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New South Wales
Fines Further Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Fines Act 1996 No 99 2
4 Amendment of other Acts and Regulations 2
5 Repeal of Act 2
Schedule 1 Amendment of Fines Act 1996 3
Schedule 2 Amendment of other Acts and Regulations 20
b2008-119-31.d13
New South Wales
Fines Further Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Fines Act 1996 and other laws to make provision with respect
to fines and their enforcement; and for other purposes.
Clause 1 Fines Further Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Fines Further Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by proclamation, 5
except as provided by subsection (2). 6
(2) Sections 15 and Schedules 1 [2], [9], [20], [24][28], [30] (except to 7
the extent that it inserts section 101B (1) (a)), [31] (except to the extent 8
that it inserts section 101B (6) (a)) and [34][36], 2.1 and 2.2 [1][3] 9
and [5][8] commence on the date of assent to this Act. 10
3 Amendment of Fines Act 1996 No 99 11
The Fines Act 1996 is amended as set out in Schedule 1. 12
4 Amendment of other Acts and Regulations 13
Each Act and Regulation specified in Schedule 2 is amended as set out 14
in that Schedule. 15
5 Repeal of Act 16
(1) This Act is repealed on the day following the day on which all of the 17
provisions of this Act have commenced. 18
(2) The repeal of this Act does not, because of the operation of section 30 19
of the Interpretation Act 1987, affect any amendment made by this Act. 20
Page 2
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
Schedule 1 Amendment of Fines Act 1996 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
issuing agency, in relation to a penalty notice or official caution, 5
means the agency in or by which the appropriate officer who 6
issued the penalty notice or gave the caution is employed or 7
engaged. 8
penalty notice offence--see section 19A. 9
person in receipt of a Government benefit means: 10
(a) a person in receipt of a pension or other benefit paid by the 11
Commonwealth being a pension or benefit of a kind 12
approved by the State Debt Recovery Office, or 13
(b) a person belonging to a class of persons prescribed by the 14
regulations. 15
reviewing agency, in relation to a penalty notice, means the State 16
Debt Recovery Office or the issuing agency. 17
work and development order--see section 99A. 18
[2] Section 4 Meaning of "fine" 19
Omit section 4 (2). Insert instead: 20
(2) However, a fine does not include any amount of a kind excluded 21
by the regulations. 22
[3] Section 13 Referral for a court fine enforcement order 23
Omit "if the fine has not been paid by the due date." from section 13 (1). 24
Insert instead: 25
if: 26
(a) the fine has not been paid by the due date, or 27
(b) the person is in receipt of a Government benefit and is 28
seeking an order under section 100 (Time to pay) in 29
relation to the fine, or 30
(c) the person is seeking a work and development order in 31
relation to the fine. 32
Page 3
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
[4] Section 14 When an order may be made 1
Insert after section 14 (1): 2
(1A) Despite subsection (1), a court fine enforcement order may also 3
be made if a court has imposed a fine on a person and: 4
(a) the person is in receipt of a Government benefit and is 5
seeking an order under section 100 (Time to pay) in 6
relation to the fine, or 7
(b) the person is seeking a work and development order in 8
relation to the fine. 9
(1B) The State Debt Recovery Office must not make a court fine 10
enforcement order under subsection (1A) unless it determines to 11
make the order under section 100, or the work and development 12
order, sought by the person. 13
(1C) If the State Debt Recovery Office does not make a court fine 14
enforcement order in respect of a matter referred to it by a 15
registrar under section 13 (1) (b) or (c), it is to refer the matter 16
back to the registrar. 17
[5] Section 19 Summary of penalty notice procedure 18
Insert after section 19 (1) (a): 19
(a1) Determine whether to give official caution rather than 20
penalty notice 21
The appropriate officer determines whether to issue a 22
penalty notice or whether an official caution would be 23
more appropriate (see Division 1A). 24
[6] Section 19 (1) (b) 25
Omit "A penalty". 26
Insert instead "If it is determined that it is not appropriate to give an official 27
caution, a penalty". 28
[7] Section 19 (1) (b1) 29
Insert after section 19 (1) (b): 30
(b1) Internal review 31
A reviewing agency may conduct a review of the decision 32
to issue the penalty notice. If a review is conducted, the 33
agency may withdraw the penalty notice or confirm the 34
decision and issue a penalty reminder notice (see 35
Division 2A). 36
Page 4
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
[8] Part 3, Division 1A 1
Insert after Division 1: 2
Division 1A Official cautions 3
