Tasmania: Monetary Penalties Enforcement Act 2005 (Tas)

Monetary Penalties Enforcement Act 2005 An Act to provide for the appointment of the Director of the Monetary Penalties Enforcement Service and the collection and enforcement of payment of monetary penalties [Royal Assent 9 December 2005] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Monetary Penalties Enforcement Act 2005 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – administrative enforcement means the imposition of an administrative sanction under Part 6 ; approved means approved by the Director; Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ; civil enforcement means the imposition of a civil sanction under Part 7 ; Commissioner means a Commissioner within the meaning of the Victims of Crime Assistance Act 1976 ; compensation order means an order made under Division 2 of Part 9 of the Sentencing Act 1997 ; conveyance includes an aircraft, vehicle or vessel; court means a court as defined in section 6 ; debt means any amount stated in an enforcement order that remains unpaid, including any prescribed amount imposed by or under this Act, and any other costs made recoverable under this Act; Director means the Director, Monetary Penalties Enforcement Service appointed under section 8 ; Director, Community Corrections means the person appointed under the State Service Act 2000 to manage probation officers working on community corrections programs under section 88 of the Corrections Act 1997 ; discharge, in respect of a monetary penalty or a debt, means – (a) to pay in full; or (b) to complete a period of community service in accordance with an MPCSO; or (c) to complete a period of imprisonment imposed in respect of the non-payment of the debt; or (d) to have the Director deem the debt to be uncollectable in accordance with section 109 ; or (e) any combination of paragraphs (a) to (d) which fully satisfies the debt; driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ; earnings, in relation to an enforcement debtor, means any amount payable to the enforcement debtor by way of wages or salary and any other emolument payable in addition to wages or salary; enforcement costs means any costs incurred in enforcing payment of a monetary penalty under this Act; enforcement debtor means a person to whom an enforcement order has been issued under Part 5 ; enforcement officer means a person engaged under section 10(2)(a) or appointed under section 12(3) ; enforcement order means an enforcement order issued under Part 5 ; enforcement warrant means an enforcement warrant issued under Part 7 ; fee-paying public sector body means a public sector body referred to in section 7(1) ; fine means the sum of money payable by an offender under an order – (a) of a court made on the offender being convicted, or found guilty, of an offence and includes – (i) a sum of money payable as costs; and (ii) a sum of money payable under a compensation order; and (iii) a sum of money payable under a compensation levy under the Victims of Crime Compensation Act 1994 ; and (iv) a sum of money payable under a pecuniary penalty order made under the Crime (Confiscation of Profits) Act 1993 – but does not include a restitution order; or (b) made by a Criminal Injuries Compensation Commissioner under section 7A of the Victims of Crime Assistance Act 1976 ; Government Business Enterprise means a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; infringement notice means a notice, including a traffic infringement notice, which – (a) is authorised by an Act; and (b) sets out particulars of an alleged offence; and (c) gives an alleged offender the option of paying the penalty set out in the notice or having the matter dealt with in court; issuing authority means a public sector body which issues an infringement notice; land has the same meaning as in the Land Titles Act 1980 ; licence issuer means a person with the statutory authority to issue a prescribed licence; monetary penalty means a fine or a penalty set out in an infringement notice and any prescribed amount and other costs recoverable under this Act; MPCSO means a Monetary Penalty Community Service Order issued under section 33 ; non-fee-paying public sector body means a public sector body referred to in section 7(3) ; notice of election means a notice of election under section 15(1)(d) or section 17(1)(d) ; notification includes notice given in an electronic form approved by the Director; probation officer means a person appointed as a probation officer or an honorary probation officer under section 5 of the Corrections Act 1997 ; property means personal property comprising goods or chattels; protected earnings amount, for a period for which earnings are paid, means the amount calculated by applying the protected earnings rate to that period; protected earnings rate has the meaning given by section 4 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth; public sector body means any of the following: (a) an Agency as defined in the State Service Act 2000 ; (b) a statutory board; (c) a holder of a statutory office; (ca) any person, or a person of any class of persons, authorised under an Act to issue or serve an infringement notice; (d) a Government Business Enterprise under the Government Business Enterprises Act 1995 ; (e) a council; (f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister; (g) a department, authority or agency of the Commonwealth government; (h) a prescribed body; Recorder means the Recorder of Titles appointed under section 4(1) of the Land Titles Act 1980 ; reciprocating court means a court declared under section 107 to be a reciprocating court for the purposes of this Act; redirection of money owing order means an order issued under section 84(1) ; Register has the same meaning as in the Land Titles Act 1980 ; registered land means land which is subject to the Land Titles Act 1980 ; registered operator has the same meaning as in the Vehicle and Traffic Act 1999 ; registered proprietor means any person appearing by a folio of the Register, or by any registered dealing, to be the proprietor of any estate or interest in registered land; Registrar means the Registrar of Motor Vehicles appointed under section 5 of the Vehicle and Traffic Act 1999 ; restitution order means a restitution order within the meaning of the Sentencing Act 1997 ; search warrant means a search warrant under Part 7 ; specified land means land specified in a notice under section 68(3) ; warrant of commitment means a warrant of commitment under Part 8 ; warrant premises means – (a) premises in relation to which a search warrant or an enforcement warrant is in force; and (b) where a warrant is to be executed against property which is a conveyance, the place at which the conveyance is hangared, parked or moored. 4. Application of Act (1) This Act does not apply to a person sentenced under the Youth Justice Act 1997 other than to the extent that the Director may accept payment of a monetary penalty, or payment in accordance with an undertaking to pay compensation under section 16(1)(b) or (c) of the Youth Justice Act 1997 , in whole or in part, from the person. (2) Notwithstanding subsection (1) of this section and section 103(3) of the Youth Justice Act 1997 , this Act applies to a person sentenced under that Act who upon attaining 18 years of age remains in default of payment of any monetary penalty. (3) Nothing in subsection (1) derogates from the obligations imposed on the Director under section 19 of the Youth Justice Act 1997 in relation to payments of compensation. 