Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FINES BILL 1998

    Queensland




FINES BILL 1998

 


 

 

Queensland FINES BILL 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Act does not apply to children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Act binds State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--INFRINGEMENT NOTICES Division 1--Service of infringement notices 6 Service of infringement notices--generally . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Service of infringement notices for infringement notice offences involving vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Effect of this part on prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2--Liability for infringement notice offences involving vehicles 9 Liability for infringement notice offences involving vehicle . . . . . . . . . . . . 12 10 Effect of illegal user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Effect of known user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Effect of sold vehicle declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Effect of unknown user declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3--Alleged offender's obligations under infringement notices 14 Ways alleged offender may deal with infringement notice . . . . . . . . . . . . . 15 15 Payment etc. of fine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Application to pay fine by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Application for fine option order for infringement notice offence . . . . . . . . 17

 


 

2 Fines 18 If QCSC decides alleged offender is suitable for fine option order . . . . . . . 18 19 When alleged offender can not elect to have offence decided by court . . . 18 20 When infringement notice offence is to be decided by court . . . . . . . . . . . 19 Division 4--Withdrawal of infringement notice 21 Administering authority may withdraw infringement notice . . . . . . . . . . . . 19 PART 3--REGISTRATION OF FINES, PENALTIES AND CERTAIN OTHER COURT ORDERED DEBTS Division 1--Registration of fines, penalties and certain other court ordered debts 22 Registration of instalment payments for infringement notice . . . . . . . . . . . 20 23 Registration of unpaid fine, penalty or other debt . . . . . . . . . . . . . . . . . . . . . 21 24 Registration of fine option orders made by registrar . . . . . . . . . . . . . . . . . . . 22 25 Registration on default of court ordered fine option order . . . . . . . . . . . . . . 23 26 Cancellation of registration on withdrawal of infringement notice . . . . . . . 23 Division 2--Default 27 Default by person served with infringement notice . . . . . . . . . . . . . . . . . . . . 24 28 Default in paying instalment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 29 Default of fine option order for infringement notice offence . . . . . . . . . . . . 25 PART 4--GENERAL PROVISIONS ABOUT FINE OPTION ORDERS 30 Requirements of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 31 Directions under fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 32 Extension of period of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 33 Community service to be performed cumulatively . . . . . . . . . . . . . . . . . . . . 27 34 Performance of community service to be credited against fine etc. . . . . . . 27 35 Payments and application of payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 36 Failing to comply with fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 37 Revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 38 Review of revocation of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 5--ENFORCEMENT OF FINES, PENALTIES AND OTHER COURT ORDERED DEBTS Division 1--Enforcement 39 Issue of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

 


 

3 Fines Division 2--Options under enforcement order 40 Application for time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 41 Application for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 42 If QCSC decides enforcement debtor is suitable for fine option order . . . . 35 43 Making and registration of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Election for court hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 3--Default after enforcement order 45 Default after time to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 46 Default of fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 4--Suspension of drivers licence 47 Suspension of drivers licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 5--Enforcement warrants 48 Issue of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 49 Procedure for issue of enforcement warrant redirecting earnings . . . . . . . . 39 50 When debt redirected under enforcement warrant . . . . . . . . . . . . . . . . . . . . 40 51 Payment to enforcement debtor despite redirection . . . . . . . . . . . . . . . . . . . 41 52 Discharge of the third person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 53 Enforcement debtor not to defeat enforcement warrant . . . . . . . . . . . . . . . . 41 54 Warrant imposing a charge on property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 55 Effect of warrant imposing charge on property . . . . . . . . . . . . . . . . . . . . . . . 43 56 Order to set aside or restrain sale, etc. of charged property . . . . . . . . . . . . . 43 57 Dealing with charged or restrained property . . . . . . . . . . . . . . . . . . . . . . . . . 44 58 Power of entry to execute enforcement warrant . . . . . . . . . . . . . . . . . . . . . . 44 59 Cancelling, staying or varying enforcement warrants . . . . . . . . . . . . . . . . . . 44 60 Return of enforcement warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 6--Other enforcement provisions 61 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 62 Powers under search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 63 Registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64 When imprisonment is not an appropriate option . . . . . . . . . . . . . . . . . . . . . 47 65 Enforcement by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 66 Satisfaction of fine by imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

 


 

4 Fines 67 Order of satisfaction of fines if arrest and imprisonment warrant issued . . . 50 68 Effect of particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 69 Effect of appeal on enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 7--Cancellation of certain enforcement orders 70 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 71 Applications for cancellation of enforcement orders . . . . . . . . . . . . . . . . . . 52 72 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 73 Appeal against refusal to cancel enforcement order . . . . . . . . . . . . . . . . . . . 53 74 Proceedings for offence if fine enforcement order cancelled . . . . . . . . . . . . 53 75 Provisions relating to cancellation of enforcement order . . . . . . . . . . . . . . . 54 Division 8--Content of certain notices, orders, warrants etc. 76 Instalment payment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 77 Enforcement certificate for fine option order . . . . . . . . . . . . . . . . . . . . . . . . . 55 78 Enforcement certificate for fine under infringement notice . . . . . . . . . . . . . 56 79 Notice of intention to enforce an enforcement order . . . . . . . . . . . . . . . . . . 57 80 Notice of intention to suspend drivers licence . . . . . . . . . . . . . . . . . . . . . . . 59 81 Content of enforcement warrant for regular redirection . . . . . . . . . . . . . . . . 59 82 Content of enforcement warrant redirecting earnings . . . . . . . . . . . . . . . . . . 60 83 Content of enforcement warrant imposing a charge on property . . . . . . . . . 60 Division 9--General provisions 84 Service of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 85 Effect of suspension of drivers licence on vehicle insurance . . . . . . . . . . . . 61 86 Effect of orders and warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 87 Employees protected from dismissal or prejudice . . . . . . . . . . . . . . . . . . . . . 61 88 Application to correct mistake of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 89 Access to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 90 Electronic transmission of particular documents . . . . . . . . . . . . . . . . . . . . . . 63 91 Power of person executing order or warrant to demand name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 92 Enforcement costs and their allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 PART 6--RECIPROCAL ENFORCEMENT OF FINES 93 Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

 


 

5 Fines 94 Declaration of reciprocating court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 95 Enforcement of Queensland fine by reciprocating court . . . . . . . . . . . . . . . . 66 96 Enforcement of fine imposed by reciprocating court . . . . . . . . . . . . . . . . . . 66 PART 7--THE OFFICE OF FINDER 97 Establishment of FINDER Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 98 Functions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 99 The FINDER charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 100 Registrar and other staff of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 101 Management of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 102 Information from commissioner of police service . . . . . . . . . . . . . . . . . . . . . 69 103 Registration of fine enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 PART 8--MISCELLANEOUS 104 Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 105 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 106 Service of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 107 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 108 Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 109 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 110 Approval of forms by administering authority . . . . . . . . . . . . . . . . . . . . . . . . 74 111 Approval of other forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 112 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 113 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 114 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 115 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 PART 9--TRANSITIONAL PROVISIONS 116 Amnesty period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 117 Act applies to existing penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 118 Saving of court penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 119 Saving of infringement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 120 Existing warrant of commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 121 Existing fine option order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

 


 

6 Fines 122 Existing recognisances, bail and surety amounts . . . . . . . . . . . . . . . . . . . . . 78 123 Expiry of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 80 ACTS AMENDED CROWN PROCEEDINGS ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 83 REFERENDUMS ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 TRANSPORT LEGISLATION AMENDMENT ACT 1997 . . . . . . . . . . . . . 95 TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . . 96 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 98 REGULATIONS AMENDED AMENDMENT OF NATURE CONSERVATION REGULATION 1994 . . . 98 AMENDMENT OF TRAFFIC REGULATION 1962 . . . . . . . . . . . . . . . . . . 98 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 100 DICTIONARY

 


 

1998 A BILL FOR An Act about the issue and enforcement of infringement notices and the enforcement of fines and certain court ordered debts, and for other purposes

 


 

s1 8 s5 Fines The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Fines Act 1998. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 7 Dictionary 3. The dictionary in schedule 3 defines words used in this Act. 8 does not apply to children 9 Act 4.(1) This Act does not apply to a child within the meaning of the 10 Juvenile Justice Act 1992 other than to the extent it allows a child to pay a 11 fine stated in an infringement notice for an offence in full or by instalments 12 to an administering authority instead of being prosecuted for the offence. 13 (2) However, an enforcement order or warrant may not be issued under 14 this Act against a child within the meaning of the Juvenile Justice Act 1992. 15 binds State 16 Act 5. This Act binds the State and, as far as the legislative authority of the 17 Parliament permits, the Commonwealth and the other States. 18

 


 

s6 9 s6 Fines ART 2--INFRINGEMENT NOTICES 1 P Division 1--Service of infringement notices 2 of infringement notices--generally 3 Service 6.(1) If an authorised person believes, on reasonable grounds, a person 4 has committed an infringement notice offence (the "offence"), the person 5 may serve a notice (an "infringement notice") on the person (the "alleged 6 offender") for the offence. 7 (2) The infringement notice must be in the form approved by the 8 administering authority. 9 (3) The infringement notice must state the following-- 10 (a) a unique number; 11 (b) the date of the infringement notice; 12 (c) in relation to the alleged offender, unless the notice is served 13 under section 7(4) or a regulation otherwise provides-- 14 (i) the alleged offender's full name, or surname and any initial, 15 and address; or 16 (ii) the particulars that are, under a regulation, identifying 17 particulars for the alleged offender; 18 (d) in relation to the offence, particulars that are enough to show 19 clearly the nature of the offence, including the following-- 20 (i) if the offence is one prescribed under a regulation for this 21 paragraph--the identifying particulars prescribed under the 22 regulation for the offence; 23 (ii) if the offence took place over a period and did not involve a 24 vehicle--the period over which the offence was committed; 25 (iii) the place the offence was committed and, subject to 26 subparagraph (ii), the time and date of the offence; 27 (iv) if the offence involves a vehicle--the identifying particulars 28 prescribed under a regulation for the vehicle; 29

 


 

s7 10 s7 Fines (v) if the offence involves an animal--the identifying particulars 1 prescribed under a regulation for the animal; 2 (e) the fine for the offence and how and where the fine may be paid; 3 (f) that the alleged offender must, within 28 days after the date of the 4 infringement notice-- 5 (i) pay the fine in full to the administering authority; or 6 (ii) apply to the administering authority to pay the fine by 7 instalments; or 8 (iii) apply to QCSC for conversion of the fine to hours of unpaid 9 community service under a fine option order; or 10 (iv) give to the administering authority a written election to have 11 the matter of the offence decided in a Magistrates Court; or 12 (v) if relevant--give to the administering authority an illegal 13 user declaration, a known or unknown user declaration or a 14 sold vehicle declaration for the vehicle for the offence; 15 (g) that the notice may be withdrawn before or after the fine is paid; 16 (h) if the offence involves a vehicle--the general effect of section 9.1 17 of infringement notices for infringement notice offences 18 Service involving vehicles 19 7.(1) This section applies to an infringement notice offence involving a 20 vehicle. 21 (2) An infringement notice for the offence may be served-- 22 (a) on the owner of the vehicle; or 23 (b) on the person named in a known user declaration as the person 24 who was in charge of the vehicle at the relevant time; or 25 (c) on the person named in a sold vehicle declaration as the person to 26 whom the vehicle had been sold or otherwise disposed of before 27 the relevant time. 28 1 Section 9 (Liability for infringement notice offence involving vehicle)

 


 

s8 11 s8 Fines (3) If the infringement notice is to be served by post, the notice may be 1 addressed to the person-- 2 (a) for the owner of the vehicle--at the latest address of the owner in 3 the register of vehicles kept under a registration Act; or 4 (b) for a person named in a known user declaration as the person in 5 charge of the vehicle at the relevant time--at the person's address 6 stated in the declaration; or 7 (c) for a person named in a sold vehicle declaration as the person to 8 whom the vehicle had been sold or otherwise disposed of before 9 the relevant time--at the person's address stated in the 10 declaration. 11 (4) Also, the infringement notice may be served by securely placing or 12 attaching the notice, addressed to the owner, without further description, on 13 or to the vehicle in a conspicuous position. 14 (5) If the infringement notice is served under subsection (4), it is taken to 15 have been served on the owner on the day it is placed on or attached to the 16 vehicle. 17 (6) A person must not remove, deface or interfere with an infringement 18 notice placed on or attached to a vehicle unless the person is the owner, or 19 the person in charge, of the vehicle at the relevant time. 20 Maximum penalty--40 penalty units. 21 (7) This section does not limit the ways an infringement notice may be 22 served on a person. 23 of this part on prosecution 24 Effect 8.(1) The fact that an infringement notice has been, or could be, served 25 on a person for an offence, does not affect the starting or continuation of a 26 proceeding against the person or anyone else in a court for the offence. 27 (2) This part does not-- 28 (a) require the serving of an infringement notice on a person; or 29 (b) limit or otherwise affect the penalty that may be imposed by a 30 court for an offence. 31

 


 

s9 12 s 10 Fines Division 2--Liability for infringement notice offences involving vehicles 1 for infringement notice offences involving vehicle 2 Liability 9.(1) If-- 3 (a) an infringement notice offence involving a vehicle happens; and 4 (b) an infringement notice for the offence is served on the person 5 who is the owner of the vehicle at the time of the offence; 6 the owner is taken to have committed the offence even though the actual 7 offender may have been someone else. 8 (2) If the actual offender is someone else, subsection (1) does not affect 9 the liability of the actual offender, but-- 10 (a) the owner and the actual offender can not both be punished for the 11 offence; and 12 (b) if a fine is paid or a penalty is imposed on 1 of them for the 13 offence--a further penalty must not be imposed on or recovered 14 from the other person for the offence. 15 (3) However, the owner must not be taken under subsection (1) to have 16 committed the offence if, within 28 days after the date of an infringement 17 notice or service of a summons for the offence, the owner makes and gives 18 to the administering authority an illegal user declaration, a known or 19 unknown user declaration or a sold vehicle declaration for the vehicle for the 20 offence. 21 (4) The declaration must be made by-- 22 (a) if the owner is an individual--the owner; or 23 (b) if the owner is a corporation--an executive officer of the 24 corporation or the responsible operator. 25 (5) A declaration by an executive officer of a corporation must be under 26 the common seal of the corporation. 27 of illegal user declaration 28 Effect 10.(1) This section applies if-- 29

 


 

s 11 13 s 11 Fines (a) an offence involving a vehicle happens; and 1 (b) an infringement notice for the offence is served on the person 2 who is the owner of the vehicle at the relevant time; and 3 (c) the person makes and gives to the administering authority an 4 illegal user declaration for the vehicle. 5 (2) In a proceeding for the offence against the owner, a court must not 6 find the owner guilty of the offence if it is satisfied, whether on the 7 statements contained in the declaration or otherwise, the vehicle was stolen 8 or illegally taken at the relevant time. 9 of known user declaration 10 Effect 11.(1) This section applies if-- 11 (a) an offence involving a vehicle happens; and 12 (b) an infringement notice for the offence is served on the person 13 who is the owner of the vehicle at the relevant time; and 14 (c) the person makes and gives to the administering authority a 15 known user declaration for the vehicle. 16 (2) This section and section 92 apply as if the person named in the 17 declaration as the person in charge of the vehicle at the relevant time (the 18 "user") were the owner of the vehicle at that time. 19 (3) A proceeding for the offence may be started against the user only if a 20 copy of the declaration has been served on the user. 21 (4) In a proceeding for the offence against the user, the declaration is 22 evidence that the person was in charge of the vehicle at the relevant time. 23 (5) In a proceeding for the offence against the owner of the vehicle, a 24 court must not find the owner guilty of the offence if it is satisfied, whether 25 on the statements contained in the declaration or otherwise, the user or 26 someone else was in charge of the vehicle at the relevant time. 27 2 Section 9 (Liability for infringement notice offences involving vehicle)

 


 

s 12 14 s 13 Fines of sold vehicle declaration 1 Effect 12.(1) This section applies if-- 2 (a) an offence involving a vehicle happens; and 3 (b) an infringement notice for the offence is served on the person 4 who is the owner of the vehicle at the relevant time; and 5 (c) the person makes and gives to the administering authority a sold 6 vehicle declaration for the vehicle. 7 (2) This section and section 93 apply as if the person named in the 8 declaration as the person to whom the vehicle was sold or otherwise 9 disposed of (the "buyer") were the owner of the vehicle from the time of 10 the sale or disposal. 11 (3) A proceeding for the offence may be started against the buyer only if 12 a copy of the declaration has been served on the buyer. 13 (4) In a proceeding for the offence against the buyer, the declaration is 14 evidence that the person was the owner of the vehicle at the relevant time. 15 (5) In a proceeding for the offence against the owner of the vehicle, a 16 court must not find the owner guilty of the offence if it is satisfied, whether 17 on the statements contained in the declaration or otherwise, the owner had 18 sold or disposed of the vehicle before the relevant time. 19 of unknown user declaration 20 Effect 13.(1) This section applies if-- 21 (a) an offence involving a vehicle happens; and 22 (b) an infringement notice for the offence is served on the person 23 who is the owner of the vehicle at the relevant time; and 24 (c) the owner makes and gives to the administering authority an 25 unknown user declaration for the vehicle. 26 (2) In a proceeding for the offence against the owner, a court must not 27 find the owner guilty of the offence if it is satisfied, whether on the 28 3 Section 9 (Liability for infringement notice offences involving vehicle)

 


