{"id":"qld:sl-2014-0177","name":"State Penalties Enforcement Regulation 2014","slug":"state-penalties-enforcement-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"177 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175521,"registerId":"qld-qld:sl-2014-0177-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the State Penalties Enforcement Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation, other than part 8 , commences on 1 September 2014.\nPart 8 commences on 1 October 2014.\n(sec.2-ssec.1) This regulation, other than part 8 , commences on 1 September 2014.\n(sec.2-ssec.2) Part 8 commences on 1 October 2014.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.3A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded down to the nearest multiple of 5 cents.\nSection 22 provides for a fee of 123.65 fee units. If the value of a fee unit for this regulation were $1.025, the number of dollars obtained by multiplying $1.025 by 123.65 would be $126.74125. After rounding down, the amount of the fee would be $126.70.\ns 3A ins 2022 SL No. 53 s 14\n(sec.3A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.3A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded down to the nearest multiple of 5 cents. Section 22 provides for a fee of 123.65 fee units. If the value of a fee unit for this regulation were $1.025, the number of dollars obtained by multiplying $1.025 by 123.65 would be $126.74125. After rounding down, the amount of the fee would be $126.70.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Infringement notice offences etc. for nominated laws","content":"# Infringement notice offences etc. for nominated laws","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Infringement notice offences and fines for nominated laws","content":"### sec.4 Infringement notice offences and fines for nominated laws\n\nSchedule 1 prescribes infringement notice offences and infringement notice fines for the legislation (the nominated laws ) mentioned in it.\nFor a nominated law mentioned in schedule 1 —\nan offence against a provision of the nominated law mentioned in schedule 1 , column 1 as limited by any description in the column, is an offence to which the Act applies; and\na number of penalty units mentioned in schedule 1 , column 2 opposite the offence is the fine payable for the offence under an infringement notice.\nHowever, for an offence against a provision of HVNL(Q) or a national regulation under that Law, the fine payable for the offence is the lesser of the following amounts—\n10% of the maximum penalty for the offence;\n20 penalty units.\nAlso, if an entry in schedule 1 for an infringement notice offence under the Police Powers and Responsibilities Act 2000 refers to the infringement notice fine for a stated provision of HVNL(Q) (the HVNL(Q) provision ), the fine payable for the offence is the same as the infringement notice fine applying under this regulation for the HVNL(Q) provision.\ns 4 amd 2017 SL No. 155 s 83\n(sec.4-ssec.1) Schedule 1 prescribes infringement notice offences and infringement notice fines for the legislation (the nominated laws ) mentioned in it.\n(sec.4-ssec.2) For a nominated law mentioned in schedule 1 — an offence against a provision of the nominated law mentioned in schedule 1 , column 1 as limited by any description in the column, is an offence to which the Act applies; and a number of penalty units mentioned in schedule 1 , column 2 opposite the offence is the fine payable for the offence under an infringement notice.\n(sec.4-ssec.3) However, for an offence against a provision of HVNL(Q) or a national regulation under that Law, the fine payable for the offence is the lesser of the following amounts— 10% of the maximum penalty for the offence; 20 penalty units.\n(sec.4-ssec.4) Also, if an entry in schedule 1 for an infringement notice offence under the Police Powers and Responsibilities Act 2000 refers to the infringement notice fine for a stated provision of HVNL(Q) (the HVNL(Q) provision ), the fine payable for the offence is the same as the infringement notice fine applying under this regulation for the HVNL(Q) provision.\n- (a) an offence against a provision of the nominated law mentioned in schedule 1 , column 1 as limited by any description in the column, is an offence to which the Act applies; and\n- (b) a number of penalty units mentioned in schedule 1 , column 2 opposite the offence is the fine payable for the offence under an infringement notice.\n- (a) 10% of the maximum penalty for the offence;\n- (b) 20 penalty units.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Administering authority for nominated laws","content":"### sec.5 Administering authority for nominated laws\n\nThe administering authority for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1 , or an infringement notice about the offence, is—\nthe entity specified in schedule 1 as the administering authority for an infringement notice offence against a provision of the nominated law, or an infringement notice about the offence; or\nif no entity is specified in schedule 1 —the department or agency in which the provision is administered.\ns 5 amd 2022 Act No. 10 ss 44 , 48\n- (a) the entity specified in schedule 1 as the administering authority for an infringement notice offence against a provision of the nominated law, or an infringement notice about the offence; or\n- (b) if no entity is specified in schedule 1 —the department or agency in which the provision is administered.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Authorised person for infringement notice for offence against nominated law","content":"### sec.6 Authorised person for infringement notice for offence against nominated law\n\nThe person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a nominated law mentioned in schedule 1 is the person specified for the law in schedule 1 as the authorised person for service of infringement notices.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Infringement notice offences etc. for local laws and by-laws","content":"# Infringement notice offences etc. for local laws and by-laws","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Definitions for part","content":"### sec.6A Definitions for part\n\nIn this part—\nby-law means a by-law that is adopted by a trustee under the Land Act 1994 , section 56 (7) , and is in force.\ntrustee means either of the following entities appointed under the Land Act 1994 , section 44 , as a trustee of trust land—\nthe State;\na statutory body that is established under an Act and represents the State.\ns 6A ins 2017 SL No. 42 s 5\n- (a) the State;\n- (b) a statutory body that is established under an Act and represents the State.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Infringement notice offences and fines for local laws or by-laws","content":"### sec.7 Infringement notice offences and fines for local laws or by-laws\n\nAn offence against a provision of a local law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 50 penalty units is an offence to which the Act applies (a local law infringement notice offence ).\nThe fine payable for a local law infringement notice offence under an infringement notice is—\nif the offence is otherwise punishable by a maximum penalty of—\nnot more than 0.5 penalty units—the maximum penalty; or\nmore than 0.5, but not more than 5, penalty units—0.5 penalty units; or\nmore than 5, but not more than 10, penalty units—1 penalty unit; or\nmore than 10, but not more than 20, penalty units—2 penalty units; or\nmore than 20, but not more than 30, penalty units—3 penalty units; or\nmore than 30, but not more than 40, penalty units—4 penalty units; or\nmore than 40, but not more than 50, penalty units—5 penalty units; or\nif a local law provides for an amount for the fine payable for the offence that is less than the amount prescribed for the offence under paragraph (a) —the lesser amount.\nAn offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence ).\nThe fine payable for a by-law infringement notice offence under an infringement notice is—\nif the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or\nif the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or\nif the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.\nThis section applies to a maximum penalty that is expressed as a monetary value as if the maximum penalty had been expressed as a number of penalty units (whether whole or fractional) that corresponds to the value.\ns 7 amd 2017 SL No. 42 s 6\n(sec.7-ssec.1) An offence against a provision of a local law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 50 penalty units is an offence to which the Act applies (a local law infringement notice offence ).\n(sec.7-ssec.2) The fine payable for a local law infringement notice offence under an infringement notice is— if the offence is otherwise punishable by a maximum penalty of— not more than 0.5 penalty units—the maximum penalty; or more than 0.5, but not more than 5, penalty units—0.5 penalty units; or more than 5, but not more than 10, penalty units—1 penalty unit; or more than 10, but not more than 20, penalty units—2 penalty units; or more than 20, but not more than 30, penalty units—3 penalty units; or more than 30, but not more than 40, penalty units—4 penalty units; or more than 40, but not more than 50, penalty units—5 penalty units; or if a local law provides for an amount for the fine payable for the offence that is less than the amount prescribed for the offence under paragraph (a) —the lesser amount.\n(sec.7-ssec.3) An offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence ).\n(sec.7-ssec.4) The fine payable for a by-law infringement notice offence under an infringement notice is— if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.\n(sec.7-ssec.5) This section applies to a maximum penalty that is expressed as a monetary value as if the maximum penalty had been expressed as a number of penalty units (whether whole or fractional) that corresponds to the value.\n- (a) if the offence is otherwise punishable by a maximum penalty of— (i) not more than 0.5 penalty units—the maximum penalty; or (ii) more than 0.5, but not more than 5, penalty units—0.5 penalty units; or (iii) more than 5, but not more than 10, penalty units—1 penalty unit; or (iv) more than 10, but not more than 20, penalty units—2 penalty units; or (v) more than 20, but not more than 30, penalty units—3 penalty units; or (vi) more than 30, but not more than 40, penalty units—4 penalty units; or (vii) more than 40, but not more than 50, penalty units—5 penalty units; or\n- (i) not more than 0.5 penalty units—the maximum penalty; or\n- (ii) more than 0.5, but not more than 5, penalty units—0.5 penalty units; or\n- (iii) more than 5, but not more than 10, penalty units—1 penalty unit; or\n- (iv) more than 10, but not more than 20, penalty units—2 penalty units; or\n- (v) more than 20, but not more than 30, penalty units—3 penalty units; or\n- (vi) more than 30, but not more than 40, penalty units—4 penalty units; or\n- (vii) more than 40, but not more than 50, penalty units—5 penalty units; or\n- (b) if a local law provides for an amount for the fine payable for the offence that is less than the amount prescribed for the offence under paragraph (a) —the lesser amount.\n- (i) not more than 0.5 penalty units—the maximum penalty; or\n- (ii) more than 0.5, but not more than 5, penalty units—0.5 penalty units; or\n- (iii) more than 5, but not more than 10, penalty units—1 penalty unit; or\n- (iv) more than 10, but not more than 20, penalty units—2 penalty units; or\n- (v) more than 20, but not more than 30, penalty units—3 penalty units; or\n- (vi) more than 30, but not more than 40, penalty units—4 penalty units; or\n- (vii) more than 40, but not more than 50, penalty units—5 penalty units; or\n- (a) if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or\n- (b) if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or\n- (c) if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Administering authority for local law or by-law","content":"### sec.8 Administering authority for local law or by-law\n\nThe administering authority for an infringement notice offence that is an offence against a provision of a local law, or an infringement notice about the offence, is the local government that made the local law.\nThe administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.\ns 8 amd 2017 SL No. 42 s 7\n(sec.8-ssec.1) The administering authority for an infringement notice offence that is an offence against a provision of a local law, or an infringement notice about the offence, is the local government that made the local law.\n(sec.8-ssec.2) The administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Authorised person for infringement notice for offence against local law, by-law or minor traffic offence","content":"### sec.9 Authorised person for infringement notice for offence against local law, by-law or minor traffic offence\n\nAn authorised person for a local government is a person authorised to serve an infringement notice for—\nan infringement notice offence that is an offence against a provision of a local law made by the local government; or\nan infringement notice offence for the local government under the Transport Operations (Road Use Management) Act 1995 , section 108 .\nAn employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.\nIn subsection (1) —\nauthorised person means an authorised person under the City of Brisbane Act 2010 , section 199 or the Local Government Act 2009 , section 202 .\ns 9 amd 2017 SL No. 42 s 8\n(sec.9-ssec.1) An authorised person for a local government is a person authorised to serve an infringement notice for— an infringement notice offence that is an offence against a provision of a local law made by the local government; or an infringement notice offence for the local government under the Transport Operations (Road Use Management) Act 1995 , section 108 .\n(sec.9-ssec.2) An employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.\n(sec.9-ssec.3) In subsection (1) — authorised person means an authorised person under the City of Brisbane Act 2010 , section 199 or the Local Government Act 2009 , section 202 .\n- (a) an infringement notice offence that is an offence against a provision of a local law made by the local government; or\n- (b) an infringement notice offence for the local government under the Transport Operations (Road Use Management) Act 1995 , section 108 .","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Identifying particulars","content":"# Identifying particulars","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Purpose of pt 4","content":"### sec.10 Purpose of pt 4\n\nThis part states identifying particulars for infringement notices for infringement notice offences.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Identifying particulars for alleged offender","content":"### sec.11 Identifying particulars for alleged offender\n\nThis section does not apply to an infringement notice for an infringement notice offence involving a vehicle or animal.\nFor an infringement notice, the identifying particulars for an alleged offender are the following particulars in relation to the alleged offender—\ncolour of hair and eyes;\ncomplexion;\nheight;\nbuild;\nother noticeable distinguishing marks or features.\n(sec.11-ssec.1) This section does not apply to an infringement notice for an infringement notice offence involving a vehicle or animal.\n(sec.11-ssec.2) For an infringement notice, the identifying particulars for an alleged offender are the following particulars in relation to the alleged offender— colour of hair and eyes; complexion; height; build; other noticeable distinguishing marks or features.\n- (a) colour of hair and eyes;\n- (b) complexion;\n- (c) height;\n- (d) build;\n- (e) other noticeable distinguishing marks or features.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Identifying particulars for vehicle","content":"### sec.12 Identifying particulars for vehicle\n\nThis section applies to an infringement notice for an infringement notice offence involving a vehicle.