STATUTES AMENDMENT (FINES ENFORCEMENT AND RECOVERY) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (17:24): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Criminal Law (Sentencing) Act 1988 and the Expiation of Offences Act 1996, as well as making consequential amendments to a number of other Acts, to change the present system for the collection and enforcement of unpaid pecuniary sums and expiation fees as well as debts owed to the Crown under the Victims of Crime Act 2001.

In the Government's view, the present system of enforcing these debts is not working as effectively as it could. As at 22 March 2013, the state of South Australia had $275 million under management with the Fines Payment Unit within the Courts Administration Authority. Of this amount, approximately:

$132 million is subject to active time-payment arrangements or is not yet due.

$103 million is overdue as it has not been paid within the time set by law and for which the debtor has not entered into a time payment or deferral arrangement. Of this, approximately $45 million relates to the original fine and $58 million relates to additional fees and charges (including the Victim of Crime levy, reminder notice fees and enforcement fees). Of the $103 million overdue, over $91 million is the subject of enforcement action pursuant to the Criminal Law (Sentencing) Act.

$40 million is currently subject to an outsourced pilot arrangement with a specialised debt recovery organisation.

To address this problem, the Government previously established a working party to look at options to improve the system. An options paper was duly published for consultation in September 2011. The present Bill is the final result.

The Bill removes the function of fines enforcement from the Courts Administration Authority's Fines Payment Unit and instead confers it on the Fines Enforcement and Recovery Unit. This is a business unit to be established within executive government. It makes changes to the present fines collection process to reduce delays and increase flexibility.

The key expected benefits to Government of this reform include:

A favourable budget impact.

An ability to manage some debts earlier—to enable more proactive collections activity to motivate payment.

The government's ability to declare amnesties from the whole or part of costs, fees and other charges and to increase the likelihood of recovery by running targeted amnesty campaigns from time to time.

Expanded enforcement options—to increase the likelihood of collection, enhanced enforcement measures will include:

clamping and impounding of vehicles (in addition to the present power of seizure and sale);

sale of a debtor's primary place of residence if the debt amounts to $10,000 or more, including where enforcement action is taken on debts that precede the passing of the new Bill;

publishing of debtor names on a website to publicise who is subject to enforcement action and as a means to locate and/or to fulfil the service of certain notices (with some exceptions); and

indefinite suspension of a debtor's driver's licence.

The Bill allows for greater flexibility in applying enforcement actions—the Bill removes existing restrictions on the sequencing of enforcement actions providing the ability to execute the most effective enforcement treatment path of action for a particular debtor in the first instance.

The Bill establishes the role of the Fines Enforcement and Recovery Officer (the Officer) and provides the Officer with various powers.

One of those powers is to negotiate with debtors to enter into a time payment plan. A person who receives either a court fine or an expiation notice will have the option of instalment payments, without needing to prove hardship. There will be a right to enter into an instalment plan that will see the fine paid off within 12 months. This right, however may not be available to a person who has previously defaulted on an instalment plan or who is bankrupt. It will be at the discretion of the Officer to refuse to enter into any such payment arrangement. The instalment plan must provide for payment of the debt by a direct debit arrangement. For persons on Centrelink benefits, this could be a Centrepay arrangement. Alternatively, there will be the option of entering into some other arrangement with the Officer, such as payment by instalments over a period exceeding 12 months, giving a charge over real estate, a combination of payment arrangements such as a lump sum payment plus instalments, garnish wages or relinquishing property to the Officer to be sold. Such alternative arrangements are in the discretion of the Officer.

This will be easier to access for debtors with arrangements able to be made over the phone or online and reducing reliance on over-the-counter services.

When entering into an instalment arrangement, the debtor may be required to give an irrevocable authority for the disclosure of financial information by any Commonwealth, State or Local Government agency or employer at the Officer's request.

The present procedure whereby the Manager cancels the broken instalment arrangement and the debtor can then seek a review of that decision is abolished. Likewise, the procedure whereby the Manager makes an enforcement order and the debtor can seek a review of that order is also abolished. Instead, if a debtor fails to comply with an arrangement and the failure has endured for 14 days then the arrangement terminates. Once the default occurs, it is up to the Officer to pursue enforcement or to negotiate some other arrangement with the debtor.

