Infringements Regulations 2016

Infringements Regulations 2016

S.R. No. 56/2016

table of provisions

Regulation Page

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

Part 2—Defined terms for the purposes ofthe Act 4

6 Enforcement agencies 4

7 Criteria for determining homelessness 4

Part 3—Enforcement agency reporting 5

8 Reports to Attorney-General 5

Part 4—Fees, costs and charges 7

9 Prescribed costs 7

10 Warrant issue fee 7

11 Exemption from fees, costs and charges 8

Part 5—Pre-enforcement 9

12 Official warning 9

13 Withdrawal of official warning 10

14 Infringement notice 10

15 Withdrawal notice 13

16 Time within which enforcement agency must review decision 14

17 Penalty reminder notice 14

Part 6—Lodgeable infringement offences 18

18 Lodgeable infringement offences prescribed 18

Part 7—Going to Court 19

19 Information to be lodged with the Court 19

Part 8—Lodging infringement penalties andenforcement orders 20

20 Prescribed minimum lodgeable infringement penalty amount 20

21 Enforcement order notice 20

22 Prescribed information when matter referred to Court 21

Part 9—Infringement warrants 22

23 Infringement warrant—prescribed form 22

24 Electronic infringement warrant 22

25 Seven-day notice—prescribed details 22

26 Prescribed persons—enforcement against bodies corporate 23

27 Consent to seizure of personal property 23

Part 10—Detention, immobilisation andsaleof motor vehicles 24

28 Recovery and seizure and sale of detained or immobilised vehicle 24

Part 11—Oral examination 25

29 Statement of financial circumstances 25

Part 12—Attachment of earnings orders andattachment of debts orders 28

Division 1—Attachment of earnings orders 28

30 Threshold amount for attachment of earnings order 28

31 Application for attachment of earnings order 28

32 Variation, discharge or suspension of attachment of earnings order 29

33 Cessation of attachment of earnings order 29

Division 2—Attachment of debts orders 30

34 Application for attachment of debts order 30

35 Variation, discharge or suspension of attachment of debts order 31

Part 13—Charges over and sale ofrealproperty 32

36 Prescribed amount for the purposes of Part 11 of the Act 32

37 Notice of intention to sell land 32

38 Service of notice of intention to sell land 33

Part 14—Community work permits 34

39 Regional Manager to keep records 34

40 Lawful instructions and directions 34

41 Matters to be specified in community work permit 35

42 Commencement of community work permit 36

43 Application for variation or cancellation of community work permit 36

44 Community corrections officer prescribed person for purposes of filing charge-sheet 37

45 How fines on community work permit can be paid 37

46 Copies of community work permits to be provided to Regional Manager 38

47 Nature of unpaid community work 38

48 Obligations of infringement offender subject to community work permit 39

Part 15—General 41

49 Service 41

50 Specified agencies 41

Schedule 1—Regulations revoked 42

Schedule 2—Enforcement agencies 45

Schedule 3—Lodgeable infringement offences—Conservation, Forests andLandsAct 1987 48

Schedule 4—Lodgeable infringement offences—Crown Land (Reserves) Act1978 52

Schedule 5—Lodgeable infringement offences—Electricity Safety Act 1998 78

Schedule 6—Lodgeable infringement offences—Fisheries Act 1995 79

Schedule 7—Lodgeable infringement offences—Liquor Control Reform Act 1998 139

Schedule 8—Lodgeable infringement offences—Marine Safety Act2010 140

Schedule 9—Lodgeable infringement offences—Mineral Resources (SustainableDevelopment) Act 1990 144

Schedule 10—Lodgeable infringement offences—Residential Tenancies Act 1997 148

Schedule 11—Lodgeable infringement offences—Road Safety Act1986 150

Schedule 12—Lodgeable infringement offences—Transport (Compliance and Miscellaneous) Act 1983 154

Schedule 13—Lodgeable infringement offences—Water Act 1989 158

Schedule 14—Lodgeable infringement offences—Wildlife Act 1975 160

Schedule 15—National Law lodgeable infringement offences 172

Schedule 16—Further lodgeable infringementoffences 181

Schedule 17—Specified agencies for the purposes of section 164 195

Form 1—Infringement warrant 198

Form 2—Infringement warrant 201

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Endnotes 203

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Schedule 2—Enforcement agencies

