Queensland: State Penalties Enforcement Act 1999 (Qld)

State Penalties Enforcement Act 1999 An Act about the issue and enforcement of infringement notices, the enforcement of court ordered fines and certain court ordered debts, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the State Penalties Enforcement Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Objects The objects of this Act include— (a) maintaining the integrity of fines as a viable sentencing or punitive option for offenders; and (b) maintaining confidence in the justice system by enhancing the way fines and other money penalties may be enforced; and (c) reducing the cost to the State of enforcing fines and other money penalties. 5 Act has limited application to children (1) Subject to subsections (2) and (3), this Act does not apply to a child other than to the extent it allows a child to pay a fine stated in an infringement notice for an offence in full or by instalments to an administering authority instead of being prosecuted for the offence. (2) If a child aged at least 17 years is served with an infringement notice for a transport demerit points offence, this Act applies to the child in relation to the offence in the same way it applies to an adult. (3) An enforcement order, fine collection notice or warrant may not be issued under this Act against a child except as allowed under subsection (2). (4) A reference in this Act to a Magistrates Court includes, in relation to a matter involving a child, a reference to the Childrens Court. (5) In this section— transport demerit points offence means an offence for which a number of demerit points may be allocated against the offender's traffic history under a regulation under the Transport Operations (Road Use Management) Act 1995. 6 Act binds State, Commonwealth and other States (1) This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States. (2) However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act. Part 2 The State Penalties Enforcement Registry 7 The State Penalties Enforcement Registry A State Penalties Enforcement Registry (SPER) is established. 8 Functions of SPER (1) SPER has the functions conferred or imposed on it under this or another Act. (2) In particular, SPER has the following functions— (a) collecting amounts payable to SPER under this or another Act; (b) administering the making of enforcement orders; (c) taking enforcement action under this Act. (3) The functions must be performed in accordance with the SPER charter. 9 The SPER charter The SPER charter includes the following— (a) maximising the collection, for victims of offences, of amounts ordered to be paid under the Penalties and Sentences Act 1992 by way of restitution or compensation; (b) maximising the amount of fines and other money penalties paid before enforcement action is taken; (c) promoting a philosophy that non-monetary satisfaction of SPER debts is for the needy in the community and not an alternative to payment of a fine for those who can afford to pay the fine; (d) reducing the use of imprisonment for fine default by encouraging the use of other enforcement mechanisms; (e) promoting public education about the obligations of offenders and the consequences of not satisfying the obligations. 9A Registrar (1) There is a registrar of SPER. (2) The office of registrar is held by the person holding office as the Commissioner of State Revenue under the Taxation Administration Act 2001. (3) The registrar has the functions and powers given under this or another Act. 10 Staff and contractors (1) The staff of SPER are employed under the Public Sector Act 2022. (2) The registrar may also engage, under contract, debt collectors and other entities to assist the registrar in the administration and enforcement of this Act. (3) Persons engaged under subsection (2) are engaged under this Act and not the Public Sector Act 2022. 10A Service contractors (1) This section applies if, under section 10(2), the registrar engages an entity (the service contractor) under a contract (the service contract) to provide services to assist the registrar in the administration and enforcement of this Act. (2) The service contract may— (a) state the services (each, an authorised service) the service contractor is required to provide; and (b) impose a condition on the provision of an authorised service by the service contractor; and Example for paragraph (b)— a condition requiring the service contractor to obtain the registrar's approval before providing a particular authorised service (c) include a delegation by the registrar under section 10C(1) or (3); and (d) authorise the service contractor to subcontract the provision of an authorised service; and (e) impose a condition on the service contractor's authority to subcontract. Example for paragraph (e)— a condition requiring the service contractor to subcontract only with subcontractors approved by the registrar (3) When providing an authorised service in accordance with the service contract, the service contractor may— (a) use the name of SPER; and (b) do anything necessary for, or incidental to, the provision of the authorised service. (4) In the performance of an authorised service by the service contractor in accordance with the service contract— (a) laws applying to the registrar, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were the registrar; and (b) laws applying to SPER, other than a law prescribed by regulation, apply to the service contractor as if the service contractor were SPER. (5) Anything done— (a) by the service contractor in accordance with the service contract; or (b) in relation to the service contractor in relation to an authorised service; is taken to have been done by or in relation to the registrar or SPER, as the case requires. (6) However, the engagement of the service contractor under the service contract does not relieve the registrar of the registrar's obligations in relation to the proper administration and enforcement of this Act. 10B Service subcontractors (1) This section applies if, in accordance with a service contract, the service contractor subcontracts with another entity (the service subcontractor) for the provision of an authorised service. (2) The contract (the service subcontract) between the service contractor and the service subcontractor must comply with any condition imposed by the service contract in relation to subcontracting an authorised service. (3) The service subcontract— (a) must state the authorised service the service subcontractor is required to provide; and (b) may impose a condition on the service subcontractor's provision of the authorised service. (4) If the service contract includes a delegation under section 10C(1), the service subcontract may include a delegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract. (5) If the service contract includes a delegation under section 10C(3), the service subcontract may include a subdelegation of the prescribed function to the service subcontractor that complies with the delegation in the service contract. (6) When providing an authorised service in accordance with the