Queensland Numbered Acts

STATE PENALTIES ENFORCEMENT AMENDMENT ACT 2017

- As at 19 May 2017
- Act 13 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF LAND ACT 1994

   3.      Act amended
   4.      Amendment of sch 6 (Dictionary)

   PART 3 - AMENDMENT OF LAND TITLE ACT 1994

   5.      Act amended
   6.      Amendment of sch 2 (Dictionary)

   PART 4 - AMENDMENT OF STATE PENALTIES ENFORCEMENT ACT 1999

   7.      Act amended
   8.      Amendment of s 9 (The SPER charter)
   9.      Amendment of s 13 (Service of infringement notices—generally)
   10.     Amendment of s 14 (Service of infringement notices for infringement notice offences involving vehicles)
   11.     Insertion of new s 14A
   12.     Amendment of s 15 (Infringement notices)
   13.     Amendment of s 17 (Liability for infringement notice offences involving vehicles)
   14.     Amendment of s 22 (Ways alleged offender may deal with infringement notice)
   15.     Replacement of s 23 (Application to pay fine by instalments)
   16.     Omission of s 24 (Registration of instalment payments for infringement notices)
   17.     Replacement of s 25 (Alleged offender who pays can not be prosecuted)
   18.     Replacement of s 26 (When alleged offender can not elect to have offence decided by court)
   19.     Amendment of s 27 (When infringement notice offence is to be decided by court)
   20.     Amendment of s 28 (Administering authority may withdraw infringement notice)
   21.     Replacement of s 29 (Cancellation of registration on withdrawal of infringement notice)
   22.     Amendment of s 30 (Application to cancel infringement notice for mistake of fact)
   23.     Insertion of new pt 3A
   24.     Insertion of new pt 3B
   25.     Replacement of pt 4, div 1 (Default commences enforcement process)
   26.     Amendment of s 38 (Issue of enforcement order)
   27.     Insertion of new s 39
   28.     Replacement of s 40 (Service of enforcement order)
   29.     Amendment of s 41 (Ways enforcement debtor may deal with enforcement order)
   30.     Omission of ss 42–50
   31.     Amendment of s 51 (Election for court hearing)
   32.     Insertion of new s 51A
   33.     Amendment of s 52 (Default after time to pay)
   34.     Omission of s 53 (Breach of fine option order)
   35.     Amendment of pt 4, div 5, hdg (Effect of appeal on enforcement order)
   36.     Insertion of new s 54B
   37.     Replacement of pt 4, div 6
   38.     Replacement of s 61 (Application of pt 5)
   39.     Insertion of new ss 62A–62D
   40.     Amendment of s 63 (Issue of enforcement warrant)
   41.     Amendment of s 63A (Renewal of enforcement warrant)
   42.     Amendment of s 69 (Enforcement of enforcement warrant may be made conditional)
   43.     Amendment of s 73D (Payment by enforcement debtor before sale)
   44.     Amendment of s 75 (Issue of fine collection notice)
   45.     Amendment of s 79 (When registrar may issue fine collection notice for redirection of earnings)
   46.     Replacement of s 102 (Financial institution to make payments)
   47.     Insertion of new pt 5, div 6A
   48.     Amendment of s 104 (Criteria for suspending driver licence)
   49.     Replacement of s 105 (Suspension of driver licence)
   50.     Amendment of s 106 (General effect of suspension of driver licence)
   51.     Amendment of s 107 (Review of suspension of driver licence)
   52.     Amendment of s 108A (Criteria for vehicle immobilisation)
   53.     Amendment of s 108C (Registrar to serve notice of intention to issue immobilisation warrant)
   54.     Amendment of s 108D (Issue and service of immobilisation warrant)
   55.     Amendment of s 108F (Effect of immobilisation warrant)
   56.     Amendment of s 108H (Where and when an immobilisation warrant may or may not be enforced)
   57.     Amendment of s 108L (Immobilisation search warrant)
   58.     Amendment of s 108N (Immobilisation notice)
   59.     Amendment of s 108O (Immobilisation period and access to vehicle)
   60.     Amendment of s 108P (When immobilising device may be removed before end of immobilisation period)
   61.     Amendment of s 108R (Direction by registrar to seize vehicle under enforcement warrant)
   62.     Replacement of s 108S (Direction by registrar to re-enforce current immobilisation warrant)
   63.     Omission of s 109 (Making of fine option order after enforcement warrant)
   64.     Amendment of s 110 (Registration of interests)
   65.     Amendment of s 113 (Order of satisfaction if more than 1 enforcement order)
   66.     Amendment of s 114 (Power of person serving fine collection notice or enforcing warrant to demand name and address etc.)
   67.     Amendment of s 115 (Effect of particular proceedings)
   68.     Omission of s 118 (Good behaviour order when imprisonment not appropriate)
   69.     Amendment of s 119 (Enforcement by imprisonment)
   70.     Insertion of new s 119A
   71.     Omission of pt 7 (General provisions about fine option orders)
   72.     Amendment of s 131 (Definitions for pt 8)
   73.     Insertion of new pt 8A
   74.     Omission of ss 137–146D
   75.     Omission of pt 9, div 1 (Content of particular notices, orders and warrants)
   76.     Insertion of new s 149A
   77.     Insertion of new ss 150AA and 150AB
   78.     Amendment of s 150B (Guidelines)
   79.     Insertion of new s 151
   80.     Omission of ss 151–152I
   81.     Amendment of s 153 (Register)
   82.     Amendment of s 155 (Non-reviewable decision)
   83.     Amendment of s 157 (Evidentiary provisions)
   84.     Amendment of s 158 (Service of document)
   85.     Replacement of s 163 (Approval of other forms)
   86.     Omission of s 164 (Review of Act)
   87.     Amendment of s 165 (Regulation-making power)
   88.     Insertion of new pt 10, div 7
   89.     Amendment of sch 2 (Dictionary)

   PART 5 - CONSEQUENTIAL AMENDMENTS

   90.     Acts amended
           SCHEDULE 1