2019-02-12 Attachment 2 to Item 5 - Updated Delegations

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 Section 15(1)
infringement 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 Section 24(1)
for registration of approval of instalment payments with the State
Penalties Enforcement Registry.
Power, as administering authority, to withdraw an infringement Section 28(1) and (2)
notice at any time before the fine is satisfied in full and take steps
required by 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.
Power, as an employer who pays earnings to an employee for Section 81
whom a fine 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 Section 157(2) State
subsection (2) is evidence of the matter.                    Penalties


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