Fines, Penalties and Infringement Notices Enforcement Regulations 1994

1. Citation

These regulations may be cited as the Fines, Penalties and Infringement Notices Enforcement Regulations 1994.

2. Commencement

These regulations come into operation on the day on which the Fines, Penalties and Infringement Notices Enforcement Act 1994 comes into operation.

2A. Terms used

In these regulations —

approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1);

section means a section of the Act.

[Regulation 2A inserted: Gazette 31 Dec 2019 p. 4672; amended: SL 2020/167 r. 4; SL 2023/120 r. 22.]

2B. Remote areas designated (Act s. 4B)

(1) In this regulation —

ASGS means the Australian Statistical Geography Standard (ASGS): Volume 5 ‑ Remoteness Structure, July 2016 (catalogue number 1270.0.55.005) published by the Australian Bureau of Statistics.

(2) Except as provided in subregulation (3), for the purposes of the Act, an area of the State is designated as a remote area if —

(a) the area is classified as “Very Remote Australia”, “Remote Australia”, “Outer Regional Australia” or “Inner Regional Australia” under the ASGS; or

(b) the area shares the same postcode as an area referred to in paragraph (a).

(3) The following areas of the State are not remote areas —

(a) an area of the State that is located within the metropolitan region;

(b) an area of the State that shares the same postcode as an area referred to in paragraph (a).

[Regulation 2B inserted: SL 2020/167 r. 5; amended: SL 2023/120 r. 23.]

2C. Service by electronic means (Act s. 5A)

(1) For the purposes of section 5A(1), information, a document or notice to which that section applies may be given to or served on a person by an electronic means approved by the CEO (fines enforcement) if the person has consented in the approved form to receiving information, documents or notices for the purposes of the Act by that electronic means.

(2) Without limiting subregulation (1), the CEO (fines enforcement) may approve the ECMS as an electronic means under that subregulation.

(3) This regulation does not apply to the giving to the Registry or the Registrar of a document to which regulation 11A applies.

[Regulation 2C inserted: SL 2020/167 r. 5.]

3. Enactments prescribed for Act Part 3 (Act s. 12)

Under section 12, the enactments in Schedule 1 are prescribed as enactments to which Part 3 of the Act applies.

3AAA. Enforcement certificates and information under Act s. 16(1)

(1) For the purposes of section 16(1)(b), the following information in relation to an infringement notice is prescribed —

(a) the name and address of the alleged offender;

(b) a description of the alleged offence;

(c) the date or dates on which the alleged offence occurred;

(d) the location or locations at which the alleged offence occurred;

(e) the written law, and the provision of that written law, that creates the alleged offence;

(f) the amount of the modified penalty or outstanding balance of the modified penalty;

(g) the infringement notice reference number.

(2) Under section 16(1), a prosecuting authority may, with the consent of the Registrar, give the Registry the enforcement certificate and the information required under section 16(1)(b) by electronic means in accordance with regulation 11A.

[Regulation 3AAA inserted: SL 2020/167 r. 6; amended: SL 2024/203 r. 6.]

3AAAA. Form of request for cancellation of licence suspension order (Act s. 20A)

A request under section 20A(1) must be —

(a) made in a form approved by the Registrar; and

(b) accompanied by any documentation or evidence required by that form.

[Regulation 3AAAA inserted: SL 2020/167 r. 6.]

3AAB. Notice of withdrawal under Act s. 22(2)

Under section 22(2)(b) a prosecuting authority may, with the consent of the Registrar, give the Registrar a copy of a notice of withdrawal by electronic means in accordance with regulation 11A.

[Regulation 3AAB inserted: Gazette 13 Nov 2015 p. 4657.]

3AA. Amount payable under Act s. 22(5)(c)

(1) In this regulation —

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) section 195‑1.

(2) For the purposes of section 22(5)(c), if the vehicle was licensed under the Road Traffic (Vehicles) Act 2012 when the vehicle licence cancellation and disqualification order was made, the alleged offender is to be paid —

(a) an amount calculated in accordance with subregulation (3); and

(b) any amount paid or required to be paid by the alleged offender under the Road Traffic (Vehicles) Regulations 2014 in connection with the issue of a new vehicle licence in respect of the vehicle, including the following —

(i) any examination fee under Part 2 Division 8 Subdivision 1 of those regulations;

(ii) any recording fee under regulation 99 of those regulations;

(iii) any fee for the issue of number plates under regulation 112 of those regulations;

and

(c) any amount paid or required to be paid by the alleged offender under the Road Traffic (Vehicles) Regulations 2014 regulation 44(4) in connection with the grant of a permit under the Road Traffic (Vehicles) Act 2012 section 13(1), if the permit is for the purpose of enabling the vehicle to be driven to a location for an examination under those regulations or for repairs; and

(d) if the alleged offender produces to the Registrar documentary evidence of any expenses of the alleged offender for travel, or vehicle towing or lifting, that resulted from the making of the vehicle licence cancellation and disqualification order — an amount that the Registrar considers appropriate to compensate the alleged offender for those expenses; and

(e) if the alleged offender produces to the Registrar documentary evidence of any loss of earnings of the alleged offender that resulted from the making of the vehicle licence cancellation and disqualification order and that could not reasonably have been avoided by the alleged offender — an amount that the Registrar considers appropriate to compensate the alleged offender for the loss of earnings.

(2A) For the purposes of section 22(5)(c), if the vehicle was not licensed under the Road Traffic (Vehicles) Act 2012 when the vehicle licence cancellation and disqualification order was made, the alleged offender is to be paid —

(a) if the alleged offender produces to the Registrar documentary evidence of any expenses of the alleged offender for travel, or vehicle towing or lifting, that resulted from the making of the vehicle licence cancellation and disqualification order — an amount that the Registrar considers appropriate to compensate the alleged offender for those expenses; and

(b) if the alleged offender produces to the Registrar documentary evidence of any loss of earnings of the alleged offender that resulted from the making of the vehicle licence cancellation and disqualification order and that could not reasonably have been avoided by the alleged offender — an amount that the Registrar considers appropriate to compensate the alleged offender for the loss of earnings.

(3) For the purposes of subregulation (2)(a), the amount is to be calculated in accordance with the following formula —

View image in the official source

where —

licence cost is the total of —

(a) the vehicle licence charge paid for the vehicle licence in accordance with the Road Traffic (Vehicles) Regulations 2014 Part 2 Division 7 (taking into account any exemption, reduction, concession or refund applied under those regulations); and

(b) the insurance premium for the contract of insurance with respect to the vehicle as required by the Motor Vehicle (Third Party Insurance) Act 1943 section 4 (including GST);

total days is the total number of days in the period for which the vehicle licence was issued;

remaining days is the number of days that were remaining in the period for which the vehicle licence was issued when the vehicle licence cancellation and disqualification order was made (including the day on which the vehicle licence cancellation and disqualification order was made).

[Regulation 3AA inserted: Gazette 20 Aug 2013 p. 3878-80; amended: Gazette 10 Feb 2015 p. 609‑10; SL 2020/167 r. 7.]

[3A. Deleted: SL 2020/167 r. 8.]

4. Orders under Workers Compensation and Injury Management Act 2023 s. 207(1) are fines (Act s. 28(1))

For the purposes of paragraph (b) of the definition of fine in section 28(1) of the Act, an order that an employer pay an amount to the General Account under the Workers Compensation and Injury Management Act 2023 section 207(1) is prescribed.

