George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

It is a great pleasure this evening to speak briefly on the Service and Execution of Process Amendment (Interstate Fine Enforcement) Bill 2010. It should never be forgotten that the Service and Execution of Process Act, although never, so far as I am aware, a subject of acute political controversy, is one of the fundamental machinery-of-government acts of the Australian parliament. In fact, I think I am right in saying that it was, if not the first act, then certainly one of the first acts of the Australian parliament in 1901, to establish a machinery for the mutual recognition and enforcement of the orders and decrees of the courts of the various states.

This bill replaces the existing regime for arrest and imprisonment of interstate fine defaulters with the alternative sanctions available in the jurisdictions of the states and territories. Part 7 of the Service and Execution of Process Act provides a scheme for the mutual recognition between states and territories of fines imposed by courts of summary jurisdiction, which allows interstate fines to be enforced through the arrest and imprisonment of fine defaulters. The bill seeks to implement a decision of the Standing Committee of Attorneys-General by replacing that scheme with a simplified mechanism which no longer relies on arrest and imprisonment and instead applies the less punitive sanctions that have been introduced in the various jurisdictions.

Under the proposed scheme, a state or territory that is owed a fine may request enforcement in another jurisdiction. The fine is then registered in the jurisdiction in which the defaulter resides. Once registered, the fine can be enforced according to that jurisdiction’s own laws. Any money recovered is remitted to the state or territory that is owed the fine. The new scheme will apply to fines imposed after the bill’s commencement, and also to certain other precommencement fines—a measure that is principally targeted at persistent and recalcitrant defaulters.

The bill provides for a quicker, simpler and more efficient method of collecting interstate fines, and is therefore entirely consistent with the historic role of the Service and Execution of Process Act to make the service and execution of process between the several states and territories easier and uniform. On behalf of the coalition I am happy to support the bill.

Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

I will rise and speak as briefly as Senator Brandis. The Australian Greens strongly support the purpose of the Service and Execution of Process Amendment (Interstate Fine Enforcement) Bill 2010 and the repeal of part 7 of the Service and Execution of Process Act 1992. The bill is indeed non-controversial; the reason I thought it was worth making a few comments upon it was perhaps the precedent it sets or the intention that we can read, but not read too deeply, into it. The intention is to deal with fine defaulters as what they are—minor offenders—and implement less punitive sanctions, to enforce fines rather than imprisonment. It is a sensible option and it is something that I hope we can carry forward into other areas of the law and justice debate. It is the most appropriate manner in which to deal with individuals who often fail to pay fines on the basis of financial hardship or for other reasons.

This is very much in tune with the Australian Greens’ view that imprisonment should be saved for only the most serious and violent offenders. Imprisonment comes at a very great cost to both the Australian taxpayer and to minor offenders. Neither society and the offenders themselves nor the community at large benefit in any way from these people spending any period of time in prison. So although it might look like a largely administrative change—and I am not even certain how frequently we are imprisoning people who cross borders in the way this legislation is intended to address—these are certainly welcome amendments and we look forward to seeing more of this kind of thinking applied.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Brandis and Senator Ludlam for their contributions during the second reading debate on the Service and Execution of Process Amendment (Interstate Fine Enforcement) Bill 2010. The new scheme will be beneficial to the Commonwealth and the states and territories. It will overcome the problems that currently plague the system in recognising and enforcing interstate court imposed fines by making the new schemes simpler and more efficient. With those few words, I commend the bill to the Senate.

Question agreed to.

Bill read a second time.