{"id":"BILL-TAS-monetary-penalties-enforcement-amendment-bill-2026-16-of-2026","name":"Monetary Penalties Enforcement Amendment Bill 2026","slug":"monetary-penalties-enforcement-amendment-bill-2026","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446195,"registerId":"BILL-TAS-monetary-penalties-enforcement-amendment-bill-2026-16-of-2026:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:35.941Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Monetary Penalties Enforcement Amendment Bill 2026\n\n[Bill 16]-V\nTASMANIA\n__________\nMONETARY PENALTIES ENFORCEMENT\nAMENDMENT BILL 2026\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\nPART 2 – MONETARY PENALTIES ENFORCEMENT ACT 2005\nAMENDED\n3. Principal Act\n4. Section 54 amended (Administrative sanctions)\n5. Section 65 repealed\n6. Section 84 amended (Issue of order for redirection of money\nowing)\n7. Section 85 amended (Director may cancel or vary redirection of\nmoney owing orders)\n8. Section 86 amended (When Director may issue order for\nredirection of earnings)\n9. Section 90A inserted\n90A. Director to be notified of significant change in\nemployment\n10. Section 94 amended (Employers not to disclose information,\n&c.)\n11. Sections 99A and 99B inserted\n\n2\n99A. Director to have regard to enforcement debtor’s\nfinancial circumstances\n99B. Obligations of authorised deposit-taking institutions\n12. Section 101 amended (Offence of obstructing enforcement\nofficer)\n13. Part 9A inserted\nPART 9A – Interstate Fine Enforcement\nDivision 1 – Interpretation\n108A. Interpretation of Part\n108B. Relevant connection of offender with a jurisdiction\nDivision 2 – Enforcement of interstate fines in Tasmania\n108C. Power to make interstate fine enforcement orders\n108D. Effect of interstate fine enforcement order\n108E. Request for interstate fine enforcement order\n108F. Form of interstate fine enforcement order\n108G. Amendment or withdrawal of request for interstate\nfine enforcement order\n108H. Amendment or withdrawal of interstate fine\nenforcement order\n108I. Effect of amendment or withdrawal of interstate fine\nenforcement order\n108J. Director may cease enforcement of interstate fine\nenforcement order\n108K. Enforcement costs payable under interstate fine\nenforcement orders\n108L. Application of amounts recovered\nDivision 3 – Enforcement of Tasmanian enforcement orders\nin participating jurisdictions\n108M. Director may request enforcement of Tasmanian\nenforcement order\n108N. Notification of payments made in this jurisdiction\nDivision 4 – Relationship with Part 9\n108O. Relationship with Part 9\n14. Section 109 amended (Amount may be deemed to be\nuncollectable)\n15. Section 110 substituted\n110. Director may approve use of information system\n16. Section 115 amended (Information from Commissioner of\nTasmania Police)\n17. Sections 116A and 116B inserted\n116A. Director may request information\n\n3\n116B. Service on, or provision to, a person of information\nor documents\n18. Section 117 amended (Deductions from awards made under\nVictims of Crime Assistance Act 1976)\n19. Section 121 substituted\n121. Annual report\nPART 3 – MONETARY PENALTIES ENFORCEMENT ACT 2005\nFURTHER AMENDED\n20. Principal Act\n21. Section 3 amended (Interpretation)\n22. Section 98 amended (Order to redirect debt owed to enforcement\ndebtor)\n23. Section 98A inserted\n98A. Money in account taken to be debt owed to\nenforcement debtor\nPART 4 – REPEAL OF ACT\n24. Repeal of Act\n\n4\n\n[Bill 16] 5\nMONETARY PENALTIES ENFORCEMENT\nAMENDMENT BILL 2026\n(Brought in by the Minister for Justice, Corrections and\nRehabilitation, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Monetary Penalties Enforcement Act\n2005\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Monetary Penalties\nEnforcement Amendment Act 2026.\n2. Commencement\n(1) Except as provided by subsection (2), this Act\ncommences on a day to be proclaimed.\n(2) This section, section 1 and Part 3 are taken to\nhave commenced on 28 April 2008.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 3 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n6\nPART 2 – MONETARY PENALTIES ENFORCEMENT\nACT 2005 AMENDED\n3. Principal Act\nIn this Part, the Monetary Penalties Enforcement\nAct 2005* is referred to as the Principal Act.\n4. Section 54 amended (Administrative sanctions)\nSection 54(1) of the Principal Act is amended as\nfollows:\n(a) by omitting from paragraph (f) “Act;”\nand substituting “Act.”;\n(b) by omitting paragraph (g).\n5. Section 65 repealed\nSection 65 of the Principal Act is repealed.\n6. Section 84 amended (Issue of order for redirection\nof money owing)\nSection 84 of the Principal Act is amended by\ninserting after subsection (2) the following\nsubsection:\n(3) The Director must, as soon as practicable\nafter issuing a redirection of money\n_______________________________________________________________\n*No. 57 of 2005\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 7\n7\nowing order, serve a copy of the order on\nthe enforcement debtor.\n7. Section 85 amended (Director may cancel or vary\nredirection of money owing orders)\nSection 85 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (2)(b)\n“order was issued.” and substituting\n“order was issued; or”;\n(b) by inserting the following paragraph after\nparagraph (b) in subsection (2):\n(c) the redirection of money owing\norder is causing the applicant\nunreasonable hardship.\n(c) by omitting from subsection (4) “he or\nshe may cancel or vary the relevant\nredirection of money owing order” and\nsubstituting “the Director may cancel or\nvary the relevant redirection of money\nowing order, having regard to any matter\nthat the Director considers relevant,\nincluding whether the order is causing\nthe enforcement debtor unreasonable\nhardship”.\n8. Section 86 amended (When Director may issue\norder for redirection of earnings)\nSection 86 of the Principal Act is amended as\nfollows:\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 8 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n8\n(a) by omitting subsection (1) and\nsubstituting the following subsections:\n(1) Subject to subsection (2), the\nDirector may issue an order for\nthe redirection of an enforcement\ndebtor’s earnings to –\n(a) the employer of the\nenforcement debtor; or\n(b) a person who is liable to\nmake payments to the\nenforcement debtor for\nthe provision of services\nby the enforcement\ndebtor.\n(1A) In this section, a reference to an\nenforcement debtor’s earnings\nincludes amounts payable to the\nenforcement debtor for the\npersonal services of the\nenforcement debtor, including\nunder a contract for services,\nwhether or not the enforcement\ndebtor carries on business as a\nsole trader or otherwise.