[Regulation 4 inserted: SL 2024/132 r. 6.]

5. Workers Compensation and Injury Management Act 2023 is prescribed enactment (Act s. 31)

For the purposes of section 31(b) of the Act, the Workers Compensation and Injury Management Act 2023 is a prescribed enactment.

[Regulation 5 inserted: SL 2024/132 r. 6.]

6. Applications relating to time to pay orders (Act s. 21B, 21D, 32C and 34)

(1) This regulation applies to an application —

(a) under section 21B(1) for a time to pay order in respect of an infringement notice; or

(b) under section 21D(1) to have a time to pay order in respect of an infringement notice amended; or

(c) under section 32C(1) for a time to pay order in respect of a fine; or

(d) under section 34(1) to have a time to pay order in respect of a fine amended.

(2) The application may be made orally or in writing.

(3) If the application is made in writing, it must be in a form approved by the Registrar.

[Regulation 6 inserted: SL 2020/167 r. 9.]

6AA. Information to be provided for means test (Act s. 21C, 21D, 21E, 33, 34, 35, 47 and 52F)

(1) This regulation applies to —

(a) a person who is undergoing a means test under any of the following sections —

(i) section 21C(1);

(ii) section 21D(2);

(iii) section 21E(1);

(iv) section 33(1);

(v) section 34(3);

(vi) section 35(1);

(vii) section 47(3);

(viii) section 52F(2);

and

(b) a person or body who makes an application under section 52E(1) on behalf of an offender who is required to undertake a means test under section 52F(2).

(2) For the purposes of the means test, the Registrar may require the person or body to provide information, in the form approved by the Registrar, in relation to the following —

(a) in the case of a person referred to in subregulation (1)(a) — the person’s financial circumstances and capacity to pay the relevant amount, including information in relation to the person’s income, assets, liabilities and personal circumstances;

(b) in the case of a person or body referred to in subregulation (1)(b) — the offender’s financial circumstances and capacity to pay the relevant amount, including information in relation to the offender’s income, assets, liabilities and personal circumstances.

(3) The Registrar may require the person or body to verify information provided in compliance with a requirement under subregulation (2) by a statutory declaration or by any other means.

(4) The person or body commits an offence if, in compliance or purported compliance with a requirement under subregulation (2), the person or body —

(a) provides any statement, information, document or other evidence that the person or body knows is false or misleading in a material particular; or

(b) omits anything without which a statement, information, document or other evidence provided is, to the person’s or body’s knowledge, misleading in a material particular.

Penalty for this subregulation: a fine of $2 000.

[Regulation 6AA inserted: SL 2020/167 r. 9.]

6AB. Form of request for cancellation of licence suspension order (Act s. 44A)

A request under section 44A(1) must be —

(a) made in a form approved by the Registrar; and

(b) accompanied by any documentation or evidence required by that form.

[Regulation 6AB inserted: SL 2020/167 r. 9.]

6AC. Maximum number of work and development instruments (Act s. 46D)

For the purposes of section 46D(2), the maximum number of work and development instruments is 20.

[Regulation 6AC inserted: SL 2020/167 r. 10.]

6AD. Publishing of guidelines in relation to WDPs (Act s. 46L)

For the purposes of section 46L(4), guidelines issued under section 46L, and any amendment or revocation of those guidelines, must be published on the Registrar’s website.

[Regulation 6AD inserted: SL 2020/167 r. 10.]

6AE. Rates to be used to assign value to activities (Act s. 46N)

(1) The rate to be used to assign a value to each part of an activity undertaken under a WDP of a kind described in Column 1 of the Table is the rate set out opposite the activity in Column 2.

Table

(2) If an offender undertakes activity under a WDP for a period that is not a whole number of hours, any part‑hour undertaken is to be counted as an hour for the purposes of the rates in subregulation (1).

[Regulation 6AE inserted: SL 2020/167 r. 10.]

6AF. False or misleading information

An approved sponsor commits an offence if, in compliance or purported compliance with a requirement under the Act, or otherwise in connection with a work and development permit or their approval as an approved sponsor, the approved sponsor —

(a) provides to the Registrar or the CEO (fines enforcement) any statement, information, document or other evidence that the approved sponsor knows is false or misleading in a material particular; or

(b) omits anything without which a statement, information, document or other evidence provided to the Registrar or the CEO (fines enforcement) is, to the approved sponsor’s knowledge, misleading in a material particular.

Penalty: a fine of $2 000.

[Regulation 6AF inserted: SL 2020/167 r. 10.]

6A. Calculation of required hours for WDO (Act s. 50)

(1) The required hours in a WDO are to be calculated as —

(a) for up to $300 owed by the offender — 6 hours;

(b) for more than $300 and up to $600 owed by the offender — 12 hours,

and so on, increasing in units of up to $300.

[(2) deleted]

[Regulation 6A inserted: Gazette 30 Jun 1995 p. 2637; amended: Gazette 12 Mar 1999 p. 1163; 9 Sep 2005 p. 4156; SL 2020/167 r. 11.]

6B. Reductions under Act s. 51, how calculated

(1) Where an offender pays part of the amount owed, the remaining hours required to be performed under the WDO are to be calculated in accordance with regulation 6A(1).

(2) The amount owed by an offender who is the subject of a WDO, is to be reduced by $300 for every 6 hours worked, with the reductions to be in units of 6 hours, and where less than $300 is owed, the offender must perform 6 hours to complete that WDO.

[Regulation 6B inserted: Gazette 30 Jun 1995 p. 2637; amended: Gazette 12 Mar 1999 p. 1163; 9 Sep 2005 p. 4156.]

6BAAA. Daily expiation amount (Act s. 52B)

For the purposes of the definition of daily expiation amount in section 52B, the prescribed amount is $250.

[Regulation 6BAAA inserted: SL 2020/167 r. 12.]

6BAAB. Form of application for fine expiation order (Act s. 52E)

An application under section 52E(1) must be —

(a) made in a form approved by the Registrar; and

(b) accompanied by any documentation or evidence required by that form.

[Regulation 6BAAB inserted: SL 2020/167 r. 12.]

6BAAC. Application for authorisation under Act s. 52E(4)

(1) A person or body may apply to the Registrar to be authorised under section 52E(4) to make applications for fine expiation orders on behalf of offenders.

(2) An application under subregulation (1) must be —

(a) made in a form approved by the Registrar; and

(b) accompanied by any documentation or evidence required by that form.

[Regulation 6BAAC inserted: SL 2020/167 r. 12.]

6BAAD. Copies of conditional release undertaking to be given

The person before whom a conditional release undertaking is entered into by an offender under section 52ZD must give a copy of the completed undertaking, or cause a copy to be given, to —

(a) the Magistrates Court; and

(b) the responsible officer (as defined in section 52ZC(2)) in relation to the offender.

[Regulation 6BAAD inserted: SL 2020/167 r. 12.]

6BAA. Amount prescribed for warrant of commitment (Act s. 53(3))

The amount prescribed for the purposes of section 53(3)(a) is $250 per day.

[Regulation 6BAA inserted: Gazette 27 Mar 2008 p. 904.]

[6BA. Deleted: SL 2020/167 r. 13.]

6C. Reduction of liability to pay fine where WDO taken to be cancelled (Sentencing Act 1995 s. 57B(5))

(1) This regulation applies if a WDO has been wholly or partially completed at the time it is to be taken to be cancelled under section 57B(5) of the Sentencing Act 1995.

(2) If the WDO has been wholly completed, the offender’s liability to pay the fine is discharged.

