Monetary Penalties Enforcement Amendment Bill 2026
[Bill 16]-V
TASMANIA
MONETARY PENALTIES ENFORCEMENT
AMENDMENT BILL 2026
CONTENTS
PART 1 – PRELIMINARY
Short title
Commencement
PART 2 – MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
Principal Act
Section 54 amended (Administrative sanctions)
Section 65 repealed
Section 84 amended (Issue of order for redirection of money
owing)
Section 85 amended (Director may cancel or vary redirection of
money owing orders)
Section 86 amended (When Director may issue order for
redirection of earnings)
Section 90A inserted
90A. Director to be notified of significant change in
employment
Section 94 amended (Employers not to disclose information,
&c.)
Sections 99A and 99B inserted
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99A. Director to have regard to enforcement debtor’s
financial circumstances
99B. Obligations of authorised deposit-taking institutions
12. Section 101 amended (Offence of obstructing enforcement
officer)
13. Part 9A inserted
PART 9A – Interstate Fine Enforcement
Division 1 – Interpretation
108A. Interpretation of Part
108B. Relevant connection of offender with a jurisdiction
Division 2 – Enforcement of interstate fines in Tasmania
108C. Power to make interstate fine enforcement orders
108D. Effect of interstate fine enforcement order
108E. Request for interstate fine enforcement order
108F. Form of interstate fine enforcement order
108G. Amendment or withdrawal of request for interstate
fine enforcement order
108H. Amendment or withdrawal of interstate fine
enforcement order
108I. Effect of amendment or withdrawal of interstate fine
enforcement order
108J. Director may cease enforcement of interstate fine
enforcement order
108K. Enforcement costs payable under interstate fine
enforcement orders
108L. Application of amounts recovered
Division 3 – Enforcement of Tasmanian enforcement orders
in participating jurisdictions
108M. Director may request enforcement of Tasmanian
enforcement order
108N. Notification of payments made in this jurisdiction
Division 4 – Relationship with Part 9
108O. Relationship with Part 9
14. Section 109 amended (Amount may be deemed to be
uncollectable)
15. Section 110 substituted
110. Director may approve use of information system
16. Section 115 amended (Information from Commissioner of
Tasmania Police)
17. Sections 116A and 116B inserted
116A. Director may request information
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116B. Service on, or provision to, a person of information
or documents
18. Section 117 amended (Deductions from awards made under
Victims of Crime Assistance Act 1976)
19. Section 121 substituted
121. Annual report
PART 3 – MONETARY PENALTIES ENFORCEMENT ACT 2005
FURTHER AMENDED
20. Principal Act
21. Section 3 amended (Interpretation)
22. Section 98 amended (Order to redirect debt owed to enforcement
debtor)
23. Section 98A inserted
98A. Money in account taken to be debt owed to
enforcement debtor
PART 4 – REPEAL OF ACT
24. Repeal of Act
[Bill 16] 5
MONETARY PENALTIES ENFORCEMENT
AMENDMENT BILL 2026
(Brought in by the Minister for Justice, Corrections and
Rehabilitation, the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Monetary Penalties Enforcement Act
2005
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 – PRELIMINARY
Short title
This Act may be cited as the Monetary Penalties
Enforcement Amendment Act 2026.
Commencement
(1) Except as provided by subsection (2), this Act
commences on a day to be proclaimed.
(2) This section, section 1 and Part 3 are taken to
have commenced on 28 April 2008.
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PART 2 – MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
3. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
4. Section 54 amended (Administrative sanctions)
Section 54(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) “Act;”
and substituting “Act.”;
(b) by omitting paragraph (g).
5. Section 65 repealed
Section 65 of the Principal Act is repealed.
6. Section 84 amended (Issue of order for redirection
of money owing)
Section 84 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) The Director must, as soon as practicable
after issuing a redirection of money
*No. 57 of 2005
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owing order, serve a copy of the order on
the enforcement debtor.
7. Section 85 amended (Director may cancel or vary
redirection of money owing orders)
Section 85 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)
“order was issued.” and substituting
“order was issued; or”;
(b) by inserting the following paragraph after
paragraph (b) in subsection (2):
(c) the redirection of money owing
order is causing the applicant
unreasonable hardship.
(c) by omitting from subsection (4) “he or
she may cancel or vary the relevant
redirection of money owing order” and
substituting “the Director may cancel or
vary the relevant redirection of money
owing order, having regard to any matter
that the Director considers relevant,
including whether the order is causing
the enforcement debtor unreasonable
hardship”.
