New South Wales Consolidated Acts

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FINES ACT 1996

- As at 24 September 2018
- Act 99 of 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Meaning of "fine"

   PART 2 - FINES IMPOSED BY COURTS

           Division 1 - General

   5.      Summary of procedure for payment of court fines
   6.      Consideration of accused's means to pay

           Division 2 - Payment of fines

   7.      When fine payable
   8.      To whom fine payable
   9.      Fine notification
   10.     Application to registrar for further time to pay fine
   11.     Provisions relating to application for further time to pay fine

           Division 3 - Court fine enforcement orders

   12.     What is a court fine enforcement order?
   13.     Referral for a court fine enforcement order
   14.     When an order may be made
   15.     Form of court fine enforcement order
   16.     Enforcement costs under order
   17.     Withdrawal of order
   18.     Special provision relating to certain victims support levies

   PART 3 - PENALTY NOTICES

           Division 1 - Summary of penalty notice procedure

   19.     Summary of penalty notice procedure

           Division 1A - Official cautions

   19A.    Official caution may be given instead of penalty notice
   19B.    Official caution does not affect other powers

           Division 2 - Penalty notices

   20.     What is a penalty notice?
   21.     Issue of penalty notices
   22.     Persons who may deal with penalty notices (appropriate officers)
   22A.    Effect of payment under penalty notice
   23.     Amount payable under penalty notice
   23AA.   Payment of fine before vehicle or vessel offence nomination made--payment by or for nominated person
   23AB.   Payment of fine before vehicle or vessel offence nomination made--other cases
   23A.    Person may elect to have matter dealt with by court
   24.     Failure to pay amount required by penalty notice

           Division 2A - Internal review

   24A.    Application for review of penalty notice
   24B.    Circumstances when agency is not required to conduct a review
   24C.    Review by reviewing agency
   24D.    Request for additional information
   24E.    Outcome of review
   24F.    Action to be taken if decision to issue penalty notice is confirmed
   24G.    Effect of withdrawal of penalty notice
   24H.    Agency may review a decision on its own motion
   24I.    (Repealed)
   24J.    Reviewing agencies may enter into arrangements with respect to functions under Division

           Division 3 - Penalty reminder notices

   25.     What is a penalty reminder notice?
   26.     When a penalty reminder notice may be sent
   27.     What a penalty reminder notice must say
   28.     Service of penalty reminder notices
   29.     Time for service of penalty reminder notices by post
   30.     Due date for payment in penalty reminder notices
   31.     Extension of due date if notice takes more than 7 days
   32.     Effect of penalty reminder notice on payment time in penalty notice
   33.     Payment under penalty reminder notice
   34.     Effect of payment under penalty reminder notice
   35.     Alleged offender's right to elect to have matter dealt with by court
   36.     How a person may elect to have matter dealt with by court
   37.     Matter to proceed
   37A.    Extension of time limit for taking proceedings if person has elected to have penalty notice matter dealt with by court
   38.     Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty
   39.     Withdrawal of penalty reminder notices

           Division 4 - Penalty notice enforcement orders

   40.     What is a penalty notice enforcement order?
   41.     How are penalty notice enforcement orders made?
   42.     When a penalty notice enforcement order may be made
   43.     Form of penalty notice enforcement order
   44.     Enforcement costs under penalty notice enforcement order
   45.     Effect of making, or of payment under, penalty notice enforcement order
   46.     Withdrawal of order
   47.     Regulations relating to orders

           Division 5 - Annulment of penalty notice enforcement orders

   48.     Applications for annulment of orders
   49.     Determination of applications by Commissioner
   49A.    Review of penalty notice before annulment
   50.     Appeal against refusal of application by Commissioner
   51.     Proceedings for alleged offence if penalty notice enforcement order annulled
   52.     Provisions relating to annulment of enforcement orders