5. Act binds Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) The Crown in any of its capacities is not liable to be prosecuted for an offence under this Act. 6. Meaning of court (1) Subject to subsection (2) , "court" means a court of summary jurisdiction within the meaning of the Justices Act 1959 . (2) A court when constituted by one or more justices may only exercise the jurisdiction prescribed by rules of court made under section 144 of the Justices Act 1959 . 7. Fee-paying public sector bodies and non-fee-paying public sector bodies (1) If a public sector body issues an infringement notice that imposes a penalty of which any part is payable otherwise than into the Public Account, the Director may charge the body a fee for the collection of the penalty. (2) A public sector body referred to in subsection (1) is to be known as a fee-paying public sector body. (3) If a public sector body issues an infringement notice that imposes a penalty which is payable wholly into the Public Account, the Director must not charge the body a fee for the collection of the penalty. (4) A public sector body referred to in subsection (3) is to be known as a non-fee-paying public sector body. PART 2 - Monetary Penalties Enforcement Service 8. Appointment of Director, Monetary Penalties Enforcement Service Subject to and in accordance with the State Service Act 2000 , the Premier may appoint a person as Director, Monetary Penalties Enforcement Service. 9. Director to collect and enforce monetary penalties (1) The Director is the sole authority for collection and enforcement of a fine, except where the fine is imposed for an offence against a law of the Commonwealth. (2) The Director is the sole authority for collection and enforcement of any monetary penalty imposed by an infringement notice issued by a non-fee-paying public sector body and referred to the Director. (3) The Director is the sole authority for enforcement of any monetary penalty imposed by an infringement notice issued by a fee-paying public sector body and, if the notice is referred to the Director by that body, the Director also becomes the sole authority for collection of money paid under the notice. (4) Notwithstanding subsection (1) , a fee-paying public sector body may enforce payment of a fine, or part of a fine, through the Civil Division of the Magistrates Court or the Supreme Court, if under section 109 the fine has been deemed by the Director to be uncollectable in full or in part and the uncollectable amount has been removed from any record of monies owing to the Director. 10. Functions and powers of Director (1) The Director – (a) is to perform such functions and may exercise such powers as are imposed or conferred on him or her by or under this or any other Act; and (ab) is to perform such functions and may exercise such powers as are imposed or conferred on him or her as a fine enforcement officer under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth; and (b) is to perform any other functions the Minister directs. (2) Without limiting subsection (1) , the Director has the following powers: (a) to engage under contract as an enforcement officer a person who has been appointed as an assistant bailiff under the Magistrates Court (Civil Division) Act 1992 ; (b) to deem an unpaid monetary penalty to be uncollectable in full or in part in accordance with section 109 ; (c) to waive or reduce a fee or charge payable under this Act. (3) The Director may do anything necessary or convenient to perform any of his or her functions under this Act. (4) The Director has an official seal. (5) The signature and seal of the Director may be in electronic form and may be applied electronically. (6) A court or tribunal acting judicially is to take judicial notice of the Director's signature and seal. 11. Delegation The Director may delegate any of his or her functions or powers under this Act other than this power of delegation. 12. Staff (1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed for the purpose of enabling the Director to perform his or her functions or exercise his or her powers under this or any other Act. (2) The Director may make arrangements with the Secretary of the Department for such State Service officers and State Service employees employed in the Department as may be considered necessary to be made available to enable the Director to perform his or her functions or exercise his or her powers under this or any other Act. (3) The Director may appoint as an enforcement officer a person who is a State Service employee or State Service officer appointed, or made available to the Director, under this section. 13. Protection from liability (1) An officer does not incur any personal liability in respect of an act done, or omitted to be done, by him or her in good faith in the performance or exercise, or purported performance or exercise, of any of his or her functions or powers under this Act. (2) Subsection (1) does not preclude the Crown from incurring liability that an officer would, but for that subsection, incur. (3) In this section, "officer" means – (a) the Director; or (b) any person appointed under section 12 ; or (c) an enforcement officer. PART 3 - Infringement notices Division 1 - Infringement notices generally 14. Form of infringement notices (1) An infringement notice is to – (a) specify the following: (i) the offence or offences in respect of which it is served; (ii) the prescribed penalty or penalties that are applicable; (iii) if the notice relates to more than one offence, the total amount payable; (iv) the payment procedures available; (v) any other details prescribed under this Act or the Act that creates the offence; and (b) inform the person on whom it is served that, if he or she wishes to have any of the offences heard and determined by a court, he or she must lodge a notice of election in accordance with this Act within 28 days of the service of the infringement notice; and (c) inform the person on whom it is served that, if he or she does not lodge a notice of election within 28 days of the service of the infringement notice and the infringement notice is not withdrawn, he or she will be taken to be convicted of the offence or offences set out in the infringement notice and the monetary penalty set out in the infringement notice may be enforced under this Act. (2) In subsection (1)(a)(ii) – prescribed penalty or penalties means the penalty or penalties prescribed under this Act or the Act that creates the offence or offences in respect of which the infringement notice is served. 14A. Authorised person may require name, &c. (1) A person authorised by law to issue an infringement notice (the authorised person) may require a person to give his or her name, address and date of birth if the authorised person reasonably believes that the person has committed an offence for which an infringement notice may be issued. (2) A person must not fail or refuse to comply with a requirement under subsection (1) or, in response to such a requirement, state a name, address or date of birth that is false. Penalty: Fine not exceeding 2 penalty units. 