8. Section 86 amended (When Director may issue
order for redirection of earnings)
Section 86 of the Principal Act is amended as
follows:
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(a) by omitting subsection (1) and
substituting the following subsections:
(1) Subject to subsection (2), the
Director may issue an order for
the redirection of an enforcement
debtor’s earnings to –
(a) the employer of the
enforcement debtor; or
(b) a person who is liable to
make payments to the
enforcement debtor for
the provision of services
by the enforcement
debtor.
(1A) In this section, a reference to an
enforcement debtor’s earnings
includes amounts payable to the
enforcement debtor for the
personal services of the
enforcement debtor, including
under a contract for services,
whether or not the enforcement
debtor carries on business as a
sole trader or otherwise.
(b) by omitting from subsection (2) “may
only issue an order for redirection of the
enforcement debtor’s earnings if he or
she is satisfied of the following:” and
substituting “must not issue an order
under subsection (1) unless the Director
is satisfied of the following:”;
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(c) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) that the person to whom the order
is issued is –
(i) the enforcement debtor’s
employer; or
(ii) a person who is liable to
make payments to the
enforcement debtor for
the provision of services
by the enforcement
debtor;
(d) by omitting from subsection (3)
“employer” and substituting “person to
whom the order was issued”.
9. Section 90A inserted
After section 90 of the Principal Act, the
following section is inserted in Division 4:
90A. Director to be notified of significant change
in employment
An enforcement debtor and the
enforcement debtor’s employer must
give written notice to the Director of any
significant change in the employment of
the enforcement debtor that is likely to
affect an order for the redirection of the
enforcement debtor’s earnings issued
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under section 86 within 14 days after the
significant change occurs.
Penalty: Fine not exceeding 15 penalty
units.
10. Section 94 amended (Employers not to disclose
information, &c.)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
“enforcement debtor.” and substituting
“enforcement debtor; or”;
(b) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) a person who is liable to make
payments to an enforcement
debtor for the provision of
services by the enforcement
debtor.
(c) by inserting the following subsection
after subsection (1):
(1A) For the purposes of
subsection (1)(c), payments for
the provision of services include
amounts payable under a contract
for services, whether or not the
enforcement debtor carries on
business as a sole trader or
otherwise.
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11. Sections 99A and 99B inserted
After section 99 of the Principal Act, the
following sections are inserted in Division 4:
99A. Director to have regard to enforcement
debtor’s financial circumstances
In deciding whether to issue a redirection
of money owing order under section
84(2)(b) to redirect all or part of a debt
owed to an enforcement debtor, the
Director is to consider any evidence
before the Director that is relevant to –
(a) the enforcement debtor’s ability
to satisfy the debt; and
(b) the enforcement debtor’s
necessary living expenses; and
(c) any other liabilities of the
enforcement debtor.
99B. Obligations of authorised deposit-taking
institutions
(1) This section applies to an ADI that has
been served by the Director with a
redirection of money owing order.
(2) An ADI must deduct from the account
held by the enforcement debtor, in
respect of whom the redirection of
money owing order has been issued, the
amount specified in the order.
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Penalty: Fine not exceeding 20 penalty
units.
(3) An ADI must pay the money deducted
under subsection (2) to the Director
within 2 days after being served with the
redirection of money owing order.
Penalty: Fine not exceeding 20 penalty
units.
(4) Unless required under a redirection of
money owing order to deduct an amount
from a particular account held by the
enforcement debtor with the ADI –
(a) the ADI may choose the account
from which to deduct the amount;
and
(b) the ADI may deduct the amount
by deducting lesser amounts from
2 or more accounts held by the
enforcement debtor.
12. Section 101 amended (Offence of obstructing
enforcement officer)
Section 101 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) “or the
Director” after “an enforcement officer”;
(b) by omitting from paragraph (a)(i) “his or
her” and substituting “the enforcement
officer’s or the Director’s”;
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(c) by inserting in paragraph (a)(ii) “or the
Director” after “officer”;
(d) by inserting in paragraph (b) “or the
Director” after “officer”.