(3) If the WDO has been partially completed, the fine payable by the offender is to be reduced by $300 for every 6 hours worked.

[Regulation 6C inserted: Gazette 25 Aug 2000 p. 4908; amended: Gazette 9 Sep 2005 p. 4156.]

7. States, Territories and courts prescribed (Act s. 59)

(1) A State or a Territory in column 1 of the Table is prescribed as a reciprocating State or Territory (as the case may be) for the purposes of Part 6 of the Act.

(2) A court of a reciprocating State or a Territory described opposite that State or Territory in column 2 of the Table is prescribed as a reciprocating court for the purposes of Part 6 of the Act.

Table

[Regulation 7 amended: Gazette 11 Mar 2008 p. 818.]

8. Property prescribed that cannot be seized etc. (Act s. 75)

(1) For the purposes of section 75(b), the following wearing apparel and personal items are prescribed —

(a) wearing apparel of the debtor to the value of $1 250;

(b) wearing apparel of a dependant of the debtor to the value of $1 250;

(c) family diaries, photographs and portraits;

(d) medical and dental aids and equipment.

(2) For the purposes of section 75(c), the following household property items are prescribed —

(a) kitchen and dining furniture and implements to the value of $1 250;

(b) bedroom furniture and bedding of the debtor to the value of $500;

(c) bedroom furniture and bedding of a dependant of the debtor to the value of $200;

(d) laundry equipment to the value of $200;

(e) electrical goods used for family entertainment to the value of $300;

(f) books, software, computers and other equipment, used by a dependant of the debtor for educational purposes to the value of $3 000.

(3) For the purposes of section 75(d), ordinary tools of trade, plant and equipment, professional instruments and reference books to the value of $2 500 used by the debtor to earn income by personal exertion are prescribed.

[Regulation 8 inserted: Gazette 30 Dec 2005 p. 6876‑7; amended: Gazette 20 Aug 2013 p. 3881; SL 2020/167 r. 14.]

8AA. Protected earnings amount (Act s. 95U)

(1) The protected earnings amount for a pay period for the purposes of section 95P is the amount determined by multiplying the weekly protected earnings amount (as determined under this regulation) by the number of weeks in the pay period.

(2) If the pay period is not a number of whole weeks, the number of weeks in the pay period for the purposes of subregulation (1) is to be determined by dividing the number of days in the pay period by 7 (rounded to 2 decimal places).

(3) For the purposes of subregulation (1), the weekly protected earnings amount is —

(a) for the financial year ending on 30 June 2021 — $509; or

(b) for any subsequent financial year — an amount in dollars calculated as follows —

where —

W is the number published by the Australian Bureau of Statistics as the Wage Price Index, ordinary time hourly rates of pay excluding bonuses for Western Australia (original) (WPI) for the last December quarter before the financial year commenced;

X is 132.4, being the WPI for the December 2019 quarter.

(4) An amount calculated under subregulation (3)(b) is to be rounded to the nearest whole number of dollars, with an amount that is 50 cents more than a whole number of dollars being rounded up.

(5) If the calculation under subregulation (3)(b) cannot be performed in relation to a financial year because the WPI for the relevant quarter was not published, the weekly protected earnings amount for that financial year is the same as for the previous financial year.

[Regulation 8AA inserted: SL 2020/167 r. 15.]

8AB. Maximum administration fee for bank account garnishee order (Act s. 95Z)

For the purposes of section 95Z, the amount prescribed is $5.

[Regulation 8AB inserted: SL 2020/167 r. 15.]

8AC. Protected bank account amount (Act s. 95ZB)

(1) The protected bank account amount for the purposes of section 95W is —

(a) for the financial year ending on 30 June 2021 — $509; or

(b) for any subsequent financial year — an amount in dollars calculated as follows —

where —

W is the number published by the Australian Bureau of Statistics as the Wage Price Index, ordinary time hourly rates of pay excluding bonuses for Western Australia (original) (WPI) for the last December quarter before the financial year commenced;

X is 132.4, being the WPI for the December 2019 quarter.

(2) An amount calculated under subregulation (1)(b) is to be rounded to the nearest whole number of dollars, with an amount that is 50 cents more than a whole number of dollars being rounded up.

(3) If the calculation under subregulation (1)(b) cannot be performed in relation to a financial year because the WPI for the relevant quarter was not published, the protected bank account amount for that financial year is the same as for the previous financial year.

[Regulation 8AC inserted: SL 2020/167 r. 15.]

8AD. Form of application for refund of money (Act s. 95ZC)

An application under section 95ZC(1) must be —

(a) made in a form approved by the Sheriff; and

(b) accompanied by any documentation or evidence required by that form.

[Regulation 8AD inserted: SL 2020/167 r. 15.]

8AE. Restrictions on publication of information disclosed under Act s. 100B(3)(a) (Act s. 100F(2)(g))

(1) For the purposes of section 100F(2)(g), a person may publish information disclosed to the person under section 100B(3)(a) if the CEO (fines enforcement) has approved of the publication in writing.

(2) The CEO (fines enforcement) must not give approval under subregulation (1) unless the CEO (fines enforcement) is satisfied that —

(a) the research for which the information was disclosed was conducted in a methodologically sound manner; and

(b) the information to be published is factually correct; and

(c) the information to be published does not identify individuals, reveal confidential information of the department of the Public Service principally assisting the Minister in the administration of the Act, or otherwise pose a security risk to the operations of the department or to any court, corrective facility or person.

[Regulation 8AE inserted: SL 2020/167 r. 15.]

8A. Enforcement proceedings after successful application under Act s. 101, 101AA or 101A

(1) If on an application by a person under section 101 the Magistrates Court makes an order cancelling the licence suspension order concerned, the Registrar may again take proceedings under Part 3 of the Act to enforce the infringement notice that gave rise to that licence suspension order, such proceedings to be commenced by issuing a notice of intention to enforce under section 18.

(2A) If on an application by a person under section 101AA the Magistrates Court makes an order cancelling the enforcement warrant concerned, the Registrar may again take proceedings under Part 3 of the Act to enforce the infringement notice that gave rise to that enforcement warrant, such proceedings to be commenced by issuing a notice of intention to enforce under section 18.

(2) If on an application by a person under section 101A the Magistrates Court makes an order cancelling the licence suspension order concerned, the Registrar may again take proceedings under Part 4 of the Act to enforce the fine that gave rise to that licence suspension order, such proceedings to be commenced by issuing a notice of intention to enforce under section 42.

[Regulation 8A inserted: Gazette 5 Jul 1996 p. 3227; amended: Gazette 13 May 2005 p. 2079; 20 Aug 2013 p. 3881.]

8B. Enforcement proceedings after an appeal (Act s. 101B)

(1) This regulation applies if —

(a) a person appeals against a fine, or a decision giving rise to a fine (as defined in section 101B(1)); and

(b) the fine is still payable after the appeal is disposed of (as defined in section 101B(6)).

(2) If when the person appealed, a time to pay order was in force and ceased to have effect by reason of section 101B(3)(a), then when the appeal is disposed of the time to pay order has effect again; but for the purposes of the time to pay order the period beginning on the date when the person appealed and ending on the date when the appeal was disposed of is to be disregarded when calculating any time elapsed under the order.

(3) If when the person appealed, a notice of intention to enforce was cancelled by reason of section 101B(3)(b), then when the appeal is disposed of the Registrar may issue another notice of intention to enforce under section 42.

