Privacy Amendment Act 2006

4 Notice of adverse action proposed
  • (1) Section 103(1) is amended by omitting subsections (1A), (1B), and (2) and substituting subsections (1A) to (2A).

    (2) Section 103 is amended by inserting the following subsection after subsection (2):

    • (2A) Nothing in subsection (1) prevents any sworn member of the police or any bailiff from immediately executing a warrant to arrest an individual in respect of the non-payment of the whole or any part of a fine if the discrepancy arises in respect of arrival and departure information supplied under section 280D of the Customs and Excise Act 1996 and if, before executing the warrant, the individual concerned is—

      • (a) informed of the intention to execute the warrant; and

      • (b) given an opportunity to confirm—

        • (i) whether or not he or she is the individual named in the warrant; and

        • (ii) that neither of the following circumstances applies:

          • (A) the fine has been paid:

          • (B) an arrangement to pay the fine over time has been entered into.

    (3) Section 103 is amended by adding the following subsection:

    • (5) In this section,—

      bailiff means a bailiff of the District Court or of the High Court

      fine means—

      • (a) a fine within the meaning of section 79 of the Summary Proceedings Act 1957 or an amount of reparation:

      • (b) a fine or other sum of money to which any of sections 19 to 19E of the Crimes Act 1961 applies:

      • (c) a fine to which any of sections 43 to 46 of the Misuse of Drugs Amendment Act 1978 applies

      reparation means—

      • (a) any amount that is required to be paid under a sentence of reparation; or

      • (b) any amount that is required to be paid under any order of reparation as defined in section 145D of the Sentencing Act 2002.