Z Zoe Where to start with an Australian legal problem: plain-English guides, with the legislation and case law behind them.
Section 3 - Monetary Penalties Enforcement Act 2005 - Interpretation | Zoe
Home / Legislation / Monetary Penalties Enforcement Act 2005 / 3 TAS In Force Act
Monetary Penalties Enforcement Act 2005
3Interpretation Start here
Get a plain-English read of 3 Turn the raw legal text into a practical explanation grounded in Monetary Penalties Enforcement Act 2005.
Explain section 3 Interpretation
In this Act, unless the contrary intention appears –
administrative enforcement means the imposition of an administrative sanction under Part 6 ;
approved means approved by the Director;
Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;
civil enforcement means the imposition of a civil sanction under Part 7 ;
Commissioner means a Commissioner within the meaning of the Victims of Crime Assistance Act 1976 ;
[Section 3 Amended by No. 20 of 2013, s. 59, Applied:20 Jun 2013] compensation order means an order made under Division 2 of Part 9 of the Sentencing Act 1997 ;
conveyance includes an aircraft, vehicle or vessel;
court means a court as defined in section 6 ;
[Section 3 Amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] debt means any amount stated in an enforcement order that remains unpaid, including any prescribed amount imposed by or under this Act, and any other costs made recoverable under this Act;
Director means the Director, Monetary Penalties Enforcement Service appointed under section 8 ;
Director, Community Corrections means the person appointed under the State Service Act 2000 to manage probation officers working on community corrections programs under ;
Previous section 2 Commencement
Next section 4 Application of Act
discharge , in respect of a monetary penalty or a debt, means –
(a) to pay in full; or
(b) to complete a period of community service in accordance with an MPCSO; or
(c) to complete a period of imprisonment imposed in respect of the non-payment of the debt; or
(d) to have the Director deem the debt to be uncollectable in accordance with section 109 ; or
(e) any combination of paragraphs (a) to (d) which fully satisfies the debt;
earnings , in relation to an enforcement debtor, means any amount payable to the enforcement debtor by way of wages or salary and any other emolument payable in addition to wages or salary;
enforcement costs means any costs incurred in enforcing payment of a monetary penalty under this Act;
enforcement debtor means a person to whom an enforcement order has been issued under Part 5 ;
enforcement order means an enforcement order issued under Part 5 ;
enforcement warrant means an enforcement warrant issued under Part 7 ;
fee-paying public sector body means a public sector body referred to in section 7(1) ;
infringement notice means a notice, including a traffic infringement notice, which –
(a) is authorised by an Act; and
(b) sets out particulars of an alleged offence; and
(c) [Section 3 Amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008] gives an alleged offender the option of paying the penalty set out in the notice or having the matter dealt with in court;
issuing authority means a public sector body which issues an infringement notice;
licence issuer means a person with the statutory authority to issue a prescribed licence;
MPCSO means a Monetary Penalty Community Service Order issued under section 33 ;
non-fee-paying public sector body means a public sector body referred to in section 7(3) ;
notification includes notice given in an electronic form approved by the Director;
property means personal property comprising goods or chattels;
protected earnings amount , for a period for which earnings are paid, means the amount calculated by applying the protected earnings rate to that period;
protected earnings rate has the meaning given by section 4 of the Child Support (Registration and Collection) Act 1988 of the Commonwealth;
public sector body means any of the following:
(a) an Agency as defined in the State Service Act 2000 ;
(b) a statutory board;
(c) a holder of a statutory office;
(ca) [Section 3 Amended by No. 4 of 2011, s. 31, Applied:28 Apr 2008] any person, or a person of any class of persons, authorised under an Act to issue or serve an infringement notice;
(d) a Government Business Enterprise under the Government Business Enterprises Act 1995 ;
(e) a council;
(f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister;
(g) a department, authority or agency of the Commonwealth government;
(h) a prescribed body;
reciprocating court means a court declared under section 107 to be a reciprocating court for the purposes of this Act;
redirection of money owing order means an order issued under section 84(1) ;
registered proprietor means any person appearing by a folio of the Register, or by any registered dealing, to be the proprietor of any estate or interest in registered land;
search warrant means a search warrant under Part 7 ;
specified land means land specified in a notice under section 68(3) ;
warrant of commitment means a warrant of commitment under Part 8 ;
warrant premises means –
(a) premises in relation to which a search warrant or an enforcement warrant is in force; and
(b) where a warrant is to be executed against property which is a conveyance, the place at which the conveyance is hangared, parked or moored.