19A Appropriate officer may give official caution 4
(1) An appropriate officer may give a person an official caution 5
instead of issuing a penalty notice if the appropriate officer 6
believes: 7
(a) on reasonable grounds that the person has committed an 8
offence under a statutory provision for which a penalty 9
notice may be issued (a penalty notice offence), and 10
(b) that it is appropriate to give an official caution in the 11
circumstances. 12
(2) In making a decision under subsection (1), an appropriate officer 13
(other than a police officer) must have regard to the applicable 14
guidelines relating to the giving of official cautions in respect of 15
penalty notice offences. 16
(3) In this section: 17
guidelines means guidelines: 18
(a) issued by the Attorney General that are published in the 19
Gazette and made available on the internet site of the State 20
Debt Recovery Office, or 21
(b) issued by the relevant issuing agency that are consistent 22
with the guidelines issued by the Attorney General. 23
19B Official caution does not affect other powers 24
An official caution in relation to a penalty notice offence does not 25
affect the power of an appropriate officer or issuing agency to: 26
(a) commence proceedings against the person to whom the 27
official caution was given, or 28
(b) issue a penalty notice in relation to the offence, or 29
(c) take no further action, or 30
(d) take any other specified action permitted under this Act or 31
the Act that establishes the penalty notice offence. 32
Page 5
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
[9] Section 20 What is a penalty notice? 1
Omit section 20 (2) (c). Insert instead: 2
(c) a notice issued under a statutory provision that declares the 3
notice to be a penalty notice for the purposes of this Act, or 4
(d) a notice that, at the time it was issued, was issued under a 5
statutory provision referred to in paragraph (a), (b) or (c). 6
[10] Part 3, Division 2A 7
Insert after Division 2: 8
Division 2A Internal review 9
24A Application for review of penalty notice 10
(1) An application may be made by or on behalf of any person for a 11
review of the decision to issue a penalty notice in respect of the 12
person. 13
(2) An application for a review: 14
(a) is to be made in writing to the issuing agency for the 15
penalty notice or to the State Debt Recovery Office (if the 16
fine under the penalty notice is payable to the State Debt 17
Recovery Office), and 18
(b) is to include the mailing address of the applicant and the 19
grounds on which the review is sought (including 20
supporting evidence). 21
(3) An application for a review may be made at any time up until the 22
due date specified in the penalty reminder notice for payment in 23
relation to the offence concerned even if the whole or part of the 24
amount payable under the penalty notice has been paid. 25
(4) The regulations may make provision for or with respect to 26
applications under this section. 27
24B Circumstances when agency is not required to conduct a review 28
(1) An agency that receives an application for a review of a decision 29
to issue a penalty notice is not required to conduct a review of the 30
decision under this Division in any of the following 31
circumstances: 32
(a) the agency notifies the applicant in writing, within 10 days 33
after receiving the application, that it has decided not to 34
conduct a review under this Division and gives reasons for 35
its decision, 36
Page 6
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
(b) a review of the decision has already been conducted under 1
this Division, 2
(c) such other circumstances as may be prescribed by the 3
regulations. 4
(2) An agency that decides not to conduct a review may take such 5
other action as it sees fit, including withdrawing the penalty 6
notice to which an application relates. 7
24C Review by reviewing agency 8
(1) Except as provided by section 24B, an agency that receives an 9
application for review under this Division must conduct a review 10
in accordance with this Division. 11
(2) The reviewing agency is to ensure that a review under this 12
Division is conducted by a person who was not involved in 13
making the decision that is the subject of the review. 14
24D Request for additional information 15
(1) When conducting a review under this Division, a reviewing 16
agency may request, in writing, additional information from the 17
applicant. 18
(2) The additional information must be provided by the applicant to 19
the reviewing agency within 14 days of the request. 20
(3) If the information is not provided within the time specified, the 21
review may be conducted without that information. 22
24E Outcome of review 23
(1) After reviewing a decision under this Division, a reviewing 24
agency may confirm the decision to issue a penalty notice or may 25
withdraw the penalty notice. 26
(2) A reviewing agency must withdraw a penalty notice if it finds any 27
of the following grounds to be made out: 28