Infringements Regulations 2016

S.R. No. 56/2016

statutory rules 2016

S.R. No. 56/2016

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Schedule 2—Enforcement agencies

Infringements Regulations 2016

S.R. No. 56/2016

Infringements Act 2006

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Schedule 2—Enforcement agencies

Infringements Regulations 2016

S.R. No. 56/2016

Infringements Regulations 2016

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Schedule 2—Enforcement agencies

Infringements Regulations 2016

S.R. No. 56/2016

The Governor in Council makes the following Regulations:

Dated: 7 June 2016

Responsible Minister:

MARTIN PAKULA

Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

Part 1—Preliminary

1 Objective

The objective of these Regulations is to prescribe—

(a) lodgeable infringement offences for the purposes of the Infringements Act 2006;

(b) fees, costs and charges payable under that Act;

(c) details that must be included in a range of documents relating to the pre-enforcement stage of the infringement system under that Act;

(d) details that must be included in a range of documents relating to the enforcement of infringement penalties under that Act;

(e) forms of infringement warrant under that Act;

(f) procedural matters relating to oral examination, attachment of earnings orders and attachment of debts orders under that Act;

(g) procedural and administrative matters relating to community work permits issued under that Act;

(h) the information that enforcement agencies need to provide to the Attorney-General under that Act;

(i) other matters required to be prescribed under that Act.

2 Authorising provision

These Regulations are made under section 168 of the Infringements Act 2006.

3 Commencement

These Regulations come into operation on 26 June 2016.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

drug of dependence has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;

Infringements Court has the same meaning as it has in the Magistrates' Court Act 1989;

parking infringement has the same meaning as it has in the Road Safety Act 1986;

Regional Manager has the same meaning as it has in Part 4 of the Corrections Act 1986;

the Act means the Infringements Act 2006.

Part 2—Defined terms for the purposes ofthe Act

6 Enforcement agencies

For the purposes of paragraph (c) of the definition of enforcement agency in section 3(1) of the Act, a person or body or class of person or body described or specified in Schedule 2 is a prescribed person or body or class of person or body (as the case requires).

7 Criteria for determining homelessness

For the purposes of paragraph (c) of the definition of special circumstances in section 3(1) of the Act, the prescribed criteria for determining that a person is homeless is that the person satisfies at least one of the following—

(a) the person is living in crisis accommodation;

(b) the person is living in transitional accommodation;

(c) the person is living in any other accommodation provided under the Supported Accommodation Assistance Act1994 of the Commonwealth;

(d) the person has inadequate access to safe and secure housing as defined in section 4(2) of the Supported Accommodation Assistance Act 1994 of the Commonwealth.

Part 3—Enforcement agency reporting

8 Reports to Attorney-General

(1) For the purposes of section 6 of the Act, an enforcement agency must provide to the AttorneyGeneral the following information—

(a) the number of official warnings served by the enforcement agency in relation to each category of infringement offence;

(b) the number of official warnings withdrawn by the enforcement agency in relation to each category of infringement offence;

(c) the number of infringement notices served by the enforcement agency in relation to each category of infringement offence;

(d) the number of infringement notices withdrawn by the enforcement agency in relation to each category of infringement offence;

(e) in relation to each category of infringement offence, the number of persons served with an infringement notice who elect under section 16(1) of the Act to have the matter ofthe infringement offence heard and determined in the Court or the Children's Court;

(f) in relation to each category of infringement offence, the following—

(i) the number of applications for internal review received by the enforcement agency under each of the grounds in section 22(1) of the Act;

(ii) as far as practicable, in relation to theinformation provided under subparagraph (i), the number of applications for internal review decided in accordance with section 25(1)(a) to(h) or 25(2)(a) to (c) of the Act, as the case may be;

(iii) as far as practicable, in relation to decisions made under section 25(1)(h) of the Act, the relevant combination of actions taken;

(g) the number of applications for payment plans received by the enforcement agency under section 46(1) of the Act, and, as far as practicable—

(i) the total number of payment plans offered under section 46(3) and (4) ofthe Act; and

(ii) in relation to payment plans offered under section 46(3) or (4) of the Act, the total number of payment plans commenced in accordance with section48 of the Act; and

(iii) in relation to commenced payment plans, the number of persons sent written notice advising of default under section 52 of the Act.