 

s 14 15 s 15 Fines statements contained in the declaration or otherwise-- 1 (a) that-- 2 (i) if the owner is an individual--the owner was not in charge 3 of the vehicle at the relevant time; or 4 (ii) if the owner is a corporation--the vehicle was not being 5 used for the purposes of the corporation at the relevant time; 6 and 7 (b) that the inquiries made to find out the name and address of the 8 person who was in charge of the vehicle at the relevant time-- 9 (i) were reasonable in the circumstances; and 10 (ii) were carried out with appropriate diligence. 11 Division 3--Alleged offender's obligations under infringement notices 12 alleged offender may deal with infringement notice 13 Ways 14. If an infringement notice is served on an alleged offender for an 14 offence, the alleged offender must, within 28 days after the date of the 15 infringement notice-- 16 (a) pay the fine in full to the administering authority; or 17 (b) apply to the administering authority to pay the fine by 18 instalments; or 19 (c) apply to QCSC for conversion of the fine to hours of unpaid 20 community service under a fine option order; or 21 (d) give to the administering authority an election to have the matter 22 of the offence decided in a Magistrates Court; or 23 (e) if relevant--give to the administering authority an illegal user 24 declaration, a known or unknown user declaration or a sold 25 vehicle declaration for the vehicle for the offence. 26 etc. of fine 27 Payment 15.(1) The alleged offender must not be prosecuted in a court for the 28

 


 

s 16 16 s 16 Fines offence if the alleged offender-- 1 (a) pays the fine as required by the infringement notice, including by 2 instalments; or 3 (b) performs unpaid community service for the offence as required 4 under a fine option order. 5 (2) Subsection (1) applies even though more than 1 infringement notice 6 has been served on the alleged offender for the offence. 7 (3) If full or part payment of the fine is made by cheque and the cheque 8 is dishonoured on presentation, payment is taken not to have been made 9 until-- 10 (a) the cheque is honoured on presentation; or 11 (b) payment in cash or in another way acceptable to the administering 12 authority is made in place of the cheque. 13 (4) This section is subject to section 21.4 14 to pay fine by instalments 15 Application 16.(1) Within 28 days after the date of an infringement notice, the alleged 16 offender may apply to the administering authority in the approved form for 17 approval to pay the fine by instalments. 18 (2) The approved form must include a written statement of the 19 consequences of not paying instalments. 20 (3) The application must be accompanied by-- 21 (a) the first instalment; and 22 (b) a statutory declaration to the effect that the alleged offender has 23 read the statement of the consequences of not paying instalments 24 and agrees to pay the instalments; and 25 (c) a statutory declaration verifying the name and address of the 26 applicant and any other information that may be prescribed under 27 a regulation. 28 (4) If the application complies with subsection (3), the administering 29 4 Section 21 (Administering authority may withdraw infringement notice)

 


 

s 17 17 s 17 Fines authority must grant the application and give the prescribed particulars to 1 FINDER for registration under section 22.5 2 for fine option order for infringement notice offence 3 Application 17.(1) Within 28 days after the date of an infringement notice, the alleged 4 offender may apply to QCSC in the approved form for conversion of the 5 fine to hours of unpaid community service under a fine option order. 6 (2) The approved form must include a statement of the consequences of 7 not complying with a fine option order. 8 (3) The application must be accompanied by a statutory declaration to the 9 effect that the alleged offender read the statement of the consequences of not 10 complying with a fine option order and agrees to comply with the fine 11 option order, if made. 12 (4) QCSC must decide whether the alleged offender is suitable for 13 performing community service under a fine option order. 14 (5) For deciding whether the alleged offender is suitable for performing 15 community service under a fine option order, the alleged offender must 16 attend the QCSC office most convenient to the alleged offender. 17 (6) Without limiting the matters QCSC may take into account under 18 subsection (4), a person is taken not to be suitable for performing 19 community service if QCSC considers the alleged offender can pay the full 20 fine, including by instalments. 21 (7) If QCSC decides the alleged offender is not suitable for performing 22 community service under a fine option order, QCSC must inform the 23 alleged offender-- 24 (a) of the decision; and 25 (b) if the time for taking other action in relation to the infringement 26 notice has not ended--that the alleged offender may take the other 27 action within the time available or, if the time available is less than 28 7 days after the alleged offender is given notice of the decision, 29 within that 7 days; and 30 5 Section 22 (Registration of instalment payments for infringement notice)

 


 

s 18 18 s 19 Fines (c) if the time for taking other action in relation to the infringement 1 notice has ended--that the alleged offender may, within 7 days 2 after the alleged offender is given notice of the decision, take the 3 other action. 4 (8) QCSC must also advise the administering authority of the decision. 5 (9) Subsection (7)(b) and (c) apply even though the time for taking the 6 other action ends more than 28 days after the date of the infringement 7 notice. 8 QCSC decides alleged offender is suitable for fine option order 9 If 18.(1) If QCSC decides an alleged offender is suitable for performing 10 community service under a fine option order, QCSC must-- 11 (a) give FINDER written notice of-- 12 (i) the decision; and 13 (ii) the number of hours of unpaid community service the 14 alleged offender must perform to satisfy the fine;6 and 15 (iii) the supervising QCSC office for the order; and 16 (b) give the administering authority written notice of the decision; and 17 (c) ask the administering authority to give to FINDER particulars of 18 the unpaid amount of the fine and any other particulars prescribed 19 under a regulation that are necessary to identify the alleged 20 offender and the infringement notice. 21 (2) As soon as practicable after receiving written notice of the decision, 22 the administering authority must give the prescribed particulars to FINDER 23 for registration under section 24.7 24 alleged offender can not elect to have offence decided by court 25 When 19.(1) This section applies if a person served with an infringement 26 6 The number of hours is worked out by dividing the amount of the fine by the cut-out rate for fine option orders. 7 Section 24 (Registration of fine option orders made by registrar)

 


 

s 20 19 s 21 Fines notice-- 1 (a) pays the fine to the administering authority; or 2 (b) applies to the administering authority to pay the fine by 3 instalments; or 4 (c) applies to QCSC for conversion of the fine to hours of unpaid 5 community service under a fine option order and QCSC decides 6 the person is suitable for performing community service under a 7 fine option order. 8 (2) The person may not elect to have the matter decided by a Magistrates 9 Court. 10 infringement notice offence is to be decided by court 11 When 20.(1) If, within 28 days after the date of an infringement notice, an 12 alleged offender-- 13 (a) elects under section 148 to have the matter of the offence decided 14 by a Magistrates Court; or 15 (b) takes no action under section 14; 16 a proceeding for the offence may be started under the Justices Act 1886. 17 (2) Subsection (1)(b) does not prevent the administering authority from 18 giving FINDER prescribed particulars of the offence for registration under 19 part 3.9 20 Division 4--Withdrawal of infringement notice 21 authority may withdraw infringement notice 22 Administering 21.(1) An administering authority may withdraw an infringement notice 23 at any time before the fine is paid or otherwise discharged under this Act. 24 (2) For the withdrawal to be effective, the administering authority 25 8 Section 14 (Ways alleged offender may deal with infringement notice) 9 Part 3 (Registration of fines, penalties and certain other court ordered debts)

 


 

s 22 20 s 22 Fines must-- 1 (a) serve on the alleged offender a withdrawal notice in the approved 2 form; and 3 (b) repay to the alleged offender any amount paid to the 4 administering authority for the offence; and 5 (c) if prescribed particulars of the infringement notice offence are 6 registered under part 3--give to FINDER a copy of the 7 withdrawal notice. 8 (3) On complying with subsection (2)-- 9 (a) this Act, other than this part, stops applying to the infringement 10 notice offence; and 11 (b) a proceeding for the offence may be taken against any person 12 (including the alleged offender) as if the notice had not been 13 served on the alleged offender. 14 ART 3--REGISTRATION OF FINES, PENALTIES 15 P AND CERTAIN OTHER COURT ORDERED DEBTS 16 1--Registration of fines, penalties and certain other court 17 Division ordered debts 18 of instalment payments for infringement notice 19 Registration 22.(1) If an administering authority grants an application by a person 20 served with an infringement notice to pay the fine by instalments, the 21 administering authority must give to FINDER, for registration, the 22 prescribed particulars of the offence and of the unpaid amount of the fine. 23 (2) No registration fee is payable for registering the particulars. 24 (3) The registrar must register the particulars as soon as practicable after 25 receiving them. 26 (4) On registration-- 27

 


 

s 23 21 s 23 Fines (a) FINDER becomes responsible for the collection of the unpaid 1 amount of, and may collect, the fine; and 2 (b) the registrar must give to the person an instalment payment 3 notice.10 4 of unpaid fine, penalty or other debt 5 Registration 23.(1) This section applies if a court does any of the following under any 6 Act-- 7 (a) fines a person for an offence; 8 (b) orders a person pay to someone else an amount by way of 9 restitution or compensation under the Penalties and Sentences 10 Act 1992, part 3, division 4;11 11 (c) orders that an amount of bail or a recognisance be forfeited 12 under-- 13 (i) for bail--the Bail Act 1980; or 14 (ii) for a recognisance--the Penalties and Sentences Act 1992, 15 part 3, division 1;12 16 (d) orders a person to pay a stated amount under the Crown 17 Proceedings Act 1980, section 13 or 14.13 18 (2) If all or part of the fine or other amount remains unpaid after the time 19 allowed by the court or the court registrar, the court registrar may give to 20 FINDER, for registration, the prescribed particulars of the unpaid amount. 21 (3) No registration fee is payable for registering the particulars. 22 (4) The registrar of FINDER must register the particulars as soon as 23 practicable after receiving them. 24 10 See section 76 (Instalment payment notice). 11 Penalties and Sentences Act 1992, part 3 (Releases, restitution and compensation), division 4 (Orders for restitution and compensation) 12 Penalties and Sentences Act 1992, part 3 (Releases, restitution and compensation), division 1 (Orders to release certain offenders) 13 Crown Proceedings Act 1980, see sections 13 (Recovery of debts due by recognisance) and 14 (Recovery of amount undertaken by surety).

 


 

s 24 22 s 24 Fines (5) On registration-- 1 (a) FINDER becomes responsible for the collection of, and may 2 collect, the unpaid amount; but 3 (b) any default penalty ordered by the court for the unpaid amount 4 continues to apply to the person. 5 (6) Also, the registrar of FINDER may issue an enforcement warrant 6 against the person concerned for the unpaid amount. 7 (7) Subsection (2) applies unless the person is ordered to be imprisoned 8 under the Penalties and Sentences Act 1992, section 39 or 185A.14 9 of fine option orders made by registrar 10 Registration 24.(1) This section applies to particulars given to FINDER under 11 section 18.15 12 (2) The registrar must-- 13 (a) register the particulars as soon as practicable after receiving them; 14 and 15 (b) make a fine option order for the person named in the particulars; 16 and 17 (c) register the fine option order as soon as practicable after it is 18 made. 19 (3) The registrar must also give to the person named in the fine option 20 order notice of the making of the order and its terms. 21 (4) The fine option order-- 22 (a) takes effect on its registration; and 23 (b) suspends the infringement notice so far as it requires the payment 24 of the fine. 25 (5) No registration fee is payable for registering the particulars. 26 14 Penalties and Sentences Act 1992, section 39 (Directions for enforcing order of imprisonment) or 185A (Arrest and imprisonment of offender or registration under Fines Act 1998 for non-payment of penalty under ss 182A and 185) 15 Section 18 (If QCSC decides alleged offender is suitable for fine option order)

 


 

s 25 23 s 26 Fines on default of court ordered fine option order 1 Registration 25.(1) If a court makes a fine option order for a person for an offence 2 under the Penalties and Sentences Act 1992, and a proper officer of a court 3 revokes the order under section 74 of that Act,16 the proper officer may give 4 to FINDER, for registration, the prescribed particulars of the fine option 5 order, including particulars about the extent to which the order is satisfied. 6 (2) No registration fee is payable for registering the particulars. 7 (3) The registrar must register the particulars as soon as practicable after 8 receiving them. 9 (4) On registration, FINDER becomes responsible for collecting, and 10 may collect, the unpaid amount of the fine for which the fine option order 11 was made. 12 (5) Also, the registrar may issue an enforcement order against the person 13 for the unpaid amount. 14 of registration on withdrawal of infringement notice 15 Cancellation 26.(1) If an administering authority gives to FINDER a copy of a 16 withdrawal notice under section 2117 and particulars of the offence stated in 17 the notice are registered under this part, the registrar must, as soon as 18 practicable after receiving the notice-- 19 (a) cancel the registration of the prescribed particulars; and 20 (b) refund to the person any amount paid to FINDER by the person 21 for the offence; and 22 (c) if the person has performed community service for the offence 23 under a fine option order--pay to the person, as compensation for 24 the community service performed, an amount worked out at the 25 relevant cut-out rate for the order, rounded to the nearest whole 26 dollar. 27 16 Penalties and Sentences Act 1992, section 74 (Failing to comply with a requirement of an order) 17 Section 21 (Administering authority may withdraw infringement notice)

 


 

s 27 24 s 27 Fines (2) The person is not entitled to compensation for performing 1 community service other than compensation under subsection (1)(c). 2 Division 2--Default 3 by person served with infringement notice 4 Default 27.(1) If a person on whom an infringement notice is served has not, 5 within 28 days after the date of the infringement notice-- 6 (a) paid the fine in full to the administering authority; or 7 (b) applied to the administering authority to pay the fine by 8 instalments; or 9 (c) applied to QCSC for conversion of the fine to hours of unpaid 10 community service under a fine option order; or 11 (d) given to the administering authority a written election to have the 12 matter of the offence decided in a Magistrates Court; or 13 (e) if relevant--given to the administering authority an illegal user 14 declaration, a known or unknown user declaration or a sold 15 vehicle declaration for the vehicle for the offence; 16 an authorised person may give an enforcement certificate to FINDER. 17 (2) The enforcement certificate must be accompanied by the registration 18 fee. 19 (3) However, an enforcement certificate must not be given to the registrar 20 after the end of the time within which a person may start a prosecution for 21 the offence. 22 (4) The registrar must register the enforcement certificate as soon as 23 practicable after it is received. 24 (5) On registration of the enforcement certificate-- 25 (a) the registrar must register, as the unpaid fine for the offence, the 26 total of the unpaid fine and the registration fee; and 27 (b) FINDER becomes responsible for the collection of, and may 28 collect, the unpaid amount. 29

 


 

s 28 25 s 29 Fines (6) After an enforcement certificate is given to the registrar under 1 subsection (1), a proceeding against the person for the offence may be 2 started in a court only under part 5.18 3 in paying instalment 4 Default 28.(1) If a person served with an infringement notice fails to pay an 5 instalment under an instalment payment notice within the time allowed, the 6 registrar may-- 7 (a) cancel the instalment payment notice without notice to the person; 8 and 9 (b) register, as the unpaid fine for the offence, the total of the unpaid 10 amount and the registration fee. 11 (2) On cancellation of the instalment payment notice, the registrar must 12 issue to the person an enforcement order for the total of the unpaid amount. 13 of fine option order for infringement notice offence 14 Default 29.(1) This section applies to a fine option order made for a person 15 served with an infringement notice. 16 (2) If QCSC considers the person has failed to comply with the order, 17 QCSC may give to FINDER a report stating how the person has failed to 18 comply with the order. 19 (3) The registrar may revoke the order under section 37.19 20 18 Part 5 (Enforcement of fines, penalties and other court ordered debts) 19 Section 37 (Revocation of fine option order)

 


 

s 30 26 s 31 Fines PART 4--GENERAL PROVISIONS ABOUT FINE 1 OPTION ORDERS 2 of fine option order 3 Requirements 30.(1) A fine option order must contain requirements that the person 4 named in the order (the "relevant person")-- 5 (a) report to an authorised commission officer at the place, and 6 within the time, stated in the order; and 7 (b) perform the community service directed by an authorised 8 commission officer-- 9 (i) for the number of hours stated in the order; and 10 (ii) at the times directed by the officer; and 11 (iii) in a way satisfactory to the officer; and 12 (c) comply with each reasonable direction of an authorised 13 commission officer; and 14 (d) report to, and receive visits from, an authorised commission 15 officer as directed by the officer; and 16 (e) notify an authorised commission officer of a change of the 17 relevant person's place of residence or employment within 18 2 business days after the change happens; and 19 (f) must not leave or stay out of Queensland without the permission 20 of an authorised commission officer. 21 (2) The number of hours of community service stated in a fine option 22 order under subsection (1)(b)(i) must be performed within 1 year, or 23 another time allowed in the order, after the making of the order. 24 (3) A direction given under subsection (1)(b)(ii) applies to all fine option 25 orders made for the relevant person by the registrar on the same day. 26 under fine option order 27 Directions 31. A direction given by an authorised commission officer under a fine 28 option order must, as far as practicable, avoid-- 29

 


 

s 32 27 s 34 Fines (a) conflicting with the relevant person's religious beliefs; and 1 (b) interfering with any times during which the relevant person 2 usually works or attends a school or other educational or training 3 establishment; and 4 (c) interfering with the relevant person's family responsibilities. 5 of period of fine option order 6 Extension 32.(1) The registrar may extend the period allowed for complying with a 7 fine option order. 8 (2) An application for the extension-- 9 (a) must be made to FINDER; and 10 (b) may be made by the relevant person or an authorised commission 11 officer. 12 (3) The application may be decided in the absence of the relevant person. 13 service to be performed cumulatively 14 Community 33.(1) All community service required to be performed by a relevant 15 person under a fine option order is to be performed cumulatively with any 16 community service required to be performed under a community service 17 order or a fine option order made for the person by a court under another 18 Act. 19 (2) If 2 or more fine option orders that require a relevant person to 20 perform community service are in force at the same time, the community 21 service must be performed in the sequence in which the orders were made. 22 of community service to be credited against fine etc. 23 Performance 34. If a relevant person performs community service under a fine option 24 order, the unpaid amount to which the fine option order relates is to be 25 reduced by an amount worked out by multiplying the hours of community 26 service performed by the relevant cut-out rate for the order. 27

