New South Wales Consolidated Acts

FINES ACT 1996 - SECT 50

50 Appeal against refusal to withdraw penalty notice enforcement order

(1) If the Commissioner refuses to withdraw a penalty notice enforcement order under section 47, the applicant may, not later than 28 days after notice is given of the refusal, lodge an application in writing with a registrar of the Local Court to have the penalty notice enforcement order annulled by the Local Court.

(2) The relevant registrar of the Local Court must, as soon as possible, give written notification to the applicant and the parties of the date, time and place on or at which the application is to be determined.

(3) The Local Court may annul a penalty notice enforcement order on any of the grounds on which the Commissioner may withdraw a penalty notice enforcement order under section 47.

(4) The Local Court may proceed to determine an application despite any omission or error in the notice referred to in subsection (2) or its non-service if--

(a) the Local Court is satisfied that the applicant and the parties interested and concerned had knowledge of the date, time and place on or at which the application was to be determined and were not prejudiced by the omission, error or non-service, or

(b) the Local Court is satisfied that the applicant is avoiding service of the notice or cannot, after reasonable search and inquiry, be found.

(5) The regulations may make provision for or with respect to applications under this section (including application fees).