13. Part 9A inserted
After section 108 of the Principal Act, the
following Part is inserted:
PART 9A – INTERSTATE FINE ENFORCEMENT
Division 1 – Interpretation
108A. Interpretation of Part
(1) In this Part –
another jurisdiction means a State or
a Territory other than Tasmania;
discharged, in relation to an interstate
fine or part of such a fine, means
discharged because of payment,
remission, pardon or otherwise;
interstate fine means a fine or other
monetary amount that is payable
by a person under an order in
force under the law of another
jurisdiction for one or more
offences, or alleged offences,
against the law of that
jurisdiction, and includes –
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(a) any costs (including
expenses or
disbursements) payable
by the person under the
order; and
(b) such other amounts (if
any) as may be
prescribed;
interstate fine enforcement authority
for an interstate fine means a
court, government department or
other agency (or an officer of a
court, government department or
other agency) that is responsible
for the enforcement of the
interstate fine in the originating
jurisdiction;
interstate fine enforcement order
means an order under section
108C;
offender, in relation to an interstate
fine or a Tasmanian monetary
penalty, means the person on
whom the interstate fine or
monetary penalty was imposed;
order includes –
(a) a verdict or judgment; and
(b) a notice requiring the
payment of a fine for an
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offence or alleged
offence;
originating jurisdiction means the
jurisdiction in which the order
under which an interstate fine is
payable was made;
participating jurisdiction means
another jurisdiction –
(a) in which Tasmanian
enforcement orders may
be enforced under the law
of that jurisdiction; or
(b) that is prescribed to be a
participating jurisdiction
for the purposes of this
Part;
Tasmanian enforcement order means
an enforcement order in relation
to a Tasmanian monetary penalty;
Tasmanian monetary penalty means a
monetary penalty for which
Tasmania is the originating
jurisdiction.
(2) If a provision of this Part confers a
function on the originating jurisdiction
for an interstate fine, that function may
be exercised by –
(a) an interstate fine enforcement
authority for the interstate fine; or
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(b) any other body or person that the
Director is satisfied is authorised
to exercise the function on behalf
of the originating jurisdiction.
108B. Relevant connection of offender with a
jurisdiction
For the purposes of this Part, an offender
has a relevant connection with a
jurisdiction if the offender has any one or
more of the following connections with
the jurisdiction:
(a) the offender is resident in the
jurisdiction;
(b) the offender holds a licence or
permit to drive a motor vehicle
issued in the jurisdiction;
(c) the offender has debts owing to
the offender in the jurisdiction in
respect of which an order for the
redirection of money owing could
be issued;
(d) the offender has a motor vehicle
that is registered in the
jurisdiction;
(e) the offender has property that is
located in the jurisdiction;
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(f) the offender has such other
connection with the jurisdiction
as may be prescribed.
Division 2 – Enforcement of interstate fines in Tasmania
108C. Power to make interstate fine enforcement
orders
(1) The Director may make an order (an
interstate fine enforcement order) for the
enforcement of an interstate fine in this
jurisdiction.
(2) An interstate fine enforcement order may
be made in relation to an interstate fine
only if –
(a) the originating jurisdiction for the
interstate fine is a participating
jurisdiction; and
(b) a request for the order has been
duly made under this Part by the
interstate fine enforcement
authority for the interstate fine;
and
(c) Part 7 of the Service and
Execution of Process Act 1992 of
the Commonwealth does not
apply to the fine.
(3) A single interstate fine enforcement order
may be made for the enforcement of 2 or
more interstate fines payable by a person.
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(4) An interstate fine enforcement order may
be made in the absence of, and without
prior notice to, the person liable to pay
the interstate fine.
(5) The Director must not make an interstate
fine enforcement order unless the
originating jurisdiction for the interstate
fine, or a person or body acting on its
behalf, is required (whether because of
statutory duty, agreement or otherwise)
to notify the Director if the interstate fine
is partially or fully paid in the originating
jurisdiction.
108D. Effect of interstate fine enforcement order
This Act, other than Part 8, applies to the
enforcement of an interstate fine
following the making of an interstate fine
enforcement order in the same way as it
applies to a fine following the making of
a Tasmanian enforcement order.
108E. Request for interstate fine enforcement
order
(1) The originating jurisdiction for an
interstate fine may request the Director to
make an interstate fine enforcement order
in relation to the fine if –
(a) the liability of the offender to pay
the fine has not been fully
discharged; and
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(b) there is reason to believe that the
offender has a relevant
connection with this jurisdiction.
(2) The request must –
(a) be made in writing; and
(b) include all information required
by the Director to make an
interstate fine enforcement order.
(3) A request for the making of an interstate
fine enforcement order is to be made by
electronic means unless otherwise agreed
with the Director.
(4) A single request may be made in relation
to more than one interstate fine, in which
case this section applies to each of the
fines to which that request relates.
(5) A request may not be made under this
section in relation to an interstate fine
if –
(a) action to enforce the fine is being
taken in another jurisdiction; or
(b) Part 7 of the Service and
Execution of Process Act 1992 of
the Commonwealth applies to the
fine.