or with an order made under section 57A(3) of the Sentencing Act 1995 and —
(a)the offender does not report as required by the order; or
(b)under section 48 a WDO is not made or cannot be served on the offender; or
(c)under section 48 a WDO is made but under section 52(1) it is cancelled,
and if the amount owed is not paid, the Registrar may issue a warrant of commitment in the prescribed form.
Note for this subsection:
Under section 118(1), the Registrar cannot issue a warrant of commitment under this subsection on or after the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Part 2 Division 2 comes into operation unless the offender is already serving a period of imprisonment.
(2)A warrant of commitment must not be issued unless at least 7 days have elapsed since an offender was served with an order to attend for work and development.
(3)A warrant of commitment is to commit the offender to be imprisoned for a period (in days) specified in the warrant that is the shorter of —
(a)the period of imprisonment determined by dividing the amount owed by the amount prescribed and rounding the result down to the nearest whole number of days; and
(b)the maximum term of imprisonment (if any) to which the offender could have been sentenced for the offence concerned,
and that in any event is not less than one day.
(4)If, when the Fines Legislation Amendment Act 2008 section 12(1) (the amending provision) comes into operation, a warrant of commitment is in force but the offender has not commenced to serve the period of imprisonment specified in it, the warrant has effect as if —
(a)the amending provision; and
(b)the regulations made for the purposes of subsection (3)(a) as enacted by the amending provision,
had come into operation before the warrant was issued.
(5)The period for which an offender is to be imprisoned under a warrant of commitment ends when the offender’s liability to pay the amount in respect of which the warrant is issued has been discharged by —
(a)the offender serving the whole of the period of imprisonment specified in the warrant; or
(b)payment of that amount; or
(c)a combination of the offender serving part of that period and payment of part of that amount.
(6)If part of the amount in respect of which a warrant of commitment is issued is paid after the warrant is issued, the warrant has effect as if the period of imprisonment specified in it were reduced by a period (in days) determined as follows —
(rounded up to the nearest whole number)
where warrant amount is the amount in respect of which the warrant was issued.
(7)If under a warrant of commitment an offender serves any of the period of imprisonment, the amount in respect of which the warrant was issued is to be reduced by an amount determined as follows —
(rounded down to the nearest whole number)
where —
period served is the period (in days) served under the warrant of commitment and includes any part day served;
specified period is the period (in days) originally specified in the warrant;
warrant amount is the amount in respect of which the warrant was issued.
(8)The period of imprisonment specified in a warrant of commitment is concurrent with any other period or term of imprisonment that the offender is serving or has to serve.
(8a)If, immediately before the Fines Legislation Amendment Act 2008 section 12(3) (the amending provision) comes into operation, an offender who has served, is serving or has to serve a period of imprisonment under a warrant of commitment is in prison, the offender is entitled to be released from imprisonment on —
(a)the day on which the offender would have been entitled to be released if the amending provision had come into operation before the warrant of commitment was issued; or
(b)the day on which the amending provision comes into operation,
whichever is later.
(8b)In the case of an offender who is serving or has to serve a parole term as defined in the Sentencing Act 1995 section 85(1), a reference in subsection (8a) to the offender being entitled to be released is a reference to the offender being eligible to be released on parole.
(8c)The Registrar may at any time cancel a warrant of commitment for good reason.
(9)Nothing in this section affects the power of the Governor to exercise the Royal Prerogative of Mercy.
[Section 53 amended: Gazette 12 Mar 1999 p. 1162; No. 9 of 2000 s. 7; No. 3 of 2008 s. 12; No. 25 of 2020 s. 4.]
[Section 53. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
54.Warrants of apprehension for people interstate
(1)Despite any other provision of this Part, if at any time after a fine is registered the Registrar has reason to believe that the offender may be in another State or a Territory, the Registrar may refer the matter to the registrar or clerk of the court by which the fine was imposed, or to a justice, for the issue of a warrant of apprehension under section 112 of the Service and Execution of Process Act 1992 of the Commonwealth.
(2)The period of imprisonment to be specified in a warrant of apprehension is the period calculated under section 53(3) by reference to the amount owed.
[Section 54 amended: No. 59 of 2004 s. 107.]
55.How recovered amounts to be dealt with
(1)A fine received by the Registrar is to be dealt with in accordance with section 60 of the Sentencing Act 1995.
(2)Enforcement fees recovered from an offender under this Part are to be credited to the Consolidated Account.
[Section 55 amended: No. 78 of 1995 s. 44; No. 8 of 1996 s. 9; No. 77 of 2006 s. 4.]
55A.Registrar may suspend enforcement in certain cases of hardship
(1)If a fine has been registered, the offender may request the Registrar —
(a)not to make a licence suspension order; or
(b)to cancel a licence suspension order that has been made,
in respect of the offender on the grounds that the licence suspension order would or does deprive the offender of —
(c)the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the offender or a member of his or her family; or
(d)the principal means of obtaining income with which to pay the amount owed (as defined in section 40),
or on the grounds that the licence suspension order would or does seriously hinder the offender in performing family or personal responsibilities.
(2)A request cannot be made —
(a)if the offender is a body corporate; or
(b)if an enforcement warrant issued under section 45 is in force.
(3)A request —
(a)must be made in accordance with the regulations; and
(b)must include an offer to pay the amount owed before a specified date or by regular instalments.
(4)If the Registrar is satisfied that —
(a)there are grounds to accede to the request; and
(aa)the offender has a reasonable excuse for any contravention of a time to pay order made previously under this section in respect of the fine; and
(b)the offender’s offer to pay by regular instalments is reasonable,
the Registrar must make a time to pay order and, as the case requires —
(c)suspend the process in Division 3 for enforcing the fine; or
(d)cancel a licence suspension order that has been made in respect of the offender.
(5)Without limiting paragraph (d) of subsection (1), the Registrar may, for the purposes of that paragraph, consider the effect that a licence suspension order would have or has had on the ability of the offender to seek or obtain employment.
(6)The time to pay order is to require the offender to pay the amount owed either —
(a)before a specified date; or
(b)by instalments on or before set dates.
(7)The time to pay order must be served on the offender together with notice of the action that has been taken under subsection (4)(c) or (d) and the consequences of not complying with the order.
(8)If a licence suspension order is cancelled, the Registrar must advise the Director General forthwith.
(9)For the purposes of a road law, the cancellation of a licence suspension order takes effect when the order is cancelled.
[Section 55A inserted: No. 51 of 2000 s. 8; amended: No. 3 of 2008 s. 13; No. 8 of 2012 s. 109; No. 48 of 2012 s. 26.]
55B.Amending time to pay order
The Registrar may amend a time to pay order made under section 55A and for that purpose, sections 34 and 35, with any necessary changes, apply.
[Section 55B inserted: No. 51 of 2000 s. 8; amended: No. 20 of 2013 s. 91.]
55C.Contravening time to pay order
(1)If an offender contravenes a time to pay order made under section 55A, the Registrar may issue a notice that unless the amount overdue is paid before a date specified in the notice (the due date) the Registrar may —
(a)make or again make a licence suspension order in respect of the offender; and
(b)cancel the time to pay order.
(2)The notice must be served on the offender.
(3)If the amount overdue is not paid by the due date the Registrar may make or again make a licence suspension order in respect of the offender and cancel the time to pay order.
(4)For the purposes of subsection (3), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply and a licence suspension order may be made even if section 42 has not been complied with.
[Section 55C inserted: No. 51 of 2000 s. 8.]
55D.Registrar may use most effective enforcement means
(1)If the Registrar is satisfied that —
(a)an enforcement warrant; or
(b)an order to attend for work and development; or
(c)a warrant of commitment,
would be more likely than a licence suspension order or any of the other methods of enforcement referred to in paragraph (a), (b) or (c) to result in the payment or recovery of the amount owed, the Registrar may —
(d)despite section 45(1), issue an enforcement warrant in the prescribed form; or
(e)despite section 47(1) and (2), issue an order to attend for work and development; or
(f)despite section 53(1) and (2), issue a warrant of commitment.
Note for this subsection:
Under section 118(1), the Registrar cannot issue a warrant of commitment under this subsection on or after the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Part 2 Division 2 comes into operation unless the offender is already serving a period of imprisonment.
(2)If the Registrar takes any action under subsection (1) the Registrar must cancel any other authorisation, order or warrant that has been issued in respect of the amount owed.
(3)If under subsection (1) the Registrar issues an enforcement warrant, section 45(2) to (5) apply to the warrant.
(4)If under subsection (1) the Registrar issues an order to attend for work and development, sections 47(3) to (5), 48, 49, 50, 51 and 52 apply in relation to the order.
(5)If under subsection (1) the Registrar issues a warrant of commitment, section 53(3) to (9) apply in relation to the warrant.
[Section 55D inserted: No. 14 of 2003 s. 7; amended: No. 48 of 2012 s. 43; No. 25 of 2020 s. 5.]
55E.Registrar’s decision on time to pay etc. is final
A decision of the Registrar under section 55A, 55B, 55C or 55D is final.
[Section 55E inserted: No. 3 of 2008 s. 14.]
Part 5A — Publication of details of persons on Registrar’s website
[Heading inserted: No. 48 of 2012 s. 27.]
[Heading inserted: No. 48 of 2012 s. 27.]
In this Part —
aggregate amount owed, by a person, means the aggregate of —
(a)the amount owed for each outstanding registered fine in relation to the person; and
(b)the amount owed for each outstanding order to pay or elect in relation to the person;
amount owed means —
(a)for an order to pay or elect issued under section 17 — that amount of the modified penalty, and enforcement fees, specified in the order that has not been paid, or recovered under an enforcement warrant; or
(b)for a fine — that amount of a fine, and any enforcement fees in relation to the fine, that has not been paid, or recovered under an enforcement warrant;
enforcement fees means prescribed fees imposed in connection with proceedings under Part 3 or 4 and includes the registration fee referred to in section 16;
fine has the meaning given in section 28(1);
modified penalty has the meaning given in section 11;
outstanding order to pay or elect has the meaning given in section 11;
outstanding registered fine has the meaning given in section 56B;
Registrar’s website means a website, or a part of a website, controlled and managed by the Registrar;
relevant details has the meaning given in section 56C.
[Section 56A inserted: No. 48 of 2012 s. 27.]
56B.Outstanding registered fines
An outstanding registered fine, in relation to a person, means a fine imposed on the person, where —
(a)the fine is registered under section 41; and
(b)at least 28 days have elapsed since the day on which the fine was imposed; and
(c)the fine, and any enforcement fees in relation to the fine, have not been paid in full or recovered in full under an enforcement warrant; and
(d)no time to pay order under section 33 or 55A is in force in respect of the person and the amount owed; and
(e)if an enforcement warrant is in force in respect of the person and the amount owed — no arrangement under section 68A is in force in relation to the warrant; and
(f)if a work and development order has been made in respect of the person and the amount owed — the order has not been completed under section 51; and
(g)the person’s liability to pay the amount owed has not been discharged under section 53(5); and
(h)either —
(i)the person has not appealed against the fine, or a decision giving rise to the fine, for the purposes of section 101B; or
(ii)any appeal against the fine, or a decision giving rise to the fine, has been disposed of (within the meaning of section 101B), and the fine is still payable.
[Section 56B inserted: No. 48 of 2012 s. 27; amended: No. 20 of 2013 s. 92.]
56C.Relevant details of persons
The relevant details of a person are —
(a)for an individual, the following details only —
(i)the individual’s surname;
(ii)the individual’s given names;
(iii)the street, and the suburb or town, in which the individual resides according to the individual’s last known address;
(iv)whether there are one or more outstanding orders to pay or elect, or outstanding registered fines, or both, in relation to the individual;
(v)the aggregate amount owed by the individual;
or
(b)for a body corporate, the following details only —
(i)the registered name of the body corporate;
(ii)the street, and the suburb or town, at which the registered office of the body corporate is located;
(iii)whether there are one or more outstanding orders to pay or elect, or outstanding registered fines, or both, in relation to the body corporate;
(iv)the aggregate amount owed by the body corporate.
[Section 56C inserted: No. 48 of 2012 s. 27.]
Division 2 — Publication of relevant details of persons on Registrar’s website
[Heading inserted: No. 48 of 2012 s. 27.]
