2014-07-22 Planning & Organisation Committee Agenda Item 13 Attachment 1

                                                                             ATTACHMENT 1




DELEGATION OF AUTHORITY
TITLE: STATE PENALTIES ENFORCEMENT                                          Delegation No: 2009-36


Delegation by the Council to:                                  Date:
Chief Executive Officer

Delegation by the Chief Executive Officer to:                  Date approved:

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 (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 Section 28(1)
notice.
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.
Power to approve forms for use as infringement notices.                Section 162




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