\n(b) by omitting from subsection (2) “may\nonly issue an order for redirection of the\nenforcement debtor’s earnings if he or\nshe is satisfied of the following:” and\nsubstituting “must not issue an order\nunder subsection (1) unless the Director\nis satisfied of the following:”;\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 9\n9\n(c) by omitting paragraph (a) from\nsubsection (2) and substituting the\nfollowing paragraph:\n(a) that the person to whom the order\nis issued is –\n(i) the enforcement debtor’s\nemployer; or\n(ii) a person who is liable to\nmake payments to the\nenforcement debtor for\nthe provision of services\nby the enforcement\ndebtor;\n(d) by omitting from subsection (3)\n“employer” and substituting “person to\nwhom the order was issued”.\n9. Section 90A inserted\nAfter section 90 of the Principal Act, the\nfollowing section is inserted in Division 4:\n90A. Director to be notified of significant change\nin employment\nAn enforcement debtor and the\nenforcement debtor’s employer must\ngive written notice to the Director of any\nsignificant change in the employment of\nthe enforcement debtor that is likely to\naffect an order for the redirection of the\nenforcement debtor’s earnings issued\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 10 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n10\nunder section 86 within 14 days after the\nsignificant change occurs.\nPenalty: Fine not exceeding 15 penalty\nunits.\n10. Section 94 amended (Employers not to disclose\ninformation, &c.)\nSection 94 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1)(b)\n“enforcement debtor.” and substituting\n“enforcement debtor; or”;\n(b) by inserting the following paragraph after\nparagraph (b) in subsection (1):\n(c) a person who is liable to make\npayments to an enforcement\ndebtor for the provision of\nservices by the enforcement\ndebtor.\n(c) by inserting the following subsection\nafter subsection (1):\n(1A) For the purposes of\nsubsection (1)(c), payments for\nthe provision of services include\namounts payable under a contract\nfor services, whether or not the\nenforcement debtor carries on\nbusiness as a sole trader or\notherwise.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 11\n11\n11. Sections 99A and 99B inserted\nAfter section 99 of the Principal Act, the\nfollowing sections are inserted in Division 4:\n99A. Director to have regard to enforcement\ndebtor’s financial circumstances\nIn deciding whether to issue a redirection\nof money owing order under section\n84(2)(b) to redirect all or part of a debt\nowed to an enforcement debtor, the\nDirector is to consider any evidence\nbefore the Director that is relevant to –\n(a) the enforcement debtor’s ability\nto satisfy the debt; and\n(b) the enforcement debtor’s\nnecessary living expenses; and\n(c) any other liabilities of the\nenforcement debtor.\n99B. Obligations of authorised deposit-taking\ninstitutions\n(1) This section applies to an ADI that has\nbeen served by the Director with a\nredirection of money owing order.\n(2) An ADI must deduct from the account\nheld by the enforcement debtor, in\nrespect of whom the redirection of\nmoney owing order has been issued, the\namount specified in the order.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 12 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n12\nPenalty: Fine not exceeding 20 penalty\nunits.\n(3) An ADI must pay the money deducted\nunder subsection (2) to the Director\nwithin 2 days after being served with the\nredirection of money owing order.\nPenalty: Fine not exceeding 20 penalty\nunits.\n(4) Unless required under a redirection of\nmoney owing order to deduct an amount\nfrom a particular account held by the\nenforcement debtor with the ADI –\n(a) the ADI may choose the account\nfrom which to deduct the amount;\nand\n(b) the ADI may deduct the amount\nby deducting lesser amounts from\n2 or more accounts held by the\nenforcement debtor.\n12. Section 101 amended (Offence of obstructing\nenforcement officer)\nSection 101 of the Principal Act is amended as\nfollows:\n(a) by inserting in paragraph (a) “or the\nDirector” after “an enforcement officer”;\n(b) by omitting from paragraph (a)(i) “his or\nher” and substituting “the enforcement\nofficer’s or the Director’s”;\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n13\n(c) by inserting in paragraph (a)(ii) “or the\nDirector” after “officer”;\n(d) by inserting in paragraph (b) “or the\nDirector” after “officer”.\n13. Part 9A inserted\nAfter section 108 of the Principal Act, the\nfollowing Part is inserted:\nPART 9A – INTERSTATE FINE ENFORCEMENT\nDivision 1 – Interpretation\n108A. Interpretation of Part\n(1) In this Part –\nanother jurisdiction means a State or\na Territory other than Tasmania;\ndischarged, in relation to an interstate\nfine or part of such a fine, means\ndischarged because of payment,\nremission, pardon or otherwise;\ninterstate fine means a fine or other\nmonetary amount that is payable\nby a person under an order in\nforce under the law of another\njurisdiction for one or more\noffences, or alleged offences,\nagainst the law of that\njurisdiction, and includes –\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n14\n(a) any costs (including\nexpenses or\ndisbursements) payable\nby the person under the\norder; and\n(b) such other amounts (if\nany) as may be\nprescribed;\ninterstate fine enforcement authority\nfor an interstate fine means a\ncourt, government department or\nother agency (or an officer of a\ncourt, government department or\nother agency) that is responsible\nfor the enforcement of the\ninterstate fine in the originating\njurisdiction;\ninterstate fine enforcement order\nmeans an order under section\n108C;\noffender, in relation to an interstate\nfine or a Tasmanian monetary\npenalty, means the person on\nwhom the interstate fine or\nmonetary penalty was imposed;\norder includes –\n(a) a verdict or judgment; and\n(b) a notice requiring the\npayment of a fine for an\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n15\noffence or alleged\noffence;\noriginating jurisdiction means the\njurisdiction in which the order\nunder which an interstate fine is\npayable was made;\nparticipating jurisdiction means\nanother jurisdiction –\n(a) in which Tasmanian\nenforcement orders may\nbe enforced under the law\nof that jurisdiction; or\n(b) that is prescribed to be a\nparticipating jurisdiction\nfor the purposes of this\nPart;\nTasmanian enforcement order means\nan enforcement order in relation\nto a Tasmanian monetary penalty;\nTasmanian monetary penalty means a\nmonetary penalty for which\nTasmania is the originating\njurisdiction.