56D.Publication of relevant details of persons on Registrar’s website
(1)If, in relation to a person, there are one or more —
(a)outstanding orders to pay or elect; or
(b)outstanding registered fines,
the Registrar may cause some or all of the relevant details of the person to be published on the Registrar’s website.
(2)The Registrar must not cause any relevant details of a person to be published under this section if the Registrar has grounds to suspect —
(a)the person is a child; or
(b)all of the following conditions are satisfied —
(i)there are one or more outstanding registered fines in relation to the person;
(ii)an order prohibiting the publication of the person’s name was made in the proceedings in which any of those outstanding registered fines was imposed;
(iii)the order is in force;
or
(c)the person is a person protected under a violence restraining order, or police order, in force under the Restraining Orders Act 1997; or
(d)the publication of the relevant details would endanger the person’s safety.
(3)If —
(a)relevant details of a person are published under this section on the Registrar’s website; and
(b)the Registrar becomes aware that any of the relevant details of the person has changed; and
(c)section 56E(2) does not apply,
the Registrar must cause the relevant details published on the website to be updated as soon as practicable.
[Section 56D inserted: No. 48 of 2012 s. 27.]
56E.Removal of relevant details from website
(1)The Registrar may, at any time, cause some or all of the relevant details of a person to be removed from the Registrar’s website.
(2)If —
(a)under section 56D, relevant details of a person are published on the Registrar’s website; and
(b)there ceases to be any outstanding order to pay or elect, or outstanding registered fine, in relation to the person,
the Registrar must cause the relevant details of the person to be removed from the website as soon as practicable.
[Section 56E inserted: No. 48 of 2012 s. 27.]
Part 5 — Amounts forfeited under undertakings
[Heading amended: No. 84 of 2004 s. 46.]
56.Amounts payable by defendants and offenders
In respect of the payment of, or the enforcement of the payment of —
(a)any amount of a bail undertaking that is ordered to be forfeited to the Crown under section 57 of the Bail Act 1982; or
[(b)deleted]
(ca)any amount of a recognisance entered into by an offender under the Young Offenders Act 1994 section 69, in any case where any amount of the recognisance is ordered to be forfeited and —
(i)section 64 of that Act applies to the payment and enforcement of the amount concerned; or
(ii)under section 65(3)(a) of that Act, the court must register the amount forfeited under this Act;
or
(c)an amount that is ordered to be paid to the Crown by an offender, under section 52(2) of the Sentencing Act 1995,
Part 4, with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the person liable to pay the amount.
[Section 56 inserted: No. 78 of 1995 s. 43; amended: No. 59 of 2004 s. 107; No. 84 of 2004 s. 46; No. 20 of 2013 s. 93.]
57.Amounts payable by sureties
In respect of the payment of, or the enforcement of the payment of —
(a)any amount of a surety undertaking that is ordered to be forfeited to the Crown under section 49 of the Bail Act 1982; or
[(b)deleted]
(c)an amount that is ordered to be paid to the Crown by a surety under section 52(2) of the Sentencing Act 1995,
Part 4, with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the surety.
[Section 57 inserted: No. 78 of 1995 s. 43; amended: No. 51 of 2000 s. 9; No. 84 of 2004 s. 46.]
58.Amounts payable by witnesses and sureties for witnesses
In respect of the payment of, or the enforcement of the payment of —
(a)any amount of a witness undertaking entered into by a person under Schedule 4 to the Criminal Procedure Act 2004 that is ordered to be forfeited under section 57 of the Bail Act 1982; or
(b)any amount of a surety undertaking entered into by a person under Schedule 4 to the Criminal Procedure Act 2004 in respect of a witness that is ordered to be forfeited under section 49 of the Bail Act 1982,
Part 4, with any necessary changes, applies in respect of the payment of, and the enforcement of the payment of, the amount as if the amount were a fine imposed on the person.
[Section 58 inserted: No. 84 of 2004 s. 44.]
59A.Automatic registration of amounts payable
(1)Subsection (2) applies to the following orders —
(a)an order to which section 56(a) applies, other than an order to which the Young Offenders Act 1994 section 65(1)(b) applies;
(b)an order to which section 56(ca)(i) or (c), 57 or 58 applies.
(2)When an order to which this subsection applies is made, the amount that is ordered to be forfeited under the order is to be taken to be registered under Part 4 as if the amount were a fine.
(3)If, under the Young Offenders Act 1994 section 65(3)(a), the court must register the amount of a forfeited bail undertaking or forfeited recognisance under this Act, the amount that is forfeited is to be taken to be registered under Part 4 as if the amount were a fine.
(4)This section does not limit the operation of Part 4 as applied by section 56, 57 or 58.
(5)This section does not apply to or in relation to an order to which section 56, 57 or 58 applies if the order was made before the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 94 came into operation.
[Section 59A inserted: No. 20 of 2013 s. 94.]
Part 6 — Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings
In this Part —
fine includes a pecuniary penalty, pecuniary forfeiture, pecuniary compensation and fees, charges and costs payable under a conviction or order of a court in the exercise of summary jurisdiction;
reciprocating court means a court of a reciprocating State or Territory prescribed under section 60 to be a reciprocating court;
reciprocating State or Territory means another State or a Territory prescribed under section 60 to be a reciprocating State or Territory.
60.Prescription of reciprocating States and courts
(1)Regulations may prescribe another State or a Territory, being a State or Territory having laws providing for enforcement in that State or Territory of a fine imposed on a body corporate by a court of summary jurisdiction in this State, to be a reciprocating State or Territory for the purposes of enforcement in this State of a fine imposed on a body corporate by a court having summary jurisdiction in the other State or in the Territory.
(2)Regulations may prescribe a court having summary jurisdiction in a reciprocating State or Territory to be a reciprocating court for the purposes of the enforcement in this State of a fine payable under a conviction or order of that court against a body corporate.
(3)For the purposes of subsection (2) a court may be prescribed singly or in conjunction with another or others by such description or class or by means of such references as is appropriate.
[Section 60 amended: No. 8 of 1996 s. 9.]
61.Enforcement of interstate fine against body corporate
(1)If a reciprocating court, in the exercise of its summary jurisdiction, imposes a fine on a body corporate that has or appears to have property in this State, and the Registrar receives a request in writing from the clerk or other corresponding officer of that reciprocating court for the enforcement of the fine accompanied by —
(a)a certified copy of the order imposing the fine; and
(b)a certificate under the hand of the clerk or corresponding officer making the request certifying the amount of the fine outstanding (the amount outstanding),
the Registrar must —
(c)register the certified copy of the order; and
(d)note the date of the registration on the copy.
(2)On the registration of an order under subsection (1) —
(a)the order, for the purposes of this Part, is deemed to be an order of the Magistrates Court imposing a fine on the body corporate of the amount outstanding; and
(b)the Registrar must issue an enforcement warrant for the purpose of recovering the amount outstanding.
(3)An enforcement warrant is to be directed to the Sheriff of Western Australia and is to be executed under Part 7.
(4)If the Registrar receives, subsequent to the request for enforcement, a notification from the clerk or other corresponding officer of the reciprocating court of payment by or on behalf of the body corporate of an amount in satisfaction in whole or in part of the amount outstanding, the Registrar must —
(a)make a record of the payment; and
(b)if the warrant issued under subsection (2) is unexecuted —
(i)if the amount outstanding has been paid in full — in writing, cancel the warrant and advise the Sheriff accordingly; or
(ii)if part of the amount outstanding remains unpaid — advise the Sheriff accordingly in writing, and thereafter the warrant is to be enforced as to the amount remaining unpaid.
(5)A sum of money paid to or received by the Registrar in satisfaction in whole or in part of the amount outstanding must be remitted forthwith to the clerk or corresponding officer of the reciprocating court by which the fine was imposed.
[Section 61 amended: No. 8 of 1996 s. 9; No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
62.Effect of enforcement by reciprocating court
A sum of money paid to or received by a court of summary jurisdiction in this State from a reciprocating court in satisfaction in whole or in part of a fine imposed by a court of summary jurisdiction enforced by the reciprocating court must be paid to or received by and applied by the court as if the sum had been paid to the court by the body corporate by which the fine was payable in satisfaction in whole or in part of the fine.
[Section 62 amended: No. 59 of 2004 s. 107.]
[Heading amended: No. 48 of 2012 s. 43.]
(1)In this Part —
debtor means —
(a)in relation to a warrant issued under Part 3 — the alleged offender in respect of whom the warrant is issued; or
(b)in relation to a warrant issued under Part 4 — the offender in respect of whom the warrant is issued; or
(c)in relation to a warrant issued under Part 6 — the body corporate in respect of which the warrant is issued;
dwelling means —
(a)a building, structure or tent, or part of a building, structure or tent, that is ordinarily used for human habitation; or
(b)a mobile home,
and it does not matter that it is uninhabited from time to time;
enforcement fees means prescribed fees imposed in connection with proceedings under this Part;
mobile home means a vehicle —
(a)that is ordinarily used for human habitation; and
(b)that is permanently or semi‑permanently stationary in a single location;
personal property does not include any estate or interest in land;
place means any land, building, structure, tent or vehicle, or any part of any land, building, structure, tent or vehicle;
saleable interest, in real or personal property, has the meaning given by section 71(1) or 88(1), as the case requires;
vehicle means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled;
vehicle licensing law —
(a)before the Road Traffic (Vehicles) Act 2012 section 3 comes into operation — means the Road Traffic Act 1974; or
(b)after the Road Traffic (Vehicles) Act 2012 section 3 comes into operation — means that Act;
warning notice means a notice affixed to a vehicle under section 95B(1);
warrant means an enforcement warrant issued under Part 3, 4 or 6.
(2)When this Part refers to removing the immobilisation of a vehicle it means —
(a)if the vehicle was immobilised by a wheel clamp — removing the wheel clamp; or
(b)if the vehicle was immobilised using another means prescribed by the regulations — removing the effect of the means by which the vehicle was immobilised.
[Section 63 amended: No. 14 of 2003 s. 8; No. 59 of 2004 s. 98; No. 48 of 2012 s. 28.]
[64.Deleted: No. 49 of 1997 s. 5.]
65.Warrant has indefinite life
Unless sooner cancelled, a warrant remains in force —
(a)until the amount specified in the warrant, and any enforcement fees, are paid; or
(b)until the amount specified in the warrant, and any enforcement fees, are recovered under the warrant; or
(c)in the case of a warrant issued under Part 4 — until an order to attend for work and development is served on the offender,
whichever happens first.
[Section 65 inserted: No. 48 of 2012 s. 29.]
Division 2 — General functions of the Sheriff
(1)The Sheriff may delegate to a person any power or duty of the Sheriff under another provision of this Act.
(2)The delegation must be in writing signed by the Sheriff.
(3)A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(4)Nothing in this section limits the ability of the Sheriff to perform a function through an officer or agent.
[Section 66 inserted: No. 14 of 2003 s. 9.]
67.Police assistance may be requested
(1)The Sheriff may request members of the Police Force of Western Australia to assist in the exercise of the Sheriff’s powers under this Part and to make inquiries into the whereabouts of a debtor or of property of a debtor.
(2)Members of the Police Force of Western Australia must comply with any such request by the Sheriff as soon as is practicable.
[Section 67 amended: No. 48 of 2012 s. 43.]
68.Sheriff to note time of receipt of warrant
On receipt of a warrant the Sheriff must note on it the date and the time when it was received.
(1)On receipt of a warrant, the Sheriff may stay the execution of the warrant if the debtor enters into and complies with a written or oral arrangement with the Sheriff under which the debtor agrees to pay the amount owed under the warrant and any enforcement fees either —
(a)on or before an agreed date; or
(b)by instalments on or before agreed dates,
in a manner, and at a place, determined by the Registrar under section 8.
(2A)The Sheriff must not enter into an arrangement under subsection (1) unless the debtor gives the Sheriff the debtor’s current address.
(2)As soon as practicable after a debtor enters into an oral arrangement under subsection (1), the Sheriff must serve a written version of it on the debtor.
(3)A failure to comply with subsection (2) does not invalidate the arrangement or any payment made in accordance with it.
(4)The Sheriff may at any time cancel an arrangement entered into under subsection (1) and proceed with executing the warrant or exercising the powers under section 55D.
(5A)If the Sheriff cancels an arrangement made under subsection (1) and a licence suspension order is not in force in respect of the debtor and the amount specified in the warrant under section 21A(3) or 45(4), as the case requires, the Registrar may make or again make a licence suspension order in respect of the debtor.
