2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

DELEGATION OF AUTHORITY
TITLE:         STATE PENALTIES ENFORCEMENT

Delegation by the Council to:                                  Date:
Chief Executive Officer

Source of Authority:
Local Government Act 2009 – Section 257
State Penalties Enforcement Act 1999



Delegated Power:
  1. To exercise powers of the Council pursuant to the State Penalties Enforcement Act
     1999.


DESCRIPTION OF POWER DELEGATED                                          LEGISLATION

Power, as administering authority, to approve a form for an infringement Section 15(1)
notice.
Power, as administering authority, to approve (or refuse where the Section 23
conditions in this section have not been complied with) an application
for payment of a fine by instalments.
Power, as administering authority, to submit particulars required for Section 24(1)
registration of approval of instalment payments with the State Penalties
Enforcement Registry.
Power, as administering authority, to withdraw an infringement notice at Section 28(1) and
any time before the fine is satisfied in full and take steps required by (2)
subsection (2).
Power, as administering authority, to give the State Penalties Section 33(1)
Enforcement Registry a default certificate for registration in respect of
any recipient of an infringement notice who has not taken action within
the time period provided by the infringement notice.
Power, as administering authority, to                                 Section 57(5)
   (a)      commence proceedings against an applicant for an offence;
            or
   (b)      accept payment of the fine in full; or
   (c)      issue a fresh infringement notice
where the registrar has cancelled an enforcement notice and referred
the matter back to Council.




                                                                               Page 124 of 147