Monetary Penalties Enforcement Regulations 2018

Monetary Penalties Enforcement Regulations 2018

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Monetary Penalties Enforcement Act 2005 .

C. WARNER

Governor

By Her Excellency's Command,

Elise Archer

Minister for Justice

1.   Short title

These regulations may be cited as the Monetary Penalties Enforcement Regulations 2018 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Monetary Penalties Enforcement Act 2005.

4.   Form of Infringement Notice

For the purposes of section 14(1)(a)(v) of the Act, an infringement notice is to include a contact telephone number for the issuing authority.

5.   Fee for referral of infringement notice to Director

For the purposes of section 18(2)(c) of the Act, the prescribed amount is 30 fee units.

6.   Seizure of prescribed items

For the purposes of section 80 of the Act, the following are prescribed items:

(a) household property of the enforcement debtor that is reasonably necessary for the domestic use of his or her household, having regard to current social standards;

(b) the enforcement debtor's tools of trade;

(c) any property for which the cost of seizure, storage and sale would be likely to exceed the sale price.

7.   Maximum uncollectable amount

For the purposes of section 109(2) of the Act, the maximum amount of a monetary penalty that the Director may deem to be uncollectable is $10,000.

8.   Circumstances in which monetary penalty may be deemed uncollectable

For the purposes of section 109(4) of the Act, the following are circumstances in which the Director may deem a monetary penalty to be uncollectable:

(a) where a fine imposed prior to the commencement of the Act is subject to conditions stipulating when payment, or a payment instalment, is due and the Director is unable to ascertain if the conditions have been met;

(b) where the Director is satisfied that the whereabouts of the offender or enforcement debtor are unknown and cannot be discovered by reasonable inquiry;

(c) where sufficient information to enable the positive identification of the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;

(d) where a current residential or business address for the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;

(e) where the offender or enforcement debtor is deceased;

(f) where the offender or enforcement debtor is a corporation that is being, or has been, liquidated;

(g) where the offender or enforcement debtor resides outside Australia and has no identifiable assets in Australia;

(h) where the amount of the outstanding monetary penalty is less than $10 and the cost of enforcing payment is likely to be more than $10;

(i) where, because of the length of time since the monetary penalty was incurred or other similar circumstances, the Director is satisfied that the monetary penalty may have been paid, or for other reasons should not be enforced.

9.   Prescribed amounts payable

The amounts specified in Schedule 1 are prescribed as the amounts payable under the Act in respect of the matters to which they relate.

10.   Legislation rescinded

The legislation specified in Schedule 2 is rescinded.

SCHEDULE 1 - Prescribed Amounts Payable

Regulation 9

SCHEDULE 2 - Legislation rescinded

Regulation 10

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 March 2018