New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Fines Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Fines Act 1996 in relation to the enforcement of fines and in relation to other matters concerning the administration of that Act; and for other purposes.
Clause 1 Fines Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Fines Amendment Act 2008. 3 2 Commencement 4 This Act commences on the date of assent to this Act. 5 3 Amendment of Fines Act 1996 No 99 6 The Fines Act 1996 is amended as set out in Schedule 1. 7 4 Amendment of other Acts 8 The Acts specified in Schedule 2 are amended as set out in that 9 Schedule. 10 5 Repeal of Act 11 (1) This Act is repealed on the day following the day on which this Act 12 commences. 13 (2) The repeal of this Act does not, because of the operation of section 30 14 of the Interpretation Act 1987, affect any amendment made by this Act. 15 Page 2
Fines Amendment Bill 2008 Amendment of Fines Act 1996 Schedule 1 Schedule 1 Amendment of Fines Act 1996 1 (Section 3) 2 [1] Section 15, heading 3 Insert "fine" after "court". 4 [2] Section 23 Payment of amount required by penalty notice 5 Insert after section 23 (1): 6 (1A) A person may pay the amount by part payments. However, the 7 full amount payable under a penalty notice is to be paid within the 8 time required by the notice. 9 [3] Section 23 (2) 10 Omit "that amount". Insert instead "the full amount under a penalty notice". 11 [4] Section 23A 12 Insert after section 23: 13 23A Person may elect to have matter dealt with by court 14 (1) A person alleged to have committed or to be guilty of the offence 15 to which a penalty notice relates: 16 (a) has the right to elect to have the matter dealt with by a court 17 instead of under the statutory provision providing for the 18 issue of the penalty notice, and 19 (b) may make that election: 20 (i) in the manner specified in that statutory provision, 21 or 22 (ii) if no manner is specified in that statutory 23 provision--in the manner specified in the penalty 24 notice, or 25 (iii) if no manner is specified in that statutory provision 26 or in the penalty notice--in the manner specified by 27 the regulations. 28 (2) A person may make such an election even if the whole or part of 29 the amount payable under the penalty notice has been paid, but 30 such an election may not be made later than 90 days after the 31 penalty notice was served. 32 (3) If a person elects under this section to have a matter dealt with by 33 a court after any amount payable under the penalty notice has 34 been paid: 35 Page 3
Fines Amendment Bill 2008 Schedule 1 Amendment of Fines Act 1996 (a) section 23 (2) and the corresponding provision of the 1 statutory provision under which the penalty notice was 2 issued (being the provision that provides that if an amount 3 is paid under the penalty notice, no person is liable to any 4 further proceedings for the alleged offence concerned) 5 then cease to have effect, and 6 (b) any action taken to record demerit points against the 7 person in the demerit points register kept under the Road 8 Transport (Driver Licensing) Act 1998 because of that 9 payment is to be reversed by the Roads and Traffic 10 Authority, and 11 (c) the amount that has been paid under the penalty notice is 12 repayable to the person to whom the penalty notice was 13 directed. 14 [5] Sections 24, 26, 27 (1) (b), 34 and 42 (1) (d) and (2) (b) 15 Omit "the amount" wherever occurring. Insert instead "the full amount". 16 [6] Section 27 What a penalty reminder notice must say 17 Omit "make the payment" from section 27 (1) (a). 18 Insert instead "pay the full amount (or, if one or more part payments of that 19 full amount have been paid, the remaining amount)". 20 [7] Sections 28 (2) (c) and 61 (3) (c) 21 Omit "statutory declaration under section 38" wherever occurring. 22 Insert instead "notice given under section 38 (1) (a)". 23 [8] Section 33 Payment under penalty reminder notice 24 Insert at the end of the section: 25 (2) A person may pay the amount by part payments. However, the 26 full amount payable under a penalty notice is to be paid within the 27 time required by the penalty reminder notice. 28 [9] Section 35 Alleged offender's right to elect to have matter dealt with by 29 court 30 Insert "reminder" after "penalty". 31 [10] Section 36 How person may elect to have matter dealt with by court 32 Omit section 36 (1) and (2). Insert instead: 33 (1) A person may elect to have a matter dealt with by a court by 34 serving on the appropriate officer or other person or body 35 Page 4
