MIKIPEDIA LAW BLOG: July 2013

Tuesday, July 30, 2013

OFFICIAL AUSTRALIAN GOVERNOR-GENERAL QUENTIN BRYCE'S EMAIL REGARDING THE FORMAL STATUS OF JAMES SCOT FRANCIS, SELF-PROCLAIMED AUSTRALIAN KING

Dear Ms ***********

I refer to your email to the Governor-General. Her Excellency has asked me to reply to you on her behalf.

There is no Constitutionally recognised entity known as King James II, King of Australia.

I hope this information is useful.

Yours sincerely

Karen Baker
Acting Deputy Official Secretary to the Governor-General

-----Original Message-----
From: webservices@pmc.gov.au [mailto:webservices@pmc.gov.au]
Sent: Friday, 24 May 2013 4:23 PM
To: Office of the Official Secretary to the Governor-General
Subject: Enquiry about King James II, King of Australia [SEC=Unclassified]

The recipient of this email does opine that "Tho' in defence, she dose say 'no constitutional recognition' ????"
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HALSBURY’S LAWS OF AUSTRALIA: (130-13460)

HALSBURY’S LAWS OF AUSTRALIA: (130-13460): Consent to summary jurisdiction.

“The consent to be tried summarily must be clear and unequivocal and a failure to carry out the procedure for obtaining the consent will deprive the Court of Jurisdiction to determine the matters summarily”.
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Sunday, July 28, 2013

THE BIRTH OF A POLICE STATE: UK POLICE TO BE GRANTED SWEEPING NEW POWERS

The UK Government is about to pass legislation which will make any behaviour perceived to potentially ‘cause nuisance or annoyance’ a criminal offence. The Anti-Social Behaviour, Crime and Policing Bill also grants local authorities, police and even private security firms sweeping powers to bar citizens from assembling lawfully in public spaces. Those who refuse orders under the new rules will face arrest, fines and even prison time.

The Ever Increasing Powers

Since the Crime and Disorder Act 1998, which introduced Anti-Social Behaviour Orders (ASBOs) the government has invented and legislated for a litany of such orders covering everything from dog poo to drug addiction, including but not limited to: Control Orders; Terrorism Prevention and Investigation Measures Orders; Intervention Orders; Crack House Closure Orders; Premise Closure Orders; Brothel Closure Orders; Gang Related Violence Injunctions; Designated Public Place Orders; Special Interim Management Orders; Gating Orders; Dog Control Orders; Letter Clearing Notices; Noise Abatement Orders; Graffiti/Defacement Removal Notices; Directions to Leave and Dispersal Orders.
The Anti-Social Behaviour, Crime and Policing Bill, which passed the committee stage of its progress through the House of Commons on Monday 15^th July, purports to simplify this legacy of New Labour’s legislative promiscuity. In reality, it creates a series of wildly ambiguous, generic orders which grant officers of the state and private sector even greater powers to issue tougher sentences, with fewer checks and balances to protect citizens.

Being Annoying is now Illegal

The Bill introduces Injunctions to Prevent Nuisance and Annoyance (IPNAS) to replace ABSO’S. Almost no one will be sad to say goodbye to ASBO’s. The orders, designed to allow police to tackle anti-social behaviour, simply became a means of criminalising youthful indiscretion – and eventually a means of criminalising anything people found annoying. Some of the bizarre abuses of this power include:

Stuart Hunt of Loch Ness brought to court 100 times since 2007 for breaching an ASBO preventing him from laughing, staring or slow hand clapping.
Homeless, alcoholic and mentally ill Michael Gilligan given a 99 year ASBO rather than the welfare support that might have made a difference
A profoundly deaf 17 year old girl given an ASBO and a jail sentence for spitting in the street
A 13 year old banned from using the word ‘grass’ in England or Wales
Manchester Council applied an ASBO to prevent a mobile soup kitchen from feeding the homeless
Councils placing ASBOs on homeless people resulting in prison sentences for begging ‘earnestly and humbly’
An 87 year old man was given an ASBO threatening a prison sentence if he was sarcastic to his neighbours.

The ASBO has allowed the line between criminal behaviour and annoying behaviour to become hopelessly blurred – and the IPNAs will only serve to increase the problem. We have seen the abuses permitted under ASBO legislation, the test for which included wording to the effect that ASBOs could only be issued where an actual act of ‘harassment, alarm or distress’ had occurred. IPNAs have a much weaker test, applicable where on the ‘balance of probabilities’ a person has or might engage in behaviour ‘capable of causing annoyance’ to another person. How many times a day could this legislation apply to any of us? Eating with our mouths open, talking too loudly into our phones in a public space, walking too slowly or quickly or belching without saying ‘pardon me’. All of this may very well cause annoyance – but soon it might well also be illegal.
The orders can be issued to anyone aged 10 or over (and we all know how well 10 year olds are at being annoying), and there is no limit on how long an IPNA can be applied to a person for. A person could receive an IPNA aged 10 and retain it their entire life.
Whereas an ASBO could only desist the subject from certain actions, the IPNA includes ‘positive obligations’ (p10). This means the subject of an IPNA can be found in breach not simply for doing things they have been banned from doing, but from not doing things that the IPNA states they must. This makes an IPNA much closer to probation and other post-conviction arrangements than a civil order.
An IPNA can be applied for by Local Authorities, police, some transport bodies and some NHS authorities.
The consequences of breaching an IPNA are serious. The breaching of an IPNA has been added to the conditions for securing possession of a home – meaning a 10 year old child breaching their IPNA could result in the entire family being evicted from their council house. Breaching the orders can also result in jail time for anyone over 14.
Even the Association of Chief Police Officers (ACPO), giving evidence on the proposals, argued that this could lead to further criminalisation of children and called on the government to think again.
But the plans move along unaltered.

Kiss Goodbye to Freedom of Assembly

Public Spaces Protection Orders (PSPOs), and new Dispersal Orders will replace Designated Public Space Orders, Dog Control Orders, Gating Orders and a host of other orders intended to keep aggressive drunken people, or drug dealers or dog poo off of our streets. But it is plain that the target for these laws is no longer the person peddling illegal drugs, but the people sharing politically challenging ideas.
These new powers present the most significant threat to lawful assembly and protest in modern history.
Public Space Protection Orders
PSPOs will be granted where ‘activities carried on or likely to be carried on in a public place will have or have had a detrimental effect on the quality of life of those in the locality’ (p21). They can be used to restrict an activity or require people to perform an activity in a certain way. They require substantially less consultation than current alcohol free zones or dog control zones and rather than applying to everyone, they can be applied to specific groups of people (the homeless, the unemployed, racial/religious groups etc.) – opening the door for discrimination. These rules could see homeless people or young people lawfully excluded from public spaces.
PSPOs are subject to ‘on the spot’ fines, rather than attendance at a Magistrates Court, reducing the scrutiny and checks on police power.
These orders are also by no means short term. They can be applied for up to three years, and continued for another three years at the end of their term.
The orders have been heavily challenged by Liberty and The Manifesto Club on the basis that they will seriously infringe upon people’s freedom to assemble, associate and protest. The Ramblers (the walking charity) have also given written evidence to the government raising their fears about the further appropriation of public highways, by ways and footpaths under the PSPO powers.
Dispersal Orders
Under the current Direction to Leave powers, anyone over 10 years of age can be asked to disperse from a ‘locality’ and stay dispersed for a period not exceeding 48 hours. Current Dispersal Orders mean a Police Superintendent (or an officer with specific written authority from the SI) can disperse groups of two or more people in areas where there has been ‘persistent anti-social behaviour’ or take home any young person under the age of 16 who is in a dispersal zone between 9pm and 6am. Anyone failing to comply with a Dispersal Order faces a fine of up to £2,500 or up to three months in prison.
Downing Street clearly do not feel this is tough enough.
The new Dispersal Powers mean police constables and even Police Community Support Officers (PCSOs) can issue dispersal orders if they think a group of two or more persons mightharass, alarm or distress others in the vicinity (p16). The PCSO or constable can specify how long the person/group must remain out of the designated area, and by which route they must leave, and also confiscate any items of their property which they deem anti-social. Failure to comply with any element of these orders results in a fine of up to £5,000 or three months in prison. The new legislation also fails to define ‘locality’ – meaning a person could be excluded from a city, a county or even a whole country (p17). In fact, York couldn’t even wait for the new legislation to pass and is already implementing the powers.
These new laws effectively end freedom of assembly in England and Wales, as any lawful assembly can be instantly redefined as illegal on the spot by some part time PCSO, people’s personal possessions can be confiscated, and anyone who dares to challenge the process will end up in jail.

What will it Take?

One could be forgiven for despairingly enquiring ‘what will it take for the slumbering British public to awake to the fact that the legal and physical infrastructure of a police state is being built around them?’
Many believe they have rights to protest, assemble and associate that they lost a decade ago, simply because they have never actually attempted to claim them. They remain imaginary rights, never cashed in. As someone who has found themselves arrested, locked up and later cleared by a court twice in recent years for peaceful protest (see 1st and 2nd arrests) – I discovered for myself how much things had changed while I wasn’t looking. So without getting everyone to attend a protest and get arrested, we rely on communicating the changes to those who might not experience them directly.
But while the BBC, our main broadcaster, has devoted its resources to stick a correspondent up the arse of anyone with the faintest connection to the Royal Baby – no such resources have been devoted to informing on the curtailing of our most basic freedoms. Defenders of the BBC may argue they are there to cover the news, not make it – this is an outright lie.
The Media create stories as well as cover them, many people glean what is important from how much it is being talked about on the news and in the papers. Imagine if journalists were door-stepping David Cameron, human rights campaigners and police authorities all day every day asking what on earth was going to happen with our human rights? If 19 pages of today’s Sun (news)paper wasn’t talking about the Royal Baby but our eroded civil liberties? Things would look very, very different.
In the meantime, it’s up to all of us with an interest to shout it from the roof tops. We have a hell of a fight on our hands here, and most folks still don’t even know it.
SIGN THE PETITION TO OPPOSE THIS PIECE OF LEGISLATION BEFORE IT’S TOO LATE
http://scriptonitedaily.wordpress.com/2013/07/24/the-birth-of-a-police-state-uk-police-to-be-granted-sweeping-new-powers/
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UNITED NATIONS AND THE RULE OF LAW

Promoting the rule of law at the national and international levels is at the heart of the United Nations’ mission. Establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development. The principle that everyone – from the individual right up to the State itself – is accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, is a fundamental concept which drives much of the United Nations work.
The principle of the rule of law embedded in the Charter of the United Nations encompasses elements relevant to the conduct of State to State relations. The main United Nations organs, including the General Assembly and the Security Council, have essential roles in this regard, which are derived from and require action in accordance with the provisions of the Charter.

"For the United Nations, the rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."

(S/2004/616)
Report of the Secretary-General on the
Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies

The General Assembly has considered rule of law as an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions. (A/RES/61/39, A/RES/62/70, A/RES/63/128). The Security Council has held a number of thematic debates on the rule of law (S/PRST/2003/15, S/PRST/2004/2, S/PRST/2004/32, S/PRST/2005/30, S/PRST/2006/28) and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security (SC res 1325, SC res. 1820), children in armed conflict (e.g., SC res 1612), the protection of civilians in armed conflict (e.g., SC res 1674). The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda.
The Organization includes judicial mechanisms, such as the International Court of Justice, the principal judicial organ of the United Nations, and the ad hoc criminal tribunals and hybrid tribunals.

UN activities

UN rule of law activities support the development, promotion and implementation of international norms and standards in most fields of international law.
The United Nations works to support a rule of law framework at the national level: a Constitution or its equivalent, as the highest law of the land; clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account.
Over 40 UN entities are engaged in rule of law issues and the Organization is conducting rule of law operations and programming in over 110 countries in all regions of the globe, with the largest presence in Africa. Many UN entities carry out activities in the same countries. Five or more entities are currently working simultaneously on the rule of law in at least 24 countries, the majority of which are in conflict and post-conflict situations.

Efforts to Coordinate UN Rule of Law Activities

UN Deputy Secretary-General Jan Eliasson

Responsibility for the overall coordination of rule of law work rests with the Rule of Law Coordination and Resource Group, chaired by the Deputy Secretary-General and supported by the Rule of Law Unit.
The membership of the Group consists of the Department of Political Affairs (DPA), the Department of Peacekeeping Operations (DPKO), Office of the High Commissioner for Human Rights (OHCHR), the Office of Legal Affairs (OLA), United Nations Development Programme (UNDP), The United Nations Children's Fund (UNICEF), The Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Development Fund for Women (UNIFEM) and the United Nations Office on Drugs and Crime (UNODC).
The Group has developed broad policy guidance to avoid duplication and maximize synergies, and is taking a new strategic and results-based approach to United Nations rule of law work. The Group has agreed a Joint Strategic Plan for 2009-2011 and has to date developed the following Guidance Notes of the Secretary General: UN Approach to Rule of Law Assistance, UN Approach to Justice for Children, and The United Nations and Constitution-making.
The Rule of Law Coordination and Resource Group, supported by the Rule of Law Unit, is tasked with acting as a repository for the Organization’s rule of law materials and best practices, and establishing and managing web resources. In fulfilling this mandate, the Group has developed the United Nations Rule of Law Website and Document Repository.

