State Penalties Enforcement (Modernisation) Amendment Bill 2022
Plain English Summary
Overview
This bill modernises Queensland's fines enforcement system and makes changes across several unrelated policy areas. It centralises the handling of camera-detected and tolling fines under a single agency (SPER within the Queensland Revenue Office), extends land tax concessions to Special Disability Trusts, reforms how the Residential Tenancies Authority is funded, and updates confidentiality rules for state penalties and taxation officials.
Who it affects
Drivers who receive camera or tolling fines will now deal with one agency instead of several. Families with Special Disability Trusts may pay less land tax, and all Queensland renters gain a formal government guarantee backing their rental bonds.
Fines enforcement modernisation
Camera-detected fines (speeding, red lights, uninsured driving) and tolling fines are moved from the Department of Transport and Main Roads and Queensland Police to SPER, creating one contact point. The bill also allows unpaid fines to be registered with SPER sooner and lets SPER recover enforcement costs like towing and storage from debtors.
- All camera-detected and tolling fines now managed by SPER through the Queensland Revenue Office
- SPER enforcement officers formally authorised to use body-worn cameras
- Enforcement costs (locksmith, towing, storage, insurance, sale expenses) can now be recovered from debtors
- Framework for earlier registration of unpaid fines with SPER
Land tax relief for Special Disability Trusts
Trustees of Special Disability Trusts will be taxed at the lower individual land tax rates rather than the higher trustee rates. This aligns with the beneficial treatment already given to trustees for bankrupt and incapacitated persons.
- Special Disability Trust trustees now receive the higher tax-free threshold and lower land tax rates that apply to individuals
- Applies to trusts established under Commonwealth social security or veterans' entitlements law
Residential Tenancies Authority funding
The RTA will no longer invest rental bond money or earn interest on it. Instead, it receives grant funding from the consolidated fund. A Treasurer's guarantee ensures rental bonds are always fully covered.
- Rental bonds now backed by a Treasurer's guarantee — if the bond account falls short, the government covers the difference
- RTA funded through government grants instead of investment returns on rental bond money
- Treasurer can direct the RTA's banking arrangements for the rental bond account
Confidentiality provisions
The confidentiality rules in the State Penalties Enforcement Act and Taxation Administration Act are updated to allow information sharing with departmental officers where already permitted under other laws, removing an inconsistency that prevented lawful use of information for revenue forecasting and parliamentary reporting.
- Officials may share personal information with departmental officers or the responsible Minister where permitted under other laws
- SPER can now disclose debtor identifying information to entities owed money under court orders
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Mar 2022View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the bill over seven weeks, receiving seven submissions and holding a public hearing with stakeholders including LawRight, the REIQ, Tenants Queensland, and Moreton Bay Regional Council. The committee recommended the bill be passed. Key areas of scrutiny included the impact of centralising fine administration on vulnerable Queenslanders, reduced timeframes for registering unpaid fines with SPER, the use of body-worn cameras by enforcement officers, and a controversial change to the Residential Tenancies Authority's funding model. Non-government members filed a Statement of Reservation raising concerns about the lack of consultation on RTA funding changes and the government's management of SPER debt.
Key findings (5)
- LawRight warned that centralising fine administration in SPER could disproportionately affect vulnerable Queenslanders, as automated fines have a greater impact on people experiencing disadvantage and poverty
- Local councils opposed shortened timeframes for registering unpaid fines with SPER, arguing that 80 to 90 days is needed to allow internal review processes and procedural fairness
- Both the REIQ and Tenants Queensland opposed the change to the RTA's funding model, arguing the self-funding investment model had generally worked and that the government had not adequately consulted stakeholders
- The committee found the bill's provisions for body-worn cameras and disclosure of personal information had sufficient regard to individuals' right to privacy, given existing legislative safeguards
- The committee noted community consultation was not undertaken on most aspects of the bill, with Treasury stating the amendments were of a 'mechanical nature'
Recommendations (1)
- The committee recommends the State Penalties Enforcement (Modernisation) Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading24 May 2022View Hansard
That the bill be now read a second time
Final vote on whether to advance the State Penalties Enforcement (Modernisation) Amendment Bill to the committee stage. Passed 51-33 with ALP, Greens and independent member for Noosa voting in favour; LNP, KAP and PHON voting against.
The motion passed.
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Ayes (51)
Noes (33)
▸1 procedural vote
Vote to grant leave
The LNP member for Everton sought leave to move a motion without notice during the Treasurer's reply speech, which the government voted down 48-35, denying the opposition the opportunity to move an unspecified motion.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (35)
Noes (48)
▸14 members spoke7 support7 oppose
Introduced and defended the bill as necessary to modernise SPER operations, provide stable funding for the RTA, and give beneficial land tax treatment to special disability trusts.