Fines Amendment Bill 2008 Amendment of Fines Act 1996 Schedule 1 specified in the penalty reminder notice a written statement that 1 the person so elects. 2 (1A) Subject to subsection (2), a person may make such an election 3 even if the whole or part of the amount payable under the penalty 4 notice has been paid. 5 (2) The statement must be served within the following time periods: 6 (a) if no part of the amount payable under the penalty notice 7 has been paid, on or before the due date specified in the 8 penalty reminder notice for payment in relation to the 9 offence concerned, 10 (b) if the whole or any part of that amount has been paid, not 11 later than 90 days after the penalty notice was served. 12 [11] Section 36 (5) 13 Insert after section 36 (4): 14 (5) If a person elects under this section to have a matter dealt with by 15 a court after any amount payable under the penalty notice has 16 been paid: 17 (a) section 23 (2) and the corresponding provision of the 18 statutory provision under which the penalty notice was 19 issued (being the provision that provides that if an amount 20 is paid under the penalty notice, no person is liable to any 21 further proceedings for the alleged offence concerned) 22 then cease to have effect, and 23 (b) any action taken to record demerit points against the 24 person in the demerit points register kept under the Road 25 Transport (Driver Licensing) Act 1998 because of that 26 payment is to be reversed by the Roads and Traffic 27 Authority, and 28 (c) the amount that has been paid under the penalty notice is 29 repayable to the person to whom the penalty notice was 30 directed. 31 [12] Section 38 Circumstances in which person issued with penalty reminder 32 notice for vehicle or vessel offence is not liable to pay penalty 33 Omit section 38 (1) (a) and (b). Insert instead: 34 (a) on or before the due date specified in the penalty reminder 35 notice, gives notice in accordance with subsection (1A) of 36 the name and address of some other person who was in 37 charge of the vehicle or vessel concerned at all relevant 38 times relating to the offence, or 39 Page 5
Fines Amendment Bill 2008 Schedule 1 Amendment of Fines Act 1996 (b) satisfies the appropriate officer for the penalty notice to 1 which the penalty reminder notice relates (or other person 2 or body specified in the penalty reminder notice) that the 3 person did not know and could not with reasonable 4 diligence have ascertained that name and address. 5 [13] Section 38 (1A) 6 Insert after section 38 (1): 7 (1A) A notice for the purposes of subsection (1) (a) must: 8 (a) be verified by statutory declaration, and 9 (b) be given to the appropriate officer for the penalty notice to 10 which the penalty reminder notice relates (or other person 11 or body specified in the penalty reminder notice). 12 [14] Section 38 (2) 13 Omit "statutory declaration under subsection (1)". 14 Insert instead "notice under subsection (1) (a) that is verified by statutory 15 declaration". 16 [15] Section 38 (3) 17 Omit "statutory declaration" wherever occurring. Insert instead "notice". 18 [16] Section 38 (3A) and (3B) 19 Insert after section 38 (3): 20 (3A) A person must not, in a notice given under subsection (1) (a), 21 make a statement or provide information knowing that it is false 22 or misleading in a material particular. 23 Maximum penalty: 50 penalty units. 24 (3B) If the same facts establish an offence under this section and an 25 offence under the Oaths Act 1900, the person is not liable to be 26 convicted of both offences. 27 [17] Section 38 (4) 28 Omit the definition of statutory declaration. 29 Page 6
