Fines, Penalties and Infringement Notices Enforcement Act 1994
In ForceWA
Jurisdiction
Western Australia
Collection
act
Plain English Summary
8/10 complexity
Mechanically, the Act creates a Fines Enforcement Registry and empowers a Registrar and the Sheriff to register fines and use enforcement tools (warrants, garnishee and bank‑account orders, licence suspensions, work‑and‑development orders and custodial warrants) plus court inquiry and conditional‑release processes to recover unpaid fines. It places obligations on employers, banks and other payers to deduct and report and creates record‑keeping and penalty rules. Officials must treat imprisonment as a last resort and the Act defines hardship (financial, family violence, mental illness, disability, homelessness, substance problems) to limit imprisonment for inability to pay.
The Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) (the FPINE Act) is Western Australia's central statute for the administrative and coercive enforcement of unpaid fines and infringement notice penalties. It creates the Fines Enforcement Registry (the Registry), establishes the office of the Registrar, and provides a sequential enforcement framework that escalates from administrative notices through to licence suspension, seizure of property and, as a last resort, a warrant of commitment that may result in imprisonment.
The Act has been substantially reformed since its original enactment, with major structural amendments in 2012 and 2020. The 2020 amendments introduced significant changes to the work and development order (WDO) regime and the warrant of commitment process, reflecting longstanding concern about the disproportionate impact of fine default enforcement on disadvantaged persons, particularly Indigenous Western Australians.
Part 1: Preliminary
Part 1 contains definitions and general principles. Section 3 sets out the key terms including "enforcement warrant", "fine", "infringement notice", "licence suspension order", "Registrar", "Registry", "time to pay order" and "WDO" (work and development order). The definition of "fine" is broadly cast to capture court-imposed monetary penalties under any written law.
Current sections
Direct links to the current provisions in Fines, Penalties and Infringement Notices Enforcement Act 1994.
33
Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
General principles relating to enforcement of fines 4
4A. Hardship 5
4B. Remote areas 5
Service of documents 6
5A. Service by electronic means 7
5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 7
5C. Act binds Crown 8
Part 2
Fines Enforcement Registry
Part 2 — Fines Enforcement Registry
Registry established 9
Registrar 9
7A. Registrar may delegate 9
Payments to Registry 10
Registrar exempt from fees 10
10B. Registrar to keep record of outstanding fines and other amounts payable by young persons 10
Part 3
Infringement notices
Part 3 — Infringement notices
Terms used 12
Application 13
Approved prosecuting authorities and officers 13
Div 2
Enforcement of infringement notices
Division 2 — Enforcement of infringement notices
Final demand may be issued if modified penalty not paid 14
14A. Final demand may be issued if instalment under Road Traffic (Administration) Act 2008 Part 5 not paid 15
Infringement notice may be registered 16
Registration of infringement notice: enforcement certificate 17
Order to pay or elect 19
17A. Balance payment order 20
Notice of intention to enforce 21
Licence suspension order 23
Cancelling licence suspension orders 26
20A. Alleged offender may request cancellation of licence suspension order 27
20B. Registrar may request further information 28
21A. Enforcement warrant 29
Div 2A
Time to pay orders
Division 2A — Time to pay orders
21B. Application for time to pay order 30
21C. Making time to pay order 31
21D. Alleged offender may apply to have time to pay order amended 32
21E. Registrar may amend time to pay order 32
21F. Payments ordered must be within means of alleged offender 33
21G. Registrar may cancel time to pay order 33
21H. Enforcement action suspended while time to pay order is in force 33
Div 3
Miscellaneous
Division 3 — Miscellaneous
Election by alleged offender or prosecuting authority 34
Prosecuting authority may withdraw proceedings 36
Effect of order to pay or elect or balance payment order 38
Effect of payment of modified penalty or outstanding balance of modified penalty 38
Continuing offences: effect of proceedings under this Part 39
Effect of order to pay or elect in relation to offences under road laws 39
How recovered amounts to be applied 40
27A. Certain decisions of Registrar are final 41
Part 4
Fines
Part 4 — Fines
Terms used 42
Application of Part 45
Court may request offender’s address 45
Division 2 — Payment and registration of fines
Subdiv 1
Fines taken to be registered when imposed
