Summary Proceedings Amendment Act 2006

1: Title
This Act is the Summary Proceedings Amendment Act 2006.
2: Commencement
1: This Act (except sections 4 to 41
2: Sections 4 5 9 to 27 28(1) (3) 29 30 34 to 37 39 to 41
3: Any provision referred to in subsection (2)
4: Sections 6 7 8 28(2) 31 32 33 38
3: Principal Act amended
This Act amends the Summary Proceedings Act 1957
4: Interpretation
Section 2(1) paragraphs (f) to (g) infringement notice
f: section 66 of the Dog Control Act 1996
g: section 139 of the Land Transport Act 1998
h: section 260A of the Fisheries Act 1996
i: section 162 of the Animal Welfare Act 1999
j: section 357 of the Gambling Act 2003
k: any provision of any other Act providing for the use of the infringement notice procedure under section 21 .
5: Summary procedure for infringement offences
1: Section 21(2) in the prescribed form containing that contains
2: Section 21 subsection (2)
2AA: The reminder notice referred to in subsection (2) and subsection (3C)
a: if a form has been prescribed in any other Act or in regulations made under any other Act for the relevant infringement offence or the relevant class of infringement offences, be in that form; or
b: if no form has been so prescribed, be in the general form prescribed in regulations made under this Act.
3: Section 21(2A) the Land Transport Act 1998 any Act or in any regulations made under that Act is to be treated as containing substantially the same particulars as the relevant infringement notice under that Act or those regulations
4: Section 21(3) and the full address at which the reminder notice was served
5: Section 21(3D) and the full address at which the reminder notice was served, service of the reminder notice,
6: Summary procedure for infringement offences
1: Section 21(1)(b) filing in a Court a copy of a reminder notice, or a notice of hearing providing particulars of a reminder notice in accordance with subsections (4) and (4A)
2: Section 21 subsection (3) section 5
3: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A)
a: a reminder notice has been served under subsection (2)
b: on the expiration of 28 days from the date of service of that notice,—
i: the infringement fee for the offence has not been paid to the informant at the address specified in the notice; and
ii: the informant has not received at that address a notice requesting a hearing in respect of the offence.
3: Section 21(3A)(a) filed in a Court a copy of a reminder notice under subsection (3) provided particulars of a reminder notice under subsection (3) subsections (4) and (4A)
4: Section 21 subsection (3D) section 5
3D: The informant may provide particulars of the reminder notice in accordance with subsections (4) and (4A)
a: a reminder notice has been served under subsection (3C)(b)
b: on the expiration of 28 days from the date of service of that notice, the infringement fee for the infringement offence has not been paid to the informant at the address specified in the notice.
5: Section 21 subsections (4) (5) (5A)
4: For the purposes of subsections (1), (3), and (3D) and subsections (4A) to (5A) particulars of a reminder notice
a: the contents of the reminder notice, or such parts of the reminder notice that are prescribed as the particulars for the purposes of this subsection; and
b: any particulars relating to the service of the infringement notice and reminder notice that may be prescribed; and
c: any other particulars that may be prescribed.
4A: The particulars described in subsection (4)
a: must be provided by the informant in electronic form in a manner and by means of an electronic system approved by the chief executive of the Ministry of Justice; and
b: once provided, must, for the purposes of any enactment or rule of law, be treated as information held in a Court in relation to its judicial functions.
4B: Particulars of a reminder notice provided under subsection (3) or subsection (3D) subsection (4A) subsection (4)(a) and (b)
4C: When particulars of a reminder notice provided under subsection (3) or subsection (3D) subsection (4B) subsection (4)(a) and (b)
5: If, following the verification under subsection (4B) subsection (3)
5A: If, following the verification under subsection (4B) subsection (3D)
5AB: An order under subsection (5) or subsection (5A) subsection (4C)
7: New section 21A inserted
The following section is inserted after section 21
21A: Evidence of particulars of reminder notice deemed to have been filed in Court by electronic means
In any proceedings, a computer printout of the particulars of a reminder notice deemed to have been filed in a Court under section 21(4C)
a: those particulars having been provided and verified in accordance with section 21
b: the reminder notice deemed to have been filed in a Court and the order deemed to have been made as a consequence.
