QUEENSLAND TREASURY
SPER fine collection notices
Bank guide for redirection of a debt or regular deposit
April 2016
SPER fine collection notices
© The State of Queensland (Queensland Treasury) 2016
This publication contains information for the operation of the State Penalties Enforcement
Registry (SPER) system. It has been produced and distributed by SPER as an
information source for employers within the meaning of the State Penalties Enforcement
Act 1999.
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Contents
1.0
Introduction .............................................................................................. 2
2.0
What is a fine collection notice? ............................................................. 3
2.1
Fine collection notice for the redirection of a debt......................................................................................... 3
2.2
Fine collection notice for the regular redirection from a financial institution account .................................... 3
3.0
Your role and responsibilities ................................................................. 4
4.0
What is the protected amount? ............................................................... 4
5.0
Where and how do I make payments to SPER? ..................................... 4
6.0
Frequently asked questions .................................................................... 4
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1.0
Introduction
SPER is responsible for the collection and enforcement of unpaid fines/orders in Queensland. SPER started
operating on 27 November 2000 under the State Penalties Enforcement Act 1999 and the State Penalties
Enforcement Regulation 2014.
Once an outstanding fine/order (debt) is registered with SPER, an enforcement order is immediately issued to the
debtor at the address supplied by the agency that issued the fine/order. This enforcement order allows the debtor
time to pay (minimum 28 days) or to choose from the available options, including:
•
pay in full
•
apply to pay by instalments
•
apply for a fine option order (to do unpaid community service)
•
elect to have the matter heard by a court (if not previously heard) for an infringement notice fine or to apply for
a rehearing/reopening for a court-ordered fine.
Should the debtor take no action within the time provided, a reminder notice is sent advising that further
enforcement action will be taken to recover the outstanding debt. These enforcement actions may result in an
additional fee being added to the debt to cover the enforcement costs. The enforcement actions may include:
•
suspending the debtor’s driver licence
•
ordering the debtor’s bank to transfer money from their bank account
•
ordering the debtor’s employer to deduct money from their wages
•
registering an interest in the debtor’s property (land or motor vehicle)
•
immobilising the debtor’s vehicle
•
seizing and selling the debtor’s property
•
issuing a warrant to the Queensland Police for the arrest and imprisonment of the debtor.
As a third party, if you are reading this information guide, you would have received a fine collection notice from
SPER, compelling you to deduct a certain amount from monies you are holding on behalf of the debtor. This guide
is intended to provide you with information to assist you in fulfilling your obligations under this fine collection notice.
The guide is not intended to provide comprehensive legal advice. While SPER staff will be able to assist you with
queries regarding SPER enforcement procedures, legal advice should only be obtained from a qualified legal
practitioner.
In accordance with the Right to Information Act 2009 and the State Penalties Enforcement Act 1999, a debtor’s
details registered with SPER are confidential and will not be made available to anyone except the debtor, his/her
nominated representative, or where required by law. Accordingly, you are required to ensure that any personal or
financial information about the debtor received in this notice remains confidential and is securely stored.
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2.0
What is a fine collection notice?
Section 75 of the State Penalties Enforcement Act 1999 allows the Registrar of SPER to issue a fine collection
notice (FCN) for the redirection of a debt or for regular redirection from a financial institution account.
This means that you, as the financial institution, are required to deduct the amount as noted on the fine collection
notice, and pay that to the Registrar of SPER. A copy of the fine collection notice is also given to the debtor as
soon as practicable after it is issued.
A fine collection notice is regarded as a type of enforcement action, and is only issued if the debtor has failed to
enter into one of the many forms of compliance SPER offers to settle the debt.
Should the Registrar consider it necessary to vary, suspend or cancel a fine collection notice, you will receive
written advice of any changes.
Should the debtor have any queries or concerns regarding their SPER matters or the issue of this fine collection
notice, advise them to contact SPER directly.
2.1
Fine collection notice for the redirection of a debt
A fine collection notice for the redirection of a debt will be issued under section 75(2)(b) of the State Penalties
Enforcement Act where it is considered an appropriate enforcement action. The original notice will be served on the
relevant financial institution by ordinary post, and it is expected the fine collection notice will be actioned by the
institution on the date it is received (where reasonable).
