{"id":"tas:sr-2018-012","name":"Monetary Penalties Enforcement Regulations 2018","slug":"monetary-penalties-enforcement-regulations-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"12 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184745,"registerId":"tas-tas:sr-2018-012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Monetary Penalties Enforcement Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-012) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the *Monetary Penalties Enforcement Act 2005*.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Form of Infringement Notice","content":"### 4 Form of Infringement Notice\n\n> For the purposes of [section 14(1)(a)(v)](/view/html/inforce/2026-04-12/act-2005-057#GS14@Gs1@Hpa@Hqv@EN) of the Act, an infringement notice is to include a contact telephone number for the issuing authority.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Fee for referral of infringement notice to Director","content":"### 5 Fee for referral of infringement notice to Director\n\n> For the purposes of [section 18(2)(c)](/view/html/inforce/2026-04-12/act-2005-057#GS18@Gs2@Hpc@EN) of the Act, the prescribed amount is 30 fee units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Seizure of prescribed items","content":"### 6 Seizure of prescribed items\n\n> For the purposes of [section 80](/view/html/inforce/2026-04-12/act-2005-057#GS80@EN) of the Act, the following are prescribed items:\n> \n> > > (a) household property of the enforcement debtor that is reasonably necessary for the domestic use of his or her household, having regard to current social standards;\n> > \n> > > (b) the enforcement debtor's tools of trade;\n> > \n> > > (c) any property for which the cost of seizure, storage and sale would be likely to exceed the sale price.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Maximum uncollectable amount","content":"### 7 Maximum uncollectable amount\n\n> For the purposes of [section 109(2)](/view/html/inforce/2026-04-12/act-2005-057#GS109@Gs2@EN) of the Act, the maximum amount of a monetary penalty that the Director may deem to be uncollectable is $10,000.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Circumstances in which monetary penalty may be deemed uncollectable","content":"### 8 Circumstances in which monetary penalty may be deemed uncollectable\n\n> For the purposes of [section 109(4)](/view/html/inforce/2026-04-12/act-2005-057#GS109@Gs4@EN) of the Act, the following are circumstances in which the Director may deem a monetary penalty to be uncollectable:\n> \n> > > (a) where a fine imposed prior to the commencement of the Act is subject to conditions stipulating when payment, or a payment instalment, is due and the Director is unable to ascertain if the conditions have been met;\n> > \n> > > (b) where the Director is satisfied that the whereabouts of the offender or enforcement debtor are unknown and cannot be discovered by reasonable inquiry;\n> > \n> > > (c) where sufficient information to enable the positive identification of the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;\n> > \n> > > (d) where a current residential or business address for the offender or enforcement debtor has not been provided to the Director by the issuing authority or the court;\n> > \n> > > (e) where the offender or enforcement debtor is deceased;\n> > \n> > > (f) where the offender or enforcement debtor is a corporation that is being, or has been, liquidated;\n> > \n> > > (g) where the offender or enforcement debtor resides outside Australia and has no identifiable assets in Australia;\n> > \n> > > (h) where the amount of the outstanding monetary penalty is less than $10 and the cost of enforcing payment is likely to be more than $10;\n> > \n> > > (i) where, because of the length of time since the monetary penalty was incurred or other similar circumstances, the Director is satisfied that the monetary penalty may have been paid, or for other reasons should not be enforced.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed amounts payable","content":"### 9 Prescribed amounts payable\n\n> The amounts specified in [Schedule 1](#JS1@EN) are prescribed as the amounts payable under the Act in respect of the matters to which they relate.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Legislation rescinded","content":"### 10 Legislation rescinded\n\n> The legislation specified in [Schedule 2](#JS2@EN) is rescinded.","sortOrder":9},{"sectionNumber":"SCHEDULE 1 - Prescribed Amount","sectionType":"part","heading":"SCHEDULE 1 - Prescribed Amounts Payable","content":"# SCHEDULE 1 - Prescribed Amount SCHEDULE 1 - Prescribed Amounts Payable\n\n[Regulation 9](#GS9@EN)\n\n|  | Item | Penalty units |\n| 1. | On the issue of an enforcement order under Part 5 of the Act | 0.5 |\n| 2. | On directing that an enforcement debtor's driver licence be suspended or that an enforcement debtor be ineligible to be issued with a driver licence under section 54(1)(a) or (d) of the Act | 0.3 |\n| 3. | On directing that an enforcement debtor's vehicle registration be suspended or that an enforcement debtor be ineligible to be the registered operator of a vehicle under section 54(1)(c) or (e) of the Act | 0.3 |\n| 4. | On directing that an enforcement debtor's prescribed licence be suspended under section 54(1)(b) of the Act | 0.3 |\n| 5. | On publication of an enforcement debtor's name under section 54(1)(g) of the Act | 0.3 |\n| 6. | On the issue of an enforcement warrant imposing a charge on land under section 68(1) of the Act | 1.0 |\n| 7. | On the issue of an enforcement warrant to enable seizure and sale of property under section 73(1) of the Act | 1.0 |\n| 8. | On the issue of an order for redirection of money owing under section 84(1) of the Act | 1.0 |\n| 9. | On the application by the Director for a warrant of commitment under section 103 of the Act | 0.5 |","sortOrder":10},{"sectionNumber":"SCHEDULE 2 - Legislation resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation rescinded","content":"# SCHEDULE 2 - Legislation resci SCHEDULE 2 - Legislation rescinded\n\n[Regulation 10](#GS10@EN)\n\n| Monetary Penalties Enforcement Amendment Regulations (No. 2) 2008 (No. 133 of 2008) |\n| Monetary Penalties Enforcement Amendment Regulations (No. 3) 2008 (No. 152 of 2008) |\n| Monetary Penalties Enforcement Amendment Regulations 2008 (No. 85 of 2008) |\n| Monetary Penalties Enforcement Regulations 2008 (No. 33 of 2008) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 27 March 2018","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for enforcing monetary penalties. They prescribe forms, fees, protected property categories, and uncollectable debt thresholds — all squarely within the scope of supporting the parent Act."