\nFor an infringement notice, the identifying particulars for the vehicle are the following particulars in relation to the vehicle—\nregistration number;\nbody type;\nmake;\ncolour;\nif relevant, the number of passengers in the vehicle.\nSubsection (2) (c) and (d) does not apply to a camera-detected offence if it is not practicable to work out the particulars mentioned in the provision from the image taken by the camera.\ns 12 amd 2022 Act No. 10 s 45\n(sec.12-ssec.1) This section applies to an infringement notice for an infringement notice offence involving a vehicle.\n(sec.12-ssec.2) For an infringement notice, the identifying particulars for the vehicle are the following particulars in relation to the vehicle— registration number; body type; make; colour; if relevant, the number of passengers in the vehicle.\n(sec.12-ssec.3) Subsection (2) (c) and (d) does not apply to a camera-detected offence if it is not practicable to work out the particulars mentioned in the provision from the image taken by the camera.\n- (a) registration number;\n- (b) body type;\n- (c) make;\n- (d) colour;\n- (e) if relevant, the number of passengers in the vehicle.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Identifying particulars for animal","content":"### sec.13 Identifying particulars for animal\n\nThis section applies to an infringement notice for an infringement notice offence involving an animal.\nThe identifying particulars for the animal are the following particulars in relation to the animal—\nspecies or breed;\ncolour;\nsex;\nidentification tag, registration tag, collar, brand or tattoo;\nelectronically coded implant;\nother noticeable distinguishing marks or features.\n(sec.13-ssec.1) This section applies to an infringement notice for an infringement notice offence involving an animal.\n(sec.13-ssec.2) The identifying particulars for the animal are the following particulars in relation to the animal— species or breed; colour; sex; identification tag, registration tag, collar, brand or tattoo; electronically coded implant; other noticeable distinguishing marks or features.\n- (a) species or breed;\n- (b) colour;\n- (c) sex;\n- (d) identification tag, registration tag, collar, brand or tattoo;\n- (e) electronically coded implant;\n- (f) other noticeable distinguishing marks or features.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Identifying particulars for infringement notice for railway law","content":"### sec.14 Identifying particulars for infringement notice for railway law\n\nThis section applies to an infringement notice offence that is an offence against a railway law if the offence happened during a journey on a railway.\nThe offence is prescribed for section 15 (2) (d) of the Act .\nFor section 15 (2) (d) (i) of the Act , the identifying particulars for the offence are the approximate time at which, and the stations between which, the offence was alleged to have happened.\nIn this section—\nrailway law means—\nthe Transport Operations (Passenger Transport) Act 1994 ; or\nthe Transport Infrastructure (Rail) Regulation 2017 .\ns 14 amd 2017 SL No. 145 s 41\n(sec.14-ssec.1) This section applies to an infringement notice offence that is an offence against a railway law if the offence happened during a journey on a railway.\n(sec.14-ssec.2) The offence is prescribed for section 15 (2) (d) of the Act .\n(sec.14-ssec.3) For section 15 (2) (d) (i) of the Act , the identifying particulars for the offence are the approximate time at which, and the stations between which, the offence was alleged to have happened.\n(sec.14-ssec.4) In this section— railway law means— the Transport Operations (Passenger Transport) Act 1994 ; or the Transport Infrastructure (Rail) Regulation 2017 . s 14 amd 2017 SL No. 145 s 41\n- (a) the Transport Operations (Passenger Transport) Act 1994 ; or\n- (b) the Transport Infrastructure (Rail) Regulation 2017 .","sortOrder":19},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other particulars","content":"# Other particulars","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Registering payment of infringement notice fine by instalments","content":"### sec.15 Registering payment of infringement notice fine by instalments\n\nThis section applies if an administering authority approves an application to pay an infringement notice fine by instalments.\nFor section 24 (1) of the Act , the following are the particulars that the administering authority must give to SPER for registration—\nthe full name, address and telephone number, if known, of the alleged offender;\nthe offence and the date and place of the offence;\nthe infringement notice number for the offence;\nthe amount of the infringement notice fine;\nif the infringement notice offence involved a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;\nany other known particulars that help identify the alleged offender.\nUnder section 24 of the Act , the administering authority must also notify SPER of the unpaid amount of the infringement notice fine.\n(sec.15-ssec.1) This section applies if an administering authority approves an application to pay an infringement notice fine by instalments.\n(sec.15-ssec.2) For section 24 (1) of the Act , the following are the particulars that the administering authority must give to SPER for registration— the full name, address and telephone number, if known, of the alleged offender; the offence and the date and place of the offence; the infringement notice number for the offence; the amount of the infringement notice fine; if the infringement notice offence involved a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered; any other known particulars that help identify the alleged offender. Under section 24 of the Act , the administering authority must also notify SPER of the unpaid amount of the infringement notice fine.\n- (a) the full name, address and telephone number, if known, of the alleged offender;\n- (b) the offence and the date and place of the offence;\n- (c) the infringement notice number for the offence;\n- (d) the amount of the infringement notice fine;\n- (e) if the infringement notice offence involved a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;\n- (f) any other known particulars that help identify the alleged offender.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Registering particulars of unpaid court ordered amount","content":"### sec.16 Registering particulars of unpaid court ordered amount\n\nThis section applies in relation to a court order to which section 34 of the Act applies.\nFor section 34 (2A) of the Act , the following are the particulars of the unpaid amount that the court registrar must give to SPER for registration—\nthe full name, address and telephone number, if known, of the person ordered to pay the amount (the relevant person );\nthe relevant offence and the date and place of the offence;\nif the amount relates to an offence involving a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;\nthe name of the court that made the order, when and where the order was made, and the unique identifier used by the court for the proceeding in relation to the relevant person;\nparticulars of the original court order, including how much of the total amount to be registered is attributable to each part of the court order;\nany other known particulars that help identify the relevant person.\nWhen an unpaid amount is to be registered, it may consist of $500 for the fine, $450 for restitution, and $120 for court costs.\n(sec.16-ssec.1) This section applies in relation to a court order to which section 34 of the Act applies.\n(sec.16-ssec.2) For section 34 (2A) of the Act , the following are the particulars of the unpaid amount that the court registrar must give to SPER for registration— the full name, address and telephone number, if known, of the person ordered to pay the amount (the relevant person ); the relevant offence and the date and place of the offence; if the amount relates to an offence involving a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered; the name of the court that made the order, when and where the order was made, and the unique identifier used by the court for the proceeding in relation to the relevant person; particulars of the original court order, including how much of the total amount to be registered is attributable to each part of the court order; any other known particulars that help identify the relevant person. When an unpaid amount is to be registered, it may consist of $500 for the fine, $450 for restitution, and $120 for court costs.\n- (a) the full name, address and telephone number, if known, of the person ordered to pay the amount (the relevant person );\n- (b) the relevant offence and the date and place of the offence;\n- (c) if the amount relates to an offence involving a vehicle—the vehicle’s registration number and State of registration or, for an unregistered vehicle, a statement that the vehicle was not registered;\n- (d) the name of the court that made the order, when and where the order was made, and the unique identifier used by the court for the proceeding in relation to the relevant person;\n- (e) particulars of the original court order, including how much of the total amount to be registered is attributable to each part of the court order;\n- (f) any other known particulars that help identify the relevant person. Example for paragraph (e) — When an unpaid amount is to be registered, it may consist of $500 for the fine, $450 for restitution, and $120 for court costs.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Information to be provided if application to cancel enforcement order","content":"### sec.17 Information to be provided if application to cancel enforcement order\n\nFor the Act , section 57 , the registrar may ask a person who applies under the Act for the cancellation of an enforcement order for an infringement notice offence to give the registrar any of the following information the registrar considers necessary to help the registrar decide the application—\nthe applicant’s address—\nwhen the infringement notice offence allegedly happened; and\nwhen the relevant infringement notice first came to the applicant’s attention;\nif the applicant changed address before or after the infringement notice offence allegedly happened, when the change happened;\nif relevant, the address on the applicant’s driver licence;\nhow and when the relevant infringement notice came to the applicant’s attention;\nif the applicant did not receive the infringement notice because of illness, particulars of the illness and a certificate, signed by the applicant’s doctor, relating to the illness;\nany other reason the applicant did not receive the relevant infringement notice.\n- (a) the applicant’s address— (i) when the infringement notice offence allegedly happened; and (ii) when the relevant infringement notice first came to the applicant’s attention;\n- (i) when the infringement notice offence allegedly happened; and\n- (ii) when the relevant infringement notice first came to the applicant’s attention;\n- (b) if the applicant changed address before or after the infringement notice offence allegedly happened, when the change happened;\n- (c) if relevant, the address on the applicant’s driver licence;\n- (d) how and when the relevant infringement notice came to the applicant’s attention;\n- (e) if the applicant did not receive the infringement notice because of illness, particulars of the illness and a certificate, signed by the applicant’s doctor, relating to the illness;\n- (f) any other reason the applicant did not receive the relevant infringement notice.\n- (i) when the infringement notice offence allegedly happened; and\n- (ii) when the relevant infringement notice first came to the applicant’s attention;","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Additional particulars for default certificate","content":"### sec.18 Additional particulars for default certificate\n\nFor the Act , section 135 (h) , the following are additional particulars to be stated in a default certificate for an infringement notice offence—\nwhen and where the offence is alleged to have happened;\nthe infringement notice number for the offence;\nthe infringement notice fine for the offence;\nany other known particulars that help identify the alleged offender.\n- (a) when and where the offence is alleged to have happened;\n- (b) the infringement notice number for the offence;\n- (c) the infringement notice fine for the offence;\n- (d) any other known particulars that help identify the alleged offender.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2018 SL No. 52 s 4","sortOrder":25},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Work and development orders","content":"# Work and development orders","sortOrder":26},{"sectionNumber":"sec.19AA","sectionType":"section","heading":"Remote areas— Act , s 32G","content":"### sec.19AA Remote areas— Act , s 32G\n\nFor the Act , section 32G (3) , definition remote area , an area of the State identified as remote Australia or very remote Australia under the document called ‘Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure’ published by the Australian Bureau of Statistics is prescribed.\ns 19AA ins 2018 SL No. 52 s 5","sortOrder":27},{"sectionNumber":"sec.19AB","sectionType":"section","heading":"Mental illnesses— Act , s 32H","content":"### sec.19AB Mental illnesses— Act , s 32H\n\nFor section 32H (b) of the Act , mental illness has the meaning given by the Mental Health Act 2016 , section 10 .\ns 19AB ins 2018 SL No. 52 s 5","sortOrder":28},{"sectionNumber":"sec.19AC","sectionType":"section","heading":"Substance use disorders— Act , s 32H","content":"### sec.19AC Substance use disorders— Act , s 32H\n\nFor section 32H (e) of the Act , a prescribed substance use disorder is a pattern of substance use evaluated as being moderate or severe under the DSM-5.\nIn this section—\nDSM-5 means the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.\ns 19AC ins 2018 SL No. 52 s 5\n(sec.19AC-ssec.1) For section 32H (e) of the Act , a prescribed substance use disorder is a pattern of substance use evaluated as being moderate or severe under the DSM-5.\n(sec.19AC-ssec.2) In this section— DSM-5 means the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.","sortOrder":29},{"sectionNumber":"sec.19AD","sectionType":"section","heading":"Supporting evidence for particular eligibility assessments— Act , s 165","content":"### sec.19AD Supporting evidence for particular eligibility assessments— Act , s 165\n\nThis section applies to an eligibility assessment for an individual who is unable to pay the enforceable amount of the individual’s SPER debt because the individual has a substance use disorder.\nFor section 165 (12) (c) of the Act , the eligibility assessment must include a document that includes details of—\nthe nature, severity and effects of the substance use disorder; and\nhow long the individual has had the substance use disorder.\ns 19AD ins 2018 SL No. 52 s 5\n(sec.19AD-ssec.1) This section applies to an eligibility assessment for an individual who is unable to pay the enforceable amount of the individual’s SPER debt because the individual has a substance use disorder.\n(sec.19AD-ssec.2) For section 165 (12) (c) of the Act , the eligibility assessment must include a document that includes details of— the nature, severity and effects of the substance use disorder; and how long the individual has had the substance use disorder.\n- (a) the nature, severity and effects of the substance use disorder; and\n- (b) how long the individual has had the substance use disorder.","sortOrder":30},{"sectionNumber":"sec.19AE","sectionType":"section","heading":"Prescribed activity— Act , sch 2 , definition unpaid work","content":"### sec.19AE Prescribed activity— Act , sch 2 , definition unpaid work\n\nFor the Act , schedule 2 , definition unpaid work , paragraph (b) , a prescribed activity is any activity performed by a person for an approved sponsor that does not result in a personal benefit to—\nthe sponsor; or\nan associate of the sponsor; or\na relative of the sponsor; or\na person who supervises the person for the sponsor.