(a) the penalty notice was issued contrary to law, 29
(b) the issue of the penalty notice involved a mistake of 30
identity, 31
(c) the penalty notice should not have been issued, having 32
regard to the exceptional circumstances relating to the 33
offence, 34
Page 7
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
(d) the person to whom the penalty notice was issued is 1
unable, because the person has an intellectual disability, a 2
mental illness, a cognitive impairment or is homeless: 3
(i) to understand that the person's conduct constituted 4
an offence, or 5
(ii) to control such conduct, 6
(e) an official caution should have been given instead of a 7
penalty notice, having regard to the relevant guidelines 8
under section 19A, 9
(f) any other ground prescribed by the regulations. 10
(3) A reviewing agency may, at its discretion, also decide to 11
withdraw a penalty notice on a ground other than those specified 12
in subsection (2). 13
(4) A reviewing agency is to notify the applicant in writing of the 14
outcome of the review within 42 days of receipt of the 15
application, or within 56 days if additional information has been 16
requested under this Division. 17
24F Action to be taken if decision to issue penalty notice is confirmed 18
(1) If, after a review under this Division, a reviewing agency 19
confirms a decision to issue a penalty notice in respect of an 20
offence by a person, it must, in accordance with Division 3, serve 21
a penalty reminder notice in respect of the offence on the person. 22
(2) A penalty reminder notice served under subsection (1) replaces 23
any previous penalty reminder notice in respect of the offence. 24
(3) If a penalty reminder notice served under subsection (1) replaces 25
a previous penalty reminder notice, the time for serving the 26
statement under section 36 (2) (a) continues to be the time 27
specified in the penalty reminder notice that has been replaced. 28
24G Effect of withdrawal of penalty notice 29
(1) If a reviewing agency withdraws a penalty notice, following a 30
review under this Division or otherwise, it may, if it considers it 31
appropriate to do so, give an official caution to the person in 32
accordance with Division 1A as if it were an appropriate officer. 33
(2) If a penalty notice is withdrawn: 34
(a) any penalty reminder notice, in respect of the offence to 35
which the penalty notice relates, is also taken to be 36
withdrawn, and 37
Page 8
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
(b) if all or part of the amount under the penalty notice or 1
penalty reminder notice has been paid: 2
(i) any action taken to record demerit points against a 3
person in the demerit points register kept under the 4
Road Transport (Driver Licensing) Act 1998 5
because of that payment is to be reversed by the 6
Roads and Traffic Authority, and 7
(ii) the amount that has been paid is repayable to the 8
person to whom the penalty notice was directed. 9
24H Agency may review a decision on its own motion 10
(1) Nothing in this Division limits the power of a reviewing agency 11
to review a decision to issue a penalty notice, or withdraw a 12
penalty notice, on its own motion. 13
(2) If a reviewing agency withdraws a penalty notice on its own 14
motion after the amount under the penalty notice (or a penalty 15
reminder notice in respect of the offence to which the penalty 16
notice relates) has been paid, no person is liable to any further 17
proceedings for the alleged offence. 18
24I Review terminated if matter dealt with by court 19
If a person elects to have a matter dealt with by a court under this 20
Part while a review under this Division is in progress, the review 21
is terminated on the person making that election. 22
24J Reviewing agencies may enter into arrangements with respect to 23
functions under Division 24
A reviewing agency may enter into arrangements with another 25
person or body under which the functions of the agency under 26
this Division are exercised by that person or body on behalf of the 27
agency. 28
[11] Section 27 What a penalty reminder notice must say 29
Insert after section 27 (1) (a): 30
(a1) of the steps to be taken for seeking a review of the decision 31
to issue the penalty notice, and 32
[12] Section 42 When a penalty notice enforcement order may be made 33
Insert after section 42 (1) (a): 34
(a1) any review to be conducted under Division 2A has been 35
completed and the applicant has been notified of the 36
outcome of the review, and 37
Page 9
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
[13] Section 42 (1) (b) 1
Omit the paragraph. Insert instead: 2
(b) a penalty reminder notice has been served on the person: 3
(i) after the end of the time specified in the penalty 4
notice as the time within which the amount payable 5
under the notice may be paid, or 6
(ii) if a review has been conducted under Division 2A, 7
after that review, and 8
[14] Section 42 (1AA)(1CC) 9