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward prescriptive provisions without nested conditions or exceptions","Minimal cross-referencing limited to specific section references of the parent Act","Two simple schedules containing tabular data (fees and repealed instruments)","No conditional logic, deeming provisions, or complex temporal limitations","Total length is approximately 10 short regulations plus 2 schedules"],"plain_english_summary":"These regulations set out the practical details for how the Monetary Penalties Enforcement Act 2005 operates in Tasmania. They cover:\n\n**What it does:**\n- **Infringement notices**: Requires that fines issued for minor offences include a contact phone number for the authority that issued them.\n- **Fees**: Sets a fee of 30 fee units (a standardised dollar amount that changes with inflation) when an infringement notice gets referred to the Director of Monetary Penalties Enforcement for collection.\n- **Protected property**: Lists what bailiffs (enforcement officers) **cannot** seize from someone who owes money — specifically household essentials, work tools, and anything where the cost of taking and selling it would exceed its value.\n- **When debts get written off**: Sets a $10,000 cap on debts the Director can declare \"uncollectable,\" and lists specific situations where this can happen — such as when the debtor has died, moved overseas with no Australian assets, the debt is under $10, or the person simply cannot be found despite reasonable efforts.\n- **Enforcement costs**: Sets fees (in penalty units) for various enforcement actions, such as suspending driver's licences, registering charges over property, or seizing goods.\n\n**Who it affects:**\n- People who owe fines or monetary penalties in Tasmania (enforcement debtors)\n- Courts and issuing authorities (like police or local councils) that impose fines\n- The Director of Monetary Penalties Enforcement and their staff\n- Bailiffs and enforcement officers who collect debts\n\n**Why it matters:**\nThese rules balance the government's need to collect unpaid fines with protections for vulnerable debtors. They ensure people keep essential household items and work tools, prevent pursuit of debts that would cost more to collect than they're worth, and create clear thresholds for when the government should stop chasing uncollectable debts."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the scope changed from the original intent. The regulations appear to have remained in force in their original form since commencement on 27 March 2018, with no substantive amendments identifiable from the provided information. The regulations serve their intended purpose of supporting the Monetary Penalties Enforcement Act's operational framework."},"complexity_factors":["The provided text contains only metadata and status information — no substantive regulatory content was available for analysis","Monetary penalty enforcement regulations typically involve procedural rules that interact with a parent Act, requiring cross-referencing","Multiple enforcement mechanisms (licence suspension, community service orders, garnishee orders) can create layered procedural complexity in the full instrument","As subsidiary legislation (regulations), they derive authority from a parent Act, adding an interpretive layer","Limited scope — these are administrative/procedural rules rather than substantive law, keeping complexity relatively low"],"plain_english_summary":"These regulations set out rules and procedures for enforcing monetary penalties in Tasmania—how notices are issued, payment processes and when enforcement actions like licence suspension or community service may follow. They affect anyone issued fines (traffic, court-ordered or regulatory) and the agencies that issue or collect them, and matter because they prescribe the steps authorities must follow before escalating enforcement."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and specify procedural, evidentiary and monetary details under the Monetary Penalties Enforcement Act 2005 (forms, fees, seizure limits, uncollectable‑penalty rules and prescribed enforcement amounts). They do not expand or narrow the Act's substantive enforcement powers but replace earlier regulatory instruments listed in Schedule 2."},"complexity_factors":["Multiple cross-references to specific sections of the Monetary Penalties Enforcement Act 2005 requiring users to consult the Act for full effect","Discretionary criteria for deeming penalties uncollectable (list of factual circumstances) that require investigative and judgmental inquiries by the Director","Subjective seizure exclusions (e.g. 'reasonably necessary for domestic use' and 'current social standards') introducing case‑by‑case assessment","Prescribed monetary measures use fee units and penalty units which must be converted to dollar amounts outside the instrument","Schedules mapping actions to penalty units and rescinding prior regulations add administrative detail but limited legal novelty"],"plain_english_summary":"These regulations add implementation details to the Monetary Penalties Enforcement Act 2005: they require a contact number on infringement notices, set a referral fee (30 fee units), list items that cannot be seized, fix a $10,000 cap on penalties the Director may treat as uncollectable, specify when a penalty may be deemed uncollectable, prescribe enforcement fees (penalty‑unit table) and rescind earlier regulations. They affect offenders, issuing authorities and the Director, and change administrative costs, enforcement incentives and decision‑making discretion."}},"importantCases":[],"_links":{"self":"/api/acts/monetary-penalties-enforcement-regulations-2018","history":"/api/acts/monetary-penalties-enforcement-regulations-2018/history","analysis":"/api/acts/monetary-penalties-enforcement-regulations-2018/analysis","conflicts":"/api/acts/monetary-penalties-enforcement-regulations-2018/conflicts","importantCases":"/api/acts/monetary-penalties-enforcement-regulations-2018/important-cases","documents":"/api/acts/monetary-penalties-enforcement-regulations-2018/documents"}}