           Division 6 - Application of Part

   53.     Application of penalty notice procedure to children
   54.     Part not to apply to certain forestry penalty notices
   55.     Regulations may exclude penalty notices from operation of Part
   56.     Other provisions not affected

   PART 4 - FINE ENFORCEMENT ACTION

           Division 1 - Preliminary

   57.     Application and interpretation
   58.     Summary of enforcement procedure

           Division 2 - Service of fine enforcement order

   59.     Service on fine defaulter of notice of order
   60.     What notice must say
   61.     Service of notice
   62.     Time for service of notices by post
   63.     Final date for payment in notices
   64.     Extension of final date if notice takes more than 7 days

           Division 3 - Driver licence or vehicle registration suspension or cancellation

   65.     When enforcement action taken under this Division
   66.     Suspension or cancellation of driver licence
   66A.    Suspension of visitor driver privileges
   67.     Cancellation of vehicle registration
   68.     Suspension of dealings with Roads and Maritime Services
   69.     Interim restoration or reinstatement of licence or registration pending appeal etc
   69A.    Interim restoration of visitor driver privileges
   70.     Effect of enforcement action on vehicle insurance

           Division 4 - Civil enforcement

   71.     When enforcement action taken under this Division
   72.     Order to seize property of fine defaulter
   73.     Order to garnishee debts, wages or salary of fine defaulter
   74.     Registration of fine enforcement order as charge on land
   75.     Examination of fine defaulter
   75A.    Enforcement of order for examination
   76.     Power of entry to execute property seizure order
   76A.    Sheriff's additional costs of taking enforcement action under this Division
   77.     Cancellation of property seizure, garnishee order or charge on land
   77A.    Garnishee order refunds in case of hardship

           Division 5 - Orders requiring community service

   78.     When orders may be made
   79.     Making of order against fine defaulter
   80.     Service and notice of order
   80A.    Provisions relating to service of orders and notice
   81.     Number of hours of community service work
   82.     Satisfaction of orders by payment
   83.     Satisfaction of fine by community service
   84.     Suspension of orders during imprisonment or detention
   85.     Provisions relating to orders
   86.     Revocation of order

           Division 6 - Imprisonment

   87.     Imprisonment following breach of order
   88.     The "relevant outstanding fine"
   89.     Intensive correction order
   89A.    Service and notice of intensive correction order
   89B.    Provisions relating to service
   90.     Calculation of period of imprisonment under warrant
   91.     Satisfaction of fine by imprisonment
   92.     Special provision relating to children
   93.     Terms under warrants to be served consecutively
   94.     Terms under warrants to be served concurrently with other non-fine default imprisonment
   95.     Execution of warrant
   96.     Discharge from custody
   97.     Regulations as to warrants

           Division 7 - Bodies corporate

   98.     Application of civil and other enforcement procedures
   99.     Modification of enforcement procedures

           Division 8 - Fine mitigation

              Subdivision 1 - Work and development orders

   99A.    Definitions
   99B.    Making an order
   99BA.   Assessments of eligibility for orders and keeping of records
   99C.    Variation or revocation of order
   99D.    No appeal except to Hardship Review Board
   99E.    Satisfaction of order
   99F.    Civil liability
   99G.    Persons performing work under orders not workers
   99H.    Delegation by approved persons
   99I.    Work and development guidelines
   99J.    Regulations
   99K.    Orders may extend to State debt

              Subdivision 2 - Time to pay and writing off fines

   100.    Time to pay
   101.    Unpaid fines may be written off

              Subdivision 3 - Hardship Review Board

   101A.   (Repealed)
   101B.   Reviews by Hardship Review Board
   101C.   Disclosure of information by Hardship Review Board

           Division 9 - Miscellaneous

   102.    Disposition of money paid by or recovered from fine defaulters
   102A.   Liability of minors for enforcement costs
   103.    Electronic transmission of documents
   104.    Power of person executing order or warrant to demand name and address