Insert after section 42 (1): 10
(1AA) Despite subsection (1), the State Debt Recovery Office may also 11
make a penalty notice enforcement order if it receives, in respect 12
of an amount owed by a person under a penalty notice, an 13
application by the person: 14
(a) for an order under section 100 (Time to pay) in relation to 15
the amount and the person is in receipt of a Government 16
benefit, or 17
(b) for a work and development order in relation to the 18
amount. 19
(1BB) The State Debt Recovery Office is not to make a penalty notice 20
enforcement order under subsection (1AA) unless it determines 21
to make the order under section 100, or the work and 22
development order, sought by the person. 23
(1CC) On the making of an order under subsection (1AA): 24
(a) the person who has been served with the penalty notice to 25
which the order relates can no longer elect to have the 26
matter dealt with by a court in accordance with section 27
23A, and 28
(b) the decision to issue the penalty notice can no longer be 29
reviewed under Division 2A. 30
[15] Section 42 (1A) (c) 31
Insert at the end of section 42 (1A) (b): 32
, or 33
(c) if a review has been conducted under Division 2A and a 34
penalty reminder notice has been served under section 35
24F (1)--42 days after service of that notice. 36
Page 10
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
[16] Section 42 (1B) 1
Insert after section 42 (1A): 2
(1B) If more than one date is applicable under subsection (1A), the 3
later of those dates is the relevant date for the purposes of that 4
subsection. 5
[17] Section 42 (2) (a) 6
Insert ", or the relevant matters in subsection (1AA)," after "(1) (d))". 7
[18] Section 46 Withdrawal of order 8
Insert at the end of section 46 (2): 9
Note. Section 49A (5) also requires a penalty notice enforcement order 10
to be withdrawn if an issuing agency determines that a penalty notice 11
should be withdrawn following a review under section 49A. 12
[19] Section 49A 13
Omit the section. Insert instead: 14
49A Review of penalty notice before annulment 15
(1) Before it annuls a penalty notice enforcement order, the State 16
Debt Recovery Office is to seek a review of the decision to issue 17
each penalty notice to which the penalty notice enforcement 18
order applies if: 19
(a) it has reason to suspect that the penalty notice should be 20
withdrawn having regard to any of the matters set out in 21
section 24E (2), and 22
(b) a review of the decision to issue the penalty notice has not 23
been conducted under this section or Division 2A. 24
(2) A review is to be conducted by the relevant issuing agency. 25
(3) A review is to be dealt with in the absence of the parties, unless 26
the issuing agency otherwise determines. 27
(4) The issuing agency must notify the applicant for the annulment 28
and the State Debt Recovery Office of its determination on the 29
review of the decision to issue the penalty notice. 30
(5) If the issuing agency determines that a penalty notice should be 31
withdrawn (in whole or in part), the State Debt Recovery Office 32
must withdraw the penalty notice enforcement order (in whole or 33
in part) under section 46. 34
(6) The State Debt Recovery Office must, if a penalty notice is not 35
withdrawn on review or there is no decision on a review within 36
Page 11
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
42 days after referral for review, grant the application for 1
annulment and annul the penalty notice enforcement order under 2
section 49. 3
(7) An issuing agency may enter into arrangements with another 4
person or body (including the State Debt Recovery Office) under 5
which the functions of the issuing agency under this section are 6
exercised by that person or body on behalf of the issuing agency. 7
[20] Section 57 Application and interpretation 8
Insert "and any other amount of a kind prescribed by the regulations" after 9
"order" in section 57 (4). 10
[21] Section 58 Summary of enforcement procedure 11
Insert "or make a work and development order in respect of the fine defaulter 12
for the purposes of satisfying all or part of the fine" after "unpaid fines" in 13
section 58 (1) (g). 14
[22] Part 4, Division 8 15
Omit the heading to Division 8. Insert instead: 16
Division 8 Fine mitigation 17
Subdivision 1 Work and development orders 18
99A Definitions 19
In this Subdivision: 20
approved organisation means a person or body approved by the 21
Director-General of the Attorney General's Department. 22
approved person, in relation to a work and development order, 23
means: 24
(a) an approved organisation, or 25
(b) if the work and development order involves medical or 26
mental health treatment, a health practitioner qualified to 27
provide that treatment. 28
health practitioner means: 29
(a) a registered medical practitioner, or 30
(b) a registered psychologist, or 31
(c) a nurse within the meaning of the Nurses and Midwives Act 32
1991. 33
Page 12