 


 

s 35 28 s 35 Fines and application of payments 1 Payments 35.(1) This section applies if, because of this Act, an infringement notice 2 or an enforcement order is suspended on the making of a fine option order. 3 (2) Subject to subsection (3) and despite the suspension of-- 4 (a) the infringement notice so far as it requires the payment of the 5 fine; or 6 (b) the enforcement order so far as it requires the payment of the 7 unpaid amount stated in the order; 8 the fine or unpaid amount, or a part of either of them, may be paid. 9 (3) The fine or other amount must be paid to FINDER. 10 (4) If, after a fine option order is made, payment of part of the fine or 11 amount originally required to be paid is made, the payment must be 12 applied-- 13 (a) to any fine payable under an infringement notice; or 14 (b) if the payment relates to an amount ordered to be paid by a 15 court-- 16 (i) first, to any amount (other than a fine) required to be paid 17 under the order; and 18 (ii) then, if the payment relates to a fine, to the amount of the 19 fine. 20 (5) Also, if after a fine option order is made, a payment is applied to the 21 fine or amount to which the order relates, the number of hours of 22 community service required to be performed by a relevant person under the 23 order is the number worked out by applying the relevant cut-out rate to the 24 unpaid amount of the fine, expressed in hours and rounded down to the 25 nearest whole number. 26 27 Examples for subsection (5)-- 28 1. If a court fines a person $150 and the person pays $100, the number of hours of 29 community service to be performed for the unpaid amount of $50 is, if the cut-out 30 rate is 10 hours of unpaid community service for each penalty unit of $75, two-thirds 31 of the value of a penalty unit or, expressed in hours and rounded down, 6 hours. 32 2. If a court fines a person $150 and the person pays $50, the number of hours of 33 community service to be performed for the unpaid amount of $100 is, if the cut-out

 


 

s 36 29 s 37 Fines 1 rate is 10 hours of unpaid community service for each penalty unit of $75, 1.3 times 2 the value of a penalty unit or, expressed in hours, 13 hours. to comply with fine option order 3 Failing 36.(1) If, while a fine option order is in force, an authorised commission 4 officer ("QCSC supervisor"), or a person authorised for the purpose of 5 this section by QCSC (also a "QCSC supervisor") reasonably believes the 6 relevant person has contravened a requirement of the order, the QCSC 7 supervisor may give to the relevant person a notice under this section 8 requiring the relevant person-- 9 (a) to stop contravening the order; or 10 (b) to give the QCSC supervisor a reasonable explanation for the 11 contravention within a stated time, of at least 5 days but not more 12 than 14 days. 13 (2) The notice must-- 14 (a) be in the approved form; and 15 (b) state the particulars of the contravention. 16 (3) A notice under subsection (1) may relate to 2 or more fine option 17 orders, whether or not the community service that is required to be 18 performed by the relevant person under any of the orders is to be 19 performed-- 20 (a) at the same time as community service is to be performed by the 21 person under another of the orders; or 22 (b) after community service required to be performed under any of 23 the orders has been performed by the person. 24 (4) If the QCSC supervisor is not satisfied the explanation given is a 25 reasonable explanation, the QCSC supervisor must give to FINDER an 26 enforcement certificate for registration under this Act. 27 (5) The registrar must register the enforcement certificate. 28 of fine option order 29 Revocation 37.(1) The registrar may revoke a fine option order for which the 30 registrar is given an enforcement certificate under section 36 if satisfied the 31

 


 

s 37 30 s 37 Fines relevant person concerned has failed, without reasonable excuse, to comply 1 with the order. 2 (2) However, the registrar must not revoke a fine option order under 3 subsection (1) unless the registrar has first considered a QCSC report 4 stating-- 5 (a) how the relevant person has failed to comply with the order; or 6 (b) that QCSC is satisfied the relevant person can not perform work 7 under the order or is otherwise not suitable to be engaged in work 8 under a fine option order. 9 (3) When revoking a fine option order, the registrar may also revoke any 10 other fine option orders made against the relevant person. 11 (4) The registrar must give notice of the revocation to the relevant person 12 and may give the notice in the same way as for an enforcement order. 13 (5) The notice of revocation must state that the relevant person may apply 14 to the registrar under section 38 within a stated reasonable time, of at least 15 14 days, for a review of the decision to revoke the fine option order. 16 (6) The revocation of a fine option order does not take effect until the 17 period for applying for a review of the decision to revoke the order ends. 18 (7) On revocation of the fine option order, the registrar must register, as 19 the unpaid amount for the fine or other amount for which the order was 20 made, the total of the money value of the hours of unpaid community 21 service not performed, rounded down to the nearest whole dollar, and the 22 registration fee. 23 (8) For enforcing payment of the unpaid amount, the registrar may-- 24 (a) for a fine option order made under section 2420--issue an 25 enforcement order for the unpaid amount; or 26 (b) for a fine option order made for an amount stated in an 27 enforcement order--issue an enforcement warrant or an arrest 28 and imprisonment warrant for the enforcement debtor. 29 20 Section 24 (Registration of fine option orders made by registrar)

 


 

s 38 31 s 39 Fines of revocation of fine option order 1 Review 38.(1) A person dissatisfied by a decision to revoke a fine option order 2 made for the person may, within the time stated in a notice of revocation of 3 the fine option order, apply in writing to the registrar for a review of the 4 revocation. 5 (2) The application must state the reasons why the fine option order 6 should be reinstated. 7 (3) If the relevant person applies for a review of the decision to revoke 8 the fine option order, the operation of the revocation is suspended until the 9 application is decided. 10 (4) If the registrar is satisfied the fine option order should not have been 11 revoked, the registrar may reinstate the fine option order. 12 (5) The registrar may review a decision to revoke a fine option order in 13 the absence of, and without notice to, the applicant for the review. 14 (6) A decision of the registrar on the review is final. 15 PART 5--ENFORCEMENT OF FINES, PENALTIES 16 AND OTHER COURT ORDERED DEBTS 17 Division 1--Enforcement 18 of enforcement order 19 Issue 39.(1) This section applies if-- 20 (a) the registrar registers an enforcement certificate for a person; or 21 (b) this Act expressly authorises the registrar to issue an enforcement 22 order against a person. 23 (2) The registrar must, in writing, order the person ("enforcement 24 debtor") to pay the amount stated in the order to FINDER within 28 days 25 after the date of the order. 26 (3) The amount stated in the order ("enforcement order") must be-- 27

 


 

s 39 32 s 39 Fines (a) the amount that on registration of the enforcement certificate was 1 registered as the unpaid fine for an offence; or 2 (b) the amount for which the registrar was expressly authorised to 3 issue the order. 4 (4) Also, the amount stated in the enforcement order as the unpaid 5 amount for an infringement notice offence involving a vehicle must be the 6 total of the unpaid amount of the fine and the amount prescribed under a 7 regulation as the cost of establishing ownership of the vehicle for issuing 8 the notice. 9 (5) The order may be made in the absence of, and without notice to, the 10 enforcement debtor. 11 (6) An enforcement order must state that if the enforcement debtor does 12 not pay the amount stated in the order within the 28 days-- 13 (a) the registrar may issue an enforcement warrant for the stated 14 amount; and 15 (b) if the warrant is not fully satisfied and the enforcement debtor is 16 an individual--the enforcement debtor may be imprisoned for the 17 period stated in the order. 18 (7) The enforcement order must include the following notices-- 19 (a) a notice of intention to enforce the order; 20 (b) for an order relating to an infringement notice offence involving a 21 vehicle--a notice of intention to suspend the enforcement 22 debtor's drivers licence. 23 (8) The period of imprisonment that may be stated in an enforcement 24 order-- 25 (a) must be the period worked out by dividing the amount stated in 26 the order by the relevant cut-out rate, rounded down to the nearest 27 whole number and expressed as a number of days; and 28 (b) must not be more than-- 29 (i) the maximum period of imprisonment a court may impose 30 on a person convicted of the offence, in default of payment 31 of a penalty equal to the amount owing for the offence; or 32 (ii) for an enforcement order relating to an amount a surety must 33

 


 

s 40 33 s 40 Fines pay under an order of a court under the Crown Proceedings 1 Act 1980--the maximum period of imprisonment a court 2 may impose on the person under that Act. 3 Division 2--Options under enforcement order 4 for time to pay 5 Application 40.(1) Within 28 days after the date of an enforcement order, an 6 enforcement debtor may apply to FINDER in the approved form for either 7 of the following-- 8 (a) an extension of time to pay the amount stated in the order; 9 (b) unless the order is made because the person failed to pay an 10 instalment--approval to pay the amount stated in the order by 11 instalments. 12 (2) The approved form must include a statement of the consequences of 13 failing to pay the unpaid amount within the time allowed, including by 14 instalments. 15 (3) The application must be accompanied by-- 16 (a) a statutory declaration to the effect that the enforcement debtor has 17 read the statement of the consequences of not paying the unpaid 18 amount, including by instalments; and 19 (b) a statutory declaration verifying the name and address of the 20 enforcement debtor and any other information that may be 21 prescribed under a regulation. 22 (4) However, an application under subsection (1) can not be made after 23 the issue of an enforcement warrant for the amount stated in the 24 enforcement order. 25 (5) The registrar may-- 26 (a) extend the time to pay the stated amount by a stated period, of not 27 more than 28 days; or 28 (b) allow the stated amount to be paid by stated instalments, of not 29 less than an amount prescribed under a regulation. 30

 


 

s 41 34 s 41 Fines (6) The registrar must give to the enforcement debtor written notice of 1 the decision. 2 for fine option order 3 Application 41.(1) Within 28 days after the date of an enforcement order, an 4 enforcement debtor may apply to QCSC in the approved form for 5 conversion of the amount stated in the order to hours of unpaid community 6 service under a fine option order. 7 (2) The approved form must include a statement of the consequences of 8 not complying with a fine option order. 9 (3) The application must be accompanied by a statutory declaration to the 10 effect that the enforcement debtor read the statement of the consequences of 11 not complying with a fine option order and agrees to comply with the fine 12 option order, if made. 13 (4) However, an application under this section can not be made-- 14 (a) if the enforcement debtor has contravened a previous fine option 15 order for the same offence; or 16 (b) after the issue of an enforcement warrant for the amount stated in 17 the enforcement order. 18 (5) Also, an application under this section can not be made if the 19 enforcement debtor has previously applied for and been refused a fine 20 option order for the same offence on the ground that the person could pay 21 the fine, unless QCSC is satisfied that the person's financial position has 22 become significantly worse. 23 (6) QCSC must decide whether the enforcement debtor is suitable for 24 performing community service under a fine option order. 25 (7) For deciding whether the enforcement debtor is suitable for 26 performing community service under a fine option order, the enforcement 27 debtor must attend the QCSC office most convenient to the enforcement 28 debtor. 29 (8) Without limiting the matters QCSC may take into account under 30 subsection (6), an enforcement debtor is taken not to be suitable for 31 performing community service if QCSC considers the enforcement debtor 32 can pay the total amount unpaid, including by instalments. 33

 


 

s 42 35 s 43 Fines (9) If QCSC decides the enforcement debtor is not suitable for 1 performing community service under a fine option order, QCSC must give 2 the enforcement debtor written notice-- 3 (a) of the decision; and 4 (b) if the time for taking other action under the enforcement order has 5 not ended--that the enforcement debtor may take the other action 6 within the time available or, if the time available is less than 7 7 days, within that 7 days; and 8 (c) if the time for taking other action under the enforcement order has 9 ended--that the enforcement debtor may, within 7 days after the 10 enforcement debtor is given notice of the decision, take the other 11 action. 12 (10) QCSC must also give FINDER written notice of the decision. 13 (11) Subsection (9)(b) and (c) apply, even though the time for taking the 14 action ends more than 28 days after the date of the enforcement order. 15 QCSC decides enforcement debtor is suitable for fine option order 16 If 42. If QCSC decides an enforcement debtor is suitable for performing 17 community service under a fine option order, QCSC must give FINDER 18 written notice of-- 19 (a) the decision; and 20 (b) the number of hours of unpaid community service the 21 enforcement debtor must perform to satisfy the unpaid amount 22 stated in the enforcement order;21 and 23 (c) the supervising QCSC office for the order. 24 and registration of fine option order 25 Making 43.(1) If QCSC informs FINDER an enforcement debtor is suitable for 26 performing community service under a fine option order, the registrar may 27 make a fine option order for the enforcement debtor. 28 21 The number of hours is worked out by dividing the unpaid amount by the cut-out rate for fine option orders.

 


 

s 44 36 s 44 Fines (2) However, the registrar must not make a fine option order under 1 subsection (1) if the enforcement order was issued because of the failure of 2 the person concerned to comply with a previous fine option order for the 3 same offence. 4 (3) The registrar must-- 5 (a) register the fine option order as soon as practicable after it is 6 made; and 7 (b) give to the enforcement debtor notice of the making of the fine 8 option order and its terms. 9 (4) The fine option order-- 10 (a) takes effect on its registration; and 11 (b) suspends the enforcement order so far as it requires the payment 12 of the unpaid amount stated in the order. 13 for court hearing 14 Election 44.(1) If, within 28 days after the date of an enforcement order made 15 against an enforcement debtor for an infringement notice offence for which 16 the fine is unpaid, the enforcement debtor-- 17 (a) elects under an enforcement order to have the matter of the 18 offence decided in a Magistrates Court; or 19 (b) takes no action under section 40 or 41;22 20 a proceeding for the offence may be started under the Justices Act 1886. 21 (2) If the enforcement debtor elects to have the matter of the offence 22 decided in a Magistrates Court, any order under this part for the offence 23 stops having effect. 24 (3) The registrar must notify the enforcement debtor and the relevant 25 administering authority that this part no longer applies to the offence. 26 22 Section 40 (Application for time to pay) or 41 (Application for fine option order)

 


 

s 45 37 s 47 Fines 3--Default after enforcement order 1 Division after time to pay 2 Default 45.(1) If an enforcement debtor fails to pay an amount stated in an 3 enforcement order within 28 days after the date of the order or the later time 4 allowed under section 40, the registrar may issue an enforcement warrant or 5 an arrest and imprisonment warrant for the enforcement debtor for the 6 balance of the unpaid amount stated in the enforcement order. 7 (2) Provisions for the issue of the enforcement warrant are stated in 8 division 5. 9 (3) If the registrar decides to issue an arrest and imprisonment warrant, 10 the warrant must be for the arrest and imprisonment of the enforcement 11 debtor for the period stated in the warrant worked out for the unpaid amount 12 in the same way as the period of imprisonment for an amount stated in an 13 enforcement order is worked out under section 39(8). 14 of fine option order 15 Default 46.(1) This section applies if an authorised person gives to FINDER an 16 enforcement certificate for a fine option order made for an amount stated in 17 an enforcement order. 18 (2) The registrar must register the certificate as soon as practicable after it 19 is received. 20 4--Suspension of drivers licence 21 Division of drivers licence 22 Suspension 47.(1) This section applies if-- 23 (a) under an enforcement order, an enforcement debtor is given 24 notice of intention to suspend a drivers licence; and 25 (b) the offence to which the notice relates involved a vehicle; and 26 (c) the person has a drivers licence; and 27 (d) either-- 28

 


 

s 48 38 s 48 Fines (i) the person does not pay the unpaid amount stated in the 1 notice within 28 days after the date of the order or the further 2 time allowed under section 40;23 or 3 (ii) the registrar issues an enforcement warrant or an arrest and 4 imprisonment warrant under section 45.24 5 (2) The enforcement debtor's drivers licence is suspended by force of 6 this Act. 7 (3) The licence is suspended until the enforcement debtor pays the unpaid 8 amount or the amount is otherwise discharged under this Act. 9 (4) Despite any other Act, the suspension operates to suspend the drivers 10 licence of an enforcement debtor who holds a drivers licence issued in 11 another State while the person is in Queensland. 12 (5) A renewal or replacement of a licence suspended under this section 13 does not affect the suspension. 14 (6) Also, the suspension of a drivers licence under this section does not 15 affect the powers a court or another person may exercise under another Act 16 to suspend or cancel the licence. 17 Division 5--Enforcement warrants 18 of enforcement warrant 19 Issue 48.(1) This section applies-- 20 (a) if-- 21 (i) the unpaid amount stated in an enforcement order is not paid 22 within 28 days after the date of the order or the further time 23 allowed under section 40;25 and 24 (ii) if relevant--the enforcement debtor has not elected under 25 23 Section 40 (Application for time to pay) 24 Section 45 (Default after time to pay) 25 Section 40 (Application for time to pay)

 


 

s 49 39 s 49 Fines section 44 26 to have the matter of an offence decided in a 1 Magistrates Court; or 2 (b) if this Act expressly authorises the registrar to issue an 3 enforcement warrant for an unpaid amount. 4 (2) The registrar may issue a warrant ("enforcement warrant") for the 5 amount. 6 (3) An enforcement warrant may be a warrant-- 7 (a) to seize and sell real and personal property in which the 8 enforcement debtor has a legal or beneficial interest; or 9 (b) to redirect all or part of a debt owed to the enforcement debtor; or 10 (c) to redirect all or part of the earnings of the enforcement debtor; or 11 (d) imposing a charge on property. 12 (4) An enforcement warrant-- 13 (a) must be in the approved form; and 14 (b) must be directed to all enforcement officers; and 15 (c) must state the date and time of issue and the date, within 16 3 months after the warrant's issue, the warrant ends. 17 (5) An enforcement warrant may be renewed by the registrar for a period 18 of not more 3 months at any one time, from the date the warrant ends. 19 (6) On the issue of an enforcement warrant, the amount owing by the 20 enforcement debtor is increased to the total of the amount unpaid before the 21 warrant was issued and the execution fee prescribed under a regulation. 22 (7) A copy of the enforcement warrant must be served on the 23 enforcement debtor. 24 for issue of enforcement warrant redirecting earnings 25 Procedure 49.(1) The registrar may issue an enforcement warrant for the redirection 26 of the enforcement debtor's earnings only if the enforcement debtor gives to 27 the registrar a written application for, or written consent to, the redirection of 28 26 Section 44 (Election for court hearing)