8: Criminal Records
Section 71 subsection (1A)
1B: Subsection (1) section 21(3) or (3D)
9: New section 78B substituted
Section 78B
78B: Power to correct irregularities in proceedings for infringement offences
1: This section applies if a defendant is deemed to have been ordered, or is ordered, to pay a fine or costs or both under section 21
a: a District Court Judge or Registrar, on the application of the defendant, is satisfied, whether on the basis of a statutory declaration or evidence given before the Judge, that—
i: the defendant is not a person to whom the infringement notice was issued or on whom the notice is deemed to have been served; or
ii: the defendant did not in fact receive the reminder notice, or a copy of the notice of hearing, required to have been served on the defendant under section 21
iii: some other irregularity occurred in the procedures leading up to the order for the fine or costs, or both; or
iv: the defendant believed on reasonable grounds that he or she had requested a hearing under section 21
v: the defendant reasonably believed that he or she had been advised by the informant that action would not be taken under section 21(3)
vi: the defendant reasonably believed that he or she had been advised by the informant that further time for requesting a hearing would be allowed under section 21(6)(b) section 21(3)
vii: the defendant—
A: had, in writing, requested further relevant information from the informant in relation to the infringement offence; and
B: had made the request within a time that would reasonably enable the informant to respond before the earliest time at which the informant would be entitled to take action under section 21(3)
C: believed on reasonable grounds that the informant had not refused to provide the requested information and that action would not be taken under section 21(3)
D: was not provided with the information before action was taken under section 21(3)
b: the informant applies to a District Court Judge or Registrar to withdraw the reminder notice filed or deemed to have been filed under section 21
2: The Judge or, subject to subsections (3) and (4)
a: authorise the informant to serve a reminder notice on a person other than the defendant (being a person to whom the infringement notice was issued or on whom it was deemed to have been served):
b: authorise the informant to serve on the defendant another copy of the reminder notice or the notice of hearing and, for that purpose, require the defendant to specify an address at which personal service, service by post, or service by either method may be effected:
c: grant a hearing or rehearing of the matter, and proceed with the hearing or rehearing immediately or set it down for a later date:
d: set aside or modify the order:
e: make any other order as to costs or otherwise that the Judge or Registrar considers appropriate in the circumstances.
3: If a Registrar considering an application under subsection (1)(a) subparagraphs (i) or (iv) to (vii) of subsection (1)(a) subsection (2)(a) or (b)
4: A Registrar may not exercise the power conferred by subsection (2)(d)
5: If a Judge or Registrar exercises a power under subsection (2)(a), (b), or (c)
6: If a defendant granted a hearing or rehearing under this section does not appear, the Court may, if it thinks fit, without hearing or rehearing the matter, direct that the original order be restored.
10: Further notice of fine
1: The heading to section 85 Further Final
2: Section 85(1) further final
11: New section 86B inserted
The following section is inserted after section 86A
86B: Registrar may vary, suspend, or cancel arrangement for extension of time to pay fine or attachment order
1: A Registrar may vary, suspend, or cancel an arrangement extending the time to pay a fine, or an attachment order, if the Registrar has reason to believe that—
a: the defendant has, for the purpose of entering into the arrangement, or in connection with the making of the attachment order, supplied false or misleading information about the defendant's financial position; or
b: the defendant's financial position has changed significantly since the date on which—
i: the arrangement was entered into; or
ii: the attachment order was made.
2: A Registrar may vary, suspend, or cancel an arrangement extending the time to pay a fine if another fine that is not subject to the arrangement is imposed on the defendant and—
a: the defendant agrees in writing to the variation, suspension, or cancellation proposed by the Registrar; or
b: the defendant defaults in the payment of the subsequent fine, and—
i: the Registrar is unable to contact the defendant; or
ii: the Registrar contacts the defendant but is unable to reach any agreement with the defendant as to how the subsequent fine is to be paid.
3: A Registrar may vary, suspend, or cancel an attachment order, if another fine that is not subject to the attachment order is imposed on the defendant and the defendant defaults in the payment of the subsequent fine, and—
a: the Registrar is unable to contact the defendant; or
b: the Registrar contacts the defendant, but is unable to reach any agreement with the defendant as to how the subsequent fine is to be paid.