\n(2) If a provision of this Part confers a\nfunction on the originating jurisdiction\nfor an interstate fine, that function may\nbe exercised by –\n(a) an interstate fine enforcement\nauthority for the interstate fine; or\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n16\n(b) any other body or person that the\nDirector is satisfied is authorised\nto exercise the function on behalf\nof the originating jurisdiction.\n108B. Relevant connection of offender with a\njurisdiction\nFor the purposes of this Part, an offender\nhas a relevant connection with a\njurisdiction if the offender has any one or\nmore of the following connections with\nthe jurisdiction:\n(a) the offender is resident in the\njurisdiction;\n(b) the offender holds a licence or\npermit to drive a motor vehicle\nissued in the jurisdiction;\n(c) the offender has debts owing to\nthe offender in the jurisdiction in\nrespect of which an order for the\nredirection of money owing could\nbe issued;\n(d) the offender has a motor vehicle\nthat is registered in the\njurisdiction;\n(e) the offender has property that is\nlocated in the jurisdiction;\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n17\n(f) the offender has such other\nconnection with the jurisdiction\nas may be prescribed.\nDivision 2 – Enforcement of interstate fines in Tasmania\n108C. Power to make interstate fine enforcement\norders\n(1) The Director may make an order (an\ninterstate fine enforcement order) for the\nenforcement of an interstate fine in this\njurisdiction.\n(2) An interstate fine enforcement order may\nbe made in relation to an interstate fine\nonly if –\n(a) the originating jurisdiction for the\ninterstate fine is a participating\njurisdiction; and\n(b) a request for the order has been\nduly made under this Part by the\ninterstate fine enforcement\nauthority for the interstate fine;\nand\n(c) Part 7 of the Service and\nExecution of Process Act 1992 of\nthe Commonwealth does not\napply to the fine.\n(3) A single interstate fine enforcement order\nmay be made for the enforcement of 2 or\nmore interstate fines payable by a person.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n18\n(4) An interstate fine enforcement order may\nbe made in the absence of, and without\nprior notice to, the person liable to pay\nthe interstate fine.\n(5) The Director must not make an interstate\nfine enforcement order unless the\noriginating jurisdiction for the interstate\nfine, or a person or body acting on its\nbehalf, is required (whether because of\nstatutory duty, agreement or otherwise)\nto notify the Director if the interstate fine\nis partially or fully paid in the originating\njurisdiction.\n108D. Effect of interstate fine enforcement order\nThis Act, other than Part 8, applies to the\nenforcement of an interstate fine\nfollowing the making of an interstate fine\nenforcement order in the same way as it\napplies to a fine following the making of\na Tasmanian enforcement order.\n108E. Request for interstate fine enforcement\norder\n(1) The originating jurisdiction for an\ninterstate fine may request the Director to\nmake an interstate fine enforcement order\nin relation to the fine if –\n(a) the liability of the offender to pay\nthe fine has not been fully\ndischarged; and\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n19\n(b) there is reason to believe that the\noffender has a relevant\nconnection with this jurisdiction.\n(2) The request must –\n(a) be made in writing; and\n(b) include all information required\nby the Director to make an\ninterstate fine enforcement order.\n(3) A request for the making of an interstate\nfine enforcement order is to be made by\nelectronic means unless otherwise agreed\nwith the Director.\n(4) A single request may be made in relation\nto more than one interstate fine, in which\ncase this section applies to each of the\nfines to which that request relates.\n(5) A request may not be made under this\nsection in relation to an interstate fine\nif –\n(a) action to enforce the fine is being\ntaken in another jurisdiction; or\n(b) Part 7 of the Service and\nExecution of Process Act 1992 of\nthe Commonwealth applies to the\nfine.","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Monetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n20\n108F. Form of interstate fine enforcement order\nAn interstate fine enforcement order\nmust specify the following matters:\n(a) the offender’s name, address and\ndate of birth (if known);\n(b) a description of the offence, or\nalleged offence, in respect of\nwhich each interstate fine to\nwhich the order applies was\nimposed;\n(c) the originating jurisdiction and\nthe name of the interstate fine\nenforcement authority that\nrequested the making of the\norder;\n(d) the date on which each interstate\nfine was imposed;\n(e) the amount required to be paid,\nbeing the amount of the interstate\nfine that remains to be paid,\ntogether with specified\nenforcement costs payable in this\njurisdiction.\n108G. Amendment or withdrawal of request for\ninterstate fine enforcement order\n(1) The originating jurisdiction for an\ninterstate fine may, at any time and by\nnotice in writing to the Director, request\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n21\nthe Director to amend or withdraw an\ninterstate fine enforcement order for the\ninterstate fine.\n(2) A request is to be made by electronic\nmeans unless otherwise agreed with the\nDirector.\n(3) A request must include all information\nrequired by the Director to amend or\nwithdraw the order.\n(4) A request may be made whether or not\nthe interstate fine has been paid.\n(5) A notice given to the Director, by the\noriginating jurisdiction in relation to an\ninterstate fine, to the effect that the\ninterstate fine has been partially or fully\npaid in the originating jurisdiction is\ntaken –\n(a) to be a request for amendment of\nany interstate fine enforcement\norder that applies to the interstate\nfine (if the interstate fine has been\npartially paid); or\n(b) to be a request for the withdrawal\nof an interstate fine enforcement\norder that applies to the interstate\nfine or, if the order relates to\nmore than one interstate fine, for\nthe partial withdrawal of the\norder as it relates to that\nparticular interstate fine (if the\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n22\ninterstate fine has been fully\npaid).