2017-12-12 S&O Agenda - Attachment 1 to Item 7 - Updated Delegations of Authority

                                                                             ATTACHMENT 1


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:

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 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 at any time before the fine is satisfied in full.
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 administering authority, to state any matter in Section 157(2) State
subsection (2) is evidence of the matter.                    Penalties
Power to approve forms for use as infringement notices.                Section 162




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