Contact information

Please find below some key documents on the UN and the rule of law

http://www.un.org/en/ruleoflaw/

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CHARTER OF THE COMMONWEALTH DOCUMENT

KIRI CAMPBELL OF HAWERA NEW ZEALAND UNLAWFULLY ARRESTED AND DETAINED AFTER EXPOSING MASSIVE BANKING FRAUD

Sun, 07/28/2013 - 19:55 — smashdracs

Kiri Campbell of Hawera NZ has been detained by the NZ Police and NZ Courts for exercising her rights. She is the only Maori Woman in the world to make a stand against the alleged foreclosed banks and corporations by using THEIR OWN FRAUDULENT INSTRUMENTS to bring the system to its knees for ‘The One People’ of Aotearoa and the World.
She used the Mary Croft information to deposit 15,000,000.00 of her own value into a bank account as a way to reveal the fraud of the current banking and monetary system.
SEE HERE: http://www.scribd.com/doc/155436973/HOW-I-CLOBBERED-EVERY-BUREAUCRATIC-C...
Others have used closed bank accounts to dissolve 'debt' and 'pay' off 'debt' but this is the first time a deposit using UCC filing has been done in this way. A summary of the process used by Kiri to do this has been posted at this website here: http://briankellysblog.blogspot.com.au/2013/07/kiris-deposits-15000000-o...
SEE ALSO: http://www.scribd.com/doc/154780181/Kiri-from-New-Zealand-Deposited-15-M... .
After successfully drawing down the value from The Taranaki Savings Bank into her own account Kiri was charged with Fraud and Attempting to Obtain Pecuniary Advantage. During her incarceration she was coerced into signing release forms of some type which she did under duress and stated as much on the form itself. Kiri was also telling the public servants she encountered that her consent was NOT given for the proceedings at every stage of her interaction.
The “authorities” are claiming fraud and dishonestly, yet Kiri made Notice of her intent at every stage. The courts will, during discovery, be forced to put all of that public evidence into the hearing which is going to detail all of the foreclosure flyer information and more importantly their violation of the 3 day right to rescind on contracts; provided under Contract Law and the UCC. The bank violated this right when they froze her accounts within 24 hours of the transaction being made.
the basis for charging Kiri with fraud is because she was using an instrument of fraud: a check from a closed bank account. Yet our signatures on Negotiable Instruments are "monetized" all the time; The Deceptive Acts and Practices of the System are revealed by these actions.
To deny this Declaration Of Value by Kiri is to deny every loan made for the past 50 years and more. This is a very big mistake, and as always the universe provides players to play their part. In this case the former TSB Bank had offered their hand.
This is a call to help get her released from Custody and the Hawera Court this coming Tuesday. We are asking ‘The One People’ across the world to support with Courtesy Notices, Invoices, Prayer and BE PRESENT in the courthouse if you can on TUESDAY 30th JULY 2013 9am @ HAWERA COURT HOUSE New Zealand.
SEE ALSO: http://briankellysblog.blogspot.com.au/2013/07/kiris-big-stand-in-court-...
AND: http://www.blogcreation.us/kiri-campbell-case-july-23-2013/#chitika_clos...
KIRI NEEDS YOUR HELP!
1. If you believe that you can help KIRI CAMPBELL on this day, we need to load the courthouse with supporters of OPPT delivering Foreclosure Flyers, or
2. Send COURTESY NOTICES to recipients listed on http://briankellysblog.blogspot.com.au/
3. Those that have sent courtesy notices to back them with invoices or
4. Be present at the Hawera Court House on Tuesday 9am or
5. Pray at 9am Tuesday (New Zealand time) for Kiri if you can’t be physically present or
6. Make this viral across the internet.
MORE WAYS TO HELP: http://followingworldchange.wordpress.com/2013/07/28/kiri-campbell-calli...
Facebook: The One People (OPPT) Aotearoa-New Zealand https://www.facebook.com/groups/144235099093079/
Facebook: Exodus - Movement of da people Project XIII
https://www.facebook.com/groups/193403934150587/
Facebook: OPPT Australia
https://www.facebook.com/groups/OPPTAUS/
Facebook: The One People Australia
https://www.facebook.com/groups/TopAustralia/
Facebook: Claim your sovereign right Australia/Aotearoa
https://www.facebook.com/groups/374912859279939/
Facebook : NZ Freeman Forum
https://www.facebook.com/groups/nzfreeman/
More documents provided by Kiri are available to view at this link: http://briankellysblog.blogspot.com.au/2013/07/the-one-people-interview-...
You can listen to an interview with Kiri from the 19th of July 2013 below.
http://www.openureyes.org.nz/blog/?q=node%2F4650&fb_action_ids=1394374777452354&fb_action_types=og.likes&fb_ref=.UfWHvCebhcl.like&fb_source=timeline_og&action_object_map={%221394374777452354%22%3A219168698240898}&action_type_map={%221394374777452354%22%3A%22og.likes%22}&action_ref_map={%221394374777452354%22%3A%22.UfWHvCebhcl.like%22}#.UfXWnr5-_IX

CHARTER OF THE COMMONWEALTH (FROM THE COMMONWEALTH)

Secretary-General Kamalesh Sharma and Commonwealth Chair-in-Office Prime Minister Julia Gillard of Australia announced on 19 December 2012 the adoption of an historic Charter for the Commonwealth, as part of a wide-ranging package of reforms to the 54-member association.
The Charter brings together the values and aspirations which unite the Commonwealth - democracy, human rights and the rule of law - in a single, accessible document.
The Charter expresses the commitment of member states to the development of free and democratic societies and the promotion of peace and prosperity to improve the lives of all peoples of the Commonwealth. The Charter also acknowledges the role of civil society in supporting the goals and values of the Commonwealth.
Heads of government endorsed the charter after broad consultations among member governments, civil society and the public.
Mr Sharma introduced the Charter as a defining document for an inclusive and accountable Commonwealth. “We are now better placed to respond to the needs of our citizens,” he said.
Prime Minister Gillard said the Charter would belong as much to the people of the Commonwealth as it did to member governments.
The Charter was a key recommendation of the Commonwealth Eminent Persons Group (EPG) in their 2011 report ‘A Commonwealth of the People: Time for Urgent Reform’.

http://www.thecommonwealth.org/document/181889/34293/35468/252053/charter.htm

CHARTER OF THE COMMONWEALTH (FROM THE AUSTRALIAN HIGH COMMISSION)

On 20 March Prime Minister Julia Gillard tabled the Charter of the Commonwealth in Australian Parliament and made the following remarks: "I have the Commonwealth charter to table today. Today's Commonwealth is diverse and it is multifaceted. It brings together two billion people living in 54 countries, spanning all continents and major religions. From its inception the Commonwealth has been underpinned and sustained by the aspirations of its people for democratic governance, tolerance of diversity and respect for human rights. Now, for the first time in its history, the Commonwealth has a document which reflects the Commonwealth spirit—a single statement signed by Her Majesty the Queen setting out Commonwealth core values.
"This charter was a recommendation of the Eminent Persons Group, whose report was presented to Commonwealth heads of government in Perth in 2011. I would like to take this opportunity to thank Australia's representative on that Eminent Persons Group, Mr Michael Kirby, for his personal commitment to securing support for this charter. I would like to thank the foreign minister, Senator Carr, and the former foreign minister Kevin Rudd for their work in seeing the charter through to its drafting and adoption.
"The challenge now for all Commonwealth members is to promote and uphold the values set out in this charter. The future strength and unity of the Commonwealth depends on this.
"As I table this charter today we also pay tribute to the distinguished service of Queen Elizabeth as Head of the Commonwealth over these many decades. The institution of the Head of the Commonwealth, standing as it does above individual governments, has been an asset of the Commonwealth since its foundation, and we need not be reticent about its future. For Australia's part, I am sure the Queen's successor as monarch will one day serve as Head of the Commonwealth with the same distinction as Her Majesty has done.
"Speaker, today I present the Charter of the Commonwealth—an important achievement of Australia's term as Commonwealth chair in office—which has now been brought to fruition."
http://www.canada.embassy.gov.au/otwa/charter.html

COMMONWEALTH CHARTER BILLED AS AUSSIE WIN

AAP December 20, 2012

Commonwealth nations adopted a charter as part of a reform push introduced at the 2011 CHOGM summit.

COMMONWEALTH countries have adopted a new charter in what is being billed as a foreign policy win for Australia.
Acting Prime Minister Wayne Swan says the move represents a key achievement for Australia's term as Commonwealth chair, which ended last month.
The charter was a key recommendation of a group of eminent people, including former Australian High Court judge Michael Kirby, who called for urgent reform of the 54-nation body to keep it relevant.
Leaders agreed to adopt the charter at the Commonwealth Heads of Government (CHOGM) meeting Prime Minister Julia Gillard hosted in Perth last October.
The charter aims to enshrine the values of the Commonwealth, which is mostly made up of former British colonies, into a single document.
The charter emphasises democracy, human rights and the rule of law.
It also seeks to promote tolerance, freedom of expression, the separation of powers, gender equality and environmental sustainability.
Commonwealth Secretary-General Kamalesh Sharma said the charter would be a defining document for the group.
"We are now better placed to respond to the needs of our citizens," he said in a statement on Thursday.
Commonwealth countries have a combined population of more than two billion.
Fiji was suspended from the Commonwealth in 2006 after Commodore Frank Bainimarama seized power in a coup. It remains suspended pending promised 2014 elections.

ANTI-PROTEST LAW PASSES NEARLY UNANIMOUSLY AND IS SIGNED BY THE PRESIDENT

Lee Camp Posted:03/14/2012

So I have some great news folks! The Republicans and the Democrats in Congress and the White House FINALLY came together and agreed on something. This is HUGE. These guys disagree on EVERYTHING! Getting them to see eye-to-eye is like getting the Jews and the Palestinians to do a trust fall together. Or getting Eskimos and polar bears to play Jenga.
I'm referring to the bill H.R. 347 that was signed by President Obama the other day, passed unanimously in the Senate, and 388-3 in the House. That's nearly EVERY SINGLE lawmaker. The last time they agreed that closely on something, it was a bill raising monthly Congressional pay to include a box of Ding Dongs, two erotic cakes featuring Bonanza star Pernell Roberts, and a gentle yet inquisitive prostate exam every Tuesday.
What did this magical universally-loved bill say? Well some are calling it the anti-Occupy law and it allows the government to bring charges against Americans involved in many kinds of political protest at any location the secret service, quote, "is or will be temporarily visiting." So basically if the government wants to shut down a protest, they just send a secret service officer down there to scratch his balls, and then they can start putting people in jail for a year or more.
This is all lovely except for that bitchy bothersome document, the Constitution. I believe somewhere in the back it says, "Congress shall make no law . . . abridging the freedom of speech . . . or the right of the people peaceably to assemble." Aw shit! That musta sucked when Congress found that out! To get that close to passing it and then shot down? It musta been like getting hired to rub baby oil on the contestants of Miss Universe before the bathing suit portion of the competition and then losing your hands in a freak exploding cell phone accident! So when Congress heard about that first amendment they musta been like, "God damnit! That really f**ks up all our plans. That f**king line in the Constitution says not to do EXACTLY what we just did." That's what they must've said, right? ... They didn't just pass it anyway ... Right?
But the bill doesn't stop there. I mean, when you have the entirety of Congress with the exception of Ron Paul agreeing on something, why not swing for the fences? The bill also says it could be a federal crime to protest near an event of, quote, "national significance." Well, that's not vague at all. So you could be convicted of a federal crime and locked away for a year or more for the following things:
1) Marching outside the Democratic or Republican National Conventions
2) Yelling "C**k-face corporate whore" outside a barber shop where Mitt Romney is getting his ear hair trimmed.
3) Marching in front of the entrance of the New York Stock Exchange
4) Sprinkling magic homosexual glitter on Rick Santorum, or even anyone near Rick Santorum, or even just making fun of his stupid sweater vest!
5) Going to the gates of the White House and demanding the President read the Constitution. ...You know, if he gets a chance.
Well, Congress gets to stomp on the Bill of Rights, I want to do it too. I want to bring back cruel and unusual punishment, and then we could demand that every man or woman who voted for the Anti-Protest Law or signed it from the Oval Office be tied up in the town square naked for a week while everyone gets to throw fire ants and bumble bees at their naughty parts. Deal??
http://www.huffingtonpost.com/lee-camp/anti-occupy-law-passes-nea_b_1343728.html

Thursday, July 25, 2013

COURT WIN NOOSA MAGISTRATES COURT

Published on 26 Jun 2013 Bazzarito
"Magistrate abandoning the court after being called to show her"Wtit of commission" and her Bonding agreement. On abandonment the defendant becomes the highest authority in the court and dismisses the case. Any further interaction from court officers is met with "No consent""

FURY AS JUDGE FREES PAEDOPHILE TEACHER AND TELLS HIM 'STAFF ARE OFTEN ATTRACTED TO CHILDREN'

By Chris Greenwood UPDATED: 30 July 2011
A judge has let a paedophile teacher walk free after telling him she did not criticise him for being attracted to children.
Supply teacher David Armstrong had admitted hoarding more than 4,500 indecent images of children.
But handing the 63-year-old pervert a suspended sentence, Judge Mary Jane Mowat said: ‘I don’t criticise you for being a teacher who’s attracted to children.