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
work and development order means an order made under this 1
Subdivision requiring a person to do any one or more of the 2
following in order to satisfy all or part of a fine: 3
(a) undertake unpaid work for, or on behalf of, an approved 4
organisation (but only with the agreement of that 5
organisation), 6
(b) undergo medical or mental health treatment in accordance 7
with a health practitioner's treatment plan, 8
(c) undertake an educational, vocational or life skills course, 9
(d) undergo financial or other counselling, 10
(e) undergo drug or alcohol treatment, 11
(f) if the person is under 25 years of age, undertake a 12
mentoring program. 13
99B Making an order 14
(1) A work and development order may be made by the State Debt 15
Recovery Office with respect to a person in relation to all or part 16
of an unpaid fine if: 17
(a) a fine enforcement order has been made with respect to the 18
person in relation to the fine, and 19
(b) the person has an intellectual disability, a mental illness or 20
a cognitive impairment, is homeless or is experiencing 21
acute economic hardship, and 22
(c) a community service order is not in force against the fine 23
defaulter in respect of the fine, and 24
(d) an application is made in accordance with this 25
Subdivision. 26
(2) An application for an order is to: 27
(a) be made to the State Debt Recovery Office by or on behalf 28
of the person, and 29
(b) be supported by each approved person who is to supervise 30
the person in complying with the order, and 31
(c) set out the grounds for making the order (including 32
supporting evidence), the activities that are proposed to be 33
carried out under the order and a proposed time for the 34
completion of those activities. 35
(3) An application may be made in anticipation of a fine enforcement 36
order being made with respect to the person in relation to the fine. 37
Page 13
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
(4) If the regulations prescribe a maximum number of work and 1
development orders that may be made in any particular period, 2
the State Debt Recovery Office is not to make an order during 3
that period if satisfied that the number of such orders will exceed 4
the number prescribed (even if directed to do so by the Hardship 5
Review Board under section 101B (6)). 6
(5) If the State Debt Recovery Office determines to make an order, it 7
is to make it in such terms as are agreed between it, the applicant 8
and each approved person. 9
(6) An order is to specify: 10
(a) the value of the activities that are to be undertaken under 11
the order for the purposes of satisfying the fine to which 12
the order relates, and 13
(b) the nature of any unpaid work that may be required under 14
the order. 15
(7) No enforcement action is to be taken against a person under this 16
Part in respect of a fine to which a work and development order 17
relates while the order is in force. 18
99C Variation or revocation of order 19
(1) The State Debt Recovery Office may vary or revoke a work and 20
development order: 21
(a) if requested to do so by or on behalf of the person subject 22
to the order, or 23
(b) if it is satisfied that the person subject to the order has 24
failed, without reasonable excuse, to comply with the 25
order. 26
(2) The State Debt Recovery Office is not to take action under 27
subsection (1) (b) unless it has taken reasonable steps to consult 28
with the person subject to the order and each approved person in 29
relation to the order. 30
(3) An order ceases to be in force when it is revoked. 31
99D No appeal except to Hardship Review Board 32
Except as provided by section 101B, an appeal does not lie in 33
respect of the making of, the failure to make or the varying or 34
revocation of, a work and development order. 35
Page 14
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
99E Satisfaction of order 1
(1) If a person subject to a work and development order: 2
(a) complies with the order, the fine, or the part of the fine, to 3
which the order relates is taken to be satisfied, or 4
(b) pays the fine (or the unsatisfied balance of the fine having 5
regard to the activities already undertaken under the 6
order), the order is taken to be satisfied. 7
(2) If a person subject to a work and development order complies 8
with some but not all of the activities required by the order, the 9
fine, or the part of the fine, to which the order relates is taken to 10
be satisfied by the value of the activities that have been 11
undertaken at the rate or rates set out in the order. 12
99F Civil liability 13
(1) In this section: 14
person involved, in relation to unpaid work under a work and 15
development order, includes any person (including a 16
corporation): 17
(a) for whose benefit that work is performed, or 18
(b) who directs or supervises that work, specifies its terms or 19
conditions or controls it, or 20
(c) who owns or occupies the premises or land on which that 21