service subcontract, the service subcontractor may— (a) use the name of SPER; and (b) do anything necessary for, or incidental to, the provision of the authorised service. (7) In the performance of an authorised service by the service subcontractor in accordance with the service subcontract— (a) laws applying to the registrar, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were the registrar; and (b) laws applying to SPER, other than a law prescribed by regulation, apply to the service subcontractor as if the service subcontractor were SPER. (8) Anything done— (a) by the service subcontractor in compliance with the service subcontract; or (b) in relation to the service subcontractor in relation to an authorised service; is taken to have been done by or in relation to the registrar or SPER, as the case requires. (9) However, the engagement of the service subcontractor under the service subcontract does not relieve— (a) the registrar of the registrar's obligations in relation to the proper administration and enforcement of this Act; or (b) the service contractor of the service contractor's obligations under the service contract. (10) In this section— prescribed function see section 10C(6). 10C Delegation of prescribed functions (1) The registrar may delegate the registrar's power to delegate a prescribed function to a service contractor. Note— For the registrar's power to delegate, see section 161. (2) A delegation under subsection (1) can not permit the subdelegation of the delegated power. (3) Also, the registrar may delegate a prescribed function to a service contractor. (4) A delegation under subsection (3) may permit the subdelegation of the prescribed function by the service contractor. (5) However, the service contractor must not delegate or subdelegate a prescribed function to anyone other than— (a) an appropriately qualified agent, employee or executive officer of the service contractor; or (b) an appropriately qualified subcontractor engaged by the service contractor; or (c) an appropriately qualified agent, employee or executive officer of a service subcontractor mentioned in paragraph (b). (6) In this section— prescribed function means a function or power of the registrar, or of SPER, under this Act that is prescribed by regulation for this section. 11 Management of office (1) The registrar may make or issue an enforcement order, fine collection notice or warrant under this Act. (2) The registrar has, for making or issuing an order or warrant under this Act, the same immunities and protection as officers of a court. (3) Anything done by the registrar in the name of or for SPER is taken to have been done by SPER. 12 Protection from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence, when acting as an official. (2) If subsection (1) prevents a civil liability attaching to an official, liability attaches instead to the State. (3) In this section— official means— (a) the registrar; or (b) another member of the staff of SPER; or (c) an enforcement officer. Part 3 Infringement notices Division 1 Service of infringement notices 13 Service of infringement notices—generally (1) If an authorised person reasonably believes a person has committed an infringement notice offence, the authorised person may serve an infringement notice on the person for the offence. (2) If the infringement notice offence involves a vehicle, the infringement notice may be served under section 14. (3) Section 14 does not limit the ways an infringement notice may be served on a person. (4) An infringement notice for an offence must not be served on a person after the end of the period within which a prosecution for the offence may be started and, if served, must be withdrawn. (5) Section 28(2) to (4) applies to the withdrawal of an infringement notice under subsection (4). 14 Service of infringement notices for infringement notice offences involving vehicles (1) An infringement notice for an infringement notice offence involving a vehicle may be served— (a) on the owner of the vehicle; or (b) on the person named in a known user declaration as the person who was in charge of the vehicle at the relevant time; or (c) on the person named in a sold vehicle declaration as the person to whom the vehicle had been sold or otherwise disposed of before the relevant time. (2) If the infringement notice is to be served by post, the notice may be addressed to the person— (a) for the owner of the vehicle—at the address of the owner in the register of vehicles kept under a registration Act; or (b) for the person named in a known user declaration—at the person's address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act; or (c) for the person named in a sold vehicle declaration—at the person's address stated in the declaration or another address for the person in the register of vehicles kept under a registration Act. (3) Also, the infringement notice may be served by securely placing or attaching the notice, addressed to the owner, without further description, on or to the vehicle in a conspicuous position. (4) If the infringement notice is served under subsection (3), it is taken to have been served on the owner on the day it is placed on or attached to the vehicle. (5) A person must not interfere with an infringement notice placed on or attached to a vehicle unless the person is the owner or the person in charge of the vehicle at the relevant time. Maximum penalty for subsection (5)—40 penalty units. 15 Infringement notices (1) An infringement notice must be in the form approved by the administering authority. (2) The notice must state the following— (a) a unique number for the notice; (b) the date of the notice; (c) in relation to the alleged offender, unless the notice is served under section 14(3)— (i) the alleged offender's full name, or surname and any initial, and address; or (ii) the particulars that are, under a regulation, identifying particulars for the alleged offender; (d) in relation to the offence, particulars that are enough to show clearly the nature of the offence, including the following— (i) if the offence is one prescribed under a regulation for this paragraph—the identifying particulars prescribed under the regulation for the offence; (ii) if the offence took place over a period and did not involve a vehicle—the period over which the offence was committed; (iii) the place the offence was committed and, subject to subparagraph (ii), the time and date of the offence; (iv) if the offence involves a vehicle—the identifying particulars prescribed under a regulation for the vehicle; (v) if the offence involves an animal—the identifying particulars prescribed under a regulation for the animal; (e) the fine for the offence and how and where the fine may be paid; (f) that the alleged offender must, within 28 days after the date of the notice— (i) pay the fine in full to the administering authority; or (ii) make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or (iii) if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence; (g) that the notice may be withdrawn before or after the fine is paid; (h) if the offence involves a vehicle, the general effect of section 17. (3) The infringement notice must also state— (a) if the fine is at least the threshold amount— (i) the alleged offender may, within 28 days after the date of the infringement notice, apply to the administering authority to pay the fine by instalments of not less than the minimum instalment; and (ii) if the administering authority approves the application and the alleged offender pays the first instalment, the alleged offender may pay all remaining instalments to SPER in any way acceptable to SPER; and (b) that if the alleged offender defaults, enforcement action may be taken to recover the amount, including by registering it with SPER, and additional fees may be payable. 