'Outrageous': Judge Mary Jane Mowat, left, told pervert supply teacher David Armstrong, right, she did not criticise him for being attracted to youngsters

‘Many teachers are but they keep their urges under control both when it comes to children and when it comes to images of children.’
Her extraordinary comments – recorded by a local newspaper reporter – provoked fury from campaigners who labelled them ‘outrageous’.
Senior teaching representatives expressed disbelief at the remarks and said they sent the wrong message to child sex offenders.
Peter Bradley, of the children’s charity Kidscape, said schools exist to provide a safe place for children to learn.
‘This teacher should not have been in the profession and it is outrageous for the judge to say many teachers are sexually attracted to children,’ he said. ‘The message needs to be clear – if you are sexually attracted to children then you don’t work with them.’

'Unacceptable': Christine Blower of the National Union of Teachers slammed the judge's comments

Christine Blower, of the National Union of Teachers, said: ‘Teachers are professionals whose interest is ensuring children and young people achieve their educational potential.
‘To suggest their interest in pupils could understandably be anything else is totally unacceptable.’
Armstrong was caught after a colleague reported him at the Little Heath School in Tilehurst, near Reading.
A teaching assistant noticed files on his laptop computer had names such as ‘rape wife’, ‘nude model’ and ‘gay alligator’.
Armstrong was arrested and police found the appalling catalogue of indecent images and videos on two laptops and an external hard drive.
Reading Crown Court heard more than 300 were in the two most serious categories and involved victims as young as two.
Some of the images were not of real children but Japanese cartoons depicting youngsters in sexual scenes.
Armstrong’s solicitor said he had worked at many schools and had an ‘impeccable record’.
The supply teacher, of Devizes, Wiltshire, was given 12-month jail sentences, suspended for two years, for each of five charges of making indecent photographs of children.
He was put on the Sex Offenders’ Register for ten years, with a Sexual Prevention Order which bans him from owning a computer or device capable of connecting to the internet.
He was also automatically banned from working with children.
The case is not the first time Judge Mowat has stirred controversy over sentences handed to sexual offenders.
In 2008, she allowed a former headmaster to walk free from court after he said drugs he was taking for Parkinson’s disease made him a paedophile.
Phillip Carmichael said the medication caused him to become ‘hypersexually active’ after he was caught with 8,000 images and videos on his computer.
The judge said the case was ‘wholly exceptional’ and gave him an absolute discharge.
Two years earlier, after paedophile Robert Prout was convicted of abusing a 12-year-old girl, the judge admitted she would normally give a suspended sentence but recent public criticism influenced her decision to jail him for ten months.
http://www.dailymail.co.uk/news/article-2020417/Judge-Mary-Jane-Mowat-frees-paedophile-teacher-David-Armstrong.html

Wednesday, July 24, 2013

STATUTES AMENDMENT (FINES ENFORCEMENT AND RECOVERY) BILL 2013

South Australia

Statutes Amendment (Fines Enforcement and Recovery) Bill 2013

A BILL FOR

An Act to amend the Correctional Services Act 1982; the Courts Administration Act 1993; the Criminal Law (Sentencing) Act 1988; the Cross-border Justice Act 2009; the Expiation of Offences Act 1996; the Fisheries Management Act 2007; the Magistrates Court Act 1991; the Motor Vehicles Act 1959; the Summary Procedure Act 1921; the Victims of Crime Act 2001; and the Young Offenders Act 1993.

Contents

Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions

Part 2—Amendment of Correctional Services Act 1982
4Amendment of section 74AA—Board may impose community service for breach of conditions

Part 3—Amendment of Courts Administration Act 1993
5Amendment of section 21A—Non-judicial court staff

Part 4—Amendment of Criminal Law (Sentencing) Act 1988
6Amendment of section 3—Interpretation
7Amendment of section 13—Order for payment of pecuniary sum not to be made in certain circumstances
8Amendment of section 47—Special provisions relating to community service
9Amendment of section 56A—Appointment of authorised officers
10Insertion of section 56B
56BPreliminary
11Substitution of Part 9 Division 3

Division 3—Enforcement of pecuniary sums

Subdivision 1—Preliminary
60Interpretation
61Amounts due under expiation notices may be treated as part of pecuniary sum
62Enforcement against youths
63Service of notices etc

Subdivision 2—Fines Enforcement and Recovery Officer
64Fines Enforcement and Recovery Officer
65Delegation

Subdivision 3—Payment of pecuniary sums
66Pecuniary sum is payable within 28 days
67Payment of pecuniary sum to Fines Enforcement and Recovery Officer
68Payment by credit card etc
69Amounts unpaid or unrecovered for more than certain period
70Arrangements as to manner and time of payment
70AMinister may declare amnesty from payment of costs, fees and charges
70BInvestigation of debtor's financial position
70CPower to require information
70DDisclosure of information to prescribed interstate authority
70EPower to require identification
70FPublication of names of debtors who cannot be found
70GCharge on land
70HReminder notice
70IEnforcement actions

Subdivision 4—Powers relating to enforcement action
70JAggregation of pecuniary sums for the purposes of enforcement
70KSeizure and sale of assets
70LGarnishment
70MSuspension of driver's licence
70NRestriction on transacting business with Registrar of Motor Vehicles
70OClamping or impounding of vehicle
70PPower to dispose of uncollected seized vehicles
70QPublication of names of debtors subject to enforcement action
70RCosts
70SLiability
70TFines Enforcement and Recovery Officer may be assisted by others

Subdivision 5—Failure of enforcement process
70UCommunity service orders
12Amendment of section 71—Community service orders may be enforced by imprisonment
13Amendment of section 72—Identification of authorised officers
14Amendment of section 72A—Hindering authorised officer or assistant
15Amendment of section 75—Regulations
16Transitional provisions

Part 5—Amendment of Cross-border Justice Act 2009
17Amendment of section 120—Terms used in this Part

Part 6—Amendment of Expiation of Offences Act 1996
18Amendment of section 4—Interpretation
19Amendment of section 6—Expiation notices
20Amendment of section 7—Payment by card
21Amendment of section 8—Alleged offender may elect to be prosecuted etc
22Amendment of section 8A—Review of notices on ground that offence is trifling
23Substitution of sections 9 and 10
9Arrangements as to manner and time of payment
24Amendment of section 11—Expiation reminder notices
25Amendment of section 11A—Expiation enforcement warning notices
26Substitution of sections 12 to 14
12Late payment
13Enforcement determinations
14Review of enforcement determinations by Court
14AEnforcement actions by Fines Enforcement and Recovery Officer
14BAmounts unpaid or unrecovered for more than certain period
27Amendment of section 15—Effect of expiation
28Amendment of section 16—Withdrawal of expiation notices
29Amendment of section 17—Application of payments
30Substitution of sections 18, 18A and 18B
18Provision of information
18AMinister may declare amnesty from payment of costs, fees and charges
18BInvestigation of alleged offender's financial position
18CPower to require information
18DDisclosure of information to prescribed interstate authority
18EPower to require identification
31Amendment of section 20—Regulations
32Transitional provisions

Part 7—Amendment of Fisheries Management Act 2007
33Amendment of section 104—Demerit points for certain offences
34Amendment of section 108—Disqualification etc and discounting of demerit points

Part 8—Amendment of Magistrates Court Act 1991
35Amendment of section 7A—Constitution of Court
36Amendment of section 9A—Petty Sessions Division
37Amendment of section 12—Administrative and ancillary staff
38Repeal of section 13A

Part 9—Amendment of Motor Vehicles Act 1959
39Amendment of section 5—Interpretation
40Amendment of section 9—Duty to register
41Amendment of section 85—Procedures for suspension, cancellation or variation of licence or permit
42Amendment of section 93—Notice to be given to Registrar
43Amendment of section 98B—Demerit points for offences in this State
44Amendment of section 102—Duty to insure against third party risks
45Amendment of section 145—Regulations

Part 10—Amendment of Summary Procedure Act 1921
46Amendment of section 189A—Costs payable by defendant in certain criminal proceedings

Part 11—Amendment of Victims of Crime Act 2001
47Amendment of section 28—Right of Attorney-General to recover money paid out from offender etc
48Amendment of section 32—Imposition of levy

Part 12—Amendment of Young Offenders Act 1993
49Amendment of section 49A—Restrictions on performance of community service and other work orders

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Correctional Services Act 1982

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

Section 74AA(4)(d)—delete "8" and substitute:

7.5

Part 3—Amendment of Courts Administration Act 1993

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

Section 21A(1)(ab)—delete paragraph (ab)

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

6—Amendment of section 3—Interpretation

(1) Section 3(1), definition of authorised officer, (b)—delete paragraph (b) and substitute:

(b) the Fines Enforcement and Recovery Officer; or

(2) Section 3(1), definition of authorised officer, (e)—delete "by the Administrator"

(3) Section 3(1)—after the definition of court insert:

debtor means the person by whom a pecuniary sum is payable;

(4) Section 3(1)—after the definition of ERD Court insert:

Fines Enforcement and Recovery Officer means the Fines Enforcement and Recovery Officer under Part 9 Division 3;

(5) Section 3(1), definition of the Manager, Penalty Management or the Manager—delete the definition

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

Section 13(1a) and (2)—delete subsections (1a) and (2) and substitute:

(2) Subject to subsection (3), the court is not obliged to inform itself as to the defendant's means, but it should consider any evidence on the subject that the defendant or the prosecutor has placed before it.

(3) In considering whether the defendant would be able to comply with the order, the court should have regard to—

(a) the fact that the defendant could enter into an arrangement under Part 9 Division 3; and

(b) any information available to the court as to other pecuniary sums that have been paid, or are payable, by the defendant.

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

(1) Section 47(1)(a)—delete "16" and substitute:

15

(2) Section 47(1)(a) and (b)—delete "320" wherever occurring and substitute in each case:

300

(3) Section 47(1)(f)—delete "eight" and substitute:

7.5

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

(1) Section 56A—before subsection (1) insert:

(a1) The Minister may appoint persons (including members of the staff of the State Courts Administration Authority) as authorised officers for the purposes of the enforcement of pecuniary sums under this Act.

(2) Section 56A(2)—delete "subsection (1)" and substitute:

this section

(3) Section 56A(3)—delete "Administrator" and substitute:

Minister or Administrator (as the case requires)

10—Insertion of section 56B

Before section 57 insert:

56B—Preliminary

Unless the contrary intention appears, a reference in this Division to—

(a) a probationer includes a reference to a debtor who has entered into a bond under Part 9 Division 3 Subdivision 5; and

(b) a probative court includes a reference to a court that made an order pursuant to which a debtor entered into a bond under Part 9 Division 3 Subdivision 5.

11—Substitution of Part 9 Division 3

Part 9 Division 3—delete Division 3 and substitute:

Division 3—Enforcement of pecuniary sums

Subdivision 1—Preliminary

60—Interpretation

(1) In this Division—

clamp, in relation to a vehicle, means immobilise the vehicle by means of wheel clamps (and clamped has a corresponding meaning);

clamping or impounding period means the period for which a vehicle is liable to remain clamped or impounded in accordance with a determination under section 70O(1);

Court means—

(a) in relation to a debtor who is a youth—the Youth Court;

(b) in any other case—the Magistrates Court;

drive includes ride;

driver's licence includes a learner's permit;

land means, according to the context—

(a) land as a physical entity, including—

(i) any building or structure on, or improvement to, land (whether affixed to the land or not); or

(ii) land covered by water and, in such a case, the overlying water; or

(iii) a lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988; or

(b) a legal estate or interest in, or right in respect of, land;

ordinary business hours means the hours between 9 am and 5 pm on any day other than a Saturday, Sunday or public holiday;

person entitled to custody of a vehicle means—

(a) an owner of the vehicle; or

(b) a person authorised by an owner of the vehicle to take custody of the vehicle; or

(c) a person legally entitled to possession of the vehicle;

protected person has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009;

public sector agency has the same meaning as in the Public Sector Act 2009;

registered owner of a vehicle means a person recorded in a register kept under the Motor Vehicles Act 1959 or the law of another State or Territory of the Commonwealth as an owner of the vehicle;

road has the same meaning as in the Motor Vehicles Act 1959.