work is performed, 22
but does not include the person by whom the work is performed. 23
(2) No act or omission of a person by whom unpaid work under a 24
work and development order is performed gives rise to civil 25
liability on the part of any person involved in that work if the act 26
or omission occurs in the course of that work. 27
(3) No act or omission of a person involved in unpaid work under a 28
work and development order gives rise to civil liability to the 29
person by whom the work is performed on the part of the person 30
so involved if the act or omission occurs in the course of that 31
work. 32
(4) A civil action that would, but for subsection (2) or (3), lie against 33
a person involved in unpaid work lies instead against the Crown. 34
(5) Subsections (2) and (4) do not apply to an act or omission if it 35
was, or was a necessary part of, an act or omission that was 36
expressly required by the person involved in that work but was 37
not necessary to carry out the work specified in the work and 38
development order. 39
Page 15
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
(6) Subsections (3) and (4) do not apply to an act or omission if: 1
(a) the work concerned was not work specified in the work 2
and development order, or 3
(b) the act or omission concerned was, or was a necessary part 4
of, an act or omission intended to cause injury, loss or 5
damage. 6
(7) It is a term of a work and development order that the person 7
subject to the order must disclose as soon as possible to the State 8
Debt Recovery Office and to each approved person: 9
(a) any medical, physical or mental condition of which the 10
person is aware (being a condition of a kind that the person 11
is aware substantially increases the risk to the person of 12
injury in performing work of any kind), and 13
(b) any substantial change in that condition. 14
(8) The State Debt Recovery Office may, on behalf of the Crown, 15
settle any action that lies against the Crown because of this 16
section, and may do so on such terms as it thinks fit. 17
99G Persons performing work under orders not workers 18
A person who undertakes unpaid work under a work and 19
development order is not to be taken to be employed by, or in a 20
contract of services with, the Crown or any other person and is 21
not: 22
(a) a worker for the purposes of the Workers Compensation 23
Act 1987, the Workplace Injury Management and Workers 24
Compensation Act 1998, the Annual Holidays Act 1944 or 25
the Long Service Leave Act 1955, or 26
(b) an employee (however described) for the purposes of the 27
Industrial Relations Act 1996 or any other Act or law. 28
99H Delegation by approved persons 29
An approved person (other than an individual) may delegate any 30
of the approved person's functions under this Subdivision with 31
respect to a work and development order to an officer or 32
employee, other than this power of delegation. 33
99I Guidelines 34
The Attorney General, in consultation with the Treasurer, is to 35
issue guidelines with respect to work and development orders and 36
the State Debt Recovery Office is to have regard to those 37
guidelines in the exercise of any of its functions under this 38
Subdivision. 39
Page 16
Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
99J Regulations 1
(1) The regulations may make provision for or with respect to work 2
and development orders. 3
(2) Without limiting subsection (1), the regulations may prescribe a 4
date after which applications for work and development orders 5
can no longer be made. 6
Subdivision 2 Time to pay and writing off fines 7
[23] Section 100 Time to pay 8
Insert after section 100 (1): 9
(1A) Despite subsection (1), an application for time to pay a fine may 10
be made by a person in receipt of a Government benefit in respect 11
of a fine before a fine enforcement order is made in the matter. 12
[24] Section 100 (3A) 13
Insert after section 100 (3): 14
(3A) In particular, the State Debt Recovery Office may allow a person 15
in receipt of a Government benefit to pay the fine in instalments, 16
as a regular direct debit from that benefit, if: 17
(a) it is satisfied that adequate arrangements are in place for 18
such a regular payment to be made, and 19
(b) it agrees to the fine being paid in this manner. 20
[25] Section 101 Unpaid fines may be written off 21
Insert ", in whole or in part," after "write off" wherever occurring in section 22
101 (1A) and (1B). 23
[26] Section 101 (2) 24
Omit "Any such guidelines". 25
Insert instead "Guidelines issued under section 120". 26
[27] Section 101 (3) 27
Omit "An unpaid". Insert instead "Any part of an unpaid". 28
[28] Section 101 (4) 29
Insert "any part of" after "subsection (3),". 30
Page 17
Fines Further Amendment Bill 2008
Schedule 1 Amendment of Fines Act 1996
[29] Part 4, Division 8, Subdivision 3, heading 1
Insert before section 101A: 2
Subdivision 3 Hardship Review Board 3