 


 

s 50 40 s 50 Fines the earnings. 1 (2) Also, the registrar may issue an enforcement warrant for the 2 redirection of the enforcement debtor's earnings only if the registrar is 3 satisfied about the following-- 4 (a) the enforcement debtor is employed and the enforcement debtor's 5 employer has been identified; 6 (b) the enforcement debtor has sufficient means of satisfying the 7 unpaid amount after deducting-- 8 (i) the necessary living expenses of the enforcement debtor and 9 the enforcement debtor's dependants; and 10 (ii) any other known liabilities of the enforcement debtor; 11 (c) the amount of earnings to be redirected would not impose 12 unreasonable hardship on the enforcement debtor; 13 (d) having regard to the availability of other enforcement means, the 14 issue of the warrant would be consistent with the public interest in 15 enforcing payment of the unpaid amount efficiently and 16 expeditiously. 17 debt redirected under enforcement warrant 18 When 50.(1) An enforcement warrant authorising redirection of a debt 19 belonging to an enforcement debtor from a third person must be served on 20 the third person to have effect. 21 (2) When the third person is served with the warrant, the debt is 22 redirected in the hands of the third person to FINDER to the extent of the 23 amount stated in the warrant. 24 (3) However, this section does not limit the right of-- 25 (a) the third person to dispute liability to pay all or part of the debt to 26 the enforcement debtor; or 27 (b) another interested person including, for example, a person other 28 than an enforcement debtor, to claim an entitlement to all or a part 29 of the debt or to a charge or lien on it. 30 (4) This section does not apply to a regular redirection of a regular debt 31 belonging to an enforcement debtor from a financial institution. 32

 


 

s 51 41 s 53 Fines to enforcement debtor despite redirection 1 Payment 51.(1) This section applies if, after redirection of a debt in the hands of a 2 third person-- 3 (a) the third person acts with reasonable diligence to give effect to the 4 redirection; and 5 (b) despite the third person acting with reasonable diligence, the third 6 person deals with the redirected debt in a way that satisfies, as 7 between the third person and the enforcement debtor, all or part of 8 the redirected debt, including, for example, by payment to the 9 enforcement debtor. 10 (2) The registrar may order that, for this part, the redirected debt be 11 reduced to the extent of its satisfaction. 12 of the third person 13 Discharge 52.(1) A payment to FINDER made by a third person in compliance 14 with an enforcement warrant is a valid discharge of the person's liability to 15 the enforcement debtor to the extent of the amount paid. 16 (2) Subsection (1) applies even if after payment the enforcement warrant 17 is cancelled. 18 debtor not to defeat enforcement warrant 19 Enforcement 53.(1) This section applies if-- 20 (a) an enforcement debtor has an account with a financial institution; 21 and 22 (b) another person (a "depositor") regularly deposits an amount in 23 the nature of earnings into the account (a "regular deposit"). 24 (2) An enforcement debtor who is served with a copy of a warrant for 25 redirection of an amount from a financial institution account must ensure 26 that enough funds remain in the enforcement debtor's account at the 27 financial institution after each regular deposit for the deduction from the 28 account of the amount stated in the warrant. 29 (3) An enforcement debtor who is served with a copy of a warrant for 30 redirection of an amount from a financial institution account must notify 31

 


 

s 54 42 s 54 Fines FINDER if-- 1 (a) the depositor discontinues regular payments in the nature of 2 earnings to the enforcement debtor; or 3 (b) the enforcement debtor closes the account or arranges for the 4 depositor to pay the enforcement debtor in another way. 5 (4) An enforcement debtor who contravenes subsection (2) or (3) with 6 intent to defeat an enforcement warrant commits an offence. 7 Maximum penalty for subsection (4)--20 penalty units. 8 imposing a charge on property 9 Warrant 54.(1) The registrar may issue an enforcement warrant imposing a 10 charge on property for partnership property only if the registrar has given 11 the partners-- 12 (a) notice of intention to issue the warrant; and 13 (b) at least 10 days to give reasons why the warrant should not be 14 issued. 15 (2) An enforcement warrant imposing a charge on property may charge 16 all or part of the enforcement debtor's legal or equitable interest in 1 or 17 more of the following-- 18 (a) annuities; 19 (b) debentures; 20 (c) stocks; 21 (d) bonds; 22 (e) shares; 23 (f) marketable securities; 24 (g) prescribed interests; 25 (h) units of-- 26 (i) shares; or 27 (ii) marketable securities; or 28 (iii) interests prescribed under a regulation. 29

 


 

s 55 43 s 56 Fines (3) If 1 or more of the enforcement debtor's partners reside in the State 1 and 1 or more reside outside the State, service on each partner who resides 2 in the State is sufficient service on any partner who resides outside the State. 3 of warrant imposing charge on property 4 Effect 55.(1) An enforcement warrant imposing a charge on property entitles 5 FINDER to the same remedies as FINDER would have had if the charge 6 had been made in FINDER's favour by the enforcement debtor. 7 (2) However, FINDER may not take proceedings to obtain a remedy in 8 relation to particular charged property until-- 9 (a) the enforcement warrant imposing the charge on property is 10 served on the enforcement debtor and the person who issued or 11 administers the property; and 12 (b) 21 days have passed since paragraph (a) was complied with. 13 to set aside or restrain sale, etc. of charged property 14 Order 56.(1) The registrar may apply to the Supreme Court for an order 15 restraining the sale or other dealing with property charged under an 16 enforcement warrant imposing a charge on property. 17 (2) The Supreme Court may restrain the sale or other dealing, unless to 18 do so would prejudice the rights or interests of a genuine purchaser or 19 chargee without notice. 20 (3) Also, the Supreme Court may-- 21 (a) order that property mentioned in the order must not be sold or 22 otherwise dealt with; or 23 (b) order that property mentioned in the order be sold or otherwise 24 dealt with only in a stated way or circumstance. 25 (4) In addition, the Supreme Court may set aside any sale or other 26 dealing with property charged under an enforcement warrant imposing a 27 charge on property, unless to do so would prejudice the rights or interests of 28 a genuine purchaser or chargee without notice. 29

 


 

s 57 44 s 59 Fines with charged or restrained property 1 Dealing 57.(1) An enforcement debtor who-- 2 (a) is served with a copy of a warrant imposing a charge on property 3 or an order made under section 56; and 4 (b) knowingly contravenes the warrant or restraining order by 5 concealing, selling or otherwise dealing with the property; 6 commits an offence. 7 Maximum penalty--200 penalty units or 3 years imprisonment. 8 (2) A person who-- 9 (a) is served with a copy of a warrant imposing a charge on property 10 or an order made under section 56; and 11 (b) issued or administers the charged property; 12 must not sell or otherwise deal with the property. 13 Maximum penalty--200 penalty units or 3 years imprisonment. 14 (3) If, despite subsection (2), the person who issued or administers the 15 charged property sells, transfers or otherwise deals with the property, the 16 person is liable to FINDER for the value or amount of the charged property 17 dealt with or the order debt, whichever is smaller. 18 of entry to execute enforcement warrant 19 Power 58.(1) An enforcement officer may, at any reasonable time of the day or 20 night, enter any premises stated in an enforcement warrant for the purposes 21 of executing the warrant. 22 (2) However, an enforcement officer may enter a part of premises used 23 only for residential purposes only if the occupier consents to the entry or 24 entry is authorised under a search warrant. 25 staying or varying enforcement warrants 26 Cancelling, 59.(1) An enforcement debtor may apply to the registrar for the 27 cancellation, stay or variation of all or part of an enforcement warrant, 28 including because of facts that arise or are discovered after the warrant was 29

 


 

s 60 45 s 61 Fines issued. 1 (2) The application must state the facts relied on by the enforcement 2 debtor. 3 (3) The registrar may, by order, cancel, stay or vary an enforcement 4 warrant, whether or not on an application under subsection (1). 5 (4) If the registrar cancels, stays or varies an enforcement warrant-- 6 (a) for regular redirection of a debt owing to the enforcement 7 debtor--the registrar must serve notice of the order on the 8 enforcement debtor and the financial institution named in the 9 warrant; or 10 (b) for redirection of the enforcement debtor's earnings--the registrar 11 must serve notice of the order on the enforcement debtor's 12 employer. 13 (5) An order varying an enforcement warrant does not come into force 14 until the end of 7 days after the day on which it is served on the financial 15 institution. 16 of enforcement warrant 17 Return 60.(1) An enforcement officer must give to the registrar a return of the 18 warrant. 19 (2) The return of an enforcement warrant must be made by giving the 20 original warrant to the registrar with a certificate written on or attached to it 21 signed by the enforcement officer and stating what was done to enforce the 22 warrant. 23 6--Other enforcement provisions 24 Division warrant 25 Search 61.(1) If an enforcement officer reasonably believes there may be in any 26 premises property that may be seized under an enforcement warrant, the 27 enforcement officer may apply to a magistrate or a justice of the peace 28 (magistrates court) for the issue of a warrant under this section (a "search 29 warrant"). 30

 


 

s 62 46 s 63 Fines (2) The magistrate or justice (the "issuer") may refuse to consider the 1 application until the enforcement officer gives the issuer all the information 2 the issuer requires about the application in the way the issuer requires. 3 4 Example-- 5 The issuer may require additional information about the application to be given by 6 statutory declaration. (3) The issuer may issue the warrant only if satisfied there are reasonable 7 grounds for believing there is in the premises property an enforcement 8 officer may seize under an enforcement warrant. 9 (4) The warrant must state-- 10 (a) that a stated enforcement officer, or all enforcement officers, may 11 enter the place and exercise the powers under section 62; and 12 (b) if the warrant is to be executed at night--the hours when the place 13 may be entered; and 14 (c) the warrant ends 7 days after it is issued. 15 under search warrant 16 Powers 62.(1) An enforcement officer has the following powers under a search 17 warrant-- 18 (a) power to enter stated premises and to stay on the premises for the 19 time reasonably necessary to exercise the power in paragraph (b); 20 (b) power to search for and seize any property the enforcement 21 officer may seize under an enforcement warrant; 22 (c) power to use reasonable help and force for paragraphs (a) and (b). 23 (2) However, an enforcement officer does not have power under this 24 section to seize property under any warrant of execution or order, other than 25 an enforcement warrant under this Act, while the person is in premises only 26 under a search warrant under this Act. 27 of interests 28 Registration 63.(1) If the registrar issues an enforcement warrant, the registrar may 29 also register with the registrar of titles or any other person required or 30

 


 

s 64 47 s 64 Fines permitted to keep a register about dealing with property-- 1 (a) if the total amount stated in the warrant is more than $1 000--an 2 interest in land; or 3 (b) in any case--an interest in any other property, for example, a 4 vehicle. 5 (2) On registration of an interest in land or other property, the amount of 6 the interest becomes a charge on the land or other property ranking in 7 priority according to the time of its registration. 8 (3) Subsection (2) applies subject to any other Act. 9 imprisonment is not an appropriate option 10 When 64.(1) This section applies if-- 11 (a) an enforcement warrant has been issued for an enforcement 12 debtor for an unpaid amount; and 13 (b) apart from imprisonment, all possible steps have been taken 14 under this Act to recover the unpaid amount; and 15 (c) the registrar is satisfied-- 16 (i) the enforcement debtor is not suitable for performing 17 community service under a fine option order; and 18 (ii) the enforcement debtor can not pay or continue to pay all or 19 part of the unpaid amount; and 20 (iii) in the particular circumstances, it would be inappropriate to 21 enforce the payment of the amount by issuing an arrest and 22 imprisonment warrant for the enforcement debtor. 23 (2) The registrar may-- 24 (a) if the unpaid amount for which the enforcement warrant was 25 issued was registered under section 2327 after the making of an 26 order by a court--by order, refer the enforcement debtor to the 27 court that made the order to be further dealt with according to law; 28 or 29 27 Section 23 (Registration of unpaid fine, penalty or other debt)

 


 

s 64 48 s 64 Fines (b) order that the enforcement debtor must be of good behaviour, 1 with or without sureties, for the period, of not longer than 3 years, 2 stated in the order. 3 (3) Before making an order under subsection (2), the registrar must give 4 the enforcement debtor 7 days written notice of intention to make the order. 5 (4) The notice must state-- 6 (a) the order the registrar intends to make and the consequences of 7 the order; and 8 (b) if the order is to be made under subsection (2)(b)--the order can 9 not be made without the enforcement debtor's consent; and 10 (c) that if the registrar does not make the order, the registrar may 11 issue an arrest and imprisonment warrant for the enforcement 12 debtor for the unpaid amount. 13 (5) In making an order under subsection (2)(b), the registrar may impose 14 any additional conditions the registrar considers appropriate. 15 (6) If the registrar makes an order under subsection (2)(a), the registrar 16 must refer prescribed particulars of the enforcement debtor to the relevant 17 court. 18 (7) On the making of an order under subsection (2)(a), any enforcement 19 warrant for the enforcement debtor stops having effect. 20 (8) If it is proved to the satisfaction of the registrar that the enforcement 21 debtor has contravened an order made under subsection (2)(b), the registrar 22 may, without notice to the enforcement debtor, issue an arrest and 23 imprisonment warrant for the enforcement debtor for the total of the unpaid 24 amount. 25 (9) The warrant must be for the arrest and imprisonment of the 26 enforcement debtor for the period, stated in the warrant, worked out for the 27 unpaid amount in the same way as the period of imprisonment for an 28 amount stated in an enforcement order is worked out under section 39(8).28 29 28 Section 39 (Issue of enforcement order)

 


 

s 65 49 s 66 Fines by imprisonment 1 Enforcement 65.(1) This section applies only if, after attempting to enforce an 2 enforcement warrant against an enforcement debtor, the registrar is satisfied 3 the unpaid amount under the enforcement warrant can not be satisfied in 4 any other way authorised under this Act. 5 (2) The registrar may issue an arrest and imprisonment warrant for the 6 arrest and imprisonment of the enforcement debtor for the period, stated in 7 the warrant, worked out for the unpaid amount in the same way as the 8 period of imprisonment for an amount stated in an enforcement order is 9 worked out under section 39(8). 10 (3) However, the warrant stops having effect if the amount unpaid under 11 an enforcement warrant is paid before the enforcement debtor is 12 imprisoned. 13 (4) The warrant must be directed to all police officers. 14 (5) The period of imprisonment an enforcement debtor must serve under 15 the warrant is cumulative on any other period of imprisonment the debtor 16 must serve under any other warrant or an order of a court. 17 of fine by imprisonment 18 Satisfaction 66.(1) If a person serves the total period of imprisonment under any 19 arrest and imprisonment warrant under this Act, the unpaid amount stated 20 in the warrant is taken to be satisfied. 21 (2) If a person pays part of the unpaid amount stated in an enforcement 22 warrant before the person is imprisoned under an arrest and imprisonment 23 warrant, the warrant has effect as if the period of imprisonment stated in it 24 were the balance remaining to be paid divided by the relevant cut-out rate, 25 expressed in whole days rounded down. 26 27 Example for subsection (2)-- 28 B is fined $1 000 and ordered to serve 14 days imprisonment if the fine is not 29 paid. Before B is imprisoned, B pays $600 of the fine. If the cut-out rate is $75, the 30 period for which B may be imprisoned is reduced to 5 days. (3) If a person who is imprisoned under an arrest and imprisonment 31 warrant wants to pay the balance of the unpaid amount stated in the warrant, 32 the balance is the amount worked out by multiplying the number of days 33

 


 

s 67 50 s 68 Fines remaining to be served by the relevant cut-out rate. 1 2 Example for subsection (3)-- 3 B is imprisoned for 16 days for failing to pay a fine of $1 000. After serving 5 days 4 imprisonment, B decides to pay the balance of the amount. If the cut-out rate is $60, 5 B must pay $660. (5) On the satisfaction of the unpaid amount under this section, the 6 person's imprisonment ends and the person must be released. 7 of satisfaction of fines if arrest and imprisonment warrant 8 Order issued 9 67.(1) This section applies if any arrest and imprisonment warrant under 10 this Act is issued for an enforcement debtor for an unpaid amount 11 consisting of a fine and another amount or amounts. 12 (2) If the enforcement debtor pays all or part of the unpaid amount, the 13 amount paid is to be applied as follows-- 14 (a) to discharge any amount ordered to be paid by way of restitution 15 or compensation; 16 (b) to discharge any amount of costs, fees or charges; 17 (c) to discharge the fine. 18 (3) If the enforcement debtor is imprisoned, the period of imprisonment 19 discharges the unpaid amount in the following order-- 20 (a) the amount of the fine; 21 (b) any amount of costs, fees or charges; 22 (c) any amount ordered to be paid by way of restitution or 23 compensation. 24 of particular proceedings 25 Effect 68.(1) If-- 26 (a) a person served with an infringement notice pays the amount 27 owing under an enforcement order for the offence in full; or 28 (b) an enforcement warrant is executed against a person served with 29 an infringement notice for the amount owing under an 30

 