(4) If when the person appealed, a licence suspension order was cancelled by reason of section 101B(3)(c), then when the appeal is disposed of the Registrar may issue another notice of intention to enforce under section 42.

(5) If when the person appealed, an enforcement warrant was cancelled by reason of section 101B(3)(d), then when the appeal is disposed of the Registrar may issue another notice of intention to enforce under section 42.

(5A) If when the person appealed, a work and development permit was cancelled by reason of section 101B(3)(da), then when the appeal is disposed of the Registrar may issue another notice of intention to enforce under section 42.

(6) If when the person appealed, an order to attend for work and development was cancelled by reason of section 101B(3)(e), then when the appeal is disposed of the Registrar may issue another notice of intention to enforce under section 42.

[Regulation 8B inserted: Gazette 5 Jul 1996 p. 3227; amended: Gazette 20 Aug 2013 p. 3882; SL 2020/167 r. 16.]

9. Enforcement fees prescribed (Act Pt. 3 and 4 and in connection with exercise of powers under enforcement warrant)

(1) The fees in Schedule 2 Division 1 are prescribed as enforcement fees for the purposes of Part 3 of the Act and are to be imposed on an alleged offender at the time indicated.

(2) The fees in Schedule 2 Division 2 are prescribed as enforcement fees for the purposes of Part 4 of the Act and are to be imposed on an offender at the time indicated.

(3) The fees in Schedule 2 Division 3 are prescribed as enforcement fees in connection with the exercise of powers under an enforcement warrant by the Sheriff and are calculated in accordance with that Division.

(4) Also, the amounts disbursed for the following purposes are prescribed as enforcement fees in connection with the exercise of powers under an enforcement warrant by the Sheriff —

(a) seizing, moving, storing, securing, protecting and insuring property (including amounts disbursed for keeping animals);

(b) valuing personal property or land;

(c) searching for the title and other records related to personal property or land;

(d) advertising and otherwise arranging the sale of personal property or land;

(e) selling personal property or land, including settlement costs.

(5) If, in connection with the exercise of powers under an enforcement warrant, it is necessary for the Sheriff to do something that is not otherwise provided for in this regulation or Schedule 2 Division 3, the following amounts are prescribed as enforcement fees in connection with the exercise of powers under the warrant —

(a) the amount decided by the Sheriff under subregulation (6) for each half hour, or part of a half hour, spent by the Sheriff or a delegate of the Sheriff doing the thing;

(b) if it is necessary for the Sheriff or delegate to travel in connection with doing the thing — the rate per kilometre (1 way) that is prescribed as a travelling fee for the service of documents under the Magistrates Court (Fees) Regulations 2005;

(c) the reasonable amount of an expense incurred by the Sheriff or delegate doing the thing.

(6) For the purposes of subregulation (5)(a), the Sheriff may decide a rate for each half hour, or part of a half hour, of the Sheriff’s or a delegate’s time doing a thing referred to in subregulation (5), that represents the cost of half an hour of the Sheriff’s or delegate’s time.

(7) A note to an item in Schedule 2 has effect according to its tenor as if it were a provision of these regulations.

[Regulation 9 inserted: Gazette 13 May 2005 p. 2079‑80; amended: SL 2023/120 r. 24.]

10. Exemptions from fees (Act Part 3)

The prosecuting authorities specified in the Table are exempted from payment of the fee for registering an infringement notice under Part 3 of the Act.

Table

[Regulation 10 inserted: Gazette 20 Aug 2013 p. 3883-4; amended: Gazette 13 Jan 2015 p. 250; SL 2020/167 r. 17; SL 2023/180 r. 4; SL 2024/44 r. 4; SL 2024/232 r. 4.]

11A. Giving documents to Registry by means of ECMS

(1) Subject to and in accordance with regulations 3AAA(2) and 3AAB, a prosecuting authority may give a document to the Registry or the Registrar by providing, through an officer of the authority who is an approved user, the information required for the completion of the document by means of the ECMS.

(2) A document given electronically under this regulation that is required to be signed by an officer of the authority giving it is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

(a) the ECMS records the identity of the person giving the document; and

(b) the name of the person giving the document is stated in the electronic version of the document at any place where the person’s signature is required.

(3) A document given under this regulation is to be taken to have been given at the time and on the day the document is received, regardless of whether the Registry is open for business at that time or on that day.

(4) If a document sent electronically to the Registry by means of the ECMS is not sent in accordance with the requirements of the ECMS and this regulation the document is to be taken not to have been given.

[Regulation 11A inserted: Gazette 13 Nov 2015 p. 4657; amended Gazette 31 Dec 2019 p. 4672; SL 2020/167 r. 18.]

11B. Issuing warrants

(1) In this regulation —

warrant means —

(a) an enforcement warrant issued under Part 3, 4 or 6 of the Act; or

(b) a warrant of commitment issued under Part 4 of the Act; or

(c) an arrest warrant issued under section 52Q(1)(b).

(2) The Registrar may issue an enforcement warrant to the Sheriff by issuing an electronic version of the warrant to the Sheriff by means of the ECMS.

(2A) The Magistrates Court may issue an arrest warrant under section 52Q(1)(b) to all members of the Police Force of Western Australia by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by the Commissioner of Police for the management of the functions of the Police Force of Western Australia.

(3) The Magistrates Court may issue a warrant of commitment —

(a) to all members of the Police Force of Western Australia by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by the Commissioner of Police for the management of the functions of the Police Force of Western Australia; and

(b) to the chief executive officer as defined in the Prisons Act 1981 by issuing an electronic version of the warrant by means of the ECMS to an electronic system maintained by that chief executive officer for the management of the functions of the department of the Government principally assisting the Minister with the administration of that Act.

(4) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a warrant that must be signed by the Registrar or a magistrate is authenticated if —

(a) the Registrar or magistrate issues the warrant in an electronic form by means of the ECMS; and

(b) the electronic document identifies the Registrar or magistrate as the person who issued it.

(4A) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the requirement for the Sheriff to note the date and time on an enforcement warrant when it is received under section 68 of the Act is to be taken to be satisfied if —

(a) the Registrar issues the enforcement warrant to the Sheriff in an electronic form by means of the ECMS; and

(b) the record of the date and time of the Sheriff’s receipt of the electronic form is incorporated electronically in, or associated electronically with, the electronic form by means of the ECMS.

(5) A warrant issued under this regulation is to be taken to have been issued at the time and on the day when the whole warrant is available to a user of the system to which it is issued.

[Regulation 11B inserted: Gazette 13 Nov 2015 p. 4658; amended: Gazette 16 Jul 2019 p. 2819‑20; 31 Dec 2019 p. 4672; SL 2020/167 r. 19.]

11C. Issuing summons under Act s. 52Q

(1) The Magistrates Court may issue a summons under section 52Q(1)(a) or (2) in an electronic form by recording the information required to be included in the summons electronically by means of the ECMS.

(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a summons issued under section 52Q(1)(a) or (2) is authenticated if —

(a) the magistrate issues the summons in an electronic form by means of the ECMS; and

(b) the electronic document identifies the magistrate as the person who issued it.

(3) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 13, a copy of a summons issued in accordance with subregulation (1) may be produced from the electronic version of the summons by printing out a copy of the electronic version.

[Regulation 11C inserted: SL 2020/167 r. 20.]

11D. Issuing orders, permits and notices

(1) An order, permit or notice that may be issued or made under the Act by the Registrar, the CEO (corrections) or the Sheriff may be issued or made in an electronic form by recording the information required to be included in the order, permit or notice electronically by means of the ECMS.

