Page 339 - Week 02 - Tuesday, 12 May 1992

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MINISTER FOR URBAN SERVICES

LEGISLATIVE ASSEMBLY QUESTION

Question No 37

Unpaid Traffic Fines

Mr Cornwell - asked the Attorney-General:

(1) Does legislation exist to increase the penalties for traffic fines unpaid after a certain period, apart from suspension of licence.

(2) If so, what is this period and what is the increased penalty.

(3) If so, how much in such increased penalties has been collected in:

(a) 1990; and

(b) 1991 .

(4) If no legislation exists to increase penalties for unpaid traffic fines, apart from licence suspension, why not.

Mr Connolly - The answer to the members question is as follows:

(1) No. Penalties for Traffic Infringements are prescribed in Regulation 32 of the Motor Traffic Regulations. Penalties are independent of the time of payment.

(2) Not applicable.

(3) Not applicable.

(4) The Motor Traffic (Amendment) Act (No 3) 1991 amended the Motor Traffic Act 1936 by imposing an administrative charge of $25 on Traffic Infringement penalties that remain unpaid after 30 days.

The administrative charge is intended to offset the cost of administrative follow-up action necessary to recover unpaid fines and to encourage infringers to pay promptly. However, actual penalties for Traffic Infringements do not themselves increase by this legislation.

An important element of the policy to which the amending Act gives effect is that cancellation of a drivers licence or, in an appropriate case, the vehicle registration, is the ultimate sanction for non-payment of the penalty and the administrative charge.

On the basis of experience with the Parking Infringement fine default scheme, this is expected to be an effective enforcement policy. A commencement date for the relevant provisions is yet to be fixed by Ministerial notice in the ACT Gazette.

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