2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

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 Enforcement       Section 33(1)
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, as an employer who pays earnings to an employee for whom a fine Section 81
collection notice for redirection of the enforcement debtor’s earnings is in
force, to when paying the earnings, deduct an amount from the earnings
as required under Part 5, Division 4.
Power, as an administering authority, to state any matter in subsection (2)      Section 157(2)
is evidence of the matter.


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