(2) For the purposes of this Division—

(a) enforcement action includes any action that may be taken by the Fines Enforcement and Recovery Officer in accordance with a determination under section 70I or a penalty enforcement order made under this Act as in force before the commencement of section 11 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013; and

(b) a debtor is subject to a suppression order if a suppression order forbidding publication of the debtor's name was made in the proceedings in which the pecuniary sum was imposed on the debtor and the order has not subsequently been revoked.

(3) Unless the contrary intention appears, a reference in this Division to a pecuniary sum includes a reference to—

(a) the amount outstanding of such a sum or, if a number of pecuniary sums have been aggregated, the amount outstanding of the aggregated sums; and

(b) any fees, charges or other amounts which are, in accordance with this Division, added to and form part of such a sum.

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

(1) Subject to this section, the Fines Enforcement and Recovery Officer may, at the request of a debtor who owes a pecuniary sum and has an amount due under an expiation notice (an expiation amount) make a determination under this section (an aggregation determination).

(2) On the making of an aggregation determination the expiation amount will be taken to be part of the pecuniary sum owed by the debtor.

(3) Any enforcement determination under the Expiation of Offences Act 1996 made in relation to the expiation amount is suspended on the making of an aggregation determination.

(4) For the purposes of section 69, an expiation fee that is subject to an aggregation determination is taken to be a pecuniary sum imposed by order of a court and the 28 day period referred to in section 66 is taken to have ended on the day on which the expiation period ended under the Expiation of Offences Act 1996.

(5) The Fines Enforcement and Recovery Officer may revoke an aggregation determination at any time by notice in writing given to the debtor (and must revoke the determination at the request of the debtor).

(6) A revocation takes effect 7 days from (and including) the day on which the notice referred to in subsection (5) was given to the debtor.

(7) On the revocation of an aggregation determination under subsection (5)—

(a) the remaining expiation amount must be determined by the Fines Enforcement and Recovery Officer, taking into account—

(i) any deductions that should be made on account of amounts that have been paid by or recovered from the debtor since the making of the determination; and

(ii) any additions that should be made on account of amounts that have accrued in accordance with section 69 since the making of the determination; and

(b) the remaining expiation amount so determined will no longer be taken to be part of the pecuniary sum; and

(c) any enforcement determination that was suspended under subsection (3) comes back into force (and the Expiation of Offences Act 1996 applies to the remaining expiation amount as if the aggregation determination had not been made).

62—Enforcement against youths

This Division applies to a debtor who is a youth (ie, a person who was under the age of 18 years at the time when the offence in respect of which the pecuniary sum was imposed was committed) but an additional power exists for the youth or the Fines Enforcement and Recovery Officer to apply, at any time, to the Youth Court for the making of a community service order in respect of the youth (as if Subdivision 5 applied in respect of the pecuniary sum).

63—Service of notices etc

(1) A notice, determination or other document required or authorised to be given or served under this Division may be given or served personally or by post.

(2) If—

(a) the Fines Enforcement and Recovery Officer is required under any provision of this Division to give to or serve on a debtor a notice, determination or other document; and

(b) the whereabouts of the debtor cannot, after reasonable enquiries, be ascertained,

the following provisions apply:

(c) subject to paragraph (d), the Fines Enforcement and Recovery Officer must instead publish details of the notice, determination or other document on a website determined by the Fines Enforcement and Recovery Officer (and on publishing such details the Fines Enforcement and Recovery Officer will, for the purposes of this Division, be taken to have given the debtor, or served the debtor with, the notice, determination or document);

(d) if the debtor is a youth, is subject to a suppression order or is a protected person, the requirement to give the debtor, or serve the debtor with, the notice, determination or other document does not apply but—

(i) the Fines Enforcement and Recovery Officer may cause details of the notice, determination or other document to be provided to the debtor by any other means reasonably available that do not involve public disclosure of the debtor's name; and

(ii) on providing such details the Fines Enforcement and Recovery Officer will, for the purposes of this Division, be taken to have given the debtor, or served the debtor with, the notice, determination or document.

Subdivision 2—Fines Enforcement and Recovery Officer

64—Fines Enforcement and Recovery Officer

(1) There is to be a Fines Enforcement and Recovery Officer.

(2) The Fines Enforcement and Recovery Officer will be a person employed in the Public Service of the State.

(3) The Fines Enforcement and Recovery Officer may, in addition to carrying out functions and exercising powers under this Act, carry out any other functions, or exercise any other powers, assigned to the Fines Enforcement and Recovery Officer by or under any other Act or law or by the Minister.

(4) If the Fines Enforcement and Recovery Officer carries out functions under any Act on behalf of a public sector agency, Local Government agency or other person or body, the Fines Enforcement and Recovery Officer may charge the agency, person or body a fee of such amount as may be agreed between the Fines Enforcement and Recovery Officer and the agency, person or body.

65—Delegation

(1) The Fines Enforcement and Recovery Officer may, by instrument in writing, delegate a power or function under this Act or any other Act—

(a) to a particular person or committee; or

(b) to the person for the time being performing particular duties or holding or acting in a particular position.

(2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

(3) A delegation—

(a) may be absolute or conditional; and

(b) does not derogate from the power of the delegator to act personally in a matter; and

(c) is revocable at will.

Subdivision 3—Payment of pecuniary sums

66—Pecuniary sum is payable within 28 days

Subject to any arrangement under section 70, a pecuniary sum imposed by order of a court is payable within 28 days from (and including) the day on which the order was made.

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

(1) A pecuniary sum is payable as follows (despite the fact that the order is in favour of some person):

(a) to the Fines Enforcement and Recovery Officer; or

(b) to any agent appointed by the Fines Enforcement and Recovery Officer for the purpose.

(2) On receipt of the whole or part of a pecuniary sum, the Fines Enforcement and Recovery Officer must pay the amount received as follows:

(a) firstly, if a VIC levy is payable by the defendant, then into the Victims of Crime Fund in satisfaction of that levy; and

(b) secondly, if the sentencing court has ordered the defendant to pay any amount by way of compensation or restitution to a particular person, then to that person in satisfaction of that amount; and

(c) thirdly, if any costs are payable to a party to the proceedings, then in satisfaction of those costs; and

(d) fourthly, if any other money is payable under the order of the court to the complainant, then to the complainant; and

(e) fifthly, according to the directions of any other Act or, if no other Act contains directions as to payment, then to Treasury.

68—Payment by credit card etc

A pecuniary sum may be paid by using a credit card, charge card or debit card if facilities for their use are available in relation to the payment to be made.

69—Amounts unpaid or unrecovered for more than certain period

(1) Subject to subsection (2), if any part of a pecuniary sum imposed by order of a court remains—

(a) unpaid by the debtor under this Subdivision; or

(b) unrecovered from the debtor under Subdivision 4,

on the expiration of the 28 day period referred to in section 66 an amount prescribed by, or calculated in accordance with, the regulations is added to, and forms part of, the pecuniary sum payable by the debtor.

(2) The Fines Enforcement and Recovery Officer may, in such circumstances as he or she thinks just, waive payment of the whole or any part of an amount payable by a debtor in accordance with this section.

70—Arrangements as to manner and time of payment

(1) Subject to this section, a debtor who pays to the Fines Enforcement and Recovery Officer the prescribed fee—

(a) may, at any time during the 28 day period referred to in section 66, enter into an arrangement with the Fines Enforcement and Recovery Officer for payment of a pecuniary sum by instalments over a period determined by the Fines Enforcement and Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into); or

(b) if the Fines Enforcement and Recovery Officer agrees, may enter into some other kind of arrangement with the Fines Enforcement and Recovery Officer for payment of a pecuniary sum in accordance with subsection (3).

(2) An arrangement for payment by instalments referred to in subsection (1)(a) must provide for instalments to be paid to the Fines Enforcement and Recovery Officer by direct debits by or through some other person or agency (eg, deductions from an ADI account or wages).

(3) Other kinds of arrangements under this section may consist of or include—

(a) payment by instalments (including instalments paid over a period exceeding 12 months);

(b) an extension of time to pay;

(c) the taking of a charge over land;

(d) the surrender of property to the Fines Enforcement and Recovery Officer;

(e) payment of any amount, including by direct credit, by or through some other person or agency (eg, deductions from an ADI account or wages);

(f) any other form of arrangement agreed by the Fines Enforcement and Recovery Officer and the debtor.

(4) If—

(a) a debtor has previously been subject to enforcement action under this Division (whether in relation to the same, or a different, pecuniary sum); or

(b) a debtor is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or

(c) a debtor is of a class prescribed by the regulations,

the Fines Enforcement and Recovery Officer may—

(d) refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the debtor; or

(e) require the debtor to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the debtor from any Commonwealth, State or Local Government agency, any ADI or an employer of the debtor; or

(f) require the debtor to provide security or obtain guarantees (as the Fines Enforcement and Recovery Officer thinks fit).

(5) An arrangement under this section may be varied by agreement between the debtor and the Fines Enforcement and Recovery Officer.

(6) If an arrangement is entered into or varied under this section, the Fines Enforcement and Recovery Officer must give a copy of the arrangement or varied arrangement (as the case requires) to the debtor.

(7) For the purposes of entering into, or varying, an arrangement, any number of pecuniary sums payable by the debtor may be aggregated.

(8) If a debtor fails to comply with an arrangement under this section and the failure has endured for 14 days, the arrangement terminates.

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

(1) The Minister may from time to time declare an amnesty from the payment of the whole or any part of 1 or more of the following:

(a) costs, fees and other charges under this Division;

(b) costs and fees under Part 9 Division 3 of the Act as in force immediately before the commencement of section 11 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.

(2) An amnesty—

(a) must be declared by notice in the Gazette; and

(b) applies—

(i) in relation to a debtor, or a class of debtors; and

(ii) to the extent,

specified in the notice; and

(c) is subject to the terms and conditions (if any) set out in the notice.

(3) The Minister may vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette.

70B—Investigation of debtor's financial position

(1) The Fines Enforcement and Recovery Officer may, at any time, investigate a debtor's means of satisfying a pecuniary sum and may give a written notice to a person requiring the person to produce to the Fines Enforcement and Recovery Officer, within a period stated in the notice, documents or other material relevant to the investigation.

(2) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

70C—Power to require information

(1) If a public sector agency is in possession of a debtor's contact details, the agency must, on request from the Fines Enforcement and Recovery Officer, provide those details to the Fines Enforcement and Recovery Officer.

(2) This section does not apply to a public sector agency excluded from the application of this section by the regulations.

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

(1) An authorised officer may require a person who the officer has reasonable cause to suspect may be a debtor to produce evidence of the person's identity.

(2) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

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

(1) If the whereabouts of a debtor cannot, after reasonable enquiries, be ascertained, the Fines Enforcement and Recovery Officer may cause a notice to be published on a website determined by the Fines Enforcement and Recovery Officer, and in such other manner (if any) as he or she thinks fit, seeking information as to the debtor's whereabouts.

(2) A notice under subsection (1)—

(a) must be in a form determined by the Fines Enforcement and Recovery Officer; and

(b) must not include any information relating to the debtor other than the debtor's—

(i) actual name and any assumed name; and

(ii) last known and former addresses; and

(iii) date of birth.

(3) However, a notice cannot be published under this section in relation to a debtor if the debtor is—

(a) a youth; or

(b) subject to a suppression order; or

(c) a protected person.

70G—Charge on land

(1) The Fines Enforcement and Recovery Officer may, at any time, apply to the Registrar-General in the form determined by the Registrar-General to register a charge over land owned (whether solely or as a co-owner) by the debtor for the amount of the pecuniary sum outstanding from time to time.

(2) On receipt of an application under subsection (1), the Registrar-General must enter an appropriate note in the Register Book and, when that entry is made, a charge is created over the land in favour of the Crown.

(3) The effect of the charge is as follows:

(a) the Registrar-General must not, after entry of the note under subsection (2), register an instrument affecting the land over which the charge exists unless—

(i) the instrument—

(A) was executed before the entry was made; or

(B) has been executed under or pursuant to an agreement entered into before the entry was made; or

(C) relates to an instrument registered before the entry was made; or

(ii) the instrument is an instrument of a prescribed class; or

(iii) the instrument is expressed to be subject to the operation of the charge; or

(iv) the instrument is a duly stamped conveyance that results from the exercise of a power of sale under a mortgage, charge or encumbrance registered before the entry was made; and

(b) the Fines Enforcement and Recovery Officer (on behalf of the Crown) has the same powers in respect of the land over which the charge exists as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage.