16 Effect of this part on prosecution (1) The fact that an infringement notice has been, or could be, served on a person for an offence, does not affect the starting or continuation of a proceeding against the person or anyone else in a court for the offence. (2) This part does not— (a) require the serving of an infringement notice on a person for an offence, as opposed to proceeding against the person in another way; or (b) limit or otherwise affect the penalty that may be imposed by a court for an offence. Division 2 Liability for infringement notice offences involving vehicles 17 Liability for infringement notice offences involving vehicles (1) If— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the time of the offence; the owner is taken to have committed the offence even though the actual offender may have been someone else. (2) If the actual offender is someone else, subsection (1) does not affect the liability of the actual offender, but— (a) the owner and the actual offender can not both be punished for the offence; and (b) if a fine is paid or a penalty is imposed on one of them for the offence, a further penalty must not be imposed on or recovered from the other person for the offence. (3) However, the owner must not be taken under subsection (1) to have committed the offence if, within 28 days after the date of an infringement notice or service of a summons for the offence, the owner makes and gives to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence. (4) The declaration must be made by— (a) if the owner is an individual—the owner; or (b) if the owner is a corporation—an executive officer of the corporation or the responsible operator. 18 Effect of illegal user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority an illegal user declaration for the vehicle. (2) In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the vehicle was stolen or illegally taken at the relevant time. 19 Effect of known user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority a known user declaration for the vehicle. (2) This section and section 17 apply as if the person named in the declaration as the person in charge of the vehicle at the relevant time (the user) were the owner of the vehicle at that time. (3) A proceeding for the offence may be started against the user only if a copy of the declaration has been served on the user. (4) In a proceeding for the offence against the user, the declaration is evidence that the user was in charge of the vehicle at the relevant time. (5) In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner was not in charge of the vehicle at the relevant time. 20 Effect of sold vehicle declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the person makes and gives to the administering authority a sold vehicle declaration for the vehicle. (2) This section and section 17 apply as if the person named in the declaration as the person to whom the vehicle was sold or otherwise disposed of (the buyer) were the owner of the vehicle from the time of the sale or disposal. (3) A proceeding for the offence may be started against the buyer only if a copy of the declaration has been served on the buyer. (4) In a proceeding for the offence against the buyer, the declaration is evidence that the buyer was the owner of the vehicle at the relevant time. (5) In a proceeding for the offence against the owner mentioned in subsection (1)(b), a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the owner had sold or disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time. 21 Effect of unknown user declaration (1) This section applies if— (a) an infringement notice offence involving a vehicle happens; and (b) an infringement notice for the offence is served on the person who is the owner of the vehicle at the relevant time; and (c) the owner makes and gives to the administering authority an unknown user declaration for the vehicle. (2) In a proceeding for the offence against the owner, a court must not find the owner guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise— (a) that— (i) if the owner is an individual—the owner was not in charge of the vehicle at the relevant time; or (ii) if the owner is a corporation—the vehicle was not being used for the purposes of the corporation at the relevant time; and (b) that the inquiries made to find out the name and address of the person who was in charge of the vehicle at the relevant time— (i) were reasonable in the circumstances; and (ii) were carried out with appropriate diligence. Division 3 Obligations and options under infringement notices 22 Ways alleged offender may deal with infringement notice (1) If an infringement notice is served on an alleged offender for an offence, the alleged offender must, within 28 days after the date of the infringement notice— (a) pay the fine in full to the administering authority; or (b) make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or (c) if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence. (2) Also, if the fine is at least the threshold amount, the alleged offender may, within 28 days after the date of the infringement notice, apply to the administering authority to pay the fine by instalments. 23 Application to pay fine by instalments (1) This section applies if— (a) an alleged offender is served with an infringement notice for an offence; and (b) the fine for the offence is at least the threshold amount. (2) Within 28 days after the date of the infringement notice, the alleged offender may apply to the administering authority for approval to pay the fine by instalments of not less than the minimum instalment. (3) The application must be made in— (a) the approved form; or (b) another way acceptable to the administering authority. Examples of other ways an application may be made that may be acceptable to the administering authority— • by telephone • by use of the internet (4) The application must be accompanied by the first instalment, unless the application authorises the payment of the instalment by direct debit from an account the person holds with a financial institution. (5) The administering authority must approve the application if— (a) the application complies with this section; and (b) the administering authority is satisfied the application was made by the alleged offender. (6) If the administering authority approves the application, the alleged offender