State Penalties Enforcement (Modernisation) Amendment Bill 2022

Introduced: 17/3/2022By: Hon C Dick MPStatus: PASSED
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill modernises Queensland's fines enforcement system by centralising the management of camera-detected and tolling offence fines under the Queensland Revenue Office and SPER, so people deal with one agency instead of several. It also reduces land tax for Special Disability Trusts, guarantees the security of rental bonds held by the Residential Tenancies Authority, and updates government confidentiality rules.

Who it affects

Drivers who receive camera or tolling fines will deal with a single agency. Families with Special Disability Trusts will pay less land tax. Renters gain a State guarantee on their bond money.

Fines management centralisation

Camera-detected fines (speeding, red lights, seatbelts, mobile phones) and tolling fines will be managed by SPER and the Queensland Revenue Office instead of being split across Transport and Main Roads and Police. People who receive these fines will have a single point of contact.

  • SPER registrar becomes the single authority for issuing and administering camera and tolling fines
  • Unpaid fines can be registered with SPER sooner, reducing delays in enforcement
  • SPER enforcement officers can now use body-worn cameras during enforcement activities
  • Enforcement costs like towing, locksmith and storage fees can be recovered from debtors whose property is seized and sold

Land tax relief for Special Disability Trusts

Trustees of Special Disability Trusts established under Commonwealth law will be assessed for land tax at the lower individual rates and higher tax-free threshold, rather than the higher rates that apply to trustees generally.

  • Special Disability Trust trustees assessed at individual land tax rates instead of higher trustee rates
  • Aligns treatment with trustees for bankrupt and incapacitated persons

Rental bond security and RTA funding

The Residential Tenancies Authority's funding model changes from investment returns on rental bonds to direct government grants. A new Treasurer's guarantee ensures rental bonds will always be paid even if the bond account falls short.

  • Treasurer guarantees payment of all rental bonds if the bond account has insufficient funds
  • RTA will receive direct government funding instead of earning investment returns on rental bonds
  • Treasurer can direct the RTA on banking arrangements for the rental bond account
  • Unclaimed electronic bond refunds after seven years can be used for rental advisory services and housing schemes

Confidentiality provisions

Updates disclosure rules in the State Penalties Enforcement Act and Taxation Administration Act to allow sharing of information with departmental officers where other laws already permit it, supporting revenue forecasting and accountability.

  • Personal information can be disclosed to departmental officers if already permitted under another law
  • SPER can share debtor identifying information with prosecuting agencies and crime victims owed restitution

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced17 Mar 2022View Hansard
First Reading17 Mar 2022View Hansard
Committee17 Mar 2022View Hansard

Referred to Economics and Governance Committee

Committee Findings
Recommended passage

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.
Dissenting views: The three non-government members (Ray Stevens, Michael Crandon, and Daniel Purdie) filed a Statement of Reservation expressing scepticism about the government's ability to manage SPER effectively, noting unpaid SPER debt had grown 20 per cent under Labor. They raised concerns about the RTA funding changes, citing a lack of consultation with stakeholders, state departments, and the RTA itself. They questioned the government's motives for the funding model change, suggesting it could be a way to inflate budget figures.
AI-generated summary — may contain errors
Committee Report6 May 2022

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.

Passed51 ayes – 33 noes2022-05-24

The motion passed.

Show individual votes

Ayes (51)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (33)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
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.

Defeated35 ayes – 48 noes2022-05-24

Permission was refused.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

Show individual votes

Ayes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Berkman(Queensland Greens)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
MacMahon(Queensland Greens)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)

Noes (48)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Last(Liberal National Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
14 members spoke7 support7 oppose
11.34 amHon. CR DICKSupports

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
11.52 amMr JANETZKIOpposes

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
12.22 pmMr POWERSupports

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
12.32 pmMr STEVENSOpposes

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
12.45 pmMrs McMAHONSupports

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
12.55 pmMr CRANDONOpposes

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
2.59 pmMr TANTARISupports

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
3.08 pmMr PURDIEOpposes

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
3.16 pmMrs MULLENSupports

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
3.25 pmMr MINNIKINOpposes

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
3.36 pmMr MELLISHSupports

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
3.40 pmMs SIMPSONOpposes

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
3.50 pmMr McCALLUMSupports

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
3.59 pmMr MANDEROpposes

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
In Detail24 May 2022View Hansard
Third Reading24 May 2022View Hansard
Royal Assent — Act 10 of 202210 June 2022

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards