FINES ACT 1996 - As at 30 October 2023 - Act 99 of 1996
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 (Repealed)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
Subdivision 1 - Preliminary
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)
None
Division 7 - Bodies corporate
98. Application of civil and other enforcement procedures
99. Modification of enforcement procedures
Division 8 - Fine mitigation
Subdivision 1 - Work and development orders
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
Note
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)
None
Schedule 2 (Repealed)
SCHEDULE 3