Fines Amendment Bill 2008 Amendment of Fines Act 1996 Schedule 1 [18] Section 41 1 Omit the section. Insert instead: 2 41 How are penalty notice enforcement orders made? 3 The State Debt Recovery Office may, on application by an 4 appropriate officer for a penalty notice or its own initiative, make 5 a penalty notice enforcement order. 6 [19] Section 42 When a penalty notice enforcement order may be made 7 Insert "made by an appropriate officer" after "enforcement order" in section 8 42 (2). 9 [20] Section 49 Determination of applications by State Debt Recovery Office 10 Omit "made" from section 49 (2) (a). Insert instead "served". 11 [21] Section 49 (2) (a1) 12 Insert after section 49 (2) (a): 13 (a1) the penalty reminder notice, or both the penalty notice and 14 the penalty reminder notice, in relation to a particular 15 offence were returned as being undelivered to its sender 16 after being sent to the person at the person's recently 17 reported address (within the meaning of section 126A) and 18 notice of the enforcement order was served on the person 19 at a different address, or 20 [22] Section 49 (8) 21 Insert after section 49 (7): 22 (8) For the avoidance of doubt, the State Debt Recovery Office may 23 grant an application for annulment (and annul the penalty notice 24 enforcement order) on the ground that the person was not aware 25 that a penalty notice had been issued until the enforcement order 26 was served even if section 126A (1) permitted the issue and 27 service of a penalty reminder notice in relation to a particular 28 offence referred to in the enforcement order or section 126A (2) 29 permitted the making of the penalty notice enforcement order (or 30 both). 31 [23] Section 51 Proceedings for alleged offence if penalty notice enforcement 32 order annulled 33 Omit "fine enforcement order" from section 51 (1). 34 Insert instead "penalty notice enforcement order". 35 Page 7
Fines Amendment Bill 2008 Schedule 1 Amendment of Fines Act 1996 [24] Section 51 (4) 1 Omit the subsection. Insert instead: 2 (4) For the purposes of hearing and determining the matter, a court 3 attendance notice in relation to each alleged offence to which the 4 annulment of the penalty notice enforcement order relates is 5 taken: 6 (a) to have been filed when the penalty notice enforcement 7 order was made, and 8 (b) to have been filed by the appropriate officer for the penalty 9 notice. 10 [25] Section 52 Provisions relating to annulment of enforcement orders 11 Omit section 52 (2). 12 [26] Section 100 Time to pay 13 Insert after section 100 (4): 14 (4A) An order allowing further time to pay a fine may be amended or 15 revoked by a further order made on the application of the person 16 liable to pay the fine or on the State Debt Recovery Office's own 17 initiative. 18 [27] Section 114 Functions of Office 19 Omit section 114 (1A) (a). Insert instead: 20 (a) may enter into arrangements with persons who issue 21 penalty notices, or on whose behalf penalty notices are 22 issued, for or with respect to such penalty notices, 23 including but not limited to: 24 (i) amending such penalty notices to correct minor 25 errors, and 26 (ii) reviewing or withdrawing such penalty notices, and 27 (iii) refunding amounts paid under such penalty notices, 28 and 29 (iv) the receipt, recovery and collection of amounts 30 payable under such penalty notices, and 31 Page 8
Fines Amendment Bill 2008 Amendment of Fines Act 1996 Schedule 1 [28] Section 116A 1 Insert after section 116: 2 116A Delegation 3 The State Debt Recovery Office may delegate the exercise of any 4 function of the Office that is imposed by or under this Act to any 5 member of staff of the Office (except the Director of the Office), 6 other than the following functions: 7 (a) this power of delegation, 8 (b) any function of the Office of making or issuing orders or 9 warrants under this Act. 10 [29] Section 117A Disclosure of information by State Debt Recovery Office 11 Insert after section 117A (1) (a): 12 (a1) to a tax officer (within the meaning of the Taxation 13 Administration Act 1996) for the purposes of the 14 administration or execution of a taxation law (within the 15 meaning of that Act), including for the purpose of any 16 legal proceedings arising out of a taxation law or a report 17 of any such proceedings, or 18 (a2) to a person engaged in the administration or execution of 19 the following laws for the purposes of the administration 20 or execution of those laws (including for the purpose of 21 any legal proceedings arising out of any of those laws or a 22 report of any such proceedings): 23 (i) the First Home Owner Grant Act 2000 or a 24 corresponding law of another State or a Territory, 25 (ii) the Unclaimed Money Act 1995, or 26 [30] Section 117A (3A) 27 Insert after section 117A (3): 28 (3A) A tax officer who has obtained personal information under 29 subsection (1) (a1) may disclose that information, in accordance 30 with section 82 of the Taxation Administration Act 1996, as if 31 that information had been obtained under or in relation to the 32 administration of a taxation law. 33 Page 9