(5B)For the purposes of subsection (5A) —
(a)if the cancelled arrangement related to a warrant issued under section 21A — section 19(2) to (9), with any necessary changes, apply and a licence suspension order may be made without the issue of a further order to pay or elect under section 17 or further notice of intention to enforce under section 18; or
(b)if the cancelled arrangement related to a warrant issued under section 45 — section 43(2) to (9), with any necessary changes, apply and a licence suspension order may be made without the issue of a further notice of intention to enforce under section 42.
(5)As soon as practicable after cancelling an arrangement under subsection (4), the Sheriff must serve a notice of the fact on the debtor.
(6)A failure to comply with subsection (5) does not invalidate the cancellation, any action taken in connection with executing the warrant, any action taken under section 55D, or any payment made by the debtor after the cancellation.
(7)Despite the fact that the execution of a warrant is stayed under subsection (1), the Sheriff may make an application under section 69.
[Section 68A inserted: No. 14 of 2003 s. 10; amended: No. 48 of 2012 s. 30 and 43.]
68B.Notice of right to apply under s. 101AA to be given for warrants issued under Part 3
(1)In this section —
enforcement action means any of the following actions taken under a warrant —
(a)seizing personal property in accordance with section 71;
(b)seizing land in accordance with section 88;
(c)immobilising a vehicle in accordance with section 95C;
(d)removing number plates from a vehicle in accordance with section 95F.
(2)When the Sheriff takes the first enforcement action under a warrant issued under Part 3, the Sheriff must give the debtor a notice explaining that —
(a)the debtor may apply to the Magistrates Court for an order cancelling the warrant; and
(b)the application must be made within 14 days after the notice is given.
(3)A notice under subsection (2) must be given —
(a)if the first enforcement action is seizing personal property — by serving it on the debtor with the notice of seizure required to be served under section 80; or
(b)if the first enforcement action is seizing land — by serving it on the debtor as soon as practicable after the memorial referred to in section 89 is lodged; or
(c)if the first enforcement action is immobilising a vehicle — by affixing the notice to the vehicle with the notice required to be affixed to the vehicle under section 95C(4); or
(d)if the first enforcement action is removing number plates from a vehicle — by affixing the notice to the vehicle with the notice required to be affixed to the vehicle under section 95F(3).
[Section 68B inserted: No. 48 of 2012 s. 31.]
69.Examination in aid of seizure or exercise of additional powers relating to vehicles
(1)In respect of a warrant, the Sheriff may apply to the Magistrates Court for an order —
(a)that the debtor; or
(b)if the debtor is a body corporate — that a person having the management of the body,
personally attend the court to be examined about —
(c)the existence and whereabouts and value of any property that might be seized under the warrant including any debts due to the debtor; and
(d)the existence and whereabouts of any vehicle licensed in the name of the debtor.
(2)An order under subsection (1) may include an order that the debtor bring and produce to the court any document relevant to the matters about which the debtor may be examined.
(3)Rules of court made under the Magistrates Court (Civil Proceedings) Act 2004 may deal with the practice and procedure relating to examinations under subsection (1).
[Section 69 amended: No. 8 of 1996 s. 9; No. 59 of 2004 s. 107; No. 48 of 2012 s. 32 and 43.]
70.Determining debtor’s interest in property
(1)In this section —
interest, in any property, means any security, charge or lien over, claim on, or right to, the property or any other legal or equitable interest in the property;
public authority means a public sector body (within the meaning of section 3(1) of the Public Sector Management Act 1994), a local government, regional local government or regional subsidiary.
(2)The powers in this section may only be exercised by the Sheriff after receiving a warrant and for the purpose of determining whether and to what extent a debtor has any saleable interest in any personal or real property that might be sold under the warrant.
(3)The Sheriff, in writing, may request any person, other than the debtor, who the Sheriff believes on reasonable grounds has or may have an interest in any such property to disclose to the Sheriff —
(a)the nature of the interest; and
(b)if the interest is a security over the property —
(i)the amount secured against the property; and
(ii)the amount outstanding under the security; and
(iii)the amount and rate of interest accruing; and
(iv)any change that occurs to the terms of the security;
and
(c)the amount of money that is owed to the person in relation to the property; and
(d)any other information the Sheriff considers is or may be relevant to determining the matters in subsection (2).
(4)The Sheriff, in writing, may request a public authority to disclose to the Sheriff the amount of any rates, taxes, service charges, or other amounts, that are due and unpaid in respect of any such real property.
(5)A person, other than a public authority, who contravenes a request made under subsection (3) is guilty of a contempt of the Magistrates Court.
(6)The Sheriff may disclose any information about any property that has been obtained by the Sheriff to any potential purchaser of the debtor’s interest in the property.
[Section 70 inserted: No. 59 of 2004 s. 99; amended: No. 43 of 2012 s. 43; No. 26 of 2016 s. 56.]
70A.Personal property to be sold in preference to real property
(1)Under a warrant, a debtor’s saleable interest in any real property must not be sold unless the Sheriff is satisfied that the amount that is reasonably likely to be realised from selling the debtor’s saleable interest in any personal property under the warrant will not be sufficient to satisfy the amount owed under the warrant and any enforcement fees.
(2)Subsection (1) does not prevent a debtor’s saleable interests in real property and in personal property being sold at the same time.
[Section 70A inserted: No. 59 of 2004 s. 99; amended: No. 48 of 2012 s. 43.]
70B.Only sufficient property to be sold
(1)Under a warrant, the Sheriff must not sell more property than is sufficient, in the Sheriff’s opinion, to wholly satisfy the amount owed under the warrant and the enforcement fees.
(2)Subsection (1) does not prevent the Sheriff from making one or more additional sales of property if a sale of property has not been sufficient to satisfy the amount owed under the warrant and the enforcement fees.
[Section 70B inserted: No. 59 of 2004 s. 99.]
70C.Seized property, Sheriff to determine fair value of
(1)Before selling a debtor’s saleable interest in any personal or real property under a warrant, the Sheriff must take reasonable steps to determine a fair value for the interest.
(2)For the purposes of determining a fair value the Sheriff may —
(a)request the debtor to provide the Sheriff with such information relevant to the value of the interest as is known to the debtor or is reasonably capable of being ascertained by the debtor;
(b)if the nature and apparent value of the interest is such that it is reasonable to do so, engage a suitably qualified and experienced person to give the Sheriff a written valuation of the interest.
[Section 70C inserted: No. 59 of 2004 s. 99; amended: No. 48 of 2012 s. 43.]
If a person other than the debtor has any legal or equitable interest in any personal or real property in which the debtor has a saleable interest, that interest and that of the debtor may be sold together if —
(a)the Sheriff is of the opinion that such a sale is desirable; and
(b)the other person consents in writing; and
(c)the Sheriff and the other person agree in writing before the sale as to the division of —
(i)the expenses of and incidental to the sale or any attempted sale of the property; and
(ii)the proceeds of the sale after payment of those expenses.
[Section 70D inserted: No. 59 of 2004 s. 99; amended: No. 48 of 2012 s. 43.]
(1)The Sheriff must advertise any intended sale under a warrant of a debtor’s saleable interest in personal or real property in a reasonable manner.
(2)A debtor’s saleable interest in personal or real property must not be sold under a warrant unless at least 7 days have elapsed since the intended sale was first advertised under subsection (1).
(3)Despite subsections (1) and (2), perishable personal property may be sold without having advertised its intended sale.
(4)If a warrant was issued under Part 3, an offender’s saleable interest in real or personal property must not be sold under the warrant unless either —
(a)14 days have elapsed since the notice under section 68B was given to the debtor, and no application has been made to the Magistrates Court under section 101AA in respect of the warrant; or
(b)any application made to the Magistrates Court under section 101AA has been disposed of (within the meaning of that section), and the warrant remains in force.
[Section 70E inserted: No. 59 of 2004 s. 99; amended: No. 48 of 2012 s. 33 and 43.]
Division 3 — Seizure and sale of personal property
71.Enforcement warrant, effect of
(1)In this section —
saleable interest, in personal property, means any legal or equitable interest in the property that can be disposed of according to law.
(2)A warrant issued in respect of a debtor —
(a)applies to any saleable interest that the debtor has in any personal property at the time when the Sheriff receives the warrant; and
(b)entitles the Sheriff —
(i)to seize any such property in which the debtor has a saleable interest and to sell that interest; and
(ii)to seize any money of the debtor; and
(iii)to seize any cheque, bill of exchange, promissory note, bond, specialty, or other security for money, by virtue of which money is or may be payable to the debtor, and to deal with it in accordance with section 77; and
(iv)to apply the proceeds of the sale, the money, and any money received or recovered under section 77, in accordance with section 96.
(3)The Sheriff’s entitlement applies even if the debtor’s saleable interest in any personal property is held jointly or in common with another or others.
(4)The Sheriff may take any reasonable action that the Sheriff considers necessary or convenient for the purposes of subsection (2)(b).
(5)If, after the Sheriff receives the warrant, a person acquires an interest in any goods to which the warrant applies, the person does so subject to the Sheriff’s entitlement in subsection (2) unless, at the time of acquiring the interest —
(a)the person acquired it in good faith and for valuable consideration; and
(b)the person had no notice of the fact that the Sheriff had received the warrant and that it was in effect.
[Section 71 inserted: No. 59 of 2004 s. 100; amended: No. 48 of 2012 s. 43.]
[72, 73.Deleted: No. 59 of 2004 s. 100.]
74.Seizing personal property, powers enabling
(1)Under a warrant the Sheriff, using any force and assistance that is reasonably necessary in the circumstances, may do any or all of the following —
(a)enter any place where the Sheriff believes on reasonable grounds there is or may be personal property that may be seized under the warrant, or a record evidencing the title to such property, for the purpose of searching for and seizing it;
(b)from time to time re‑enter any such place where any such property or record is for the purpose of performing the Sheriff’s functions under the warrant and this Act in relation to the property;
(c)seize and remove any such property or record;
(d)make or print out, and keep, a copy of any such record and for that purpose —
(i)seize and remove, for no more than 7 days, any computer or other thing on which any such record is or may be stored;
(ii)operate the computer or other thing;
(iii)direct a person who has the custody or control of any such record, computer or thing to make or print out a copy of the record or to operate the computer or thing;
(e)take reasonable measures to secure or protect any such property, record, computer or thing against damage or unauthorised removal or interference.
(2)The powers in subsection (1)(a) and (b) —
(a)may be exercised at any time of the day or night in respect of a place that is not a dwelling; and
(b)must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.
(3)Despite subsection (2)(b), if —
(a)the consent referred to in subsection (2)(b) is unreasonably withheld; or
(b)the Sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,
the Sheriff may exercise the powers in subsection (1)(a) and (b) without that consent, at any time of the day or night.
(4)A person who disobeys a direction given under subsection (1)(d)(iii) commits an offence.
Penalty: Imprisonment for 12 months.
[Section 74 inserted: No. 59 of 2004 s. 101.]
75.Property that cannot be seized and sold
The following personal property of a debtor must not be seized or sold under a warrant —
(a)property that the debtor holds in trust for another person and in which the debtor does not have a beneficial interest;
(b)wearing apparel and personal items that are of a kind and value prescribed by the regulations;
(c)household property that is of a kind and value prescribed by the regulations;
(d)property that is used by the debtor to earn income by personal exertion of a value that does not exceed the amount prescribed by the regulations.
[Section 75 inserted: No. 59 of 2004 s. 102; amended: No. 48 of 2012 s. 43.]
(1)If the Sheriff seizes any document relating to any business or undertaking of the debtor it must not be retained for longer than 7 days.
(2)The Sheriff may copy any document seized.
(3)Subsection (1) does not apply to any cheque, bill of exchange, promissory note, bond, specialty or other security for money that the Sheriff seizes.
[Section 76 amended: No. 48 of 2012 s. 43.]
(1)If the Sheriff seizes any cheque, bill of exchange, promissory note, bond, specialty or other security for money, the Sheriff may receive any money payable under it from the person liable to pay and may, when payment of the money is due —
(a)demand payment; and
(b)in the name of the debtor, sue the person liable to pay.
(2)For the purposes of receiving payment under any document referred to in subsection (1), the Sheriff is to be taken to be the agent of the debtor.