(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 13, a copy of an order, permit or notice issued in accordance with subregulation (1) may be produced from the electronic version of the order, permit or notice by printing out a copy of the electronic version.

[Regulation 11D inserted: SL 2020/167 r. 20.]

11. Methods of payment

Under the Act, modified penalties, outstanding balances of modified penalties, fines and enforcement fees may be paid by cash, cheque, money order or credit card, by direct debit from a bank account or credit card, or by using a bill payment system approved by the Registrar.

[Regulation 11 amended: Gazette 20 Aug 2013 p. 3884; SL 2024/203 r. 7.]

12. Forms

The forms in Schedule 3 are prescribed in relation to the matters specified in the forms.

Schedule 1 — Enactments to which Part 3 of the Act applies

[r. 3]

[Heading inserted: Gazette 13 May 2005 p. 2080.]

[Schedule 1 amended: Gazette 30 Jun 1995 p. 2637 and 2643; 19 Jul 1996 p. 3458; 1 Aug 1997 p. 4394; 23 Jan 1998 p. 408; 8 Dec 1998 p. 6574; 2 Jul 1999 p. 2919; 31 Dec 1999 p. 7076; 27 Aug 2002 p. 4354; 12 Dec 2003 p. 5037; 4 Jun 2004 p. 1933; 13 May 2005 p. 2080; 14 Jul 2006 p. 2564; 18 May 2007 p. 2257; 11 Mar 2008 p. 818‑19; 23 Jun 2009 p. 2466; 29 Jan 2010 p. 200; 25 Jun 2010 p. 2869; 17 Sep 2010 p. 4759; 17 Jun 2011 p. 2169; 13 Dec 2011 p. 5282; 16 Mar 2012 p. 1256; 23 Mar 2012 p. 1370; 8 Jun 2012 p. 2386; 5 Feb 2013 p. 836; 10 May 2013 p. 1937; 20 Aug 2013 p. 3884; 20 Jun 2014 p. 2026; 10 Feb 2015 p. 611; 3 Mar 2015 p. 784; 12 Jun 2015 p. 2027; 28 Jun 2016 p. 2643; 9 Aug 2016 p. 3428; 30 Dec 2016 p. 5966; 10 Jan 2017 p. 175; 24 Jan 2017 p. 745; 4 Aug 2017 p. 4314; 14 Sep 2018 p. 3315; 12 Feb 2019 p. 266; 28 Jun 2019 p. 2490; SL 2020/32 r. 6; SL 2020/167 r. 21; SL 2021/135 r. 6; SL 2021/136 r. 6; SL 2021/174 r. 6; SL 2022/7 r. 4; SL 2022/14 r. 6; SL 2023/69 r. 6; SL 2024/29 r. 6; SL 2024/44 r. 5; SL 2024/76 r. 6; SL 2024/203 r. 8; SL 2024/210 r. 6; SL 2024/242 r. 6; SL 2024/260 r. 6; SL 2025/2 r. 6.]

Schedule 2 — Enforcement fees

[r. 9]

[Heading inserted: SL 2025/111 r. 19.]

Division 1 — Enforcement fees for Act Pt. 3

[Heading inserted: SL 2025/111 r. 19.]

• 1. Fee for issuing a final demand $27.60
• Note for this item: This fee is imposed when the final demand is issued.
• 2. Fee for preparing an enforcement certificate in relation to an infringement notice — for each infringement notice $23.50
• Note for this item: This fee is imposed when the infringement notice is registered.
• 3. Fee for registering an infringement notice with the Registry $88.50
• Note for this item: This fee is imposed when the infringement notice is registered.
• 4. Fee for issuing a notice of intention to enforce $58.00
• Note for this item: This fee is imposed when a licence suspension order is made or when an enforcement warrant is issued, but not twice.
• 5. Fee for issuing an enforcement warrant $275.00
• Note for this item: This fee is imposed when the enforcement warrant is issued.

[Division 1 inserted: SL 2025/111 r. 19.]

Division 2 — Enforcement fees for Act Pt. 4

[Heading inserted: SL 2025/111 r. 19.]

• 1. Fee for issuing a notice of intention to enforce $58.00
• Note for this item: This fee is imposed when a licence suspension order is made or when an enforcement warrant is issued, but not twice.
• 2. Fee for issuing an enforcement warrant $275.00
• Note for this item: This fee is imposed when the enforcement warrant is issued.
• 3. Fee for the service of a summons under Part 4 Division 3E Subdivision 3 of the Act $104.00
• Note for this item: This fee is imposed on an attempt at service, whether or not the service is successful. The fee covers up to 3 attempts at service at the same address.
• 4. If it is necessary to travel to serve a summons referred to in item 3, from the office of the person serving the summons or the nearest police station, in addition to the fee in item 3 —
• (a) fee for each kilometre travelled (1 way) in the metropolitan region $2.65
• (b) fee for each kilometre travelled (1 way) outside the metropolitan region $3.00
• Note for this item: This fee is imposed on service of the summons and on each attempt at service. If more than 1 document is served or attempted to be served at the same time on the same person, only 1 fee for kilometres travelled is chargeable.

[Division 2 inserted: SL 2025/111 r. 19.]

Division 3 — Enforcement fees for exercise of power under enforcement warrant

[Heading inserted: SL 2025/111 r. 19.]

[Division 3 inserted: SL 2025/111 r. 19.]

Schedule 3 — Forms

[r. 12]

[Heading inserted: Gazette 13 May 2005 p. 2081.]

1. Notice of withdrawal for the purposes of Act s. 22

   Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 22]

• NOTICE OF WITHDRAWAL OF PROCEEDINGS UNDER PART 3
• **To:**Alleged offender ..................................................................................................Address ..............................................................................................................................................................................................................................................................................................................................................................................Copy to: Registrar of Fines Enforcement Registry
• Details of infringement notice and alleged offence
• Prosecuting authority: ..........................................................................................Number of notice: .................................................................................................Date of issue: ..................................... Time of issue: .........................................Alleged offence: .................................................................................................................................................................................................................................................................................................................................................................
• Fines Enforcement Registry details
• FER case no.: ...........................
• Take notice that the above prosecuting authority hereby withdraws proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 22 in relation to the infringement notice issued for the above offence.
• .................................................................... Prosecuting officer ........................................... Date

[Form 1 inserted: Gazette 20 Aug 2013 p. 3886.]

2. Enforcement warrant for the purposes of Act s. 21A and 45 and Part 5

   Fines, Penalties and Infringement Notices Enforcement Act 1994

[Sections 21A and 45 and Part 5]

• Magistrates Court Fines Enforcement Registry Warrant no.ACN.Case no.
• ENFORCEMENT WARRANTTo: The Sheriff of Western Australia
• Debtor Name:Address:Date of Birth:MDL no.: MVL no.:
• Case details[Complete relevant details only] For enforcement warrant issued under s. 21AProsecuting authority:Infringement notice no.:Alleged offence:Place of alleged offence:Date of alleged offence: For enforcement warrant issued under s. 45Court:Nature of court order:Date of court order:Charge no.:Offence:Date of offence:
• Amount owed Modified penalty/outstanding balance of modified penalty OR fine/forfeited amount:Costs:Enforcement fees under Part 3 or 4:Sub‑total:Less amount paid:AMOUNT OWED: ++=–=

The above infringement notice or court order has been registered with the Fines Enforcement Registry for enforcement. As a result, the debtor is required to pay the AMOUNT OWED, which to date is unpaid.

