Queensland Consolidated Acts Queensland Consolidated Actsaccount, for a financial institution, includes a withdrawable share account.
address, of a person, means the full address of the place where the person lives or works.
administering authority, for an infringement notice or infringement notice offence, means the entity prescribed under a regulation as the administering authority for the notice or offence.
administration charge, for a regular redirection from a financial institution account, means an amount prescribed by regulation or, if no amount is prescribed, $3.
alleged offender, for an infringement notice, means the person on whom the notice is served.
appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
appropriately qualified public service officer means a public service officer who has the training and experience to perform an enforcement function under this Act.
approved form means a form approved under section 162 or 163.
arrest and imprisonment warrant see section 119.
authorised corrective services officer means an authorised corrective services officer under the Penalties and Sentences Act 1992.
authorised person means—
(a) for an infringement notice—a person who, under a regulation, may serve the infringement notice; or
(b) for a withdrawal from acting under this Act—a person who, under a regulation, may effect the withdrawal.
civil enforcement fee means the fee prescribed under a regulation for part 5.
commercial agent means a commercial agent or commercial subagent under the Property Agents and Motor Dealers Act 2000.
community service has the meaning given by the Corrective Services Act 2006, schedule 4.
community service order has the meaning given by the Penalties and Sentences Act 1992, section 4.
compliance period, for a fine option order, see section 122.
conviction, for part 8, see section 131.
corrective services office means an office of the department within which the Corrective Services Act 2006 is administered.
court registrar means—
(a) for the Supreme Court or District Court—the registrar of the relevant court; or
(b) for a Magistrates Court—the clerk of the relevant court.
criminal history of a person means the person's criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986.
customer reference number means a unique number used by the department within which the Transport Operations (Road Use Management) Act 1995 is administered to identify a person on whom an infringement notice for an infringement notice offence involving a vehicle has been served.
cut-out rate, for a fine or unpaid amount, means—
(a) for a court order under which an offender is required to serve a term of imprisonment for failing to pay a penalty or a forfeited recognisance under the Penalties and Sentences Act 1992—the rate worked out by dividing the penalty or the amount of the recognisance by the number of days of imprisonment ordered, expressed in dollars for each day; or
(b) for a court order under which an offender is not required to serve a term of imprisonment for failing to pay a penalty under the Penalties and Sentences Act 1992—the amount prescribed under a regulation for this paragraph or, if no amount is prescribed, $75; or
(c) for a court order under which a surety is required to serve a term of imprisonment for failing to pay an amount under the Bail Act 1980 or the Penalties and Sentences Act 1992—the rate worked out by dividing the amount by the number of days of imprisonment ordered, expressed in dollars for each day; or
(d) for a court order under which a surety is not required to serve a term of imprisonment for failing to pay an amount under the Bail Act 1980 or the Penalties and Sentences Act 1992—the amount prescribed under a regulation for this paragraph or, if no amount is prescribed, $75; or
(e) for a fine option order—the amount for each hour prescribed under a regulation for this part or, if no amount is prescribed, $15 for each hour; or
(f) for an infringement notice offence—the amount prescribed under a regulation for this paragraph or, if no amount is prescribed, $60.
deducted amount see section 87.
default certificate see section 33.
driver licence has the meaning given by the Transport Operations (Road Use Management) Act 1995, schedule 4.
earnings, of an enforcement debtor, means wages, salary, fees, bonuses, commission, overtime pay or other compensation for services or profit arising from office or employment, a pension, benefit or similar payment, an annuity or an amount payable instead of leave or retirement benefit owing or accruing to the enforcement debtor.
employer, of an enforcement debtor, means a person (including the State) who, as principal, rather than as a servant or agent, pays, or is likely to pay, earnings to the enforcement debtor.
enforcement debtor see section 38.
enforcement officer means—
(a) an appropriately qualified public service officer; or
(b) the sheriff, deputy sheriff and the bailiff of a court; or
(c) a commercial agent engaged under section 10(3)(a).
enforcement order see section 38.
enforcement warrant see section 63.
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the management of the corporation.
fine—
(a) generally, includes—
(i) an amount stated in an infringement notice as the fine for a stated infringement notice offence and, for a particular infringement notice, the fine stated in the infringement notice; and
(ii) for an offence for which a fine is imposed by a court—any amount payable under an ancillary order of the court; and
(b) for part 8—see section 131.
Examples of ancillary orders—
1 professional fees, witnesses' expenses and interpreters' allowances
2 royalties or another similar amount, including conservation value payable under the Nature Conservation Act 1992
fine collection notice see section 75.
fine option order means an order converting the unpaid amount of a fine under an enforcement order to hours of unpaid community service.
fine option order breach notice see section 139.
good behaviour order see section 118(3).
government body means—
(a) the State, another State, the Commonwealth or a local government; or
(b) a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a State government purpose; or
(c) a part of an entity mentioned in paragraph (b).
illegal user declaration, for an offence involving a vehicle, means a statutory declaration stating facts establishing the vehicle was stolen or illegally taken at the relevant time.
immobilisation notice see section 108N.
immobilisation period see section 108O.
immobilisation search warrant see section 108L.