\nHowever, an activity performed by a person for an approved sponsor is not unpaid work if—\nthe activity is a function of regulated employment under the Working with Children (Risk Management and Screening) Act 2000 and the person does not hold a working with children clearance under that Act ; or\nthe sponsor is a funded non-government service provider or an NDIS non-government service provider under the Disability Services Act 2006 and the person does not hold a clearance given under that Act .\nIn this section—\nassociate , of a sponsor, means—\na representative of the sponsor; or\na person who conducts a business or undertaking with the sponsor.\nrelative see the Domestic and Family Violence Protection Act 2012 , section 19 (2) to (5) .\nrepresentative , of a sponsor, means—\nif the sponsor is a corporation—an executive officer, employee or agent of the sponsor; or\nif the sponsor is an individual—an employee or agent of the sponsor.\ns 19AE ins 2018 SL No. 52 s 5\namd 2024 Act No. 50 s 140 sch 1\n(sec.19AE-ssec.1) For the Act , schedule 2 , definition unpaid work , paragraph (b) , a prescribed activity is any activity performed by a person for an approved sponsor that does not result in a personal benefit to— the sponsor; or an associate of the sponsor; or a relative of the sponsor; or a person who supervises the person for the sponsor.\n(sec.19AE-ssec.2) However, an activity performed by a person for an approved sponsor is not unpaid work if— the activity is a function of regulated employment under the Working with Children (Risk Management and Screening) Act 2000 and the person does not hold a working with children clearance under that Act ; or the sponsor is a funded non-government service provider or an NDIS non-government service provider under the Disability Services Act 2006 and the person does not hold a clearance given under that Act .\n(sec.19AE-ssec.3) In this section— associate , of a sponsor, means— a representative of the sponsor; or a person who conducts a business or undertaking with the sponsor. relative see the Domestic and Family Violence Protection Act 2012 , section 19 (2) to (5) . representative , of a sponsor, means— if the sponsor is a corporation—an executive officer, employee or agent of the sponsor; or if the sponsor is an individual—an employee or agent of the sponsor.\n- (a) the sponsor; or\n- (b) an associate of the sponsor; or\n- (c) a relative of the sponsor; or\n- (d) a person who supervises the person for the sponsor.\n- (a) the activity is a function of regulated employment under the Working with Children (Risk Management and Screening) Act 2000 and the person does not hold a working with children clearance under that Act ; or\n- (b) the sponsor is a funded non-government service provider or an NDIS non-government service provider under the Disability Services Act 2006 and the person does not hold a clearance given under that Act .\n- (a) a representative of the sponsor; or\n- (b) a person who conducts a business or undertaking with the sponsor.\n- (a) if the sponsor is a corporation—an executive officer, employee or agent of the sponsor; or\n- (b) if the sponsor is an individual—an employee or agent of the sponsor.","sortOrder":31},{"sectionNumber":"sec.19AF","sectionType":"section","heading":"Amounts satisfied by work and development order— Act , s 165","content":"### sec.19AF Amounts satisfied by work and development order— Act , s 165\n\nFor section 165 (11) (c) of the Act , a person who undertakes an activity under a work and development order is taken to have satisfied the person’s SPER debt by the amount stated opposite the activity in schedule 1A .\nFor schedule 1A , if the person undertakes a medical or mental health treatment, drug or alcohol treatment or mentoring program for a month, the person’s SPER debt is reduced by the amount worked out using the formula—\nwhere—\nA means the number of hours the person undertakes for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program.\nB means the number of hours the person was expected to undertake for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program.\nHowever, a person’s SPER debt may not be satisfied under this section by more than $1,000 in a month.\ns 19AF ins 2018 SL No. 52 s 5\n(sec.19AF-ssec.1) For section 165 (11) (c) of the Act , a person who undertakes an activity under a work and development order is taken to have satisfied the person’s SPER debt by the amount stated opposite the activity in schedule 1A .\n(sec.19AF-ssec.2) For schedule 1A , if the person undertakes a medical or mental health treatment, drug or alcohol treatment or mentoring program for a month, the person’s SPER debt is reduced by the amount worked out using the formula— where— A means the number of hours the person undertakes for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program. B means the number of hours the person was expected to undertake for the month in the medical or mental health treatment, drug or alcohol treatment or mentoring program.\n(sec.19AF-ssec.3) However, a person’s SPER debt may not be satisfied under this section by more than $1,000 in a month.","sortOrder":32},{"sectionNumber":"pt.5B","sectionType":"part","heading":"Approved sponsors","content":"# Approved sponsors","sortOrder":33},{"sectionNumber":"pt.5B-div.1","sectionType":"division","heading":"Obtaining approvals","content":"## Obtaining approvals","sortOrder":34},{"sectionNumber":"sec.19AG","sectionType":"section","heading":"Application for approval","content":"### sec.19AG Application for approval\n\nA person may apply to the registrar for the approval of the person, or a stated entity, as an approved sponsor for 1 or more types of work and development order.\nThe application must be made using the approved form.\ns 19AG ins 2019 SL No. 216 s 3\n(sec.19AG-ssec.1) A person may apply to the registrar for the approval of the person, or a stated entity, as an approved sponsor for 1 or more types of work and development order.\n(sec.19AG-ssec.2) The application must be made using the approved form.","sortOrder":35},{"sectionNumber":"sec.19AH","sectionType":"section","heading":"Additional information","content":"### sec.19AH Additional information\n\nThe registrar may ask the applicant for additional information necessary to decide the application.\nIf the applicant does not comply with the request for additional information within the reasonable time stated in the request, the registrar may give the applicant a notice dismissing the application.\ns 19AH ins 2019 SL No. 216 s 3\n(sec.19AH-ssec.1) The registrar may ask the applicant for additional information necessary to decide the application.\n(sec.19AH-ssec.2) If the applicant does not comply with the request for additional information within the reasonable time stated in the request, the registrar may give the applicant a notice dismissing the application.","sortOrder":36},{"sectionNumber":"sec.19AI","sectionType":"section","heading":"Eligibility to be approved sponsor","content":"### sec.19AI Eligibility to be approved sponsor\n\nAn individual is eligible to be an approved sponsor for a type of work and development order if—\nthe individual is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and\nthe individual is able to maintain public confidence in the integrity of the work and development order program; and\nthe individual, or a supervisor for the individual, has appropriate qualifications, training or relevant experience for the proposed activities; and\nthe individual has suitable insurance cover for the proposed activities; and\nif the proposed activities are medical or mental health treatment—the individual is a health practitioner.\nAn entity, other than an individual, is eligible to be an approved sponsor for a type of work and development order if—\nthe entity is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and\nthe entity is able to maintain public confidence in the integrity of the work and development order program; and\nthe entity, or a supervisor for the entity, has appropriate qualifications, training or relevant experience for the proposed activities; and\nthe entity has suitable insurance cover for the proposed activities; and\nthe entity has—\na funding agreement relevant to the proposed activities; or\nappropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and\nthe entity has—\na complaints management and resolution system; and\nan incident management system; and\nif the entity is a for-profit organisation—the organisation’s objective, governance and funding are consistent with carrying out the functions of an approved sponsor; and\nif the entity is a general practice—the persons providing proposed activities are health practitioners.\nIn this section—\nfunding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community.\ngeneral practice means a business providing health services provided by health practitioners.\nhealth practitioner see the Act , section 32G (3) .\nproposed activities , for an entity as an approved sponsor, means the proposed activities for the types of work and development order for which the entity would be an approved sponsor.\nsupervisor , for an entity, means another entity who, on behalf of the entity, supervises an individual for the individual’s work and development order.\ns 19AI ins 2019 SL No. 216 s 3\n(sec.19AI-ssec.1) An individual is eligible to be an approved sponsor for a type of work and development order if— the individual is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and the individual is able to maintain public confidence in the integrity of the work and development order program; and the individual, or a supervisor for the individual, has appropriate qualifications, training or relevant experience for the proposed activities; and the individual has suitable insurance cover for the proposed activities; and if the proposed activities are medical or mental health treatment—the individual is a health practitioner.\n(sec.19AI-ssec.2) An entity, other than an individual, is eligible to be an approved sponsor for a type of work and development order if— the entity is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and the entity is able to maintain public confidence in the integrity of the work and development order program; and the entity, or a supervisor for the entity, has appropriate qualifications, training or relevant experience for the proposed activities; and the entity has suitable insurance cover for the proposed activities; and the entity has— a funding agreement relevant to the proposed activities; or appropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and the entity has— a complaints management and resolution system; and an incident management system; and if the entity is a for-profit organisation—the organisation’s objective, governance and funding are consistent with carrying out the functions of an approved sponsor; and if the entity is a general practice—the persons providing proposed activities are health practitioners.\n(sec.19AI-ssec.3) In this section— funding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community. general practice means a business providing health services provided by health practitioners. health practitioner see the Act , section 32G (3) . proposed activities , for an entity as an approved sponsor, means the proposed activities for the types of work and development order for which the entity would be an approved sponsor. supervisor , for an entity, means another entity who, on behalf of the entity, supervises an individual for the individual’s work and development order.\n- (a) the individual is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and\n- (b) the individual is able to maintain public confidence in the integrity of the work and development order program; and\n- (c) the individual, or a supervisor for the individual, has appropriate qualifications, training or relevant experience for the proposed activities; and\n- (d) the individual has suitable insurance cover for the proposed activities; and\n- (e) if the proposed activities are medical or mental health treatment—the individual is a health practitioner.\n- (a) the entity is able to appropriately carry out the functions of an approved sponsor as provided for under the Act , part 3B ; and\n- (b) the entity is able to maintain public confidence in the integrity of the work and development order program; and\n- (c) the entity, or a supervisor for the entity, has appropriate qualifications, training or relevant experience for the proposed activities; and\n- (d) the entity has suitable insurance cover for the proposed activities; and\n- (e) the entity has— (i) a funding agreement relevant to the proposed activities; or (ii) appropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and\n- (i) a funding agreement relevant to the proposed activities; or\n- (ii) appropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and\n- (f) the entity has— (i) a complaints management and resolution system; and (ii) an incident management system; and\n- (i) a complaints management and resolution system; and\n- (ii) an incident management system; and\n- (g) if the entity is a for-profit organisation—the organisation’s objective, governance and funding are consistent with carrying out the functions of an approved sponsor; and\n- (h) if the entity is a general practice—the persons providing proposed activities are health practitioners.\n- (i) a funding agreement relevant to the proposed activities; or\n- (ii) appropriate governance and a quality and risk management system that demonstrate the entity’s capacity to comply with a funding agreement relevant to the proposed activities; and\n- (i) a complaints management and resolution system; and\n- (ii) an incident management system; and","sortOrder":37},{"sectionNumber":"sec.19AJ","sectionType":"section","heading":"Decision on application","content":"### sec.19AJ Decision on application\n\nThe registrar must consider the application and decide to grant or refuse the application.\nThe registrar may grant the application only if satisfied the applicant is eligible to be an approved sponsor under section 19AI .\nThe registrar may refuse to grant the application if satisfied—\nthe applicant has not provided all the relevant information for the application; or\nthe application contains false or misleading information.\nIf the registrar grants the application, the registrar may also impose the additional conditions the registrar considers reasonable and relevant.\nIn this section—\nadditional conditions means conditions other than the statutory conditions imposed under section 19AL .\ns 19AJ ins 2019 SL No. 216 s 3\n(sec.19AJ-ssec.1) The registrar must consider the application and decide to grant or refuse the application.\n(sec.19AJ-ssec.2) The registrar may grant the application only if satisfied the applicant is eligible to be an approved sponsor under section 19AI .\n(sec.19AJ-ssec.3) The registrar may refuse to grant the application if satisfied— the applicant has not provided all the relevant information for the application; or the application contains false or misleading information.\n(sec.19AJ-ssec.4) If the registrar grants the application, the registrar may also impose the additional conditions the registrar considers reasonable and relevant.\n(sec.19AJ-ssec.5) In this section— additional conditions means conditions other than the statutory conditions imposed under section 19AL .\n- (a) the applicant has not provided all the relevant information for the application; or\n- (b) the application contains false or misleading information.","sortOrder":38},{"sectionNumber":"sec.19AK","sectionType":"section","heading":"Notice of decision","content":"### sec.19AK Notice of decision\n\nAs soon as practicable after the registrar decides to grant or refuse the application, the registrar must give the applicant written notice of the decision, including information about any additional conditions imposed on the approval.