(2) The prescribed intervals for the purposes of section 6(a) of the Act are intervals of 6 months.

Part 4—Fees, costs and charges

9 Prescribed costs

For the purposes of the definition of prescribed costs in section 3(1) of the Act, the prescribed costs in respect of an infringement penalty are—

(a) for the purposes of section 29(4) of the Act, when a penalty reminder notice is served in respect of an infringement penalty—

(i) until 1 July 2016, 1·8 fee units; and

(ii) on and after 1 July 2016, 1·62 fee units; and

(b) for the purposes of section 54(1) of the Act, when details of any outstanding amount of an infringement penalty are lodged in respect of a lodgeable infringement offence—

(i) until 1 July 2016, 3·9 fee units; and

(ii) on and after 1 July 2016, 4·92 fee units; and

(c) for the purposes of section 59(1) of the Act, when an enforcement order is made—

(i) until 1 July 2016, 2·1 fee units; and

(ii) on and after 1 July 2016, 2·57 fee units.

10 Warrant issue fee

For the purposes of section 81(1) of the Act, the prescribed fee for the issue of an infringement warrant is—

(a) until 1 July 2016, 4·4 fee units; and

(b) on and after 1 July 2016, 4·35 fee units.

11 Exemption from fees, costs and charges

(1) The following persons are exempt from the fees, costs and charges specified in regulation 9—

(a) a police officer acting in the course of the officer's duty;

(b) a person acting for or by authority of the Crown.

(2) Despite subregulation (1), any fee, cost or charge that is a prescribed cost that would otherwise be payable under regulation 9 is payable by the person who is liable to pay the infringement penalty to which the prescribed cost relates.

Part 5—Pre-enforcement

12 Official warning

For the purposes of section 8(2) of the Act, the prescribed details that an official warning must contain are the following—

(a) that it is an official warning;

(b) the date of the official warning;

(c) the name and address (if known) of the person served with the official warning;

(d) the name of the enforcement agency;

(e) the enforcement agency identifying reference of the official warning;

(f) either—

(i) the name of the issuing officer; or

(ii) the enforcement agency identifying reference of the issuing officer;

(g) the date and approximate time and place of the infringement offence alleged to have been committed;

(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(i) that further information may be obtained from at least one of the following—

(i) a nominated telephone number;

(ii) a designated address;

(iii) the enforcement agency's website.

13 Withdrawal of official warning

(1) For the purposes of section 11(2) of the Act, the prescribed period is 6 months from the date of service of the official warning.

(2) For the purposes of section 11(4)(b) of the Act, the prescribed details that a withdrawal of an official warning must contain are the following—

(a) that it is a withdrawal of the official warning;

(b) the date of the withdrawal of the official warning;

(c) the name and address (if known) of the person served with the withdrawal of the official warning;

(d) the name of the enforcement agency;

(e) the enforcement agency identifying reference of the withdrawal of the official warning;

(f) the date and approximate time and place of the infringement offence alleged to have been committed;

(g) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(h) a statement of how the enforcement agency intends to proceed in respect of the infringement offence alleged to have been committed.

14 Infringement notice

(1) For the purposes of section 13 of the Act, the prescribed details that an infringement notice must contain are the following—

(a) that it is an infringement notice;

(b) the date of the infringement notice;

(c) the name and address (if known) of the person served with the infringement notice or, if the infringement notice is in respect of an infringement offence that is a parking infringement, the words "the Owner";

(d) the name of the enforcement agency;

(e) the enforcement agency identifying reference of the infringement notice;

(f) subject to paragraph (g), either—

(i) the name of the issuing officer; or

(ii) the enforcement agency identifying reference of the issuing officer;

(g) in the case of an infringement notice issued or served on behalf of the Traffic Camera Office, the title or name of the issuing officer;

(h) the date and approximate time and place of the infringement offence alleged to have been committed;

(i) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(j) the infringement penalty;

(k) the manner in which the infringement penalty may be paid;

(l) that the infringement penalty must be paid by a specified due date;

(m) that failure to pay the infringement penalty by the specified due date may result in further enforcement action being taken and the incurring of further costs;