 

s 69 51 s 69 Fines enforcement order for the offence; 1 the proceedings that may be brought against, and the penalties that may be 2 imposed on, the person for the offence are limited to proceedings and 3 penalties that could be brought or imposed if the person had already been 4 convicted of, and punished for, the offence. 5 (2) Subsection (1)(a) stops applying if the enforcement order is 6 withdrawn or cancelled after the amount is paid. 7 (3) The making of the enforcement order is not a conviction for the 8 offence. 9 (4) Payment of an amount for the offence is not an admission for any 10 civil or criminal proceeding arising out of the event for which the 11 infringement notice was issued. 12 (5) The Governor may remit all or part of an unpaid amount stated in an 13 enforcement order, whether or not any part of the amount is payable to 14 someone other than the State, and on the remission the enforcement order 15 stops having effect to the extent of the remission. 16 of appeal on enforcement order 17 Effect 69.(1) This section applies if, after an enforcement order is made for a 18 penalty imposed by a court for an offence, the enforcement debtor appeals 19 against the conviction or sentence for the offence. 20 (2) The registrar must ensure that any steps taken under this Act to 21 enforce the enforcement order are discontinued immediately and no further 22 action is taken under this Act for the penalty for the offence until the matter 23 of the appeal is decided. 24 (3) The appeal has the effect of suspending the enforcement order. 25 (4) If a drivers licence is suspended under this part, the suspension stops 26 having effect. 27 (5) If the appeal is upheld, the registrar must refund to the enforcement 28 debtor any amount paid to FINDER for the offence. 29 (6) However, if the appeal is dismissed, the registrar may continue to 30 enforce the enforcement order. 31

 


 

s 70 52 s 72 Fines 7--Cancellation of certain enforcement orders 1 Division of div 7 2 Application 70. This division applies to enforcement orders for infringement notice 3 offences ("relevant enforcement orders"). 4 for cancellation of enforcement orders 5 Applications 71.(1) A person may apply in writing to FINDER for the cancellation of 6 a relevant enforcement order for either of the following reasons-- 7 (a) the person did not receive-- 8 (i) the infringement notice; or 9 (ii) the enforcement order; or 10 (iii) the notice of intention to suspend a drivers licence; or 11 (iv) any reminder notice the relevant administering authority sent 12 to the person about the infringement notice; 13 (b) the person was hindered by accident, illness, misadventure or 14 another similar reason from taking action in relation to the 15 infringement notice. 16 (2) The application must be made within 1 year after the making of the 17 relevant enforcement order. 18 (3) A person must not, without the approval of the registrar, make more 19 than 1 application in relation to the same matter. 20 on application 21 Decision 72.(1) The registrar may cancel a relevant enforcement order only if the 22 registrar is satisfied of the reason stated in the application. 23 (2) For subsection (1), the registrar may ask the applicant to give to the 24 registrar any information prescribed under a regulation that will help the 25 registrar decide the application. 26 (3) The registrar may deal with the application in the absence of the 27 applicant, unless the registrar otherwise decides. 28

 


 

s 73 53 s 74 Fines (4) If the registrar cancels the relevant enforcement order, the registrar 1 must, in the approved form ("referral notice"), refer the matter of the 2 offence to a Magistrates Court to be dealt with under section 73, unless the 3 amount payable under the enforcement order is paid on the cancellation of 4 the order. 5 (5) The registrar must give to the applicant notice of the decision. 6 against refusal to cancel enforcement order 7 Appeal 73.(1) If, after considering an application to cancel an enforcement order, 8 the registrar refuses to cancel the order, the applicant may apply in writing 9 to a Magistrates Court to have the original application decided by the court. 10 (2) The application must be filed with the registrar of the court ("court 11 registrar"). 12 (3) The court registrar must, as soon as practicable, refer the matter to the 13 court and notify the applicant and the registrar of when and where the 14 application is to be decided. 15 (4) The court may make any decision about the application that the 16 registrar could have made. 17 (5) The court may decide the application in the absence of the applicant if 18 the court is satisfied the applicant is avoiding service of the notice or can 19 not, after reasonable search and inquiry, be found. 20 (6) Also, the court may decide the application if it is satisfied that no 21 party to the application will be prejudiced by the non-service of, or any error 22 or omission in, the referral notice. 23 for offence if fine enforcement order cancelled 24 Proceedings 74.(1) A Magistrates Court must hear and decide a matter to which a 25 cancelled enforcement order relates as if no relevant enforcement order had 26 previously been made. 27 (2) The court may hear and decide the matter immediately or at a later 28 sitting of the court. 29 (3) The court must not hear and decide the matter if the amount payable 30 under the infringement notice to which it relates is paid on cancellation of 31

 


 

s 75 54 s 75 Fines the order. 1 (4) The court may also make an order for costs. 2 (5) For hearing and deciding a matter under this section, the application 3 for the order and any attachment or certificate is taken-- 4 (a) to be a complaint in relation to the offence; and 5 (b) to have been filed when it was made; and 6 (c) to have been filed by the authorised person who served the 7 relevant infringement notice. 8 (6) The authorised person who served the infringement notice, or an 9 appropriate officer nominated by that person, is taken to be the complainant. 10 relating to cancellation of enforcement order 11 Provisions 75.(1) On an application under section 71 or 72,29 the registrar or a 12 Magistrates Court may stay enforcement action under a relevant 13 enforcement order on the conditions the registrar or the court considers 14 appropriate. 15 (2) An application may be made for the cancellation of a relevant 16 enforcement order for 1 or more of the infringement notices to which it 17 relates. 18 (3) An application may be made for the cancellation of 2 or more 19 relevant enforcement orders. 20 (4) If a relevant enforcement order is cancelled in relation to 1 or more, 21 but not all, of the infringement notices to which it relates, the enforcement 22 order continues to have effect for the remaining infringement notices. 23 (5) A relevant enforcement order that is cancelled stops having effect on 24 the making of the order cancelling it and any enforcement action already 25 taken must, if practicable, be reversed. 26 (6) If a relevant enforcement order is cancelled-- 27 (a) enforcement costs are not payable for the issue of the order; and 28 29 Section 71 (Applications for cancellation of enforcement orders) or 72 (Decision on application)

 


 

s 76 55 s 77 Fines (b) any amount that has been paid under the order is repayable to the 1 person by whom it was paid; and 2 (c) the period within which a proceeding for the offence to which the 3 order relates may be started for the matter under the Justices 4 Act 1886 or any other Act starts on the day the order is cancelled. 5 8--Content of certain notices, orders, warrants etc. 6 Division payment notice 7 Instalment 76. A notice of registration of an application to pay a fine by instalments 8 ("instalment payment notice") must be in the approved form and state the 9 following-- 10 (a) the full name and address of the person liable to pay the 11 instalments; 12 (b) the offence; 13 (c) the unpaid amount of the fine; 14 (d) the amount to be paid for each instalment; 15 (e) when each instalment must be paid; 16 (f) if instalment payments are not made as required, the registrar 17 may cancel the instalment payment notice without further notice; 18 (g) if the instalment payment notice is cancelled-- 19 (i) a registration fee prescribed under a regulation, of the same 20 value as the enforcement notice filing fee, will be added to 21 the unpaid amount; and 22 (ii) the person will be not be given another opportunity to pay 23 the penalty by instalments; 24 (h) anything else prescribed under a regulation. 25 certificate for fine option order 26 Enforcement 77. A certificate for enforcing a fine converted to a fine option order (an 27 "enforcement certificate") must be in the approved form and state the 28

 


 

s 78 56 s 78 Fines following-- 1 (a) the name of the person liable to perform unpaid community 2 service under the order; 3 (b) the offence or offence; 4 (c) if relevant--the infringement notice number; 5 (d) how many hours of unpaid community service the person 6 performed under the order; 7 (e) the total amount owing because the person did not comply with 8 the fine option order.30 9 certificate for fine under infringement notice 10 Enforcement 78. A certificate (also an "enforcementcertificate") for enforcing a fine 11 under an infringement notice must be in the approved form and state the 12 following-- 13 (a) the name of the person liable to pay the fine; 14 (b) the offence; 15 (c) an infringement notice was, on a stated day, served on the alleged 16 offender for the offence; 17 (d) before the certificate was given, the alleged offender did not-- 18 (i) pay to the administering authority the amount stated in the 19 notice as the unpaid amount for the offence; or 20 (ii) apply to the administering authority to pay the fine by 21 instalments; or 22 (iii) apply to QCSC for the conversion of the fine to hours of 23 unpaid community service; 24 (iv) give to the administering authority a written election to have 25 the matter of the offence decided in a Magistrates Court; 26 (e) a proceeding has not been started against the alleged offender for 27 the offence; 28 30 This is the total of the money value of the community service not performed and the registration fee.

 


 

s 79 57 s 79 Fines (f) a proceeding against the alleged offender for the offence has not 1 been withdrawn under section 21.31 2 of intention to enforce an enforcement order 3 Notice 79.(1) A notice of intention to enforce an enforcement order must be in 4 the approved form and state the following-- 5 (a) the name of the person against whom it is intended to enforce the 6 order; 7 (b) if relevant--the offence; 8 (c) if the enforcement order relates to an infringement notice--the 9 infringement notice number; 10 (d) the amount owing. 11 (2) The notice must also inform the person of the following-- 12 (a) that the person must, in relation to the offence-- 13 (i) pay the full amount to FINDER within 28 days after the date 14 of the notice; or 15 (ii) apply to FINDER to pay the amount by instalments; or 16 (iii) if no fine option order has been made for the amount--apply 17 to QCSC for conversion of the amount to hours of unpaid 18 community service; 19 (iv) if the notice relates to an infringement notice offence--give 20 to the administering authority a written election to have the 21 matter of the offence decided in a Magistrates Court; 22 (b) that if the person does not take action under paragraph (a), the 23 registrar may-- 24 (i) issue an arrest and imprisonment warrant for the person for 25 the period necessary to discharge the total of the unpaid 26 amount, the warrant issue fee and the enforcement officer's 27 costs; 28 (ii) issue an enforcement warrant authorising an enforcement 29 31 Section 21 (Administering authority may withdraw infringement notice)

 


 

s 79 58 s 79 Fines officer to seize and sell real and personal property in which 1 the person has a legal or beneficial interest, to satisfy the 2 amount unpaid, the warrant issue fee and the enforcement 3 officer's fee; or 4 (iii) issue an enforcement warrant for the redirection of all or part 5 of a debt owed to the person or for the regular redirection of 6 all or part of a regular debt; or 7 (iv) on the application, or with the consent, of the person--issue 8 an enforcement warrant for the redirection of the person's 9 earnings; 10 (v) issue an enforcement warrant imposing a charge on 11 property, for example, annuities, debentures, stocks and 12 other property mentioned in section 54(2);32 13 (c) that if an enforcement warrant is issued, the person's drivers 14 licence, if the person holds one, will be suspended when the 15 warrant is issued; 16 (d) that if-- 17 (i) the person is an individual; and 18 (ii) an enforcement officer returns an enforcement warrant to 19 seize and sell property because the amount unpaid, the 20 warrant issue fee and enforcement officer's fee can not be 21 satisfied under the warrant; 22 the registrar may issue an arrest and imprisonment warrant for 23 the person for the period necessary to discharge the total of the 24 unpaid amount, the warrant issue fee and the enforcement 25 officer's costs; 26 (g) that the registrar may also register an interest and a charge-- 27 (i) for an unpaid amount of more than $1 000--in land; or 28 (ii) in any case--in any other property, for example, a vehicle. 29 32 Section 54 (Warrant imposing a charge on property)

 


 

s 80 59 s 81 Fines of intention to suspend drivers licence 1 Notice 80. A notice of intention to suspend a drivers licence must be in the 2 approved form and state-- 3 (a) that if the person does not comply with the enforcement order and 4 the person has a drivers licence-- 5 (i) the drivers licence will be suspended until the amount owing 6 is paid or otherwise discharged; and 7 (ii) some or all of the enforcement procedures mentioned in the 8 enforcement order may be taken against the person; and 9 (b) it is an offence against the Traffic Act 1949 to drive a vehicle 10 while the drivers licence is suspended under this Act and the 11 penalty for the offence.33 12 of enforcement warrant for regular redirection 13 Content 81. An enforcement warrant for regular redirection must, in addition to 14 any other details required to be stated in the warrant, include the 15 following-- 16 (a) the name of the enforcement debtor; 17 (b) the name of the financial institution that must deduct amounts 18 from a regular debt; 19 (c) details of the enforcement debtor's financial institution account 20 from which the deduction is to be made; 21 (d) the total amount the financial institution must deduct from the 22 enforcement debtor's account; 23 (e) the amount that the financial institution must deduct each time a 24 regular deposit is made to the account; 25 (f) a requirement that the financial institution must give the deducted 26 amount to FINDER; 27 (g) anything else prescribed under a regulation. 28 33 The penalty is a fine of 40 penalty units or 1 years imprisonment and, on conviction, disqualification form holding or obtaining a drivers licence for 6 months.

 


 

s 82 60 s 84 Fines of enforcement warrant redirecting earnings 1 Content 82. An enforcement warrant authorising the redirection of earnings, 2 must, in addition to the details required to be stated in the warrant, include 3 the following-- 4 (a) the name of the enforcement debtor; 5 (b) the name of the enforcement debtor's employer who must deduct 6 amounts from the enforcement debtor's earnings; 7 (c) the total amount that the enforcement debtor's employer must 8 deduct from the enforcement debtor's earnings; 9 (d) the amount that the enforcement debtor's employer must deduct 10 each pay day from the enforcement debtor's earnings; 11 (e) a requirement that the enforcement debtor's employer must give 12 the deducted amount to FINDER; 13 (f) anything else prescribed under a regulation. 14 of enforcement warrant imposing a charge on property 15 Content 83. An enforcement warrant imposing a charge on property must, in 16 addition to the details required to be stated in the warrant, include the 17 following-- 18 (a) the name of the enforcement debtor; 19 (b) a description of the charged property; 20 (c) the name of the person who issued or administers the charged 21 property; 22 (d) anything else prescribed under a regulation. 23 9--General provisions 24 Division of enforcement order 25 Service 84. The registrar may serve an enforcement order on a person personally 26 or by sending the order by ordinary post to-- 27 (a) for an individual--the address of the place of residence or the 28

 


 

s 85 61 s 87 Fines business of the person last known to FINDER; or 1 (b) for a corporation--the head office, a registered office or a 2 principal office of the corporation. 3 of suspension of drivers licence on vehicle insurance 4 Effect 85.(1) The suspension of a person's drivers licence under this Act does 5 not terminate a vehicle insurance policy. 6 (2) Also, a claim under a vehicle insurance policy can not be refused only 7 because a person's drivers licence is suspended under this Act. 8 (3) This section has effect despite anything to the contrary in a vehicle 9 insurance policy or any other agreement. 10 (4) In this section-- 11 "vehicle insurance policy" means a policy of insurance for damage or loss 12 caused by or arising out of the use or operation of a vehicle, but does 13 not include a CTP insurance policy within the meaning of the Motor 14 Accident Insurance Act 1994. 15 of orders and warrants 16 Effect 86.(1) For this Act, an order or warrant issued by the registrar is taken to 17 be an order or warrant of the Brisbane Central Magistrates Court. 18 (2) A person required to take stated action under a warrant must comply 19 with the warrant. 20 Maximum penalty for subsection (2)--40 penalty units or 1 year's 21 imprisonment. 22 protected from dismissal or prejudice 23 Employees 87. An employer must not dismiss an employee, or otherwise prejudice 24 an employee in his or her employment, because an enforcement warrant 25 authorising redirection of the employee's earnings has been made. 26 Maximum penalty--100 penalty units or 2 years imprisonment. 27

 


 

s 88 62 s 88 Fines to correct mistake of fact 1 Application 88.(1) If the registrar is satisfied-- 2 (a) a person has been incorrectly named in an infringement notice as 3 the alleged offender for an infringement notice offence because of 4 either of the following-- 5 (i) a mistake of fact; 6 (ii) the use, by the person who actually committed the 7 infringement notice offence, of the name or other particulars 8 of someone who did not commit the offence; and 9 (b) the administering authority has refused to withdraw the relevant 10 infringement notice; 11 the registrar may apply to a Magistrates Court for an order cancelling the 12 infringement notice. 13 (2) The court may cancel or refuse to cancel the infringement notice. 14 (3) If the court cancels an infringement notice for an infringement notice 15 offence for which the alleged offender accumulated demerit points under the 16 Traffic Act 1949 or the Nature Conservation Act 1992, or another law 17 prescribed under a regulation, the demerit points for the offence are also 18 cancelled. 19 (4) Also, if, because of the cancelled infringement notice, a licence, 20 permit or other authority was suspended or cancelled, the suspension or 21 cancellation stops having effect, unless the person's licence, permit or 22 authority would still be suspended, cancelled or no longer in force for 23 another reason. 24 (5) In addition, no compensation is payable to the person because of the 25 administering authority's refusal to withdraw the infringement notice. 26 (6) Further, if the infringement notice is cancelled more than 1 year after 27 the date of the infringement notice and the name of the actual offender is 28 known, nothing in this or any other Act prevents the administering authority 29 issuing an infringement notice against the actual offender or starting a 30 proceeding in a court for the offence against the actual offender. 31

 