4: Before exercising the power in subsection (1) subsection (1)(b)
5: If subsection (1), (2)(b)(ii), or (3)(b)
a: serve on the defendant a written notice—
i: setting out the action that the Registrar proposes to take and the reasons for the action; and
ii: indicating that the defendant may make a written submission to the Registrar as to why the Registrar should not take the proposed action and that this submission must be received by the Registrar within 10 working days after the date of the notice; and
b: consider any written submissions received from the defendant within the 10-working day period referred to in paragraph (a)(ii)
6: A notice under subsection (5)
a: it is delivered to the defendant; or
b: it is sent to the defendant by ordinary post to the defendant's last known place of residence or business.
7: The variation, suspension, or cancellation of an arrangement extending the time to pay takes effect,—
a: where subsections (1) or (2)(b)(ii)
i: if no written submissions are received by the Registrar within the 10-working day period referred to in subsection (5)(b)
ii: if written submissions are received by the Registrar within the 10-working day period referred to in subsection (5)(b)
b: where subsection (2)(a)
c: where subsection (2)(b)(i)
8: If the Registrar suspends or cancels an attachment order in accordance with this section,—
a: the Registrar must serve a notice of the suspension or cancellation on the employer to whom it relates; and the provisions relating to service in subsections (1) and (2) of section 104
b: the suspension or cancellation takes effect when the notice is served on the employer in accordance with this subsection.
9: If the Registrar varies an attachment order under this section, the Registrar must issue a new attachment order under section 87
10: In this section and sections 87 and 87AA arrangement extending the time to pay a fine
a: provides for either or both of the following:
i: allowing a defendant a greater time to pay a fine:
ii: allowing a defendant to pay a fine by instalments; and
b: is entered into by—
i: a Registrar under section 86
ii: a bailiff under section 86A
12: New section 87 substituted
Section 87
87: Action where fine not paid or where arrangement or attachment order cancelled
1: If the defendant defaults in the payment of any fine or a Registrar cancels an arrangement extending the time to pay a fine, or an attachment order, in accordance with section 86B
a: issue a warrant to seize property; or
b: make an attachment order attaching any salary or wages payable or to become payable to the defendant; or
c: issue a deduction notice requiring a bank to deduct the amount due from a sum payable or to become payable to the defendant.
2: Enforcement procedures commenced under this section must cease on payment of the unpaid amount of the fine.
3: The powers conferred by this section may not be exercised by a Registrar who is a constable.
13: Power to obtain information in respect of beneficiaries
1: Section 87AA(1)(a) subparagraph (i)
ia: considering whether to vary, suspend, or cancel an arrangement extending the time to pay a fine or an attachment order under section 86B .
2: Section 87AA(2)
e: the residential address and residential telephone number of the defendant:
f: the type of any benefit that is paid to the defendant:
g: the unique number assigned to any benefit that is paid to the defendant.
3: Section 87AA subsection (3)
3A: If the defendant has died and the chief executive is aware of that fact, the chief executive must advise the Registrar accordingly on receipt of a notice under subsection (1)
14: Publication of name of fines defaulter
Section 87A(2) a newspaper circulating in the area where the Court is located any newspaper
15: Deduction of fines
1: Section 87B(2) paragraph (b)
b: the time or times by which the bank must pay the amounts deducted; and
ba: that the amounts deducted must be paid to a person, or into a trust account, in accordance with section 208 .
2: Section 87B subsection (2)
2A: The deduction notice issued by the Registrar must specify that if on any occasion the amount of a deduction required to be made is greater than the amount that is payable or becomes payable to the defendant, the amount to be deducted on that occasion is the amount that is payable or becomes payable to the defendant.
16: Revocation of deduction notices
Section 87C subsections (3) (4)
17: Action where fine remains unpaid
1: Section 88 subsections (1) to (2)
1: This section applies if—
a: the Registrar has taken enforcement action under section 87
b: the Registrar is satisfied that the defendant does not have the means to pay the fine; or
c: the Registrar is satisfied that—
i: reasonable steps have been taken to locate the defendant but the defendant has not been located and therefore enforcement action would be unlikely to be effective; or
ii: for any other reason enforcement action would be unlikely to be effective.
2: The Registrar may—
a: order that the defendant be brought before the Registrar; or
b: refer the matter to a District Court Judge or Community Magistrate with a report on the circumstances of the case.
2A: If the Registrar refers a matter to a District Court Judge or a Community Magistrate, the Registrar may order that the defendant be brought before the Judge or Community Magistrate.