Debtors will be able to apply to the Officer for a review of an enforcement determination in relation to an expiation notice on limited procedural grounds and an administrative application fee will be payable. The Officer may refuse to entertain an application if the Officer considers the application is frivolous or vexatious or is not made in good faith. Where an enforcement determination is revoked, management of the debt will be returned to the Issuing Authority. The Bill also allows for applications for a merits based review by the Magistrates Court where the alleged offender claims he or she did not commit the offence to which the expiation notice relates, for example the offender claims they were not the driver at the time but had allowed a relative to drive the vehicle.

If the Officer does decide not to take enforcement action, or to waive payment of any part of a debt that includes a component of victims' compensation, the Officer must notify the victim. The victim is then entitled to recover the compensation awarded as a debt from the debtor. This is considered to be fairer to the victim than the present system, whereby the court can remit or reduce the pecuniary sum, which includes the compensation, or convert it into community service, without reference to the victim.

The Bill abolishes the present hierarchy of enforcement options open for the collection of the debt. Under the present law, the Manager, Penalty Management, must normally seek to enforce the debt first by a 60-day suspension of a debtor's driver's licence or a ban on certain transactions between the debtor and the Registrar of Motor Vehicles, or both. If these sanctions do not result in payment, the Manager can then take action to sell the debtor's property. Only if that is also unsuccessful does the option of garnishment of a source of funds arise. The Bill would abolish this hierarchy of options. Instead, the Fines Enforcement and Recovery Officer would have a free hand to select the option most suited to the particular case. If, for instance, the debtor owns land, the Officer might take enforcement action by registering a charge over the land immediately. If the debtor is working, or is due an award of compensation, the Officer might garnish the wages or the award.

The Bill also adds some new enforcement powers and options and enhances some existing options. The Officer will have power to require any person to produce documents relevant to the debtor's financial affairs. For example, the Officer might ask the Public Trustee or a private administrator to disclose records about the funds of the debtor that are under management. The Officer will also be able to require state government agencies to disclose contact details for the debtor, other than agencies that are excluded by regulation. The Officer can also require a person reasonably suspected to be the debtor to produce proof of identity and where a person, without reasonable excuse refuses to comply with such a requirement can be found liable to prosecution.

The Bill allows the Officer to require information from public sector agencies relevant to the debtor—to assist in locating debtors. Public sector agencies must, on request from the Officer, provide debtor contact details if the agency is in possession of those details.

The option of suspending a driver's licence is amended so that the suspension can be indefinite, rather than limited to 60 days as at present. That is, unless the Officer is persuaded otherwise, the debtor will need to make arrangements to pay his debt if he wants to become entitled to drive again.

The power to bar transactions with the Registrar of Motor Vehicles is expanded so that it includes the transfer or re-registration of the debtor's vehicle, except for a transfer to a bona fide purchaser for value. If a debtor can afford to re-register his car or renew his driver's licence, then, in the Government's view, he can afford to put money towards his debt to the state.

The option of sale of personal property allows the sale of non-essential household items such as a games console or a television could be sold, although it is intended to protect essential household items such as refrigerators by regulation. The option of sale of land is expanded so that the debtor's residence can be sold, if the debt reaches $10,000. Currently, a debtor's house cannot be sold, no matter how much he owes and no matter what the value of the house or the equity in it.

The power to garnish wages or some other source of funds is amended so that it is not mandatory to investigate the debtor's means first and to exclude hardship. If there are funds belonging to the debtor in a bank account or in the hands of a third person, or money owing to them from any source, the Officer can attach those funds to pay the debt.

It will also be possible for the Officer to clamp or impound a vehicle. This includes a vehicle owned by the debtor or a vehicle the debtor is accustomed to drive or a vehicle that was used in the commission of an offence even if he does not own it. Clamping or impounding is available whether or not the offence was a driving offence. Currently, and perhaps surprisingly, the law allows the Manager, Penalty Management, to sell a person's car but not to immobilize it without proceeding for sale. The Officer will have additional powers in relation to clamping and impounding a vehicle, from requiring a person to stop the vehicle; causing a locking device or other feature of the vehicle to be removed, dismantled or neutralised to also requiring a person to surrender the keys to the vehicle, or starting the vehicle by other means or towing or pushing the vehicle away.

There is a new power to publish the name of a defaulting debtor on the internet. Again, this is taken from the Tasmanian law. As a result of the Commonwealth Privacy Act, a credit report obtained by a prospective lender does not include criminal penalties. It is thus possible for a person to appear to be a reliable payer but in fact to owe a substantial sum in unpaid court fines. A prospective lender or a landlord is at risk of lending money or letting premises to a person who, in fact, has not paid their debts. The Bill proposes that the Fines Enforcement and Recovery Officer could publish the names of debtors subject to enforcement action on a website which would be publicly accessible. Names would, however, have to be promptly removed if full payment was made.

As well as collecting court fines and expiation fees, the Fines Enforcement and Recovery Officer will be able to collect debts owing by offenders to the Victims of Crime Fund as a result of payments made to injured victims of crime. At the moment, these debts are collected by the Crown Solicitor's Office. Routine debt collection work is not considered a good use of the resources of that office.

The Bill allows the Officer to charge a lodgement fee to issuing authorities for lodgement of expiation fees for collection or enforcement by the Officer—the Bill provides for the ability to charge a fee to issuing authorities for the purposes of partial cost recovery for accepting the debt into the system.

The Bill also permits the Fines Enforcement and Recovery Officer in future to take on debt collection work for other government agencies by arrangement and on a cost-recovery basis.

As under the present law, the cost of enforcement action will be added to the amount owing and collected through the same processes. However, the Bill permits the Minister to declare an amnesty, during which if the debtor pays the fine in full, the accrued costs, fees and/or other costs can be waived.

Under the transitional provisions, for debtors who have made instalment payment arrangements under the present law, those arrangements continue under the new law. Where a default has already occurred and an enforcement order has been made under the old law, that order continues unless the Fines Enforcement and Recovery Officer revokes it. Where a default occurs, and no enforcement order has yet been made under the old law, all of the new enforcement options will become available.

The Bill makes consequential amendments to several other Acts reflecting the abolition of the office of Manager, Penalty Management.

The Bill also amends the Motor Vehicles Act 1959 to increase the penalties for two offences. The penalty for driving an unregistered vehicle increases from $2,500 to $7,500 and that for driving an uninsured vehicle increases from $5,000 to $10,000. As a corollary, the Bill also amends the maximum amount of an expiation fee under this Act from $1,250 to $2,500. This will permit proposed increases in the expiation fees for these two offences, set by regulation, which the Government intends to increase from $315 and $582 respectively to $1,000 and $1,500. This is intended to ensure that there is no financial incentive to commit these offences. That is, it should never be cheaper to drive unregistered than to register the vehicle.

This Bill is intended to deliver a more effective fines collection system, not only by being tougher, although in some respects it is, but also by being more flexible and more practical in its approach than the present law. The collection process is removed from the courts and will become largely administrative. The Fines Enforcement and Recovery Officer will have wide discretion to decide whether and how to pursue a debt. The new process is expected to be quicker and more effective in recovering debts, and at the same time not to waste money pursuing those debts that are plainly unrecoverable. It is also intended to give debtors more payment options at the start of the process, to maximise the opportunities for those able and willing to pay to do so and, for debtors who for good reason are unable to pay, to divert them to other options at an early stage.

The Government believes this Bill is a practical measure to address a problem that, under the present law, has become intractable.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Correctional Services Act 1982

4—Amendment of section 74AA—Board may impose community service for breach of conditions

Section 74AA currently provides that if the Parole Board of South Australia imposes a parole condition requiring performance of community service, the person subject to the order cannot, except in circumstances approved by the Minister, be required to perform the community service for a continuous period exceeding 8 hours. This clause amends the section by reducing the maximum continuous period to 7.5 hours.

Part 3—Amendment of Courts Administration Act 1993

5—Amendment of section 21A—Non-judicial court staff

This amendment is consequential.

Part 4—Amendment of Criminal Law (Sentencing) Act 1988

6—Amendment of section 3—Interpretation

This amendment inserts and amends definitions for the purposes of the measure.

7—Amendment of section 13—Order for payment of pecuniary sum not to be made in certain circumstances

This amendment is related to the substitution of Part 9 Division 3.

8—Amendment of section 47—Special provisions relating to community service

Currently, under section 47, the number of hours of community service to be performed by a person under a sentence or condition imposed by a court must not be less than 16 or more than 320. Under the section as amended by this clause, the number of hours must not be less than 15 or more than 300.

The section also currently provides that a person subject to such a sentence or requirement may not, except in circumstances approved by the Minister, be required to perform the community service for a continuous period exceeding 8 hours. This clause amends the section by reducing the maximum continuous period to 7.5 hours.

9—Amendment of section 56A—Appointment of authorised officers

This amendment allows the Minister to appoint a person as an authorised officer and makes consequential amendments.

10—Insertion of section 56B

This amendment inserts definitions for the purposes of Part 9 Division 2 that are related to the proposed substitution of Part 9 Division 3.

11—Substitution of Part 9 Division 3

This clause substitutes a new Part 9 Division 3 as follows:

Division 3—Enforcement of pecuniary sums

Subdivision 1—Preliminary

60—Interpretation

This section provides definitions for the purposes of the Division.

61—Amounts due under expiation notices may be treated as part of pecuniary sum

This section provides for the making of a determination by the Fines Enforcement and Recovery Officer, on application by a debtor, that an amount due under an expiation notice will be taken to be part of the pecuniary sum owed by the debtor.

62—Enforcement against youths

This section relates to enforcement against youths.

63—Service of notices etc

This section provides for the service of notices generally under the Division.

Subdivision 2—Fines Enforcement and Recovery Officer

64—Fines Enforcement and Recovery Officer

This section establishes the Fines Enforcement and Recovery Officer.

65—Delegation

The Fines Enforcement and Recovery Officer may delegate powers or functions.

Subdivision 3—Payment of pecuniary sums

66—Pecuniary sum is payable within 28 days

This section provides for the payment of pecuniary sums within 28 days.

67—Payment of pecuniary sum to Fines Enforcement and Recovery Officer

This section provides for pecuniary sums to be paid to the Fines Enforcement and Recovery Officer.

68—Payment by credit card etc

This section allows payment of a pecuniary sum by credit card, charge card or debit card.

69—Amounts unpaid or unrecovered for more than certain period

If any part of a pecuniary sum imposed by court order is unpaid or unrecovered in accordance with the provisions of Subdivision 3 or 4, an amount determined under the regulations is added to the pecuniary sum. The Fines Enforcement and Recovery Officer may waive the payment of the whole or part of an amount payable by a debtor under this provision.

70—Arrangements as to manner and time of payment

This section provides that a debtor may enter into an arrangement as to the manner and time of payment of a pecuniary sum, and provides for procedures relating to such arrangements.

70A—Minister may declare amnesty from payment of costs, fees and charges

The Minister may declare an amnesty from the payment of costs, fees and charges.

70B—Investigation of debtor's financial position

The Fines Enforcement and Recovery Officer may investigate a debtor's means of satisfying a pecuniary sum.

70C—Power to require information

The Fines Enforcement and Recovery Officer may require certain information from a public sector agency.

70D—Disclosure of information to prescribed interstate authority

The Fines Enforcement and Recovery Officer may disclose prescribed particulars of a debtor to a prescribed interstate authority.

70E—Power to require identification

This section provides for an authorised officer to require identification evidence in certain circumstances.

70F—Publication of names of debtors who cannot be found

This section provides for the publication of names of debtors who cannot be found.