\n108H. Amendment or withdrawal of interstate fine\nenforcement order\n(1) The Director may (and, if requested by\nthe originating jurisdiction for the\ninterstate fine, must) amend an interstate\nfine enforcement order –\n(a) to reduce the amount that is\npayable under the order to\nrecognise payments made in the\noriginating jurisdiction to\npartially discharge the fine; or\n(b) to otherwise correct an error.\n(2) The Director may withdraw an interstate\nfine enforcement order if satisfied that –\n(a) the liability of the offender to pay\nan interstate fine to which the\norder applies has been fully\ndischarged (otherwise than by\npayment to the Director); or\n(b) the person named in the order is\nnot the same person as the person\non whom a fine to which the\norder applies was imposed; or\n(c) the order was otherwise made in\nerror.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n23\n(3) An interstate fine enforcement order may\nbe completely withdrawn or partially\nwithdrawn to the extent that it applies to\na particular fine.\n(4) An interstate fine enforcement order\nmust be withdrawn, or partially\nwithdrawn, in accordance with any\nrequest for withdrawal made by the\noriginating jurisdiction for the interstate\nfine.\n(5) The Director is to provide written\nconfirmation to the originating\njurisdiction that an interstate fine\nenforcement order has been withdrawn or\namended in accordance with a request\nduly made by that jurisdiction.\n108I. Effect of amendment or withdrawal of\ninterstate fine enforcement order\n(1) If an interstate fine enforcement order is\namended –\n(a) the order continues to have effect\nin its amended form; and\n(b) any enforcement action already\ntaken is to be reversed, unless the\nsame enforcement action is\nauthorised under the order (as\namended), a Tasmanian\nenforcement order or another\ninterstate fine enforcement order;\nand\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n24\n(c) any amount that has already been\npaid under the order is taken to\nhave been paid under the order\n(as amended); and\n(d) any excess amount paid is\nrepayable to the person by whom\nit was paid.\n(2) If an interstate fine enforcement order is\nwithdrawn completely –\n(a) the order then ceases to have\neffect; and\n(b) any enforcement action already\ntaken is to be reversed, unless the\nsame enforcement action is\nauthorised under a Tasmanian\nenforcement order or another\ninterstate fine enforcement order;\nand\n(c) enforcement costs are not payable\nunder the order; and\n(d) any excess amount paid is\nrepayable to the person by whom\nit was paid.\n(3) If an interstate fine enforcement order is\npartially withdrawn to the extent that it\napplies to a particular fine –\n(a) the order continues to have effect\nin respect of any remaining\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n25\ninterstate fine to which it applies;\nand\n(b) any excess amount paid is\nrepayable to the person by whom\nit was paid.\n(4) The withdrawal of an interstate fine\nenforcement order does not prevent the\nmaking of a further order in respect of\nthe interstate fine.\n(5) In this section, an excess amount paid is\nany amount paid in excess of the total of\nthe following:\n(a) the enforcement costs (if any)\npayable under the interstate fine\nenforcement order;\n(b) the amounts payable under any\nTasmanian enforcement orders in\nforce in relation to the offender;\n(c) if the interstate fine enforcement\norder is amended or partially\nwithdrawn, the amount payable\nunder the order as in force after\nits amendment or partial\nwithdrawal.\n108J. Director may cease enforcement of interstate\nfine enforcement order\n(1) The Director may, at any time, by notice\ngiven to the interstate fine enforcement\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n26\nauthority for an interstate fine, cease the\nenforcement of an interstate fine\nenforcement order.\n(2) On receipt of the notice by the interstate\nfine enforcement authority for an\ninterstate fine, responsibility for\nenforcement of the interstate fine\nenforcement order returns to that\nauthority.\n108K. Enforcement costs payable under interstate\nfine enforcement orders\n(1) The regulations may prescribe amounts\nas enforcement costs for interstate fine\nenforcement orders.\n(2) Any amount prescribed under subsection\n(1) is payable in addition to any other\nenforcement costs payable under this\nAct.\n108L. Application of amounts recovered\n(1) Any amount recovered as a consequence\nof the making of an interstate fine\nenforcement order is to be applied as\nfollows:\n(a) firstly, towards enforcement costs\npayable under the interstate fine\nenforcement order;\n(b) secondly, towards the amount\npayable under any Tasmanian\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n27\nenforcement order in force in\nrelation to the offender;\n(c) thirdly, towards the amount\npayable under the interstate fine\nto which the interstate fine\nenforcement order applies.\n(2) The Director and an interstate fine\nenforcement authority for an interstate\nfine to which an interstate fine\nenforcement order applies may enter into\narrangements for the payment to the\nauthority or its nominee of any amounts\nthat are payable under this section\ntowards the interstate fine.\nDivision 3 – Enforcement of Tasmanian enforcement\norders in participating jurisdictions\n108M. Director may request enforcement of\nTasmanian enforcement order\n(1) The Director is authorised –\n(a) to make a request in accordance\nwith the law of a participating\njurisdiction for the enforcement\nin that jurisdiction of a\nTasmanian enforcement order;\nand\n(b) to request the amendment or\nwithdrawal of enforcement action\nin that jurisdiction in accordance\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 13 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n28\nwith the law of the participating\njurisdiction; and\n(c) to exercise the functions of a fine\nenforcement officer under Part 7\nof the Service and Execution of\nProcess Act 1992 of the\nCommonwealth.\n(2) The Director may make a request for the\nenforcement of a Tasmanian enforcement\norder in a participating jurisdiction only\nif –\n(a) the liability of the offender to pay\nthe Tasmanian monetary penalty\nto which the Tasmanian\nenforcement order applies has not\nbeen fully discharged; and\n(b) the Director is satisfied that\nenforcement action under this Act\nhas not been successful or is\nlikely to be unsuccessful; and\n(c) there is reason to believe that the\noffender has a relevant\nconnection with the participating\njurisdiction; and\n(d) no other enforcement action is\nbeing taken in relation to the\norder in any other participating\njurisdiction.