The fine collection notice authorises the financial institution to deduct all available monies from an eligible account,
up to and including the amount for which the notice was issued, taking into account any protected amount (see the
Frequently asked questions or Protected amount sections for more information).
2.2
Fine collection notice for the regular redirection
from a financial institution account
A fine collection notice for the regular redirection from a financial institution account will be issued under
section 75(2)(c) of the State Penalties Enforcement Act where SPER holds account information for a debtor and
believes a regular deposit of earnings is made to that account. The original fine collection notice will be served on
the relevant financial institution by ordinary post. The notice continues in force until the total amount stated in the
notice is paid or the notice is cancelled or varied.
For each regular deposit into the debtor’s account while the fine collection notice for regular redirection is in force,
the financial institution:
1. within two days after the deposit, must deduct from the account the amount stated in the notice and pay it to
SPER as stated in the notice
2. may deduct from the account an administration charge and keep it as a contribution towards the administrative
cost of making payments under the notice
3. must give to the debtor a notice of the deductions and when they were made.
Payments must be remitted to SPER each time a deduction is made.
Once a fine collection notice for the regular redirection from a financial institution account has been issued, it
becomes your obligation (as the financial institution) to enforce the notice and send monies collected to SPER. As
such, SPER will review these notices on a regular basis and make contact with the financial institution in the
following circumstances:
•
When no returns (Form 3021) have been lodged with SPER for a period of 3 months or greater
•
When no deductions have been paid to SPER for a period of 6 months or greater.
For definitions of a ‘regular deposit’ and ‘earnings’, refer to the Frequently asked questions.
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3.0
Your role and responsibilities
Once you, as the financial institution, have received a fine collection notice, the deductions should commence as
indicated on the notice.
It is the responsibility of the financial institution to make the deductions as required under the fine collection notice
and pay the relevant amount to SPER.
It is also the responsibility of the financial institution to give written notice to the account holder of the amount
deducted under the notice.
If the debtor closes their account while the fine collection notice is in force, or should the debtor never have held an
account with the financial institution, or the account has no deductible funds, you must complete the ‘Fine collection
notice return’ (Form 3021 or 3021a) and indicate in the space provided why no funds were deducted.
4.0
What is the protected amount?
The protected amount is only relevant to a fine collection notice for the redirection of a debt. The protected amount
is the minimum amount of money that should be left in a debtor’s bank account after a financial institution has
complied with a fine collection notice. This amount is specified on the fine collection notice. Where you (the
financial institution) also have an internal policy, the greater of the amounts should be left in the debtor’s bank
account so they are not left with less than the minimum amount (for example, not less than a minimum balance of
$200).
5.0
Where and how do I make payments to SPER?
Any payments deducted under a fine collection notice must be remitted to SPER each time a deduction is made
(within 2 days after the notice has been actioned).
Payments can be made by:
•
direct credit—for information about the requirements for setting up this payment method, contact us using the
details at the end of this guide
•
cheque or money order made out to ‘State Penalties Enforcement Registry’ (or ‘SPER’) and mailed to SPER
with the ‘Fine collection notice return’ (Form 3021)
•
credit card—complete the credit card details on the ‘Fine collection notice return’ and mail to SPER.
Payments cannot be made over the phone to SPER by credit card.
Note: The ‘Fine collection notice return’ (Form 3021) can be returned by email or fax when no payments are made.
6.0
Frequently asked questions
What should I do if an account holder wants to change the deductions I
make under the FCN?
Do not stop or alter the deductions because an account holder (the debtor) is unhappy with the issue of a fine
collection notice. The debtor can contact SPER should they have any queries or concerns. The State Penalties
Enforcement Act 1999 also allows a debtor to make an application to the Registrar of SPER to vary, suspend or
cancel the fine collection notice at any time while the notice is in force.
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What should I do if a solicitor instructs me to change the deductions?
The deduction amount under a fine collection notice can only be changed, suspended or cancelled by the Registrar
of SPER. If an account holder, or any representative of the account holder, supplies information or instructions
regarding the fine collection notice, advise them to contact SPER.
Does the original FCN need to be returned to SPER with payments?
No. The original fine collection notice sent to the financial institution may be retained by the institution for their
records.
Can I pay SPER by electronic funds transfer (EFT)?
If you wish to pay by EFT, you can send an email request to [email protected]. Your request will be
assessed and you will be advised if you are able to pay by EFT.