70G—Charge on land

The Fines Enforcement and Recovery Officer may register a charge over land owned by a debtor for the amount of a pecuniary sum outstanding.

70H—Reminder notice

This section provides for a reminder notice to be sent to a debtor who has not paid a pecuniary sum or entered into an arrangement within 28 days after the pecuniary sum is imposed.

70I—Enforcement actions

This section provides for the Fines Enforcement and Recovery Officer to take enforcement action if a debtor has not, within 14 days of (and including) the date on which a reminder notice relating to a pecuniary sum was served on the debtor, paid the sum or entered into an arrangement under the Division in respect of the sum or an arrangement under the Division has terminated.

Subdivision 4—Powers relating to enforcement action

70J—Aggregation of pecuniary sums for the purposes of enforcement

This section provides for the aggregation of pecuniary sums for the purposes of enforcement.

70K—Seizure and sale of assets

This section provides for the seizure and sale of assets of a debtor to satisfy a pecuniary sum.

70L—Garnishment

This section provides for the garnishment of money to satisfy a pecuniary sum owed by a debtor.

70M—Suspension of driver's licence

This section provides for the suspension of a debtor's driver's licence.

70N—Restriction on transacting business with Registrar of Motor Vehicles

This section provides that the Fines Enforcement and Recovery Officer may prohibit a debtor from transacting any business with the Registrar of Motor Vehicles.

70O—Clamping or impounding of vehicle

This section empowers the Fines Enforcement and Recovery Officer to clamp or impound a motor vehicle that a debtor owns, or is accustomed to drive, or that was used in the commission of an offence to which action under this Division relates.

70P—Power to dispose of uncollected seized vehicles

This section empowers the Fines Enforcement and Recovery Officer to dispose of a motor vehicle if no person who is entitled to custody of the vehicle that has been seized and clamped or impounded applies to the Fines Enforcement and Recovery Officer for release of the vehicle within 28 days of the vehicle ceasing to be liable to be so clamped or impounded.

70Q—Publication of names of debtors subject to enforcement action

This section provides for the publication of the names of debtors subject to enforcement action.

70R—Costs

This section provides that any costs incurred by the Fines Enforcement and Recovery Officer in relation to the exercise of powers and functions under the Subdivision are added to and form part of the pecuniary sum owed by the debtor.

70S—Liability

This section makes provision relating to the liability of the Fines Enforcement and Recovery Officer or a delegate of the Fines Enforcement and Recovery Officer in respect of the exercise, or purported exercise, of powers an functions under the Subdivision.

70T—Fines Enforcement and Recovery Officer may be assisted by others

This section provides that the Fines Enforcement and Recovery Officer or an authorised officer may, in the exercise of any powers or functions under the Subdivision, be assisted by others.

Subdivision 5—Failure of enforcement process

70U—Community service orders

This section provides that the Court may, on application by the Fines Enforcement and Recovery Officer, make a community service order in relation to a debtor, if the Court is satisfied that the debtor does not have, and is not likely within a reasonable time to have, the means to satisfy a pecuniary sum without the debtor or his or her dependants suffering hardship.

12—Amendment of section 71—Community service orders may be enforced by imprisonment

This clause amends section 71(2) to provide for a 12 month limit on the term of imprisonment that may be imposed in enforcing community service orders made under Part 9 Division 3 Subdivision 5 (as distinct from other community service orders, in relation to which the existing 6 month limit continues to apply). The other amendments are consequential.

13—Amendment of section 72—Identification of authorised officers

14—Amendment of section 72A—Hindering authorised officer or assistant

15—Amendment of section 75—Regulations

These amendments are consequential.

16—Transitional provisions

This clause provides for transitional provisions for the purposes of the measure.

Part 5—Amendment of Cross-border Justice Act 2009

17—Amendment of section 120—Terms used in this Part

This amendment is consequential.

Part 6—Amendment of Expiation of Offences Act 1996

18—Amendment of section 4—Interpretation

This amendment inserts and amends definitions for the purposes of the measure.

19—Amendment of section 6—Expiation notices

This amendment is consequential.

20—Amendment of section 7—Payment by card

This amendment is technical.