(4) An instrument registered under subsection (3)(a)(i) or (ii) has effect, in relation to the charge, as if it had been registered before the entry was made.

(5) If an instrument is registered under subsection (3)(a)(iv), the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must take whatever action the Registrar-General considers appropriate to give effect to the cancellation.

(6) The Fines Enforcement and Recovery Officer will apply to the Registrar-General, in the form determined by the Registrar-General, to have the registration of a charge under this section cancelled—

(a) on the pecuniary sum being fully satisfied; or

(b) if the Fines Enforcement and Recovery Officer considers, in the circumstances of the particular case, that it is just to do so,

(and the Registrar-General must then cancel the relevant entry).

(7) Any fees incurred in relation to registration (or cancellation of registration) under this section are added to and form part of the pecuniary sum.

70H—Reminder notice

(1) If, at the end of the 28 day period from the making of an order imposing a pecuniary sum, the debtor has not paid the pecuniary sum or entered into an arrangement under this Subdivision in respect of the sum, the Fines Enforcement and Recovery Officer must cause a reminder notice to be given to the debtor.

(2) A reminder notice must—

(a) be in a form determined by the Fines Enforcement and Recovery Officer; and

(b) contain information as to the enforcement action that can be taken against the debtor in the event of continued default.

(3) Subject to subsection (4), a prescribed reminder notice fee will be added to and form part of the pecuniary sum in respect of which the notice is issued.

(4) The Fines Enforcement and Recovery Officer may, in such circumstances as he or she thinks just, waive payment of a reminder notice fee.

70I—Enforcement actions

(1) If—

(a) a debtor has not, within 14 days of (and including) the date on which a reminder notice relating to a pecuniary sum was given to the debtor in accordance with section 70H, paid the sum or entered into an arrangement under section 70 in respect of the sum; or

(b) an arrangement under section 70 has terminated,

the Fines Enforcement and Recovery Officer may determine, at any time, in his or her absolute discretion, to do any of the following:

(c) enter into an arrangement, or further arrangement, with the debtor under section 70(1)(b);

(d) exercise any 1 or more of the powers under Subdivision 4 or Subdivision 5;

(e) waive payment of the pecuniary sum or any part of the pecuniary sum.

(2) If the Fines Enforcement and Recovery Officer determines to waive payment of any part of a pecuniary sum that includes an amount of compensation, the Fines Enforcement and Recovery Officer must take reasonable action to notify the person to whom the compensation is payable and that person may then recover the amount of the compensation as a debt from the debtor.

Subdivision 4—Powers relating to enforcement action

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

Any number of pecuniary sums owed by a debtor may be aggregated for the purposes of exercising powers under this Subdivision.

70K—Seizure and sale of assets

(1) The Fines Enforcement and Recovery Officer may, by written determination, determine to sell the debtor's land or personal property to satisfy a pecuniary sum.

(2) A determination under this section authorises the Fines Enforcement and Recovery Officer to—

(a) enter any land (using such force as may be necessary) on which the Fines Enforcement and Recovery Officer reasonably suspects personal property of the debtor is situated; and

(b) seize and remove any personal property found on land referred to in paragraph (a) that apparently belongs (wholly or partly) to the debtor; and

(c) affix clamps or any other locking device to any vehicle that is to be seized and removed from land referred to in paragraph (a) in order to secure the vehicle until it can be so seized and removed; and

(d) seize and remove any documents evidencing the debtor's title to any real or personal property; and

(e) place and keep any such personal property or documents in safe custody until completion of sale; and

(f) sell real or personal property owned (whether solely or as a co-owner) by the debtor.

(3) However—

(a) powers under this section may not be exercised in relation to personal property, or property of a class, prescribed by the regulations; and

(b) this section does not authorise the sale of land unless the amount of the pecuniary sum exceeds $10 000; and

(c) any amount realised from the sale of the debtor's real or personal property in excess of the pecuniary sum owed by a debtor must be paid to the debtor by the Fines Enforcement and Recovery Officer.

(4) The Fines Enforcement and Recovery Officer may exercise powers under this section in the absence of, and without prior notice to, the debtor.

(5) When property is seized or removed from land, a copy of the written determination under this section and a notice listing the property seized—

(a) must be given personally to the debtor or to any other person apparently in charge of the land and apparently of or over the age of 16 years; or

(b) if paragraph (a) cannot be complied with, must be left in or attached to a conspicuous place on the land.

(6) The Fines Enforcement and Recovery Officer may, if he or she thinks fit, leave a debtor in possession of property until it is sold pursuant to the order for sale.

(7) If property that has been seized is left in the debtor's possession pending sale, the debtor must not, except with the written approval of the Fines Enforcement and Recovery Officer, cause, permit or allow the property to be removed from the debtor's possession or to be sold or offered for sale.

Maximum penalty: $2 500.

(8) If a vehicle has been seized but left in the debtor's possession pending sale, the debtor must not, except with the written approval of the Fines Enforcement and Recovery Officer, drive the vehicle on a road.

Maximum penalty:

(a) $2 500; or

(b) disqualification from holding or obtaining a driver's licence for a period (of whole months only) not exceeding 6 months.

(9) A person must not interfere in any way—

(a) with any written determination attached by the Fines Enforcement and Recovery Officer to seized property left in a debtor's possession signifying that the property has been seized; or

(b) with the means by which a vehicle has been immobilised pursuant to this section.

Maximum penalty: $2 500.

(10) Property seized under this section cannot be sold until 14 days have elapsed from (and including) the day on which it was seized.

(11) If—

(a) the debtor or any other person claims that property seized under this section is not liable to seizure and sale under this section; or

(b) a person (other than the debtor) claims an interest in property seized under this section,

the Court may, if satisfied, on application by the debtor or other person, of the validity of the claim—

(c) exclude the property from the sale; or

(d) direct the application of the proceeds of the sale of the property in such manner as the Court considers just.

(12) A sale of land or tangible property under this section is to be conducted in a manner determined by the Fines Enforcement and Recovery Officer.

(13) If land is sold in pursuance of this section, an instrument of transfer or conveyance (as appropriate) signed by the Fines Enforcement and Recovery Officer will, on registration, operate to vest title to the land in the purchaser.

(14) The title vested in a purchaser under subsection (13) will be free of—

(a) all mortgages and charges; and

(b) except in the case of land held from the Crown under lease, licence or agreement to purchase—all leases and licences.

(15) An instrument of transfer or conveyance in pursuance of a sale under this section must, when lodged with the Registrar-General for registration, be accompanied by a statutory declaration made by the Fines Enforcement and Recovery Officer stating that the requirements of this section in relation to the sale of the land have been observed.

(16) If it is not reasonably practicable to obtain the duplicate certificate of title to land that is sold in pursuance of this section (or other relevant instrument), the Registrar-General may register a transfer or conveyance despite the non-production of the duplicate (or instrument), but in that event will cancel the existing certificate of title for the land and issue a new certificate in the name of the transferee.

(17) Where any part of the debtor's property consists of intangible property, the Fines Enforcement and Recovery Officer may sign any transfer or do anything else necessary to convert that property into money as if the Fines Enforcement and Recovery Officer were the debtor.

(18) If the proceeds from a sale of property under this section exceed the amount necessary to satisfy the pecuniary sum owed by the debtor, the amount remaining after deduction of the pecuniary sum from the proceeds must be returned to the debtor.

(19) If the Fines Enforcement and Recovery Officer determines not to sell any personal property seized under this section, the property must be returned to the debtor or left at the land from which it was seized.

70L—Garnishment

(1) The Fines Enforcement and Recovery Officer may, by written determination, provide that—

(a) money owing or accruing to a debtor from a third person; or

(b) money of the debtor in the hands of a third person (including money in an ADI account),

be attached to satisfy a pecuniary sum owed by the debtor.

(2) A determination under this section may authorise the garnishee to retain from the money subject to the attachment a reasonable sum, fixed by the written determination, as compensation for the garnishee's expenses in complying with the determination.

(3) The Fines Enforcement and Recovery Officer must cause a copy of a written determination under this section to be given to the debtor and the garnishee.

(4) A garnishee must comply with a determination under this section.

Maximum penalty: $10 000.

(5) If the garnishee does not comply with a determination under this section, the garnishee becomes personally liable for payment to the Fines Enforcement and Recovery Officer of the amount subject to attachment.

(6) If, because a determination has been made under this section in relation to an employee, the employer—

(a) dismisses the employee; or

(b) injures the employee in employment; or

(c) alters the employee's position to the employee's prejudice,

the employer is guilty of an offence.

Maximum penalty: $10 000.

(7) A reference in this section to a third person includes the Crown or any person or body holding money on behalf of the Crown.

70M—Suspension of driver's licence

(1) The Fines Enforcement and Recovery Officer may, by written determination, suspend a debtor's driver's licence (and such a determination may be issued despite the fact that the debtor is currently disqualified from holding or obtaining a licence).

(2) The Fines Enforcement and Recovery Officer must —

(a) cause a copy of the written determination under subsection (1) to be given to the debtor; and

(b) notify the Registrar of Motor Vehicles of the determination.

(3) A licence suspension under this section—

(a) takes effect 14 days from (and including) the day on which the determination under subsection (1) was given to the debtor; and

(b) may be cancelled by the Fines Enforcement and Recovery Officer by written determination (provided that the Fines Enforcement and Recovery Officer must make such a written determination if all pecuniary sums owed by the debtor are paid in full).

(4) If the Fines Enforcement and Recovery Officer makes a determination under subsection (3)(b)—

(a) the Fines Enforcement and Recovery Officer must notify the Registrar of Motor Vehicles of the determination; and

(b) the licence suspension continues in operation until the Registrar of Motor Vehicles is so notified.

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

(1) The Fines Enforcement and Recovery Officer may, by written determination, impose a prohibition on the debtor transacting any business with the Registrar of Motor Vehicles.

(2) The Fines Enforcement and Recovery Officer must—

(a) cause a copy of the written determination under subsection (1) to be given to the debtor; and

(b) notify the Registrar of Motor Vehicles of the determination.

(3) A prohibition under this section—

(a) takes effect on the Registrar of Motor Vehicles being notified under subsection (2); and

(b) may be cancelled by the Fines Enforcement and Recovery Officer by written determination (provided that the Fines Enforcement and Recovery Officer must make such a written determination if all pecuniary sums owed by the debtor are paid in full).

(4) If the Fines Enforcement and Recovery Officer makes a determination under subsection (3)(b)—

(a) the Fines Enforcement and Recovery Officer must notify the Registrar of Motor Vehicles of the determination; and

(b) the prohibition continues in operation until the Registrar of Motor Vehicles is so notified.

(5) The effect of a prohibition under this section is that, while the prohibition continues in operation, the Registrar of Motor Vehicles will not process any application made by or on behalf of the debtor, whether the application was made before or after the prohibition took effect.

(6) However, subsection (5) does not apply in relation to an application to transfer the registration of a vehicle of which the debtor is a registered owner—

(a) to a person who is not a joint registered owner of the vehicle; or

(b) to a person where the transfer has been ordered by a court.

70O—Clamping or impounding of vehicle

(1) The Fines Enforcement and Recovery Officer may, by written determination, determine to clamp or impound any vehicle that the debtor owns or is accustomed to drive, or that was used in the commission of an offence to which action under this Division relates, for a period specified in the determination or until the Fines Enforcement and Recovery Officer determines to end the clamping or impounding period under this section.

(2) The Fines Enforcement and Recovery Officer must cause a copy of the written determination to clamp or impound a vehicle to be given to the debtor and to each registered owner of the vehicle.

(3) A determination under this section authorises the Fines Enforcement and Recovery Officer—

(a) to clamp a vehicle referred to in subsection (1); or

(b) to seize such a vehicle for the purpose of clamping or impounding it.

(4) If a determination has been made under this section in relation to a vehicle, the Fines Enforcement and Recovery Officer may do anything reasonably necessary for the purposes of carrying out functions under this section, including exercising any of the following powers in relation to the vehicle:

(a) giving an owner of the vehicle written notice in the prescribed form requiring the owner to produce the vehicle at a time and place specified in the notice;

(b) entering any place, including a public place, (using such force as may be necessary) at which the Fines Enforcement and Recovery Officer reasonably suspects the vehicle is situated and breaking into or opening any garage or other structure in which the vehicle can be seen to be stored at the place;

(c) requiring a person to stop the vehicle;

(d) causing a locking device or other feature of the vehicle to be removed, dismantled or neutralised;

(e) requiring a person to surrender the keys to the vehicle, or starting the vehicle by other means;

(f) temporarily affixing clamps or any other locking device to the vehicle on a public road or in any other place in order to secure the vehicle until it can be seized and moved;

(g) moving the vehicle to a place determined by the Fines Enforcement and Recovery Officer and clamping or impounding the vehicle at that place (and, if the Fines Enforcement and Recovery Officer so determines, subsequently moving the vehicle to, and clamping or impounding the vehicle at, some other place);

(h) driving, towing or pushing the vehicle, or moving the vehicle in any other manner.