may pay all remaining instalments to SPER in any way acceptable to SPER. (7) The administering authority must, at the time the alleged offender makes the application, inform the alleged offender of the consequences of failing to pay the instalments. (8) Subsection (4) only requires an administering authority to accept payment of an instalment by direct debit if the administering authority is capable of accepting it. 24 Registration of instalment payments for infringement notices (1) If an administering authority approves an application to pay an infringement notice fine by instalments, the administering authority must give to SPER, for registration, the particulars that are prescribed under a regulation of the offence to which the application relates and of the unpaid amount. (2) No registration fee is payable for registering the particulars. (3) The registrar must register the particulars, or the amended particulars given under subsection (6), as soon as practicable after receiving them. (4) On registration— (a) SPER becomes responsible for the collection of, and may collect, the unpaid amount; and (b) the registrar must give to the person an instalment payment notice. (4A) The registrar may, if satisfied that it is appropriate, allow the unpaid amount to be paid by stated instalments of less than the minimum instalment. (5) SPER may retain out of each instalment received a management fee prescribed under a regulation. (6) An administering authority may give to SPER for registration amended particulars mentioned in subsection (1). (7) If amended particulars are given and an instalment payment notice for different particulars has already been given to the person, a fresh instalment payment notice must be given to the person. 25 Alleged offender who pays can not be prosecuted (1) This section applies if— (a) an infringement notice is served on an alleged offender for an offence; and (b) the alleged offender pays the fine for the offence as required by the infringement notice or the alleged offender begins to otherwise discharge the fine. (2) The alleged offender must not be prosecuted in a court for the offence. (3) Subsection (2) applies even though more than 1 infringement notice has been served on the alleged offender for the offence. 26 When alleged offender can not elect to have offence decided by court (1) This section applies if a person served with an infringement notice for an offence— (a) pays the fine for the offence to the administering authority; or (b) applies to the administering authority to pay the fine for the offence by instalments. (2) The person may not elect to have the matter decided by a Magistrates Court. 27 When infringement notice offence is to be decided by court (1) If, within 28 days after the date of an infringement notice, an alleged offender— (a) elects under section 22(1)(b) to have the matter of the offence decided by a Magistrates Court; or (b) takes no action under section 22; a proceeding for the offence may be started under the Justices Act 1886. (2) Subsection (1)(b) does not prevent the administering authority from giving SPER prescribed particulars of the offence for registration under part 4. Division 4 Withdrawal and re-issue of infringement notice 28 Administering authority may withdraw infringement notice (1) An administering authority may withdraw an infringement notice at any time before the fine is satisfied in full. (2) For the withdrawal to be effective, the administering authority must— (a) serve on the alleged offender a withdrawal notice in the approved form; and (b) repay to the alleged offender any amount paid to the administering authority for the offence; and (c) if prescribed particulars of the infringement notice offence are registered under part 4, give to SPER a copy of the withdrawal notice. (3) On complying with subsection (2)— (a) this Act, other than this part, stops applying to the infringement notice offence; and (b) a proceeding for the offence may be taken against any person (including the alleged offender) as if the notice had not been served on the alleged offender. (4) No compensation is payable to a person because of the administering authority's refusal to withdraw an infringement notice. 29 Cancellation of registration on withdrawal of infringement notice (1) If an administering authority gives SPER a copy of a withdrawal notice under section 28(2)(c), the registrar must, as soon as practicable after receiving the notice— (a) cancel the registration of the relevant infringement notice default; and (b) cancel any enforcement order issued because of the registration of the relevant infringement notice default; and (c) refund any amount paid to SPER because of the registration of the infringement notice default. (2) If a person is subject to a work and development order for an enforcement order made because of the relevant infringement notice default— (a) the registrar must revoke the work and development order or, if the work and development order is for more than the amount of the enforcement order, vary the work and development order to the lesser amount; and (b) the person is not entitled to compensation for performing an activity under the work and development order, other than unpaid work; and (c) if the person performed unpaid work under the work and development order, the administering authority must compensate the person for the unpaid work. (3) For subsection (2)(c), the registrar may, having regard to the amounts prescribed for unpaid work under section 165(11)(c), decide the amount of the compensation. (4) If the registrar revokes or varies a work and development order under subsection (2)(a), the registrar must give the person written notice of the revocation or variation. 30 Application to cancel infringement notice for mistake of fact (1) This section applies to an infringement notice for which a default certificate for the relevant infringement notice offence has been given to SPER for registration under section 33(1). (2) If the registrar is satisfied— (a) a person has been incorrectly named in the infringement notice as the alleged offender for the relevant infringement notice offence because of a mistake of fact or the misuse of the name and other particulars of the person named in the infringement notice; and (b) the administering authority has refused to withdraw the relevant infringement notice; the registrar may apply to a Magistrates Court for an order cancelling the infringement notice. (3) The court may cancel or refuse to cancel the infringement notice. (4) The court may decide an application under subsection (2) on written materials in the absence of a party if the court considers it appropriate. 