Alternatively, payments can be made to SPER by cheque, money order or credit card. One cheque can cover
multiple fine collection notices, provided it is attached to the relevant return forms to identify what amount is to be
applied to which particular fine collection notice.
What if the debtor has no account or has never had an account with the
financial institution?
Should the debtor no longer have an account, or have never had an account with your institution, to which the fine
collection notice can be applied, complete the ‘Fine collection notice return’ (Form 3021) noting the reason for nonpayment.
What are ‘earnings’?
Schedule 2 (Dictionary) of the State Penalties Enforcement Act 1999 provides that the earnings of a 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’.
What is a ‘regular deposit’?
This is an amount that is deposited into an account on a regular basis (such as every week, fortnight, or month)
from the same source (e.g. employer, Centrelink).
What if there is more than one regular deposit from different sources on the
same day?
Where there are two or more regular deposits from difference sources on the same day, the deduction amount
specified in the fine collection notice should only be deducted from the deposit with the highest value.
What if there is more than one regular deposit from different sources on
different days?
Where there are two or more regular deposits from difference sources on different days, the deduction amount
specified in the fine collection notice should be deducted from each separate deposit on each day.
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What if there is more than one regular deposit from the same source on the
same day?
Where there are two or more regular deposits from the same source on the same day, the deduction amount
specified in the fine collection notice should only be deducted from the deposit with the highest value.
Can I action the FCN if the full amount is not available?
Yes. A fine collection notice for the redirection of a debt is to be actioned immediately. Any available funds up to
the amount requested are to be sent to SPER. If the full amount is not available, you are only required to submit
the available funds (taking into account the protected amount) to satisfy the notice.
For a fine collection notice for a regular redirection from a financial institution account—if the full amount of the
regular deduction is not available, redirect any amount available up to the deduction amount.
Is the financial institution to continue to monitor the account if no money is
available on the first attempt for an FCN for the regular redirection from a
financial institution account?
Yes. The financial institution must continue to monitor the account as long as the regular deposit is still being made
or until the notice is withdrawn by SPER. If the account has been closed, the institution should advise SPER
immediately, and the notice will be finalised.
Is the financial institution to continue to monitor the account if no money is
available after an FCN for the redirection of a debt has been actioned?
No. The financial institution does not need to monitor the account. The institution should complete a ‘Fine collection
notice return’ (Form 3021) to advise SPER that no funds were available. On receiving this advice, SPER will
finalise the notice and no further action is required.
Do I have to complete a return form each time a deposit is made, even if no
money is available?
Yes. A ‘Fine collection notice return’ (Form 3021) must be completed each time a regular deposit is made to the
debtor’s account, whether or not any funds are available.
How often does an FCN for the regular redirection from a financial
institution account need to be actioned?
The notice needs to be actioned within two days of a regular deposit being made into the account.
Does the protected amount relate to an FCN for a regular redirection from a
financial institution account?
No. The protected amount is only relevant to a fine collection notice for the redirection of a debt.
Can the financial institution charge an administration fee?
Yes. Under the State Penalties Enforcement Act 1999, a financial institution may deduct from the account an
administration charge and keep it as a contribution towards the administrative cost of making payments under the
notice.
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Does the Social Security (Administration) Act 1999 prevent deductions
under an FCN?
No. The Social Security (Administration) Act does not prevent deductions under a fine collection notice issued by
SPER.
As the fine collection notice issued by SPER is not an order of a court, section 62 of the Social Security
(Administration) Act does not apply, and therefore deductions under the fine collection notice can be applied to any
amount (including the ‘saved amount’, if any, in the account).
When is the bank’s obligation under the FCN for the redirection of a debt
discharged?
A payment made to SPER by the financial institution in compliance with the fine collection notice is a valid
discharge of the third party’s liability to the debtor to the extent of the amount paid.
When is the bank’s obligation under an FCN for the regular redirection from
a financial institution account discharged?
A deduction paid or kept by a financial institution under the conditions of a fine collection notice is a valid discharge
of the financial institution’s liability to the debtor to the extent of the deduction.
Contact details
Phone
1300 365 635 (Australia)
+61 7 3405 0985 (Overseas)
Monday to Friday, 8am to 6pm
Email
[email protected]
Fax
07 3035 3334
Website
www.sper.qld.gov.au
Post
SPER
GPO Box 1387
Brisbane QLD 4001
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