(3)Payment to the Sheriff by the person liable under such a document discharges the person’s liability to pay to the extent of the payment.
[Section 77 amended: No. 48 of 2012 s. 43.]
78.Debts due to debtor to be paid to Sheriff
(1)Under a warrant the Sheriff may serve a person who appears to the Sheriff to owe money to the debtor with a notice warning the person not to pay the money to any person other than the Sheriff.
(2)After a person is served with such a notice and until the Sheriff cancels the notice in writing, the person must not pay the money to any person other than the Sheriff.
(3)If a person makes a payment in contravention of subsection (2), the person is liable to the Sheriff for the amount so paid.
(4)The Sheriff must not serve a notice under subsection (1) in relation to —
(a)compensation that is or may become payable under the Criminal Injuries Compensation Act 2003; or
(b)money of a kind prescribed by the regulations.
[Section 78 amended: No. 48 of 2012 s. 43; No. 25 of 2020 s. 6.]
[79.Deleted: No. 59 of 2004 s. 107.]
(1)On seizing personal property of a debtor the Sheriff must issue a notice of seizure.
(2)A notice of seizure must be served on the debtor and, if the person who has custody of the property when it is seized is not the debtor, on that person.
(3)A notice of seizure must —
(a)name the debtor; and
(b)state the amount owed under the warrant and any enforcement fees owed; and
(c)describe the personal property seized; and
(d)explain that the property has been seized and that unless the amount owed under the warrant and any enforcement fees are paid, the property will be sold to recover them.
[(4)deleted]
(5)If the Sheriff releases any personal property from seizure the Sheriff must serve any person on whom a notice of seizure was served with a notice of release.
[Section 80 amended: No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
(1)Until it is sold, seized personal property is to be kept in such custody as the Sheriff decides.
(2)Seized personal property may be left in the custody of the debtor or another person if the debtor or person, in writing, consents and agrees —
(a)to be responsible for its safekeeping; and
(b)not to move it, or allow it to be moved, without the prior consent of the Sheriff; and
(c)not to give custody or possession of it to another person without the prior consent of the Sheriff.
(3)If the Sheriff leaves seized personal property in the custody of the debtor or another person, the Sheriff is not to be taken as having abandoned the property.
(4)If the Sheriff seizes any record relating to a business or undertaking of the debtor or another person, it must not be retained for longer than 7 days.
(5)Subsection (4) does not apply to any cheque, bill of exchange, promissory note, bond, specialty or other security for money.
[Section 81 inserted: No. 59 of 2004 s. 103; amended: No. 48 of 2012 s. 43.]
[82‑84.Deleted: No. 59 of 2004 s. 107.]
(1)Any sale of personal property under a warrant is to be by public auction or by private agreement, as the Sheriff thinks fit.
(2)Seized personal property may be sold at the place of seizure or at any other place, as the Sheriff thinks fit.
(1)Personal property seized under a warrant is not to be sold at a price that is substantially below its fair value as determined by the Sheriff.
(2)If by reason of subsection (1), the Sheriff is unable to sell property, the Sheriff is to serve the debtor with a written notice advising the debtor —
(a)that the property is unable to be sold for a price that is not substantially below its fair value as determined by the Sheriff; and
(b)that unless the debtor pays the Sheriff the amount owed under the warrant and the enforcement fees, the property may be sold at any price.
(3)If within a reasonable time after a debtor is served with such a notice, the amount owed under the warrant and the enforcement fees are not paid the property may be sold at any price.
(4)Subsections (1) to (3) do not apply to personal property that is of a perishable nature.
[Section 86 amended: No. 48 of 2012 s. 43.]
87.Sale passes good title: protection of Sheriff
(1)If when any personal property is sold under a warrant the Sheriff has not received notice of a claim to the property or any interest in it from a person other than the debtor —
(a)the purchaser of the property acquires a good title to it; and
(b)the Sheriff is not liable to any person in respect of the sale of the property unless it is proved that the Sheriff had notice or, by making reasonable inquiries, might have ascertained, that the debtor did not own or have any interest in the property.
(2)Subsection (1) does not affect the entitlement of a claimant to any remedy against a person, other than the Sheriff or the purchaser of the property, if the claimant proves that at the time of the sale of the property the claimant had a title to the property.
[Section 87 amended: No. 48 of 2012 s. 43.]
Division 4 — Seizure and sale of land
(1)In this section —
saleable interest, in real property, means any legal or equitable estate or interest in the property that can be disposed of according to law.
(2)A warrant issued in respect of a debtor —
(a)applies to —
(i)any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the debtor has at the time when the warrant is registered under section 133 of that Act in respect of the interest;
(ii)any saleable interest that is not registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the debtor has at the time when the Sheriff receives the warrant;
(iii)any saleable interest in any other real property in the State that the debtor has at the time when the Sheriff receives the warrant;
and
(b)entitles the Sheriff —
(i)to seize the land; and
(ii)to sell the saleable interest; and
(iii)to apply the proceeds in accordance with section 96.
(3)The Sheriff’s entitlement applies even if the debtor’s saleable interest is held jointly or in common with another or others.
(4)Under a warrant, the Sheriff must not sell any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act unless, at the time of the sale, the warrant is registered under section 133 of that Act in respect of the interest.
(5)If, after the Sheriff receives a warrant, a person acquires an interest in any real property to which the order applies, the person does so subject to the Sheriff’s entitlement in subsection (2) unless, at the time of acquiring the interest —
(a)the person acquired it in good faith and for valuable consideration; and
(b)the person had no notice of the fact that the Sheriff had received the warrant and that it was in effect; and
(c)the warrant had not been registered under the Registration of Deeds Act 1856.
(6)Subsection (5) does not apply to or in relation to an interest acquired in any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act.
[Section 88 inserted: No. 59 of 2004 s. 104; amended: No. 48 of 2012 s. 43.]
(1)Actual seizure of real property by physical occupation or other means before any saleable interest in it is sold under a warrant is not necessary.
(2)Under a warrant, seizure of land is to be effected by the Sheriff lodging with the Registrar of Titles or the Registrar of Deeds and Transfers (as the case requires) —
(a)a memorial in the prescribed form describing the land and setting out the amount owed under the warrant and the enforcement fees owed; and
(b)a copy of the warrant.
(3)The signature of the Sheriff on the memorial does not have to be attested.
(4)In the case of land under the operation of the Transfer of Land Act 1893, the Registrar of Titles, under that Act, must register or enter the memorial in the Register Book in respect of the land described.
(5)In the case of land under the operation of the Registration of Deeds Act 1856, the Registrar of Deeds and Transfers, under that Act, must register the memorial.
(6)When a memorial is registered under subsection (4) or (5), the Registrar of Titles or the Registrar of Deeds and Transfers, as the case may be, must serve the debtor with a copy of the memorial.
(7)On the registration of a memorial under subsection (4) and until it is cancelled, the Registrar of Titles is prohibited from registering and from accepting for registration any instrument affecting any estate or interest in the land without the consent of the Sheriff.
(8)On the registration of a memorial under subsection (5), any instrument affecting the land and lodged for registration after registration of the memorial and before cancellation of the memorial is of no effect.
(9)A memorial registered under this section has effect until it is cancelled under section 90.
[Section 89 amended: No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
(1)The Sheriff —
(a)may at any time cancel a memorial for good reason;
(b)if the warrant ceases to be in force, must cancel a memorial forthwith,
by lodging a withdrawal of memorial in the prescribed form with the Registrar of Titles or the Registrar of Deeds and Transfers, as the case requires.
(2)The Registrar of Titles and the Registrar of Deeds and Transfers must give effect to a withdrawal of memorial when it is lodged.
(1)Under a warrant the Sheriff, using any force and assistance that is reasonably necessary in the circumstances, may enter any real property in which the debtor has a saleable interest for the purposes of performing the Sheriff’s functions under the warrant and this Act in relation to the interest.
(2)Without limiting subsection (1), the Sheriff may —
(a)enter the real property with any prospective purchaser of the debtor’s saleable interest; and
(b)conduct any sale of the interest on the property.
(3)The powers in subsections (1) and (2) —
(a)may be exercised at any time of the day or night in respect of a place that is not a dwelling; and
(b)must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.
(4)Despite subsection (3)(b), if —
(a)the consent referred to in subsection (3)(b) is unreasonably withheld; or
(b)the Sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,
the Sheriff may exercise the powers in subsections (1) and (2) without that consent, at any time of the day or night.
[Section 91 inserted: No. 59 of 2004 s. 105; amended: No. 48 of 2012 s. 43.]
91A.Debtor may be permitted to sell or mortgage real property
(1)The Sheriff may permit the debtor to sell or mortgage the debtor’s saleable interest in any real property to which a warrant applies.
(2)The Sheriff’s permit must —
(a)be in writing; and
(b)require the amount of any deposit paid in respect of any sale of the interest to be paid to the Sheriff to be held by the Sheriff as stakeholder; and
(c)state the minimum amount (including any such deposit) that must be paid to the Sheriff out of the money realised from any sale or mortgage of the interest; and
(d)state the date on which the permit expires; and
(e)contain any other information that is prescribed by the regulations.
(3)The Sheriff’s permit may include any conditions that the Sheriff considers necessary.
(4)While the Sheriff’s permit is in force, the Sheriff must not sell the saleable interest under the warrant.
(5)If while the Sheriff’s permit is in force —
(a)the debtor sells or mortgages the interest; and
(b)in the case of a sale, the amount of any deposit paid is paid to the Sheriff in accordance with the permit; and
(c)in any case, either —
(i)an amount not less than the minimum amount stated in the permit is paid to the Sheriff; or
(ii)with the Sheriff’s consent, an amount less than the minimum amount stated in the permit is paid to the Sheriff,
then —
(d)any liability of the purchaser or mortgagee to pay the debtor the money paid to the Sheriff is extinguished; and
(e)the Sheriff must consent to the registration under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 of any documents that relate to the sale or mortgage; and
(f)the Sheriff must apply the money received in accordance with section 96 as if they were the proceeds of a sale under the warrant.
[Section 91A inserted: No. 59 of 2004 s. 105; amended: No. 48 of 2012 s. 43.]
(1)Subject to any order made by a court under this section, the sale under a warrant of a debtor’s saleable interest in real property —
(a)may be conducted on the property or at any other place, as the Sheriff thinks fit; and
(b)must be by public auction; and
(c)must not be for less than a fair value of the interest.
(2)The Sheriff may apply to the Magistrates Court for an order as to any or all of the following in relation to a saleable interest to which warrant applies —
(a)that the interest may be sold by public tender;
(b)that the interest may be sold by private agreement;
(c)that the interest may be sold for an amount that is less than a fair value of the interest.
(3)The debtor is entitled to be heard on an application made under subsection (2).
(4)The court may make any or all of such orders.
(5)When or after making an order under subsection (2)(c) a court may order that the interest not be sold for less than an amount set by the court.
[Section 91B inserted: No. 59 of 2004 s. 105; amended: No. 48 of 2012 s. 43.]
92.Sale and transfer of land seized
(1)Subject to this Division, a warrant has effect in respect of land of the debtor as if the warrant were a property (seizure and sale) order issued under the Civil Judgments Enforcement Act 2004 and the debtor were the judgment debtor named in the order.
(2)If land is sold under a warrant, a transfer or deed of conveyance of the land signed by the Sheriff shall, subject to the Transfer of Land Act 1893, give to the purchaser as good and sufficient an estate in or title to the land as the debtor in respect of whom the warrant was issued has or can or may have in or to the land.
[Section 92 amended: No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
93.Making claim to property seized
(1)A person (the claimant), other than the debtor, who claims any property, or any interest in any property, seized under a warrant or any of the proceeds of the sale of the property, may give the Sheriff written notice of the claim.
(2)The notice must describe the property claimed and set out the basis of the claim and must give an address for service for the claimant.
[Section 93 amended: No. 48 of 2012 s. 43.]
94.Sheriff may admit or dispute claim
(1)The Sheriff may admit or dispute a claimant’s claim.
(2)If the Sheriff disputes a claim the Sheriff may apply for relief by way of interpleader —
(a)if the property concerned is personal property (as defined in section 71), in the Magistrates Court at the place nearest to where the property claimed is situated; or
(b)if the property concerned is land, in the Supreme Court.