Subdivision 1 — Fines taken to be registered when imposed
Application 46
Offender must pay fine or get time to pay order 46
Subdiv 2
Fines registered at request of prosecuting authority
Subdivision 2 — Fines registered at request of prosecuting authority
32A. Application 48
32B. Fine may be registered at request of prosecuting authority 48
Subdiv 3
Time to pay orders
Subdivision 3 — Time to pay orders
32C. Application for time to pay order 49
Making time to pay order 49
Offender may apply to have time to pay order amended 51
Registrar may amend time to pay order 51
35A. Payments ordered must be within means of offender 52
Registrar may cancel time to pay order 52
Enforcement action suspended while time to pay order is in force 52
Subdiv 4
Cancellation of registration
Subdivision 4 — Cancellation of registration
Cancellation of registration 53
Division 3 — Notice of intention to enforce
Notice of intention to enforce 54
Div 3A
Licence suspension orders
Division 3A — Licence suspension orders
Licence suspension order 56
Cancelling licence suspension order 58
44A. Offender may request cancellation of licence suspension order 59
44B. Registrar may request further information 60
Div 3B
Enforcement warrants
Division 3B — Enforcement warrants
Enforcement warrant 61
Div 3C
Work and development
Division 3C — Work and development
Division does not apply to body corporate 61
Subdivision 2 — Work and development permits
46A. Work and development permit 62
46B. Eligibility for work and development permit 62
46C. Application for work and development permit 63
46D. Issue of work and development permit 64
46E. Form of work and development permit 64
46F. Duration of work and development permit 65
46G. Discharge of liability under work and development permit 66
46H. Cancellation of work and development permit 67
46I. Amendment of work and development permit 68
46J. Approval of sponsors for work and development permits 68
46K. General provisions about approved sponsors 69
46L. Guidelines for work and development permits 69
46M. Guidelines to be taken into account 70
46N. Regulations about work and development permits 70
Subdivision 3 — Work and development orders
Order to attend for work and development 71
47B. Effect of order to attend for work and development 72
47C. Cancellation and duration of order to attend for work and development 73
Making work and development order 73
Effect of work and development order 74
Primary requirements of work and development order 75
Discharge of liability under work and development order 76
Cancellation and duration of work and development order 77
Div 3D
Fine expiation orders
Division 3D — Fine expiation orders
52A. Division does not apply to body corporate 77
52B. Term used: daily expiation amount 77
52C. When a person is in custody for the purposes of fine expiation order 78
52D. Fine expiation order 79
52E. Application for fine expiation order 79
52F. Issue of fine expiation order 80
52G. Form of fine expiation order 80
52H. Discharge of liability when fine expiation order is issued 81
52I. Discharge of liability under ongoing fine expiation order 82
52J. Cancellation and duration of fine expiation order 82
Div 3E
Warrants of commitment and other court‑ordered enforcement action
Division 3E — Warrants of commitment and other court‑ordered enforcement action
52K. Division does not apply to body corporate 83
52L. Magistrates Court to be constituted by Magistrate 84
Subdivision 2 — Application for and conduct of warrant of commitment inquiry
52M. Warrant of commitment inquiry 84
52N. Application for warrant of commitment inquiry 85
52O. Information and evidence to be included in application 86
52P. Decision on application for warrant of commitment inquiry 87
52Q. Issue of summons or arrest warrant 88
52R. Conduct of warrant of commitment inquiry 89
52S. Court may make orders or issue warrant of commitment 90
52T. Effect of orders under s. 52S(1)(a) to (c) 91
Subdivision 3 — Summons to appear at warrant of commitment inquiry
52U. Form of summons 91
52V. Service of summons 92
52W. Oral service or substituted service of summons 93
52X. Summons ceases to have effect if application withdrawn 94
Subdivision 4 — Arrest warrant for appearance at warrant of commitment inquiry
52Y. Form of arrest warrant 94
52Z. Effect of arrest warrant 94
52ZA. Duration of arrest warrant 95
52ZB. Conditional release of arrested offender 96
52ZC. Responsible officer for conditional release of offender 97
52ZD. Conditional release undertaking 98
52ZE. Duties of person before whom conditional release undertaking entered into 99
52ZF. Limitations on right to conditional release 99
52ZG. Offence of failure to comply with conditional release undertaking 100
52ZH. General provisions about conditional release 100
Subdiv 5
Miscellaneous provisions about warrant of commitment inquiry
