Monetary Penalties Enforcement Amendment Bill 2020 - Have your say

The Government intends to introduce legislation proposing a number of amendments to the Monetary Penalties Enforcement Act 2005 to assist with administration and enforcement of monetary penalties in Tasmania.

The draft Monetary Penalties Enforcement Amendment Bill 2020:

  • Provides the Director, Monetary Penalties Enforcement Services with a power to obtain information to assist with the decisions made under the Act;
  • Clarifies powers and provides improved administration and safeguard provisions in respect of the current power to order the redirection of money owing to a debtor by:
    • Ensuring the enforcement debtor is provided with a copy of any redirection order which relates to their debt;
    • Ensuring appropriate safeguards in respect of exercising the power apply to all redirection orders, not just orders in relation to redirection of earnings;
    • In accordance with the intention of section 98, and prior practice, clarifying the power to redirect debts includes money held by an enforcement debtor in an authorised deposit-taking institution such as a bank.
    • Allowing a party on whom a redirection order is served to request an internal review of the decision;
    • Requiring an enforcement debtor and employer on whom a redirection order is served to inform the Director, Monetary Penalties Enforcement Services of any significant changes to their employment that may affect the redirection order;
  • Provides for the collection of Tasmanian monetary penalties from persons connected to another jurisdiction, and to collect fines for other participating jurisdictions;
  • Allows for the electronic service of documents; and
  • Provides that the deduction of an amount owed by an enforcement debtor from an award of compensation under the Victims of Crime Assistance Act 1976 is discretionary, rather than the current compulsory requirement, for consistency with the Victims of Crime Assistance Act 1976.

Download the draft Bill: Monetary Penalties Enforcement Amendment Bill 2020 (PDF, 575.2 KB)

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on the Department of Justice website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.