(3)On an application under subsection (2)(a) a magistrate has the same powers as a Supreme Court judge has on an application by the Sheriff in the case of property taken in execution under process issued by the Supreme Court.
(4)Rules of court made under section 167 of the Supreme Court Act 1935 or the Magistrates Court (Civil Proceedings) Act 2004 may deal with the practice and procedure relating to claims and applications for relief by way of interpleader.
[Section 94 amended: No. 59 of 2004 s. 107.]
Division 6A — Additional powers relating to vehicles
[Heading inserted: No. 48 of 2012 s. 34.]
Subdivision 1 — General provisions
[Heading inserted: No. 48 of 2012 s. 34.]
This Division applies to a warrant issued under Part 3 or 4.
[Section 95A inserted: No. 48 of 2012 s. 34.]
(1)A warrant issued in respect of a debtor entitles the Sheriff to affix a notice that complies with subsection (2) to one or more vehicles licensed in the name of the debtor.
(2)The notice must include information about the enforcement action that may be taken by the Sheriff in relation to the vehicle under this Division.
(3)The power in subsection (1) may be exercised whether or not the Sheriff has previously exercised any other powers under the warrant in relation to the vehicle.
[Section 95B inserted: No. 48 of 2012 s. 34.]
Subdivision 2 — Immobilisation of vehicles
[Heading inserted: No. 48 of 2012 s. 34.]
95C.Immobilisation of vehicles
(1)A warrant issued in respect of a debtor entitles the Sheriff to immobilise one or more vehicles licensed in the name of the debtor using —
(a)one or more wheel clamps; or
(b)another means prescribed by the regulations.
(2)A vehicle must not be immobilised under a warrant at a particular place unless the Sheriff is satisfied that immobilising the vehicle at that place will not —
(a)cause the vehicle to be parked in contravention of a written law; or
(b)cause undue inconvenience to persons other than the debtor.
(3)A vehicle must not be immobilised under a warrant if, at the time of the immobilisation —
(a)the number plates of the vehicle have been removed in accordance with section 95F; and
(b)the number plates have not been returned to the debtor.
(4)If the Sheriff immobilises a vehicle under a warrant, the Sheriff must affix to the vehicle a notice that complies with subsection (5).
(5)A notice affixed to a vehicle under subsection (4) must include at least the following information —
(a)that a warrant has been issued in respect of the holder of the vehicle licence; and
(b)the time at which the vehicle was immobilised; and
(c)that it is an offence to remove the notice while the vehicle remains immobilised under a warrant; and
(d)information about what the debtor may do to have the immobilisation of the vehicle removed; and
(e)that the Sheriff may take further enforcement action against the debtor if the debtor does not pay the amount owed under the warrant and any enforcement fees; and
(f)any other information prescribed by the regulations.
(6)A notice under subsection (4) may be in 2 parts.
[Section 95C inserted: No. 48 of 2012 s. 34.]
95D.Removal of immobilisation of vehicle
(1)The Sheriff may at any time remove the immobilisation of a vehicle that has been immobilised under a warrant.
(2)If —
(a)a vehicle is immobilised under a warrant; and
(b)the warrant ceases to be in force,
the Sheriff must remove the immobilisation of the vehicle as soon as practicable.
[Section 95D inserted: No. 48 of 2012 s. 34.]
95E.Offences relating to immobilisation of vehicles
(1)A person must not, without reasonable excuse, remove a vehicle that is immobilised under a warrant from the place at which it is immobilised.
Penalty: a fine of $2 000.
(2)A person must not, without reasonable excuse —
(a)interfere with or remove a wheel clamp by which a vehicle is immobilised under a warrant; or
(b)otherwise remove the immobilisation of a vehicle immobilised under a warrant.
Penalty: a fine of $2 000.
(3)A person must not, without reasonable excuse, interfere with or remove a notice affixed to a vehicle under section 95C(4), or any part of such a notice, at any time while the vehicle is immobilised under a warrant.
Penalty for an offence under subsection (3): a fine of $2 000.
[Section 95E inserted: No. 48 of 2012 s. 34.]
Subdivision 3 — Removal of number plates
[Heading inserted: No. 48 of 2012 s. 34.]
(1)A warrant issued in respect of a debtor entitles the Sheriff to remove the number plates from one or more vehicles licensed in the name of the debtor.
(2)The number plates of a vehicle must not be removed under a warrant if —
(a)the vehicle has been immobilised under a warrant; and
(b)the immobilisation of the vehicle has not been removed.
(3)If the Sheriff removes the number plates of a vehicle under this section, the Sheriff must affix to the vehicle a notice that complies with subsection (4).
(4)A notice affixed to a vehicle under subsection (3) must include at least the following information —
(a)that a warrant has been issued in respect of the holder of the vehicle licence; and
(b)the time at which the number plates were removed; and
(c)that the vehicle licence has been suspended and the debtor is disqualified from holding or obtaining a vehicle licence for the vehicle; and
(d)that it is an offence to remove the notice before the number plates are returned or a vehicle licence cancellation order is made in respect of the vehicle; and
(e)information about what the debtor may do to have the number plates returned; and
(f)that the Sheriff may take further enforcement action against the debtor if the debtor does not pay the amount owed under the warrant and any enforcement fees; and
(g)any other information prescribed by the regulations.
(5)A notice under subsection (3) may be in 2 parts.
(6)Subject to sections 95H and 95J, number plates removed under a warrant are to be kept in safe custody by the Sheriff.
[Section 95F inserted: No. 48 of 2012 s. 34.]
95G.Vehicle licence suspension order made when number plates are removed
(1)At the time the number plates of a vehicle are removed under a warrant, the Sheriff must make a vehicle licence suspension order in respect of the vehicle.
(2)A vehicle licence suspension order is an order disqualifying the debtor from holding or obtaining a vehicle licence for the vehicle.
(3)As soon as practicable after the number plates of a vehicle are removed under a warrant —
(a)the Sheriff must advise the Registrar of the terms of the order; and
(b)the Registrar must advise the Director General of the terms of the order.
(4)For the purposes of this Act and a vehicle licensing law, a vehicle licence suspension order made under subsection (1) —
(a)takes effect when the number plates are removed; and
(b)is in force from the time it takes effect to the time when it is cancelled.
(5)If —
(a)a vehicle licence suspension order is made under subsection (1) when the number plates of a vehicle are removed under a warrant; and
(b)either —
(i)the warrant ceases to be in force; or
(ii)the number plates are returned to the debtor; or
(iii)a vehicle licence cancellation order is made in respect of the vehicle under section 95J,
the vehicle licence suspension order is taken to be cancelled.
(6)If a vehicle licence suspension order is cancelled under subsection (5), the Registrar must notify the Director General of the cancellation as soon as practicable.
[Section 95G inserted: No. 48 of 2012 s. 34.]
(1)If the number plates of a vehicle licensed in the name of a debtor have been removed under a warrant, the Sheriff may at any time return the number plates to the debtor.
(2)If —
(a)the number plates of a vehicle licensed in the name of a debtor have been removed under a warrant; and
(b)the warrant ceases to be in force; and
(c)a vehicle licence cancellation order has not been made in respect of the vehicle under section 95J; and
(d)the vehicle remains licensed in the name of the debtor,
the Sheriff must return the number plates to the debtor as soon as practicable.
(3)Without limiting subsections (1) and (2), the Sheriff may return number plates to a debtor by —
(a)notifying the debtor in writing that the debtor may collect the number plates from a place and during periods specified in the notice; and
(b)making the number plates available for collection in accordance with the notice.
[Section 95H inserted: No. 48 of 2012 s. 34.]
95I.Offence of interfering with or removing notice
(1)In this section —
affected vehicle means a vehicle from which the number plates have been removed under a warrant.
(2)A person who, without reasonable excuse, interferes with or removes a notice affixed to an affected vehicle under section 95F(3), or any part of such a notice, commits an offence unless —
(a)the number plates have been returned to the debtor in whose name the vehicle is licensed; or
(b)a vehicle licence cancellation order has been made in respect of the vehicle under section 95J.
Penalty: a fine of $2 000.
[Section 95I inserted: No. 48 of 2012 s. 34.]
Subdivision 4 — Vehicle licence cancellation orders
[Heading inserted: No. 48 of 2012 s. 34.]
95J.Vehicle licence cancellation order
(1)If —
(a)the number plates of a vehicle licensed in the name of a debtor have been removed under a warrant; and
(b)28 days have elapsed since the day on which the number plates were removed; and
(c)the warrant remains in force,
the Sheriff may make a vehicle licence cancellation order in respect of the vehicle.
(2)A vehicle licence cancellation order is an order —
(a)cancelling the vehicle licence of a vehicle specified in the order; and
(b)disqualifying the debtor from holding or obtaining a vehicle licence in respect of that vehicle.
(3)If the Sheriff makes a vehicle licence cancellation order, the Sheriff must —
(a)serve a copy of the order on the debtor; and
(b)advise the Registrar of the terms of the order; and
(c)give the number plates that were removed from the vehicle to the Director General.
(4)As soon as practicable after receiving advice under subsection (3), the Registrar must advise the Director General of the terms of the vehicle licence cancellation order.
(5)For the purposes of this Act and a vehicle licensing law, a vehicle licence cancellation order takes effect when it is made.
(6)If —
(a)a vehicle licence cancellation order is made in respect of a vehicle and a debtor; and
(b)the warrant under which the order is made ceases to be in force,
the vehicle licence cancellation order is taken to be cancelled to the extent that the order would disqualify the debtor from holding or obtaining a vehicle licence in respect of that vehicle.
(7)If a vehicle licence cancellation order is cancelled under subsection (6), the Registrar must notify the Director General of the cancellation as soon as practicable.
(8)The making of a vehicle licence cancellation order under this section in relation to a vehicle does not entitle the debtor to the refund of any fee paid in respect of the grant or renewal of the vehicle licence.
[Section 95J inserted: No. 48 of 2012 s. 34.]
Subdivision 5 — Powers for this Division
[Heading inserted: No. 48 of 2012 s. 34.]
95K.Powers enabling immobilisation of vehicles and removal of number plates etc.
(1)Under a warrant, using any force and assistance that is reasonably necessary in the circumstances, the Sheriff may do any or all of the following —
(a)enter any place that is occupied by the debtor for the purpose of immobilising, removing the number plates of, or affixing a warning notice to, a vehicle licensed in the name of the debtor;
(b)enter any place that —
(i)is not occupied by the debtor; and
(ii)is not a public place,
for the purpose of immobilising, removing the number plates of, or affixing a warning notice to, a vehicle licensed in the name of the debtor;
(c)from time to time re‑enter any place described in paragraph (a) or (b) for the purpose of performing the Sheriff’s functions under this Act and the warrant.
(2)The powers in —
(a)subsection (1)(a); and
(b)subsection (1)(c), to the extent that it applies in relation to a place referred to in subsection (1)(a),
may be exercised at any time of the day or night.
(3)The powers in —
(a)subsection (1)(b); and
(b)subsection (1)(c), to the extent that it applies in relation to a place referred to in subsection (1)(b),
may be exercised at any time of the day or night but must not be exercised without the consent of the occupier of the place or, if there is no occupier, the owner.
(4)Despite subsection (3), if —
(a)the consent referred to in subsection (3) is unreasonably withheld; or
(b)the Sheriff, after reasonable attempts to do so, cannot contact the owner or occupier of the place,
the Sheriff may exercise the powers referred to in subsection (3) without that consent.
[Section 95K inserted: No. 48 of 2012 s. 34.]
95.Priority of warrant over writs etc.
(1)A warrant (as defined in section 63) has priority over any property (seizure and sale) order issued under the Civil Judgments Enforcement Act 2004, despite that Act and section 133 of the Transfer of Land Act 1893.
(2)If there are 2 or more warrants (as defined in section 63) issued in respect of a debtor, they have priority according to the time of receipt by the Sheriff.
[Section 95 amended: No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
96.How amounts recovered to be applied
(1)The Sheriff is to apply the money from the sale of property under a warrant (the proceeds) in accordance with this section.
(2)Firstly, the proceeds are to be applied in the payment of the expenses of, and incidental to, the sale and any attempted sale of the property.
