SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 120 Challenge to imposition of fine

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 120

Challenge in accordance with laws of originating State

  (1)   Any challenge to the imposition of a registered fine may be brought only in accordance with the laws of the originating State.

Offender to notify registering State

  (2)   If the offender in relation to a registered fine challenges the imposition of the fine in accordance with subsection   ( 1), the offender must notify the registering State.

Certain fines cannot be enforced during challenge

  (3)   If a challenge to the imposition of a registered fine has been initiated under subsection   ( 1) and the challenge has not yet been finally determined, the registering State cannot enforce:

  (a)   the registered fine; or

  (b)   any pre - commencement related fines.

Cancellation of registration if challenge upheld

  (4)   If a challenge to the imposition of a registered fine is upheld, the registering State must cancel the registration of the fine.

Fine enforcement officer of originating State to notify registering State

  (5)   A fine enforcement officer of the originating State must notify the registering State of the outcome of the challenge.