[30] Section 101B Reviews by Hardship Review Board 4
Omit section 101B (1). Insert instead: 5
(1) The Hardship Review Board may, on an application by or on 6
behalf of a fine defaulter, review a decision by the State Debt 7
Recovery Office with respect to the following: 8
(a) the making of, the failure to make or the varying or 9
revocation of, a work and development order, 10
(b) the making of, or the failure to make, an order under 11
section 100, 12
(c) the writing off or the failure to write off, the whole or part 13
of, an unpaid fine. 14
[31] Section 101B (6) 15
Omit the subsection. Insert instead: 16
(6) On a review, the Hardship Review Board may direct the State 17
Debt Recovery Office to do any one or more of the following in 18
respect of the fine defaulter on such terms as the Board may 19
direct: 20
(a) make, revoke or vary a work and development order, 21
(b) make, revoke or vary an order under section 100, 22
(c) write off, in whole or in part, an unpaid fine. 23
[32] Section 101B (7) 24
Omit "100 or section". Insert instead "99B, 100 or". 25
[33] Part 4, Division 9, heading 26
Insert after section 101C: 27
Division 9 Miscellaneous 28
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Fines Further Amendment Bill 2008
Amendment of Fines Act 1996 Schedule 1
[34] Section 128 Regulations 1
Insert after section 128 (2): 2
(3) The regulations may make provision for or with respect to the 3
waiver, postponement or refund of any costs or fees payable 4
under this Act. 5
[35] Schedule 3 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Fines Further Amendment Act 2008 8
[36] Schedule 3 9
Insert at the end of the Schedule with appropriate Part and clause numbering: 10
Part Provisions consequent on enactment of 11
Fines Further Amendment Act 2008 12
Definition 13
In this Part: 14
amending Act means the Fines Further Amendment Act 2008. 15
Internal review 16
A person may apply for a review under Division 2A of Part 3 of 17
a decision to issue a penalty notice in respect of a penalty notice 18
issued before the commencement of that Division, if the 19
application for review is made after that commencement and 20
before the date for payment under any penalty reminder notice 21
served on the person in respect of the offence to which the penalty 22
notice relates. 23
Work and development orders 24
A person may apply for a work and development order under 25
Subdivision 1 of Division 8 of Part 4 in respect of an amount 26
owing before the commencement of that Subdivision. 27
Write off of fines 28
Sections 101 and 101B, as amended by the amending Act, extend 29
to a fine imposed before the commencement of those 30
amendments. 31
Page 19
Fines Further Amendment Bill 2008
Schedule 2 Amendment of other Acts and Regulations
Schedule 2 Amendment of other Acts and 1
Regulations 2
(Section 4) 3
2.1 Crimes (Administration of Sentences) Act 1999 No 93 4
Section 257 Disclosure of information 5
Insert after section 257 (1) (d): 6
(d1) to the State Debt Recovery Office in connection with the 7
administration or execution of the Fines Act 1996 8
(including for the purpose of the imposition, 9
administration or enforcement of a fine), or 10
2.2 Fines Regulation 2005 11
[1] Whole regulation 12
Omit all Part headings. 13
[2] Clause 4 Enforcement costs under court fine enforcement orders: 14
section 16 15
Omit the clause. 16
[3] Clause 5 Enforcement costs 17
Omit "The following enforcement costs are payable under a penalty notice 18
enforcement order" from clause 5 (1). 19
Insert instead "For the purposes of sections 16 (1) and 44 (1) of the Act, the 20
costs payable under a fine enforcement order are as follows". 21
[4] Clause 5 (1A) 22
Insert after clause 5 (1): 23
(1A) No fee is payable under subclause (1) (a) if the fine enforcement 24
order is made under section 14 (1A) or 42 (1AA) of the Act. 25
[5] Clause 6 Applications for annulment of penalty notice enforcement 26
orders: section 48 27
Omit clause 6 (2). 28
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Fines Further Amendment Bill 2008
Amendment of other Acts and Regulations Schedule 2
[6] Clause 6A 1
Insert after clause 6: 2
6A State Debt Recovery Office may waive, postpone or refund costs 3
and fees 4
The State Debt Recovery Office may, in such circumstances as it 5
considers appropriate, waive, postpone or refund all or part of 6
any enforcement costs payable under clause 5 or application fees 7
payable under clause 6. 8
[7] Clause 7 Applications to Local Court for redetermination of applications 9
for annulment of penalty notice enforcement orders: section 50 10
Omit "remit" from clause 7 (2). Insert instead "refund". 11
[8] Clause 7A 12
Insert after clause 7: 13
7A Postponed application fee payable as part of fine 14
(1) For the purposes of section 57 (4) of the Act, an application fee 15
that has been postponed under clause 6A or 7 in relation to a 16
penalty notice enforcement order is prescribed as a fine unless the 17
order is annulled. 18