(3)Secondly, subject to —
(a)any agreement made by the Sheriff with a person under section 82; and
(b)any claim admitted by the Sheriff under section 94; and
(c)the rights or entitlements of a person, other than the debtor, having an interest in the property sold, if that interest was registered under the Personal Properties Securities Act 2009 (Commonwealth), the Transfer of Land Act 1893, the Registration of Deeds Act 1856 or the Corporations Act 2001 (Commonwealth), in respect of the property before it was seized by the Sheriff,
the proceeds are to be applied in the payment of the enforcement fees.
(4)Thirdly, the proceeds are to be applied in the payment to the Registrar of the amount owed under the warrant.
(5)Fourthly, the proceeds are to be applied in the payment of any surplus to the debtor.
(6)Enforcement fees recovered under a warrant are to be credited to the Consolidated Account.
(7)In subsection (3), registered includes protected by means of a caveat lodged under the Transfer of Land Act 1893.
[Section 96 amended: No. 10 of 2001 s. 220; No. 77 of 2006 s. 4; No. 42 of 2011 s. 18; No. 48 of 2012 s. 43.]
97.Warrant may be satisfied at any time
(1)Despite any other provision in this Part, a debtor may at any time before the sale of any property under a warrant, pay to the Sheriff the amount owed under the warrant and the enforcement fees owed.
(2)When the amount owed under a warrant and the enforcement fees are paid, or recovered from the sale of property, the warrant ceases to be in force.
[Section 97 amended: No. 48 of 2012 s. 43.]
98A.Seized property to be released if warrant ceases to be in force
If —
(a)a warrant ceases to be in force; and
(b)at the time of the cessation, property has been seized under the warrant but has not been sold,
the Sheriff must release the property from seizure as soon as practicable.
[Section 98A inserted: No. 48 of 2012 s. 35.]
98.Sheriff exempt from some licensing requirements
(1)The Sheriff and any delegate of the Sheriff may sell property seized under a warrant without holding any licence to do so that is required under a written law.
(2)Subsection (1) does not prevent the Sheriff from engaging a person with an appropriate licence under a written law to sell property seized under a warrant.
[Section 98 inserted: No. 59 of 2004 s. 106.]
The Sheriff and any delegate of the Sheriff is exempt from paying fees under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 in connection with any matter arising out of or in connection with the performance of his or her functions under a warrant.
[Section 99 amended: No. 42 of 2011 s. 19.]
[100.Deleted: No. 78 of 1995 s. 44.]
101.Justices may set aside licence suspension order made under Part 3
(1)A person in respect of whom a licence suspension order has been made under Part 3 (the applicant) may apply to the Magistrates Court for an order cancelling the licence suspension order.
(1a)A person cannot apply if the person has previously applied in relation to the licence suspension order or in relation to any other licence suspension order made in respect of the infringement notice to which the licence suspension order relates, and the application was refused.
(2)The application must be made in accordance with the Magistrates Court’s rules of court.
(2a)A licence suspension order that is in force at the time when an application is made does not cease to be in force by reason only of the making of the application.
(3)If on an application the applicant satisfies the Court that the applicant received none of the following:
(a)the infringement notice that gave rise to the licence suspension order;
(b)the final demand issued under section 14 in respect of the infringement notice;
(c)the order to pay or elect issued under section 17 in respect of the infringement notice;
(d)the notice of intention to enforce issued under section 18 in respect of the infringement notice;
(e)the notice confirming licence suspension issued under section 19(6),
the Court may make an order cancelling the licence suspension order.
(3a)An order cancelling the licence suspension order is not to be made unless the Commissioner of Police has been given an opportunity to be heard in relation to the application for the order.
(4)A licence suspension order that is cancelled by an order made under subsection (3) is to be taken as having been cancelled as at the time the licence suspension order was made.
[Section 101 amended: No. 8 of 1996 s. 6; No. 51 of 2000 s. 10; No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
101AA.Magistrates Court may set aside enforcement warrant issued under Part 3
(1)In this section —
disposed of means determined, dismissed or discontinued.
(2)A person in respect of whom an enforcement warrant has been issued under Part 3 (the applicant) may apply to the Magistrates Court for an order cancelling the warrant.
(3)The application must be made no later than 14 days after the Sheriff gives the applicant the notice under section 68B in respect of the enforcement warrant.
(4)A person cannot apply if the person has previously applied in relation to the enforcement warrant or in relation to any other enforcement warrant made in respect of the infringement notice to which the warrant relates, and the application was refused.
(5)The application must be made in accordance with the Magistrates Court’s rules of court.
(6)An enforcement warrant that is in force at the time when an application is made under subsection (2) does not cease to be in force by reason only of the making of the application, but no further action is to be taken under the warrant until the application is disposed of.
(7)If on an application the applicant satisfies the Court that the applicant received none of the following —
(a)the infringement notice that gave rise to the warrant;
(b)the final demand issued under section 14 in respect of the infringement notice;
(c)the order to pay or elect issued under section 17 in respect of the infringement notice;
(d)the notice of intention to enforce issued under section 18 in respect of the infringement notice;
(e)any notice confirming licence suspension issued under section 19(6) in respect of the infringement notice,
the Court may make an order cancelling the enforcement warrant.
(8)If the Court makes an order cancelling an enforcement warrant Part 3 applies in relation to the infringement notice to which the warrant relates as if the Registrar had never issued the warrant.
[Section 101AA inserted: No. 48 of 2012 s. 36.]
101A.Justices may set aside licence suspension order made under Part 4
(1)A person in respect of whom a licence suspension order has been made under Part 4 (the applicant) may apply to the Magistrates Court for an order cancelling the licence suspension order.
(2)A person cannot apply if the person has previously applied in relation to the licence suspension order or in relation to any other licence suspension order made in respect of the fine to which the licence suspension order relates, and the application was refused.
(3)The application must be made in accordance with the Magistrates Court’s rules of court.
(4)A licence suspension order that is in force at the time when an application is made does not cease to be in force by reason only of the making of the application.
(5)If on an application the applicant satisfies the Court —
(a)that the applicant did not receive a summons or a notice to attend court in respect of the charge that gave rise to the fine that gave rise to the licence suspension order; and
(b)that the applicant was not present in court when that fine was imposed; and
(c)that the applicant received neither of the following:
(i)the notice of intention to enforce issued under section 42 in respect of that fine;
(ii)the notice confirming licence suspension issued under section 43(6),
the Court may make an order cancelling the licence suspension order.
(6)A licence suspension order that is cancelled by an order made under subsection (5) is to be taken as having been cancelled as at the time the licence suspension order was made.
[Section 101A inserted: No. 8 of 1996 s. 7; amended: No. 59 of 2004 s. 107; No. 48 of 2012 s. 43.]
101B.Enforcement suspended on appeal etc.
(1)For the purposes of this section a person appeals against a fine, or a decision giving rise to a fine, imposed on the person when the person —
(a)applies under section 71 of the Criminal Procedure Act 2004 and pays any fee required; or
(b)is granted leave to appeal under Part 2 or 3 of the Criminal Appeals Act 2004.
(2)When the Registrar is notified that a person is appealing against a fine or the decision giving rise to a fine no action is to be taken under this Act except as provided by this section or the regulations.
(3)If when a person appeals against a fine or the decision giving rise to a fine —
(a)a time to pay order is in force, the order ceases to have effect;
(b)a notice of intention to enforce issued under section 42 in respect of the fine is current, the notice is to be taken as being cancelled as from that time;
(c)a licence suspension order made under section 43 is in force in respect of the fine, the order is to be taken as being cancelled as from that time;
(d)an enforcement warrant issued under section 45 is in force, but —
(i)no property has been seized under the warrant; and
(ii)no vehicle has been immobilised under the warrant; and
(iii)no number plates have been removed from a vehicle under the warrant,
the warrant is to be taken as being cancelled from that time;
(e)an order to attend for work and development has been issued under section 47, 47A or 55D but not served, the order is to be taken as being cancelled as from that time.
(4)If when a person appeals against a fine or the decision giving rise to a fine —
(a)an enforcement warrant issued under section 45 is in force and —
(i)property has been seized under the warrant; or
(ii)a vehicle is or has been immobilised under the warrant; or
(iii)number plates have been removed from a vehicle under the warrant,
no further action is to be taken under the warrant;
[(b)deleted]
(c)an order to attend for work and development issued under section 47, 47A or 55D has been served, the order ceases to have effect;
(d)a work and development order made under section 48 is in force, the order ceases to have effect,
until the appeal is disposed of and, if the fine is then still payable, subsection (5) operates.
(5A)If when a person appeals against a fine or the decision giving rise to a fine —
(a)subsection (4)(a) applies to an enforcement warrant; and
(b)a vehicle is immobilised under the warrant,
the Sheriff must, as soon as practicable, remove the immobilisation of the vehicle (within the meaning of section 63(2)).
(5B)If when a person appeals against a fine or the decision giving rise to a fine —
(a)subsection (4)(a) applies to an enforcement warrant; and
(b)number plates have been removed from a vehicle under the warrant; and
(c)those number plates have not been returned; and
(d)a vehicle licence cancellation order has not been made under section 95J in respect of the vehicle; and
(e)the vehicle remains licensed in the name of the person,
the Sheriff must, as soon as practicable, return the number plates to the person (either in accordance with section 95H(3) or otherwise).
(5C)If when a person appeals against a fine or the decision giving rise to a fine —
(a)subsection (4)(a) applies to an enforcement warrant; and
(b)a vehicle licence cancellation order has been made under section 95J in respect of a vehicle under the warrant,
the vehicle licence cancellation order is taken to be cancelled to the extent that the order would disqualify the person from holding or obtaining a vehicle licence in respect of that vehicle, and the Registrar must notify the Director General of that cancellation as soon as practicable.
(5)If when the appeal is disposed of the fine is still payable —
(a)section 32(1) then operates again, but as if the fine had been imposed on the day the appeal was disposed of;
(b)further action may then be taken under the enforcement warrant;
(c)the order to attend for work and development then has effect again, but as if it had been served on the day the appeal was disposed of;
(d)the work and development order then has effect again.
(6)In this section —
disposed of means determined, dismissed or discontinued.
[Section 101B inserted: No. 8 of 1996 s. 7; amended: No. 59 of 2004 s. 107; No. 84 of 2004 s. 45; No. 3 of 2008 s. 15; No. 48 of 2012 s. 37 and 43.]
101C.Proving licence suspension orders and service of documents
(1)Evidence —
(a)that a licence suspension order was made under this Act;
(b)of the details of a licence suspension order and of the matter to which it relates;
(c)that a licence suspension order had not, at a particular time, been cancelled;
(d)that a document issued by the Registrar under this Act has been served on a person in accordance with section 5;
(e)of any matter relevant to the service of a document issued by the Registrar under this Act,
may be given by tendering a certificate to that effect in the prescribed form signed by the Registrar.
(2A)Evidence —
(a)that a vehicle licence suspension order was made under section 95G or a vehicle licence cancellation order was made under section 95J;
(b)of the details of a vehicle licence suspension order made under section 95G, or a vehicle licence cancellation order made under section 95J, and of the matter to which it relates;
(c)that a vehicle licence suspension order made under section 95G had not, at a particular time, been cancelled;
(d)that a vehicle licence cancellation order made under section 95J had not, at a particular time, been cancelled to the extent that the order would disqualify a person from holding or obtaining a vehicle licence;
(e)that a document issued by the Sheriff under this Act has been served on a person in accordance with section 5;
(f)of any matter relevant to the service of a document issued by the Sheriff under this Act,
may be given by tendering a certificate to that effect in the prescribed form signed by the Sheriff.
(2)Unless the contrary is proved, it is to be presumed that anything required to be done as a precondition to taking any action under this Act was done and was done in accordance with the law.
(3)Unless the contrary is proved, it is to be presumed that a certificate purporting to have been signed by the Registrar was signed by a person who at the time was the Registrar.
(4)Unless the contrary is proved, it is to be presumed that a certificate purporting to have been signed by the Sheriff was signed by a person who at the time was the Sheriff.
[Section 101C inserted: No. 8 of 1996 s. 7; amended: No. 48 of 2012 s. 38.]
101D.Validity of certain orders not affected by non-receipt of documents
(1A)In this section —
licence suspension order includes a vehicle licence suspension order made under section 95G.
(1)The validity of a licence suspension order or vehicle licence cancellation order is not affected by the fact that the person to whom the order relates did not receive any document issued under this Act in respect of the matter to which the order relates.