 

s 89 63 s 90 Fines to information 1 Access 89.(1) For enabling FINDER to enforce this Act, the registrar may ask 2 an entity prescribed under a regulation for this section to give to the registrar 3 information about the current and any previous address of a stated person as 4 shown in any records kept by the entity. 5 (2) The prescribed entity must give the information to the registrar as 6 soon as practicable after receiving the request, unless the prescribed entity 7 reasonably suspects disclosing the information is likely to endanger the 8 person's safety. 9 (3) The obligation to give the information under subsection (2) has effect 10 despite any other Act. 11 (4) The registrar must not disclose the information to anyone else, other 12 than for enforcing an enforcement warrant under this Act. 13 Maximum penalty--40 penalty units or 18 months imprisonment. 14 (5) A person to whom information is disclosed under subsection (4) 15 must not disclose the information to anyone else. 16 Maximum penalty for subsection (5)--40 penalty units or 18 months 17 imprisonment. 18 transmission of particular documents 19 Electronic 90.(1) The following documents under this Act may be transmitted 20 electronically to the person or entity to whom they are given or directed-- 21 (a) a request of the registrar under section 88;34 22 (b) an enforcement warrant; 23 (c) a search warrant; 24 (d) an arrest and imprisonment warrant; 25 (e) any other document containing information under this Act that is 26 required or permitted to be given by someone to someone else. 27 (2) For executing an order or warrant, the enforcement officer to whom 28 the order or warrant is transmitted must cause a copy of the order or 29 34 Section 88 (Application to correct mistake of fact)

 


 

s 91 64 s 92 Fines warrant to be converted into written form and to be endorsed in the way 1 required under a regulation. 2 of person executing order or warrant to demand name and 3 Power address 4 91.(1) An enforcement officer executing an order or warrant under this 5 Act may require a person the enforcement officer reasonably suspects to be 6 the person named in the order or warrant to state the person's correct name 7 and address. 8 (2) Also, an enforcement officer may require the person to give evidence 9 of the correctness of the stated name or address if, in the circumstances, it 10 would be reasonable to expect the person to be in the possession of 11 evidence of the correctness of the stated name or address or to otherwise be 12 able to give the evidence. 13 (3) When making the requirement, the enforcement officer must warn 14 the person it is an offence to fail to state the person's correct name and 15 address or fail to provide evidence of the correctness of the stated name or 16 address, unless the person has a reasonable excuse. 17 (4) A person must comply with a requirement under subsection (1) 18 or (2), unless the person has a reasonable excuse. 19 Maximum penalty--10 penalty units. 20 (5) A person does not commit an offence against subsection (4) if the 21 person given the requirement is not proved to be the person named in the 22 order or warrant. 23 costs and their allocation 24 Enforcement 92.(1) A regulation may prescribe the enforcement costs payable for any 25 step taken for enforcing payment of a fine, penalty or another amount under 26 this Act. 27 (2) If no enforcement costs are prescribed, no enforcement costs are 28 payable. 29 (3) The amount prescribed as enforcement costs may include costs 30 payable to an entity other than FINDER for the matter to which the 31 enforcement warrant relates. 32

 


 

s 93 65 s 93 Fines (4) Any amount recovered because of an enforcement order must, unless 1 this Act otherwise provides, be applied in the following order-- 2 (a) to any fine payable under an infringement notice; or 3 (b) if the payment relates to an amount ordered to be paid by a 4 court-- 5 (i) first, to any amount (other than a fine) required to be paid 6 under the order; and 7 (ii) then, if the payment relates to a fine, to the amount of the 8 fine. 9 ART 6--RECIPROCAL ENFORCEMENT OF FINES 10 P for pt 6 11 Definitions 93. In this part-- 12 "conviction" means a finding of guilt, or the acceptance of a plea of guilty, 13 by a court, before or after the commencement of this part, in a 14 proceeding for an offence, and includes an enforcement order or a 15 similar order. 16 "fine" means-- 17 (a) a fine and any fees, charges and costs payable under an order 18 made in a proceeding, whether or not a conviction was recorded 19 against the person fined; or 20 (b) a fine under an infringement notice. 21 "Queensland fine" means a fine payable under a conviction of a 22 Queensland court, and includes an amount payable under an 23 enforcement order under this Act. 24 "reciprocating court" means a court declared under section 94 to be a 25 reciprocating court for this Act. 26 "relevant officer" of a reciprocating court means the registrar, however 27 described, of the reciprocating court. 28

 


 

s 94 66 s 96 Fines of reciprocating court 1 Declaration 94. If another State has laws providing for the enforcement in that State 2 of a Queensland fine, the Governor in Council may, under a regulation, 3 declare a court that exercises criminal jurisdiction in the other State to be a 4 reciprocating court for this Act. 5 of Queensland fine by reciprocating court 6 Enforcement 95.(1) If another State has laws providing for enforcement in that State of 7 a Queensland fine, the registrar may, on the registrar's own initiative or for 8 the registrar of a Queensland court, give to the relevant officer of the 9 reciprocating court a written request for the enforcement of a particular 10 Queensland fine in that State. 11 (2) An amount received from a reciprocating court by the registrar or the 12 registrar of a court in satisfaction of all or part of a Queensland fine must be 13 applied as if the amount had been paid to the relevant registrar by the person 14 by whom the fine was payable in satisfaction of all or part of the fine. 15 (3) If, after a request is made under subsection (1), the registrar receives 16 an amount in satisfaction of all or part of the fine from someone other than 17 the relevant officer of the reciprocating court to whom the request was 18 made, the registrar must, as soon as practicable, notify the relevant officer 19 of the amount of the payment. 20 of fine imposed by reciprocating court 21 Enforcement 96.(1) This section applies if-- 22 (a) under a conviction of a reciprocating court, a fine is payable by a 23 person having or appearing to have property in Queensland; and 24 (b) the registrar receives a written request from the relevant officer of 25 the reciprocating court for the enforcement of the fine; and 26 (c) the request is accompanied by-- 27 (i) a copy, certified by the relevant officer to be correct, of the 28 conviction, and 29 (ii) a certificate signed by the relevant officer stating the amount 30 of the fine that remains unpaid. 31

 


 

s 97 67 s 98 Fines (2) The registrar must register the certified copy of the conviction and 1 write the date of registration on it. 2 (3) On registration of the conviction-- 3 (a) the conviction is, for this part, taken to be a conviction of a 4 Queensland court; and 5 (b) the registrar must make an enforcement order under this Act for 6 the purpose of recovering the amount stated as unpaid in the 7 certificate relating to the conviction. 8 (4) If, after the registrar receives a request under this section in relation to 9 a fine payable under a conviction of a reciprocating court, the registrar 10 receives a notification from the relevant officer of the reciprocating court of 11 payment of an amount in satisfaction of all or part of the amount of the 12 fine-- 13 (a) the registrar must register particulars of the payment; and 14 (b) the payment is, for the purposes of enforcement action under this 15 Act, taken to be a payment under an enforcement order made 16 under this section. 17 (5) The registrar must pay the amount of any fine recovered by the 18 registrar under the enforcement order into the consolidated fund. 19 (6) A document that appears to have been signed by the relevant officer 20 of a reciprocating court is taken to have been signed by the relevant officer, 21 unless the contrary is proved. 22 ART 7--THE OFFICE OF FINDER 23 P of FINDER Office 24 Establishment 97. An Office of Finder is established. 25 of office 26 Functions 98.(1) The office has the functions conferred or imposed on it by or 27

 


 

s 99 68 s 99 Fines under this or another Act. 1 (2) In particular, the office has the following functions-- 2 (a) administering the making of enforcement orders; 3 (b) taking enforcement action under this Act; 4 (c) the collection of amounts payable to FINDER under this Act. 5 (3) The functions must be performed in accordance with the FINDER 6 charter. 7 FINDER charter 8 The 99. The FINDER charter includes the following-- 9 (a) strengthening the integrity of fines as a viable sentencing or 10 punitive option for offenders; 11 (b) maintaining confidence in the justice system by enhancing the 12 way fines and other money penalties may be enforced; 13 (c) reducing the cost to the State of enforcing fines and other money 14 penalties by streamlining-- 15 (i) their collection and enforcement; and 16 (ii) the recovery of other amounts including, for example, 17 bonds, recognisances and sureties; 18 (d) maximising the collection, for victims of offences, of amounts 19 payable under the Penalties and Sentences Act 1992 by way of 20 restitution or compensation; 21 (e) maximising the amount of fines and other money penalties paid 22 before enforcement action is taken; 23 (f) reducing the socially undesirable and costly incidence of 24 imprisonment by using other primary enforcement mechanisms 25 and sanctions; 26 (g) promoting a philosophy that community service work is an 27 alternative to imprisonment and not an alternative to a fine; 28 (h) promoting public education about the obligations of offenders and 29 the consequences of not satisfying the obligations. 30

 


 

s 100 69 s 102 Fines and other staff of office 1 Registrar 100.(1) The registrar and other staff of the office are to be employed 2 under the Public Service Act 1996. 3 (2) Also, the registrar may, for enforcing this Act, engage commercial 4 agents as enforcement officers. 5 of office 6 Management 101.(1) The registrar is responsible for managing and controlling the 7 affairs of the office in accordance with this Act. 8 (2) Any act, matter or thing done in the name or on behalf of the office 9 by the registrar is taken to have been done by the office. 10 (3) However, only the registrar or staff of the office who are justices of 11 the peace (magistrates court) may make or issue an order or warrant under 12 this Act. 13 (4) A power exercised by someone other than the registrar under 14 subsection (3) may be exercised in the person's own name or in the name 15 of the registrar. 16 (5) The registrar and other staff have, for making or issuing an order or 17 warrant under this Act, the same immunities and protection as officers of a 18 court. 19 from commissioner of police service 20 Information 102.(1) The commissioner of the police service may, on the registrar's 21 written request, give to the registrar information in the possession of the 22 police service about a stated person for the purposes of the registrar taking 23 action against the person to enforce payment of an amount under this Act. 24 (2) The information that may be given is-- 25 (a) the person's criminal history; and 26 (b) any address known to the commissioner; and 27 (c) any assets of the person known to the commissioner. 28 (3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 29 1986 does not apply. 30

 


 

s 103 70 s 104 Fines (4) Information given to the registrar under this section must only be 1 used for enforcing payment of the amount. 2 of fine enforcement order 3 Registration 103. The office must register each enforcement order made by it and 4 record details of payments made under the order and the enforcement action 5 taken. 6 ART 8--MISCELLANEOUS 7 P Review Act 1991 8 Judicial 104.(1) This section applies to any of the following decisions (the 9 "decision")-- 10 (a) a decision of QCSC about-- 11 (i) the suitability of a person for making a fine option order 12 under sections 18 and 42;35 or 13 (ii) the failure of a person to comply with a fine option order; or 14 (iii) the suitability of a person to perform community service 15 work under a fine option order under sections 18 and 42; 16 (b) a decision of the registrar-- 17 (i) to revoke a fine option order under section 37;36 or 18 (ii) to refuse to cancel a revocation of a fine option order under 19 section 38.37 20 35 Sections 18 (If QCSC decides alleged offender is suitable for fine option order) and 42 (If QCSC decides enforcement debtor is suitable for fine option order) 36 Section 37 (Revocation of fine option order) 37 Section 38 (Review of revocation of fine option order)

 


 

s 105 71 s 105 Fines (2) The Judicial Review Act 1991, parts 3 and 438 do not apply to the 1 following matters-- 2 (a) conduct engaged in for the purpose of making the decision; 3 (b) other conduct that relates to the making of the decision; 4 (c) the making of the decision; 5 (d) the decision. 6 (3) In particular, but without limiting subsection (2), the Supreme Court 7 does not have jurisdiction to hear and decide applications made to it under 8 the Judicial Review Act 1991, part 3 or 4 about matters mentioned in that 9 subsection. 10 provisions 11 Evidentiary 105.(1) This section applies to a proceeding under this or another Act. 12 (2) A certificate purporting to be signed by an administering authority 13 and stating any of the following matters is evidence of the matter-- 14 (a) a stated infringement notice was served in a stated way on a stated 15 person for a stated infringement notice offence; 16 (b) a person did not pay a fine as required under an infringement 17 notice; 18 (c) an alleged offender elected to have a matter of an offence decided 19 in a Magistrates Court; 20 (d) an alleged offender applied to the administering authority to pay 21 the fine under an infringement notice by instalments (without 22 incurring further costs); 23 (e) an alleged offender applied to QCSC for conversion of a fine to 24 hours of unpaid community service under a fine option order; 25 (f) an infringement notice has not been withdrawn or was withdrawn 26 on a stated date; 27 (g) an offence stated in an infringement notice involved a stated 28 38 Judicial Review Act 1991, parts 3 (Statutory orders of review) and 4 (Reasons for decision)

 


 

s 106 72 s 106 Fines vehicle or animal; 1 (h) a stated person owned a stated vehicle or animal at a stated time; 2 (i) a stated address is the latest address of the owner of a stated 3 vehicle in the record of registration of vehicles under a registration 4 Act; 5 (j) a stated person has or has not given the administering authority an 6 illegal user declaration, known or unknown user declaration or 7 sold vehicle declaration for an offence stated in an infringement 8 notice; 9 (k) a fine has not been paid by, and a penalty has not been imposed 10 on, a stated or any person for an offence stated in an infringement 11 notice. 12 (3) A certificate purporting to be signed by the registrar and stating any 13 of the following matters is evidence of the matter-- 14 (a) stated information or particulars were registered under the Act on 15 a stated day; 16 (b) a stated amount was paid to FINDER on a stated day to satisfy all 17 or a stated part of a stated amount owing under a stated notice, 18 order or warrant; 19 (c) a stated document was issued on a stated day; 20 (d) a stated fine option order relating to a stated person was revoked 21 on a stated day; 22 (e) a warrant to arrest and imprison a stated person was issued under 23 this Act on a stated day. 24 of document 25 Service 106.(1) A document may be served under this Act as provided for under 26 the Acts Interpretation Act 1954. 27 (2) Service by post-- 28 (a) may be effected by properly addressing, prepaying and posting 29 the document as a letter; and 30 (b) is taken to have been effected at the time at which the letter would 31

 


 

s 107 73 s 109 Fines be delivered in the ordinary course of the post. 1 (3) Also, for an instalment payment notice, the notice may be posted to 2 the person at the address stated in particulars registered under section 22.39 3 (4) The Acts Interpretation Act 1954, section 39A(2)40 applies to this 4 Act. 5 for offences 6 Proceedings 107. A proceeding for an offence against this Act may be taken by way 7 of summary proceedings under the Justices Act 1886-- 8 (a) within 1 year after the commission of the offence; or 9 (b) within 6 months after the commission of the offence comes to the 10 complainant's knowledge, but within 2 years after the 11 commission of the offence. 12 by administering authority 13 Delegation 108. The chief executive officer of an administering authority may 14 delegate powers of the administering authority under this Act to an 15 appropriately qualified person. 16 by registrar 17 Delegation 109.(1) The registrar may delegate powers of the registrar under this Act 18 to an appropriately qualified person. 19 (2) Without limiting subsection (1), the registrar may delegate the 20 registrar's powers to engage a commercial agent as an enforcement officer 21 to a bailiff. 22 39 Section 22 (Registration of instalment payments for infringement notice) 40 Acts Interpretation Act 1954, section 39A (Meaning of service by post etc.)

 


 

s 110 74 s 113 Fines of forms by administering authority 1 Approval 110. An administering authority may approve forms for use as 2 infringement notices under this Act. 3 of other forms 4 Approval 111.(1) The chief executive may approve forms for use under this Act. 5 (2) The forms the chief executive may approve under subsection (1) do 6 not include forms for use as infringement notices by an administering 7 authority other than the department. 8 of Act 9 Review 112. The Minister must review the operation of this Act within 1 year 10 after the commencement of this section. 11 power 12 Regulation-making 113.(1) The Governor in Council may make regulations under this Act. 13 (2) A regulation may prescribe an infringement notice fine for an 14 infringement notice offence. 15 (3) A regulation may prescribe an offence to be an infringement notice 16 offence. 17 (4) For a camera-detected offence under the Traffic Act 1949, a regulation 18 may prescribe an infringement notice fine for a corporation up to 5 times 19 the amount payable by an individual for the offence under an infringement 20 notice. 21 (5) Also, a regulation may make provision for enforcing enforcement 22 warrants, including, but not limited to-- 23 (a) the conduct of hearings for enabling the registrar to obtain 24 information to facilitate the enforcement of fines, penalties and 25 other court ordered debts under enforcement warrants; and 26 (b) requiring enforcement debtors to prepare and give to the registrar 27 statements of the enforcement debtor's financial position; and 28 (c) the property that may not be seized under an enforcement 29

 


 

s 114 75 s 116 Fines warrant; and 1 (d) the sale of property seized under an enforcement warrant, the 2 order in which the property may be sold, and when and how the 3 property may be sold; and 4 (e) accounting for the proceeds of a sale of property seized under an 5 enforcement warrant; and 6 (f) the order of priority for enforcing enforcement warrants. 7 amended 8 Acts 114. Schedule 1 amends each Act mentioned in it. 9 amended 10 Regulations 115.(1) Schedule 2 amends each regulation mentioned in it. 11 (2) To remove doubt, it is declared that the amendment of a regulation by 12 this Act does not affect the regulation-making powers the Governor in 13 Council has under the Act under which the regulation is made and, in 14 particular, the power of the Governor in Council to amend a provision of 15 the regulation amended by this Act. 16 ART 9--TRANSITIONAL PROVISIONS 17 P period 18 Amnesty 116.(1) During the amnesty period-- 19 (a) an arrest and imprisonment warrant under this Act may not be 20 issued for non-payment of an amount payable under an 21 infringement notice issued under the Justices Act 1886, part 4A 41 22 before the amnesty period started; and 23 (b) a warrant of commitment issued under the Justices Act 1886 for 24 41 Justices Act 1886, part 4A (Infringement notices)

 