31 Effect of cancellation of infringement notice (1) This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30. (2) If, because of the infringement notice, demerit points have been allocated against the alleged offender for an infringement notice offence under the Nature Conservation Act 1992 or another law, prescribed under a regulation, that provides for the allocation of demerit points— (a) the demerit points for the offence are cancelled; and (b) the relevant administering authority must make a note on any record it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been cancelled. (3) Without limiting subsection (2), if, because of the infringement notice, demerit points have been allocated against the alleged offender's traffic history for an infringement notice offence under the Transport Operations (Road Use Management) Act 1995 or the Heavy Vehicle National Law (Queensland)— (a) the demerit points for the offence are cancelled; and (b) the chief executive of the department within which the Transport Operations (Road Use Management) Act 1995 is administered must remove the record of the allocation of the demerit points from the alleged offender's traffic history. (4) Further, if, because of the infringement notice, a licence, permit or other authority has been suspended or cancelled, the suspension or cancellation stops having effect, unless the person's licence, permit or authority would still be suspended, cancelled or no longer in force for another reason. 32 Proceedings after cancellation of infringement notice (1) This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30. (2) If the infringement notice is withdrawn or cancelled and the name of the actual offender is known, nothing in this or any other Act prevents— (a) the administering authority issuing an infringement notice against the actual offender; or (b) a proceeding being started in a court for the offence against the actual offender. (3) However, the period of limitation within which a proceeding for the offence may be started against the actual offender starts on the day the infringement notice is withdrawn or cancelled. (4) Subsection (3) provides some other time limit for making complaint for the purposes of the Justices Act 1886, section 52. Part 3B Work and development orders 32F Definitions for part In this part— approved sponsor, for a work and development order, means a person or entity approved by the registrar for that type of work and development order. eligibility assessment see section 32K(1). WDO eligible amount, of a person's SPER debt— (a) means any amount that is— (i) if an enforcement order has been served on the person and the person has not taken any action under section 41(1), the amount stated in the order; or (ii) the enforceable amount of the person's SPER debt; but (b) does not include an amount that a court has ordered the person pay to a specified person or entity. work and development order see section 32G(1). 32G Work and development orders (1) A work and development order is an order requiring a person to undertake any of the following to satisfy all or part of the WDO eligible amount of the person's SPER debt— (a) unpaid work for, or on behalf of, an approved sponsor; (b) medical or mental health treatment under an approved sponsor's treatment plan provided by a health practitioner; (c) an educational, vocational or life skills course as decided by an approved sponsor; (d) financial or other counselling as decided by an approved sponsor; (e) drug or alcohol treatment as decided by an approved sponsor; (f) if the person is under 25 years of age—a mentoring program as decided by an approved sponsor; (g) if the person is an Aborigine or a Torres Strait Islander and lives in a remote area—a culturally appropriate program as decided by an approved sponsor. (2) A work and development order must be in the approved form and state— (a) the amount of a person's SPER debt that is to be satisfied by complying with the order; and (b) the activities that must be undertaken to comply with the order. (3) In this section— health practitioner means— (a) a medical practitioner; or (b) a psychologist within the meaning of the Health Practitioner Regulation National Law; or (c) a registered health practitioner endorsed by the Nursing and Midwifery Board of Australia as a nurse practitioner under the Health Practitioner Regulation National Law. registered health practitioner see the Health Practitioner Regulation National Law, section 5. remote area means an area of the State prescribed by regulation. 32H Eligibility for work and development order An individual is eligible for a work and development order if the individual is an enforcement debtor and is unable to pay the WDO eligible amount of the individual's SPER debt because the individual— (a) is experiencing financial hardship; or (b) has a mental illness within the meaning prescribed by regulation; or (c) has a cognitive or intellectual disability; or (d) is homeless; or (e) has a substance use disorder as prescribed by regulation; or (f) is experiencing domestic and family violence. 32I No work and development order for amount payable to specified person or entity A work and development order can not be applied to satisfy that part of a person's SPER debt that a court has ordered the person pay to a specified person or entity. Examples of court orders for the payment of part of a person's SPER debt to a specified person or entity— • an order for restitution or compensation under the Penalties and Sentences Act 1992, section 35(1) • an order for damages under the Penalties and Sentences Act 1992, section 190 • an order to pay costs to a complainant under the Justices Act 1886, section 157 • an order to pay a fixed portion of a penalty to an individual 32J Application for work and development order (1) An approved sponsor may, with the agreement of an individual (the subject applicant), apply on behalf of the individual to the registrar for a work and development order to satisfy all or part of the WDO eligible amount of the individual's SPER debt if the individual is eligible for the order under section 32H. (2) The application must— (a) state the grounds on which the subject applicant is eligible for the order; and (b) state the activities that are proposed to be carried out by the subject applicant under a work and development order and the time by which the activities are proposed to be completed. (3) An application for a work and development order to satisfy an amount mentioned in section 32I is of no effect. 32K Eligibility assessment by approved sponsor (1) Before making an application for a work and development order under section 32J, the approved sponsor must undertake an assessment (an eligibility assessment) of the applicant's eligibility for a work and development order under section 32H. (2) The registrar may require the sponsor to give the registrar evidence to support the eligibility assessment within a stated period of not less than 28 days. (3) If the approved sponsor fails to comply with the requirement within the stated period, the application is taken to have been withdrawn. 