21—Amendment of section 8—Alleged offender may elect to be prosecuted etc

22—Amendment of section 8A—Review of notices on ground that offence is trifling

These amendments are consequential.

23—Substitution of sections 9 and 10

This clause deletes the existing sections 9 and 10 and substitutes a new section 9 as follows:

9—Arrangements as to manner and time of payment

This section provides that an alleged offender who has been given an expiation notice may at any time during the expiation period, enter into a written arrangement with the Fines Enforcement and Recovery Officer for payment of the amount due under the notice by direct debit instalments or some other kind of written arrangement with the Fines Enforcement and Recovery Officer for payment of the amount due under the notice.

The section makes provision for procedures and other matters relating to arrangements.

24—Amendment of section 11—Expiation reminder notices

This clause deletes subsections (2) and (4) and makes consequential amendments.

25—Amendment of section 11A—Expiation enforcement warning notices

This clause deletes subsections (3) and (5) and makes a consequential amendment.

26—Substitution of sections 12 to 14

This clause substitutes sections 12 to 14 as follows:

12—Late payment

This section provides for late payment of expiation fees.

13—Enforcement determinations

This section provides for the Fines Enforcement and Recovery Officer to make an enforcement determination in relation to an expiation notice given to a person if an issuing authority has sent a certificate under subsection (1) to the Fines Enforcement and Recovery Officer. The section provides for procedures and other matters relating to the making of a determination, including as to how the alleged offender will be treated in relation to the offence or offences to which the determination relates.

14—Review of enforcement determinations by Court

If an enforcement determination has been made, the alleged offender may apply to the Court for a review of the determination. An application may only be made on the ground that the alleged offender did not commit the offence or offences to which the expiation notice relates.

14A—Enforcement actions by Fines Enforcement and Recovery Officer

This section provides for the Fines Enforcement and Recovery Officer to take enforcement action if an enforcement determination has been made in relation to an expiation notice to secure payment of the amount due under the notice. Enforcement action includes entering into an arrangement under section 9 or taking enforcement action under the Criminal Law (Sentencing) Act 1988.

14B—Amounts unpaid or unrecovered for more than certain period

If any part of an expiation fee remains unpaid, or unrecovered from, the alleged offender at the end of the expiation period, an amount determined under the regulations is added to, and forms part of, the amount due. The Fines Enforcement and Recovery Officer may waive payment of the additional amount in such circumstances as he or she thinks fit.

27—Amendment of section 15—Effect of expiation

28—Amendment of section 16—Withdrawal of expiation notices

29—Amendment of section 17—Application of payments

These amendments are consequential.

30—Substitution of sections 18, 18A and 18B

This clause deletes sections 18, 18A and 18B and substitutes new sections as follows:

18—Provision of information

This clause requires issuing authorities and the Fines Enforcement and Recovery Officer to agree to provide relevant information to each other.

18A—Minister may declare amnesty from payment of costs, fees and charges

The Minister may declare an amnesty from the payment of costs, fees and charges.

18B—Investigation of alleged offender's financial position

The Fines Enforcement and Recovery Officer may investigate an alleged offender's means of satisfying a pecuniary sum.

18C—Power to require information

A public sector agency that is in possession of the contact details of an alleged offender must provide the details to the Fines Enforcement and Recovery Officer on request.

18D—Disclosure of information to prescribed interstate authority

Prescribed particulars of an alleged offender may be disclosed by the Fines Enforcement and Recovery Officer to a prescribed interstate authority.

18E—Power to require identification

The Fines Enforcement and Recovery Officer may require a person to produce evidence of his or her identity if the Officer has reasonable cause to suspect that the person may be a person to whom an expiation notice has been issued.

31—Amendment of section 20—Regulations

This clause amends the regulation making provision of the Act so that the regulations may—

prescribe, or provide for the calculation of, costs, fees or charges for the purposes of the Act;

exempt a person or class of persons from the obligation to pay prescribed costs, fees or charges;

prescribe penalties, not exceeding $5,000, for breach of, or non-compliance with, a regulation;

be of general or limited application;

make different provision according to the persons, things or circumstances to which they are expressed to apply;

provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Fines Enforcement and Recovery Officer or another prescribed person;

provide that a specified provision of the Act does not apply, or applies with prescribed variations, to a person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject.

