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Table Of Contents

Contents (2005 - 57)

Monetary Penalties Enforcement Act 2005

Status information

Long Title

Part 1 - Preliminary

1. Short title

2. Commencement

3. Interpretation

4. Application of Act

5. Act binds Crown

6. Meaning of court

7. Fee-paying public sector bodies and non-fee-paying public sector bodies

Part 2 - Monetary Penalties Enforcement Service

8. Appointment of Director, Monetary Penalties Enforcement Service

9. Director to collect and enforce monetary penalties

10. Functions and powers of Director

11. Delegation

12. Staff

13. Protection from liability

Part 3 - Infringement notices

Division 1 - Infringement notices generally

14. Form of infringement notices

14A. Authorised person may require name, &c.

15. Options for dealing with infringement notice issued by non-fee-paying public sector body

16. Referral to Director of infringement notice served by non-fee-paying public sector body

17. Options for dealing with infringement notice issued by fee-paying public sector body

18. Referral to Director of infringement notice issued by fee-paying public sector body

19. Non-application of certain sections to approved fee-paying public sector bodies

20. Offender taken to have been convicted

21. Election to have matter heard by court

22. Notification or referral to Director to be electronic

Division 2 - Withdrawal of infringement notice

23. Withdrawal of infringement notice

24. Repealed

25. Effect of withdrawal of infringement notice

26. Crown not liable where infringement notice withdrawn or deemed conviction set aside

Division 3 - Variation of payment conditions

27. Application to Director for variation of payment conditions

28. Application to fee-paying public sector body for variation of payment conditions

29. Application for variation of payment conditions not to include MPCSO in certain circumstances

30. Refusal of application for MPCSO

31. Director to refer application

32. Assessment of suitability for MPCSO

33. Issue of MPCSO

34. Requirements of MPCSO

35. Calculation, &c., of community service for default in payment of fine

36. Repealed

37. Payments and application of payments

38. Application of section 36A of Sentencing Act 1997 to MPCSO

Division 4 - Hearing of offence by court

39. Hearing of offence by court

40. Application to court

Part 4 - Notification to Director of issue of fine, payment of fine and related matters

41. Collection of fines

42. Options for person subject to court order imposing fine

43. Director not responsible for civil enforcement

43A. Payment by Director to person entitled to compensation

Part 5 - Enforcement orders

Division 1 - Issue and service of enforcement order

44. Default by person served with infringement notice

45. Default by person subject to order imposing fine

46. Default in paying in accordance with variation of payment notice

46A. Service of enforcement order

Division 2 - Enforcement orders

47. Contents of enforcement order

48. Obligations on enforcement debtor

49. Sanction may be imposed in respect of all monetary penalties

50. Effect of appeal on enforcement order

Division 3 - Suspension of certain enforcement orders

51. Application for suspension of enforcement order

52. Suspension of enforcement order

53. Revocation of suspension of enforcement order

Part 6 - Administrative enforcement

54. Administrative sanctions

55. Suspension of driver licence

56. Registrar to suspend driver licence

57. Suspension of interstate driver licence

58. Effect of suspension of driver licence

59. Suspension of vehicle registration

60. Registrar to suspend vehicle registration

61. Suspension of interstate vehicle registration

62. Effect of suspension of vehicle registration

63. Suspension of prescribed licence

64. Licence issuer to give effect to sanction

65. Publication of name of enforcement debtor

Part 7 - Civil enforcement

Division 1 - Preliminary

66. Civil sanctions

67. Warrant to be signed and sealed

Division 2 - Enforcement warrants imposing charge on land

68. Enforcement warrant imposing charge on registered land

69. Effect of enforcement warrant imposing charge on land

70. Discharge of enforcement warrant issued under this Division

71. No fees or duties payable

72. Offence of dealing with land

Division 3 - Warrants to seize and sell property

73. Enforcement warrant to enable seizure and sale of property

74. Search warrants

75. Process required before entry to warrant premises

76. Refusal, &c., of admission of enforcement officer to warrant premises

77. Property may be excluded from operation of enforcement warrant

78. Occupier entitled to be present during search

79. Powers supporting seizure

80. Seizure of property

81. Receipts for things seized under warrant

82. Offence to interfere with seized item

83. Enforcement officer to provide certificate on execution of warrant

Division 4 - Redirection of money owing to enforcement debtor

84. Issue of order for redirection of money owing

85. Director may cancel or vary redirection of money owing orders

86. When Director may issue order for redirection of earnings

87. Two or more employers of one employee

88. Amount to be deducted

89. Provisions for working out earnings for section 88

90. Additional duties of employers

91. Discharge of enforcement debtor's liability to Director and employer's liability to enforcement debtor

92. Payment by trustees of deducted amounts

93. Employers not to prejudice employees because of action under this part

94. Employers not to disclose information, &c.

95. Records to be kept by employers

96. Access to premises, &c.

97. Order of payment if 2 or more amounts due

98. Order to redirect debt owed to enforcement debtor

99. Debt to enforcement debtor discharged

Division 5 - General provisions

100. Power of person executing enforcement warrant or search warrant

101. Offence of obstructing enforcement officer

102. Obligation to provide information

Part 8 - Imprisonment

103. Issue of warrant of commitment

104. Director may suspend execution of the warrant of commitment

Part 9 - Reciprocal enforcement

105. Enforcement of Tasmanian monetary penalty by reciprocating court

106. Enforcement of monetary penalty imposed by reciprocating court

107. Declaration of reciprocating court

108. Director taken to be officer of court

Part 10 - Miscellaneous

Division 1 - Uncollectable amounts

109. Amount may be deemed to be uncollectable

Division 2 - Miscellaneous

110. Electronic transmission of particular documents

111. Order of satisfaction of monetary penalties

112. Order of satisfaction if more than one monetary penalty payable

112A. Penalty may be increased if enforcement action is required

113. Dishonoured cheques, &c.

114. Use of personal information

115. Information from Commissioner of Tasmania Police

116. Information from public sector bodies

117. Deductions from awards made under Victims of Crime Assistance Act 1976

118. Change of address to be notified

119. Orders, &c., to be taken to be issued by court

120. Non-reviewable decision

121. Annual report

121A. Evidentiary certificate

122. Savings and transitional provisions

123. Regulations

124. Administration of Act

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Monetary Penalties Enforcement Act 2005

Version current from 1 March 2014 to 30 March 2017 (accessed 15 April 2025 at 13:15)

Status Information

Currency of version

Version current from 1 March 2014 to 30 March 2017 (accessed 15 April 2025 at 13:15)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

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Responsible Minister and Department

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File last modified 20 June 2023

Tasmanian Legislation Tasmania's consolidated legislation online

Monetary Penalties Enforcement Act 2005

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online