\n(3) Subsection (2) does not affect any\nadditional requirements that apply to a\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 13\n29\nrequest for registration of a monetary\npenalty as a fine under Part 7 of the\nService and Execution of Process Act\n1992 of the Commonwealth.\n(4) The Director may enter into\narrangements with a participating\njurisdiction for the payment to the\nDirector or the Director’s nominee of any\namounts that are recovered in that\njurisdiction in the enforcement of a\nTasmanian enforcement order.\n(5) Any amount recovered as a consequence\nof the enforcement in another jurisdiction\nof a Tasmanian enforcement order (other\nthan for enforcement costs) is to be dealt\nwith as if the amount had been paid on\nthe imposition of the Tasmanian\nmonetary penalty.\n(6) For the purposes of this section, a\nrequest, for registration of a Tasmanian\nmonetary penalty in another jurisdiction\nas a fine under Part 7 of the Service and\nExecution of Process Act 1992 of the\nCommonwealth, is taken to be a request\nfor enforcement of a Tasmanian\nenforcement order.\n108N. Notification of payments made in this\njurisdiction\nThe Director must notify a participating\njurisdiction of any payment made in this\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 14 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n30\njurisdiction in relation to a Tasmanian\nmonetary penalty –\n(a) after the Director requests\nenforcement action in relation to\nthe monetary penalty in the\nparticipating jurisdiction; or\n(b) after the monetary penalty is\nregistered in that jurisdiction as a\nfine under Part 7 of the Service\nand Execution of Process Act\n1992 of the Commonwealth.\nDivision 4 – Relationship with Part 9\n108O. Relationship with Part 9\nThe provisions of this Part are in addition\nto, and do not derogate from, the\nprovisions of Part 9.\n14. Section 109 amended (Amount may be deemed to be\nuncollectable)\nSection 109 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (2) “the\nprescribed amount” and substituting\n“$50 000 or a higher amount as may be\nprescribed”;\n(b) by inserting the following subsection\nafter subsection (3):\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 15\n31\n(3A) The Director may deem a\nmonetary penalty to be\nuncollectable if the Director is\nsatisfied that –\n(a) the enforcement debtor is\ndeceased; or\n(b) the enforcement debtor is\na corporation within the\nmeaning of the\nCorporations Act 2001 of\nthe Commonwealth and –\n(i) is in liquidation;\nor\n(ii) has been\nderegistered under\nthe Corporations\nAct 2001 of the\nCommonwealth.\n(c) by inserting the following subsection\nafter subsection (4):\n(4A) In respect of an interstate fine, the\nDirector may deem as\nuncollectable only the costs\nincurred by the Director in\nenforcing the interstate fine.\n15. Section 110 substituted\nSection 110 of the Principal Act is repealed and\nthe following section is substituted:\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 15 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n32\n110. Director may approve use of information\nsystem\n(1) The Director may approve and use a\nsystem (an information system) for any\none or more of the following purposes:\n(a) enabling or facilitating electronic\ncommunication between the\nDirector and an issuing authority;\n(b) enabling or facilitating electronic\ncommunication between the\nDirector and an enforcement\ndebtor or other person;\n(c) enabling an enforcement debtor,\nor other person, to access,\nmanage or update their account\ninformation, including to make\npayments or enter into payment\narrangements;\n(d) generating, storing, processing or\nissuing decisions of the Director\nthat are authorised by or under\nthis Act, other than a decision of\na prescribed kind;\n(e) enabling decisions referred to in\nparagraph (d) to be generated\nautomatically, in accordance with\napproval criteria or operational\nparameters approved for that\npurpose.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 15\n33\n(2) A decision generated by an information\nsystem under subsection (1)(d) or (e) is\ntaken to be a decision made by the\nDirector.\n(3) Without limiting subsection (1), an\ninformation system approved under this\nsection may be operated so as to enable\naccess and functionality on a continuous\nbasis, including outside ordinary business\nhours and on any day of the year.\n(4) The Director may determine operational\nrequirements and safeguards in relation\nto the use of an approved information\nsystem, including in relation to –\n(a) the conditions under which\nautomatic decision-making may\noccur; and\n(b) security and access controls; and\n(c) record-keeping, traceability and\naudit requirements; and\n(d) notification requirements in\nrelation to decisions or\ncommunications generated by the\ninformation system.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 16 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n34\n16. Section 115 amended (Information from\nCommissioner of Tasmania Police)\nSection 115 of the Principal Act is amended by\nomitting subsections (1) and (2) and substituting\nthe following subsections:\n(1) The Commissioner of Police may, on the\nDirector’s written request, disclose to the\nDirector information in the possession of\nthe Police Service about –\n(a) a specified person, for the\npurpose of enabling the Director\nto take action against the person\nto enforce payment of an amount\nunder this Act; or\n(b) a person to whom a debt is, or\nmay be, owed under this Act, for\nthe purpose of identifying or\nlocating that person.\n(2) The Commissioner of Police may\ndisclose the following information under\nsubsection (1):\n(a) information about the following\nmatters, only if it is relevant to\nassessing the risk to the safety of\nenforcement officers in the\nperformance of their duties under\nthis Act and if the disclosure does\nnot include information relating\nsolely to a victim or complainant,\nexcept to the extent that it is\nrelevant to such a safety risk:\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 16\n35\n(i) the person’s criminal\nhistory indicating a risk of\nviolence or aggression;\n(ii) threats, violence or\naggressive behaviour\ncommitted by the person,\nor involving the person in\na way that poses a safety\nrisk to enforcement\nofficers, whether or not\nthe person has been\ncharged with, or\nconvicted of, an offence\nin relation to the conduct;\n(iii) any firearms licence\nissued to, or refused to,\nthe person, or to any\nperson residing at the\nsame address;\n(iv) any assets of the person\nknown to the\nCommissioner of Police;\n(b) the person’s address;\n(c) the person’s telephone number or\nother contact details, including\nany email address known to the\nCommissioner of Police.