32L Decision on application (1) After receiving an application for a work and development order under section 32J, the registrar must— (a) make the order as applied for; or (b) refuse to make the order. (2) The registrar must refuse to make the work and development order if making the order would result in more than the maximum number, as prescribed by regulation, of work and development orders applying to the person proposed to be subject to the order. (3) If the registrar makes the work and development order as applied for— (a) the registrar must give a copy of the order to the person to be subject to the order; and (b) the order takes effect when the order is made or on the later date stated in the order. (4) If the registrar refuses to make the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157. 32M Unpaid work must be performed cumulatively All unpaid work required to be undertaken by a person under a work and development order is to be undertaken cumulatively with any community service the person must perform under another Act. 32N Effect of this part on enforcement action (1) This section applies if a work and development order is made for an individual in relation to an amount. (2) No enforcement action may be taken against the individual in relation to the amount while the individual is complying with the order. (3) To remove any doubt, it is declared that nothing in subsection (2) prevents enforcement action being taken against the individual in relation to an amount that is not subject to the order. 32O Variation of work and development order (1) An approved sponsor for a work and development order may, with the agreement of the individual subject to the order, apply to SPER on behalf of the individual for an increase in the order amount because an additional WDO eligible amount of the individual's SPER debt is proposed to become subject to the order. (2) The individual subject to a work and development order may apply to SPER for a decrease in the order amount because the individual proposes to pay an amount to SPER or enter into a payment plan for an amount. (3) After considering an application made under subsection (1) or (2), the registrar must— (a) vary the work and development order; or (b) refuse to vary the work and development order. (4) If the registrar varies the work and development order, the registrar must— (a) give the individual subject to the order a copy of the varied order in the approved form; and (b) notify the approved sponsor that the order has been varied. (5) If the registrar refuses to vary the work and development order, the registrar must give the applicant a notice of the decision complying with the QCAT Act, section 157. (6) The registrar may, with the agreement of the individual subject to a work and development order, vary the order by giving the individual a copy of the varied order in the approved form. (7) In this section— order amount, in relation to a work and development order, means the amount of an individual's SPER debt that would be satisfied under the order if the order were fully complied with. 32P Withdrawal of work and development order (1) The approved sponsor for a work and development order may apply to the registrar to withdraw the order because the approved sponsor is unable to continue as the approved sponsor. (2) The individual subject to a work and development order may apply to the registrar to withdraw the order because the individual believes the approved sponsor will be unable to continue as the approved sponsor. (3) After considering an application made under subsection (1) or (2), the registrar must— (a) withdraw the work and development order; or (b) refuse to withdraw the work and development order. (4) The registrar must give written notice of the decision to— (a) the applicant; and (b) if the applicant is not the individual subject to the work and development order—the individual. (5) If the registrar refuses to withdraw the work and development order, the notice given to an applicant under subsection (4) must comply with the QCAT Act, section 157. (6) To remove any doubt, it is declared that any amount not taken to be satisfied under the work and development order when it is withdrawn continues to be payable to SPER. (7) Subsection (8) applies if— (a) a person is subject to a work and development order; and (b) before the work and development order is due to end, the registrar becomes aware that the amount remaining to be satisfied under the order is nil. (8) As soon as practicable after becoming aware of the matter, the registrar must withdraw the work and development order and give the person notice of the withdrawal. 32Q Revocation of work and development order (1) The registrar may revoke a work and development order if— (a) the registrar is satisfied that the individual subject to the order has failed, without reasonable excuse, to comply with the order; or (b) the registrar believes that— (i) information provided in, or in connection with, the application for the order is false or misleading in a material particular; or (ii) information provided in, or in connection with, an eligibility assessment provided by an approved sponsor is false or misleading in a material particular; or (iii) the individual subject to the order no longer meets the eligibility criteria stated in the person's application for the order; or (iv) the approved sponsor supervising compliance with the order is unable to satisfactorily continue the supervision or is in breach of any obligation under this part; or (v) the person or entity supervising compliance with the order is no longer an approved sponsor. (2) Before revoking the work and development order the registrar must, by written notice given to the person subject to the order, advise the person that— (a) the registrar proposes to revoke the order and the reason for revoking the order; and (b) the person may object to the registrar revoking the order by giving the registrar, within a stated period of at least 28 days, written reasons as to why the order should not be revoked. (3) After considering all objections, if any, made under subsection (2)(b), the registrar must decide to— (a) take no further action in relation to the order; or (b) vary the order; or (c) revoke the order. (4) After making a decision under subsection (3) the registrar must give the person written notice of the decision. (5) Also, if the decision is to vary or revoke the order, the notice of the decision must comply with the QCAT Act, section 157. 32R Satisfaction of SPER debt (1) This section applies to a person subject to a work and development order. (2) If the person complies with the order, the amount stated in the order is taken to be satisfied. (3) If the person pays the amount stated in the order, the order is taken to have been complied with. (4) If a person complies with some, but not all, of the requirements of the order, the amount stated in the order is only satisfied to the extent of the value of the activities that have been undertaken at the rate or rates set out in the order. 