(5) A person must not, without reasonable excuse (proof of which lies on the person), refuse or fail to comply with a notice or requirement under subsection (4)

Maximum penalty: $2 500 or imprisonment for 6 months.

(6) The Fines Enforcement and Recovery Officer—

(a) must determine to end the clamping or impounding period if all pecuniary sums owed by the debtor are paid in full; and

(b) may determine to end the clamping or impounding period at any other time in his or her absolute discretion.

(7) At the end of the clamping or impounding period, the Fines Enforcement and Recovery Officer may—

(a) remove the clamps; or

(b) release the vehicle, including to a person who applies for release of the vehicle and satisfies the Fines Enforcement and Recovery Officer that he or she is entitled to custody of the vehicle.

(8) However, the Fines Enforcement and Recovery Officer is not obliged to remove clamps from a vehicle or release a vehicle—

(a) outside of ordinary business hours; or

(b) if the Fines Enforcement and Recovery Officer believes that the removal or release would result in the vehicle being left in the custody of a person not entitled to custody of the vehicle.

(9) The Fines Enforcement and Recovery Officer may ask a person questions for the purpose of carrying out functions under this section, including questions for the purpose of determining whether a particular vehicle is liable to be clamped or impounded under this section and questions for the purpose of determining whether a person who applies for release of a vehicle is entitled to custody of the vehicle.

(10) A person who—

(a) refuses or fails, without reasonable excuse, to answer a question under subsection (9); or

(b) in response to a question under subsection (9) gives an answer that is false or misleading in a material particular,

is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

70P—Power to dispose of uncollected seized vehicles

(1) Despite this or any other law, if no person who is entitled to custody of a vehicle that has been seized and clamped or impounded under section 70O 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, the Fines Enforcement and Recovery Officer may, subject to this section, dispose of the vehicle.

(2) A vehicle must not be disposed of under subsection (1) unless, not less than 14 days before the disposal, notice of the disposal—

(a) was sent by post to—

(i) in the case of a registered vehicle—the registered address of each registered owner of the vehicle; or

(ii) in any other case—the address of any owner of the vehicle of which the Fines Enforcement and Recovery Officer is aware; and

(b) was given to each person registered under the Personal Property Securities Act 2009 of the Commonwealth as a secured party in relation to a security interest for which the vehicle is collateral; and

(c) was published on a website determined by the Fines Enforcement and Recovery Officer.

(3) Subject to subsection (4), a disposal of a vehicle under this section is to be by sale by public auction or public tender.

(4) A vehicle may be disposed of under this section otherwise than by sale if—

(a) the Fines Enforcement and Recovery Officer believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of the sale; or

(b) the vehicle has been offered for sale and was not sold.

(5) Subject to subsection (6), the proceeds of the sale of a vehicle under this section must be dealt with as follows:

(a) if the debtor is the owner of the vehicle—the proceeds must be applied towards satisfaction of the pecuniary sum owed and any remaining amount must be dealt with in accordance with section 7A of the Unclaimed Moneys Act 1891 as money the owner of which cannot be found;

(b) in any other case—the proceeds must be dealt with in accordance with section 7A of the Unclaimed Moneys Act 1891 as money the owner of which cannot be found.

(6) If, before the disposal of a vehicle under this section, a person (other than the debtor) claims an interest in a vehicle that has been seized and clamped or impounded under section 70O the Court may, if satisfied, on application by the person, of the validity of the claim direct—

(a) that the vehicle be released into the custody of the person; or

(b) the application of the proceeds of the sale of the vehicle in such manner as the Court considers just.

(7) Despite any other Act or law, if a vehicle is sold or otherwise disposed of under this section—

(a) any interests in the vehicle existing prior to the sale or disposal are extinguished; and

(b) any purchaser of the vehicle, or of any part of the vehicle, acquires a good title.

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

(1) The Fines Enforcement and Recovery Officer may cause a notice to be published on a website determined by the Fines Enforcement and Recovery Officer, and in such other manner (if any) as he or she thinks fit, identifying a debtor who is subject to enforcement action under this Division and specifying the amount of the pecuniary sum that is payable at the date of the notice.

(2) A notice under subsection (1)—

(a) must be in a form determined by the Fines Enforcement and Recovery Officer; and

(b) must not include any identifying information relating to the debtor other than the debtor's—

(i) actual name and any assumed name; and

(ii) date of birth.

(3) However, a notice cannot be published under this section in relation to a debtor if the debtor is—

(a) a youth; or

(b) subject to a suppression order; or

(c) a protected person.

(4) The Fines Enforcement and Recovery Officer must remove a notice published under subsection (1) from the website as soon as is reasonably practicable after the debtor has paid in full the pecuniary sum to which the notice relates.

70R—Costs

Any costs incurred by the Fines Enforcement and Recovery Officer in relation to the exercise of powers and functions under this Subdivision are added to and form part of the pecuniary sum owed by the debtor.

70S—Liability

(1) No civil liability is incurred by the Crown, the Fines Enforcement and Recovery Officer or a public sector employee (within the meaning of the Public Sector Act 2009) in respect of the exercise, or purported exercise, of powers or functions under this Subdivision.

(2) A person—

(a) to whom powers or functions under this Subdivision are delegated by the Fines Enforcement and Recovery Officer; and

(b) who is not a public sector employee within the meaning of the Public Sector Act 2009,

does not incur any civil liability in respect of the exercise, or purported exercise, in good faith of those powers or functions.

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

The Fines Enforcement and Recovery Officer or an authorised officer may, in the exercise of any powers or functions under this Subdivision, be assisted by such other persons (including a member of the police force) as the Fines Enforcement and Recovery Officer or authorised officer considers necessary in the circumstances.

Subdivision 5—Failure of enforcement process

70U—Community service orders

(1) 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.

(2) If a community service order is made by the Court under this section, the following provisions apply:

(a) the number of hours of community service to be performed by the debtor is—

(i) if the pecuniary sum is equal to or less than the prescribed unit—7.5 hours; or

(ii) if the pecuniary sum exceeds the prescribed unit—7.5 hours for each prescribed unit of the pecuniary sum and for any fraction left after dividing the sum by that unit, up to a maximum of 500 hours;

(b) the debtor must not, during the period for which the order applies, leave the State for any reason except in accordance with the written permission of the Fines Enforcement and Recovery Officer.

(3) The Fines Enforcement and Recovery Officer must give the debtor a notice specifying—

(a) the number of hours of community service to be performed in accordance with subsection (2)(a); and

(b) the requirement set out in subsection (2)(b); and

(c) any other matter prescribed by regulation.

(4) The requirements specified in subsection (2) apply and are enforceable as if they were terms of the order under subsection (1).

(5) Subject to this section, Part 6 applies to an order for community service under this section as if it were a sentence of community service.

(6) Section 47(1)(a) and (b) do not apply to an order for community service under this section.

(7) Part 6 of the Young Offenders Act 1993 applies, with necessary modifications, in relation to an order under this section made in relation to a youth as if it were an order for community service under that Act.

(8) The pecuniary sum to which a community service order relates is reduced by 1 prescribed unit for each 7.5 hours of community service performed under the order.

(9) If, while a community service order is in force, part of the pecuniary sum to which it relates is paid, the number of hours of community service to be performed under the order will be reduced by a proportionate amount.

(10) However, if the Court, on application by the Fines Enforcement and Recovery Officer at any time, is satisfied that a person subject to a community service order under this section has the means to pay a fine without the person or his or her dependants suffering hardship, the Court may—

(a) revoke the community service order; and

(b) order the restoration of the pecuniary sum in respect of which the community service order was made (and for the purposes of taking enforcement action against the person, the pecuniary sum so restored is to be treated as having been imposed on the day on which the court makes an order under this paragraph).

(11) In restoring a pecuniary sum under subsection (10), the Court must take into account the number of hours of community service (if any) that the person performed under the revoked community service order.

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

(1) Section 71(1)—delete "of a court or authorised officer"

(2) Section 71(2)(a)—delete "eight" and substitute:

7.5

(3) Section 71(2)(b)—delete "six months" and substitute:

the prescribed period

(4) Section 71—after subsection (9) insert:

(10) In this section—

prescribed period means—

(a) in relation to an order made under section 70U—12 months;

(b) in any other case—6 months.

13—Amendment of section 72—Identification of authorised officers

(1) Section 72(1)—delete "Administrator" and substitute:

Minister

(2) Section 72—after subsection (3) insert:

(4) A person appointed as an authorised officer by the Minister must, within 2 days after ceasing to be an authorised officer, return his or her identity card to the Minister.

Maximum penalty: $250.

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

Section 72A(2)—after "officer" insert:

appointed by the Administrator

15—Amendment of section 75—Regulations

(1) Section 75(2)(b)—after "officers" insert:

or any other matter relating to the functions of authorised officers

(2) Section 75(2)—after (b) insert:

(c) prescribe, or provide for the calculation of, costs, fees or charges for the purposes of this Act;

(e) exempt any person or class of persons from the obligation to pay any costs, fees or charges so prescribed;

(f) prescribe penalties, not exceeding $5 000, for breach of, or non-compliance with, a regulation.

(3) Section 75—after subsection (2) insert:

(3) The regulations may—

(a) be of general or limited application; and

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

(c) provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any 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; and

(d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, an authorised officer or another prescribed person.

(4) The regulations may make provisions of a savings or transitional nature consequent on the commencement of any provisions of this Act (including provisions of a transitional nature modifying any provisions of this Act).

16—Transitional provisions

(1) Subject to this section and to any regulations made under section 75(4) of the principal Act (as inserted by this Act)—

(a) Part 9 Division 3 of the principal Act as in force immediately after the commencement day applies in relation to enforcement of a pecuniary sum regardless of whether the liability to pay the pecuniary sum arose before or after the commencement day; and

(b) section 61 of the principal Act (as inserted by this Act) applies to an expiation amount regardless of whether the liability to pay the expiation amount arose before or after the commencement day.

(2) If, immediately before the commencement day, a debtor is subject to an arrangement with an authorised officer under section 64 of the principal Act, or is subject, or apparently subject, to any requirement as to the manner and time of payment of a pecuniary sum pursuant to an order made, or purportedly made, under Part 9 Division 3 of the principal Act, that arrangement or requirement continues as if it were an arrangement with the Fines Enforcement and Recovery Officer under section 70 of the principal Act as in force after the commencement day (but such an arrangement or requirement is, despite the provisions of section 70, to have effect according to its terms).

(3) A charge on land imposed under section 68 of the principal Act as in force before the commencement day continues as if it were a charge on land imposed under section 70G of the principal Act after the commencement day.

(4) Without derogating from any powers or functions that may be exercised in accordance with subsection (1), a relevant order continues in operation after the commencement day (whether or not the order had taken effect before the commencement day).

(5) Part 9 Division 3 of the principal Act as in force before the commencement day (other than Subdivision 7) continues to apply in relation to a relevant order continued in operation under subsection (4) as if references in that Division to the Manager, the Registrar or an authorised officer were references to the Fines Enforcement and Recovery Officer.

(6) However, the Fines Enforcement and Recovery Officer may, with the consent of the relevant debtor, revoke a relevant order continued in operation under subsection (4).

(7) Despite section 69 of the principal Act (as inserted by this Act) no amount is payable under that section in relation to an amount that is taken to be a pecuniary sum imposed by order of a court by virtue of the making of an enforcement order under section 13 of the Expiation of Offences Act 1996 before the commencement of section 26 of this Act.

(8) In this section—

commencement day means the day on which section 11 of this Act comes into operation;

principal Act means the Criminal Law (Sentencing) Act 1988;

relevant order means a penalty enforcement order (and any warrant or order issued in relation to the penalty enforcement order) made under Part 9 Division 3 of the principal Act as in force before the commencement day.

Part 5—Amendment of Cross-border Justice Act 2009

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

Section 120, definition of Fines Director—delete "Manager, Penalty Management" and substitute:

Fines Enforcement and Recovery Officer

Part 6—Amendment of Expiation of Offences Act 1996

18—Amendment of section 4—Interpretation

(1) Section 4(1)—after the definition of child insert:

community corrections officer means an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community;

(2) Section 4(1), definition of expiation period—after "expiation fee" insert:

(in the absence of an arrangement under section 9)

(3) Section 4(1)—after the definition of expiation period insert:

Fines Enforcement and Recovery Officer means the Fines Enforcement and Recovery Officer under the Criminal Law (Sentencing) Act 1988;

(4) Section 4(1), definitions of the Manager, Penalty Management and Registrar—delete the definitions and substitute:

protected person has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009.

