New South Wales Consolidated Acts
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FINES ACT 1996 - SECT 108M
Commissioner may request enforcement of NSW fine enforcement order
(1) The Commissioner is authorised-- (a) to make a request in accordance with
the law of a participating jurisdiction for the enforcement in that
jurisdiction of a NSW fine enforcement order, and
(b) to request the
amendment or withdrawal of enforcement action in that jurisdiction in
accordance with the law of the participating jurisdiction, and
(c) to
exercise the functions of a fine enforcement officer under Part 7 of the
Service and Execution of Process Act 1992 of the Commonwealth.
(2) The
Commissioner may make a request for the enforcement of a
NSW fine enforcement order in a participating jurisdiction only if-- (a) the
liability of the offender to pay the NSW fine to which the
NSW fine enforcement order applies has not been fully discharged, and
(b) the
Commissioner is satisfied that enforcement action under this Act has not been
successful or is likely to be unsuccessful, and
(c) there is reason to
believe that the offender has a relevant connection with the
participating jurisdiction, and
(d) no other enforcement action is being
taken in relation to the order in any other participating jurisdiction.
(3)
Subsection (2) does not affect any additional requirements that apply to a
request for registration of a fine under Part 7 of the Service and Execution
of Process Act 1992 of the Commonwealth.
(4) The Commissioner may enter into
arrangements with a participating jurisdiction for the payment to the
Commissioner or the Commissioner's nominee of any amounts that are recovered
in that jurisdiction in the enforcement of a NSW fine enforcement order.
(5)
Any amount recovered as a consequence of the enforcement in
another jurisdiction of a NSW fine enforcement order (other than for
enforcement costs) is to be dealt with as if the amount was paid on the
imposition of the NSW fine.
(6) For the purposes of this section, a request
for registration of a NSW fine in another jurisdiction under Part 7 of the
Service and Execution of Process Act 1992 of the Commonwealth is taken to be
a request for enforcement of a NSW fine enforcement order.
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