Subdivision 5 — Miscellaneous provisions about warrant of commitment inquiry
52ZI. Withdrawal of application for warrant of commitment inquiry 101
52ZJ. Appearance of offender at warrant of commitment inquiry by video link or audio link 102
52ZK. Appeal 103
52ZL. Evidence of appearance or non‑appearance of offender 103
Subdiv 6
Imprisonment under warrant of commitment
Subdivision 6 — Imprisonment under warrant of commitment
Effect of warrant of commitment 103
Div 3F
Interaction of enforcement action under this Part
Division 3F — Interaction of enforcement action under this Part
53A. Effect of enforcement instrument or WDO on other enforcement powers 105
53B. Effect of warrant of commitment inquiry process or warrant of commitment on other enforcement powers 107
Div 4
Miscellaneous
Division 4 — Miscellaneous
Functions of Registrar in relation to Service and Execution of Process Act 1992 (Commonwealth) Part 7 107
How recovered amounts to be dealt with 108
55A. Certain decisions of Registrar are final 108
Part 5A
Publication of details of persons on Registrar’s website
Part 5A — Publication of details of persons on Registrar’s website
56A. Terms used 109
56AA. Outstanding orders to pay or elect 110
56AB. Outstanding balance payment orders 111
56B. Outstanding registered fines 111
56C. Relevant details of persons 112
Division 2 — Publication of relevant details of persons on Registrar’s website
56D. Publication of relevant details of persons on Registrar’s website 113
56E. Removal of relevant details from website 114
Part 5
Amounts forfeited under undertakings
Part 5 — Amounts forfeited under undertakings
Amounts payable by defendants and offenders 115
Amounts payable by sureties 116
Amounts payable by witnesses and sureties for witnesses 116
59A. Automatic registration of amounts payable 117
Part 6
Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings
Part 6 — Reciprocal enforcement of fines imposed on bodies corporate in summary proceedings
Terms used 118
Prescription of reciprocating States and courts 118
Enforcement of interstate fine against body corporate 119
Effect of enforcement by reciprocating court 120
Part 7
Enforcement warrants
Part 7 — Enforcement warrants
Terms used 121
Warrant has indefinite life 124
Division 2 — General functions of the Sheriff
Sheriff may delegate 124
Police assistance may be requested 124
Sheriff to note time of receipt of warrant 125
68A. Execution may be stayed 125
68B. Notice of right to apply under s. 101AA to be given for warrants issued under Part 3 126
Examination in aid of seizure or exercise of additional powers relating to vehicles 128
Determining debtor’s interest in property 128
70A. Personal property to be sold in preference to real property 130
70B. Only sufficient property to be sold 130
70C. Seized property, Sheriff to determine fair value of 130
70D. Interests of others 131
70E. Sale to be advertised 131
Division 3 — Seizure and sale of personal property
Enforcement warrant, effect of 132
Seizing personal property, powers enabling 134
Property that cannot be seized and sold 135
Seizure of documents 135
Seizure of cheques etc. 136
Debts due to debtor to be paid to Sheriff 136
Notice of seizure 137
Custody of seized property 138
Manner and place of sale 138
Sale price 139
Sale passes good title: protection of Sheriff 139
Division 4 — Seizure and sale of land
Warrant, effect of 140
Seizure: how effected 142
Cancelling memorials 143
Power of entry 143
91A. Debtor may be permitted to sell or mortgage real property 144
91B. Place and manner of sale 145
Sale and transfer of land seized 146
Div 5
Interpleader
Division 5 — Interpleader
Making claim to property seized 147
Sheriff may admit or dispute claim 147
Div 6A
Additional powers relating to vehicles
Division 6A — Additional powers relating to vehicles
Subdivision 1 — General provisions
95A. Application 148
95B. Warning notices 148
Subdivision 2 — Immobilisation of vehicles
95C. Immobilisation of vehicles 148
95D. Removal of immobilisation of vehicle 150
95E. Offences relating to immobilisation of vehicles 150
Subdivision 3 — Removal of number plates
95F. Removal of number plates 151
95G. Vehicle licence suspension and disqualification order made when number plates are removed 152
95H. Return of number plates 154
95I. Offence of interfering with or removing notice 154
Subdivision 4 — Vehicle licence cancellation and disqualification orders
95J. Vehicle licence cancellation and disqualification order 155
Subdivision 5 — Powers for this Division
95K. Powers enabling immobilisation of vehicles and removal of number plates etc. 157
Div 6B
Garnishment
Division 6B — Garnishment
95L. Application 159
95M. Garnishee orders 159
95N. Duration, amendment and cancellation of garnishee order 160
Subdivision 2 — Garnishee orders on earnings