2B: For the purposes of subsection (2)(a) or subsection (2A)
2C: Without limiting any other provision of this Act, a warrant for the defendant's arrest under subsection (2B)
a: information about a defendant that is so entered by the Registrar may be printed out by a sworn member of the police or a bailiff, and for all purposes constitutes a warrant for the arrest of the defendant:
b: the absence of any signature on the printout does not affect its validity as a warrant:
c: the warrant is valid for a period of 7 days beginning on the date of its printing, and the warrant then lapses:
d: at any time and from time to time after a warrant lapses under paragraph (c)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the police or a bailiff:
ii: a sworn member of the police or a bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and every such printout constitutes a fresh warrant for the arrest of the defendant.
2D: A warrant issued under this section may be executed by a sworn member of the police or by a bailiff.
2E: If a defendant is arrested under a warrant issued for the purpose of subsection (2)(a)
a: the defendant must be brought before the Registrar:
b: the defendant is bailable as of right:
c: section 46 of this Act Part 3 of the Bail Act 2000
d: for the purpose of any bail application by the defendant, if the defendant cannot practicably be brought immediately before the Registrar, a District Court Judge or a Community Magistrate, any member of the police or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 section 21(1) of the Bail Act 2000
2F: If a defendant is arrested under a warrant issued for the purpose of subsection (2A)
a: the defendant must be brought before a District Court Judge or a Community Magistrate or, if neither a District Court Judge nor a Community Magistrate is available, the Registrar:
b: where the defendant is brought before the Registrar, the Registrar must appoint a time and place for the defendant to appear before a District Court Judge or a Community Magistrate:
c: the defendant is bailable as of right:
d: section 46 of this Act Part 3 of the Bail Act 2000
e: if the defendant cannot practicably be brought immediately before a District Court Judge or a Community Magistrate or the Registrar, any member of the police or a bailiff may take the bail bond of the defendant and Parts 1 to 3 of the Bail Act 2000 section 21(1) of the Bail Act 2000
2G: If a defendant is brought before a Registrar under subsection (2)(a)
a: invoke one or more of the enforcement actions in section 87
b: enter into an arrangement with the defendant under section 86
c: if the Registrar is satisfied that neither of the actions described in paragraphs (a) or (b) subsections (2A) to (2D) and subsection (2F)
2: Section 88(3)(c) 56 to 77 55 to 80
3: Section 88(3) paragraph (fa)
fa: if the amount that the defendant owes in respect of 1 unpaid fine, or in total in respect of more than 1 unpaid fine, is $5,000 or more, refer the matter to the Registrar with a direction that action be taken under section 96A of the District Courts Act 1947 .
4: Section 88(3)(fb) or Community Magistrate Judge
18: Remission of fine
Section 88B
2: The Registrar may make an order remitting any fine imposed by, or resulting from the enforcement of, an order deemed to have been made, or made, under section 21(5), (5A), or (9)
19: Defendant on substituted sentence to be discharged on payment of fine
Section 91 subsection (4)
20: Warrant to seize property
1: Section 93
3: Without limiting any other provision of this Act, a warrant to seize property referred to in subsection (1)
a: information about a defendant that is so entered by the Registrar may be printed out by a sworn member of the police or a bailiff, and for all purposes constitutes a warrant to seize property:
b: the absence of any signature on the printout does not affect its validity as a warrant:
c: the warrant is valid for a period of 28 days beginning on the date of its printing, and the warrant then lapses:
d: at any time and from time to time after a warrant lapses under paragraph (c)
i: the Registrar may re-enter the particulars into the same computer system or enter the particulars into any other computer system available to the police or a bailiff:
ii: a sworn member of the police or a bailiff may obtain a further printout of the original information entered by the Registrar or obtain a printout of the re-entered information or of the information entered into the other computer system, and every such printout constitutes a fresh warrant to seize property.
2: Section 39(3) Police Act 1958 section 88(1A) section 88 or section 93
21: Seizure and delivery of property
Section 94(5) who shall retain the property or to any person or place specified for the purpose by the Registrar, and the Registrar must ensure that the property is retained
22: Power to obtain information in respect of employers
1: Section 104A subsection (1)
1: This section applies if—
a: an attachment order is being made in respect of a defendant, or the Registrar is considering whether to vary, suspend, or cancel an attachment order made in respect of a defendant; and
b: the name, address, and telephone number of the employer of the defendant, or any of those details, are unknown or require clarification.
1A: If this section applies, a Registrar may, by notice in writing, require the Commissioner of Inland Revenue to provide the Registrar with all or any of the following details:
a: the name of the employer of the defendant:
b: the address of the employer of the defendant:
c: the telephone number of the employer of the defendant.
