Monetary Penalties Enforcement Amendment Bill 2026
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Monetary Penalties Enforcement Amendment Act 2026 Act No. of 2026 Part 2 – Monetary Penalties Enforcement Act 2005 Amended s. 17 37 electronic communication includes the transmission of information or a document by electronic means in a form capable of being retrieved and accessed by the recipient, including any of the following: (a) an email attachment; (b) a link that provides access to a document; (c) an SMS or similar message with a document attached. (2) If this Act requires service on, or provision to, a person of any information or document, the information or document may be served or provided by electronic communication if the person has consented to such service or provision. (3) Subsection (2) does not prevent the service or provision of any information or document under section 29AB of the Acts Interpretation Act 1931. (4) For the purposes of subsection (2), if a person has provided to the Director or other person required under this Act to serve or provide the information or document – (a) an email address; or
Monetary Penalties Enforcement Amendment Act 2026 Act No. of 2026 s. 17 Part 2 – Monetary Penalties Enforcement Act 2005 Amended 38 (b) a facsimile number; or (c) a telephone number capable of receiving text-based electronic communications – and this Act requires service on, or provision to, the person of any information or document, the person is taken to have consented to service or provision of the information or document by electronic communication to that address or number. (5) Any information or document sent by electronic communication to an address or number referred to in subsection (4) is taken to have been served on, or provided to, the person if the information or document is transmitted in a form that is capable of being retrieved and accessed by the person. (6) Unless the contrary is proved, service or provision under subsection (5) is taken to have been effected at the time at which the electronic communication is transmitted by the sender. (7) If this Act requires or permits a notice, order, warrant or any document under this Act containing information or a request for information to be given by a person to another person, the notice, order, warrant or document may be transmitted by electronic communication.
Monetary Penalties Enforcement Amendment Act 2026 Act No. of 2026 Part 2 – Monetary Penalties Enforcement Act 2005 Amended s. 18 39 (8) If a notice or enforcement warrant is transmitted under subsection (7) to an enforcement officer for the purpose of serving the notice or enforcing the warrant, the enforcement officer must ensure that a copy of the notice or warrant is converted into written form before the notice is served or the warrant is enforced. (9) Subsection (7) is in addition to, and does not limit, subsections (2), (3), (4), (5) and (6). 18. Section 117 amended (Deductions from awards made under Victims of Crime Assistance Act 1976) Section 117 of the Principal Act is amended as follows: (a) by omitting “must” first occurring and substituting “may”; (b) by omitting “must” second occurring and substituting “, if so deducted, must”. 19. Section 121 substituted Section 121 of the Principal Act is repealed and the following section is substituted: 121. Annual report (1) The Director, as soon as practicable after 30 June in each year, is to publish an annual report on the operation of the