32S External review of decisions under this part (1) This section applies to a person entitled to be given notice of any of the following decisions— (a) a decision to refuse to make a work and development order under section 32L; (b) a decision to refuse to vary a work and development order under section 32O; (ba) a decision to refuse to withdraw a work and development order under section 32P; (c) a decision to vary or revoke a work and development order under section 32Q. (2) The person may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Part 4 Enforcement orders Division 1 Default commences enforcement process 33 Default by person served with infringement notice (1) If a person served with an infringement notice has not, within 28 days after the date of the infringement notice— (a) paid the fine in full to the administering authority; or (b) applied to the administering authority to pay the fine by instalments; or (c) made to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or (d) if relevant, given to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence; the administering authority may give to SPER for registration a certificate (default certificate) for the relevant infringement notice offence. (2) For subsection (1)(c), an election may be made— (a) in the approved form; or (b) in another way acceptable to the administering authority. Examples of other ways an election may be made that may be acceptable to the administering authority— • by telephone • by use of the internet (3) A default certificate given under subsection (1) by an administering authority that is entitled under an Act to retain the amount of any fine paid to it must be accompanied by the registration fee. (4) If a default certificate is given to SPER for registration on or before the final day, the registrar must register the certificate as soon as practicable after it is received. (5) If a default certificate is given to SPER for registration after the final day, the registrar must not register it. (6) A regulation may, for an infringement notice offence, prescribe— (a) a day (the due day), before the final day, by which the administering authority must give a default certificate for the offence to SPER for registration; and (b) a late lodgement fee that is payable by the administering authority for giving a default certificate for the offence to SPER for registration after the due day. (7) An administering authority may give an amended default certificate to SPER for registration if amendment of an earlier certificate is necessary because of error, the dishonour of a cheque, or for another reason. (8) Subsection (5) does not apply to an amended default certificate. (9) No registration fee under subsection (3) or late lodgement fee under subsection (6)(b) is payable for an amended default certificate. (10) In this section— final day, for registration of a default certificate for an infringement notice offence, means— (a) the latest day on which a prosecution for the offence may be started; or (b) if a day, earlier than the day mentioned in paragraph (a) is prescribed by regulation to be the final day for registration of the default certificate—the day prescribed. 34 Default in paying fine, penalty or other amount under court order (1) This section applies to any of the following orders made by a court— (a) an order fining a person for an offence; (b) an order under the Penalties and Sentences Act 1992, section 33B(1) that an amount be paid on the forfeiture of a recognisance; (c) an order that a person pay to someone else an amount by way of restitution or compensation under the Penalties and Sentences Act 1992, section 35(1); (d) an order that a person pay a penalty mentioned in the Penalties and Sentences Act 1992, section 182A or 185; (e) an order under the Bail Act 1980, section 32(1) or 32A(1) that an amount be paid on the forfeiture of an undertaking; (f) an order under the Justices Act 1886, section 161A that an amount be recoverable by execution or that details of the amount be registered under this Act; (g) an order made before 27 November 2000 that a person pay an amount under the Crown Proceedings Act 1980, section 13 or 14; (h) an order mentioned in the Industrial Relations Act 2016, section 380(1) or 406(1). (2) Subsection (1)(a) to (f) or (h) applies to an order whether made before or after the commencement of this section. (2A) At any time after the order is made, if all or part of the fine or other amount is unpaid, the court registrar may give to SPER, for registration, the prescribed particulars of the unpaid amount. Note— See also the Penalties and Sentences Act 1992, section 179F, the Police Powers and Responsibilities Act 2000, sections 115 and 781 and the Victims of Crime Assistance Act 2009, sections 120 and 193. (2B) However, subsection (2A) does not apply to an unpaid amount under an order mentioned in subsection (1)(d) or (f) if, at the time the court makes the order, the court can not order that payment of the unpaid amount can be satisfied by imprisoning the person for a period. (3) The registrar must register the particulars as soon as practicable after receiving them. (4) Also, the registrar may issue an enforcement order, an enforcement warrant or a fine collection notice against the person concerned for the unpaid amount. (5) Subsection (2) applies unless the person is ordered to be imprisoned under the Penalties and Sentences Act 1992, section 39 or 185A. 35 Effect of registration under this division (1) This section applies if the registrar registers a default certificate under section 33 or prescribed particulars under section 34. (2) On registration of the default certificate or particular— (a) if the amount is registered because of a default certificate, the amount unpaid is increased by the amount of the registration fee under section 33(3); and (b) SPER becomes responsible for the collection of, and may collect, the unpaid amount; and (c) if the amount is registered because of a default certificate, a proceeding against the person for the offence may be started in a court only under this part. (3) In this section— amount unpaid, for an infringement notice offence involving a vehicle, includes the cost of establishing ownership of the vehicle. 36 Default in paying instalment If a person served with an instalment payment notice fails to pay an instalment under the notice within the time allowed, the registrar may cancel the instalment payment notice without notice to the person. 37 Effect of cancellation of instalment payment notice On the cancellation of an instalment payment notice under this division, the registrar must— (a) increase the unpaid amount to which the notice relates by the amount of the registration fee; and (b) issue to the person an enforcement order for the total of the unpaid amount. Division 2 Enforcement orders 38 Issue of enforcement order (1) This section applies if— (a) the registrar registers a default certificate for a person; or (b) this Act expressly authorises the registrar to issue an enforcement order against a person. (2) The registrar must, in writing, order the person (enforcement debtor) to pay the amount stated in the order (enforcement order) to SPER within 28 days after the date of the order. (3) The amount stated in an enforcement order must be— (a) the amount that is registered as the unpaid amount for an offence; or (b) the amount for which the registrar is expressly authorised to issue the order. (4) The enforcement order may be made in the absence of, and without notice to, the enforcement debtor. (5) The enforcement order must be made in the approved form. (6) To remove any doubt, it is declared that a single enforcement order may relate to 1 or more infringement notice defaults. 