You are authorised by this warrant to exercise the powers conferred by the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 7, which include powers to do the following: affix a warning notice to any vehicle of the debtor, immobilise any vehicle of the debtor, remove number plates from any vehicle of the debtor, seize and sell so much of the debtor’s personal property and land as is necessary to recover the amount owed and any enforcement fees, enter places for the purposes of exercising those powers, and issue a garnishee order on earnings or a bank account garnishee order in respect of the debtor and the amount owed and any enforcement fees.

This warrant must be executed in accordance with the Fines, Penalties and Infringement Notices Enforcement Act 1994.

.................................................... ..............
REGISTRAR DATE

[Form 2 inserted: Gazette 20 Aug 2013 p. 3887-8; amended SL 2020/167 r. 23; SL 2024/203 r. 9(1).]

2A. Summons to offender/liable person to appear at warrant of commitment inquiry for the purposes of Act s. 52Q(1)(a) and 52U and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Sections 52Q(1)(a) and 52U and Part 5]

• Magistrates CourtAt: Number: Summons to give oral evidence and/or produce a record or thing
• To: [Full name and address]
• Offender’s /liable person’s date of birth
• Warrant of commitment inquiry details Fine/s or other amount/s to which inquiry relates
• Time and place of warrant of commitment inquiry Date: Time:Court:Place:
• Command*(delete as appropriate)* **[You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to give oral evidence for the purpose of the inquiry.] / [You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to produce the records or things described below.] / [You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to give oral evidence for the purpose of the inquiry and to produce the records or things described below.]**You must attend at the Court until you are released by the Court, not only on the above date but also on subsequent days.
• Records or things to be produced*(delete if not required)* You must produce to the Court the following:[Describe in reasonable detail each record or thing to be produced, on an attachment if necessary.]
• Warning If you do not obey this summons you may be arrested.
• Date summons issued This summons is issued by the Court on [date].
• Signature of issuing magistrate
• Service details*[delete as appropriate]*[*Police only] I served a copy of this summons [personally] / [orally] / [insert substituted service method] on [insert person’s name] at [place] on [date].Name of server: *Registered No:Signature: *Station:
• Notice A warrant of commitment inquiry is an inquiry conducted before the Magistrates Court to determine if you have the means to pay the fine/s or other amount/s referred to above, your suitability for a work and development order, whether you have contravened previous orders and the appropriate enforcement action that should be taken.At a warrant of commitment inquiry the Magistrates Court may issue a warrant of commitment committing you to be imprisoned. The Court may also make other orders, including that a time to pay order or work and development order should be issued or an order writing off all or part of the fine/s or other amount/s. You may apply to the Registrar for a time to pay order in respect of the fine/s or other amount/s referred to above. If the Registrar makes a time to pay order, the Registrar must, as soon as practicable, withdraw their application for a warrant of commitment inquiry in relation to the fine or other amount. The Registrar may also withdraw their application for other reasons under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52ZI. You will be notified if the Registrar withdraws the application, in which case this summons ceases to have effect.If you wish to apply for a time to pay order contact the Fines Enforcement Registry via:[insert contact details]More information on making an application for a time to pay order can be found on the Fines Enforcement Registry website: [insert website details]

[Form 2A inserted: SL 2020/167 r. 24.]

2B. Summons to person named under Act s. 52O(1)(c) to appear at warrant of commitment inquiry for the purposes of Act s. 52Q(2) and 52U and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Sections 52Q(2) and 52U and Part 5]

• Magistrates CourtAt: Number: Summons to give oral evidence and/or produce a record or thing
• To: [Full name and address]
• Warrant of commitment inquiry details Offender’s/liable person’s full name
• Offender’s/liable person’s address
• Offender’s/liable person’s date of birth
• Fine/s or other amount/s to which inquiry relates
• Time and place of warrant of commitment inquiry Date: Time:Court:Place:
• Command*(delete as appropriate)* **[You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to give oral evidence for the purpose of the inquiry.] / [You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to produce the records or things described below.] / [You are commanded to attend personally at the warrant of commitment inquiry at the time and place specified above to give oral evidence for the purpose of the inquiry and to produce the records or things described below.]**You must attend at the Court until you are released by the Court, not only on the above date but also on subsequent days.
• Records or things to be produced*(delete if not required)* You must produce to the Court the following:[Describe in reasonable detail each record or thing to be produced, on an attachment if necessary.]
• Date summons issued This summons is issued by the Court on [date].
• Signature of issuing magistrate
• Service details*[delete as appropriate]*[*Police only] I served a copy of this summons [personally] / [orally] / [insert substituted service method] on [insert person’s name] at [place] on [date].Name of server: *Registered No:Signature: *Station:
• Notice A warrant of commitment inquiry is an inquiry conducted before the Magistrates Court to determine if the offender/liable person has the means to pay the fine/s or other amount/s referred to above, the offender’s/liable person’s suitability for a work and development order, whether the offender/liable person has contravened previous orders and the appropriate enforcement action that should be taken.At a warrant of commitment inquiry the Magistrates Court may issue a warrant of commitment committing the offender/liable person to be imprisoned. The Court may also make other orders, including that a time to pay order or work and development order should be issued or an order writing off all or part of the fine/s or other amount/s. The Registrar may withdraw their application for a warrant of commitment inquiry in relation to the fine or other amount. You will be notified if the Registrar withdraws the application, in which case this summons ceases to have effect.

[Form 2B inserted: SL 2020/167 r. 24.]

2C. Arrest warrant for the purposes of Act s. 52Q(1)(b) and 52Y and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Sections 52Q(1)(b) and 52Y and Part 5]

• Western AustraliaMagistrates Court at:No: Arrest warrant for appearance at warrant of commitment inquiryWarrant No.
• To All members of the Police Force
• Person to be arrested Full name
• Date of birth Male/Female
• Address
• Fine/s or other amount/s to which warrant of commitment inquiry relates
• Command **This warrant authorises and commands you to arrest the above person and bring the person before the Magistrates Court.****When arrested the person must be brought before the Magistrates Court for the warrant of commitment inquiry immediately after the arrest if it is practicable to do so and in any case, subject to the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52ZB, as soon as practicable after the arrest.**The person may be brought before the Magistrates Court at any place where it is sitting and either in person or, subject to the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52ZJ, by means of a video link or audio link.
• Signature of issuing magistrate Date
• Execution details Person arrested on [date] at [time] at *[location]*by: Registered No:of: Station:Signature: Date:
• Notice to arresting officer If it is not practicable to bring an arrested person before the Magistrates Court immediately after the arrest, you must as soon as practicable, consider whether the person should be released, and you may release the person (subject to the person entering into a conditional release undertaking for the person’s appearance at the warrant of commitment inquiry). In addition, you must release an arrested person if the person has been in custody under the warrant for 24 hours or if it becomes apparent that it is not practicable to bring the person before the Court within 24 hours after the arrest (subject to the person entering into a conditional release undertaking for the person’s appearance at the warrant of commitment inquiry).It is an offence to fail, wilfully and without reasonable excuse, to perform any of the above duties. The maximum penalty for the offence is imprisonment for 12 months or a fine of $1 000, or both.If it is not practicable for you to perform any of the above duties, you must request an authorised police officer to perform them. Additionally, if you are not an authorised police officer, you may request an authorised police officer to perform the above duties.
• Notice to arrested person A warrant of commitment inquiry is an inquiry conducted before the Magistrates Court to determine if you have the means to pay the fine/s or other amount/s referred to above, your suitability for a work and development order, whether you have contravened previous orders and the appropriate enforcement action that should be taken. At a warrant of commitment inquiry the Magistrates Court may issue a warrant of commitment committing you to be imprisoned. The Court may also make other orders, including that a time to pay order or work and development order should be issued or an order writing off all or part of the fine/s or other amount/s.

