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FINES ACT 1996 - SECT 65
When enforcement action taken under this Division
65 When enforcement action taken under this Division
(1) Enforcement action is to be taken against a fine defaulter under this
Division if-- (a) the fine defaulter has not paid a fine as required by the
notice of the fine enforcement order served on the fine defaulter, or
(b) the
Commissioner has extended the time for payment of a fine, and the
fine defaulter has not paid the fine by the extended due date, or
(c) the
Commissioner has allowed the payment of a fine by instalments, and the
fine defaulter has not paid every such instalment at the time specified by the
Commissioner.
(2) Transport for NSW is to take that enforcement action when
it is directed by the Commissioner to do so.
(3) Despite subsections (1) and
(2), enforcement action is not to be taken under this Division if-- (a) the
offence-- (i) in respect of which the fine concerned was imposed on the
fine defaulter by a court, or
(ii) in respect of which the penalty notice
from which the fine concerned arises was issued to the fine defaulter,
occurred while the fine defaulter was under the age of 18 years, and
(b) the
offence is not a traffic offence.
(4) Transport for NSW is to cease
enforcement action when directed to do so by the Commissioner.
(4A) If
Transport for NSW has taken fine enforcement action against a fine defaulter
who is granted a first extension of time under this Act for payment of the
fine, and the fine defaulter pays 6 instalments in accordance with the
extension of time-- (a) the Commissioner must direct Transport for NSW to
cease the enforcement action, and
(b) Transport for NSW is to cease the
enforcement action.
(4B) The Commissioner may direct Transport for NSW to
recommence enforcement action in respect of a fine defaulter referred to in
subsection (4A) if the fine defaulter fails to pay any further instalment in
accordance with the extension of time to pay.
(5) The Commissioner may direct
Transport for NSW to cease enforcement action under this Division even if a
fine defaulter has not paid all outstanding fines under any
fine enforcement order.
(6) In this section--
"traffic offence" means-- (a) an offence arising under a provision of the
following Acts in respect of the use, standing or parking of a motor vehicle--
(i) the road transport legislation (within the meaning of the
Road Transport Act 2013 ) or the former road transport legislation (within the
meaning of Part 2 of Schedule 4 to that Act),
(ii) the Roads Act 1993 ,
(iii) the Motor Vehicles (Third Party Insurance) Act 1942 ,
(iv) the
Recreation Vehicles Act 1983 , or
(b) an offence arising under a provision
of any other law in respect of the standing or parking of a motor vehicle.
Note : If the fine defaulter does not hold a driver licence, is not a visitor
driver or is not the registered operator of a vehicle,
civil enforcement action can be taken instead. In addition,
civil enforcement action can be taken instead if the Commissioner is satisfied
that civil enforcement action is preferable (see section 71) or if the
fine defaulter is a body corporate (see section 99).
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