\nThe notice of the decision must comply with the QCAT Act , section 157 if the registrar decides to—\ngrant the application and impose additional conditions on the approval; or\nrefuse the application.\ns 19AK ins 2019 SL No. 216 s 3\n(sec.19AK-ssec.1) As soon as practicable after the registrar decides to grant or refuse the application, the registrar must give the applicant written notice of the decision, including information about any additional conditions imposed on the approval.\n(sec.19AK-ssec.2) The notice of the decision must comply with the QCAT Act , section 157 if the registrar decides to— grant the application and impose additional conditions on the approval; or refuse the application.\n- (a) grant the application and impose additional conditions on the approval; or\n- (b) refuse the application.","sortOrder":39},{"sectionNumber":"pt.5B-div.2","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":40},{"sectionNumber":"sec.19AL","sectionType":"section","heading":"Statutory conditions for approval","content":"### sec.19AL Statutory conditions for approval\n\nAn approval as an approved sponsor is subject to the conditions that the approved sponsor must—\ncomply with the reporting requirements, relating to work and development orders, as notified by the registrar; and\ncomply with the record keeping requirements under section 19AN ; and\ncomply with all funding agreements applying to the sponsor and relevant to the proposed activities; and\nmaintain appropriate risk management arrangements for the relevant activities, including workplace health and safety policies and financial management accountability policies; and\nmaintain a complaints management and resolution system; and\ncomply with the Queensland privacy principles set out in the Information Privacy Act 2009 , schedule 3 ; and\nreport all reportable incidents to the registrar; and\nreport all real or perceived conflicts of interest for the sponsor to the registrar.\nIn this section—\nconflicts of interest means a conflict of interest under section 19AP .\nfunding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community.\nrelevant activities , for an entity as an approved sponsor, means the activities for the types of work and development order for which the entity is to be an approved sponsor.\nreportable incident means an incident involving the death or serious injury of an individual while undertaking an activity or program for a work and development order.\ns 19AL ins 2019 SL No. 216 s 3\namd 2025 SL No. 75 s 13 sch 2\n(sec.19AL-ssec.1) An approval as an approved sponsor is subject to the conditions that the approved sponsor must— comply with the reporting requirements, relating to work and development orders, as notified by the registrar; and comply with the record keeping requirements under section 19AN ; and comply with all funding agreements applying to the sponsor and relevant to the proposed activities; and maintain appropriate risk management arrangements for the relevant activities, including workplace health and safety policies and financial management accountability policies; and maintain a complaints management and resolution system; and comply with the Queensland privacy principles set out in the Information Privacy Act 2009 , schedule 3 ; and report all reportable incidents to the registrar; and report all real or perceived conflicts of interest for the sponsor to the registrar.\n(sec.19AL-ssec.2) In this section— conflicts of interest means a conflict of interest under section 19AP . funding agreement means a written agreement between an entity and a department or the Commonwealth government under which the department or Commonwealth government provides funding to the entity for the provision of a product or service to the community. relevant activities , for an entity as an approved sponsor, means the activities for the types of work and development order for which the entity is to be an approved sponsor. reportable incident means an incident involving the death or serious injury of an individual while undertaking an activity or program for a work and development order.\n- (a) comply with the reporting requirements, relating to work and development orders, as notified by the registrar; and\n- (b) comply with the record keeping requirements under section 19AN ; and\n- (c) comply with all funding agreements applying to the sponsor and relevant to the proposed activities; and\n- (d) maintain appropriate risk management arrangements for the relevant activities, including workplace health and safety policies and financial management accountability policies; and\n- (e) maintain a complaints management and resolution system; and\n- (f) comply with the Queensland privacy principles set out in the Information Privacy Act 2009 , schedule 3 ; and\n- (g) report all reportable incidents to the registrar; and\n- (h) report all real or perceived conflicts of interest for the sponsor to the registrar.","sortOrder":41},{"sectionNumber":"sec.19AM","sectionType":"section","heading":"Amending approvals","content":"### sec.19AM Amending approvals\n\nThe registrar may amend an approval of an approved sponsor with the agreement of the sponsor.\nHowever, the registrar must not agree to an amendment if, because of the amended approval, the sponsor would not be eligible to be an approved sponsor under section 19AI .\ns 19AM ins 2019 SL No. 216 s 3\n(sec.19AM-ssec.1) The registrar may amend an approval of an approved sponsor with the agreement of the sponsor.\n(sec.19AM-ssec.2) However, the registrar must not agree to an amendment if, because of the amended approval, the sponsor would not be eligible to be an approved sponsor under section 19AI .","sortOrder":42},{"sectionNumber":"sec.19AN","sectionType":"section","heading":"Record keeping by approved sponsors","content":"### sec.19AN Record keeping by approved sponsors\n\nAn approved sponsor must keep the following records—\nproof of the identity of an individual on whose behalf the sponsor has applied for a work and development order;\nthe sponsor’s assessment of an individual’s eligibility to participate in a work and development order;\na record of the working with children clearances held by the sponsor and any supervisor for the approved sponsor.\nSubsection (1) (a) does not apply to an individual who is a resident of remote and discrete Aboriginal or Torres Strait Islander community.\nAn approved sponsor must keep a record mentioned in subsection (1) for a period of 7 years after the completion, withdrawal or revocation of the work and development order to which the record relates.\nIn this section—\nremote and discrete Aboriginal and Torres Strait Islander community means—\nthe town of Coen; or\nthe local government area of Aurukun, Cherbourg, Doomadgee, Hope Vale, Kowanyama, Lockhart River, Mapoon, Mornington, Mossman Gorge, Napranum, Northern Peninsula Area, Palm Island, Pormpuraaw, Torres, Torres Strait Island, Woorabinda, Wujal Wujal or Yarrabah.\nsupervisor , for an approved sponsor, means a person who, on behalf of the sponsor, supervises an individual for that individual’s work and development order.\nworking with children clearance see the Working with Children (Risk Management and Screening) Act 2000 , section 18A .\ns 19AN ins 2019 SL No. 216 s 3\namd 2024 Act No. 50 s 140 sch 1\n(sec.19AN-ssec.1) An approved sponsor must keep the following records— proof of the identity of an individual on whose behalf the sponsor has applied for a work and development order; the sponsor’s assessment of an individual’s eligibility to participate in a work and development order; a record of the working with children clearances held by the sponsor and any supervisor for the approved sponsor.\n(sec.19AN-ssec.2) Subsection (1) (a) does not apply to an individual who is a resident of remote and discrete Aboriginal or Torres Strait Islander community.\n(sec.19AN-ssec.3) An approved sponsor must keep a record mentioned in subsection (1) for a period of 7 years after the completion, withdrawal or revocation of the work and development order to which the record relates.\n(sec.19AN-ssec.4) In this section— remote and discrete Aboriginal and Torres Strait Islander community means— the town of Coen; or the local government area of Aurukun, Cherbourg, Doomadgee, Hope Vale, Kowanyama, Lockhart River, Mapoon, Mornington, Mossman Gorge, Napranum, Northern Peninsula Area, Palm Island, Pormpuraaw, Torres, Torres Strait Island, Woorabinda, Wujal Wujal or Yarrabah. supervisor , for an approved sponsor, means a person who, on behalf of the sponsor, supervises an individual for that individual’s work and development order. working with children clearance see the Working with Children (Risk Management and Screening) Act 2000 , section 18A .\n- (a) proof of the identity of an individual on whose behalf the sponsor has applied for a work and development order;\n- (b) the sponsor’s assessment of an individual’s eligibility to participate in a work and development order;\n- (c) a record of the working with children clearances held by the sponsor and any supervisor for the approved sponsor.\n- (a) the town of Coen; or\n- (b) the local government area of Aurukun, Cherbourg, Doomadgee, Hope Vale, Kowanyama, Lockhart River, Mapoon, Mornington, Mossman Gorge, Napranum, Northern Peninsula Area, Palm Island, Pormpuraaw, Torres, Torres Strait Island, Woorabinda, Wujal Wujal or Yarrabah.","sortOrder":43},{"sectionNumber":"sec.19AO","sectionType":"section","heading":"Auditing of records","content":"### sec.19AO Auditing of records\n\nIf requested by the registrar, an approved sponsor must give the registrar copies of all documents relevant to the work and development orders for which the sponsor is an approved sponsor.\nAn approved sponsor must give the registrar, or another person nominated by the registrar, access to all documents relevant to work and development orders for which the sponsor is the approved sponsor.\ns 19AO ins 2019 SL No. 216 s 3\n(sec.19AO-ssec.1) If requested by the registrar, an approved sponsor must give the registrar copies of all documents relevant to the work and development orders for which the sponsor is an approved sponsor.\n(sec.19AO-ssec.2) An approved sponsor must give the registrar, or another person nominated by the registrar, access to all documents relevant to work and development orders for which the sponsor is the approved sponsor.","sortOrder":44},{"sectionNumber":"sec.19AP","sectionType":"section","heading":"Conflicts of interest","content":"### sec.19AP Conflicts of interest\n\nA conflict of interest exists for an approved sponsor if—\nany activity performed by a person for an approved sponsor, under a work and development order, results in a personal benefit to—\nthe sponsor; or\nan associate of the sponsor; or\na relative of the sponsor; or\na person who supervises the person for the sponsor; or\nthe approved sponsor sponsors a work and development order for a person who is an associate, relative or employee of the sponsor.\ns 19AP ins 2019 SL No. 216 s 3\n- (a) any activity performed by a person for an approved sponsor, under a work and development order, results in a personal benefit to— (i) the sponsor; or (ii) an associate of the sponsor; or (iii) a relative of the sponsor; or (iv) a person who supervises the person for the sponsor; or\n- (i) the sponsor; or\n- (ii) an associate of the sponsor; or\n- (iii) a relative of the sponsor; or\n- (iv) a person who supervises the person for the sponsor; or\n- (b) the approved sponsor sponsors a work and development order for a person who is an associate, relative or employee of the sponsor.\n- (i) the sponsor; or\n- (ii) an associate of the sponsor; or\n- (iii) a relative of the sponsor; or\n- (iv) a person who supervises the person for the sponsor; or","sortOrder":45},{"sectionNumber":"sec.19AQ","sectionType":"section","heading":"Voluntary surrender of approval","content":"### sec.19AQ Voluntary surrender of approval\n\nThe holder of an approval as an approved sponsor may surrender the approval by written notice given to the registrar.\nThe surrender takes effect—\non the day the notice is given; or\nif a later day is stated in the notice, on the later day.\ns 19AQ ins 2019 SL No. 216 s 3\n(sec.19AQ-ssec.1) The holder of an approval as an approved sponsor may surrender the approval by written notice given to the registrar.\n(sec.19AQ-ssec.2) The surrender takes effect— on the day the notice is given; or if a later day is stated in the notice, on the later day.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice, on the later day.","sortOrder":46},{"sectionNumber":"sec.19AR","sectionType":"section","heading":"Approval not transferable","content":"### sec.19AR Approval not transferable\n\nAn approval as an approved sponsor can not be assigned or transferred.\ns 19AR ins 2019 SL No. 216 s 3","sortOrder":47},{"sectionNumber":"pt.5B-div.3","sectionType":"division","heading":"Disciplinary action","content":"## Disciplinary action","sortOrder":48},{"sectionNumber":"sec.19AS","sectionType":"section","heading":"Definitions for division","content":"### sec.19AS Definitions for division\n\nIn this division—\nshow cause notice see section 19AU (2) .\nshow cause period see section 19AU (2) (d) .\nwritten representation means a written representation made in response to a show cause notice.\ns 19AS ins 2019 SL No. 216 s 3","sortOrder":49},{"sectionNumber":"sec.19AT","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.19AT Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling the approval of an approved sponsor—\nthe sponsor has failed to, or is no longer able to, comply with a condition of the approval;\nthe approved sponsor, or an agent of the sponsor, has contravened the Act or this regulation;\nif the approved sponsor is an individual—the individual is an insolvent under administration;\nif the approved sponsor is a company—the company is a Chapter 5 body corporate under Corporations Act , section 9 ;\nthe approval was granted because of false or misleading information;\nthe approved sponsor has ceased to provide the activities relevant to the approval;\nhaving regard to the conduct of the approved sponsor, or an agent of the approved sponsor, the continuation of the sponsor’s approval is likely to undermine the public’s confidence in the integrity of the work and development order program;\na conflict of interest exists for the approved sponsor under section 19AP .\ns 19AT ins 2019 SL No. 216 s 3\namd 2023 Act No. 23 s 247 sch 1 s 2 (3)\n- (a) the sponsor has failed to, or is no longer able to, comply with a condition of the approval;\n- (b) the approved sponsor, or an agent of the sponsor, has contravened the Act or this regulation;\n- (c) if the approved sponsor is an individual—the individual is an insolvent under administration;\n- (d) if the approved sponsor is a company—the company is a Chapter 5 body corporate under Corporations Act , section 9 ;\n- (e) the approval was granted because of false or misleading information;\n- (f) the approved sponsor has ceased to provide the activities relevant to the approval;\n- (g) having regard to the conduct of the approved sponsor, or an agent of the approved sponsor, the continuation of the sponsor’s approval is likely to undermine the public’s confidence in the integrity of the work and development order program;\n- (h) a conflict of interest exists for the approved sponsor under section 19AP .","sortOrder":50},{"sectionNumber":"sec.19AU","sectionType":"section","heading":"Show cause notice","content":"### sec.19AU Show cause notice\n\nThis section applies if the registrar reasonably believes a ground exists to suspend or cancel the approval of an approved sponsor.