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 17 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n36\n17. Sections 116A and 116B inserted\nAfter section 116 of the Principal Act, the\nfollowing sections are inserted in Division 2:\n116A. Director may request information\n(1) The Director, for the purposes of\nadministering or enforcing this Act, may\nby written notice require any person to\nprovide –\n(a) information known to the person\nabout a specified matter within a\nspecified reasonable period and in\na specified reasonable way; or\n(b) a document about a specified\nmatter in the person’s possession\nor control within a specified\nreasonable period and in a\nspecified reasonable way.\n(2) A person must comply with a\nrequirement under this section unless the\nperson has a reasonable excuse,\nincluding but not limited to a legal\nobligation not to disclose the information\nor document.\nPenalty: Fine not exceeding 20 penalty\nunits.\n116B. Service on, or provision to, a person of\ninformation or documents\n(1) In this section –","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Monetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 17\n37\nelectronic communication includes\nthe transmission of information or\na document by electronic means\nin a form capable of being\nretrieved and accessed by the\nrecipient, including any of the\nfollowing:\n(a) an email attachment;\n(b) a link that provides access to a\ndocument;\n(c) an SMS or similar message with a\ndocument attached.\n(2) If this Act requires service on, or\nprovision to, a person of any information\nor document, the information or\ndocument may be served or provided by\nelectronic communication if the person\nhas consented to such service or\nprovision.\n(3) Subsection (2) does not prevent the\nservice or provision of any information\nor document under section 29AB of the\nActs Interpretation Act 1931.\n(4) For the purposes of subsection (2), if a\nperson has provided to the Director or\nother person required under this Act to\nserve or provide the information or\ndocument –\n(a) an email address; or\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 17 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n38\n(b) a facsimile number; or\n(c) a telephone number capable of\nreceiving text-based electronic\ncommunications –\nand this Act requires service on, or\nprovision to, the person of any\ninformation or document, the person is\ntaken to have consented to service or\nprovision of the information or document\nby electronic communication to that\naddress or number.\n(5) Any information or document sent by\nelectronic communication to an address\nor number referred to in subsection (4) is\ntaken to have been served on, or\nprovided to, the person if the information\nor document is transmitted in a form that\nis capable of being retrieved and\naccessed by the person.\n(6) Unless the contrary is proved, service or\nprovision under subsection (5) is taken to\nhave been effected at the time at which\nthe electronic communication is\ntransmitted by the sender.\n(7) If this Act requires or permits a notice,\norder, warrant or any document under\nthis Act containing information or a\nrequest for information to be given by a\nperson to another person, the notice,\norder, warrant or document may be\ntransmitted by electronic communication.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 2 – Monetary Penalties Enforcement Act 2005 Amended s. 18\n39\n(8) If a notice or enforcement warrant is\ntransmitted under subsection (7) to an\nenforcement officer for the purpose of\nserving the notice or enforcing the\nwarrant, the enforcement officer must\nensure that a copy of the notice or\nwarrant is converted into written form\nbefore the notice is served or the warrant\nis enforced.\n(9) Subsection (7) is in addition to, and does\nnot limit, subsections (2), (3), (4), (5) and\n(6).\n18. Section 117 amended (Deductions from awards\nmade under Victims of Crime Assistance Act 1976)\nSection 117 of the Principal Act is amended as\nfollows:\n(a) by omitting “must” first occurring and\nsubstituting “may”;\n(b) by omitting “must” second occurring and\nsubstituting “, if so deducted, must”.\n19. Section 121 substituted\nSection 121 of the Principal Act is repealed and\nthe following section is substituted:\n121. Annual report\n(1) The Director, as soon as practicable after\n30 June in each year, is to publish an\nannual report on the operation of the\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 19 Part 2 – Monetary Penalties Enforcement Act 2005 Amended\n40\nMonetary Penalties Enforcement Service\nduring the period of 12 months ending on\nthat day.\n(2) The requirement under subsection (1) is\ntaken to be satisfied if the annual report\nis included in the Department’s annual\nreport for that year.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 3 – Monetary Penalties Enforcement Act 2005 Further Amended s. 20\n41\nPART 3 – MONETARY PENALTIES ENFORCEMENT\nACT 2005 FURTHER AMENDED\n20. Principal Act\nIn this Part, the Monetary Penalties Enforcement\nAct 2005* is referred to as the Principal Act.\n21. Section 3 amended (Interpretation)\nSection 3 of the Principal Act is amended by\ninserting after the definition of administrative\nenforcement the following definition:\nADI means an authorised deposit-taking\ninstitution;\n22. Section 98 amended (Order to redirect debt owed to\nenforcement debtor)\nSection 98(1) of the Principal Act is amended as\nfollows:\n(a) by inserting “or an ADI” after “a\nperson”;\n(b) by inserting “or ADI” after “requiring\nthat other person”;\n(c) by inserting “or ADI” after “if that other\nperson”.\n_______________________________________________________________\n*No. 57 of 2005\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\ns. 23 Part 3 – Monetary Penalties Enforcement Act 2005 Further Amended\n42\n23. Section 98A inserted\nAfter section 98 of the Principal Act, the\nfollowing section is inserted in Division 4:\n98A. Money in account taken to be debt owed to\nenforcement debtor\nFor the purposes of this Act, any money\nin an account held by an enforcement\ndebtor with an ADI is taken to be a debt\nowed to the enforcement debtor and may\nbe redirected from the account even if\nany of the following conditions\napplicable to the account are not\nsatisfied:\n(a) a demand or notice is required\nbefore money may be withdrawn;\n(b) a personal application must be\nmade before money may be\nwithdrawn;\n(c) a deposit book must be produced\nbefore money may be withdrawn;\n(d) a receipt for money deposited in\nthe account must be produced\nbefore money may be withdrawn.