15. Options for dealing with infringement notice issued by non-fee-paying public sector body (1) A person who is served with an infringement notice that was issued by a non-fee-paying public sector body must, within 28 days of the date of service of the notice, do one or more of the following: (a) pay the monetary penalty in full to the Director; (b) apply to the issuing authority for withdrawal of the infringement notice; (c) apply to the Director for a variation of payment conditions; (d) lodge with the Director a notice of election to have the offence or offences set out in the infringement notice heard and determined by a court. (2) An application to the Director is to be – (a) in an approved form; and (b) accompanied by the prescribed amount. (3) The Director may approve or refuse to approve an application under subsection (1)(c) and must notify the alleged offender of that approval or refusal. (4) If the alleged offender makes an election under subsection (1)(d) , he or she must lodge with the Director a notice of election in the approved form. (5) If the alleged offender is notified of the refusal of an application under subsection (1)(b) , he or she may – (a) pay the monetary penalty in full; or (b) apply for variation of payment conditions; or (c) lodge a notice of election. (6) If the alleged offender is notified of the refusal of an application under subsection (1)(c) , he or she must pay the monetary penalty in full. (7) If, when the alleged offender is notified under subsection (5) or (6) , the period referred to in subsection (1) has expired or will expire within 3 days, that period is extended by a further 7 days from the date the alleged offender receives the notification. 16. Referral to Director of infringement notice served by non-fee-paying public sector body (1) A non-fee-paying public sector body that serves an infringement notice must refer the notice to the Director unless exempted by the Director. (2) A non-fee-paying public sector body may apply in writing to the Director for an exemption from subsection (1) in relation to specific offences. (3) The Director may grant or refuse to grant an exemption in respect of a particular offence. 17. Options for dealing with infringement notice issued by fee-paying public sector body (1) A person who is served with an infringement notice that was issued by a fee-paying public sector body must, within the period allowed on the notice and subject to subsection (6) , do one or more of the following: (a) pay the monetary penalty in full to the issuing authority; (b) apply to the issuing authority for withdrawal of the infringement notice; (c) apply to the issuing authority for a variation of payment conditions; (d) lodge with the issuing authority a notice of election to have the offence or offences set out in the infringement notice heard and determined by a court. (2) A fee-paying public sector body may approve or refuse to approve an application under this section and must notify the alleged offender of that approval or refusal. (3) If the alleged offender makes an election under subsection (1)(d) , he or she must lodge with the issuing authority a notice of election in a form specified by the issuing authority. (4) If the alleged offender is notified of the refusal of an application under subsection (1)(b) , he or she may – (a) pay the monetary penalty in full; or (b) apply for variation of payment conditions; or (c) lodge a notice of election. (5) If the alleged offender is notified of the refusal of an application under subsection (1)(c) , he or she must pay the monetary penalty in full. (6) If, when the alleged offender is notified under subsection (4) or (5) , the period referred to in subsection (1) has expired or will expire within 3 days, that period is extended by a further 7 days from the date the alleged offender receives the notification. 18. Referral to Director of infringement notice issued by fee-paying public sector body (1) A fee-paying public sector body may refer an infringement notice served by it to the Director for enforcement. (2) Referral of an infringement notice to the Director – (a) must not be made less than 35 days after the date of issue of the notice; and (b) must not be made more than 6 months after the date of issue of the notice; and (c) must be accompanied by any prescribed amount. (3) A fee-paying public sector body which refers an infringement notice under this section is responsible for the accuracy of the details of the notice at the time of referral. 19. Non-application of certain sections to approved fee-paying public sector bodies (1) A fee-paying public sector body, other than a council, may apply to the Director for an exemption from the application of section 9(3) and sections 17 and 18 . (2) If the Director approves an application, the fee-paying public sector body is taken to be a non-fee-paying public sector body for the purposes of section 9(1) and sections 15 and 16 . 20. Offender taken to have been convicted (1) If an alleged offender – (a) pays a penalty in part or in full; or (b) applies to the Director or to the issuing authority for a variation of payment conditions; or (c) takes no action under section 15(1)(a) , (b) or (c) or section 17(1)(a) , (b) or (c) or is refused an application under section 15(1)(b) or section 17(1)(b) and does not elect to have the infringement notice heard and determined by a court within the time allowed – he or she is taken to have been convicted of the offence. (2) If a person pays a sum of money to the Director in respect of a specific infringement notice, the offender is taken to have been convicted of the offence or offences specified in that infringement notice. (3) A conviction under subsection (1) is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding. 21. Election to have matter heard by court (1) If an alleged offender elects to have matters relating to any offence specified in an infringement notice which has been referred to the Director heard by a court – (a) the Director is to give notice of the election to the issuing authority within 7 days of receiving such notice; and (b) the issuing authority is responsible for prosecuting the offences in the infringement notice; and (c) the Director is not to collect or enforce payment of any monetary penalty imposed by the infringement notice. (2) If the issuing authority decides not to prosecute the offence in the infringement notice, it must notify the alleged offender of that decision. 