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FACT SHEET
Monetary Penalties Enforcement Amendment Bill 2010
This Bill amends the Monetary Penalties Enforcement Act 2005 (MPEA) to
clarify and streamline its operation. The amendments are generally
minor and ensure that the Act accurately reflects actual practice.
In addition the Bill makes a number of consequential amendments to
other legislation to achieve consistency with the Monetary Penalties
Enforcement Act 2005 including:
the Crime (Confiscation of Profits) Act 1993 to reflect the fact that a
pecuniary penalty order is now included in the definition of a fine in
the MPEA.
the Local Government (Highways) Act 1982 so that a person other
than the registered operator may be issued with an infringement
notice where that person has been named in a statutory declaration
as the driver or person in charge of a vehicle which was involved in
an alleged offence; and
the Road Safety (Alcohol and Drugs) Act. 1970 to insert a provision
to the effect that subsections 6(2) and (3) of the Road Safety (Alcohol
and Drugs) Act 1970 do not apply by reason only of the suspension of
a driver licence for non-payment of a monetary penalty under Part 6
of MPEA; and
the Sentencing Act 1997 to reflect the current procedure of referring
fines and compensation orders made by the Court of Petty Sessions
to the Director, MPES for collection and enforcement (section 45).
the Annulled Convictions Act 2003; Inland Fisheries Act 1995; Living
Marine Resources Management Act 1995; Radiation Protection Act 2005;
and Trade Measurement (Tasmania) Administration Regulations 2000 - to
make their language consistent with the Monetary Penalties
Enforcement Act 2005.