(2)Subsection (1) does not affect the operation of section 101 or 101A.
(3)A court dealing with a matter in which the issue of whether at a particular time a licence suspension order was in force or not is relevant may, if it thinks fit, adjourn the matter so that a person can make an application under section 101 or 101A.
[Section 101D inserted: No. 8 of 1996 s. 7; amended: No. 48 of 2012 s. 39.]
102.Effect of payment by dishonoured cheque
If payment of the whole or a part of a modified penalty, a fine or any enforcement fees is made by means of a dishonoured payment, then either —
(a)proceedings under this Act in relation to the relevant infringement notice or fine or enforcement fees may be commenced or continued as if the payment had not been made; or
(b)civil proceedings may be taken in relation to the dishonoured payment,
but not both.
[Section 102 amended: No. 3 of 2008 s. 4(4).]
103.Exclusion of rules of natural justice
The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the doing or omission of any act, matter or thing under this Act by the Registrar or the CEO (corrections).
[Section 103 amended: No. 65 of 2006 s. 64.]
(1)A warrant of commitment issued under this Act in the prescribed form has effect according to its wording.
(2)A warrant of commitment issued under this Act is to be directed to all members of the Police Force of Western Australia and to the chief executive officer as defined in the Prisons Act 1981.
(1)An enforcement warrant or a warrant of commitment issued under this Act may be faxed to a person for the purposes of having that person execute the warrant.
(2)The fax copy of such a warrant has the same force and effect as the original.
[Section 105 amended: No. 48 of 2012 s. 43.]
106.Validity of acts not affected by want of form
The validity of anything done in the performance or purported performance of a function under an enforcement warrant or a warrant of commitment issued under this Act is not affected by any defect or want of form in the order in respect of which the warrant was issued or in the warrant.
[Section 106 amended: No. 48 of 2012 s. 43.]
107.Protection from liability for wrongdoing
(1)In this section, a reference to the doing of anything includes a reference to the omission to do anything.
(2)An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(3)The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.
(4)This section does not relieve the Crown of any liability that it might have for the doing of anything by a person against whom this section provides that an action does not lie.
108A.Credit for punishment served in error
(1)This section applies if, because of an error in administering this Act, a person (the offender) liable to punishment described in subsection (2) is punished for longer than is provided for by law.
(2)The punishment referred to in subsection (1) is —
(a)imprisonment under a warrant of commitment issued under section 53; or
(b)community corrections activities done under a work and development order made under section 48.
(3)This section applies whether the error was made, or the person was punished, before or after the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment (Compensation) Act 2009 section 4 comes into operation.
(4)The Registrar may credit the offender with an amount of money calculated at the rate that, when the amount is credited, applies for working out the time for which an offender is to be imprisoned or do community corrections activities.
(5)The Registrar may —
(a)pay the amount credited to the offender; or
(b)offset the whole or any part of it against any amount that the offender owes for, or because of, a fine registered under section 41(1); or
(c)in circumstances described in subsection (6), apply the whole or any part of it to payment of the whole or any part of the modified penalty and enforcement fees payable in respect of an infringement notice registered under section 16.
(6)The Registrar may apply an amount in accordance with subsection (5)(c) if —
(a)under section 18(1), the Registrar could, in respect of the infringement notice, issue a notice of intention to enforce; or
(b)the Registrar has issued a notice of that kind and the alleged offender has not made an election under section 21.
(7)Whether or not the Registrar gives the offender a credit under this section, the State is not liable in respect of punishment inflicted as a result of the error.
[Section 108A inserted: No. 4 of 2009 s. 4; amended: No. 48 of 2012 s. 43.]
108B.Amounts to be credited to agency special purpose account
An amount equal to the amounts credited to the Consolidated Account under sections 27(2), 55(2) and 96(6) is to be —
(a)credited to an agency special purpose account that is —
(i)established under the Financial Management Act 2006 section 16 for the purposes of the department of the Public Service principally assisting the Minister in the administration of this Act; and
(ii)nominated by the Minister in writing for the purposes of this section;
and
(b)charged to the Consolidated Account,
and this section appropriates the Consolidated Account accordingly.
[Section 108B inserted: No. 48 of 2012 s. 40.]
(1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.
(2)Without limiting subsection (1), regulations may be made —
(a)as to the action that may be taken under this Act in relation to the enforcement of —
(i)an infringement notice that has been the subject of a successful application under section 101;
(ii)the payment of a fine that has been the subject of a successful application under section 101A;
(iii)the payment of a fine that is still payable after proceedings of a kind referred to in section 101B(1) in relation to it or the decision giving rise to it have been disposed of and where section 101B(3) has operated;
(b)for means testing alleged offenders and offenders applying for time to pay orders;
(c)requiring alleged offenders and offenders to verify information supplied for the purposes of a means test by a statutory declaration or by other means.
(3)Without limiting subsection (1), regulations may be made prescribing as enforcement fees in connection with proceedings under Part 3 —
(a)a fee for issuing a final demand to be imposed on an alleged offender when the final demand is issued;
(b)a fee for preparing an enforcement certificate to be imposed on an alleged offender when the infringement notice is registered;
(c)a fee for registering an infringement notice to be paid by the prosecuting authority when registering the notice and to be imposed on the alleged offender when the notice is registered;
(d)a fee for issuing a notice of intention to enforce to be imposed on an offender either when a licence suspension order is made or when an enforcement warrant is issued, but not twice;
(ea)a fee for issuing an enforcement warrant to be imposed on an alleged offender when the warrant is issued;
(e)any amount charged by a financial institution in connection with a dishonoured payment received in purported payment.
(4)Without limiting subsection (1), regulations may be made prescribing as enforcement fees in connection with proceedings under Part 4 —
(a)a fee for issuing a notice of intention to enforce to be imposed on an offender either when a licence suspension order is made or when an enforcement warrant is issued, but not twice;
(b)a fee for issuing an enforcement warrant to be imposed on an offender when the warrant is issued;
(c)any amount charged by a financial institution in connection with a dishonoured payment received in purported payment.
(5)Without limiting subsection (1), regulations may be made prescribing as enforcement fees, fees to be charged by the Sheriff and payable by a debtor (as defined in section 63) in connection with the exercise of powers under an enforcement warrant.
(6)If under subsection (5) it is inappropriate to prescribe a set fee in connection with the performance of a particular function, the regulations may provide for a fee to be calculated according to the cost of performing that function.
(7)Regulations made under subsection (3) may exempt a specified prosecuting authority from payment of the fee for registering an infringement notice.
(8)The amount of an enforcement fee prescribed under this section may be more than the amount, or an estimate of the amount, needed to allow recovery of expenditure —
(a)incurred in connection with the matter in relation to which the enforcement fee is imposed; or
(b)that is relevant to the scheme or system under which the enforcement fee is imposed.
(9)Subsection (8) does not apply to an enforcement fee prescribed in accordance with subsection (6).
[Section 108 amended: No. 8 of 1996 s. 8; No. 24 of 2000 s. 51; No. 51 of 2000 s. 11; No. 3 of 2008 s. 4(5) and (6); No. 48 of 2012 s. 41 and 43.]
To the extent that any fee that the regulations prescribe under section 108 is a tax, the fee is imposed.
[Section 109 inserted: No. 28 of 2012 s. 4.]
109A.Review of certain amendments made by Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020
(1)The Minister must review the operation and effectiveness of the following amendments made by the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 (the amending Act), and prepare a report based on the review, as soon as practicable after the 3rd anniversary of the day on which section 87 of the amending Act comes into operation —
(a)the amendments to this Act made by Part 2 Divisions 2 and 3 of the amending Act;
(b)the amendments to the Sentence Administration Act 2003 made by Part 3 Division 7 of the amending Act;
(c)the amendments to the Sentencing Act 1995 made by sections 129 and 130 of the amending Act.
(2)The Minister must cause the report under subsection (1) to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 3rd anniversary.
(3)The Minister must also review the operation and effectiveness of the amendments referred to in subsection (1), and prepare a report based on the review, as soon as practicable after the 7th anniversary of the day on which section 87 of the amending Act comes into operation.
(4)The Minister must cause the report under subsection (3) to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 7th anniversary.
(5)The Minister must transmit a copy of a report under subsection (1) or (3) to a Clerk of a House of Parliament if —
(a)the report has been prepared; and
(b)the Minister is of the opinion that the House will not sit during the period of 21 days after the finalisation of the report.
(6)A copy of a report transmitted to the Clerk of a House is taken to have been laid before that House.
(7)The laying of a copy of a report that is taken to have occurred under subsection (6) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the receipt of the copy by the Clerk.
[Section 109A inserted: No. 25 of 2020 s. 87.]
109B.Review of Part 4 Division 3C Subdivision 2
(1)The Minister must review the operation and effectiveness of Part 4 Division 3C Subdivision 2, and prepare a report based on the review, as soon as practicable after the 3rd anniversary of the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 section 103 comes into operation.
(2)The Minister must cause the report under subsection (1) to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 3rd anniversary.
(3)The Minister must also review the operation and effectiveness of Part 4 Division 3C Subdivision 2, and prepare a report based on the review, as soon as practicable after the 7th anniversary of the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 section 103 comes into operation.
(4)The Minister must cause the report under subsection (3) to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 7th anniversary.
(5)The Minister must transmit a copy of a report under subsection (1) or (3) to a Clerk of a House of Parliament if —
(a)the report has been prepared; and
(b)the Minister is of the opinion that the House will not sit during the period of 21 days after the finalisation of the report.
(6)A copy of a report transmitted to the Clerk of a House is taken to have been laid before that House.
(7)The laying of a copy of a report that is taken to have occurred under subsection (6) must be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the receipt of the copy by the Clerk.
[Section 109B inserted: No. 25 of 2020 s. 103.]
Part 9 — Transitional and validation provisions
[Heading inserted: No. 48 of 2012 s. 42.]
Division 1 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012
[Heading inserted: No. 25 of 2020 s. 7.]
110.Transitional provisions as to warrants of execution
(1)A warrant of execution in force immediately before the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 43 comes into operation is, on and after the coming into operation of that section and until it ceases to be in force under this Act, taken to be an enforcement warrant for the purposes of this Act.
(2)Despite subsection (1), a warrant of execution referred to in that subsection does not authorise any action that can be taken to enforce the payment of the fine under Part 7 Division 6A.
[Section 110 inserted: No. 48 of 2012 s. 42.]
111.Transitional provisions as to notices of intention to suspend licences issued under s. 18
(1)In this section —
commencement means the coming into operation of the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 11.
(2)A notice of intention to suspend licences issued before commencement is, on and after commencement, taken for the purposes of this Act —
(a)to be a notice of intention to enforce given in accordance with section 18 as in force after commencement; and
(b)to have been issued on the day when the notice of intention to suspend licences was issued.
[Section 111 inserted: No. 48 of 2012 s. 42.]
112.Transitional provisions as to notices of intention to suspend licences issued under s. 42
(1)In this section —
commencement means the coming into operation of the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 20.
(2)A notice of intention to suspend licences issued under section 42 before commencement is, on and after commencement, taken for the purposes of this Act —
(a)to be a notice of intention to enforce given in accordance with section 42 as in force after commencement; and
(b)to have been issued on the day when the notice of intention to suspend licences was issued.
[Section 112 inserted: No. 48 of 2012 s. 42.]
113.Transitional provisions as to infringement notices
(1)In this section —
commencement means the coming into operation of the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 14;
transitional period means the period of 12 months beginning on commencement.
(2)This section applies despite any other provision of a written law.
(3)An infringement notice issued under a written law —
(a)before commencement; or
(b)during the transitional period,
is not invalid merely because the infringement notice does not inform the alleged offender of action that may be taken under this Act only because of the amendments to this Act made by the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012.
[Section 113 inserted: No. 48 of 2012 s. 42.]
Regulations made, or purporting to have been made, under section 108 before the commencement of this section are, and are taken to have always been, as effective as they would have been if section 108(8) had been enacted and commenced before those regulations were made.
[Section 114 inserted: No. 48 of 2012 s. 42.]
Division 2 — Provisions for Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020
[Heading inserted: No. 25 of 2020 s. 8.]