“At the heart of this bill are two binding principles: that people should pay what they owe; and that people are paid what they are owed.”— 2022-05-24View Hansard
Opposed the bill citing Labor's generational failure managing SPER debt, criticising the lack of consultation on the RTA funding changes, and arguing the government was seeking to use rental bonds to shore up its balance sheet.
“For those reasons and for the government's appalling record when it comes to SPER—a generational failure of record—the opposition will be opposing this bill.”— 2022-05-24View Hansard
As committee chair, supported the bill's reforms to SPER debt recovery, body worn cameras for officers, and the RTA funding changes to guarantee the security of rental bonds.
“It is really sensible that we say to renters, who value their bonds, that we hold their assets securely and that we will act as guarantor to ensure they get their bonds back at the end of the rental period.”— 2022-05-24View Hansard
Opposed the bill, alleging the RTA funding change was a scheme to use renters' bond money to avoid a credit rating downgrade, and criticised Labor's long-term mismanagement of SPER debt.
“There is one provision in the bill that I am totally uncomfortable with. It is the removal of the RTA board's independence when it comes to holding renters' bond money and passing control of that almost $1 billion worth of rent payers' money to a tricky-fingered Labor government.”— 2022-05-24View Hansard
As a committee member, supported the bill's integration of fine administration functions, reduced registration timeframes, body worn cameras for SPER officers, and cost recovery provisions.
“Whilst SPER has, and always has had, problems in terms of cost recovery, I look at the fact that previously the cost to the community of incarcerating people in our watch houses for days on end for not paying a parking fine was far greater.”— 2022-05-24View Hansard
Opposed the bill, arguing the Treasurer's real game was to take the long-term investment returns from the RTA's billion-dollar bond fund and keep everything above the cost of running the RTA.
“I put it to members that what the deal is here and what they want is to take the opportunity away from the RTA to take those long-term returns, those forever returns, and use them to benefit renters in Queensland.”— 2022-05-24View Hansard
Supported the bill's new RTA funding model as more reliable and stable, and highlighted the beneficial treatment of special disability trusts under the land tax amendments.
“This will ensure the RTA is able to continue to deliver essential services and support to the rental sector without being concerned about the impact of volatile investment markets.”— 2022-05-24View Hansard
Opposed the bill, criticising the lack of consultation on the RTA funding changes and characterising them as a blatant money grab, while noting the government's poor record on SPER debt recovery.
“The lack of transparency and question marks around the government's motives for some of the amendments are nothing but a blatant attempt to hoodwink Queenslanders and that is why the LNP will not be supporting the legislation.”— 2022-05-24View Hansard
Supported the bill's modernisation of the fines system and RTA funding model, emphasising the efficiency gains from centralising fine administration and earlier registration of default certificates.
“Queensland taxpayers expect that if someone owes them money it should be paid back. We want people to pay what they owe and to pay it back as soon as possible after they incur the fine.”— 2022-05-24View Hansard
Opposed the bill, citing both the REIQ's and Tenants Queensland's strong opposition to the RTA amendments and the lack of stakeholder consultation.
“Tenants Queensland criticised the lack of consultation. We on this side of the House have heard that time and time again when it comes to bills brought before the chamber.”— 2022-05-24View Hansard
Supported the bill as a sensible reform to ensure the RTA does not need to rely on volatile investment markets, and backed the integration of fine administration functions.
“It seems the LNP would prefer the RTA to play the market and risk tenants' bonds in an ever-changing global economy, rather than have the funds guaranteed by the backing of consolidated revenue.”— 2022-05-24View Hansard
Opposed the bill, raising concerns about SPER's failure to recover court-ordered restitution for victims of crime and criticising the government's plan to move rental bond money into consolidated revenue.
“I do not trust this dodgy government. I do not trust them when they go away from a self-funded model, put it into consolidated revenue and say that it is for the good of everyone else.”— 2022-05-24View Hansard
Supported the bill's integration of fine administration functions and the RTA funding reforms, emphasising the record SPER debt recovery projected under the government.
“SPER debt recovery under this government is projected to reach an all-time high of $300.4 million in the 2021-22 financial year.”— 2022-05-24View Hansard
Opposed the bill's RTA changes as a solution to a non-existent problem with no proper consultation, and criticised the Treasurer's arrogance in sending a warning letter to the shadow Treasurer.
“There has never been any suggestion that the current financial model adopted by the RTA is anything but stable and reliable. There are no instances of the RTA failing to pay a bond, so why is the Treasurer doing this?”— 2022-05-24View Hansard