New South Wales Consolidated Acts

FINES ACT 1996 - SECT 14

14 When an order may be made

(1) The Commissioner may make a court fine enforcement order--

(a) if the registrar of the court that imposed the fine refers the matter to the Commissioner for the making of a court fine enforcement order, or

(b) if the fine is registered in New South Wales under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth and that Act permits the fine to be enforced in or by New South Wales as the registering State.

Note : Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth allows interstate fines imposed by courts that are registered in New South Wales to be enforced in New South Wales in the same way as New South Wales court imposed fines.

(1A) A court fine enforcement order may be made only if there has been a default in payment of the fine by the due date.

(1B) However, a court fine enforcement order may be made, without any default in payment, in relation to a fine imposed by a court on a person if--

(a) the person seeks a work and development order in relation to the fine, or

(b) the person is in receipt of a Government benefit and seeks a time to pay order in relation to the fine, or

(c) the person seeks a time to pay order in relation to the fine that provides for a combined payment arrangement.

(1BA) The Commissioner must not make a court fine enforcement order referred to in subsection (1B) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person.

(1C) If the Commissioner does not make a court fine enforcement order in respect of a matter referred to the Commissioner by a registrar under section 13 (1) (b), (c) or (d), the Commissioner is to refer the matter back to the registrar.

(2) The Commissioner is not required to inquire into whether this section authorises the making of an order in a matter referred to the Commissioner by the registrar of a court.

(3) A court fine enforcement order may be made in the absence of, and without notice to, the person liable to pay the fine.

(4) The Commissioner may, but is not required to, make a court fine enforcement order if a fine to which it is to apply has previously been the subject of a court fine enforcement order in respect of which any enforcement action has been taken.