Western Australian Numbered Acts

FINES, PENALTIES AND INFRINGEMENT NOTICES ENFORCEMENT AMENDMENT ACT 2020 (NO. 25 OF 2020) - SECT 59

59 .         Part 4 Division 3F inserted

                After section 53 insert:

Division 3F — Interaction of enforcement action under this Part

53A.         Effect of enforcement instrument or WDO on other enforcement powers

        (1)         If an enforcement instrument (other than a licence suspension order or enforcement warrant) or a WDO is in force in relation to a fine, the Registrar must not, despite any other provision of this Part —

            (a)         make or issue another enforcement instrument in relation to the fine; or

            (b)         make an application under section 52N in relation to the fine.

        (2)         If a licence suspension order is in force in relation to an offender and a fine —

            (a)         a power of the Registrar under this Part to make or issue another enforcement instrument, or to make an application under section 52N, in relation to the offender and the fine is not affected; but

            (b)         the Registrar must cancel the licence suspension order as soon as practicable if —

                  (i)         the Registrar issues an enforcement instrument (other than an enforcement warrant or an order to attend for work and development) in relation to the offender and the fine; or

                  (ii)         the Registrar serves an order to attend for work and development on the offender in relation to the fine; or

                  (iii)         the Registrar makes an application under section 52N in relation to the offender and the fine.

        (3)         If an enforcement warrant is in force in relation to an offender and a fine —

            (a)         a power of the Registrar under this Part to make or issue another enforcement instrument, or to make an application under section 52N, in relation to the offender and the fine is not affected; but

            (b)         the Registrar must cancel the enforcement warrant as soon as practicable if —

                  (i)         the Registrar issues an enforcement instrument (other than a licence suspension order or an order to attend for work and development) in relation to the offender and the fine; or

                  (ii)         the Registrar serves an order to attend for work and development on the offender in relation to the fine; or

                  (iii)         the Registrar makes an application under section 52N in relation to the offender and the fine.

        (4)         A power under this Part to make or issue an enforcement instrument or WDO in relation to a fine is not affected by a previous enforcement instrument or WDO having been made or issued in relation to the fine and subsequently cancelled.

53B.         Effect of warrant of commitment inquiry process or warrant of commitment on other enforcement powers

        (1)         The Registrar must not make or issue an enforcement instrument (other than a fine expiation order) in relation to a fine if a warrant of commitment inquiry process is occurring in relation to the fine.

        (2)         The Registrar must not make or issue an enforcement instrument in relation to a fine if a warrant of commitment is in force in relation to the fine.

        (3)         A power under this Part to make or issue an enforcement instrument or WDO in relation to an offender and a fine is not affected by a warrant of commitment inquiry process having previously occurred in relation to the offender and the fine.