[Form 2C inserted: SL 2020/167 r. 24.]

2D. Conditional release undertaking for the purposes of Act s. 52ZD and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 52ZD and Part 5]

CONDITIONAL RELEASE UNDERTAKING

• Details of offender/liable person:
• Surname: Other names:
• Date of birth:
• Address:
• Telephone No: Fax No:
• Mobile No:
• Email address:

You may be sent electronic notifications in relation to court appearances mentioned in this form. If you do not wish to receive electronic notifications, please tick the box below.

🞏 I do not wish to receive electronic notifications.

Fine/s or other amount/s to which warrant of commitment inquiry relates:

Time and place of appearance for warrant of commitment inquiry:

(name and location of Court)

on .............. day the ................ day of .................... 20.......... at...........am/pm

UNDERTAKING

I, the person named above —

UNDERTAKE —

(a) to appear in the Magistrates Court for a warrant of commitment inquiry at the time and place set out above; and

(b) that if a different time and place has been substituted by notice served personally on me, I will appear at that substituted time and place; and

(c) that if I fail to appear in the Court as required I will as soon as practicable appear in the Court at that place when the Court is sitting.

NOTICE

CERTIFICATE AS TO UNDERTAKING

• (1) Delete as appropriate The above undertaking was entered into by the person named above before me, a person before whom a conditional release undertaking may be entered into under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52ZD(3), after I had (1) [read the undertaking to the person named above]/[been informed by the person named above that they had read the undertaking]/[had the undertaking translated to the person named above]/[provided the person named above with a written translation of the undertaking].
• Signature: Date:
• Official designation:
• I acknowledge that I have been given a copy of the above conditional release undertaking. OFFENDER/LIABLE PERSON

[Form 2D inserted: SL 2020/167 r. 24.]

2E. Certificate that offender/liable person has a right to be released for the purposes of Act s. 52ZF(c) and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 52ZF(c) and Part 5]

CERTIFICATE TO AUTHORISE RELEASE

• Details of offender/liable person:
• Surname: Other names:
• Date of birth:
• Address:
• Telephone No: Fax No:
• Mobile No:
• Email address:
• Date conditional release undertaking entered into:

I, the person before whom the conditional release undertaking referred to above was entered into, certify for the purposes of the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52ZF(c) that the person named above has a right to be released.

• Signature: Name:
• Official designation:

[Form 2E inserted: SL 2020/167 r. 24.]

3. Warrant of commitment for the purposes of Act s. 52S(4) and Part 5

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 52S(4) and Part 5]

To: All members of the Police Force of Western Australia

The chief executive officer as defined in the Prisons Act 1981

The above court made the above order and the matter has been registered with the Fines Enforcement Registry for enforcement. To date, the above enforcement fees have been imposed. As a result the offender/liable person is required to pay the AMOUNT OWED which to date is unpaid.

The Magistrates Court has held a warrant of commitment inquiry and has made an order under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 52S(1)(e) that this warrant of commitment should be issued.

Under section 53 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 the offender/liable person is to be imprisoned for the above period, subject to that section.

YOU ARE AUTHORISED AND COMMANDED BY THIS WARRANT to arrest the offender/liable person and to imprison him or her for the period specified above, subject to section 53 of the Fines, Penalties and Infringement Notices Enforcement Act 1994. The period of imprisonment is CONCURRENT with any term or period of imprisonment that the offender/liable person has to serve.

• Warrant issued by Signature:Magistrate: Date:
• PAYMENT DETAILS DETAILS OFEXECUTION OR SATISFACTION OFFICER’S DETAILS
• Payment Type:Reference No:Gen. Receipt No:Payment Amount: Amount Paid on Demand:Arrested at:CWB Advised:HRS / / Name:No:Station:Date:

[Form 3 inserted: Gazette 30 Jun 1995 p. 2639; amended: Gazette 13 May 2005 p. 2082; 4 Jul 2008 p. 3171; SL 2020/167 r. 25.]

4. Enforcement warrant for the purposes of Act s. 61

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 61]

• Offender’sdetails Name:Address:A.C.N.:
• Case details Reciprocating Court:Location of Reciprocating Court:Date of Order:Nature of Court Order:Date of Offence:Offence:
• Amountoutstanding Fine/forfeited amount:Costs:Enforcement fee:Sub‑total:Less amount paid:AMOUNT OUTSTANDING: ++=—=

The above reciprocating court made the above order and the matter has been registered with this Registry for enforcement. To date, the above enforcement fees have been imposed. As a result the offender is required to pay the AMOUNT OUTSTANDING which to date is unpaid.

You are authorised by this warrant to exercise the powers conferred by the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 7 (other than Divisions 6A and 6B), which include powers to seize and sell so much of the offender’s personal property and land as is necessary to recover the amount outstanding and any enforcement fees, and to enter places for the purposes of exercising those powers.

This warrant must be executed in accordance with the Fines, Penalties and Infringement Notices Enforcement Act 1994.

REGISTRAR DATE

[Form 4 inserted: Gazette 30 Jun 1995 p. 2640; amended: Gazette 13 May 2005 p. 2082; 20 Aug 2013 p. 3888; SL 2020/167 r. 26.]

[Form 5 deleted: Gazette 30 Jun 1995 p. 2638.]

[Form 6 deleted: Gazette 20 Aug 2013 p. 3888.]

6A. Memorial of land for the purposes of Act s. 89(2)

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 89]

To: Registrar of Titles/

Registrar of Deeds and Transfers

• Sheriff’s OfficeWarrant No.
• The Magistrates Court MEMORIAL
• Fines EnforcementRegistry
• Description of land Extent Volume Folio
• Registered proprietor of land

This Memorial is lodged in respect of the land described above, together with a copy of the Warrant, in accordance with section 89 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

[Form 6A inserted: Gazette 30 Jun 1995 p. 2641; amended: Gazette 13 May 2005 p. 2082.]

6B. Withdrawal of memorial of land for the purposes of Act s. 90

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 90]

To: Registrar of Titles/

Registrar of Deeds and Transfers

• Sheriff’s OfficeWarrant No.
• The Magistrates Court WITHDRAWAL OF MEMORIAL
• Fines EnforcementRegistry
• Description of land Extent Volume Folio
• Registered proprietor of land

The following Memorial(s) in relation to the land described above are cancelled, in accordance with section 90 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

[Form 6B inserted: Gazette 30 Jun 1995 p. 2642; amended: Gazette 13 May 2005 p. 2082.]

[Form 7 deleted: Gazette 4 Oct 1996 p. 5233.]

8. Certificate under Act s. 101C(1): Part 3 proceedings

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 101C(1)]

CERTIFICATE AS TO LICENCE SUSPENSION ORDER

Alleged offender:

Address:

In relation to this alleged offender the following matters are certified as being true and correct:

[Strike out any that do not apply.]

1. On [date] an infringement notice was issued by [prosecuting authority] to the alleged offender for the alleged offence of [description of alleged offence].

The [modified penalty] / [outstanding balance of the modified penalty] on the infringement notice is [$].