   PART 5 - RECIPROCAL ENFORCEMENT OF FINES AGAINST BODIES CORPORATE

   105.    Definitions
   106.    Declaration of reciprocating court
   107.    Enforcement of fine imposed by reciprocating court
   108.    Enforcement of New South Wales fine by reciprocating court

   PART 5A - INTERSTATE FINE ENFORCEMENT

           Division 1 - General

   108A.   Definitions
   108B.   Relevant connection of offender with a jurisdiction

           Division 2 - Enforcement of interstate fines in NSW

   108C.   Power to make interstate fine enforcement orders
   108D.   Effect of interstate fine enforcement order
   108E.   Request for interstate fine enforcement order
   108F.   Form of interstate fine enforcement order
   108G.   Amendment or withdrawal of request for interstate fine enforcement order
   108H.   Amendment or withdrawal of interstate fine enforcement orders
   108I.   Effect of amendment or withdrawal of interstate fine enforcement orders
   108J.   Enforcement costs payable under interstate fine enforcement orders
   108K.   Application of amounts recovered
   108L.   Modifications to application of Part 4

           Division 3 - Enforcement of NSW fine enforcement orders in participating jurisdictions

   108M.   Commissioner may request enforcement of NSW fine enforcement order
   108N.   Enforcement action in this jurisdiction prohibited during interstate enforcement action
   108O.   Notification of payments made in this jurisdiction

           Division 4 - Miscellaneous

   108P.   Relationship with Part 5

   PART 6 - CIVIL ENFORCEMENT--COSTS AND OTHER PAYMENTS

   109.    Application
   109A.   Payment of ancillary money orders
   110.    Enforcement as civil judgments

   PART 7 - ENFORCEMENT OF BAIL AGREEMENTS

   111.    Definitions
   112.    Enforcement of forfeited bail money
   112A.   Enforcement of forfeited bail security

   PART 7A - ENFORCEMENT OF ORDERS FOR RESTITUTION
   Note

           Division 1 - General

   112B.   Definitions
   112C.   Restitution amounts taken to be court imposed fines
   112D.   Application of Act to restitution amounts
   112E.   Time to pay orders
   112F.   Joint and several liability

           Division 2 - Attachment of prison earnings

   112G.   Enforcement by attachment of prison earnings
   112H.   Deductions under attachment order
   112I.   Cancellation of attachment order

           Division 3 - Miscellaneous

   112J.   Effect of appeals
   112K.   Payment of money recovered
   112L.   Arrangements with Commissioner of Victims Rights

   PART 8 - ADMINISTRATION

   113.    Commissioner of Fines Administration
   114.    Functions of Commissioner
   115.    (Repealed)
   116.    Employees
   116A.   Delegation
   116B.   Exercise of enforcement functions
   116C.   Personal liability
   117.    Access to information held by police and government agencies
   117AA.  Access to information held by employers
   117AB.  Access to and use of information held by credit reporting bodies
   117A.   Disclosure of information by Commissioner
   117B.   Confidentiality
   118.    Registration of fine enforcement orders

   PART 9 - MISCELLANEOUS

   119.    Act binds Crown
   120.    Guidelines on exercise of functions under this Act
   121.    Fines payable into Consolidated Fund
   122.    Payment of share of fine to prosecutor
   122A.   Payment of law enforcement officers' costs and expenses
   122B.   Payment of penalty notice amounts received on behalf of others
   122C.   Reallocation of overpayments
   123.    Remission of fines or other penalties
   124.    Royal prerogative preserved
   125.    Abolition of imprisonment as primary enforcement action for fine default
   126.    Abolition of recovery by distress
   126A.   Penalty notices and penalty reminder notices sent to recently reported address and returned to sender
   127.    Proceedings for offences
   128.    Regulations
   129.    Repeals
   130.    (Repealed)
   131.    Savings, transitional and other provisions
   132.    Review of Act

   PART 10 - (Repealed)
   None
           Schedule 2 (Repealed)
           SCHEDULE 3


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