22. Notification or referral to Director to be electronic Notification or referral to the Director of a matter under this Act is to be by electronic means unless otherwise agreed with the Director. Division 2 - Withdrawal of infringement notice 23. Withdrawal of infringement notice (1) A fee-paying public sector body or a non-fee-paying public sector body may withdraw an infringement notice served by it at any time – (a) on application by the alleged offender; or (b) on its own motion. (2) An infringement notice may be withdrawn whether or not the person on whom it was served is taken, under section 20 , to have been convicted of the offence. (3) If an infringement notice is withdrawn by a fee-paying public sector body or a non-fee-paying public sector body, that body is to – (a) advise the alleged offender, in writing, of the withdrawal; and (b) if the infringement notice has been referred to the Director, immediately notify the Director in the approved manner of the withdrawal of the infringement notice, quoting the infringement notice number; and (c) in the case of the withdrawal of an infringement notice by a non-fee-paying public body, notify any relevant authority to enable the cancellation or revocation of any other penalty imposed as the result of the operation of section 20 in respect of an offence set out in the infringement notice; and (d) initiate the deletion of any conviction imposed as the result of the operation of section 20 from any record held by any public sector body and the body holding the record must make that deletion. (4) Upon being notified of the withdrawal of an infringement notice, the Director – (a) is to refund any penalty amount already paid, unless the alleged offender has been, or could be, issued with an enforcement order in respect of another monetary penalty, in which case the amount already paid may be taken to be in payment or part payment of that other monetary penalty; and (b) is to cancel any relevant enforcement order issued against the alleged offender; and (c) is not to collect or enforce payment of any monetary penalty contained in the infringement notice. 24. . . . . . . . . 25. Effect of withdrawal of infringement notice (1) If an infringement notice is withdrawn – (a) any conviction in respect of that infringement notice by the operation of section 20 of this Act is revoked and is taken not to have occurred; and (b) any payment of all or part of a penalty imposed by the infringement notice is to be repaid in full unless the alleged offender has been, or could be, issued with an enforcement order in respect of another monetary penalty, in which case the amount already paid may be taken to be in payment or part payment of that other monetary penalty; and (c) any sanction imposed under Part 6 or 7 in relation to that infringement notice is revoked unless that sanction has also been imposed in respect of another undischarged monetary penalty payable by that offender for which an enforcement order has been issued; and (d) any demerit points that have been recorded against the alleged offender are deleted and the relevant issuing authority must make a note on any record that it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been deleted. (2) Where an infringement notice served in respect of an offence has been withdrawn, no evidence of the service, acceptance or withdrawal of the notice is admissible in any proceedings for that offence except in a case where proof of service of an infringement notice is required to establish matters relevant to the operation of section 43P of the Traffic Act 1925 . 26. Crown not liable where infringement notice withdrawn or deemed conviction set aside Where an infringement notice is withdrawn by the issuing authority or a conviction under section 20 is set aside by a court, the Crown is not liable for any loss or damage arising from the issue of an enforcement order or sanction under this Act in respect of that notice. Division 3 - Variation of payment conditions 27. Application to Director for variation of payment conditions (1) An offender may apply to the Director for a variation of payment conditions. (2) An application – (a) is to be in a manner approved by the Director; and (b) may include representations from the applicant in respect of his or her ability to pay the monetary penalty; and (c) subject to section 29 , may include an application for an order converting an unpaid monetary penalty to a period of unpaid community service. (3) The Director is to take the applicant's representations into account before determining the period within which the amount is to be paid. (4) If the Director approves an application for a variation of payment conditions, other than an application for an MPCSO, the Director is to give the offender a variation of payment conditions notice. (5) On the issue of a variation of payment conditions notice, the Director is not to take any, or any further, action to enforce payment of any monetary penalty which is the subject of the notice whilst the person to whom the notice has been issued is paying in accordance with that notice. (5A) If, after an administrative sanction under Part 6 has been imposed on a person, a variation of payment conditions notice is issued to that person – (a) that sanction remains in effect after the issue of that notice until the Director determines that he or she is satisfied that the person is, and is likely to continue, complying with that notice; and (b) on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice – (i) the sanction is revoked; and (ii) the Director is to give written notice of the revocation of the sanction to the person and, if appropriate, the Registrar; and (c) if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice – (i) the sanction is revived; and (ii) the Director is to give written notice of the revival of the sanction to the person and, if appropriate, the Registrar. (5B) If, after a civil sanction under Division 2 or 3 of Part 7 has been imposed on a person, a variation of payment conditions notice is issued to that person – (a) that sanction remains in effect after the issue of that notice; but (b) on the determination of the Director that he or she is satisfied that the person is, and is likely to continue, complying with that notice, no action or further action is to be taken to enforce that sanction; but (c) if after making a determination that the person is, and is likely to continue, complying with that notice the Director determines that the person has contravened that notice, action or further action may be taken to enforce that sanction. (5C) If – (a) a redirection of money owing order has been issued in respect of an enforcement debtor; and (b) an application for a variation of payment conditions notice is then made under this section – that application is taken to include an application under section 85 to cancel or vary, as appropriate, the redirection of money owing order. (6) A variation of payment conditions notice may apply to all monetary penalties for which the applicant has applied for a variation of payment conditions under this Act. (7) The Director may vary a variation of payment conditions notice if he or she becomes aware of a material change in the applicant's financial circumstances and must notify the applicant of any change. 28. Application to fee-paying public sector body for variation of payment conditions (1) A person upon whom an infringement notice is served by a fee-paying public sector body may, at any time before the infringement notice is referred to the Director, apply to that fee-paying public sector body for a variation of payment conditions. (2) An application under subsection (1) may include representations from the applicant in respect of his or her ability to pay the monetary penalty imposed by the infringement notice. (3) The fee-paying public sector body to whom an application under subsection (1) is made is to take the applicant's representations into account before determining the period within which the amount is to be paid. (4) If the applicant fails to comply with a determination made under this section, the infringement notice may be referred to the Director for enforcement under this Act. 29. Application for variation of payment conditions not to include MPCSO in certain circumstances An application for a variation of payment conditions is not to include an application for an MPCSO if – (a) the alleged offender has applied for, and been refused, an MPCSO in the past 12 months, unless there has been a material change in his or her circumstances; or (b) a warrant of commitment for the monetary penalty has been issued. 