QLDIn ForceAct
State Penalties Enforcement Act 1999
sec.150BGuidelines
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### sec.150B Guidelines
The Minister may issue guidelines about the writing off or reinstatement of fines and other amounts payable by persons under this Act.
A guideline issued under subsection (1) must not be made available to members of the public.
The Minister may make guidelines, not inconsistent with this Act, about work and development orders.
The registrar may issue guidelines for the purposes of section 108B , 108C , 108D (2) , 108H (4) (a) or (b) or 108P (1) (b) or (2) .
Without limiting subsection (4) , a guideline for the purposes of section 108D (2) or 108P (2) may deal with—
whether there is severe or unusual hardship caused by depriving an enforcement debtor of the enforcement debtor’s means of earning a living; and
whether there is severe or unusual hardship caused other than by depriving an enforcement debtor of the enforcement debtor’s means of earning a living.
The registrar—
may have regard to a guideline issued by the registrar for the purposes of section 108B , 108D (2) or 108P (2) ; and
must have regard to a guideline issued by the registrar for the purposes of section 108C or 108P (1) (b) .
An enforcement officer must have regard to a guideline issued by the registrar for the purposes of section 108H (4) (a) or (b) .
A guideline under subsection (3) or (4) must be publicly available including available on SPER’s website.
s 150B ins 2007 No. 3 s 32
amd 2009 No. 48 s 29 ; 2010 No. 26 s 130 ; 2017 No. 13 s 78
(sec.150B-ssec.1) The Minister may issue guidelines about the writing off or reinstatement of fines and other amounts payable by persons under this Act.
(sec.150B-ssec.2) A guideline issued under subsection (1) must not be made available to members of the public.
(sec.150B-ssec.3) The Minister may make guidelines, not inconsistent with this Act, about work and development orders.
(sec.150B-ssec.4) The registrar may issue guidelines for the purposes of section 108B , 108C , 108D (2) , 108H (4) (a) or (b) or 108P (1) (b) or (2) .
(sec.150B-ssec.5) Without limiting subsection (4) , a guideline for the purposes of section 108D (2) or 108P (2) may deal with— whether there is severe or unusual hardship caused by depriving an enforcement debtor of the enforcement debtor’s means of earning a living; and whether there is severe or unusual hardship caused other than by depriving an enforcement debtor of the enforcement debtor’s means of earning a living.
(sec.150B-ssec.6) The registrar— may have regard to a guideline issued by the registrar for the purposes of section 108B , 108D (2) or 108P (2) ; and must have regard to a guideline issued by the registrar for the purposes of section 108C or 108P (1) (b) .
(sec.150B-ssec.7) An enforcement officer must have regard to a guideline issued by the registrar for the purposes of section 108H (4) (a) or (b) .
(sec.150B-ssec.8) A guideline under subsection (3) or (4) must be publicly available including available on SPER’s website.
- (a) whether there is severe or unusual hardship caused by depriving an enforcement debtor of the enforcement debtor’s means of earning a living; and
- (b) whether there is severe or unusual hardship caused other than by depriving an enforcement debtor of the enforcement debtor’s means of earning a living.
- (a) may have regard to a guideline issued by the registrar for the purposes of section 108B , 108D (2) or 108P (2) ; and
- (b) must have regard to a guideline issued by the registrar for the purposes of section 108C or 108P (1) (b) .