 

s 117 76 s 119 Fines an infringement notice offence under the Justices Act 1886, 1 part 4A, but not executed, before the amnesty period started must 2 not be executed; and 3 (c) any warrant issue fee for a warrant mentioned in paragraph (b) is 4 waived. 5 (2) This section does not apply to the issue or execution of a warrant of 6 commitment for a person who, when the warrant is issued or executed, is a 7 prisoner within the meaning of the Corrective Services Act 1988. 8 (3) This section has effect despite anything to the contrary in the Justices 9 Act 1886 or any other Act. 10 (4) In this section-- 11 "amnesty period" means a 2 month period commencing on the 12 commencement of section 3 or, if a longer period is prescribed under a 13 regulation, the longer period. 14 applies to existing penalty 15 Act 117. Unless this part otherwise provides, this Act applies to a penalty or 16 another amount mentioned in section 23(1) 42 that was imposed on or 17 ordered to be paid by a person before the commencement of this section (an 18 "existing penalty"). 19 of court penalty 20 Saving 118.(1) To remove any doubt, it is declared that the time for payment of 21 an existing penalty imposed by a court is not affected by this Act. 22 (2) However, once the time for payment ends, this Act applies to the 23 existing penalty. 24 of infringement notice 25 Saving 119.(1) An infringement notice issued under the Justices Act 1886, 26 42 Section 23 (Registration of unpaid fine, penalty or other debt)

 


 

s 120 77 s 120 Fines part 4A as in force before the commencement of section 11443 is taken to 1 be an infringement notice issued under this Act, and the penalty stated in the 2 infringement notice is taken to be a fine under the notice. 3 (2) A reminder notice issued under the Justices Act 1886 for an existing 4 penalty and in force immediately before the commencement of this section 5 is taken to be an infringement notice issued under this Act. 6 (3) Subject to subsection (4), an enforcement notice under the Justices 7 Act 1886, section 98O44 for an existing penalty and in force immediately 8 before the commencement of this section continues to have effect until the 9 registrar issues an enforcement order under subsection (4). 10 (4) As soon as practicable after the commencement of this section, the 11 registrar must issue an enforcement order under this Act for each 12 infringement notice to which an enforcement order mentioned in 13 subsection (3) relates. 14 warrant of commitment 15 Existing 120.(1) If a warrant of commitment issued against a person under the 16 Justices Act 1886 for non-payment of an amount that may be registered 17 under this Act was not executed before the commencement of this section, 18 the registrar may cancel the warrant and either accept payment of the 19 amount owing under the warrant or make an enforcement order under this 20 Act for the amount. 21 (2) If the registrar makes an enforcement order for the amount, the 22 registrar is not required to serve a copy of the enforcement order on the 23 person or to give the person any further time to pay the fine before 24 enforcement action is taken under part 5.45 25 (3) The registrar may take enforcement action under part 5 for the 26 enforcement order at any time after the order is made. 27 (4) A person who is, on the commencement of this section, serving a 28 period of imprisonment under a warrant of commitment issued under the 29 43 Section 114 (Acts amended) 44 Justices Act 1886, section 98O (Enforcement procedure) 45 Part 5 (Enforcement of fines, penalties and other court ordered debts)

 


 

s 121 78 s 122 Fines Justices Act 1886 for non-payment of an amount of money is taken to be 1 serving the period of imprisonment under an arrest and imprisonment 2 warrant. 3 fine option order 4 Existing 121.(1) A fine option order made for a person on application under the 5 Justices Act 1886, section 98U46 and in force immediately before the 6 commencement of this section is taken to be a fine option order made under 7 this Act. 8 (2) If the fine option order is revoked, the registrar may make an 9 enforcement order under this Act for the amount concerned. 10 (3) If the registrar makes an enforcement order for the amount, the 11 registrar is not required to serve a copy of the enforcement order on the 12 person or give the person any further time to pay the amount before 13 enforcement action is taken under part 5. 14 (4) The registrar may take enforcement action under part 5 for an 15 enforcement order at any time after the order is made. 16 recognisances, bail and surety amounts 17 Existing 122.(1) This section applies to the following amounts that have not been 18 recovered before the commencement of this section-- 19 (a) an amount of bail that has been forfeited; 20 (b) an amount of a recognisance that has been forfeited; 21 (c) an amount ordered to be paid by a surety. 22 (2) The registrar may ask a person the registrar considers keeps records 23 relating to the amounts to give to the registrar the particulars the registrar 24 reasonably requires for registering the amounts under section 23.47 25 (3) The person must give the information to the registrar as soon as 26 reasonably practicable after receiving the request. 27 46 Justices Act 1886, section 98U (Fine option orders) 47 Section 23 (Registration of unpaid fine, penalty or other debt)

 


 

s 123 79 s 123 Fines of pt 9 1 Expiry 123. This part expires 1 year after it commences. 2

 


 

80 Fines CHEDULE 1 1 S ACTS AMENDED 2 Section 114 3 ROWN PROCEEDINGS ACT 1980 4 C 1. Section 7-- 5 insert-- 6 ` "recognisance" means a recognisance under the Bail Act 1980 or the 7 Penalties and Sentences Act 1992.'. 8 2. Sections 13 and 14-- 9 omit, insert-- 10 `Recovery of debts due by recognisance 11 `13.(1) A court must, on the forfeiture of a recognisance made to the 12 State, order-- 13 (a) that the amount stated in the recognisance be paid to the proper 14 officer of the court by the person indebted, immediately or within 15 the time or by the instalments stated in the order; and 16 (b) that in default of payment of the amount, the person indebted be 17 imprisoned for the term stated in the order, of not more than 2 18 years. 19 `(2) If all or part of the amount remains unpaid after the time allowed by 20 the court, the proper officer may register the amount under the Fines 21 Act 1998, section 23.48 22 `(3) An order made under subsection (1)-- 23 48 Section 23 (Registration of unpaid fine, penalty or other debt)

 


 

81 Fines SCHEDULE 1 (continued) (a) must be in the approved form; and 1 (b) must be given to the proper officer of the court. 2 `Recovery of amount undertaken by surety 3 `14.(1) A court must, on a declaration forfeiting an undertaking as to bail, 4 order-- 5 (a) that the amount undertaken by the surety to be paid to the State on 6 the forfeiture of the undertaking be paid to the proper officer of 7 the court immediately or within the time or by the instalments 8 stated in the order; and 9 (b) that in default of payment of the amount, the person indebted be 10 imprisoned for the term stated in the order, of not more than 2 11 years. 12 `(2) If all or part of the amount remains unpaid after the time allowed by 13 the court, the proper officer may register the amount under the Fines 14 Act 1998, section 23.49 15 `(3) An order under subsection (1)-- 16 (a) must be in the approved form; and 17 (b) must be given to the proper officer of the court.'. 18 3. Section 15(2A)-- 19 omit. 20 4. Sections 16 to 18-- 21 omit. 22 49 Section 23 (Registration of unpaid fine, penalty or other debt)

 


 

82 Fines SCHEDULE 1 (continued) LECTORAL ACT 1992 1 E 1. Section 125A(2), definition "proceeding", `Justices Act 1886, 2 part 4A'-- 3 omit, insert-- 4 `Fines Act 1998'. 5 JUDICIAL REVIEW ACT 1991 6 1. Schedule 1, part 1-- 7 insert-- 8 `3A. Fines Act 1998, section 104(2).'. 9 JUSTICES ACT 1886 10 1. Part 4A-- 11 omit. 12 2. Section 266(2)(c)-- 13 omit. 14 UVENILE JUSTICE ACT 1992 15 J 1. Section 55(2)-- 16 omit. 17

 


 

83 Fines SCHEDULE 1 (continued) OCAL GOVERNMENT ACT 1993 1 L 1. Section 4, definitions "infringement notice" and "infringement 2 notice offence"-- 3 omit, insert-- 4 ` "infringement notice", for an infringement notice offence, means an 5 infringement notice under the Fines Act 1998, section 6. 6 "infringement notice offence" means an offence prescribed under the 7 Fines Act 1998 to be an infringement notice offence.'. 8 PENALTIES AND SENTENCES ACT 1992 9 1. Section 5(1)(a)-- 10 omit, insert-- 11 `(a) for the Fines Act 1998 or an infringement notice under that 12 Act--$60; or'. 13 2. After section 39-- 14 insert-- 15 `Other orders available on failure to comply 16 `39A. On an appearance by an offender under section 39, if the court 17 considers the order of imprisonment should not be enforced against the 18 offender, the court may-- 19 (a) accept payment of the amount ordered in full; or 20 (b) if the offender has not been paying the amount by 21 instalments--order that the unpaid amount be paid by 22 instalments; or 23 (c) cause the proper officer to register the prescribed particulars of the 24 unpaid amount under the Fines Act 1998.'. 25

 


 

84 Fines SCHEDULE 1 (continued) 3. Section 41, `compensation'-- 1 omit, insert-- 2 `an amount'. 3 4. Section 56-- 4 omit. 5 5. Section 56A(3) and (4)-- 6 omit, insert-- 7 `(3) The application can not be made after a warrant of commitment has 8 been issued or executed on the original order. 9 `(4) The offender can not make an application under this section if the 10 offender has made an application under section 53 or 55. 11 `(4A) The application under this section lapses if the offender makes an 12 application to the court under section 53 or 55.'. 13 6. Section 58(1)(c) and (2)(c), `worse'-- 14 omit, insert-- 15 `significantly worse'. 16 7. After section 58(2)(b)-- 17 insert-- 18 `(ba)be accompanied by a statutory declaration to the effect that the 19 offender was given a written notice of the consequences of not 20 complying with the fine option order and agrees to comply with 21 the fine option order; and'. 22

 


 

85 Fines SCHEDULE 1 (continued) 8. Section 58(3)-- 1 omit, insert-- 2 `(3) The application can not be made after a warrant of commitment has 3 been issued or executed on the original order.'. 4 9. Section 59(1), 60(3) and 85(1), `56 or'-- 5 omit. 6 10. Section 62(4)-- 7 omit. 8 11. Section 63-- 9 omit. 10 12. Section 70-- 11 omit. 12 13. Section 74-- 13 omit, insert-- 14 `Failing to comply with a requirement of an order 15 `74.(1) If, while a fine option order is in force for an offender, an 16 authorised commission officer ("QCSC supervisor"), or a person 17 authorised for the purpose of this section by the commission (also a 18 "QCSC supervisor"), reasonably believes the offender has contravened a 19 requirement of the order, the QCSC supervisor may give the offender a 20 notice under this section requiring the offender-- 21 (a) to stop contravening the order; or 22 (b) to give to the QCSC supervisor a reasonable explanation for the 23 contravention within a stated time, of at least 5 days but not more 24

 


 

86 Fines SCHEDULE 1 (continued) than 14 days. 1 `(2) The notice must-- 2 (a) be in the approved form; and 3 (b) set out particulars of the contravention. 4 `(3) A notice under subsection (1) may relate to 2 or more fine option 5 orders, whether or not the community service that is required to be 6 performed by an offender under any of the orders is to be performed-- 7 (a) at the same time as community service is to be performed by the 8 offender under another of the orders; or 9 (b) after community service required to be performed under any of 10 the orders has been performed by the offender. 11 `(4) If the QCSC supervisor is not satisfied with the explanation or no 12 explanation is given within the stated time, the QCSC supervisor may apply 13 to the proper officer for an order under subsection (6). 14 `(5) The proper officer may decide the application in the absence of the 15 offender. 16 `(6) If the proper officer decides that the offender failed to comply with a 17 requirement of the fine option order, the proper officer may, by order-- 18 (a) extend or further extend the 1 year or other time mentioned in 19 section 66(2); or 20 (b) revoke all fine option orders made for the offender and issue an a 21 warrant for the arrest and imprisonment of the offender for the 22 term ordered by the court; or 23 (c) give to the registrar under the Fines Act 1988, for registration, the 24 prescribed particulars under that Act of the unpaid amount of the 25 penalty.'. 26 14. Section 75-- 27 omit. 28

 


 

87 Fines SCHEDULE 1 (continued) 15. Section 76, heading, `Court'-- 1 omit, insert-- 2 `Proper officer'. 3 16. Section 76, `court'-- 4 omit, insert-- 5 `proper officer'. 6 17. Section 76, `it'-- 7 omit, insert-- 8 `the proper officer'. 9 18. Section 77-- 10 omit. 11 19. Section 78(2)-- 12 omit. 13 20. Section 85(2)(a), `25 business days'-- 14 omit, insert-- 15 `1 calendar month'. 16 21. Section 88(1)(e), `74(4)(b)'-- 17 omit, insert-- 18 `74'. 19

 


 

88 Fines SCHEDULE 1 (continued) 22. Section 88(2), definition "fine"-- 1 omit. 2 23. Part 4-- 3 insert-- 4 `Division 3--Bonded fines 5 `Court may act under this division whether or not it records 6 conviction 7 `89A. A court may act under this division whether or not it records a 8 conviction. 9 `Court may make bonded fine order 10 `89B.(1) If a court decides imposing a fine of at least 2 penalty units is 11 the only appropriate penalty for an offence, the court may make an order 12 under this division (a "bonded fine order") for the offence imposing 1 or 13 more fines subject to the conditions mentioned in section 89D and any other 14 conditions the court considers appropriate. 15 `(2) However, the court may make a bonded fine order only if it is 16 satisfied that the offender-- 17 (a) has a history of non-payment of fines on at least 3 occasions over 18 a period of 3 years; and 19 (b) consents to the making of the order; and 20 (c) no bonded fine order has been made at any time for the offender 21 for any offence. 22 `(3) This section does not prevent the court from making any other order 23 the court may make for the offence under this Act. 24

 


 

89 Fines SCHEDULE 1 (continued) `Court must explain effect of bonded fine order 1 `89C.(1) Before making the bonded fine order, the court must explain, or 2 cause to be explained, to the offender-- 3 (a) the purpose and effect of the order; and 4 (b) what may follow if the offender contravenes the requirements of 5 the order. 6 `(2) The explanation must be made in language or in a way likely to be 7 readily understood by the offender. 8 `Conditions of bonded fine order 9 `89D. A bonded fine order must contain conditions that-- 10 (a) the offender pay a stated fine within 28 days or the further time, 11 of not longer than the period, of not more than 3 years, stated in 12 the order ("order period"), allowed by the court; 13 (b) the offender must not commit another offence, including an 14 offence stated in an infringement notice served on the offender 15 under the Fines Act 1998, during the order period; and 16 (c) the offender must notify the proper officer of every change of the 17 offender's place of residence or employment within 2 business 18 days after the change happens; and 19 (d) if the offender commits another offence, including an offence 20 stated in an infringement notice served on the offender under the 21 Fines Act 1998, during the order period, the proper officer will 22 require the person to appear before the court for conviction and 23 sentence for the offence to which the bonded fine order relates; 24 and 25 (e) the offender may apply for a refund of the fine after complying 26 with the order for the order period. 27 `Refund of fine component of bonded fine 28 `89E.(1) If the offender complies with a bonded fine order for the order 29

 


 

90 Fines SCHEDULE 1 (continued) period, the offender may apply to the proper officer for a refund of the fine. 1 `(2) The application may be made at least 3 months but nor more than 2 6 months after the order period. 3 `(3) If the proper officer is satisfied the offender has complied with the 4 bonded fine order, the proper officer may refund to the offender the amount 5 of the fine after deducting an amount prescribed under a regulation as the 6 administration fee for the order. 7 `Effect of failure to comply with bonded fine order 8 `89F.(1) If the offender fails to comply with the bonded fine order any 9 amount paid for the fine is forfeited to the State. 10 `(2) Also, if the failure was because the offender committed another 11 offence, including an offence stated in an infringement notice served on the 12 offender under the Fines Act 1998, during the order period, the proper 13 officer must require the person to appear before the court for conviction and 14 sentence for the offence for which the bonded fine order was made. 15 `(3) If the failure was because of the non-payment of the fine, the proper 16 officer must give to the registrar under the Fines Act 1998 the particulars 17 under that Act the registrar requires for registration of the fine under that 18 Act. 19 `(4) A certificate of conviction is enough proof that the offender has 20 committed another offence. 21 `(5) Also, a certificate of the registrar under the Fines Act 1998 stating 22 that an enforcement order has been made under that Act and the offender 23 has not taken any action under that order within 28 days after the date of the 24 order is enough proof that the offender has committed an infringement 25 notice offence. 26 `Proper officer may make inquiries 27 `89G.(1) The proper officer may ask the commissioner of police and the 28 registrar under the Fines Act 1998 for information about any offences 29 committed by the offender since the making of the bonded fine order, 30

 


 

91 Fines SCHEDULE 1 (continued) including an offence stated in an infringement notice served on the offender 1 under the Fines Act 1998. 2 `(2) The commissioner and the registrar must give the information to the 3 proper officer.'. 4 24. Section 182B-- 5 omit. 6 25. Sections 184-- 7 insert-- 8 `(2) If a court orders an offender to be imprisoned under subsection (1), 9 the proper officer of the court must issue a warrant for the arrest and 10 imprisonment of the offender for the term ordered by the court.'. 11 26. Section 185A-- 12 omit, insert-- 13 `Arrest and imprisonment of offender or registration under Fines Act 14 1998 for non-payment of penalty under ss 182A and 185 15 `185A.(1) If the offender does not pay the penalty mentioned in 16 section 182A or 185 immediately or within the time allowed by the court, 17 the proper officer of the court must either-- 18 (a) issue a warrant for the arrest and imprisonment of the offender 19 for the term ordered by the court; or 20 (b) give to the registrar under the Fines Act 19988, for registration, 21 the information and particulars the registrar requires under that 22 Act for registration under that Act of the unpaid amount of the 23 penalty. 24 `(2) A warrant under subsection (1)(a) is to be directed to all police 25 officers.'. 26

 


 