30. Refusal of application for MPCSO If an application for a variation of payment conditions includes an application for an MPCSO and the Director believes that an applicant has the financial means to pay the monetary penalty, by instalments or otherwise, the Director must refuse the application for an MPCSO. 31. Director to refer application If, after considering an application for a variation of payment conditions which includes an application for an MPCSO, the Director believes that an applicant does not have the financial means to pay the monetary penalty, by instalments or otherwise, the Director must, as soon as reasonably practicable, refer the application to the Director, Community Corrections. 32. Assessment of suitability for MPCSO (1) On receiving an application referred to him or her under section 31 , the Director, Community Corrections must decide whether the offender is suitable for performing community service under an MPCSO. (2) Without limiting the matters the Director, Community Corrections may take into account, an offender is taken to be unsuitable for performing community service if the alleged offender has breached, in the previous 12 months, probation, parole or a community service order. (3) If the Director, Community Corrections decides that the offender is unsuitable for performing community service under an MPCSO, the Director, Community Corrections must give written notice of the decision to – (a) the offender; and (b) the Director, Monetary Penalties Enforcement Service. (4) If the Director, Community Corrections decides that the offender is suitable for performing community service under an MPCSO, the Director, Community Corrections must give written notice of the decision to the Director, Monetary Penalties Enforcement Service. 33. Issue of MPCSO (1) On receipt of notice under section 32(4) , the Director is to issue an MPCSO. (2) On the issue of an MPCSO, the Director must give the offender and the Director, Community Corrections notice of – (a) the making of the order; and (b) its terms. (3) An MPCSO takes effect on its issue. (4) On the issue of an MPCSO, the Director is to cease, or not take, action to enforce payment of any monetary penalty to which the order relates while the offender complies with the order. 34. Requirements of MPCSO (1) An MPCSO is to require the offender to – (a) report to an authorised probation officer at the place, and within the time, stated in the order; and (b) perform the community service directed by an authorised probation officer – (i) for the number of hours stated in the order; and (ii) at the times directed by the officer; and (iii) in a way satisfactory to the officer; and (iv) within a year or other time allowed by an authorised probation officer; and (c) comply with each reasonable direction of an authorised probation officer. (2) An MPCSO must include a notice stating that failure to comply with the order may result in the cancellation of the order and the taking of other action to enforce payment of the monetary penalty which may result in the imprisonment of the offender. (3) An MPCSO may apply to all monetary penalties in respect of which the applicant has applied for an MPCSO under this Act. 35. Calculation, &c., of community service for default in payment of fine (1) The period of community service required to be performed under an MPCSO is to be calculated at the rate of 7 hours for each prescribed unit or part of a prescribed unit of the monetary penalty or the balance outstanding, as the case may require. (2) If an MPCSO is made against an offender, the offender must perform community service in accordance with the order. (3) If an offender performs community service under an MPCSO, the unpaid monetary penalty is reduced by one prescribed unit for each 7 hours of community service performed. (4) In this section – prescribed unit means the prescribed unit prescribed by regulations made under the Sentencing Act 1997 for the purposes of section 48(1) of that Act. 36. . . . . . . . . 37. Payments and application of payments (1) Despite the issue of an MPCSO, the offender may pay the monetary penalty in full or in part to an authorised probation officer. (2) If part payment of the monetary penalty is made after an MPCSO is issued, the payment reduces the number of hours of community service remaining to be performed by the relevant person under the order by the proportion that the amount so paid bears to that outstanding sum, ignoring any fraction or part of an hour. 38. Application of section 36A of Sentencing Act 1997 to MPCSO Section 36A of the Sentencing Act 1997 applies to an MPCSO as if it were a community service order imposed by a court. Division 4 - Hearing of offence by court 39. Hearing of offence by court (1) Subject to subsections (2) and (3) , if, within the time allowed by this Act, an alleged offender elects to have any of the offences set out in an infringement notice heard and determined by a court, the issuing authority may commence proceedings for all of the offences in that notice. (2) Court proceedings for the offence or offences set out in an infringement notice may only be brought if – (a) the person on whom the infringement notice is served has lodged a notice of election in accordance with section 15 or 17 ; or (b) the infringement notice is withdrawn by a non-fee-paying public sector body in order to prosecute the offence. (3) An alleged offender who is served with an infringement notice for an offence or offences and who – (a) pays the penalty for any of those offences, in whole or in part; or (b) applies for a variation of payment conditions in respect of any of those offences; or (c) has not, within the period allowed, lodged a notice of election in accordance with section 15 or 17 – is not entitled to elect to have any of the offences that are set out in the infringement notice heard and determined by a court. 