39 [Repealed] 40 Service of enforcement order The registrar may serve an enforcement order on a person by— (a) serving the order on the person personally; or (b) sending the order by ordinary post to the address for the person known to SPER; or (c) sending the order by electronic communication under section 158. Division 3 Obligations and options under enforcement order 41 Ways enforcement debtor may deal with enforcement order (1) If an enforcement order is served on an enforcement debtor for an amount, the enforcement debtor must, within 28 days after the date of the enforcement order— (a) pay the amount stated in the order in full to SPER; or (b) apply to SPER, in the approved form or in another way acceptable to SPER, to pay the amount by instalments of not less than the minimum instalment; or (c) if the order relates to an infringement notice offence—make to SPER an election to have the matter of the offence decided in a Magistrates Court. (2) Also, an approved sponsor may, with the agreement of the debtor, apply on behalf of the debtor under part 3B for— (a) a work and development order to satisfy the amount stated in the order; or (b) if the debtor is subject to a work and development order—a variation of the order. 42 Application to pay by instalments (1) Within 28 days after the date of an enforcement order, the enforcement debtor may apply to SPER for approval to pay the amount stated in the order by instalments. (2) The application must be made— (a) in the approved form; or (b) in another way acceptable to SPER. Examples of other ways an application may be made that may be acceptable to SPER— • by telephone • by use of the internet (3) The enforcement debtor must, at the time of making the application, be informed by SPER of the consequences of failing to pay the account within the time allowed, including by instalments. (4) If the registrar is satisfied the application was made by the enforcement debtor, the registrar may allow the amount to be paid by stated instalments of not less than the minimum instalment. (5) Despite subsection (4), the registrar may, if satisfied exceptional circumstances exist, allow the amount to be paid by stated instalments of less than the minimum instalment. (6) The registrar must give the enforcement debtor notice of the decision. (7) If the registrar decides to allow payment of the amount by instalments, the registrar must also give the enforcement debtor an instalment payment notice for the amount. 43 [Repealed] 44 [Repealed] 45 [Repealed] 46 [Repealed] 47 [Repealed] 48 [Repealed] 49 [Repealed] 50 [Repealed] 51 Election for court hearing (1) If, within 28 days after the date of an enforcement order made against an enforcement debtor for an infringement notice offence for which the fine is unpaid, the enforcement debtor— (a) elects under the order to have the matter of the offence decided in a Magistrates Court; or (b) takes no action under section 42 or 43; a proceeding for the offence may be started under the Justices Act 1886. (2) If either of the following happens, any enforcement order for the offence stops having effect— (a) the enforcement debtor elects under subsection (1)(a) to have the matter of the offence decided in a Magistrates Court; (b) the enforcement debtor is granted a rehearing of the complaint for the offence in a Magistrates Court under the Justices Act 1886, section 142. (3) Also, if a proceeding against the enforcement debtor for the offence is reopened under the Justices Act 1886, section 147A, any enforcement order for the offence stops having effect. (4) The registrar must notify the enforcement debtor and the relevant administering authority of the effect of subsection (2) or (3). (5) The notification under subsection (4) must be given as soon as practicable after the registrar knows that the enforcement order stops having effect because of this section. Division 4 Default after enforcement order 52 Default after time to pay (1) This section applies if an enforcement debtor— (a) fails to pay an amount stated in an enforcement order within 28 days after the date of the order; or (b) fails to pay an amount stated in an instalment payment notice issued under section 42 in accordance with the notice. (2) The registrar may issue an enforcement warrant, a fine collection notice or an arrest and imprisonment warrant for the enforcement debtor for the balance of the unpaid amount stated in the enforcement order or instalment payment notice. (3) Also, if the failure relates to an instalment payment notice, the registrar may cancel the instalment payment notice without notice to the enforcement debtor. (4) If the registrar decides to issue an arrest and imprisonment warrant, the warrant must be for the arrest and imprisonment of the enforcement debtor for the period stated in the warrant worked out for the unpaid amount under section 52A. 52A Working out period of imprisonment for arrest and imprisonment warrant (1) The period of imprisonment that may be stated in an arrest and imprisonment warrant for an amount ordered to be paid by a court must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the relevant cut-out rate for a court order rounded down to the nearest whole number and expressed as a number of days. (2) The period of imprisonment that may be stated in an arrest and imprisonment warrant for an infringement notice offence must be the period worked out by dividing the amount stated in the warrant, less any enforcement or administrative fees added by SPER, by the cut-out rate for an infringement notice offence, rounded down to the nearest whole number and expressed as a number of days. (3) However, the maximum period that may be stated in an arrest and imprisonment warrant for an amount a surety must pay under the Bail Act 1980 or the Penalties and Sentences Act 1992 must not be more than 2 years. 53 [Repealed] Division 5 Effect of appeal on enforcement order 54 Effect of appeal on enforcement order (1) This section applies if, after an enforcement order is made for a penalty imposed by a court for an offence, the enforcement debtor appeals against the conviction or sentence for the offence. (2) The appeal suspends the enforcement order. (3) If the appeal is upheld, the registrar must refund to the enforcement debtor any amount paid to SPER for the offence. (4) If the appeal is dismissed, the suspension of the enforcement order is lifted and the registrar may continue to enforce the order. (5) As soon as the registrar becomes aware of the appeal mentioned in subsection (1), the registrar must ensure that any steps taken under this Act to enforce the enforcement order are discontinued immediately and no further action is taken until the appeal is decided. 54A Effect of appeal on enforcement order for offender levy (1) This section applies if after an enforcement order is made for an offender levy, the enforcement debtor appeals against all of the c