(2) A fee referred to in subclause (1) is to be added to, and payable 19
as part of, the fine to which the penalty notice enforcement order 20
relates. 21
[9] Clauses 10A and 10B 22
Insert after clause 10: 23
10A Maximum number of work and development orders 24
(1) For the purposes of section 99B (4) of the Act, 2,000 is the 25
maximum number of work and development orders that may be 26
made during the period of 2 years that commences on the 27
commencement of Subdivision 1 of Division 8 of Part 4 of the 28
Act. 29
(2) If more than one work and development order is made in respect 30
of the same person during the period referred to in subclause (1), 31
those orders are to count as one order for the purposes of that 32
subclause. 33
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Fines Further Amendment Bill 2008
Schedule 2 Amendment of other Acts and Regulations
10B Expiry of trial period for work and development orders 1
For the purposes of section 99J (2) of the Act, an application for 2
a work and development order cannot be made after the day that 3
is the second anniversary of the commencement of Subdivision 1 4
of Division 8 of Part 4 of the Act. 5
2.3 Road Transport (Driver Licensing) Act 1998 No 99 6
[1] Section 25A Offences committed by disqualified drivers or drivers 7
whose licences are suspended or cancelled 8
Insert "(otherwise than under section 66 of the Fines Act 1996)" after "licence 9
is suspended" in section 25A (2). 10
[2] Section 25A (3) 11
Insert "(otherwise than under section 66 of the Fines Act 1996)" after "licence 12
is cancelled". 13
[3] Section 25A (3A) and (3B) 14
Insert after section 25A (3): 15
(3A) A person whose driver licence is suspended or cancelled under 16
section 66 of the Fines Act 1996 must not: 17
(a) in the case of a suspended licence: 18
(i) drive on a road or road related area a motor vehicle 19
of the class to which the suspended driver licence 20
relates, or 21
(ii) make an application for a driver licence during the 22
period of suspension for a motor vehicle of the class 23
to which the suspended driver licence relates and in 24
respect of such an application state his or her name 25
falsely or incorrectly or omit to mention the 26
suspension, or 27
(b) in the case of a cancelled licence: 28
(i) drive on a road or road related area a motor vehicle 29
of the class to which the cancelled licence related 30
without having subsequently obtained a driver 31
licence for a motor vehicle of that class, or 32
(ii) make an application for a driver licence for a motor 33
vehicle of the class to which the cancelled licence 34
related and in respect of the application state his or 35
Page 22
Fines Further Amendment Bill 2008
Amendment of other Acts and Regulations Schedule 2
her name falsely or incorrectly or omit to mention 1
the cancellation. 2
Maximum penalty: 30 penalty units or imprisonment for 3
18 months or both (in the case of a first offence) or 50 penalty 4
units or imprisonment for 2 years or both (in the case of a second 5
or subsequent offence). 6
(3B) In determining any penalty or period of disqualification to be 7
imposed on a person for an offence under subsection (3A), a 8
court must take into account the effect the penalty or period of 9
disqualification will have on the person's employment and the 10
person's ability to pay the outstanding fine that caused the 11
person's driver licence to be suspended or cancelled. 12
[4] Section 25A (4) 13
Insert "or (3A) (b) (ii)" after "(3) (b)". 14
[5] Section 25A (5) 15
Omit "and (3) (a)". Insert instead ", (3) (a) and (3A) (a) (ii)". 16
[6] Section 25A (6) (a), (7) and (10) (b) 17
Omit "(2) or (3) (a)" wherever occurring. Insert instead "(2), (3) (a) or (3A)". 18
[7] Section 25A (10) (a1) 19
Insert after section 25A (10) (a): 20
(a1) in the case of a first offence under subsection (3A)-- 21
3 months, or 22
[8] Schedule 3 Savings, transitional and other provisions 23
Insert at the end of clause 1 (1): 24
Fines Further Amendment Act 2008 (to the extent that it amends 25
this Act) 26
[9] Schedule 3 27
Insert at the end of the Schedule with appropriate Part and clause numbering: 28
Part Provisions consequent on enactment of 29
Fines Further Amendment Act 2008 30
Offences under section 25A 31
The amendments made to section 25A by Schedule 2.3 to the 32
Fines Further Amendment Act 2008 do not apply to or in respect 33
Page 23
Fines Further Amendment Bill 2008
Schedule 2 Amendment of other Acts and Regulations
of an offence committed or alleged to have been committed 1
before the commencement of those amendments and that section, 2
as in force immediately before those amendments were made, 3
continues to apply in respect of any such offence. 4
2.4 Road Transport (Driver Licensing) Regulation 2008 5
Section 102 Other exemptions from licensing 6
Omit "and (3) (a)" from clause 102 (2). Insert instead ", (3) (a) and (3A) 7
(a) (ii)". 8
Page 24
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