40. Application to court (1) A person who is taken to have been convicted by reason of section 20(1)(c) may apply to a court to have the conviction set aside or to have the total penalty varied. (2) Within 5 days of an application under subsection (1) being filed by an enforcement debtor, the court is to notify the Director of the application. (3) The issuing authority may consent to an application under subsection (1) to set aside the conviction. (4) The court may set aside the conviction if satisfied that – (a) the offender has provided valid and relevant reasons why he or she did not elect to have the matter heard by a court within the time allowed by the infringement notice; and (b) the offender has established a prima facie defence to the offences that are the subject of the infringement notice. (5) If the court sets aside a conviction – (a) for the purposes of any time limit imposed by another Act on the taking of action in respect of the offence, the date when any limitation period for taking action commences is taken to be the date when the conviction was set aside; and (b) the infringement notice is taken to have been withdrawn and any enforcement order, administrative sanction or civil sanction relating only to that infringement notice is revoked; and (c) the issuing authority may commence proceedings to have the matter heard by a court; and (d) the court is to notify the Director that the conviction has been set aside. (6) The court may allow an application to vary a penalty if satisfied that the offender has provided valid and relevant reasons why – (a) he or she did not elect to have the matter heard by a court within the time allowed by the infringement notice; and (b) the penalty should be different from the penalty imposed under the infringement notice. (7) If the Court decides to grant an application it must set aside the total original penalty imposed by the infringement notice and substitute a new penalty. (8) A new penalty substituted under subsection (7) is to be in accordance with section 7 of the Sentencing Act 1997 . PART 4 - Notification to Director of issue of fine, payment of fine and related matters 41. Collection of fines The court is to – (a) refer an order imposing a fine to the Director for collection and enforcement; and (b) notify the Director of the date that the order setting out the fine takes effect. 42. Options for person subject to court order imposing fine A person who is subject to a court order imposing a fine must, within the time specified in the order, do one of the following: (a) pay the monetary penalty in full to the Director; (b) apply to the Director for a variation of payment conditions. 43. Director not responsible for civil enforcement (1) The Director is not responsible for enforcement of an order made in, or transferred to, the Civil Division of the Magistrates Court. (2) . . . . . . . . 43A. Payment by Director to person entitled to compensation On receiving an amount of compensation required to be paid under a compensation order, the Director is to pay that amount to the person entitled to the compensation under the order. PART 5 - Enforcement orders Division 1 - Issue and service of enforcement order 44. Default by person served with infringement notice The Director may issue an enforcement order in respect of an infringement notice which has been referred to the Director, if the person upon whom the infringement notice was served has not – (a) paid the monetary penalty in full to the Director or a fee-paying public sector body; or (b) been granted a variation of payment conditions including an MPCSO; or (c) lodged a notice of election under section 15 or 17 to have the offence heard and determined by a court. 45. Default by person subject to order imposing fine (1) The Director may issue an enforcement order if a person who has been ordered to pay a fine has not, within the period allowed – (a) paid the fine in full; or (b) been granted a variation of payment conditions including an MPCSO. (2) Before issuing an enforcement order in respect of a fine payable to a fee-paying public sector body, the Director may require the fee-paying public sector body to agree to pay any prescribed amount in respect of enforcement generally. 46. Default in paying in accordance with variation of payment notice If a person given a variation of payment conditions notice or issued with an MPCSO fails to pay in accordance with the notice or comply with the terms of the MPCSO, the Director may – (a) if an enforcement order has not been issued in respect of any monetary penalty to which the notice or MPCSO applies, cancel the variation of payment conditions or MPCSO without notice to the person and issue an enforcement order; and (b) if an enforcement order has been issued in respect of any monetary penalty to which the notice or MPCSO applies, cancel the variation of payment conditions or MPCSO without notice to the person and enforce the penalty in accordance with Part 6 , 7 or 8 . 46A. Service of enforcement order On the issue of an enforcement order under this Division, the Director is to serve the enforcement order on the person in respect of whom it is issued. Division 2 - Enforcement orders 47. Contents of enforcement order An enforcement order is to state – (a) the offences and monetary penalties to which it applies; and (b) that failure to pay the monetary penalty within the period allowed gives the Director the authority to – (i) direct the suspension of the enforcement debtor's driver licence, vehicle registration or prescribed licence; and (ii) proceed to civil enforcement that may include seizure of assets; and (c) that the enforcement debtor may be imprisoned for failure to pay the monetary penalty; and (d) that the enforcement procedures referred to in paragraphs (b) and (c) may be undertaken without further notice to the enforcement debtor. 48. Obligations on enforcement debtor (1) If an enforcement order is served on an enforcement debtor, the enforcement debtor must, within 14 days after the date of service – (a) pay the monetary penalty in full to the Director; or (b) apply to the Director under section 27 for a variation of payment conditions. (2) An enforcement debtor must not make an application under subsection (1)(b) if an application by the enforcement debtor under section 27 has been rejected by the Director in the previous 12 months, unless there has been a material change in the enforcement debtor's circumstances. 49. Sanction may be imposed in respect of all monetary penalties An administrative sanction under Part 6 or civil sanction under Part 7 may be imposed in respect of the total of all undischarged monetary penalties payable by an enforcement debtor for which an enforcement order has been issued. 50. Effect of appeal on enforcement order (1) A court or the Supreme Court must notify the Director of any appeal against conviction or sentence which may affect a fine and advise the Director of the outcome of that appeal. (2) If the court advises the Director that an appeal has been upheld, the Director must refund to the enforcement debtor any amount paid to the Director in relation to the offence, unless the enforcement debtor has been, or could be, issued with an enforcement order in respect of another monetary penalty, in which case the amount already paid may be taken to be in payment or part payment of that other monetary penalty. Division 3 - Suspension of certain enforcement orders 51. Application for suspension of enforcement order (1) Subject to subsection (2) , an enforcement debtor may apply to the Director for the suspension of an enforcement order. (2) Unless otherwise approved by the Director – (a) an application is to be made within the earlier of the following: (i) 14 days after the debtor becomes aware of the existence of the order; (ii) 6 months after the service of the order; and (b) an application may only be made once in respect of a particular enforcement order. (3) An application is to – (a) be in an approved form; and (b) set out in full the reasons for the application. (4) The Director may consider an application in the absence of the applicant. 