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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-07-23 Daily Xml
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STATUTES AMENDMENT (FINES ENFORCEMENT AND RECOVERY) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

No. 1. Clause 11, page 11, after line 20—After inserted section 65 insert:

65A—Annual report

(1) The Chief Executive of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act must, not later than 31 October in each year, submit to the Minister a report on the work of the Fines Enforcement and Recovery Officer for the financial year ending on the preceding 30 June.

(2) The report must include information prescribed by the regulations or required by the Minister.

(3) The Minister must, as soon as practicable after receipt of a report submitted under this section, cause a copy of the report to be laid before each House of Parliament.

No. 2. Clause 26, page 40, line 15 [clause 26, inserted section 14(1)]—Delete 'apply to the Court for a review of the determination ' and substitute 'appeal to the Court'

No. 3. Clause 26, page 40, line 18 [clause 26, inserted section 14(2)]—Delete 'application' and substitute 'appeal'

No. 4. Clause 26, page 40, lines 20 and 21 [clause 26, inserted section 14(3)]—Delete 'application can only be made under this section on the ground that the alleged offender did not commit the offence' and substitute:

appeal can only be made on the ground that the expiation notice to which the determination relates should not have been given to the alleged offender in the first instance because the alleged offender did not commit an offence

No. 5. Clause 26, page 40, lines 23 to 30 [clause 26, inserted section 14(4) and (5)]—Delete subclauses (4) and (5) and substitute:

(4) The issuing authority is a party to an appeal under this section.

(5) On an appeal under this section, the Court may—

(a) confirm the enforcement determination relating to the expiation notice; or

(b) vary or revoke the enforcement determination relating to the expiation notice,

and the Court may make any consequential or ancillary order that the Court considers necessary or expedient.

No. 6. Clause 26, page 40, lines 37 and 38 [clause 26, inserted section 14(7)]—Delete 'a review of an enforcement determination is not subject to' and substitute:

an appeal under this section is not subject to further

No. 7. Clause 35, page 46, lines 29 and 30 [clause 35, inserted paragraph (ba)]—Delete 'applications for review of enforcement determinations' and substitute 'appeals'

No. 8. Clause 36, page 46, line 34 [clause 36(2)]—Delete subclause (2) and substitute:

(2) Section 9A(1)(c)—delete 'a review under section 10 or 14' and substitute:

appeals under section 14

The Hon. J.R. RAU: I move:

That the schedule of amendments made by the Legislative Council to the Statutes Amendment (Fines Enforcement and Recovery) Bill 2013 be agreed to.

Motion carried.


[Sitting suspended from 17:56 to 19:30]


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