(5) Section 4—after subsection (2) insert:

(3) Subject to this Act, a person expiates an offence if a person pays all of the amounts due under the expiation notice (including any levy payable under the Victims of Crime Act 2001) or such amounts are recovered from the person in accordance with this Act.

19—Amendment of section 6—Expiation notices

Section 6(1)(c)—after "the notice" insert:

unless an arrangement is entered into under section 9

20—Amendment of section 7—Payment by card

Section 7—delete "at the place at which the payment is to be made" and substitute:

in relation to the payment to be made

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

Section 8(2)—delete subsection (2) and substitute:

(2) An election to be prosecuted for an offence cannot be made after—

(a) if the alleged offender enters into an arrangement under section 9—the day on which the arrangement is entered into; or

(b) in any other case—the day on which an enforcement determination is made under section 13 in relation to the expiation notice.

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

(1) Section 8A(4)—delete "an enforcement order" and substitute:

an enforcement determination under section 13

(2) Section 8A(6)—delete subsection (6) and substitute:

(6) However, an expiation notice cannot be withdrawn under this section in respect of an offence if—

(a) any amount due under the notice in respect of that offence has been paid; or

(b) the alleged offender has entered into an arrangement under section 9; or

(c) an enforcement determination has been made under section 13 in relation to the expiation notice.

23—Substitution of sections 9 and 10

Sections 9 and 10—delete the sections and substitute:

9—Arrangements as to manner and time of payment

(1) Subject to this section, an alleged offender who has been given an expiation notice and who pays to the Fines Enforcement and Recovery Officer the prescribed fee—

(a) may, at any time during the expiation period, enter into a arrangement with the Fines Enforcement and Recovery Officer for payment of the amount due under the notice by direct debit instalments in accordance with subsection (3); or

(b) if the Fines Enforcement and Recovery Officer agrees, may enter into some other kind of arrangement with the Fines Enforcement and Recovery Officer in relation to the amount due under the notice in accordance with subsection (4).

(2) The Fines Enforcement and Recovery Officer must give the issuing authority notice (in a manner agreed between the Fines Enforcement and Recovery Officer and the issuing authority) of any arrangement entered into under this section.

(3) An arrangement for payment by instalments referred to in subsection (1)(a)—

(a) may not be entered into after an enforcement determination has been made under section 13 in respect of the expiation notice; and

(b) must provide for instalments to be paid to the Fines Enforcement and Recovery Officer by direct debits by or through some other person or agency (eg, deductions from an ADI account or wages); and

(c) must require payment in full within a period determined by the Fines Enforcement and Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into).

(4) Other kinds of arrangements referred to in subsection (1)(b) may consist of or include—

(a) payment by instalments (including instalments paid over a period exceeding 12 months);

(b) an extension of time to pay;

(c) the taking of a charge over land;

(d) the surrender of property to the Fines Enforcement and Recovery Officer;

(e) payment of any amount, including by direct credit, by or through some other person or agency (eg, deductions from an ADI account or wages);

(f) subject to subsection (5)—requirements for the performance of community service by the alleged offender (in accordance with a scheme prescribed by the regulations);

(g) any other form of arrangement agreed by the Fines Enforcement and Recovery Officer and the alleged offender.

(5) The Fines Enforcement and Recovery Officer may only agree to an arrangement requiring the performance of community service if—

(a) the Fines Enforcement and Recovery Officer is satisfied that the alleged offender does not have, and is not likely within a reasonable time to have, the means to satisfy the amount due under an expiation notice without the alleged offender or his or her dependants suffering hardship; and

(b) an enforcement determination has been made by the Fines Enforcement and Recovery Officer under section 13 in relation to the expiation notice.

(6) If—

(a) an alleged offender has previously been subject to enforcement action under this Act (whether in relation to the same, or a different, expiation notice) or under Part 9 Division 3 Subdivision 4 of the Criminal Law (Sentencing) Act 1988; or

(b) an alleged offender is an undischarged bankrupt or is subject to a composition or deed or scheme of arrangement with or for the benefit of creditors; or

(c) an alleged offender is of a class prescribed by the regulations,

the Fines Enforcement and Recovery Officer may—

(d) refuse to enter into an arrangement under this section, or a particular type of arrangement under this section, with the alleged offender; or

(e) require the alleged offender to provide an irrevocable authority to obtain (in accordance with any prescribed requirements) financial and contact information about the alleged offender from any Commonwealth, State or Local Government agency, any ADI or an employer of the alleged offender; or

(f) require the alleged offender to provide security or obtain guarantees (as the Fines Enforcement and Recovery Officer thinks fit).

(7) An arrangement under this section may be varied by agreement between the alleged offender and the Fines Enforcement and Recovery Officer.

(8) If an arrangement is entered into or varied under this section, the Fines Enforcement and Recovery Officer must give a copy of the arrangement or varied arrangement (as the case requires) to the alleged offender personally or by post.

(9) For the purposes of entering into, or varying, an arrangement, any number of amounts due under expiation notices given to the alleged offender may be aggregated.

(10) If an alleged offender fails to comply with an arrangement under this section and the failure has endured for 14 days, the arrangement terminates.

(11) If the Fines Enforcement and Recovery Officer determines that an alleged offender who is subject to an arrangement requiring the performance of community service has the means to satisfy an enforcement amount without the alleged offender or his or her dependants suffering hardship, the arrangement terminates.

(12) If an arrangement terminates under subsection (10) or (11), the Fines Enforcement and Recovery Officer must give the issuing authority notice (in a manner agreed between the Fines Enforcement and Recovery Officer and the issuing authority) of the termination and the amount then outstanding (taking into account, where the arrangement required the performance of community service, the number of hours of community service so performed).

(13) If an alleged offender complies with an arrangement under this section or pays to the Fines Enforcement and Recovery Officer, at any time, the amount then outstanding, the arrangement is discharged.

(14) Subject to the regulations, an alleged offender who enters into an arrangement under this section will, for the purposes of any other Act or law, be taken to expiate the offence or offences to which the arrangement relates on the day on which the arrangement is entered into (whether the arrangement is subsequently discharged or terminates before being discharged).

24—Amendment of section 11—Expiation reminder notices

(1) Section 11(1)—delete "been granted relief under this Act" and substitute:

entered into an arrangement under section 9

(2) Section 11(1a)(a)—delete paragraph (a) and substitute:

(a) must specify the amount of the expiation fee and to whom the expiation fee is payable; and

(3) Section 11(2)—delete subsection (2)

(4) Section 11(4)—delete subsection (4)

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

(1) Section 11A(2)(b)—delete paragraph (b) and substitute:

(b) must specify the amount of the expiation fee and to whom the expiation fee is payable; and

(2) Section 11A(3)—delete subsection (3)

(3) Section 11A(5)—delete subsection (5)

26—Substitution of sections 12 to 14

Sections 12 to 14 (inclusive)—delete the sections and substitute:

12—Late payment

The issuing authority may accept late payment of the amount due under an expiation notice at any time before an enforcement determination is made under section 13.

13—Enforcement determinations

(1) An expiation notice may be enforced against the alleged offender by the issuing authority sending to the Fines Enforcement and Recovery Officer—

(a) a certificate that contains the particulars determined by the Fines Enforcement and Recovery Officer relating to—

(i) the alleged offender; and

(ii) the offence or offences that remain unexpiated; and

(iii) the amount due under the notice; and

(iv) compliance by the authority with the requirements of this Act and any other Act; and

(b) the prescribed fee.

(2) The Fines Enforcement and Recovery Officer may make an enforcement determination in relation to an expiation notice given to a person—

(a) if the Fines Enforcement and Recovery Officer has, within the relevant period, received a certificate under subsection (1) and—

(i) 14 clear days have elapsed from the date on which a reminder notice relating to the expiation notice was sent by post in accordance with section 11; or

(ii) 14 clear days have elapsed from the date on which an expiation enforcement warning notice relating to the expiation notice was sent by post in accordance with section 11A; or

(b) if an arrangement under section 9 relating to the notice has terminated in accordance with that section and the Fines Enforcement and Recovery Officer has, within the relevant period, received a certificate under subsection (1) following that termination.

(3) Subject to the regulations, on the making of an enforcement determination the alleged offender will, for the purposes of any other Act or law, be taken to have expiated the offence or offences to which the enforcement determination relates (unless the alleged offender is already taken to have expiated the offence in accordance with section 9(14)).

(4) The Fines Enforcement and Recovery Officer may—

(a) vary an enforcement determination at any time; and

(b) on application under this section made within 30 days of notice of an enforcement determination being given, sent or published in accordance with this section—revoke the enforcement determination.

(5) An application under subsection (4)(b) must be accompanied by the prescribed fee.

(6) The Fines Enforcement and Recovery Officer may entertain an application under subsection (4)(b) made out of time if he or she thinks good reason exists for doing so.

(7) The Fines Enforcement and Recovery Officer may refuse to entertain an application under subsection (4)(b) if the Fines Enforcement and Recovery Officer considers that the application is frivolous or vexatious or is not made in good faith.

(8) An application under subsection (4)(b) for the revocation of an enforcement determination can only be made on the ground that—

(a) the expiation notice to which the determination relates should not have been given to the applicant in the first instance; or

(b) the procedural requirements of this Act or any other Act were not complied with; or

(c) the applicant failed to receive a notice required by this Act or any other Act; or

(d) the issuing authority failed to receive—

(i) a notice sent to the authority by the applicant electing to be prosecuted for the offence; or

(ii) a statutory declaration or other document sent to the authority by the applicant in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or

(e) the applicant has expiated the offence, or offences, under the notice.

(9) If the Fines Enforcement and Recovery Officer revokes an enforcement determination—

(a) the determination will be taken to be void and of no effect (and subsection (3) is taken never to have applied in relation to the determination); and

(b) any enforcement action taken under section 14A in relation to the determination will be taken to have been revoked; and

(c) the Fines Enforcement and Recovery Officer may, if he or she thinks fit, refund the fee paid in accordance with subsection (5).

(10) Despite any other provision of this Act, if the Fines Enforcement and Recovery Officer revokes an enforcement determination on a ground referred to in subsection (8)(b), (c) or (d), the following provisions apply:

(a) if the period of 1 year from the date of commission of the alleged offence, or offences, has not expired, the applicant will be taken to have been given an expiation notice by the issuing authority in respect of the alleged offence, or offences, for the first time on the day on which the determination was revoked; and

(b) the expiation notice will also be taken to have been issued on that day; and

(c) the expiation period will be taken to be the period of 28 days from (and including) that day; and

(d) a prosecution can be commenced for the alleged offence, or offences, within 6 months of the expiry of that expiation period (despite the fact that the time for the commencement of the prosecution may have already otherwise expired).

(11) Subject to subsection (12), on an enforcement determination being made, varied or revoked, the Fines Enforcement and Recovery Officer must cause a written notice of the determination, variation or revocation containing the particulars (if any) prescribed by the regulations—

(a) to be—

(i) given personally or by post to the alleged offender; or

(ii) if the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained—published on a website determined by the Fines Enforcement and Recovery Officer; and

(b) to be given to the issuing authority.

(12) If—

(a) the alleged offender was under the age of 18 years at the time the offence is alleged to have been committed or is a protected person; and

(b) the whereabouts of the alleged offender cannot, after reasonable enquiries, be ascertained,

the Fines Enforcement and Recovery Officer may not publish the written notice in accordance with subsection (11)(a)(ii) but may, if he or she is satisfied that other reasonable means of contacting the alleged offender (not involving public disclosure of the alleged offender's name) are available, cause the written notice to be given to the alleged offender by such other means.

(13) The Fines Enforcement and Recovery Officer is not required to conduct a hearing for the purposes of making, varying or revoking an enforcement determination.

(14) In this section—

relevant period, in relation to an expiation notice, means—

(a) for the purposes of subsection (2)(a)—

(i) the period ending 90 days after the end of the expiation period; or

(ii) such longer period as the Fines Enforcement and Recovery Officer may allow (provided that the Fines Enforcement and Recovery Officer may not extend the period so as to allow a certificate to be received after the time for commencement of a prosecution against the person for the unexpiated offence or offences to which the certificate relates has expired); and

(b) for the purposes of subsection (2)(b)—the period of 30 days after the day on which the arrangement terminated.

14—Review of enforcement determinations by Court

(1) Subject to this section, if an enforcement determination has been made by the Fines Enforcement and Recovery Officer under section 13 in relation to an expiation notice, the alleged offender may apply to the Court for a review of the determination within 30 days of notice of the determination being given, sent or published under section 13.