52. Suspension of enforcement order (1) The Director may suspend an enforcement order if satisfied that the enforcement order should be suspended. (2) The Director is to give the applicant notice of his or her decision to suspend or refuse to suspend the enforcement order. (3) The suspension of an enforcement order under this Division does not affect the original infringement notice or fine. (4) The suspension of an enforcement order under this Division automatically revokes any administrative sanction and suspends any civil sanction imposed under this Act and the Director must notify the relevant bodies of that revocation or suspension. 53. Revocation of suspension of enforcement order (1) An enforcement debtor must, within 28 days of the suspension of an enforcement order – (a) apply to the issuing authority for withdrawal of the infringement notice; or (b) pay the monetary penalty in full; or (c) apply to the Director for a variation of payment conditions; or (d) apply to the court under section 40 . (2) If an application under subsection (1)(a) is refused, the enforcement debtor may – (a) pay the monetary penalty in full; or (b) apply for a variation of payment conditions; or (c) apply to the Court under section 40 . (3) If an application under subsection (1)(c) is refused, the enforcement debtor must pay the monetary penalty in full. (4) If an application under subsection (1)(d) is refused, the enforcement debtor may – (a) apply for a variation of payment conditions; or (b) pay the monetary penalty in full (5) If, when the enforcement debtor is notified of the refusal of an application under subsection (1)(a) , (c) or (d) , the period referred to in that subsection has expired or will expire within 3 days, that period is extended for a further 7 days from the date the enforcement debtor receives the notification. (6) If no application is made within the time allowed in this section, or if all applications made under this section are refused, the Director may revoke the suspension of the enforcement order and proceed to enforce payment of the monetary penalty as if the suspension had not occurred. PART 6 - Administrative enforcement 54. Administrative sanctions (1) If a monetary penalty stated in an enforcement order remains unpaid and either a variation of payment conditions or an MPCSO has not been granted or the Director determines that the enforcement debtor is not satisfactorily complying with a variation of payment conditions, the Director may direct any or all of the following administrative sanctions: (a) that the enforcement debtor's driver licence be suspended; (b) that the enforcement debtor's prescribed licence be suspended; (c) that the enforcement debtor's vehicle registration be suspended; (d) that the enforcement debtor be ineligible to be issued with a driver licence; (e) that the enforcement debtor be ineligible to be the registered operator of a vehicle; (f) that the enforcement debtor cease to be entitled to a visitor's exemption under section 8 of the Vehicle and Traffic Act 1999 or an exemption under section 28 of that Act; (g) that the enforcement debtor's name be published together with details of the monetary penalty. (2) An enforcement debtor may be made subject to more than one administrative sanction at a time in respect of the same or different enforcement orders. 55. Suspension of driver licence (1) The Director may direct the suspension of an enforcement debtor's driver licence if – (a) the enforcement debtor has failed to pay the monetary penalty within the time allowed; and (b) in the case of an enforcement debtor who has made an application to convert the monetary penalty to an MPCSO, the application has been refused. (2) If the enforcement debtor has been granted a restricted driver licence by a court pursuant to section 18 of the Vehicle and Traffic Act 1999 , the Registrar is to notify the Director accordingly. (3) Subsection (1) does not apply in respect of a restricted driver licence. 56. Registrar to suspend driver licence (1) The Director is to give the Registrar written notice of the Director's direction in respect of an enforcement debtor's driver licence. (2) Subject to section 55(2) and (3) , on receipt of a notification under subsection (1) , the Registrar must – (a) suspend the relevant driver licence; and (b) whether or not the enforcement debtor holds a driver licence, record the direction in the driver licence register kept under the Vehicle and Traffic Act 1999 – until notified by the Director that the suspension has been revoked. (2A) On suspending the driver licence of an enforcement debtor under subsection (2) , the Registrar must give to the enforcement debtor written notice of – (a) that suspension; and (b) the day on which the suspension takes effect. (3) The suspension of a driver licence under this section does not affect the powers that a court or the Registrar may exercise under another Act to suspend or cancel the licence. (4) If a driver licence is suspended under this section, the licence may not be renewed or replaced, or a duplicate of the licence issued, while the suspension is in place. (5) An enforcement debtor is ineligible to be issued with a driver licence while a direction of the Director in respect of the enforcement debtor's driver licence is recorded, in accordance with subsection (2) , in the driver licence register kept under the Vehicle and Traffic Act 1999 . 57. Suspension of interstate driver licence If the enforcement debtor is the holder of an Australian driver licence that was not issued in this State – (a) the Director may direct the Registrar not to recognise the person's authority to drive; and (b) the enforcement debtor ceases to be entitled to a visitor's exemption for the purposes of section 8 of the Vehicle and Traffic Act 1999 ; and (c) the enforcement debtor, for the purposes of section 10 of the Vehicle and Traffic Act 1999 and regulation 11 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 , is taken to be ineligible to hold a driver licence under the Vehicle and Traffic Act 1999 ; and (d) the Registrar, upon receipt of notification by the Director under section 56(1) , is to record the suspension until notified by the Director that the suspension has been revoked. 58. Effect of suspension of driver licence (1) If a driver licence is suspended as a result of the operation of section 56 – (a) the suspension does not terminate a vehicle insurance policy; and (b) an insurance claim must not be refused only on the basis that the licence is so suspended. (c) . . . . . . . . (2) . . . . . . . . (3) This section has effect notwithstanding anything to the contrary in a vehicle insurance policy or other agreement. 59. Suspension of vehicle registration (1) The Director may direct the suspension of the registration of any vehicle registered to the enforcement debtor as the registered operator if – (a) the enforcement debtor has failed to pay the monetary penalty within the time allowed; and (b) in the case of an enforcement debtor who has made an application to convert the monetary penalty to an MPCSO, the application has been refused. (2) . . . . . . . . (3) If a vehicle registration suspended under this section is transferred, the suspension ceases to have effect. (4) If an enforcement debtor referred to in subsection (1) is not the registered operator of a vehicle at the time of a direction under that subsection, the direction operates so as to prevent the enforcement debtor from being registered as the registered operator of a vehicle. 