New South Wales Consolidated Acts

FINES ACT 1996 - SECT 23AB

23AB Payment of fine before vehicle or vessel offence nomination made--other cases

(1) This section applies if--

(a) a penalty notice is issued for a vehicle or vessel offence, and

(b) the amount payable under the penalty notice for the offence was paid before a nomination notice was given in respect of the offence, and

(c) section 23AA does not apply.

(2) An appropriate officer for the penalty notice may withdraw the notice.

(3) If the penalty notice is withdrawn--

(a) the amount that was payable under the notice ceases to be payable, and

(b) any amount that has been paid under the notice is repayable to the person by whom it was paid, and

(c) further proceedings in respect of the vehicle or vessel offence may be taken against any person (including the person to whom the notice was issued).

(4) Any action taken to record demerit points against a person to whom the penalty notice was issued in the NSW demerit points register kept under the Road Transport Act 2013 because of the payment of the amount is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW.

(5) This section applies despite section 22A (1).

(6) Nothing in this section requires an appropriate officer to withdraw a penalty notice.

(7) In this section--

"nomination notice" means--

(a) an approved nomination notice within the meaning of section 38 (whether given under this Act or another Act), or

(b) a relevant nomination document within the meaning of Division 2 of Part 7.3 of the Road Transport Act 2013 (whether given under that Act or another Act).