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State Penalties Enforcement Act 1999 –  1 December 2014

State Penalties Enforcement Regulation 2014 – 9 December 2016

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A State Penalties Enforcement Registry (SPER) is established. The SPER has the functions set out in section 8 of the Act. One function is collecting amounts payable to SPER. It is important to note that the functions of the SPER must be performed in accordance with the SPER charter set out in section 9 of the Act.

  • Sections 7, 8, 9

The registrar of SPER may make or issue an enforcement order, fine collection notice or warrant under this Act (for unpaid amounts). Note: This action cannot be taken against children pursuant to section 5 of the Act. The action that can be taken in response to an enforcement order is set out in section 41 of the Act. If an enforcement warrant is issued, real and personal property may be seized or charges imposed on specified property. If a fine collection notice is issued, earnings and debts can be redirected. For the definition of ‘earnings’, refer to the Schedule 2 of the Act. It is important to note that failure to act may lead to driver licence suspension pursuant to sections 104 and 105 of the Act. It may also lead to vehicle immobilisation where the criteria set out in section 108A of the Act is satisfied.

  • Sections 3, 5, 11, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 52A, 55, 56, 57, 60, 61, 63, 75, 77, 78, 79, 85, 92, 97, 100, 101, 103, 104, 105, 106, 107, 108, 108A, 108B, 108C, 108F, 108W, 109, 110, 111, 112, 113, 115, 118, 119, 120, 121, 122, 126, 127, 137, 145, 147, Schedule 2; Regulations 17, 21, 22

If an authorised person reasonably believes a person has committed an infringement notice offence, the authorised person may serve an infringement notice on the person for the offence. For the definition of ‘infringement notice offence’, refer to the Schedule 2 dictionary and regulations 4 and 7 of the State Penalties Enforcement Regulation 2014. For the associated schedule of offences and penalty units, refer to Schedule 1 of the before-mentioned Regulation. If the infringement notice offence involves a vehicle, the infringement notice may be served under section 14 of the Act. Pursuant to section 14, an infringement notice may be served by securely placing or attaching the notice, addressed to the owner, without further description, on or to the vehicle in a conspicuous position. The infringement notice must state the fine for the offence and how and where the fine may be paid, and that the alleged offender must, within 28 days after the date of the notice: (i) pay the fine in full to the administering authority; or (ii) make to the administering authority an election to have the matter of the offence decided in a Magistrates Court; or (iii) if relevant, give to the administering authority an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence. For the definitions of ‘illegal user declaration’, ‘known user declaration’, ‘sold vehicle declaration’ and ‘unknown user declaration’, refer to Schedule 2 of the Act. Note: Pursuant to subsection 115(4) of the Act, payment of an amount for the offence is not an admission for any civil or criminal proceeding arising out of the event for which the infringement notice was issued.

  • Sections 3, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27, 33, 35, 38, 115, 135, Schedule 2; Regulations 4, 7, 18, 19A, 26, Schedule 1
Reason for law

To maintain the integrity of fines as a viable sentencing or punitive option for offenders. (Section 4)

Relevant links

Fine enforcement [Queensland Government]
How to transfer or dispute a (traffic) fine

State Penalties Enforcement Registry (SPER)
Forms and publications
Employers – fine collection notices

Traffic Manual [Queensland Police]

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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