Ms MacTiernan raises concerns about the unfair impact of fines falling due on non-business days and proposes an amendment to allow payment on the next business day. The Minister acknowledges the issue but cites legislative constraints and significant administrative upgrade costs as barriers to immediate change, deferring to the Ministers for Transport and Justice.

AnsweredQoN 233Legislative Assembly
Asked
9 August 2000
Portfolio
Police

QuestionView source ↗

(2) Is the Minister concerned at the unfair impact of people who have been unable to pay the fine on weekends or public holidays and have been penalised as a result? (3) Will the Government amend the rules or policy so that a fine that is payable on a non-business day is payable on the first business day thereafter? Answered on 14 November 2000 The Minister

AnswerView source ↗

Answered
14 November 2000
Response time
97 days
(1) Under the provisions of the Road Traffic Act 1974 and the Fines, Penalties and Infringement Notices Enforcement Act 1994, there is no discretion to allow for part-payments or extensions of time allowed for payment of infringement notices. (2) Where infringement notices have been issued as a result of speed or red light camera violations, they are post-dated by 7 days to allow for postage, thereby ensuring that the recipients have a clear 28 days in which to respond. It should be noted that in most cases, the infringement is received 2-3 days after postage, which leaves 3-4 days before the 28 day period actually begins. Therefore, the recipient usually has in excess of 28 days to settle the matter. If the infringement is issued on the spot by a Police Officer, then the 28 days takes effect from the date of issue. (3) Any change to the existing system would require a major administration upgrade, including related computer operating systems. This would include upgrades for the Police Service, Department of Transport and Australia Post, who are contracted as a payment centre. Notwithstanding this, any such change would be a legislative issue and, therefore, should be addressed by the Minister for Transport, who has ownership of the Road Traffic Act 1974 and the Minister for Justice, who has ownership of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
(3) Will the Government amend the rules or policy so that a fine that is payable on a non-business day is payable on the first business day thereafter? Answered on 14 November 2000 The Minister Replied: (1) Under the provisions of the Road Traffic Act 1974 and the Fines, Penalties and Infringement Notices Enforcement Act 1994, there is no discretion to allow for part-payments or extensions of time allowed for payment of infringement notices. (2) Where infringement notices have been issued as a result of speed or red light camera violations, they are post-dated by 7 days to allow for postage, thereby ensuring that the recipients have a clear 28 days in which to respond. It should be noted that in most cases, the infringement is received 2-3 days after postage, which leaves 3-4 days before the 28 day period actually begins. Therefore, the recipient usually has in excess of 28 days to settle the matter. If the infringement is issued on the spot by a Police Officer, then the 28 days takes effect from the date of issue. (3) Any change to the existing system would require a major administration upgrade, including related computer operating systems. This would include upgrades for the Police Service, Department of Transport and Australia Post, who are contracted as a payment centre. Notwithstanding this, any such change would be a legislative issue and, therefore, should be addressed by the Minister for Transport, who has ownership of the Road Traffic Act 1974 and the Minister for Justice, who has ownership of the Fines, Penalties and Infringement Notices Enforcement Act 1994.
Answered on 14 November 2000 The Minister Replied: (1) Under the provisions of the Road Traffic Act 1974 and the Fines, Penalties and Infringement Notices Enforcement Act 1994, there is no discretion to allow for part-payments or extensions of time allowed for payment of infringement notices. (2) Where infringement notices have been issued as a result of speed or red light camera violations, they are post-dated by 7 days to allow for postage, thereby ensuring that the recipients have a clear 28 days in which to respond. It should be noted that in most cases, the infringement is received 2-3 days after postage, which leaves 3-4 days before the 28 day period actually begins. Therefore, the recipient usually has in excess of 28 days to settle the matter. If the infringement is issued on the spot by a Police Officer, then the 28 days takes effect from the date of issue. (3) Any change to the existing system would require a major administration upgrade, including related computer operating systems. This would include upgrades for the Police Service, Department of Transport and Australia Post, who are contracted as a payment centre. Notwithstanding this, any such change would be a legislative issue and, therefore, should be addressed by the Minister for Transport, who has ownership of the Road Traffic Act 1974 and the Minister for Justice, who has ownership of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

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