FINES ACT 1996 - As at 30 October 2023 - Act 99 of 1996

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Meaning of "fine"
• 4A Electronic service of penalty notices and other documents

PART 2 - FINES IMPOSED BY COURTS

Division 1 - General

• 5 Summary of procedure for payment of court fines
• 6 Consideration of accused's means to pay

Division 2 - Payment of fines

• 7 When fine payable
• 8 To whom fine payable
• 9 Fine notification
• 10 Application to registrar for further time to pay fine
• 11 Provisions relating to application for further time to pay fine

Division 3 - Court fine enforcement orders

• 12 What is a court fine enforcement order?
• 13 Referral for a court fine enforcement order
• 14 When an order may be made
• 15 Form of court fine enforcement order
• 16 Enforcement costs under order
• 17 Withdrawal of order
• 18 Special provision relating to certain victims support levies

PART 3 - PENALTY NOTICES

Division 1 - Summary of penalty notice procedure

• 19 Summary of penalty notice procedure

Division 1A - Official cautions

• 19A Official caution may be given instead of penalty notice
• 19B Official caution does not affect other powers

Division 2 - Penalty notices

• 20 What is a penalty notice?
• 21 Issue of penalty notices
• 22 Persons who may deal with penalty notices (appropriate officers)
• 22A Effect of payment under penalty notice
• 23 Amount payable under penalty notice
• 23AA Payment of fine before vehicle or vessel offence nomination made--payment by or for nominated person
• 23AB Payment of fine before vehicle or vessel offence nomination made--other cases
• 23A Person may elect to have matter dealt with by court
• 23B Completion of certain activities may be treated as payment
• 24 Failure to pay amount required by penalty notice

Division 2A - Internal review

• 24A Application for review of penalty notice
• 24B Circumstances when agency is not required to conduct a review
• 24C Review by reviewing agency
• 24D Request for additional information
• 24E Outcome of review
• 24F Action to be taken if decision to issue penalty notice is confirmed
• 24G Effect of withdrawal of penalty notice
• 24H Agency may review a decision on its own motion
24I. (Repealed)
• 24J Reviewing agencies may enter into arrangements with respect to functions under Division

Division 3 - Penalty reminder notices

• 25 What is a penalty reminder notice?
• 26 When a penalty reminder notice may be sent
• 27 What a penalty reminder notice must say
• 28 Service of penalty reminder notices
• 29 Time for service of penalty reminder notices by post
• 30 Due date for payment in penalty reminder notices
• 31 Extension of due date if notice takes more than 7 days
• 32 Effect of penalty reminder notice on payment time in penalty notice
• 33 Payment under penalty reminder notice
• 34 Effect of payment under penalty reminder notice
• 35 Alleged offender's right to elect to have matter dealt with by court
• 36 How a person may elect to have matter dealt with by court
• 37 Matter to proceed
• 37A Extension of time limit for taking proceedings if person has elected to have penalty notice matter dealt with by court
• 38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty
• 39 Withdrawal of penalty reminder notices

Division 4 - Penalty notice enforcement orders

• 40 What is a penalty notice enforcement order?
• 41 How are penalty notice enforcement orders made?
• 42 When a penalty notice enforcement order may be made
• 43 Form of penalty notice enforcement order
• 44 Enforcement costs under penalty notice enforcement order
• 45 Effect of making, or of payment under, penalty notice enforcement order

Division 5 - Withdrawal and annulment of penalty notice enforcement orders

• 46 Application for withdrawal of penalty notice enforcement order
• 47 Grounds for withdrawal of penalty notice enforcement order
48-49A. (Repealed)
• 50 Appeal against refusal to withdraw penalty notice enforcement order
• 51 Proceedings in Local Court after withdrawal or annulment of penalty notice enforcement order
• 52 Provisions relating to withdrawal and annulment of penalty notice enforcement orders

Division 6 - Application of Part

• 53 Application of penalty notice procedure to children
• 54 Part not to apply to certain forestry penalty notices
• 55 Regulations may exclude penalty notices from operation of Part
• 56 Other provisions not affected

PART 4 - FINE ENFORCEMENT ACTION

Division 1 - Preliminary

• 57 Application and interpretation
• 58 Summary of enforcement procedure

Division 2 - Service of fine enforcement order

• 59 Service on fine defaulter of notice of order
• 60 What notice must say
• 61 Service of notice
• 62 Service of notices by post
• 63 Final date for payment in notices
• 64 Extension of final date if notice takes more than 7 days
• 64A Amendment of fine enforcement order

Division 3 - Licence and registration enforcement action

• 65 When enforcement action taken under this Division
Subdivision 2 - Suspension or cancellation of New South Wales driver licence or vehicle registration
• 66 Suspension or cancellation of driver licence
66A. (Repealed)
• 67 Cancellation of vehicle registration
• 68 Suspension of dealings with Transport for NSW
• 69 Interim restoration or reinstatement of licence or registration pending appeal etc
69A. (Repealed)
• 70 Effect of enforcement action on vehicle insurance
Subdivision 3 - Suspension of visitor driver and vehicle privileges
• 70A Definitions
• 70B Suspension of visitor privileges
• 70C Interim restoration of visitor privileges
Subdivision 4 - Suspension or cancellation of New South Wales marine safety licence
• 70D Suspension or cancellation of marine safety licences

Division 4 - Civil enforcement

• 71 When enforcement action taken under this Division
• 72 Order to seize property of fine defaulter
• 73 Order to garnishee debts, wages or salary of fine defaulter
• 74 Registration of fine enforcement order as charge on land
• 75 Examination of fine defaulter
• 75A Enforcement of order for examination
• 76 Power of entry to execute property seizure order
• 76A Sheriff's additional costs of taking enforcement action under this Division
• 77 Cancellation of property seizure, garnishee order or charge on land
• 77A Garnishee order refunds in case of hardship

