Queensland Numbered Acts

STATE PENALTIES ENFORCEMENT AMENDMENT ACT 2017 - SECT 32

32 Insertion of new s 51A

Part 4, division 3—
insert—

51A Court election or proceeding for offence cancels enforcement order

(1) This section applies to an enforcement order that relates to an infringement notice offence.

(2) The enforcement order is cancelled if—

(a) the enforcement debtor responds to the order by electing (a
"court election" ) under section 41 to have the matter of the infringement notice offence decided in a Magistrates Court; or

(b) a proceeding for the infringement notice offence is started under the Justices Act 1886 .

(3) The registrar must notify the administering authority of the effect of subsection (2) as soon as practicable after the enforcement debtor makes the court election.

(4) The registrar must notify the enforcement debtor of the effect of subsection (2) as soon as practicable after either of the following happens—

(a) the debtor makes the court election;

(b) the registrar becomes aware a proceeding for the infringement notice offence has been started under the Justices Act 1886 , other than because the debtor made the court election.

(5) If an enforcement order is cancelled under subsection (2)—

(a) the order is cancelled on the day the enforcement debtor makes the court election or the proceedings are started; and

(b) any enforcement action already taken in relation to the order must, if practicable, be reversed; and

(c) fees and costs, imposed under this Act, are not payable for the issue of the order or any enforcement action taken in relation to the order; and

(d) any amount that has been paid under the order is repayable to the person by whom it was paid; and

(e) the registrar must record in the State penalties enforcement register that the order is cancelled; and

(f) section 31 applies as if the infringement notice to which the enforcement order relates was cancelled under section 30.