60. Registrar to suspend vehicle registration (1) The Director is to give the Registrar written notice of the Director's direction to suspend the registration of a vehicle registered to the enforcement debtor as the registered operator. (2) On receipt of a notification under subsection (1) , the Registrar must suspend the registration of any vehicle registered to the enforcement debtor as the registered operator until notified by the Director that the suspension has been revoked. (2A) On suspending the registration of a vehicle registered to an enforcement debtor under subsection (2) , the Registrar must give to the enforcement debtor written notice of – (a) that suspension; and (b) the day on which the suspension takes effect. (2B) If the registration of a vehicle is suspended under this section, the registration may not be renewed, or a duplicate of the certificate of registration issued, while the suspension is in place. (3) The suspension of registration under this section does not affect the powers that a court or the Registrar may exercise under another Act to suspend or cancel the registration. (4) . . . . . . . . (5) If an enforcement debtor referred to in subsection (1) applies to register a different vehicle, the direction operates so as to prevent him or her from registering that vehicle. 61. Suspension of interstate vehicle registration If the Director directs the suspension of the registration of a vehicle registered to an enforcement debtor which is an interstate registered vehicle – (a) the enforcement debtor ceases to be entitled to an exemption for the purposes of section 28 of the Vehicle and Traffic Act 1999 ; and (b) the enforcement debtor's vehicle is taken to be ineligible to be registered for the purposes of regulation 45 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 ; and (c) the Registrar, upon receipt of notification by the Director under section 60(1) , is to record the suspension until notified by the Director that the suspension has been revoked. 62. Effect of suspension of vehicle registration (1) If a vehicle registration is suspended as a result of the operation of section 56 – (a) the suspension does not terminate a vehicle insurance policy; and (b) an insurance claim must not be refused only on the basis that the registration is so suspended. (2) This section has effect notwithstanding anything to the contrary in a vehicle insurance policy or other agreement. 63. Suspension of prescribed licence (1) The Director may direct the licence issuer to suspend a prescribed licence held by an enforcement debtor – (a) if the enforcement debtor has failed to pay the monetary penalty within the time allowed; and (b) in the case of an enforcement debtor who has made an application to convert the monetary penalty to an MPCSO, the application has been refused. (2) If an enforcement debtor referred to in subsection (1) does not hold a prescribed licence at the time of the direction under that subsection, the direction operates so as to prevent the enforcement debtor from obtaining such a licence. 64. Licence issuer to give effect to sanction (1) On directing the suspension of a prescribed licence, the Director is to notify the licence issuer. (2) On receipt of a notification under subsection (1) , the licence issuer must suspend the relevant licence until notified by the Director that the suspension has been revoked. (3) The renewal or replacement of a prescribed licence suspended under this Part does not affect the suspension. 65. Publication of name of enforcement debtor (1) The Director may authorise publication on an approved website of the name, address and driver licence number of an enforcement debtor and details of his or her monetary penalty. (2) If the enforcement debtor discharges the monetary penalty, the Director is to delete the name of the enforcement debtor from the website in respect of that monetary penalty. PART 7 - Civil enforcement Division 1 - Preliminary 66. Civil sanctions If any monetary penalty in respect of which an enforcement order has been issued is not discharged in accordance with this Act, the Director may, for the purpose of recovering that penalty, impose any of the following civil sanctions: (a) an enforcement warrant imposing a charge on land in respect of which the enforcement debtor is a registered proprietor; (b) an enforcement warrant enabling the seizure and sale of property in which the enforcement debtor has a legal interest; (c) an order for redirection of money owing to the enforcement debtor. 67. Warrant to be signed and sealed An enforcement warrant or order for redirection of money which is issued under this Part must be signed by the Director and endorsed with the official seal and is of no effect if it is not so signed and sealed. Division 2 - Enforcement warrants imposing charge on land 68. Enforcement warrant imposing charge on registered land (1) If an enforcement debtor has unpaid monetary penalties totalling more than $1 000, the Director may issue an enforcement warrant imposing a charge on any land of which the enforcement debtor is a registered proprietor. (2) Before issuing an enforcement warrant under subsection (1) in respect of any land, the Director is to serve on the enforcement debtor, and all other registered proprietors of the land, written notice that unless the debt is discharged within the time specified in the notice an enforcement warrant will be issued, without further notice. (3) Notice under subsection (2) is to – (a) specify a period of time, being at least 10 days, within which the enforcement debtor may discharge the debt and avoid the issue of the enforcement warrant; and (b) inform the enforcement debtor, and any other registered proprietor of the specified land, that an enforcement warrant issued under this Act will be registered under the Land Titles Act 1980 as a charge against that land; and (c) inform the recipients – (i) that it is an offence under section 72 of this Act, punishable by a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, for them to sell, transfer or otherwise deal with, or attempt to sell, transfer or otherwise deal with, the land; and (ii) that in addition to prosecution for an offence under this Act the enforcement debtor remains liable for any unpaid monetary penalty. (4) An enforcement warrant is to be in an approved form. (5) On issuing an enforcement warrant, the Director is to serve it on the enforcement debtor. (6) The Director may lodge a priority notice under the Land Titles Act 1980 in respect of land of which the enforcement debtor is a registered proprietor and, for the purposes of section 52(1)(b) of that Act, the Director is taken to be a person entitled to deal with the land. (7) The Director is to lodge an enforcement warrant issued and served under this section with the Recorder. (8) The Recorder is to register an enforcement warrant lodged with the Recorder under subsection (7) on the folio of the Register stated in the enforcement warrant. (9) The Director may exercise the rights and powers of a mortgagee set out in Division 5 of Part