95O. Issue of garnishee order on earnings 161
95P. Compliance with garnishee order on earnings 162
95Q. Notices and returns to be given in relation to garnishee orders on earnings 164
95R. Discharge of liability to pay debtor 164
95S. Records to be kept by relevant payers 165
95T. Protection of employees 165
95U. Regulations for this Subdivision 166
Subdivision 3 — Garnishee orders on bank accounts
95V. Issue of bank account garnishee order 166
95W. Compliance with bank account garnishee order 168
95X. Notices to be given by banks 169
95Y. Records to be kept by banks 170
95Z. Administration fee for deduction under bank account garnishee order 170
95ZA. Requirements for debtor if bank account garnishee order issued 170
95ZB. Regulations for this Subdivision 171
Subdivision 4 — General provisions
95ZC. Sheriff may refund money deducted under garnishee order 172
95ZD. Obtaining information relevant to garnishee order 172
95ZE. Relevant payer or bank must not disclose information 173
Div 6
Miscellaneous
Division 6 — Miscellaneous
Priority of warrant over writs etc. 174
How amounts recovered to be applied 174
Warrant may be satisfied at any time 175
98A. Seized property to be released if warrant ceases to be in force 176
Sheriff exempt from some licensing requirements 176
Sheriff exempt from fees 176
Part 7A
Information
Part 7A — Information
Terms used 177
100A. Disclosure of information to Registrar or Sheriff 178
100B. Disclosure of information by Registrar or Sheriff 178
100C. Registrar and Sheriff to have access to records of Director General 179
100D. Regulations relating to information 179
100E. Disclosure not subject to other laws 180
100F. Confidentiality 180
Part 8
Miscellaneous
Part 8 — Miscellaneous
Magistrates Court may set aside licence suspension order made under Part 3 182
101AA. Magistrates Court may set aside enforcement warrant issued under Part 3 183
101A. Justices may set aside licence suspension order made under Part 4 184
101B. Enforcement suspended on appeal etc. 185
101C. Proving licence suspension orders and service of documents 189
101D. Validity of certain orders not affected by non-receipt of documents 191
Effect of payment by dishonoured cheque 191
Exclusion of rules of natural justice 192
Warrants of commitment 192
Facsimile warrants 192
105A. Delegation by CEO (fines enforcement) 193
Validity of acts not affected by want of form 193
Protection from liability for wrongdoing 193
108A. Credit for punishment served in error 194
108B. Amounts to be credited to agency special purpose account 195
Regulations 196
Imposition of tax 198
109A. Review of certain amendments made by Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020 198
109B. Review of Part 4 Division 3C Subdivision 2 200
Part 9
Transitional and validation provisions
Part 9 — Transitional and validation provisions
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Fines, Penalties and Infringement Notices Enforcement Act 1994
Western Australia
Fines, Penalties and Infringement Notices Enforcement Act 1994
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
General principles relating to enforcement of fines 4
4A. Hardship 5
4B. Remote areas 5
Service of documents 6
5A. Service by electronic means 7
5B. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 7
5C. Act binds Crown 8
Part 2 — Fines Enforcement Registry
Registry established 9
Registrar 9
7A. Registrar may delegate 9
Payments to Registry 10
Registrar exempt from fees 10
10B. Registrar to keep record of outstanding fines and other amounts payable by young persons 10
Part 3 — Infringement notices
Division 1 — Preliminary
Terms used 12
Application 13
Approved prosecuting authorities and officers 13
Division 2 — Enforcement of infringement notices
Final demand may be issued if modified penalty not paid 14
14A. Final demand may be issued if instalment under Road Traffic (Administration) Act 2008 Part 5 not paid 15
Infringement notice may be registered 16
Registration of infringement notice: enforcement certificate 17
Order to pay or elect 19
17A. Balance payment order 20
Notice of intention to enforce 21
Licence suspension order 23
Cancelling licence suspension orders 26
20A. Alleged offender may request cancellation of licence suspension order 27
Section 4 establishes the general principles to be applied in enforcement. The Registrar must take account of the offender's capacity to pay, the efficiency of available enforcement measures, and the principle that imprisonment is a measure of last resort. Section 4A requires the Registrar to give particular consideration to hardship, while section 4B addresses the circumstances of persons in remote areas who may face additional barriers to compliance. These principles are not merely aspirational: they inform the exercise of specific discretions throughout the Act.
