Penalty Infringement Notices
Council has a variety of mechanisms available within its ‘enforcement toolkit’. Determination of the most appropriate tool to deploy will vary from case to case. Factors to consider in that assessment include the seriousness of offending, historical noncompliance, council resources and cost and desired outcome (rectification, deterrence, etc.). Issuing a Penalty Infringement Notice (PIN) is a commonly used option by local governments and enforcing authorities.
What are PINs?
A PIN is a statutory notice which imposes a monetary fine for the commitment of an offence. Local governments, and other enforcement authorities, have the power to issue PINs pursuant to the State Penalties Enforcement Act 1999 (Qld) (SPER Act) and the State Penalties Enforcement Regulation 2014 (Qld) (SPER Regulation).
PINs provide an alternative enforcement mechanism to pursuing prosecution through the court system. Consequently, PINs are an attractive option where the offence is relatively straight forward and supported by clear evidence. In issuing a PIN, an authority avoids the costs and complexity of court proceedings, which require strict rules of evidence. If the fine is paid, the matter is resolved, and further prosecution cannot occur for the same offence on the same facts. However, if the alleged offender wishes to challenge the offence, or put an authority ‘to proof’ on the offence’s committal, an offender can elect to have the matter heard in the Magistrates Court. If that election is made, the decision lies with the enforcing authority as to whether a proceeding is commenced by way of Complaint and Summons under the Justices Act 1886 (Qld).
When can a PIN be issued?
A PIN can be issued by an ‘authorised person’ who has reasonable belief that a person has committed an ‘infringement notice offence’.1 Who constitutes an ‘authorised person’ will depend on the offence alleged. Generally, authorised persons will be employees of the local government appointed by the local government’s chief executive officer.2 An ‘infringement notice offence’ includes a wide range of offences under the local government acts and local laws. Schedule 1 of the SPER Regulation identifies the infringement notice offences and the individuals authorised to serve a corresponding infringement notice for such offences.
What is required to issue PINs?
A PIN must be in the form approved by the administering authority and include specific details. These include the alleged offender’s identifying information, a clear description of the offence (which could include the legislative offence provision and the nature, time and place of the offence), the fine amount and payment instructions.3 A recipient of a PIN has 28 days to pay the fine or contest the offence in court. If the fine meets a specific threshold, the offender may request instalment payments. The notice must also indicate that it can be withdrawn by the issuer at any time before payment and warn that non-payment may lead to enforcement action, including involvement by SPER and additional fees. Local governments should note that the penalty is capped under the SPER Regulation and is typically much lower than the maximum penalty for the offence.
Benefits
- Relatively simple, fast and cost effective;
- Alternative to Court proceedings and associated burdensome evidentiary requirements; and
- Achieves specific and general deterrence.
Limitations
- Inability to require rectification works or other action to compel compliance;
- Accused can challenge the PIN by seeking the matter be determined by a Magistrates Court,; and
- Fine amount limited by legislation, collected by SPER may not ultimately be seen by the enforcing authority.
Key Takeaways
Councils have a range of enforcement options, with PINs being an effective choice for straightforward offences. PINs allow councils to impose fines without court proceedings, offering a more efficient resolution. Once a fine is paid, the matter is resolved, but if contested, it can be taken to court. PINs must be issued by authorised personnel and include essential details such as the offence, fine, and payment instructions. The penalty is capped and generally lower than a court-imposed fine, making it a practical enforcement tool.
1 Section 13(1) SPER Act.
2 Section 202 Local Government Act 2009 (Qld).
3 Section 15 SPER Act.
View The Local Law publication here.