Division 5 - Orders requiring community service

• 78 When orders may be made
• 79 Making of order against fine defaulter
• 80 Service and notice of order
• 80A Provisions relating to service of orders and notice
• 81 Number of hours of community service work
• 82 Satisfaction of orders by payment
• 83 Satisfaction of fine by community service
• 84 Suspension of orders during imprisonment or detention
• 85 Provisions relating to orders
• 86 Revocation of order

Division 6 - (Repealed)

Division 7 - Bodies corporate

• 98 Application of civil and other enforcement procedures
• 99 Modification of enforcement procedures

Division 8 - Fine mitigation

• 99A Definitions
• 99B Making an order
• 99BA Assessments of eligibility for orders and keeping of records
• 99C Variation or revocation of order
• 99D No appeal except to Hardship Review Board
• 99E Satisfaction of order
• 99F Civil liability
• 99G Persons performing work under orders not workers
• 99H Delegation by approved persons
• 99I Work and development guidelines
• 99J Regulations
• 99K Orders may extend to State debt
Subdivision 2 - Time to pay and writing off fines
• 100 Time to pay
• 101 Unpaid fines may be written off
Subdivision 3 - Hardship Review Board 101A. (Repealed)
• 101B Reviews by Hardship Review Board
• 101C Disclosure of information by Hardship Review Board

Division 9 - Miscellaneous

• 102 Disposition of money paid by or recovered from fine defaulters
• 102A Liability of minors for enforcement costs
• 103 Electronic transmission of documents
• 104 Power of person executing order or warrant to demand name and address

PART 5 - RECIPROCAL ENFORCEMENT OF FINES AGAINST BODIES CORPORATE

• 105 Definitions
• 106 Declaration of reciprocating court
• 107 Enforcement of fine imposed by reciprocating court
• 108 Enforcement of New South Wales fine by reciprocating court

PART 5A - INTERSTATE FINE ENFORCEMENT

Division 1 - General

• 108A Definitions
• 108B Relevant connection of offender with a jurisdiction

Division 2 - Enforcement of interstate fines in NSW

• 108C Power to make interstate fine enforcement orders
• 108D Effect of interstate fine enforcement order
• 108E Request for interstate fine enforcement order
• 108F Form of interstate fine enforcement order
• 108G Amendment or withdrawal of request for interstate fine enforcement order
• 108H Amendment or withdrawal of interstate fine enforcement orders
• 108I Effect of amendment or withdrawal of interstate fine enforcement orders
• 108J Enforcement costs payable under interstate fine enforcement orders
• 108K Application of amounts recovered
• 108L Modifications to application of Part 4

Division 3 - Enforcement of NSW fine enforcement orders in participating jurisdictions

• 108M Commissioner may request enforcement of NSW fine enforcement order
• 108N Enforcement action in this jurisdiction prohibited during interstate enforcement action
• 108O Notification of payments made in this jurisdiction

Division 4 - Miscellaneous

• 108P Relationship with Part 5

PART 6 - CIVIL ENFORCEMENT--COSTS AND OTHER PAYMENTS

• 109 Application
• 109A Payment of ancillary money orders
• 110 Enforcement as civil judgments

PART 7 - ENFORCEMENT OF BAIL AGREEMENTS

• 111 Definitions
• 112 Enforcement of forfeited bail money
• 112A Enforcement of forfeited bail security

PART 7A - ENFORCEMENT OF ORDERS FOR RESTITUTION

Division 1 - General

• 112B Definitions
• 112C Restitution amounts taken to be court imposed fines
• 112D Application of Act to restitution amounts
112E. (Repealed)
• 112F Joint and several liability

Division 2 - Attachment of prison earnings

• 112G Enforcement by attachment of prison earnings
• 112H Deductions under attachment order
• 112I Cancellation of attachment order

Division 3 - Miscellaneous

• 112J Effect of appeals
• 112K Payment of money recovered
• 112L Arrangements with Commissioner of Victims Rights

PART 8 - ADMINISTRATION

• 113 Commissioner of Fines Administration
• 114 Functions of Commissioner
115. (Repealed)
• 116 Employees
• 116A Delegation
• 116B Exercise of enforcement functions
• 116C Personal liability
• 117 Access to information held by police and government agencies
• 117AA Access to information held by employers
• 117AB Access to and use of information held by credit reporting bodies
• 117AC Access to information held by authorised deposit-taking institutions
• 117A Disclosure of information by Commissioner
• 117B Confidentiality
• 117C Unlawful disclosure of personal information
• 118 Registration of fine enforcement orders

PART 9 - MISCELLANEOUS

• 119 Act binds Crown
• 119A Penalty notices under this Act
• 120 Guidelines on exercise of functions under this Act
• 121 Fines payable into Consolidated Fund
• 122 Payment of share of fine to prosecutor
• 122A Payment of law enforcement officers' costs and expenses
• 122B Payment of penalty notice amounts received on behalf of others
• 122C Refunds and reallocation of overpayments
• 123 Remission of fines or other penalties
• 124 Royal prerogative preserved
• 125 Abolition of imprisonment as primary enforcement action for fine default
• 126 Abolition of recovery by distress
• 126A Penalty notices and penalty reminder notices sent to recently reported postal address and returned to sender
• 127 Proceedings for offences
• 128 Regulations
• 129 False or misleading information
130-132. (Repealed)

PART 10 - (Repealed)

• SCHEDULE 3