\n\nMonetary Penalties Enforcement Amendment Act 2026\nAct No. of 2026\nPart 4 – Repeal of Act s. 24\n43\nPART 4 – REPEAL OF ACT\n24. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which the last of the uncommenced\nprovisions of this Act commences.\nGovernment Printer, Tasmania","sortOrder":2}],"analysis":{"summary":{"status_summary":"The Monetary Penalties Enforcement Amendment Bill 2026 has been introduced in the Tasmanian House of Assembly and awaits further parliamentary progress.","complexity_score":7,"likely_questions":["How will the interstate fine enforcement order process work in practice?","If I am a sole trader, can the Director redirect payments from my clients?","What happens if my bank account has multiple accounts and a redirection order is issued?","Can the Director make decisions automatically without human review?","What constitutes a 'significant change in employment' that I must report?"],"complexity_factors":["Introduces a new interstate fine enforcement scheme with multiple divisions","Allows automated decision-making by the Director through an information system","Expands earnings redirection to contractors and sole traders, changing compliance obligations","Imposes new obligations on banks with short two-day payment deadlines and penalties","Includes retrospective commencement for Part 3 amendments dating to 2008","Creates new information-gathering powers for the Director with penalty provisions"],"plain_english_summary":"The bill tightens how Tasmania collects unpaid fines by expanding income redirection powers (now reaching payments to contractors and sole traders), imposing new obligations on banks to remit redirected funds quickly, and creating a scheme to enforce interstate fines. It also lets the Director use an automated information system for decisions, broadened information‑gathering powers, and rules for deeming penalties uncollectable. It affects anyone owing Tasmanian penalties, payers (employers, clients, banks) and matters for cross‑jurisdiction enforcement."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Bill materially expands the original Act's scope. The Principal Act previously focused on enforcement of Tasmanian monetary penalties. This Bill adds (a) authority to enforce monetary penalties imposed under the laws of other Australian jurisdictions within Tasmania (and to request enforcement of Tasmanian orders elsewhere) via a new interstate enforcement Part (Part 9A, ss.108A–108O); and (b) new direct enforcement powers against financial accounts and payers of contract‑for‑service payments (ss.98A, 86, 99B). It also authorises automated decision‑making and broader information‑gathering powers (s.110, s.116A). Those changes move the Act from a territorially focused collection tool to a broader, cross‑jurisdictional enforcement framework with enlarged operational, data‑sharing and private‑sector compliance impacts."},"complexity_factors":["Insertion of a substantial new Part 9A (ss.108A–108O) establishing a full interstate enforcement regime with multiple conditions, amendment/withdrawal and priority rules","Multiple new powers for the Director (automation, information requests, interstate ordering) with broad discretion (s.110, s.116A, Part 9A)","New ADI (bank) obligations including rapid remittance (within 2 days) and penalty exposure (ss.98A, 99B)","Cross‑references to external Commonwealth laws (Service and Execution of Process Act 1992, Corporations Act 2001) and to prescribed regulations (s.108C(2)(c), s.109)","Electronic service and deemed consent rules with evidential presumptions (s.116B) that affect service timing and proof","Added conditional relief and hardship assessment duties on the Director that require factual inquiries (s.85, s.99A)","New offences/expanded obstruction provisions extending to the Director (s.101)","Inclusion of automated decision‑making as legally equivalent to Director decisions (s.110(2)) increases procedural complexity","Multiple new definitions and terminology changes (e.g., ADI, interstate fine, relevant connection) increasing interpretive load (ss.3, 108A, Part 3)","Sunset/repeal clause for the amending Act that may affect transitional treatment and timing (s.24)"],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Expands who can be ordered to redirect payments to the penalties agency. The Director can now order not only employers but also any person who pays an enforcement debtor for personal services (including contractors) to redirect payments (ss.86, 94).  \n- Treats money in a bank account as a debt that can be redirected. Banks (authorised deposit‑taking institutions, “ADIs”) served with a redirection order must deduct the specified amount from the enforcement debtor’s account(s) and pay it to the Director within 2 days; failure attracts penalties (ss.98A, 99B).  \n- Strengthens notice, variation and hardship protections. The Director must serve a copy of any redirection‑of‑money order on the debtor (s.84(3)). The Director may cancel or vary redirection orders and must consider whether the order causes unreasonable hardship (s.85; new s.99A requires regard to financial circumstances). Debtors and relevant payers must notify the Director of significant employment changes within 14 days (s.90A).  \n- Creates a new interstate enforcement regime (Part 9A). Tasmania’s Director can make enforcement orders to collect fines issued in other Australian jurisdictions where the offender has a “relevant connection” (for example, residence, licence, registered vehicle, property). The Part sets out how interstate requests are made, how orders are formed, amended, withdrawn, and how recovered money is applied (ss.108A–108O).  \n- Adds and clarifies information and enforcement tools. The Director may require people to provide information or documents (s.116A) and may use an electronic information system to issue or automate decisions (s.110). The Police Commissioner may disclose certain contact and safety‑relevant information on request (s.115). Electronic service of notices/documents is permitted and, in defined circumstances, taken as consent (s.116B).  \n- Changes some procedural priorities and thresholds: the Director can deem some penalties uncollectable in additional circumstances (including if a debtor is deceased or a company is liquidated/deregistered) and raises the “prescribed amount” threshold to $50,000 or higher (s.109).  \n- Miscellaneous: expands the offence of obstructing to include obstruction of the Director (s.101), relaxes compulsory deductions from victims awards (s.117), and puts the Director’s annual report requirement into the Department’s annual report (s.121).\n\nWho is affected and who pays\n\n- Enforcement debtors (people and companies who owe fines or other monetary penalties): their wages, contractor payments, and bank account balances may be redirected (ss.86, 98A, 99B). Debtors may face automatic electronic decisions and tighter information checks (s.110, s.116A).  \n- Payers (employers, businesses or persons who pay for a person’s services): they can be required to redirect payments and must notify the Director of significant employment/payment changes within 14 days (ss.86, 90A, 94).  \n- Banks/ADIs: must obey redirection orders, select the account(s) to debit if not specified, and remit funds within 2 days or face penalties (ss.98A, 99B).  \n- The Director of the Monetary Penalties Enforcement Service: gains new powers to make interstate enforcement orders, to use automated information systems to generate decisions, to request information and to coordinate enforcement across jurisdictions (Part 9A, s.110, s.116A).  \n- Originating interstate enforcement authorities: may ask Tasmania to enforce their fines where a person has a relevant connection (Part 9A).\n\nWhy the Bill matters (claimed purpose and practical effects)\n\n- Claimed purpose (as expressed by the provisions): to make collection more effective by widening the types of payments that can be garnished (including contractor payments and bank account balances), speeding up remittance from banks, enabling electronic and automated processing, and allowing Tasmania to assist or act on interstate fine enforcement requests (ss.86, 98A, 99B, 110, Part 9A).  \n\n- Practical effects and trade‑offs to test against that claimed purpose:  \n  - Collection effectiveness vs. administrative and compliance cost: forcing ADIs to deduct and rapidly remit funds (within 2 days) will increase operational burdens on banks, which must implement new processing rules and customer handling for garnishments (s.99B).  \n  - Impact on private contracting and payment relationships: extending redirection to payers of contract‑for‑service payments treats many commercial payers like employers for enforcement purposes. That imposes compliance costs on businesses that engage contractors and may alter contractual risk allocation or payment practices (ss.86, 94).  \n  - Rights, notice and remedy balance: the Director may make interstate enforcement orders in the debtor’s absence and without prior notice (s.108C(4)), although the Bill includes amendment/withdrawal and repayment mechanisms (ss.108H–108I). This speeds enforcement but raises operational risk for errors and the need for robust reversal and refund processes.  \n  - Automation efficiency vs. error/safeguard risk: automated decisions are expressly permitted and taken to be decisions of the Director; the Director sets operational safeguards but retains broad discretion about how automatic decision‑making operates (s.110). That can reduce processing cost but increases implementation risk (incorrect automated garnishments, data quality issues) and places weight on record‑keeping/audit requirements specified by the Director.  \n  - Interstate coordination and priority of recovered funds: the Bill allows recovery for interstate fines but directs the order of application of recovered amounts so that Tasmanian costs and Tasmanian enforcement orders take priority before remitting to the originating interstate fine (s.108L). That creates a concrete incentive for Tasmania to collect and recoup costs first.  \n  - Privacy and data sharing: Police may disclose contact and some safety‑relevant criminal history to the Director where relevant to officer safety (s.115). The Director may compel information from private parties (s.116A). These tools help locating debtors but increase demands on data governance and legal privilege/confidentiality handling.\n\nWho decides and which incentives change\n\n- The Director decides to issue, vary, cancel or withdraw redirection and interstate enforcement orders and to operate automated systems (ss.84(3), 85, 86, 108C, 110).  \n- Banks and payers must comply with Director orders or face fines (ss.99B, 90A). ADIs can choose which account(s) to debit where orders do not nominate a specific account (s.99B(4)).  \n- Originating interstate authorities decide to request Tasmanian enforcement and to notify Tasmania of payments so orders can be amended or withdrawn (Part 9A, especially ss.108E, 108G, 108H(5)).\n\nImplementation risks, costs and compliance burden (concise)\n\n- Operational burden for ADIs and payers: new processing and customer communication systems, potential reconciliation and refund work where orders are amended or withdrawn (ss.99B, 108H–108I).  \n- Need for robust automated‑decision safeguards: the Director may approve automatic decisions and set safeguards, but the effectiveness depends on how those safeguards are designed, resourced and audited (s.110).  \n- Cross‑jurisdictional coordination costs: Part 9A requires secure electronic requests, notification and agreed arrangements between jurisdictions; miscommunication could produce duplicate enforcement or disputes over recovered amounts (Part 9A).  \n- Increased demand for information handling and legal review: compulsion powers, police disclosures and electronic service rules will raise legal and records‑management requirements (ss.115, 116A–116B).  \n\nImmediate concrete effects to expect\n\n- More garnishments from bank accounts and contractor payments (ss.98A, 86, 99B).  \n- Faster remittance to Tasmania from ADIs (s.99B(3)).  \n- Greater use of electronic systems and possibly automatic decisions about enforcement steps (s.110).  \n- New pathway for interstate fines to be enforced in Tasmania and vice versa, with a statutory scheme for amendment, repayment and priority of recovered funds (Part 9A).\n\nKey sections to consult quickly: ss.86, 98A, 99A–99B, 110, 115, 116A–116B, and Part 9A (ss.108A–108O).\n"}},"importantCases":[],"_links":{"self":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026","history":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026/history","analysis":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026/analysis","conflicts":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026/conflicts","importantCases":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026/important-cases","documents":"/api/acts/monetary-penalties-enforcement-amendment-bill-2026/documents"}}