2. On [date] the infringement notice was registered under Part 3 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].

3. [An order to pay or elect was issued under section 17 of the Act] / [A balance payment order was issued under section 17A of the Act] and was served on the alleged offender by [details of service].

4. A notice of intention to enforce was issued under section 18 of the Act and was served on the alleged offender by [details of service].

5. A licence suspension order suspending the alleged offender’s:

❒ driver’s licence number [no.]

❒ vehicle licence for the vehicle registered number [no.]

was made at [time] on [date] under section 19 of the Act.

6. A notice confirming licence suspension was issued under section 19 of the Act and was served on the alleged offender by [details of service].

7. As at the time of issuing this certificate the licence suspension order has not been cancelled.

OR

The licence suspension order was cancelled at [time] on [date].

Date of this certificate: Time:

[Signature]

REGISTRAR

[Form 8 inserted: Gazette 20 Aug 2013 p. 3889-90; SL 2024/203 r. 9(2).]

9. Certificate under Act s. 101C(1): Part 4 proceedings

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 101C(1)]

CERTIFICATE AS TO LICENCE SUSPENSION ORDER

Offender:

Address:

In relation to this offender the following matters are certified as being true and correct:

[Strike out any that do not apply.]

1. On [date] the [court] at [place] imposed a fine on the offender for the offence of [description of offence].

The amount of the fine (as defined in section 28(1) of the Act) is [$].

2. On [date] the fine was registered under Part 4 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].

3. A notice of intention to enforce was issued under section 42 of the Act and was served on the offender by [details of service].

4. A licence suspension order suspending the offender’s:

❒ driver’s licence number [no.]

❒ vehicle licence for the vehicle registered number [no.]

was made at [time] on [date] under section 43 of the Act.

5. A notice confirming licence suspension was issued under section 43 of the Act and was served on the offender by [details of service].

6. As at the time of issuing this certificate the licence suspension order has not been cancelled.

OR

The licence suspension order was cancelled at [time] on [date].

Date of this certificate: Time:

[Signature]

REGISTRAR

[Form 9 inserted: Gazette 20 Aug 2013 p. 3890-1.]

10. Certificate under Act s. 101C(2A): Part 3 proceedings

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 101C(2A)]

CERTIFICATE AS TO VEHICLE LICENCE SUSPENSION AND DISQUALIFICATION ORDER/ VEHICLE LICENCE CANCELLATION AND DISQUALIFICATION ORDER

Alleged offender:

Address:

In relation to this alleged offender the following matters are certified as being true and correct:

[Strike out any that do not apply.]

1. On [date] an infringement notice was issued by [prosecuting authority] to the alleged offender for the alleged offence of [description of alleged offence].

The [modified penalty] / [outstanding balance of the modified penalty] on the infringement notice is [$].

2. On [date] the infringement notice was registered under Part 3 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].

3. A vehicle licence suspension and disqualification order disqualifying the alleged offender from holding or obtaining a vehicle licence for the vehicle that had number plates [no.] (and, if a vehicle licence was in force in relation to the vehicle when the order was made, suspending the licence) was made on [date] under section 95G of the Act and took effect at [time] on that day. A notice confirming that the alleged offender was disqualified from holding or obtaining a vehicle licence (and, if the vehicle was licensed, that the vehicle licence has been suspended) was affixed to the vehicle.

4. As at the time of issuing this certificate the vehicle licence suspension and disqualification order has not been cancelled.

OR

The vehicle licence suspension and disqualification order was cancelled at [time] on [date].

5. A vehicle licence cancellation and disqualification order disqualifying the alleged offender from holding or obtaining a vehicle licence for the vehicle that had number plates [no.] (and, if the vehicle was licensed when the order was made, cancelling the licence) was made under section 95J of the Act on [date] at [time].

6. A copy of the vehicle licence cancellation and disqualification order was served on the alleged offender by [details of service].

7. As at the time of issuing this certificate the vehicle licence cancellation and disqualification order has not been cancelled.

OR

The vehicle licence cancellation and disqualification order was cancelled to the extent that it disqualifies the alleged offender from holding or obtaining a vehicle licence at [time] on [date].

Date of this certificate: Time:

[Signature]

SHERIFF

[Form 10 inserted: SL 2020/167 r. 27; amended: SL 2024/203 r. 9(3).]

11. Certificate under Act s. 101C(2A): Part 4 proceedings

Fines, Penalties and Infringement Notices Enforcement Act 1994

[Section 101C(2A)]

CERTIFICATE AS TO VEHICLE LICENCE SUSPENSION AND DISQUALIFICATION ORDER/ VEHICLE LICENCE CANCELLATION AND DISQUALIFICATION ORDER

Offender:

Address:

In relation to this offender the following matters are certified as being true and correct:

[Strike out any that do not apply.]

1. On [date] the [court] at [place] imposed a fine on the offender for the offence of [description of offence].

The amount of the fine (as defined in section 28(1) of the Act) is [$].

2. On [date] the fine was registered under Part 4 of the Act with the Fines Enforcement Registry for enforcement and was allocated case number [no.].

3. A vehicle licence suspension and disqualification order disqualifying the offender from holding or obtaining a vehicle licence for the vehicle that had number plates [no.] (and, if a vehicle licence was in force in relation to the vehicle when the order was made, suspending the licence) was made on [date] under section 95G of the Act and took effect at [time] on that day. A notice confirming that the offender was disqualified from holding or obtaining a vehicle licence (and, if the vehicle was licensed, that the vehicle licence has been suspended) was affixed to the vehicle.

4. As at the time of issuing this certificate the vehicle licence suspension and disqualification order has not been cancelled.

OR

The vehicle licence suspension and disqualification order was cancelled at [time] on [date].

5. A vehicle licence cancellation and disqualification order disqualifying the offender from holding or obtaining a vehicle licence for the vehicle that had number plates [no.] (and, if the vehicle was licensed when the order was made, cancelling the licence) was made under section 95J of the Act on [date] at [time].

6. A copy of the vehicle licence cancellation and disqualification order was served on the offender by [details of service].

7. As at the time of issuing this certificate the vehicle licence cancellation and disqualification order has not been cancelled.

OR

The vehicle licence cancellation and disqualification order was cancelled to the extent that it disqualifies the offender from holding or obtaining a vehicle licence at [time] on [date].

Date of this certificate: Time:

[Signature]

SHERIFF

[Form 11 inserted: SL 2020/167 r. 27.]

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Notes

This is a compilation of the Fines, Penalties and Infringement Notices Enforcement Regulations 1994 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

1 Formerly referred to the Censorship Act 1996, the short title of which was changed to the Classification (Publications, Films and Computer Games) Enforcement Act 1996 by the Censorship Amendment Act 2006 s. 4(1). The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

2 Formerly referred to the Curtin University of Technology Act 1966, the short title of which was changed to the Curtin University Act 1966 by the Universities Legislation Amendment Act 2016 s. 16. The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

3 The Fines, Penalties and Infringement Notices Enforcement Amendment Regulations 1997 were published on 1 Aug 1997 p. 4394 and again on 4 Nov 1997 p. 6079‑80. The publication of 4 Nov 1997 has no effect.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

approved user 2A

ASGS 2B(1)

ECMS 2A

GST 3AA(1)

metropolitan region 2A

section 2A

warrant 11B(1)

WPI 8AA(3), 8AC(1)

© State of Western Australia 2025.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: GEOFF O. LAWN, Government Printer