Part 2: Fines Enforcement Registry
Part 2 establishes the Registry and the Registrar. The Registry is the administrative hub through which all enforcement actions are processed. The Registrar is a statutory officer with broad enforcement powers and may delegate functions to authorised officers. All payments under the Act are made to the Registry, and the Registrar keeps records of all registered fines and outstanding amounts, including a separate register for amounts owed by young persons under section 10B.
Part 3: Infringement Notices
Part 3 governs the enforcement of infringement notices: on-the-spot penalties issued under various written laws (for example, traffic offences, parking, environmental offences and minor regulatory breaches). The Part applies only to principal enactments that have been prescribed as enactments to which the Part applies, and only to prosecuting authorities that have been approved by the Registrar under section 13.
Division 2 sets out the enforcement sequence. If a modified penalty is not paid within the time specified in the infringement notice, the prosecuting authority may issue a final demand (section 14). If the demand is not satisfied, the notice may be registered with the Registry, triggering the enforcement machinery. Upon registration, the Registrar issues an order to pay or elect (section 17): the alleged offender must either pay the unpaid infringement amount or elect to have the matter dealt with by a court. Failure to comply with the order may lead to a licence suspension order under section 19, which is served on the Roads and Transport authority and results in suspension of the offender's driver's licence.
If the unpaid amount is still not recovered after licence suspension, the Registrar may issue an enforcement warrant under section 21A, authorising the Sheriff to seize and sell personal property and, through the land-related provisions in Part 7, to register memorials against and ultimately sell real property.
Division 2A provides for time to pay orders in the infringement notice context, enabling the alleged offender to apply for an order permitting payment by instalments. The Registrar is required to make a time to pay order if satisfied that the amount is beyond the alleged offender's immediate means and that the proposed payment plan is reasonable.
Division 3 contains miscellaneous provisions including the alleged offender's right to elect court determination (section 21), the effect of payment of the modified penalty (section 24), and the application of recovered amounts (section 27).
Part 4: Fines
Part 4 is the equivalent regime for court-imposed fines. Division 1 contains definitions, including the concept of an "enforceable registered fine" as the trigger for enforcement action. Division 2 deals with the registration of fines: under the 2020 reforms, fines imposed by courts in certain proceedings are automatically registered with the Registry upon imposition (Subdivision 1), while others require the prosecuting authority to request registration (Subdivision 2). The offender must pay or obtain a time to pay order within 28 days of the fine being registered.
Division 3 contains the core enforcement provisions. Once the grace period passes without payment or a time to pay order, the Registrar must issue a notice of intention to enforce (section 42). Following that notice, the Registrar has a range of enforcement instruments available.
Division 3A provides for licence suspension orders equivalent to those in Part 3. Division 3B provides for enforcement warrants authorising the Sheriff to seize personal and real property. Division 3C provides for the work and development order (WDO) regime, under which an offender who is unable to pay may apply for a WDO authorising payment of the outstanding amount by performing unpaid community work, or by undertaking approved activities such as vocational training, treatment programs, mentoring or restorative justice activities. The WDO regime was substantially reformed in 2020 to make it more accessible and to widen the range of approved activities.
Division 3D provides for fine expiation orders, allowing the outstanding amount to be extinguished through sustained compliance with an approved expiation activity.
Division 3E introduces the warrant of commitment process as a last resort. The Registrar may apply to the Magistrates Court for a warrant of commitment inquiry under section 52N if all other enforcement options have been exhausted or are unlikely to succeed. The inquiry is conducted before a magistrate, who examines the offender's financial circumstances, assets and history of compliance with enforcement orders, and determines the appropriate course of action. The magistrate may impose a term of imprisonment as a last resort. The 2020 reforms significantly restructured this process to strengthen the safeguards against imprisonment for fine default.
Division 3F addresses the interaction of concurrent enforcement instruments. Publication of the names of persistent fine defaulters on the Registrar's website is dealt with in Part 5A.