(2) The Court may entertain an application made out of time if it thinks good reason exists for doing so.

(3) An application can only be made under this section on the ground that the alleged offender did not commit the offence or offences to which the expiation notice relates.

(4) The Court, after conducting a review of an enforcement determination, may—

(a) confirm the determination; or

(b) vary or revoke the determination,

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

(5) If the Court varies or revokes the determination, the Court must notify the issuing authority of that fact.

(6) If the Court revokes an enforcement determination—

(a) the determination will be taken to be void and of no effect (and section 13(3) is taken never to have applied in relation to the determination); and

(b) any subsequent enforcement action taken under section 14A will be taken to have been revoked.

(7) A decision of the Court made on a review of an enforcement determination is not subject to appeal by the alleged offender.

14A—Enforcement actions by Fines Enforcement and Recovery Officer

(1) If an enforcement determination has been made by the Fines Enforcement and Recovery Officer under section 13 in relation to an expiation notice (and has not been revoked), the Fines Enforcement and Recovery Officer may take enforcement action against the alleged offender to secure payment of the amount due under the notice.

(2) The Fines Enforcement and Recovery Officer may take enforcement action against a person by doing any of the following:

(a) entering into an arrangement, or further arrangement, with the person under section 9(1)(b);

(b) registering a charge on land under Part 9 Division 3 Subdivision 3 of the Criminal Law (Sentencing) Act 1988 or exercising any 1 or more of the powers under Part 9 Division 3 Subdivision 4 or Subdivision 5 of that Act as if—

(i) references to a pecuniary sum were references to the amount due; and

(ii) references to the debtor were references to the person against whom the enforcement action is being taken;

(c) waiving payment of the amount due or any part of the amount due.

(3) If the Fines Enforcement and Recovery Officer takes enforcement action of a kind described in subsection (2)(b), any costs, fees or other charges that would be recoverable by the Fines Enforcement and Recovery Officer under the Criminal Law (Sentencing) Act 1988 in respect of such action are recoverable by the Fines Enforcement and Recovery Officer for the purposes of this Act (and will be added to, and form part of, the amount due).

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

(1) Subject to subsection (2), if any part of an expiation fee remains unpaid by, or unrecovered from, the alleged offender at the end of the expiation period, an amount prescribed by, or calculated in accordance with, the regulations is added to, and forms part of, the amount due under the notice.

(2) The Fines Enforcement and Recovery Officer may, in such circumstances as he or she thinks just, waive payment of the whole or part of an amount payable by an alleged offender in accordance with this section.

27—Amendment of section 15—Effect of expiation

(1) Section 15(4)—delete "an application for relief" and substitute:

the entry into an arrangement

(2) Section 15(5)—after "conviction" insert:

or finding of guilt

28—Amendment of section 16—Withdrawal of expiation notices

(1) Section 16(3)(a)—delete "order has been made under this Act in respect of the offence" and substitute:

determination has been made under section 13 in relation to the expiation notice

(2) Section 16(3)(b)—delete paragraph (b) and substitute:

(b) the period of 60 days from the date of the notice has expired.

(3) Section 16(5)—delete "an instalment or applied for relief under this Act" and substitute:

entered into arrangement under section 9

(4) Section 16(11)(a) and (b)—delete paragraphs (a) and (b) and substitute:

(a) the issuing authority must, if an enforcement determination has been made under section 13, inform the Fines Enforcement and Recovery Officer of the withdrawal of the notice; and

(b) any aggregation determination under section 61 of the Criminal Law (Sentencing) Act 1988 in relation to the notice will be taken to have been revoked; and

(ba) any enforcement determination made under this Act in respect of the notice will be taken to have been revoked (and any subsequent enforcement action is discontinued or rescinded); and

(5) Section 16—after subsection (11) insert:

(11a) If an expiation notice is withdrawn—

(a) after an arrangement has been entered into under section 9 in relation to the notice—section 9(14) is taken never to have applied in relation to that arrangement; or

(b) after an enforcement determination has been made under section 13 in relation to the notice—section 13(3) is taken never to have applied in relation to that determination.

29—Amendment of section 17—Application of payments

Section 17(1)—delete "expiation fees" and substitute:

amounts due under expiation notices (other than any part of such amounts attributable to the levy under the Victims of Crime Act 2001)

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

Sections 18, 18A and 18B—delete the sections and substitute:

18—Provision of information

(1) Each issuing authority must enter into an agreement with the Fines Enforcement and Recovery Officer in relation to—

(a) the manner in which the Fines Enforcement and Recovery Officer is to provide information to the issuing authority in relation to action taken by the Fines Enforcement and Recovery Officer under this Act in respect of an expiation notice issued by the issuing authority; and

(b) the manner in which the issuing authority is to provide information to the Fines Enforcement and Recovery Officer in relation to the issuing of an expiation notice by the issuing authority or any other action taken by the issuing authority in respect of an expiation notice so issued.

(2) An agreement will be taken to contain any provisions prescribed by the regulations.

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

(1) The Minister may from time to time declare an amnesty from the payment of the whole or any part of 1 or more of the following:

(a) costs, fees (other than an expiation fee) and charges under this Act;

(b) costs and fees (other than an expiation fee) under this Act as in force immediately before the commencement of Part 5 of the Statutes Amendment (Fines Enforcement and Recovery) Act 2013.

(2) An amnesty—

(a) must be declared by notice in the Gazette; and

(b) applies—

(i) in relation to an alleged offender, or a class of alleged offenders; and

(ii) to the extent,

specified in the notice; and

(c) is subject to the terms and conditions (if any) set out in the notice.

(3) The Minister may vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette.

18B—Investigation of alleged offender's financial position

(1) The Fines Enforcement and Recovery Officer may, at any time, investigate an alleged offender's means of paying an amount due under an expiation notice and may give a written notice to a person requiring the person to produce to the Fines Enforcement and Recovery Officer, within a period stated in the notice, documents or other material relevant to the investigation.

(2) A notice under subsection (1) may be given personally or by post.

(3) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

18C—Power to require information

(1) If a public sector agency within the meaning of the Public Sector Act 2009 is in possession of the contact details of an alleged offender, the agency must, on request from the Fines Enforcement and Recovery Officer, provide those details to the Fines Enforcement and Recovery Officer.

(2) This section does not apply to a public sector agency excluded from the application of this section by the regulations.

18D—Disclosure of information to prescribed interstate authority

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

18E—Power to require identification

(1) The Fines Enforcement and Recovery Officer may require a person who the Fines Enforcement and Recovery Officer has reasonable cause to suspect may be a person to whom an expiation notice has been given to produce evidence of the person's identity.

(2) A person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

31—Amendment of section 20—Regulations

Section 20—after its present contents (now to be designated as subsection (1) insert:

(2) Without limiting the generality of subsection (1), the regulations may—

(a) prescribe, or provide for the calculation of, any costs, fees or charges for the purposes of this Act;

(b) exempt any person or class of persons from the obligation to pay costs, fees or charges so prescribed;

(c) prescribe penalties, not exceeding $5 000, for breach of, or non-compliance with, a regulation.

(3) The regulations may—

(a) be of general or limited application; and

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

(c) provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any 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; and

(d) 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.

(4) The regulations may make provisions of a savings or transitional nature consequent on the commencement of any provisions of this Act (including provisions of a transitional nature modifying any provisions of this Act).

32—Transitional provisions

(1) Subject to this section and to any regulations made under section 20(4) of the principal Act (as inserted by this Act), the principal Act as in force immediately after the commencement day applies in relation to an expiation notice whether given before or after the commencement day.

(2) If an order for relief has been made in relation to an expiation notice given before the commencement day, the principal Act as in force before the commencement day continues to apply in relation to the expiation notice unless the order for relief is cancelled (in which case the principal Act as in force immediately after the commencement day applies in relation to the expiation notice as if an arrangement under section 9 of the principal Act relating to the expiation notice had terminated).

(3) In this section—

principal Act means the Expiation of Offences Act 1996;

commencement day means the day on which this Part comes into operation.

Part 7—Amendment of Fisheries Management Act 2007

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

Section 104(2) and (3)—delete subsections (2) and (3)

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

Section 108(5)(b)—delete "convicted" and substitute:

found guilty

Part 8—Amendment of Magistrates Court Act 1991

35—Amendment of section 7A—Constitution of Court

Section 7A(2)—after paragraph (b) insert:

(ba) to hear and determine applications for review of enforcement determinations under section 14 of the Expiation of Offences Act 1996; or

36—Amendment of section 9A—Petty Sessions Division

(1) Section 9A(1)(a)—delete paragraph (a)

(2) Section 9A(1)(c)—delete "10 or"

37—Amendment of section 12—Administrative and ancillary staff

Section 12(1)(ab)—delete paragraph (ab)

38—Repeal of section 13A

Section 13A—delete the section

Part 9—Amendment of Motor Vehicles Act 1959

39—Amendment of section 5—Interpretation

Section 5(6)—delete subsection (6)

40—Amendment of section 9—Duty to register

(1) Section 9(1), penalty provision—delete "$2 500" and substitute:

$7 500

(2) Section 9(3), penalty provision—delete "$2 500" and substitute:

$7 500

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

Section 85—after its present contents (now to be designated as subsection (1)) insert:

(2) This section does not apply where the Registrar is required, under any Act or law, 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

(1) Section 93(3a)—delete subsection (3a) and substitute:

(3a) If a person expiates an offence that—

(a) attracts demerit points under this Act; or

(b) is an offence of contravening a condition of a learner's permit, probationary licence or provisional licence,

the Commissioner of Police, the issuing authority (within the meaning of the Expiation of Offences Act 1996) or the Fines Enforcement and Recovery Officer (whoever first becomes aware that the person has expiated the offence) must send to the Registrar notice in writing of the expiation.

(2) Section 93—after subsection (3b) insert:

(3c) If a person is, for the purposes of subsection (3a), taken to have expiated an offence to which that subsection applies on the making of an enforcement determination under the Expiation of Offences Act 1996 and the enforcement determination is subsequently revoked under that Act—

(a) in the case of revocation by a court—the court; or

(b) in any other case—the Fines Enforcement and Recovery Officer,

must forthwith notify the Registrar in writing of the revocation.

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

Section 98B(1a)—delete "granted an order for relief under the Expiation of Offences Act 1996 in respect of an expiation notice for that offence" and substitute:

treated as if he or she has expiated the offence in accordance with the Expiation of Offences Act 1996

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

(1) Section 102(1), penalty provision—delete "$5 000" and substitute:

$10 000

(2) Section 102(2), penalty provision—delete "$5 000" and substitute:

$10 000

45—Amendment of section 145—Regulations

Section 145(1)(n)—delete "$1 250" and substitute:

$2 500

Part 10—Amendment of Summary Procedure Act 1921

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

Section 189A(1)(b)—delete paragraph (b)

Part 11—Amendment of Victims of Crime Act 2001

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

Section 28—after subsection (6) insert:

(7) If a debt arises from a judgment entered in favour of the Crown and against an offender in accordance with this section, the Fines Enforcement and Recovery Officer may take action on behalf of the Crown to recover the debt and for that purpose may, subject to subsection (8), exercise any power or do any thing that the Fines Enforcement and Recovery Officer is authorised or required to exercise or do in relation to an enforcement determination under the Expiation of Offences Act 1996 as if—

(a) the debt that may be recovered from the offender in accordance with this section was the amount due under the expiation notice to which the enforcement determination relates; and

(b) the offender was a person against whom enforcement action was being taken.

(8) The Fines Enforcement and Recovery Officer, in acting under subsection (7) in relation to an offender—

(a) may not enter into an arrangement requiring the offender to complete community service under section 9 of the Expiation of Offences Act 1996; and

(b) may only waive payment under section 14A of that Act with the approval of the Attorney-General.

(9) Section 14B of the Expiation of Offences Act 1996 does not apply to a debt to be recovered under this section.

(10) Section 61 of the Criminal Law (Sentencing) Act 1988 applies in relation to a debt under this section in the same way as it applies to an expiation amount (other than an expiation fee).

48—Amendment of section 32—Imposition of levy

(1) Section 32(5)—after paragraph (c) insert:

(ca) whether the offence is expiated by payment of the expiation fee, or other arrangements in relation to payment of the expiation fee, during the expiation period or otherwise;

(2) Section 32(6)—delete subsection (6) and substitute:

(6) If a levy is payable under this section by a person who expiates an offence, the amount of the levy must be shown on the expiation notice.

Part 12—Amendment of Young Offenders Act 1993

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

Section 49A(b)(ii)—delete "8" and substitute:

7.5
http://www.austlii.edu.au/au/legis/sa/bill/saearb2013502/

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