\nThe registrar may give the approved sponsor a notice (a show cause notice ) stating the following—\nthe registrar proposes to suspend or cancel the approval (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the approved sponsor to make a written representation to the registrar, within 28 days after being given the notice (the show cause period ), to show why the proposed action should not be taken.\ns 19AU ins 2019 SL No. 216 s 3\n(sec.19AU-ssec.1) This section applies if the registrar reasonably believes a ground exists to suspend or cancel the approval of an approved sponsor.\n(sec.19AU-ssec.2) The registrar may give the approved sponsor a notice (a show cause notice ) stating the following— the registrar proposes to suspend or cancel the approval (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the approved sponsor to make a written representation to the registrar, within 28 days after being given the notice (the show cause period ), to show why the proposed action should not be taken.\n- (a) the registrar proposes to suspend or cancel the approval (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the approved sponsor to make a written representation to the registrar, within 28 days after being given the notice (the show cause period ), to show why the proposed action should not be taken.","sortOrder":51},{"sectionNumber":"sec.19AV","sectionType":"section","heading":"Representations responding to show cause notice","content":"### sec.19AV Representations responding to show cause notice\n\nThe registrar must consider all written representations made to the registrar within the show cause period.\ns 19AV ins 2019 SL No. 216 s 3","sortOrder":52},{"sectionNumber":"sec.19AW","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.19AW Ending show cause process without further action\n\nThis section applies if, after considering the written representations made to the registrar within the show cause period, the registrar no longer believes a ground exists to suspend or cancel the approval.\nThe registrar must not take further action in relation to the show cause notice.\nThe registrar must give the approved sponsor written notice that no further action is to be taken in relation to the show cause notice as soon as practicable after the registrar forms the belief.\ns 19AW ins 2019 SL No. 216 s 3\n(sec.19AW-ssec.1) This section applies if, after considering the written representations made to the registrar within the show cause period, the registrar no longer believes a ground exists to suspend or cancel the approval.\n(sec.19AW-ssec.2) The registrar must not take further action in relation to the show cause notice.\n(sec.19AW-ssec.3) The registrar must give the approved sponsor written notice that no further action is to be taken in relation to the show cause notice as soon as practicable after the registrar forms the belief.","sortOrder":53},{"sectionNumber":"sec.19AX","sectionType":"section","heading":"Suspension or cancellation of approval","content":"### sec.19AX Suspension or cancellation of approval\n\nIf, after considering the written representations made to the registrar within the show cause period, the registrar believes a ground exists to suspend or cancel the approval, the registrar may decide to—\nrequire the approved sponsor take remedial action to address the grounds for suspension or cancellation within a stated period; or\nsuspend the approval for a stated period of time of not more than 3 months; or\ncancel the approval.\nThe registrar must, as soon as practicable after making the decision, give written notice of the decision to the approved sponsor.\nThe notice of the decision must comply with the QCAT Act , section 157 if the registrar decides to take any action mentioned in subsection (1) .\nIf the approved sponsor does not take the remedial action, to the satisfaction of the registrar, within the stated period, the approval is cancelled from the day after the period ends.\ns 19AX ins 2019 SL No. 216 s 3\n(sec.19AX-ssec.1) If, after considering the written representations made to the registrar within the show cause period, the registrar believes a ground exists to suspend or cancel the approval, the registrar may decide to— require the approved sponsor take remedial action to address the grounds for suspension or cancellation within a stated period; or suspend the approval for a stated period of time of not more than 3 months; or cancel the approval.\n(sec.19AX-ssec.2) The registrar must, as soon as practicable after making the decision, give written notice of the decision to the approved sponsor.\n(sec.19AX-ssec.3) The notice of the decision must comply with the QCAT Act , section 157 if the registrar decides to take any action mentioned in subsection (1) .\n(sec.19AX-ssec.4) If the approved sponsor does not take the remedial action, to the satisfaction of the registrar, within the stated period, the approval is cancelled from the day after the period ends.\n- (a) require the approved sponsor take remedial action to address the grounds for suspension or cancellation within a stated period; or\n- (b) suspend the approval for a stated period of time of not more than 3 months; or\n- (c) cancel the approval.","sortOrder":54},{"sectionNumber":"sec.19AY","sectionType":"section","heading":"Immediate suspension","content":"### sec.19AY Immediate suspension\n\nThis section applies if the registrar reasonably believes—\na ground exists for suspending or cancelling an approved sponsor’s approval under section 19AT ; and\nthe approved sponsor’s approval must be suspended immediately to—\nensure the integrity of the work and development order program is not jeopardised; or\nremove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.\nThe registrar may decide to immediately suspend the approved sponsor’s approval.\nIf the registrar decides to immediately suspend the approved sponsor’s approval, the registrar must give the approved sponsor written notice of the suspension and the grounds of the suspension.\nA suspension under this section—\nstarts immediately after the approved sponsor is given the notice of the suspension; and\nends on the earliest of the following—\nthe day that is 3 months after the day on which the suspension started;\nthe day a notice is given to the approved sponsor ending the suspension under subsection (5) .\nIf, during the suspension, the registrar no longer believes the approved sponsor’s approval should be suspended, the registrar must end the suspension by giving notice to the approved sponsor.\ns 19AY ins 2019 SL No. 216 s 3\n(sec.19AY-ssec.1) This section applies if the registrar reasonably believes— a ground exists for suspending or cancelling an approved sponsor’s approval under section 19AT ; and the approved sponsor’s approval must be suspended immediately to— ensure the integrity of the work and development order program is not jeopardised; or remove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.\n(sec.19AY-ssec.2) The registrar may decide to immediately suspend the approved sponsor’s approval.\n(sec.19AY-ssec.3) If the registrar decides to immediately suspend the approved sponsor’s approval, the registrar must give the approved sponsor written notice of the suspension and the grounds of the suspension.\n(sec.19AY-ssec.4) A suspension under this section— starts immediately after the approved sponsor is given the notice of the suspension; and ends on the earliest of the following— the day that is 3 months after the day on which the suspension started; the day a notice is given to the approved sponsor ending the suspension under subsection (5) .\n(sec.19AY-ssec.5) If, during the suspension, the registrar no longer believes the approved sponsor’s approval should be suspended, the registrar must end the suspension by giving notice to the approved sponsor.\n- (a) a ground exists for suspending or cancelling an approved sponsor’s approval under section 19AT ; and\n- (b) the approved sponsor’s approval must be suspended immediately to— (i) ensure the integrity of the work and development order program is not jeopardised; or (ii) remove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.\n- (i) ensure the integrity of the work and development order program is not jeopardised; or\n- (ii) remove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.\n- (i) ensure the integrity of the work and development order program is not jeopardised; or\n- (ii) remove an immediate and unacceptable risk that the approved sponsor will not comply with an obligation under the Act or this regulation.\n- (a) starts immediately after the approved sponsor is given the notice of the suspension; and\n- (b) ends on the earliest of the following— (i) the day that is 3 months after the day on which the suspension started; (ii) the day a notice is given to the approved sponsor ending the suspension under subsection (5) .\n- (i) the day that is 3 months after the day on which the suspension started;\n- (ii) the day a notice is given to the approved sponsor ending the suspension under subsection (5) .\n- (i) the day that is 3 months after the day on which the suspension started;\n- (ii) the day a notice is given to the approved sponsor ending the suspension under subsection (5) .","sortOrder":55},{"sectionNumber":"pt.5B-div.4","sectionType":"division","heading":"External review","content":"## External review","sortOrder":56},{"sectionNumber":"sec.19AZ","sectionType":"section","heading":"External review of decisions under this part","content":"### sec.19AZ External review of decisions under this part\n\nThis section applies to a person entitled to be given notice of any of the following decisions—\na decision, to grant an application for an approval as an approved sponsor, imposing an additional condition on the approval under section 19AJ ;\na decision to refuse to grant an application for an approval as an approved sponsor under section 19AJ ;\na decision to require the approved sponsor take remedial action under section 19AX ;\na decision to suspend or cancel an approval under section 19AX .\nThe person may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 19AZ ins 2019 SL No. 216 s 3\n(sec.19AZ-ssec.1) This section applies to a person entitled to be given notice of any of the following decisions— a decision, to grant an application for an approval as an approved sponsor, imposing an additional condition on the approval under section 19AJ ; a decision to refuse to grant an application for an approval as an approved sponsor under section 19AJ ; a decision to require the approved sponsor take remedial action under section 19AX ; a decision to suspend or cancel an approval under section 19AX .\n(sec.19AZ-ssec.2) The person may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n- (a) a decision, to grant an application for an approval as an approved sponsor, imposing an additional condition on the approval under section 19AJ ;\n- (b) a decision to refuse to grant an application for an approval as an approved sponsor under section 19AJ ;\n- (c) a decision to require the approved sponsor take remedial action under section 19AX ;\n- (d) a decision to suspend or cancel an approval under section 19AX .","sortOrder":57},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":58},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Serving infringement notices by electronic communication— Act , s 158","content":"### sec.19A Serving infringement notices by electronic communication— Act , s 158\n\nThis section applies if—\nan authorised person may serve an infringement notice for an offence on a person (the relevant person ) under section 13 or 14 of the Act ; and\nthe relevant person consents to being served with the infringement notice by way of the authorised person using electronic communication to send the notice to a unique electronic address nominated by the relevant person.\nA consent that in substance satisfies subsection (1) (b) is sufficient for the subsection.\nFor section 158 (1) (d) of the Act , the infringement notice may be served on the relevant person by the authorised person sending the notice by electronic communication to the unique electronic address nominated by the relevant person.\nFor section 158 (3) (b) of the Act , the day prescribed for the method of service stated in subsection (3) is the day the authorised person sends the infringement notice to the unique electronic address.\nIn this section—\nunique electronic address , for a person, means a fixed designation on a communication network assigned to the person for the purpose of the person receiving information.\nan email address, mobile phone number or user account\ns 19A ins 2016 SL No. 55 s 3\namd 2018 SL No. 52 s 6\n(sec.19A-ssec.1) This section applies if— an authorised person may serve an infringement notice for an offence on a person (the relevant person ) under section 13 or 14 of the Act ; and the relevant person consents to being served with the infringement notice by way of the authorised person using electronic communication to send the notice to a unique electronic address nominated by the relevant person.\n(sec.19A-ssec.2) A consent that in substance satisfies subsection (1) (b) is sufficient for the subsection.\n(sec.19A-ssec.3) For section 158 (1) (d) of the Act , the infringement notice may be served on the relevant person by the authorised person sending the notice by electronic communication to the unique electronic address nominated by the relevant person.\n(sec.19A-ssec.4) For section 158 (3) (b) of the Act , the day prescribed for the method of service stated in subsection (3) is the day the authorised person sends the infringement notice to the unique electronic address.\n(sec.19A-ssec.5) In this section— unique electronic address , for a person, means a fixed designation on a communication network assigned to the person for the purpose of the person receiving information. an email address, mobile phone number or user account\n- (a) an authorised person may serve an infringement notice for an offence on a person (the relevant person ) under section 13 or 14 of the Act ; and\n- (b) the relevant person consents to being served with the infringement notice by way of the authorised person using electronic communication to send the notice to a unique electronic address nominated by the relevant person.","sortOrder":59},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Serving infringement notices by post— Act , s 158","content":"### sec.19B Serving infringement notices by post— Act , s 158\n\nThis section applies if—\nan authorised person may serve an infringement notice for an infringement notice offence on a person under section 13 of the Act ; and\nthe offence does not involve a vehicle.\nFor section 158 (1) (d) of the Act , the infringement notice may be served on the person by the authorised person sending the notice by post to the postal address of the person.\nFor section 158 (3) (b) of the Act , the day prescribed for the method of service stated in subsection (2) is the day the infringement notice would be delivered in the ordinary course of post.\ns 19B ins 2018 SL No. 52 s 7\n(sec.19B-ssec.1) This section applies if— an authorised person may serve an infringement notice for an infringement notice offence on a person under section 13 of the Act ; and the offence does not involve a vehicle.\n(sec.19B-ssec.2) For section 158 (1) (d) of the Act , the infringement notice may be served on the person by the authorised person sending the notice by post to the postal address of the person.\n(sec.19B-ssec.3) For section 158 (3) (b) of the Act , the day prescribed for the method of service stated in subsection (2) is the day the infringement notice would be delivered in the ordinary course of post.\n- (a) an authorised person may serve an infringement notice for an infringement notice offence on a person under section 13 of the Act ; and\n- (b) the offence does not involve a vehicle.","sortOrder":60},{"sectionNumber":"sec.20","sectionType":"section","heading":"Delegation of prescribed functions","content":"### sec.20 Delegation of prescribed functions\n\nFor section 10C (3) of the Act , the registrar may delegate the following functions and powers to a service contractor—\nthe powers and functions of the registrar under section 24 of the Act ;\nthe powers and functions of the registrar under section 42 of the Act .