The regulations may also make provisions of a savings or transitional nature consequent on the commencement of a provision of the Act.

32—Transitional provisions

This clause sets out transitional provisions for the purposes of the measure.

Part 7—Amendment of Fisheries Management Act 2007

33—Amendment of section 104—Demerit points for certain offences

The amendments made by this clause are consequential.

34—Amendment of section 108—Disqualification etc and discounting of demerit points

Section 108 currently refers to a person having been convicted of offences. The section as amended by this clause will refer instead to a person having been found guilty of offences.

Part 8—Amendment of Magistrates Court Act 1991

35—Amendment of section 7A—Constitution of Court

Under section 7A as amended by this clause, the Magistrates Court may be constituted of a special justice for the purpose of hearing and determining applications for review of enforcement determinations under the Expiation of Offences Act 1996.

36—Amendment of section 9A—Petty Sessions Division

37—Amendment of section 12—Administrative and ancillary staff

The amendments made by these clauses are consequential.

38—Repeal of section 13A

This clause repeals section 13A. The section, which sets out the responsibilities of the Manager, Penalty Management, will be redundant on the establishment of the position of the Fines Enforcement and Recovery Officer.

Part 9—Amendment of Motor Vehicles Act 1959

39—Amendment of section 5—Interpretation

The amendment made by this clause is consequential.

40—Amendment of section 9—Duty to register

This clause increases maximum penalties for offences under section 9.

41—Amendment of section 85—Procedures for suspension, cancellation or variation of licence or permit

Section 85 applies if the Registrar of Motor Vehicles decides to exercise a power to suspend, cancel or (otherwise than on the person's application) vary a person's licence or learner's permit and requires the Registrar to give the person written notice of certain matters. This clause inserts a new subsection that makes it clear that the section does not apply if the Registrar is required to exercise a power to suspend, cancel or vary a person's licence or learner's permit.

42—Amendment of section 93—Notice to be given to Registrar

Section 93 as amended by this clause will require the Commissioner of Police, a prescribed issuing authority or the Fines Enforcement and Recovery Officer to give written notice of the expiation of an offence to the Registrar. The provision also provides for notification of a revocation of an enforcement determination where appropriate.

43—Amendment of section 98B—Demerit points for offences in this State

The amendment made by this clause is consequential.

44—Amendment of section 102—Duty to insure against third party risks

This clause increases maximum penalties for offences under section 102.

45—Amendment of section 139D—Confidentiality

This clause makes a consequential amendment to the confidentiality provision.

46—Amendment of section 145—Regulations

This clause amends the regulation making power to increase the maximum amount that may be fixed by regulation as an expiation fee for an offence against the Act or the regulations.

Part 10—Amendment of Summary Procedure Act 1921

47—Amendment of section 189A—Costs payable by defendant in certain criminal proceedings

The amendment made by this clause is consequential.

Part 11—Amendment of Victims of Crime Act 2001

48—Amendment of section 28—Right of Attorney-General to recover money paid out from offender etc

Section 28 is concerned with the right of the Attorney-General to recover amounts paid under the Act in certain circumstances. Under the section as amended by this clause, if a debt arises from a judgment in favour of the Crown and against an offender in accordance with the section, the Fines Enforcement and Recovery Officer is permitted to take action on behalf of the Crown to recover the debt.

49—Amendment of section 32—Imposition of levy

The amendments made by this clause are consequential.

Part 12—Amendment of Young Offenders Act 1993

50—Amendment of section 49A—Restrictions on performance of community service and other work orders

Section 49A currently provides that a youth cannot be required to perform community service for more than 8 hours in any one day except in circumstances approved by the Minister. This clause amends the section by changing the maximum period to 7.5 hours.

Debate adjourned on motion of Hon. J.S.L. Dawkins.