immobilisation warrant see section 108D.
immobilising device, for a vehicle, means—
(a) wheel clamps; or
(b) another device that effectively detains the vehicle.
infringement notice means a notice under section 15.
infringement notice fine, for an infringement notice offence, means the amount prescribed under a regulation to be the fine payable for the offence under an infringement notice.
infringement notice offence means an offence, other than an indictable offence or an offence against the person, prescribed under a regulation to be an offence to which this Act applies.
instalment, of a fine under an infringement notice, means the amount payable as an instalment of the fine.
instalment payment notice see section 136.
interest in a managed investment scheme has the meaning given by the Corporations Act, section 9.
interfere with includes the following—
(a) remove;
(b) damage;
(c) destroy;
(d) deface.
known user declaration, for an offence involving a vehicle, means a statutory declaration stating—
(a) if the owner is—
(i) an individual—the owner was not in charge of the vehicle at the relevant time; or
(ii) a corporation—the vehicle was not being used for the corporation at the relevant time; and
(b) the name and address of the person who was in charge of the vehicle at the relevant time.
late payment penalty—
(a) for a deducted amount—see section 87; or
(b) for an undeducted amount—see section 88.
minimum instalment means the amount prescribed under a regulation as the minimum amount a person who may pay an amount by instalments must pay.
motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.
offence, for a particular infringement notice, means the offence stated in the notice.
offence involving a vehicle means an offence in which an offender and a vehicle are involved, regardless of the extent to which the vehicle is actually involved in the offence.
offender, other than for part 3, includes alleged offender.
officer, of a corporation, includes a former officer of the corporation.
owner, of a vehicle, includes the person in whose name the vehicle is registered under a registration Act.
partner includes a former partner.
premises includes any structure, building, aircraft, vehicle, vessel or place, whether built on or not.
prescribed particulars, for part 4, means particulars prescribed under a regulation.
protected earnings amount, for a period for which earnings are paid, means the amount worked out by applying the protected earnings rate to the period for which the earnings are paid.
protected earnings rate has the meaning given by the Child Support (Registration and Collection) Act 1988 (Cwlth), section 4.
public service officer see the Public Service Act 2008, schedule 4.
quad bike means a 4-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle.
Queensland fine, for part 8, see section 131.
reciprocating court, for part 8, see section 131.
registered operator, of a vehicle—
(a) means the registered operator of the vehicle under the Transport Operations (Road Use Management) Act 1995 (transport registered operator); and
(b) if there is not, but has been, a transport registered operator of the vehicle—includes the last transport registered operator of the vehicle.
registrar means the person employed under section 10 to be registrar.
registration Act means—
(a) the Transport Operations (Road Use Management) Act 1995 or another Act prescribed under a regulation that deals with the registration of vehicles; or
(b) a law of the Commonwealth or another State that deals generally with the same subject matter as an Act mentioned in paragraph (a).
registration fee means the fee prescribed under a regulation for registering an unpaid amount under this Act.
relevant officer, for part 8, see section 131.
relevant person, for part 7, see section 122.
relevant time, for an offence involving a vehicle, means the time and date specified in the infringement notice as the time and date of the offence.
responsible operator, of a vehicle, means a person nominated as a responsible operator for the vehicle under the Transport Operations (Road Use Management) Act 1995, section 170.
search warrant see section 71.
securities includes—
(a) annuities; and
(b) debentures; and
(c) stocks; and
(d) bonds; and
(e) shares; and
(f) marketable securities; and
(g) units of—
(i) shares; or
(ii) marketable securities; or
(iii) interests prescribed under a regulation.
SMS means short messaging service.
sold vehicle declaration, for an offence involving a vehicle, means a statutory declaration stating facts establishing the owner had sold or otherwise disposed of the vehicle before the relevant time and was not in charge of the vehicle at that time, including—
(a) the name and address of the person to whom the vehicle was sold or disposed of; and
(b) the date and, if relevant, time of the sale or disposal; and
(c) if an agent made the sale or disposal for the owner, the name and address of the agent.
SPER means the registry established under part 2.
suspend, a driver licence, includes suspend a person's eligibility to apply for or obtain a driver licence.
third person means a person, including the State, from whom a debt—
(a) is payable to an enforcement debtor; or
(b) is likely to become payable to an enforcement debtor.
threshold amount, for an infringement notice fine, means the amount, prescribed under a regulation, at or above which a person may apply to an administering authority for approval to pay the fine by instalments.
undeducted amount see section 88.
unknown user declaration, for an offence involving a vehicle, means a statutory declaration stating—
(a) if the owner is—
(i) an individual—the owner was not in charge of the vehicle at the relevant time; or
(ii) a corporation—the vehicle was not being used for the corporation at the relevant time; and
(b) the person making the declaration has not been able to find out who was in charge of the vehicle at the relevant time; and
(c) the nature of the inquiries made to find out the name and address of the person in charge of the vehicle at the relevant time.
vehicle includes a boat.
vehicle insurance policy see section 108(4).
wheelchair see the Transport Operations (Road Use Management) Act 1995, schedule 4.
wheeled recreational device see the Transport Operations (Road Use Management) Act 1995, schedule 4.