❓ Hon. Alison Xamon questions the Attorney General regarding warrants of commitment for fine defaulters issued during the COVID-19 emergency. The Attorney General clarifies their lack of authority to intervene and highlights pending legislative reforms.
AnsweredQoN 393Legislative Council
Asked
12 May 2020
Member
Portfolio
Leader of the House representing the Attorney General
QuestionView source ↗
CORONAVIRUS —
WARRANTS OF COMMITMENT — FINE DEFAULTERS
393. Hon ALISON XAMON to the Leader of the House
representing the Attorney General:
I refer to fines enforcement during
the COVID-19 pandemic.
(1) How many
warrants of commitment for a fine default have been issued during the COVID-19
emergency period?
(2) Has the
Attorney General taken any action to ensure warrants of commitment to imprison
fine defaulters are not issued during this period?
(3) If no to (2),
why not?
WARRANTS OF COMMITMENT — FINE DEFAULTERS
393. Hon ALISON XAMON to the Leader of the House
representing the Attorney General:
I refer to fines enforcement during
the COVID-19 pandemic.
(1) How many
warrants of commitment for a fine default have been issued during the COVID-19
emergency period?
(2) Has the
Attorney General taken any action to ensure warrants of commitment to imprison
fine defaulters are not issued during this period?
(3) If no to (2),
why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) The registrar
of the Fines Enforcement Registry has issued 497 warrants of commitment for 48
individuals for fine defaults since the COVID-19 emergency came into effect on
16 March 2020.
(2) No.
(3) The Attorney General
is not empowered to intervene as warrants of commitment for fine defaulters are
issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994
by the registrar of the Fines Enforcement Registry in their capacity as an
officer of the Magistrates Court. The Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2019, currently before this house, represents the
government's reforms in this area. If passed, the bill will
appropriately remove the power to issue warrants of commitment from the
registrar and require an inquiry to be undertaken by a magistrate to determine
whether a warrant of commitment should be issued.
some notice of the question.
(1) The registrar
of the Fines Enforcement Registry has issued 497 warrants of commitment for 48
individuals for fine defaults since the COVID-19 emergency came into effect on
16 March 2020.
(2) No.
(3) The Attorney General
is not empowered to intervene as warrants of commitment for fine defaulters are
issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994
by the registrar of the Fines Enforcement Registry in their capacity as an
officer of the Magistrates Court. The Fines, Penalties and Infringement Notices
Enforcement Amendment Bill 2019, currently before this house, represents the
government's reforms in this area. If passed, the bill will
appropriately remove the power to issue warrants of commitment from the
registrar and require an inquiry to be undertaken by a magistrate to determine
whether a warrant of commitment should be issued.
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