Fines Amendment Bill 2008 Schedule 1 Amendment of Fines Act 1996 [31] Section 126A 1 Insert after section 126: 2 126A Penalty notices and penalty reminder notices sent to recently 3 reported address and returned to sender 4 (1) Despite sections 25 and 26, a penalty reminder notice may be 5 issued to and served on a person even if the penalty notice to 6 which it relates was returned as being undelivered to its sender 7 after being sent to the person at the person's recently reported 8 address, unless the appropriate officer concerned has received 9 some other evidence that the penalty notice was not served on the 10 person. 11 (2) Despite section 42 (1), a penalty notice enforcement order may be 12 made in relation to an offence even if the penalty notice or a 13 penalty reminder notice (or both) in relation to the offence was 14 returned as being undelivered to its sender after being sent to the 15 person at the person's recently reported address, unless the State 16 Debt Recovery Office has received some other evidence that the 17 penalty notice was not served on the person. 18 (3) In this section, recently reported address, in relation to a penalty 19 notice or penalty reminder notice sent to a person, means: 20 (a) if, at the time the offence concerned is alleged to have been 21 committed: 22 (i) an address was duly supplied by the person to an 23 appropriate officer in response to a request for that 24 address, and 25 (ii) the person had a legal obligation to supply the 26 address to that officer, 27 unless paragraph (b) applies--the address so supplied, or 28 (b) if, after an address was supplied to an appropriate officer 29 in accordance with paragraph (a), the records of the Roads 30 and Traffic Authority in relation to a current driver licence 31 or vehicle registration were altered to show a different 32 address for the person--that address, or 33 (c) in any other case--an address shown in the records of the 34 Roads and Traffic Authority in relation to a current driver 35 licence or vehicle registration as the address of the person. 36 Note. Before any enforcement action can be taken in relation to a 37 penalty notice, notice of the relevant penalty notice enforcement order 38 must be served on the person concerned: see sections 59, 65 and 71. 39 The State Debt Recovery Office must annul a penalty notice 40 Page 10
Fines Amendment Bill 2008 Amendment of Fines Act 1996 Schedule 1 enforcement order if it is satisfied that the person concerned was not 1 aware that a penalty notice had been issued until the enforcement order 2 was served on the person: see section 49. 3 [32] Schedule 3 Savings, transitional and other provisions 4 Insert at the end of clause 1 (1): 5 Fines Amendment Act 2008 6 Page 11
Fines Amendment Bill 2008 Schedule 2 Amendment of other Acts Schedule 2 Amendment of other Acts 1 (Section 4) 2 2.1 Criminal Procedure Act 1986 No 209 3 Section 36A 4 Insert after section 36: 5 36A Representation and appearance in penalty notice matters 6 (1) In any criminal proceedings relating to an offence for which a 7 penalty notice was issued under this or any other Act, the 8 prosecutor of the offence may be represented and appear by a 9 police prosecutor. 10 (2) Nothing in this section: 11 (a) requires a police prosecutor to represent or appear for any 12 person, or 13 (b) prevents any person from appearing personally, or being 14 represented and appearing by an Australian legal 15 practitioner or other person empowered by an Act or other 16 law to appear for the person, in any proceedings. 17 2.2 Road Transport (Driver Licensing) Act 1998 No 99 18 Section 14 Demerit points register 19 Insert "the whole or any part of" after "pays" in section 14 (2) (b). 20 Page 12
[Index] [Search] [Download] [Related Items] [Help]