In this Division —
first commencement day means the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Part 2 Division 2 comes into operation under section 2(1)(b) of that Act;
former Act means this Act as in force immediately before the second commencement day;
period of concurrent imprisonment, in relation to a warrant of commitment issued or to be issued in relation to an offender under this Act, means any period or term of imprisonment the offender is or would be serving concurrently with imprisonment under the warrant of commitment (other than a period of imprisonment under another warrant of commitment issued under this Act);
second commencement day means the day on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 sections 9 to 86, 88 and 89 come into operation under section 2(1)(c) of that Act;
transitional period means the period beginning on the first commencement day and ending immediately before the second commencement day.
[Section 115 inserted: No. 25 of 2020 s. 8.]
116.Offender not yet arrested under warrant of commitment issued before first commencement day
(1)This section applies if —
(a)a warrant of commitment has been issued under this Act before the first commencement day in relation to an offender and a fine; and
(b)immediately before the first commencement day, the offender has not been arrested under the warrant.
(2)The warrant of commitment is cancelled on the first commencement day.
(3)The cancellation of a warrant of commitment in relation to an offender and a fine under this section does not prevent the Registrar from taking any other enforcement action under Part 4 in relation to the offender and the fine.
[Section 116 inserted: No. 25 of 2020 s. 8.]
117.Offender in custody under warrant of commitment issued before first commencement day
(1)This section applies if —
(a)1 or more warrants of commitment (the relevant warrants) have been issued under this Act before the first commencement day in relation to an offender and 1 or more fines (the relevant fines); and
(b)immediately before the first commencement day, the offender is imprisoned under the relevant warrants (whether or not the offender is serving 1 or more periods of concurrent imprisonment).
(2)If immediately before the first commencement day the offender is not serving any period of concurrent imprisonment —
(a)the relevant warrants are cancelled on the first commencement day; and
(b)the offender is to be released from imprisonment on the first commencement day; and
(c)the liability of the offender to pay the amount owed in respect of each of the relevant fines is taken to be wholly discharged under section 53 on the first commencement day, even though only a part of the period for which the offender was to be imprisoned under each of the relevant warrants has been served.
(3)If immediately before the first commencement day the offender is serving 1 or more periods of concurrent imprisonment, the relevant warrants remain in force on and after the first commencement day, subject to sections 53 and 118(2) and (3).
[Section 117 inserted: No. 25 of 2020 s. 8.]
118.Issue and cancellation of warrants of commitment in transitional period
(1)During the transitional period, the Registrar must not issue a warrant of commitment in relation to an offender under section 53(1) or 55D(1) unless the offender is already serving a period of concurrent imprisonment.
(2)Without limiting section 53, a warrant of commitment issued under this Act that is in force in the transitional period (whether issued before or during the transitional period) is cancelled if the offender ceases to be serving any period of concurrent imprisonment.
(3)A warrant of commitment issued under this Act that is in force immediately before the second commencement day is cancelled on the second commencement day.
(4)The cancellation of a warrant of commitment in relation to an offender and a fine under this section does not prevent the Registrar from taking any other enforcement action under Part 4 in relation to the offender and the fine.
[Section 118 inserted: No. 25 of 2020 s. 8.]
119.Notices issued under s. 78(1) before first commencement day
(1)This section applies if —
(a)before the first commencement day, the Sheriff served a notice under section 78(1) (the section 78 notice) in relation to compensation that was or could become payable under the Criminal Injuries Compensation Act 2003; and
(b)no money has been paid to the Sheriff in compliance with the section 78 notice before the first commencement day.
(2)The section 78 notice is cancelled on the first commencement day.
(3)If a compensation award made under the Criminal Injuries Compensation Act 2003 before the first commencement day included a direction that an amount of compensation (the relevant amount) be paid to the Sheriff in compliance with the section 78 notice —
(a)despite that direction, the relevant amount must not be paid to the Sheriff; and
(b)an assessor, as defined in section 3 of that Act, must make another direction as to how the relevant amount is to be paid, or otherwise dealt with, in accordance with that Act.
[Section 119 inserted: No. 25 of 2020 s. 8.]
[Schedule 1 deleted: No. 3 of 2008 s. 16.]
This is a compilation of the Fines, Penalties and Infringement Notices Enforcement Act 1994 and includes amendments made by other written laws 1M, 1. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|
Fines, Penalties and Infringement Notices Enforcement Act 1994 |
93 of 1994 |
23 Dec 1994 |
s. 1 and 2: 23 Dec 1994; |
|
Sentencing (Consequential Provisions) Act 1995 Pt. 31 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
|
Fines, Penalties and Infringement Notices Enforcement Amendment Act 1996 Pt. 2 |
8 of 1996 |
28 May 1996 |
6 Jul 1996 (see s. 2 and Gazette |
|
Road Traffic Amendment Act 1996 Pt. 3 Div. 3 |
76 of 1996 |
14 Nov 1996 |
1 Feb 1997 (see s. 2 and Gazette 31 Jan 1997 p. 613) |
|
Reprint of the Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 12 Mar 1997 (includes amendments listed above) |
|||
|
Sunday Observance Laws Amendment and Repeal Act 1997 s. 5 |
49 of 1997 |
10 Dec 1997 |
10 Dec 1997 (see s. 2) |
|
Fines, Penalties and Infringement Notices Enforcement Act Amendment Regulations 1999 published in Gazette 12 Mar 1999 p. 1162 |
12 Mar 1999 |
||
|
Acts Amendment (Fines Enforcement) Act 2000 Pt. 2 |
9 of 2000 |
19 May 2000 |
25 Aug 2000 (see s. 2 and Gazette 25 Aug 2000 p. 4903) |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 51 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Acts Amendment (Fines Enforcement and Licence Suspension) Act 2000 Pt. 2 |
51 of 2000 |
28 Nov 2000 |
5 Feb 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615) |
|
Corporations (Consequential Amendments) Act 2001 s. 220 |
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285) |
|
Reprint of the Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 2 Nov 2001 (includes amendments listed above) |
|||
|
Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 61 |
7 of 2002 |
19 Jun 2002 |
1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037) |
|
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003 2 |
14 of 2003 |
17 Apr 2003 |
17 Apr 2003 (see s. 2) |
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 29(3) |
50 of 2003 |
9 Jul 2003 |
31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833) |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 13 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Pt. 9 and s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53)) |
|
Reprint 3: The Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 9 Dec 2005 (includes amendments listed above) |
|||
|
Road Traffic Amendment Act 2006 Pt. 4 Div. 1 |
54 of 2006 |
26 Oct 2006 |
30 Jun 2008 (see s. 2 and Gazette 10 Jun 2008 p. 2471) |
|
Prisons and Sentencing Legislation Amendment Act 2006 Pt. 8 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Fines Legislation Amendment Act 2008 Pt. 2 |
3 of 2008 |
12 Mar 2008 |
s. 12(3): 28 Mar 2008 (see s. 2(b)); |
|
Reprint 4: The Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 8 Aug 2008 (includes amendments listed above) |
|||
|
Fines, Penalties and Infringement Notices Enforcement Amendment (Compensation) Act 2009 |
4 of 2009 |
14 May 2009 |
s. 1 and 2: 14 May 2009 (see s. 2(a)); |
|
Personal Property Securities (Consequential Repeals and Amendments) Act 2011 Pt. 3 Div. 2 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) |
|
Statutes (Repeals and Minor Amendments) Act 2011 s. 27 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 23 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
|
Fines, Penalties and Infringement Notices Enforcement Amendment (Taxation) Act 2012 |
28 of 2012 |
3 Sep 2012 |
s. 1 and 2: 3 Sep 2012 (see s. 2(a)); |
|
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 Pt. 2 |
48 of 2012 |
29 Nov 2012 |
s. 3, 39, 40, 41(3) and 42: 1 May 2013 (see s. 2(b) and Gazette 30 Apr 2013 p. 1687); |
|
Reprint 5: The Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 11 Oct 2013 (includes amendments listed above except those in the Road Traffic Legislation Amendment Act 2012) |
|||
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div. 12 (other than s. 95) |
20 of 2013 |
4 Nov 2013 |
Pt. 3 Div. 12 (other than s. 75 and 95): 25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391); |
|
Electricity Corporations Amendment Act 2013 s. 43 |
25 of 2013 |
18 Dec 2013 |
1 Jan 2014 (see s. 2(c) and Gazette 27 Dec 2013 p. 6465) |
|
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 15 |
26 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648) |
|
Reprint 6: The Fines, Penalties and Infringement Notices Enforcement Act 1994 as at 24 May 2019 (includes amendments listed above) |
|||
|
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Pt. 2 Div. 1 and 2, s. 87 and 103 |
25 of 2020 |
19 Jun 2020 |
Pt. 2 Div. 1 and 2, s. 87 and 103: 20 Jun 2020 (see s. 2(1)(b)) |
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 s. 95 |
20 of 2013 |
4 Nov 2013 |
To be proclaimed (see s. 2(b)) |
|
Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 Pt. 2 (s. 9-86, |
25 of 2020 |
19 Jun 2020 |
To be proclaimed (see s. 2(1)(c) and (d)) |
1MUnder the Cross-border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross‑border Justice Regulations 2009 Part 3 Division 12 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.
1The Sentencing Legislation Amendment and Repeal Act 1999 s. 26 did not come into operation and was deleted by the Sentencing Legislation Amendment and Repeal Act 2003 s. 31.
2The Fines, Penalties and Infringement Notices Enforcement Amendment Act 2003 s. 12 reads as follows:
12.Validation
(1)In this section —
agreement means an agreement or arrangement for the payment of an amount owed or an amount outstanding (within the meaning of sections 40 and 61 respectively of the Fines, Penalties and Infringement Notices Enforcement Act 1994);
commencement means the day on which this Act comes into operation;
offender means —
(a)an offender within the meaning of section 28; or
(b)a body corporate referred to in section 61,
of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
(2)An agreement entered into, or purportedly entered into, by or on behalf of the Sheriff of Western Australia with an offender before the commencement has, and is deemed always to have had, force and effect.
(3)An agreement entered into, or purportedly entered into, by a delegate of the Sheriff of Western Australia with an offender before the commencement has, and is deemed always to have had, force and effect.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
affected vehicle95I(1)
aggregate amount owed56A
aggregate unpaid infringement amount11
alleged offence11
alleged offender11
amending Act109A(1)
amending provision53(4), 53(8a)
amount outstanding61(1)
amount owed40, 56A
applicant101(1), 101AA(2), 101A(1)
CCO28(1), 28(2)
CEO (corrections)3(1)
child3(1)
claimant93(1)
commencement111(1), 112(1), 113(1)
commencement date32(5)
community corrections activities28(1)
community corrections centre28(1)
community corrections officer28(1)
court28(1)
court officer28(1)
debtor63(1)
Department of Corrective Services3(1)
Director General3(1)
dishonoured payment3(1)
disposed of101AA(1)
disposed of 101B(6)
driver’s licence3(1)
due date18(3), 27C(1), 42(3), 55C(1)
dwelling63(1)
election11
Electricity Generation and Retail Corporation3(1)
enforcement action68B(1)
enforcement fees11, 28(1), 56A, 63(1)
fine28(1), 56A, 59
first commencement day115
former Act115
give3(1)
infringement notice11, 26(4)
interest70(1)
licence suspension order101D(1A)
mobile home63(1)
modified penalty11, 56A
number plate3(1)
offender28(1), 108A(1)
outstanding order to pay or elect11, 56A
outstanding registered fine56A, 56B
paid3(1)
period of concurrent imprisonment115
period served53(7)
personal property63(1)
place63(1)
prescribed enactment11
principal enactment11
proceeds96(1)
prosecuting authority11, 39(2)
prosecuting officer11
public authority70(1)
reciprocating court59
reciprocating State or Territory59
registered11, 28(1), 96(7)
Registrar3(1)
Registrar’s website56A
Registry3(1)
relevant amount10B(1), 119(3)
relevant details56A, 56C
relevant fines117(1)
relevant warrants117(1)
required hours50(1)
road law3(1)
saleable interest63(1), 71(1), 88(1)
second commencement day115
section 78 notice119(1)
serve3(1)
Sheriff3(1)
specified period53(7)
time to pay order28(1)
transitional period113(1), 115
unpaid infringement amount11
vehicle63(1)
vehicle licence3(1)
vehicle licensing law63(1)
warning notice63(1)
warrant63(1)
warrant amount53(6), 53(7)
WDO28(2)
work and development order28(1)
young person10B(1)