\n- (a) the powers and functions of the registrar under section 24 of the Act ;\n- (b) the powers and functions of the registrar under section 42 of the Act .","sortOrder":61},{"sectionNumber":"sec.20AA","sectionType":"section","heading":"Entities for information-sharing arrangements— Act , s 134K","content":"### sec.20AA Entities for information-sharing arrangements— Act , s 134K\n\nFor section 134K (1) of the Act , each of the following entities is prescribed—\nthe department administering the Transport Operations (Road Use Management) Act 1995 ;\nthe Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 , section 465 .\ns 20AA ins 2021 SL No. 79 s 3\n- (a) the department administering the Transport Operations (Road Use Management) Act 1995 ;\n- (b) the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008 , section 465 .","sortOrder":62},{"sectionNumber":"sec.20AB","sectionType":"section","heading":"Decisions not to be generated by information system— Act , s 151","content":"### sec.20AB Decisions not to be generated by information system— Act , s 151\n\nFor section 151 (1) (c) of the Act , the following decisions of the registrar are prescribed—\na decision under section 32Q (3) of the Act about the revocation of a work and development order;\na decision under section 52 (2) , 107 (3) or 119 (3) of the Act to issue an arrest and imprisonment warrant;\na decision under section 57 (1) of the Act to cancel an enforcement order;\na decision to issue an enforcement warrant mentioned in section 63 (2) (a) of the Act ;\na decision under section 64 (3) of the Act to cancel, suspend or vary an enforcement warrant;\na decision under section 108D of the Act to issue an immobilisation warrant;\na decision under section 108E (3) of the Act to cancel, suspend or vary an immobilisation warrant.\ns 20AB ins 2021 SL No. 79 s 3\n- (a) a decision under section 32Q (3) of the Act about the revocation of a work and development order;\n- (b) a decision under section 52 (2) , 107 (3) or 119 (3) of the Act to issue an arrest and imprisonment warrant;\n- (c) a decision under section 57 (1) of the Act to cancel an enforcement order;\n- (d) a decision to issue an enforcement warrant mentioned in section 63 (2) (a) of the Act ;\n- (e) a decision under section 64 (3) of the Act to cancel, suspend or vary an enforcement warrant;\n- (f) a decision under section 108D of the Act to issue an immobilisation warrant;\n- (g) a decision under section 108E (3) of the Act to cancel, suspend or vary an immobilisation warrant.","sortOrder":63},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Administrative charge— Act , s 102","content":"### sec.20A Administrative charge— Act , s 102\n\nFor section 102 (1) (b) of the Act , the amount prescribed for an administrative cost of complying with a fine collection notice is $13.\nThe amount prescribed may be charged for each amount deducted from an enforcement debtor’s account.\ns 20A ins 2018 SL No. 52 s 7\n(sec.20A-ssec.1) For section 102 (1) (b) of the Act , the amount prescribed for an administrative cost of complying with a fine collection notice is $13.\n(sec.20A-ssec.2) The amount prescribed may be charged for each amount deducted from an enforcement debtor’s account.","sortOrder":64},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Protected amount— Act , ss 102 and 103C","content":"### sec.20B Protected amount— Act , ss 102 and 103C\n\nFor sections 102 (2) (b) and 103C (3) (b) of the Act , the amount prescribed as the protected amount is the protected earnings rate for a 1-week period.\ns 20B ins 2018 SL No. 52 s 7","sortOrder":65},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Administrative cost— Act , s 103C","content":"### sec.20C Administrative cost— Act , s 103C\n\nFor section 103C (5) of the Act , the amount prescribed for an administrative cost of complying with a fine collection notice is $13.\nHowever, if a financial institution deducts amounts from 2 or more accounts of the enforcement debtor—\nthe amount prescribed under subsection (1) applies only to 1 account of the enforcement debtor; and\nthe amount prescribed for the other accounts of the enforcement debtor is $0.\ns 20C ins 2018 SL No. 52 s 7\n(sec.20C-ssec.1) For section 103C (5) of the Act , the amount prescribed for an administrative cost of complying with a fine collection notice is $13.\n(sec.20C-ssec.2) However, if a financial institution deducts amounts from 2 or more accounts of the enforcement debtor— the amount prescribed under subsection (1) applies only to 1 account of the enforcement debtor; and the amount prescribed for the other accounts of the enforcement debtor is $0.\n- (a) the amount prescribed under subsection (1) applies only to 1 account of the enforcement debtor; and\n- (b) the amount prescribed for the other accounts of the enforcement debtor is $0.","sortOrder":66},{"sectionNumber":"sec.21","sectionType":"section","heading":"Minimum amount owing prescribed for vehicle immobilisation","content":"### sec.21 Minimum amount owing prescribed for vehicle immobilisation\n\nFor section 108A (c) of the Act , the prescribed amount is $5,000.","sortOrder":67},{"sectionNumber":"sec.22","sectionType":"section","heading":"Warrant issue fee","content":"### sec.22 Warrant issue fee\n\nFor section 119 (5) of the Act , the warrant issue fee is 123.65 fee units.\ns 22 amd 2015 SL No. 45 s 14 ; 2016 SL No. 88 s 13 ; 2017 SL No. 106 s 14 ; 2018 SL No. 65 s 13 ; 2019 SL No. 112 s 22 ; 2020 SL No. 116 s 12 ; 2021 SL No. 60 s 13 ; 2022 SL No. 53 s 15","sortOrder":68},{"sectionNumber":"sec.23","sectionType":"section","heading":"Civil enforcement fee","content":"### sec.23 Civil enforcement fee\n\nFor the Act , schedule 2 , definition civil enforcement fee , the fee prescribed for part 5 of the Act is 123.65 fee units.\ns 23 amd 2015 SL No. 45 s 15 ; 2016 SL No. 88 s 14 ; 2017 SL No. 106 s 15 ; 2018 SL No. 65 s 14 ; 2019 SL No. 112 s 23 ; 2020 SL No. 116 s 12 ; 2021 SL No. 60 s 13 ; 2022 SL No. 53 s 15","sortOrder":69},{"sectionNumber":"sec.24","sectionType":"section","heading":"Cut-out rate","content":"### sec.24 Cut-out rate\n\nFor the Act , schedule 2 , definition cut-out rate , paragraphs (b) , (d) and (e) , the cut-out rate is the amount equal to the prescribed penalty unit value.\nIn this section—\nprescribed penalty unit value means the value of 1 penalty unit under the Penalties and Sentences Act 1992 , section 5 (1) (a) (i) .\ns 24 amd 2018 SL No. 52 s 8\n(sec.24-ssec.1) For the Act , schedule 2 , definition cut-out rate , paragraphs (b) , (d) and (e) , the cut-out rate is the amount equal to the prescribed penalty unit value.\n(sec.24-ssec.2) In this section— prescribed penalty unit value means the value of 1 penalty unit under the Penalties and Sentences Act 1992 , section 5 (1) (a) (i) .","sortOrder":70},{"sectionNumber":"sec.25","sectionType":"section","heading":"Minimum instalment","content":"### sec.25 Minimum instalment\n\nFor the Act , schedule 2 , definition minimum instalment , the minimum amount a person who may pay an amount by instalments must pay is—\nfor the first instalment—$60; and\nfor each subsequent instalment—\n$30 for each fortnight, regardless of the frequency at which instalments must be paid; or\nthe amount remaining to be paid, if it is less than $30.\nIf the instalment payment notice requires instalments to be paid every 4 weeks, the minimum instalment for each 4 weeks is $60.\n- (a) for the first instalment—$60; and\n- (b) for each subsequent instalment— (i) $30 for each fortnight, regardless of the frequency at which instalments must be paid; or (ii) the amount remaining to be paid, if it is less than $30. Example for paragraph (b) (i) — If the instalment payment notice requires instalments to be paid every 4 weeks, the minimum instalment for each 4 weeks is $60.\n- (i) $30 for each fortnight, regardless of the frequency at which instalments must be paid; or\n- (ii) the amount remaining to be paid, if it is less than $30.\n- (i) $30 for each fortnight, regardless of the frequency at which instalments must be paid; or\n- (ii) the amount remaining to be paid, if it is less than $30.","sortOrder":71},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prescribed management fee— Act , s 24","content":"### sec.26 Prescribed management fee— Act , s 24\n\nFor the Act , section 24 (5) , the management fee is 1% of each instalment paid to SPER.","sortOrder":72},{"sectionNumber":"sec.27","sectionType":"section","heading":"Registration fee","content":"### sec.27 Registration fee\n\nFor the Act , schedule 2 , definition registration fee , the fee for registering an unpaid amount under the Act is 73.80 fee units.\ns 27 amd 2015 SL No. 45 s 16 ; 2016 SL No. 88 s 15 ; 2017 SL No. 106 s 16 ; 2018 SL No. 65 s 15 ; 2019 SL No. 112 s 24 ; 2020 SL No. 116 s 13 ; 2021 SL No. 60 s 14 ; 2022 SL No. 53 s 16","sortOrder":73},{"sectionNumber":"sec.28","sectionType":"section","heading":"Threshold amount","content":"### sec.28 Threshold amount\n\nFor the Act , schedule 2 , definition threshold amount , the amount at or above which a person may apply to an administering authority for approval to pay an infringement notice fine by instalments is $200.","sortOrder":74},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Waiver or return of fees for enforcement orders— Act , s 150AA","content":"### sec.28A Waiver or return of fees for enforcement orders— Act , s 150AA\n\nThis section applies if an enforcement order is issued against a person in relation to an infringement notice offence.\nThe registrar may waive or return all or part of a fee payable by the person for the enforcement order if—\nwithin 28 days of the date of the enforcement order, the person applies to SPER under section 42 of the Act ; and\nthe registrar approves the application; and\nthe registrar is satisfied—\nthe fine for the relevant infringement notice offence is less than the threshold amount; and\nthe person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.\nWithout limiting subsection (2) , the registrar may waive or return all or part of a fee payable by the person for the enforcement order if—\nthe person and an approved sponsor enter an agreement mentioned in section 32J (1) or 32O (1) of the Act within 28 days of the date of the infringement notice; and\nan application is made on behalf of the person under section 32J (1) or 32O (1) of the Act .\ns 28A ins 2018 SL No. 52 s 9\n(sec.28A-ssec.1) This section applies if an enforcement order is issued against a person in relation to an infringement notice offence.\n(sec.28A-ssec.2) The registrar may waive or return all or part of a fee payable by the person for the enforcement order if— within 28 days of the date of the enforcement order, the person applies to SPER under section 42 of the Act ; and the registrar approves the application; and the registrar is satisfied— the fine for the relevant infringement notice offence is less than the threshold amount; and the person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.\n(sec.28A-ssec.3) Without limiting subsection (2) , the registrar may waive or return all or part of a fee payable by the person for the enforcement order if— the person and an approved sponsor enter an agreement mentioned in section 32J (1) or 32O (1) of the Act within 28 days of the date of the infringement notice; and an application is made on behalf of the person under section 32J (1) or 32O (1) of the Act .\n- (a) within 28 days of the date of the enforcement order, the person applies to SPER under section 42 of the Act ; and\n- (b) the registrar approves the application; and\n- (c) the registrar is satisfied— (i) the fine for the relevant infringement notice offence is less than the threshold amount; and (ii) the person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.\n- (i) the fine for the relevant infringement notice offence is less than the threshold amount; and\n- (ii) the person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.\n- (i) the fine for the relevant infringement notice offence is less than the threshold amount; and\n- (ii) the person is unable to pay the amount stated in the infringement notice because the person is experiencing financial hardship.\n- (a) the person and an approved sponsor enter an agreement mentioned in section 32J (1) or 32O (1) of the Act within 28 days of the date of the infringement notice; and\n- (b) an application is made on behalf of the person under section 32J (1) or 32O (1) of the Act .","sortOrder":75},{"sectionNumber":"sec.29","sectionType":"section","heading":"Expenses for attendance— Act , s 134D","content":"### sec.29 Expenses for attendance— Act , s 134D\n\nThe following expenses are prescribed for section 134D (7) of the Act —\nthe expenses incurred by a person for—\ntravelling to and from the place the person is required to attend; or\naccommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend;\nany loss of earnings or additional expenses incurred by a person during the person’s absence from the person’s place of residence to attend the place the person is required to attend.\nThe amount of the expenses to be paid to the person is the amount payable under the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 , as—\nfor expenses mentioned in subsection (1) (a) (i) —a travelling allowance; or\nfor expenses mentioned in subsection (1) (a) (ii) —an accommodation allowance; or\nfor expenses mentioned in subsection (1) (b) —an attendance allowance.\nFor subsection (2) (a) , a reference in the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 , to the court is taken to be a reference to the place the person is required to attend.\ns 29 amd 2018 SL No. 52 s 10 ; 2019 SL No. 168 s 37 sch 5\n(sec.29-ssec.1) The following expenses are prescribed for section 134D (7) of the Act — the expenses incurred by a person for— travelling to and from the place the person is required to attend; or accommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend; any loss of earnings or additional expenses incurred by a person during the person’s absence from the person’s place of residence to attend the place the person is required to attend.\n(sec.29-ssec.2) The amount of the expenses to be paid to the person is the amount payable under the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 , as— for expenses mentioned in subsection (1) (a) (i) —a travelling allowance; or for expenses mentioned in subsection (1) (a) (ii) —an accommodation allowance; or for expenses mentioned in subsection (1) (b) —an attendance allowance.\n(sec.29-ssec.3) For subsection (2) (a) , a reference in the Uniform Civil Procedure (Fees) Regulation 2019 , part 3 , to the court is taken to be a reference to the place the person is required to attend.\n- (a) the expenses incurred by a person for— (i) travelling to and from the place the person is required to attend; or (ii) accommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend;\n- (i) travelling to and from the place the person is required to attend; or\n- (ii) accommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend;\n- (b) any loss of earnings or additional expenses incurred by a person during the person’s absence from the person’s place of residence to attend the place the person is required to attend.\n- (i) travelling to and from the place the person is required to attend; or\n- (ii) accommodation and meals if the person is necessarily absent from the person’s place of residence to attend the place the person is required to attend;\n- (a) for expenses mentioned in subsection (1) (a) (i) —a travelling allowance; or\n- (b) for expenses mentioned in subsection (1) (a) (ii) —an accommodation allowance; or\n- (c) for expenses mentioned in subsection (1) (b) —an attendance allowance.","sortOrder":76},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Enforcement costs— Act , s 149","content":"### sec.29A Enforcement costs— Act , s 149\n\nFor section 149 of the Act , the following types of cost are prescribed—\nwork of the type usually performed by a locksmith;\ntowing or otherwise transporting a vehicle;\nimpounding a vehicle;\nstoring or securing property;\ninsurance;\nselling property, including any of the following—\nengaging an agent;\nadvertising;\npreparation for sale;\ncommission.