2: Section 104A(2) subsection (1) subsection (1A)
3: Section 104A
3: If the defendant has died and the Commissioner of Inland Revenue is aware of that fact, the Commissioner of Inland Revenue must advise the Registrar accordingly on receipt of a notice under subsection (1A)
23: Liability of employer
Section 106(1)(b) the Registrar specified in the attachment order a person, or into a trust account, in accordance with section 208
24: Wrongful treatment of employee
1: Section 106A subsection (1)
1: Every employer commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who dismisses any employee or alters any employee's position in the employer's business or undertaking to the employee's prejudice by reason of—
a: the employee having been ordered to pay 1 or more fines; or
b: an attachment order having been served on the employer; or
c: the employer becoming aware that an attachment order is being or has been made in respect of the employee.
2: Section 106A(2)
a: omitting within 6 months after the serving on the employer of an attachment order in respect of any employee within the period referred to in subsection (3)
b: by omitting order having been served on the employer circumstances referred to in subsection (1)(a) or (b) or (c)
3: Section 106A
3: The period is 6 months after, as the case may be,—
a: the employer becomes aware that the employee has been ordered to pay 1 or more fines; or
b: the employer is served with an attachment order in respect of the employee; or
c: the employer becomes aware that an attachment order is being made or has been made in respect of the employee.
4: Nothing in this section affects the employer's right to take disciplinary action against the employee for breaching a condition of the employee's employment that relates to—
a: the commission of an offence; or
b: the failure to pay any fine in full before enforcement action is due.
25: Restriction on imprisonment
Section 106E(4) 88(2) 88(2F)
26: Provisions as to issue of warrants pending appeal
Section 124(5) warrant of distress warrant to seize
27: No action against Justice unless act in excess of jurisdiction or without jurisdiction
Section 193(2) warrant of distress or warrant to seize or warrant
28: Acts not generally to be done on Sunday
1: Section 203(2)
l: a Registrar or bailiff or constable may exercise any power, duty, or function conferred on him or her under Part 3 Part 3
m: any fine or any other money payable on any conviction or order made by a Court may be paid, or may be accepted by any person authorised to accept that payment:
n: any act necessary to give effect to a direction under section 88(3)(fa)
o: any other act specified in regulations made under this Act as an act that can be done on Sunday.
2: Section 203(2) subsection (1)
na: an informant may provide particulars of a reminder notice under section 21 .
3: Section 203 subsection (3)
3: No act done on a Sunday in breach of the provisions of subsection (1)
29: New section 208 substituted
Section 208
208: Payment of money to department
1: This section applies to—
a: all Court fees, fines, reparation, costs, and other money payable on an information or complaint or on any conviction or order made by a Court; and
b: any sum levied by or paid to any member of the police or a bailiff under any warrant.
2: A sum referred to in subsection (1)
a: to any Registrar; or
b: to any person nominated by the chief executive of the department for the time being responsible for the administration of this Act as a person who may receive payments under this section; or
c: into any trust account administered for the purpose by the department for the time being responsible for the administration of this Act.
3: Any sum received under this section by any Registrar or person nominated under subsection (2)(b)
a: to any person who is entitled to it under any enactment or by any order of the Court made under an enactment; or
b: into another Departmental Bank Account or a Crown Bank Account, in accordance with the Public Finance Act 1989
30: Rules and regulations
1: Section 212(2)(b) or any processes any proceedings
2: Section 212(2) paragraph (d)
da: prescribing requirements or other matters in relation to the provision of particulars of reminder notices in electronic form under section 21
db: regulating the searching of records of 1 or more of the following:
i: particulars of reminder notices provided under section 21
ii: the results of any verification processes undertaken under section 21
iii: reminder notices deemed to have been filed and orders deemed to have been made under section 21
iv: notices of hearings filed under section 21
v: applications filed under section 78B
vi: any related matter: . Amendments to other Acts
31: Amendment to
Biosecurity Act 1993 Section 159A Biosecurity Act 1993 subsections (6) to (8)
6: The Ministry may provide particulars of an infringement notice in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957
a: the infringement fee for the offence has not by then been paid to the Ministry at the address specified in the notice (or immediately under subsection (5)
b: the Ministry has not by then received at that address a notice requesting a hearing in respect of that offence.
