New South Wales Consolidated Acts

FINES ACT 1996 - SECT 101

101 Unpaid fines may be written off

(1) After a fine enforcement order is made and before a community service order is issued in the matter, an application to have the fine written off may be made to the State Debt Recovery Office by the fine defaulter.

(1A) The State Debt Recovery Office may, on the application of a fine defaulter or at its own discretion, write off, in whole or in part, an unpaid fine:

(a) if it is satisfied that, due to any or all of the financial, medical or personal circumstances of the fine defaulter:

(i) the fine defaulter does not have sufficient means to pay the fine and is not likely to have sufficient means to pay the fine, and

(ii) enforcement action under Division 4 has not been or is unlikely to be successful in satisfying the fine, and

(iii) the fine defaulter is not suitable to be subject to a community service order under Division 5, or

(b) in accordance with guidelines issued under section 120.

(1B) The State Debt Recovery Office must write off, in whole or in part, an unpaid fine if it is directed to do so by the Hardship Review Board.

(2) Guidelines issued under section 120 are to extend to fine defaulters who do not have the means to pay the fine or sufficient property for civil enforcement and who are not suitable to undertake work under a community service order.

(3) Any part of an unpaid fine that is written off is taken to have been paid for the purpose of cancelling enforcement action under this Act.

(4) Despite subsection (3), any part of an unpaid fine that is written off under this section may be reinstated and enforcement action may be recommenced by the State Debt Recovery Office in respect of the fine defaulter at any time within 5 years after it is written off if:

(a) a further fine enforcement order is made against the fine defaulter, or

(b) the State Debt Recovery Office is satisfied that the fine defaulter has sufficient means to pay the fine, that enforcement action is likely to be successful in satisfying the fine or that the fine defaulter is suitable to be subject to a community service order.