\ns 29A ins 2022 Act No. 10 s 46\n- (a) work of the type usually performed by a locksmith;\n- (b) towing or otherwise transporting a vehicle;\n- (c) impounding a vehicle;\n- (d) storing or securing property;\n- (e) insurance;\n- (f) selling property, including any of the following— (i) engaging an agent; (ii) advertising; (iii) preparation for sale; (iv) commission.\n- (i) engaging an agent;\n- (ii) advertising;\n- (iii) preparation for sale;\n- (iv) commission.\n- (i) engaging an agent;\n- (ii) advertising;\n- (iii) preparation for sale;\n- (iv) commission.","sortOrder":77},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":78},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provision for SL No. 177 of 2014","content":"## Transitional provision for SL No. 177 of 2014","sortOrder":79},{"sectionNumber":"sec.30","sectionType":"section","heading":"Particular expired infringement notice offences committed before commencement","content":"### sec.30 Particular expired infringement notice offences committed before commencement\n\nThis section applies in relation to the commission by a person of an offence if—\nat the time of the commission, the offence was prescribed under the expired regulation as an infringement notice offence for an Act (the relevant Act ); and\nthe offence is not prescribed under this regulation as an infringement notice offence.\nThe offence is prescribed as an infringement notice offence for the relevant Act and, for that purpose—\nthe fine payable for the offence is the fine payable for the offence under the expired regulation at the time of the commission of the offence; and\nthe previous administering authority for the offence is the administering authority for the offence; and\na previous authorised person for the offence is an authorised person for the offence.\nSubsection (2) does not limit the application of the Acts Interpretation Act 1954 , section 20.\nIn this section—\nexpired regulation means the State Penalties Enforcement Regulation 2000 as in force before its expiry.\nprevious administering authority , for an offence, means the administering authority for the offence under the expired regulation immediately before its expiry.\nprevious authorised person , for an offence, means an authorised person for the offence under the expired regulation immediately before its expiry.\n(sec.30-ssec.1) This section applies in relation to the commission by a person of an offence if— at the time of the commission, the offence was prescribed under the expired regulation as an infringement notice offence for an Act (the relevant Act ); and the offence is not prescribed under this regulation as an infringement notice offence.\n(sec.30-ssec.2) The offence is prescribed as an infringement notice offence for the relevant Act and, for that purpose— the fine payable for the offence is the fine payable for the offence under the expired regulation at the time of the commission of the offence; and the previous administering authority for the offence is the administering authority for the offence; and a previous authorised person for the offence is an authorised person for the offence.\n(sec.30-ssec.3) Subsection (2) does not limit the application of the Acts Interpretation Act 1954 , section 20.\n(sec.30-ssec.4) In this section— expired regulation means the State Penalties Enforcement Regulation 2000 as in force before its expiry. previous administering authority , for an offence, means the administering authority for the offence under the expired regulation immediately before its expiry. previous authorised person , for an offence, means an authorised person for the offence under the expired regulation immediately before its expiry.\n- (a) at the time of the commission, the offence was prescribed under the expired regulation as an infringement notice offence for an Act (the relevant Act ); and\n- (b) the offence is not prescribed under this regulation as an infringement notice offence.\n- (a) the fine payable for the offence is the fine payable for the offence under the expired regulation at the time of the commission of the offence; and\n- (b) the previous administering authority for the offence is the administering authority for the offence; and\n- (c) a previous authorised person for the offence is an authorised person for the offence.","sortOrder":80},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provision for State Penalties Enforcement (Modernisation) Amendment Act 2022","content":"## Transitional provision for State Penalties Enforcement (Modernisation) Amendment Act 2022","sortOrder":81},{"sectionNumber":"sec.31","sectionType":"section","heading":"Infringement notices served before change of administering authority","content":"### sec.31 Infringement notices served before change of administering authority\n\nThis section applies in relation to an infringement notice for an offence served on a person if—\nwhen the notice was served, an entity (the first entity ) was prescribed by this regulation to be the administering authority for the infringement notice or offence; and\nthe notice stated that the person must or may—\npay a fine to the first entity; or\nmake an election or application to the first entity; or\ngive a declaration or other document to the first entity; and\nafter the notice was served, a 2022 Act amendment commenced and another entity (the second entity ) became the administering authority for the infringement notice or offence.\nFrom the commencement of the 2022 Act amendment, for the purpose of a relevant provision of the Act , the first entity and the second entity are each prescribed to be an administering authority for the infringement notice or offence.\nTo remove any doubt, it is declared that subsection (2) does not require a person to do a thing under a relevant provision in relation to both the first entity and the second entity.\nIf, under a relevant provision, a person served with an infringement notice may pay a fine to the administering authority, the person may pay the fine to either the first entity or the second entity.\nIn this section—\n2022 Act amendment means an amendment of this regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022 .\nrelevant provision means a provision under which a thing mentioned in subsection (1)(b)(i) to (iii) must or may be done.\ns 31 ins 2022 Act No. 10 s 50\n(sec.31-ssec.1) This section applies in relation to an infringement notice for an offence served on a person if— when the notice was served, an entity (the first entity ) was prescribed by this regulation to be the administering authority for the infringement notice or offence; and the notice stated that the person must or may— pay a fine to the first entity; or make an election or application to the first entity; or give a declaration or other document to the first entity; and after the notice was served, a 2022 Act amendment commenced and another entity (the second entity ) became the administering authority for the infringement notice or offence.\n(sec.31-ssec.2) From the commencement of the 2022 Act amendment, for the purpose of a relevant provision of the Act , the first entity and the second entity are each prescribed to be an administering authority for the infringement notice or offence.\n(sec.31-ssec.3) To remove any doubt, it is declared that subsection (2) does not require a person to do a thing under a relevant provision in relation to both the first entity and the second entity. If, under a relevant provision, a person served with an infringement notice may pay a fine to the administering authority, the person may pay the fine to either the first entity or the second entity.\n(sec.31-ssec.4) In this section— 2022 Act amendment means an amendment of this regulation by the State Penalties Enforcement (Modernisation) Amendment Act 2022 . relevant provision means a provision under which a thing mentioned in subsection (1)(b)(i) to (iii) must or may be done.\n- (a) when the notice was served, an entity (the first entity ) was prescribed by this regulation to be the administering authority for the infringement notice or offence; and\n- (b) the notice stated that the person must or may— (i) pay a fine to the first entity; or (ii) make an election or application to the first entity; or (iii) give a declaration or other document to the first entity; and\n- (i) pay a fine to the first entity; or\n- (ii) make an election or application to the first entity; or\n- (iii) give a declaration or other document to the first entity; and\n- (c) after the notice was served, a 2022 Act amendment commenced and another entity (the second entity ) became the administering authority for the infringement notice or offence.\n- (i) pay a fine to the first entity; or\n- (ii) make an election or application to the first entity; or\n- (iii) give a declaration or other document to the first entity; and","sortOrder":82},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provision for Water and Other Legislation Amendment Regulation 2024","content":"## Transitional provision for Water and Other Legislation Amendment Regulation 2024","sortOrder":83},{"sectionNumber":"sec.32","sectionType":"section","heading":"Repealed infringement notice offences under Water Regulation 2016","content":"### sec.32 Repealed infringement notice offences under Water Regulation 2016\n\nThis section applies in relation to—\nthe commission of an offence before the commencement against the Water Regulation 2016 , former section 110A(4) or (5) or 113(3); or\nthe commission of an offence after the commencement against the Water Regulation 2016 , former section 113(3) as applying under section 165 of that regulation.\nSchedule 1, entry for the Water Regulation 2016 , as in force before the commencement continues to apply in relation to the offence as if the Water and Other Legislation Amendment Regulation 2024 had not been made.\nSubsection (2) does not limit the application of the Acts Interpretation Act 1954 , section 20.\nIn this section—\nformer , in relation to a provision of the Water Regulation 2016 , means the provision as in force from time to time before the commencement.\ns 32 ins 2024 SL No. 121 s 12\n(sec.32-ssec.1) This section applies in relation to— the commission of an offence before the commencement against the Water Regulation 2016 , former section 110A(4) or (5) or 113(3); or the commission of an offence after the commencement against the Water Regulation 2016 , former section 113(3) as applying under section 165 of that regulation.\n(sec.32-ssec.2) Schedule 1, entry for the Water Regulation 2016 , as in force before the commencement continues to apply in relation to the offence as if the Water and Other Legislation Amendment Regulation 2024 had not been made.\n(sec.32-ssec.3) Subsection (2) does not limit the application of the Acts Interpretation Act 1954 , section 20.\n(sec.32-ssec.4) In this section— former , in relation to a provision of the Water Regulation 2016 , means the provision as in force from time to time before the commencement.\n- (a) the commission of an offence before the commencement against the Water Regulation 2016 , former section 110A(4) or (5) or 113(3); or\n- (b) the commission of an offence after the commencement against the Water Regulation 2016 , former section 113(3) as applying under section 165 of that regulation.","sortOrder":84}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":791},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2014 scope. Initially focused on standardising fine enforcement and infringement notices, it has grown to include: (1) a comprehensive work and development order scheme (Part 5A, 2018) allowing vulnerable people to work off debts; (2) an extensive approved sponsor framework (Part 5B, 2019) with eligibility criteria, compliance conditions, and disciplinary processes; (3) electronic service provisions (2016, 2018); and (4) multiple modernisation amendments (2022, 2024) handling administrative changes and water regulation offences. The regulation now functions as both a fine-setting mechanism and a social services delivery framework."},"complexity_factors":["Multiple nested conditional structures for calculating infringement notice fines (7-tier sliding scale for local laws, 3-tier for by-laws)","Extensive cross-referencing to the parent Act and other Queensland legislation (Police Powers Act, Transport Operations Act, Mental Health Act, etc.)","Detailed eligibility criteria for approved sponsors with 8 separate conditions for individuals and 10 for entities","Complex transitional provisions preserving rights under repealed regulations and handling changes in administering authorities","Mathematical formula for calculating debt reduction from treatment programs (A/B ratio with $1,000 monthly cap)","Multiple defined terms requiring reference to Schedule 2 dictionary and external documents (DSM-5, ASGS remoteness structure)","Disciplinary process with show cause notices, immediate suspension powers, and QCAT review rights","Fee unit calculations requiring rounding down to nearest 5 cents"],"plain_english_summary":"This is a **Queensland regulation** that sets out the detailed rules for how fines and penalties are enforced in the state. It works alongside the *State Penalties Enforcement Act 1999* (referred to as \"the Act\" throughout).\n\n**What it does:**\n\n- **Sets fines for infringement offences** — It lists specific offences from various Queensland laws (called \"nominated laws\") and fixes the dollar amount of fines that can be issued on-the-spot (infringement notices). For some offences, it caps fines at the lesser of 10% of the maximum court penalty or 20 penalty units.\n\n- **Covers local council fines** — It automatically applies to certain local law and by-law offences (non-violent, with penalties up to 50 penalty units for local laws or 10 for by-laws), setting standard fine amounts that scale with the seriousness of the offence.\n\n- **Specifies who can issue fines** — It names which government agencies and authorised officers can serve infringement notices for different offences.\n\n- **Sets out what information must be recorded** — Detailed rules about what identifying details must be captured for alleged offenders, vehicles, and animals involved in offences.\n\n- **Creates a \"work and development order\" scheme** — This allows people who can't pay their fines due to hardship, mental illness, or substance use disorders to work off their debt through approved activities like unpaid work, counselling, or training. The regulation sets eligibility criteria, approves sponsors who supervise this work, and caps debt reduction at $1,000 per month.\n\n- **Prescribes fees and thresholds** — It fixes amounts for warrant fees, registration fees, instalment minimums ($200 threshold for instalment plans, $60 first payment then $30/fortnight), and protected earnings rates.\n\n- **Allows electronic service** — Sets rules for serving infringement notices by email or other electronic means with consent.\n\n**Who it affects:** Anyone who receives a fine in Queensland (parking tickets, speeding fines, local council penalties), plus government agencies, courts, local councils, and approved community organisations who supervise work and development orders."},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has grown substantially beyond its original 2014 scope of simply prescribing infringement notice offences and fines. It has expanded to include a comprehensive Work and Development Order framework (added 2018), an Approved Sponsor regulatory regime with full application, compliance, and disciplinary processes (added 2019), electronic service of notices (added 2016), information-sharing provisions with other agencies (added 2021), vehicle immobilisation rules, bank account garnishment administrative charges, and fee waiver provisions for financial hardship. What started as primarily a fine-setting instrument has evolved into a broader social justice and enforcement administration framework."