7: If an infringement notice has been issued and served under this section, the Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (6) of this section
b: subsection (6) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (6) of this section
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)(a) to parts
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5) section 21(3) subsection (6) of this section
i: the reference in section 21(6)(b) section 21(10)(a)
j: each reference in section 21A and section 78B section 21A and section 78B
k: the references to reminder notices in the definition of defendant section 2(1) section 212
32: Amendments to
Civil Aviation Act 1990
1: Section 65D(3) Civil Aviation Act 1990 paragraph (a)
a: a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1) .
2: Section 65S Civil Aviation Act 1990 subsections (1) to (3)
1: The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P section 21(4) and (4A) of the Summary Proceedings Act 1957
a: the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and
b: the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.
2: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (1) of this section
b: subsection (1) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (1) of this section
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)(a) to parts
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5) section 21(3) subsection (1) of this section
i: the reference in section 21(6)(b) section 21(10)(a)
j: each reference in section 21A and section 78B section 21A and section 78B
k: the references to reminder notices in the definition of defendant section 2 section 212
33: Amendment to
Fisheries Act 1996 Section 255A(1) Fisheries Act 1996 paragraph (b)
b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a Court under section 21 of the Summary Proceedings Act 1957 .
34: Amendment to
Gambling Act 2003 The Gambling Act 2003 section 358
358: Reminder notices
1: A form of reminder notice may be prescribed by regulations made under this Act.
2: Different forms of reminder notices may be prescribed for different kinds of infringement offences.
3: If a form of reminder notice is prescribed under this Act, it must contain the information set out in section 357(4)
35: Amendment to
Land Transport Act 1998 Section 140(1) Land Transport Act 1998 may be in a form prescribed by regulations made under this Act or by regulations made under the Summary Proceedings Act 1957 must be in the form prescribed by regulations made under this Act, and
36: Amendments to
Resource Management Act 1991
1: Section 343C Resource Management Act 1991 subsection (4)
4: If an infringement notice has been issued under this section,—
a: a reminder notice must be in the form prescribed under this Act; and
b: proceedings in respect of the offence to which the infringement notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957
2: Section 360(1) Resource Management Act 1991 paragraph (bb)
bc: prescribing forms of reminder notices to be used in respect of infringement offences against this Act. .
37: Amendments to
Social Security Act 1964
1: Section 126A(1) Social Security Act 1964 paragraph (a) fine , or an amount of reparation as defined in section 145D of the Sentencing Act 2002
2: Section 126A(1) Social Security Act 1964 paragraph (a) fine
ab: a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 .
38: Amendment to
Transport Act 1962 Section 43A(2) Transport Act 1962 or the provision of particulars of a reminder notice under section 21 of that Act filing of a copy of a reminder notice under section 21(5) of the Summary Proceedings Act 1957 Transitional and savings provisions
39: Transitional provision relating to filing of reminder notices
1: Until the expiry of a period of 6 months after the date that section 6 Gazette
a: an informant who wishes to take action under section 21(3) (3D)
i: provide particulars of the reminder notice in accordance with section 21 section 6
ii: file a copy of the reminder notice in accordance with section 21 section 5 section 6
b: an informant who, before the commencement of sections 31 32 section 159A Biosecurity Act 1993 section 65S Civil Aviation Act 1990 section 21
i: provide particulars of the infringement notice in accordance with section 21 section 6 section 65S Civil Aviation Act 1990 section 159A Biosecurity Act 1993 sections 31 32
ii: file a copy of the infringement notice in accordance with section 21 section 5 section 6 section 65S Civil Aviation Act 1990 section 159A Biosecurity Act 1993 sections 31 32
2: If for any reason 1 or more informants are unable to provide particulars of a reminder notice in accordance with section 21 section 6 Gazette
a: must take action under section 21(3) (3D) subsection (1)(a)(ii) (b)(ii)
b: must not take action under section 21(3) (3D) subsection (1)(a)(i) (b)(i)
3: Subsection (1) subsection (2)
40: Transitional provision relating to warrants to arrest executed under section 88 of principal Act
If, on or after the date on which section 17 section 88 section 88 section 17 section 88(2)(a)
41: Transitional provision relating to seizure warrants in form of computer printout
1: Nothing in section 93(3) section 20 section 20
2: Nothing in subsection (1) section 20
3: A warrant to seize property referred to in section 93(1) section 93(3) section 20