Part 5: Amounts Forfeited Under Undertakings
Part 5 deals with the enforcement of amounts forfeited under recognisances and undertakings given in court proceedings. These amounts are treated equivalently to court-imposed fines for enforcement purposes once registered with the Registry.
Part 5A: Publication of Details on Registrar's Website
Part 5A enables the Registrar to publish identifying details of persons who have outstanding enforceable registered fines above a prescribed threshold. Division 2 sets out the process: the Registrar must give notice to the person before publishing, and the person may object. The publication power is intended to create a reputational incentive for compliance, and applies only after other enforcement mechanisms have been attempted.
Part 6: Reciprocal Enforcement
Part 6 enables the reciprocal enforcement of fines imposed on bodies corporate in summary proceedings in other Australian jurisdictions. A fine imposed on a body corporate in another jurisdiction may be registered with the Registry for enforcement in Western Australia under the procedures applicable to court-imposed fines.
Part 7: Enforcement Warrants
Part 7 sets out the detailed provisions governing the Sheriff's functions under enforcement warrants. Division 2 addresses general Sheriff's functions; Division 3 covers seizure and sale of personal property; Division 4 covers seizure and sale of land; Division 5 covers interpleader proceedings by third-party claimants to seized property; Division 6A confers additional powers in relation to vehicles; and Division 6B creates a garnishment mechanism enabling the Sheriff to intercept money owed to the debtor by third parties.
The land-related provisions (Division 4) require the Sheriff to register a memorial against the debtor's land under either the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, which prevents further dealings in the land without the Sheriff's consent. Land may be sold by public auction (section 91B), subject to the right of the debtor to apply to the Magistrates Court for an order that the land may be sold by tender, private agreement or below fair value. A transfer signed by the Sheriff gives the purchaser as good a title as the debtor had (section 92).
Part 7A: Information
Part 7A authorises the Registrar to obtain information from government agencies and others to assist in locating fine defaulters and identifying their assets. This includes access to licensing records and other government databases.
Part 8: Miscellaneous
Part 8 contains provisions on the protection of officers acting in good faith, the review of Registrar decisions, the making of regulations, and other miscellaneous matters.
Part 9: Transitional and Validation Provisions
Part 9 contains savings and transitional provisions for the 2012 and 2020 Amendment Acts. Division 1 deals with the 2012 amendments. Division 2 deals with the 2020 amendments, including provisions preserving the validity of enforcement actions commenced under the pre-amendment provisions.
Intersection with Other Laws
The FPINE Act intersects with several other statutes. The Road Traffic (Administration) Act 2008 (WA) contains a parallel instalment payment regime for road traffic infringement notices, and section 14A of the FPINE Act addresses the transition from that regime to the FPINE enforcement machinery when an instalment is missed. The Civil Judgments Enforcement Act 2004 (WA) applies to land sales under Part 7 enforcement warrants. The Transfer of Land Act 1893 and the Registration of Deeds Act 1856 govern the registration and effect of memorials over land. The Bankruptcy Act 1966 (Cth) raises questions about whether infringement notice liabilities are provable debts in bankruptcy, as examined in Victoria v Mansfield [2003] FCAFC 154.
Human Rights and Systemic Concerns
The FPINE Act's warrant of commitment provisions have attracted significant scrutiny in relation to their disproportionate impact on disadvantaged and Indigenous Western Australians. Representative litigation in Roe (Administrator) v State of Western Australia [2025] FCA 105 challenges the lawfulness of warrants of commitment issued between 2014 and 2020, with the representative applicants seeking declarations that the issue of those warrants constituted unlawful discrimination. The 2020 amendments to the Act were in part a response to these concerns, strengthening hardship provisions, expanding the WDO regime and restructuring the warrant of commitment inquiry process.
Practical Significance
For legal practitioners, the FPINE Act is relevant in several contexts. For those advising individuals with outstanding fines, the key provisions are the time to pay order regime (sections 32C to 37 for court fines, sections 21B to 21H for infringement notices) and the WDO regime (Division 3C). For those facing a warrant of commitment inquiry, the Magistrates Court process under sections 52N to 52ZI is the relevant framework. For insolvency practitioners, the question of whether fines and infringement notice penalties are provable debts in bankruptcy (examined in Mansfield [2003] FCAFC 154) may arise. For practitioners advising government agencies and prosecuting authorities, the conditions for approval under section 13 and the requirements for final demands and registration under Division 2 are the relevant provisions.