},"complexity_factors":["Extensive cross-referencing to the parent Act (State Penalties Enforcement Act) and numerous other Queensland statutes throughout","Multiple layered calculation formulas for fine amounts based on penalty unit tiers and brackets","Work and Development Order framework involves clinical definitions (DSM-5 substance use disorders, Mental Health Act definitions) integrated into enforcement law","Approved Sponsor regime involves a complete regulatory lifecycle: application, eligibility, conditions, record-keeping, auditing, disciplinary action, and QCAT review rights","Fee unit system requires a secondary calculation step (multiplication then rounding down to nearest 5 cents) rather than fixed dollar amounts","Different rules apply for different offence types: nominated laws, local laws, by-laws, HVNL(Q) offences, railway offences — each with distinct fine calculation methods","Protected amount and administrative charge provisions interact with separate financial institution rules","Extensive schedule-based structure means the regulation cannot be fully understood without consulting Schedule 1 (offences list) and Schedule 1A (WDO debt reduction amounts)","Multiple amendments layered over original 2014 text creating version complexity"],"plain_english_summary":"## What This Law Does\n\nThis is a Queensland government regulation that sets the rules for how **infringement notices (fines/tickets) are issued, managed, and enforced** across Queensland. Think of it as the operational rulebook behind every fine you might receive — from a parking ticket to a heavy vehicle road offence.\n\n## Who It Affects\n\n**Everyday Queenslanders** who receive fines — whether for traffic offences, local council rule breaches, or other minor offences covered by Queensland law.\n\n**Businesses and organisations** that want to become 'approved sponsors' — meaning charities, health services, or community organisations that can host people working off their fines instead of paying them.\n\n**Government agencies and local councils** that issue fines and need to follow specific rules about how those fines are recorded and enforced.\n\n## Key Things It Does\n\n1. **Sets fine amounts** — It lists which offences can result in an on-the-spot fine (instead of going to court), and how much those fines are.\n\n2. **Defines who can issue fines** — It specifies which authorised officers (e.g., police, council rangers) can hand out fines for which laws.\n\n3. **Describes what must be on a fine notice** — Physical description of the person, vehicle details, animal details, etc.\n\n4. **Allows fines to be paid by instalments** — If you can't afford to pay all at once, there are rules for instalment arrangements (minimum $60 first payment, then $30 per fortnight).\n\n5. **Work and Development Orders (WDOs)** — If you genuinely cannot pay a fine due to mental illness, substance use disorders, homelessness, or living in a remote area, you may be able to 'work off' your debt through approved community activities, treatment programs, or unpaid work. The debt can be reduced by up to **$1,000 per month** this way.\n\n6. **Approved Sponsors** — Community organisations can apply to supervise people doing WDOs. The regulation sets out how they apply, what conditions they must meet, and how their approval can be suspended or cancelled.\n\n7. **Enforcement tools** — If you don't pay, the State Penalties Enforcement Registry (SPER) can use various tools including wage garnishment (taking money from your pay), bank account deductions, and vehicle immobilisation (clamping your car — triggered when you owe $5,000 or more).\n\n8. **Fee waivers for hardship** — People experiencing financial hardship with small fines (under $200) can apply to have enforcement fees waived.\n\n## Why It Matters\n\nIf you receive a fine in Queensland, this regulation determines how much you pay, how you can pay it, what happens if you don't, and whether you have alternative options if you can't afford it. It also protects a minimum amount of your income from being seized to pay debts."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.19AE","severity":"medium","reasoning":"Section 19AE(1) defines a prescribed activity as one that does not result in personal benefit to the sponsor etc., but section 19AE(2) then carves out exceptions where such activity 'is not unpaid work'. The regulation never positively defines what unpaid work IS for paragraph (b) — only what it is not — making it practically impossible to confirm compliance without guessing at the residual category.","confidence":0.65,"description":"The definition of 'prescribed activity' (unpaid work) is defined by what it is NOT — it must not result in personal benefit to the sponsor or associates. However, 'unpaid work' is the parent concept being defined, creating a situation where activity can simultaneously qualify as a 'prescribed activity' and still be excluded from being 'unpaid work' under sec.19AE(2), meaning the positive definition of what qualifies is entirely absent and compliance requires proving a negative."},{"type":"other","section":"sec.19AP and sec.19AE","severity":"low","reasoning":"The scheme is logically designed to prevent conflicts of interest, but the double-layer prohibition creates redundancy: activity benefiting the sponsor cannot be prescribed activity under 19AE, so the conflict of interest reporting in 19AL(h) only meaningfully applies to perceived (not actual) conflicts, since actual conflicts should have been screened out at the definitional stage.","confidence":0.6,"description":"Section 19AE(1) defines a 'prescribed activity' as one that does NOT result in personal benefit to the sponsor or associates. Section 19AP defines a 'conflict of interest' as existing where an activity DOES result in personal benefit to the sponsor or associates. These two provisions are designed to work together, but the logical structure means that if a conflict of interest exists (sec.19AP), the activity would not meet the definition of a prescribed activity (sec.19AE) in the first place — making sec.19AL(h)'s obligation to 'report all real or perceived conflicts of interest' partially redundant since such activities would never validly occur under the scheme."},{"type":"impossible_compliance","section":"sec.19A(4)","severity":"medium","reasoning":"Unlike postal service (sec.19B(3)) which deems service on the day of ordinary delivery, electronic service is deemed effective at moment of sending. A person could be legally served, have enforcement orders issued and fees accrue, while the email bounced or went to spam, with no mechanism to address this gap beyond the general cancellation provisions in sec.17.","confidence":0.75,"description":"Section 19A(4) prescribes that service by electronic communication is deemed to occur on 'the day the authorised person sends the infringement notice to the unique electronic address.' This creates an absurdity where service is legally effective at the moment of sending regardless of whether the notice is ever received, read, or even deliverable — potentially serving an undelivered or bounced email as valid legal service of an infringement notice."},{"type":"self_contradicting","section":"sec.7(2)","severity":"low","reasoning":"Under sec.7(2)(a)(i), offences of 'not more than 0.5' penalty units attract the maximum penalty (which could be up to 0.5 PU). Under sec.7(2)(a)(ii), offences of 'more than 0.5 but not more than 5' attract only 0.5 PU. So an offence with a max of 0.5 PU attracts 0.5 PU fine, while an offence with a max of 1 PU also attracts only 0.5 PU — this is intended, but at the boundary, an offence capped at exactly 0.5 PU gets fined at its maximum (0.5 PU) while a marginally more serious offence also gets 0.5 PU, creating no marginal deterrence difference.","confidence":0.5,"description":"The fine scale for local law infringement notice offences produces an anomaly where an offence with a maximum penalty of exactly 0.5 penalty units attracts the full maximum penalty, while an offence with a maximum penalty of 0.51 penalty units attracts only 0.5 penalty units — meaning a more serious offence attracts a lower infringement fine than a less serious one when penalties straddle the 0.5 threshold."},{"type":"other","section":"sec.19AN(2)","severity":"low","reasoning":"While the policy intent is understandable (identity documents may be harder to obtain in remote communities), the provision creates a logical gap: without identity proof, how does the sponsor verify the person is who they claim to be for the purposes of the work and development order? No substitute mechanism is prescribed.","confidence":0.55,"description":"Section 19AN(1)(a) requires approved sponsors to keep proof of identity for individuals on whose behalf they apply for work and development orders. Section 19AN(2) exempts this requirement for residents of 'remote and discrete Aboriginal or Torres Strait Islander community'. This creates an absurdity where the identity verification exemption applies to some of the most vulnerable persons in the work and development order scheme — individuals who already face barriers to proving identity — but the exemption is framed as geographic rather than practically justified, and no alternative verification mechanism is prescribed."},{"type":"other","section":"sec.19AF(3)","severity":"low","reasoning":"The formula A/B × monthly amount when A=0 yields zero debt reduction. The regulation does not specify what happens to the order when participation is consistently zero, beyond the general revocation provisions in the Act. The interplay creates a potential loop.","confidence":0.5,"description":"Section 19AF(3) caps SPER debt reduction at $1,000 per month under work and development orders. However, no minimum monthly debt reduction is prescribed, and the formula in sec.19AF(2) produces proportional reductions. If a person attends zero hours (A=0), the formula produces a $0 reduction — meaning a person on a work and development order who attends no sessions in a month satisfies $0 of their debt, but remains subject to the order and presumably its conditions, creating an indefinite holding pattern with no mechanism to terminate for non-participation within the month."}],"contradictions":[{"severity":"medium","section_a":"sec.4(2)(b)","section_b":"sec.4(3)","confidence":0.7,"description":"Section 4(2)(b) states that the fine in Schedule 1 column 2 'is the fine payable' for an infringement notice offence. Section 4(3) then provides that 'however', for HVNL(Q) offences, the fine is the lesser of 10% of the maximum penalty or 20 penalty units. This creates a direct contradiction: the Schedule 1 amount is declared to be 'the fine payable' in absolute terms, but sec.4(3) overrides this with a different calculation method. The word 'however' signals an override, but the regulation does not address which figure in Schedule 1 applies where the HVNL(Q) calculation yields a different amount — creating uncertainty about whether the Schedule 1 figure has any operative effect for HVNL(Q) offences."},{"severity":"medium","section_a":"sec.19AJ(1)","section_b":"sec.19AJ(3)","confidence":0.65,"description":"Section 19AJ(1) states the registrar 'must consider the application and decide to grant or refuse the application' — imposing a mandatory obligation to make a decision. Section 19AJ(3) states the registrar 'may refuse to grant the application if satisfied' of certain grounds — using permissive language. Read together, the registrar is mandatorily required to make a decision (grant or refuse), but the grounds for refusal are discretionary (may refuse). This creates a contradiction: if the registrar is satisfied of a refusal ground but exercises discretion not to refuse, must they grant? Section 19AJ(2) says the registrar 'may grant' only if satisfied of eligibility, but there is no mandatory grant even where eligibility is established, leaving the registrar potentially unable to either grant or refuse without contradiction."},{"severity":"low","section_a":"sec.19AM(1)","section_b":"sec.19AM(2)","confidence":0.5,"description":"Section 19AM(1) states the registrar 'may amend an approval of an approved sponsor with the agreement of the sponsor' — implying both parties must agree. Section 19AM(2) states the registrar 'must not agree to an amendment if, because of the amended approval, the sponsor would not be eligible.' The use of 'agree' in sec.19AM(2) suggests the registrar is one party agreeing, but sec.19AM(1) frames amendment as the registrar acting 'with the agreement of' the sponsor — not the registrar agreeing with the sponsor. This grammatical inconsistency creates uncertainty about who initiates amendment and whether the registrar's role is active (amending) or passive (agreeing)."},{"severity":"medium","section_a":"sec.19AY(4)(b)(i)","section_b":"sec.19AX(1)(b)","confidence":0.6,"description":"Section 19AX(1)(b) allows the registrar to suspend an approval 'for a stated period of time of not more than 3 months' following the show cause process. Section 19AY(4)(b)(i) provides that an immediate suspension (without show cause) also ends after 3 months. However, where an immediate suspension under sec.19AY occurs and is followed by a show cause process leading to a further suspension under sec.19AX, the regulation does not address whether the periods run concurrently or consecutively — potentially allowing total suspension of up to 6 months without cancellation, or alternatively creating uncertainty about whether the second suspension can be imposed after the first has already run for 3 months."},{"severity":"low","section_a":"sec.19AL(1)(c)","section_b":"sec.19AI(1)(d)","confidence":0.55,"description":"Section 19AI(1)(d) requires an individual applicant to have 'suitable insurance cover for the proposed activities' as a condition of eligibility. Section 19AL(1)(c) requires an approved sponsor to 'comply with all funding agreements applying to the sponsor and relevant to the proposed activities' as a statutory condition. However, for individual sponsors who are not subject to funding agreements (unlike entities under sec.19AI(2)(e)), sec.19AL(1)(c) may impose a compliance obligation that can never be triggered (there being no funding agreement), creating an inoperative statutory condition for individual sponsors."},{"severity":"low","section_a":"sec.19B(1)(b)","section_b":"sec.11(1)","confidence":0.55,"description":"Section 19B permits postal service of an infringement notice for a non-vehicle offence under section 13 of the Act. Section 11(1) states that the identifying particulars provisions do not apply to infringement notices for offences 'involving a vehicle or animal.' Read together, sec.19B(1)(b) restricts postal service to non-vehicle offences, which aligns with sec.11, but sec.19B makes no reference to animal offences — meaning postal service of an infringement notice for an animal offence would not be covered by sec.19B (since it only carves out vehicle offences), yet the identifying particulars in sec.13 (for animals) suggest animal offences are a recognised category. The omission of animal offences from sec.19B creates an unintended gap in postal service authority."}]}},"importantCases":[],"_links":{"self":"/api/acts/state-penalties-enforcement-regulation-2014","history":"/api/acts/state-penalties-enforcement-regulation-2014/history","analysis":"/api/acts/state-penalties-enforcement-regulation-2014/analysis","conflicts":"/api/acts/state-penalties-enforcement-regulation-2014/conflicts","importantCases":"/api/acts/state-penalties-enforcement-regulation-2014/important-cases","documents":"/api/acts/state-penalties-enforcement-regulation-2014/documents"}}