92 Fines SCHEDULE 1 (continued) 27. Section 186(1), from `the imprisonment for which'-- 1 omit, insert-- 2 `the term for which the offender may be imprisoned is the number of 3 whole days worked out by dividing the balance of the penalty, after taking 4 the reduction into account, by the original amount of the penalty and 5 multiplying the result by the number of original days ordered to be served 6 in default of payment of the penalty.'. 7 28. Section 186(2), from `the term of'-- 8 omit, insert-- 9 `the term of imprisonment the offender is serving is reduced to the 10 number of whole days worked out by dividing the balance of the penalty 11 after taking the payment into account by the original amount of the penalty 12 and multiplying the result by the number of original days ordered to be 13 served in default of payment of the penalty.'. 14 EFERENDUMS ACT 1997 15 R 1. Section 45(2), definition "proceeding", `Justices Act 1886, 16 part 4A'-- 17 omit, insert-- 18 `Fines Act 1998'. 19 TRAFFIC ACT 1949 20 1. Section 15-- 21 insert-- 22 `(1A) A person who commits an offence against subsection (1) while the 23 person's drivers licence is suspended under the Fines Act 1998 is liable to a 24 penalty of not more than 40 penalty units or 1 year imprisonment, unless 25

 


 

93 Fines SCHEDULE 1 (continued) the person proves the person did not receive-- 1 (a) the infringement notice; or 2 (b) the enforcement order; or 3 (c) the notice of intention to suspend a drivers licence; or 4 (d) any reminder notice the relevant administering authority sent to 5 the person about the infringement notice; 6 under that Act for the offence for which the person's licence was 7 suspended. 8 `(1B) In addition, the person is disqualified from holding or obtaining a 9 drivers licence for 6 months whether or not a conviction is recorded for the 10 offence.'. 11 2. Section 44P, definition "camera-detected offence", paragraph (a)-- 12 omit, insert-- 13 `(a) the infringement notice under the Fines Act 1998; or'. 14 3. Section 44Q(5)(b)-- 15 omit, insert-- 16 `(b) an infringement notice under the Fines Act 1998.'. 17 4. Section 44X-- 18 omit, insert-- 19 `Application of the Fines Act 1998 20 `44X.(1) The Fines Act 1998 applies to camera-detected offences subject 21 to this division. 22 (2) If there is any inconsistency between the Fines Act 1998 and this 23 division, the provisions of this division prevail. 24 (3) Without limiting subsection (1) or (2), for the Fines Act 1998-- 25

 


 

94 Fines SCHEDULE 1 (continued) (a) "owner" means the owner as defined in this division; and 1 (b) a reference to "person in charge" or "user" is, if the context 2 permits, taken to be a reference to the driver of the vehicle; and 3 (c) a reference to "illegal user declaration", "known user 4 declaration", "sold vehicle declaration" or "unknown user 5 declaration" or `declaration' generally is taken to be a reference 6 to the appropriate approved form for section 44Q; and 7 (d) the Fines Act 1998 sections 10(2), 11(5), 12(5) and 13(2) are 8 subject to section 44Q and in particular section 44Q(6) applies 9 instead of the Fines Act 1886, section 13(2)(b).'. 10 5. After section 55B-- 11 insert-- 12 `Effect of suspension of licence under Fines Act 1998 13 `55C.(1) This section applies if a person's drivers licence is suspended 14 under the Fines Act 1998. 15 `(2) Suspension of the drivers licence under the Fines Act 1998-- 16 (a) has, while the licence is suspended, the same effect as if the 17 licence is cancelled under this Act; and 18 (b) if the period of the suspension ends before the licence would 19 ordinarily expire--does not extend the period during which the 20 licence would, but for the suspension, have remained in force. 21 `(3) If under this Act, a person must hold a drivers licence for a stated 22 period-- 23 (a) the stated period is extended by the length of the period for which 24 the licence is suspended under the Fines Act 1998; and 25 (b) the period of the suspension does not break the continuous period 26 for which the person must hold the licence. 27 `(4) If the period of the licence expires before the period of the 28 suspension ends, the person must not apply for or obtain a drivers licence 29 until the person pays the amount stated in the enforcement order under the 30

 


 

95 Fines SCHEDULE 1 (continued) Fines Act 1998 as the amount owing for the offence for which the licence 1 was suspended or the amount is otherwise discharged under that Act. 2 Maximum penalty--20 penalty units or 18 months imprisonment. 3 `(5) A suspension of a drivers licence under the Fines Act 1998 also 4 suspends any other driver's licence authorising the person in question to 5 drive a vehicle. 6 `(6) A person must not apply for or obtain a driver's licence while the 7 person's licence is suspended under the Fines Act 1998 or a corresponding 8 law of another State. 9 Maximum penalty for subsection (6)--20 penalty units or 18 months 10 imprisonment.'. 11 6. Section 57, `57.(1) Any person'-- 12 omit, insert-- 13 `57.(1) This section does not apply to a licence that is suspended under 14 the Fines Act 1998. 15 `(1AA) A person'. 16 7. Section 64(1), (3) and (4), after `commissioner'-- 17 insert-- 18 `or the chief executive'. 19 TRANSPORT LEGISLATION AMENDMENT ACT 20 1997 21 1. Section 27, from `(b)'-- 22 omit, insert-- 23 `(b) an infringement notice, under the Fines Act 1998, for the offence 24 is attached to the vehicle; and'. 25

 


 

96 Fines SCHEDULE 1 (continued) TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1 1994 2 1. Section 61-- 3 insert-- 4 `(4) A person who commits an offence against subsection (1) or (3) 5 while the person's drivers licence50 is suspended under the Fines Act 1998 6 is liable to a penalty of not more than 40 penalty units or 1 year's 7 imprisonment, unless the person proves the person did not receive-- 8 (a) the infringement notice; or 9 (b) the enforcement order; or 10 (c) the notice of intention to suspend a drivers licence; or 11 (d) any reminder notice the relevant administering authority sent to 12 the person about the infringement notice; 13 under that Act for the offence for which the person's licence was 14 suspended. 15 `(5) In addition, the person is disqualified from holding or obtaining a 16 licence to operate a ship as its master or to have the conduct of a ship as its 17 pilot for 6 months whether or not a conviction is recorded for the offence.'. 18 2. After section 63-- 19 insert-- 20 `Effect of suspension of licence under Fines Act 1998 21 `63A.(1) This section applies if a person's licence to operate a ship as its 22 master or to have the conduct of a ship as its pilot is suspended under the 23 50 Fines Act 1998, definition "drivers licence" means a licence under-- (a) the Traffic Act 1949 to drive a motor vehicle; or (b) the Transport Operations (Marine Safety) Act 1994 to drive a ship.

 


 

97 Fines SCHEDULE 1 (continued) Fines Act 1998. 1 `(2) Suspension of the licence under the Fines Act 1998-- 2 (a) has, while the licence is suspended, the same effect as if the 3 licence is cancelled under this Act; and 4 (b) if the period of the suspension ends before the licence would 5 ordinarily expire--does not extend the period during which the 6 licence would, but for the suspension, have remained in force. 7 `(3) If under this Act, a person must hold a licence for a stated period-- 8 (a) the stated period is extended by the length of the period for which 9 the licence is suspended under the Fines Act 1998; and 10 (b) the period of the suspension does not break the continuous period 11 for which the person must hold the licence. 12 `(4) If the period of the licence expires before the period of the 13 suspension ends, the person must not apply for or obtain a licence to 14 operate a ship as its master or to have the conduct of a ship as its pilot 15 until-- 16 (a) the person pays the amount stated in the enforcement order under 17 the Fines Act 1998 as the amount owing for the offence for which 18 the licence was suspended; or 19 (b) the amount is otherwise discharged under that Act. 20 Maximum penalty--20 penalty units or 18 months imprisonment. 21 `(5) A person must not apply for or obtain a licence to operate a ship as 22 its master or to have the conduct of a ship as its pilot while the person's 23 licence is suspended under the Fines Act 1998 or a corresponding law of 24 another State. 25 Maximum penalty for subsection (5)--20 penalty units or 18 months 26 imprisonment.'. 27

 


 

98 Fines CHEDULE 2 1 S EGULATIONS AMENDED 2 R section 115 3 MENDMENT OF NATURE CONSERVATION 4 A REGULATION 1994 5 1. Section 257(1), `Justices Act 1886'-- 6 omit, insert-- 7 `Fines Act 1998'. 8 MENDMENT OF TRAFFIC REGULATION 1962 9 A 1. Section 68(8), `Justices Act 1886, part 4A for'-- 10 omit, insert-- 11 `Fines Act 1998 for'. 12 2. Section 108B(2)(b)(i)-- 13 omit, insert-- 14 `(i) the Fines Act 1998, section 3951 for an offence mentioned in 15 schedule 2; or'. 16 3. Section 108B-- 17 insert-- 18 51 Section 39 (Issue of enforcement order)

 


 

99 Fines SCHEDULE 2 (continued) `(8) Subsection (7) does not apply to the suspension of a drivers licence 1 under the Fines Act 1998.'. 2 4. Section 134B-- 3 insert-- 4 `(5) This section applies to a licence suspended under the Fines Act 1998 5 as if a superintendent had suspended the licence.'. 6

 


 

100 Fines CHEDULE 3 1 S ICTIONARY 2 D section 3 3 "account", for a financial institution, includes a withdrawable share 4 account. 5 "address", for an application made under this Act, means the full address 6 of the place where the person lives or works. 7 "administering authority", for an infringement notice or infringement 8 notice offence, means the entity prescribed under a regulation as the 9 administering authority for the notice or offence. 10 "alleged offender", for an infringement notice, means the person on whom 11 the notice is served. 12 "appropriately qualified", for a person to whom a power under this Act 13 may be delegated, includes having the qualifications, experience or 14 standing appropriate to exercise the power. 15 "authorised commission officer" see the Penalties and Sentences Act 16 1992, section 4A. 17 "authorised person" means-- 18 (a) for an infringement notice--a person who, under a regulation, 19 may serve the infringement notice; or 20 (b) for a withdrawal from acting under this Act--a person who, 21 under a regulation, may effect the withdrawal. 22 "commercial agent" see the Auctioneers and Agents Act 1971, section 2, 23 definition "commercial agent". 24 "community service" see the Corrective Services Act 1988, section 10, 25 definition "community service". 26 "community service order" see the Penalties and Sentences Act 1992, 27 section 4, definition "community service order". 28

 


 

101 Fines SCHEDULE 3 (continued) "conviction" see section 93. 1 "cut-out rate", for a fine or unpaid amount, means-- 2 (a) for a court order under which an offender is required to serve a 3 term of imprisonment for failing to pay a penalty under the 4 Penalties and Sentences Act 1992--the rate worked out by 5 dividing the penalty by the number of days of imprisonment 6 ordered, expressed in dollars for each day; or 7 (b) for a fine option order-- 8 (i) if the fine option order relates to a penalty imposed by a 9 court--10 hours for each penalty unit, or part of a penalty 10 unit, that was imposed as a fine under the original order;52 or 11 (ii) otherwise--the amount prescribed under a regulation; or 12 (c) for an infringement notice offence--the amount prescribed under 13 a regulation. 14 "drivers licence" means a licence under-- 15 (a) the Traffic Act 1949 to drive a motor vehicle; or 16 (b) the Transport Operations (Marine Safety) Act 1994 to drive a 17 ship. 18 "earnings", of an enforcement debtor, means wages, salary, fees, bonuses, 19 commission, overtime pay or other compensation for services or profit 20 arising from office or employment, a pension, benefit or similar 21 payment, an annuity or an amount payable instead of leave or 22 retirement benefit owing or accruing to the enforcement debtor. 23 "employer", of an enforcement debtor, means a person (including the 24 State) who, as principal, rather than as a servant or agent, pays, or is 25 likely to pay, earnings to the enforcement debtor. 26 "enforcement certificate" see sections 77 and 78. 27 "enforcement debtor" see section 39. 28 52 This is the maximum rate for court ordered fines under the Penalties and Sentences Act 1992.

 


 

102 Fines SCHEDULE 3 (continued) "enforcement officer" means sheriff, deputy sheriff or bailiff of a court, 1 and includes-- 2 (a) a police officer; and 3 (b) a person, engaged by the registrar, who holds a commercial 4 agents licence. 5 "enforcement order" see section 39. 6 "enforcement warrant" see section 48. 7 "executive officer", of a corporation, means a person, by whatever name 8 called and whether or not the person is a director of the corporation, 9 who is concerned with, or takes part in, the management of the 10 corporation. 11 "FINDER" means-- 12 (a) the Fines, Infringement Notices and other Debts Enforcement 13 Registration system; or 14 (b) if the context permits, means the office established under part 7. 15 "FINDER charter" see section 99. 16 "fine" includes-- 17 (a) an amount stated in an infringement notice as the fine for a stated 18 infringement notice offence and, in relation to a particular 19 infringement notice, the fine stated in the infringement notice; and 20 (b) any amount payable under an ancillary order of a court in relation 21 to an offence for which a fine is imposed; and 22 (c) for part 6--see section 93. 23 24 Examples of ancillary orders-- 25 1. Professional fees, witnesses expenses and interpreters' allowances. 26 2. Royalties or another similar amount, including conservation value payable 27 under the Nature Conservation Act 1992. "fine option order" means an order converting the unpaid amount of a fine 28 under an infringement notice to hours of unpaid community service. 29 "illegal user declaration", for an offence involving a vehicle, means a 30

 


 

103 Fines SCHEDULE 3 (continued) statutory declaration stating facts establishing the vehicle was stolen or 1 illegally taken at the relevant time. 2 "infringement notice" means a notice under section 6. 3 "infringement notice fine", for an infringement notice offence, means the 4 amount prescribed under a regulation to be the fine payable for the 5 offence under an infringement notice. 6 "infringement notice offence" means an offence (other than an indictable 7 offence or offence against the person) prescribed under a regulation to 8 be an offence to which this Act applies. 9 "instalment", of a fine under an infringement notice, means the amount 10 prescribed under a regulation as the minimum amount payable as an 11 instalment of the fine. 12 "instalment payment notice" see section 76. 13 "known user declaration", for an offence involving a vehicle, means a 14 statutory declaration stating-- 15 (a) if-- 16 (i) the owner is an individual--the owner was not in charge of 17 the vehicle at the relevant time; or 18 (ii) the owner is a corporation--the vehicle was not being used 19 for the corporation at the relevant time; and 20 (b) the name and address of the person who was in charge of the 21 vehicle at the relevant time. 22 "money value", of hours of unpaid community service, means the value 23 worked out by multiplying the number of hours by the cut-out rate 24 prescribed under a regulation. 25 "offence", in relation to a particular infringement notice, means the offence 26 stated in the notice. 27 "offence involving a vehicle" is an offence in which an offender and a 28 vehicle are involved, regardless of the extent to which the vehicle is 29 actually involved in the offence. 30 "offender", other than for part 2, includes alleged offender. 31

 


 

104 Fines SCHEDULE 3 (continued) "officer", of a corporation, includes a former officer of the corporation. 1 "owner", of a vehicle, includes the person registered as the owner of the 2 vehicle under the relevant registration Act. 3 "partner" includes a former partner. 4 "premises" includes any structure, building, aircraft, vehicle, vessel or 5 place, whether built on or not. 6 "prescribed particulars", for part 3, means particulars prescribed under a 7 regulation. 8 "QCSC" means the Queensland Corrective Services Commission. 9 "Queensland fine" see section 93. 10 "reasonably believe" means believe on grounds that are reasonable in the 11 circumstances. 12 "reciprocating court" see section 93. 13 "registrar" means-- 14 (a) for FINDER--the person for the time being performing 15 FINDER registration and enforcement duties under this Act; or 16 (b) for a Magistrates Court--the clerk of the court. 17 "registration Act" means-- 18 (a) the Transport Infrastructure (Roads) Act 1991 or another Act 19 prescribed under a regulation; or 20 (b) a law of another State that deals generally with the same subject 21 matter as an Act mentioned in paragraph (a). 22 "registration fee" means the fee prescribed under a regulation for 23 registering an unpaid amount under this Act. 24 "relevant person", for part 4, see section 30. 25 "relevant time" for an offence involving a vehicle means the time and date 26 specified in the infringement notice as the time and date of the offence. 27 "relevant officer" see section 93. 28 "responsible operator", of a vehicle, means a person nominated as a 29

 


 

105 Fines SCHEDULE 3 (continued) responsible operator for the vehicle under the Transport Infrastructure 1 (Roads) Act 1991, section 9.17A. 2 "search warrant" see section 61. 3 "sold vehicle declaration", for an offence involving a vehicle, means a 4 statutory declaration stating facts establishing the owner had sold or 5 otherwise disposed of the vehicle before the relevant time, including-- 6 (a) the name and address of the person to whom the vehicle was sold 7 or disposed of; and 8 (b) the date and, if relevant, time of the sale or disposal; and 9 (c) if an agent made the sale or disposal for the owner--the name 10 and address of the agent. 11 "third person" means a person (including the State) from whom a debt-- 12 (a) is payable to the enforcement debtor; or 13 (b) is likely to become payable to the enforcement debtor. 14 "unknown user declaration", for an offence involving a vehicle, means a 15 statutory declaration stating-- 16 (a) if-- 17 (i) the owner is an individual--the owner was not in charge of 18 the vehicle at the relevant time; or 19 (ii) the owner is a corporation--the vehicle was not being used 20 for the corporation at the relevant time; and 21 (b) the declarant has not been able to find out who was in charge of 22 the vehicle at the relevant time; and 23 (c) the nature of the inquiries made to find out the name and address 24 of the person in charge of the vehicle at the relevant time. 25

 


 

106 Fines SCHEDULE 3 (continued) "vehicle" includes a boat and anything declared under a regulation to be a 1 vehicle. 2 State of Queensland 1998

 


[Index] [Search] [Download] [Related Items] [Help]