New South Wales Consolidated Acts

FINES ACT 1996 - SECT 17

17 Withdrawal of order

(1) The State Debt Recovery Office may, on application or its own initiative, withdraw a court fine enforcement order if satisfied that:

(a) a fine to which it applies has previously been the subject of a court fine enforcement order in respect of which any enforcement action has been taken, or

(b) the person named in the court fine enforcement order is not the same person as the person in respect of whom a fine to which it applies was imposed, or

(c) the order was otherwise made in error.

(2) A court fine enforcement order must be withdrawn if application for its withdrawal is made by the registrar who referred the matter to the State Debt Recovery Office.

(3) A court fine enforcement order may be withdrawn completely or only to the extent of some of the fines to which it applies.

(4) If a court fine enforcement order is withdrawn completely:

(a) the order then ceases to have effect, and

(b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under another court fine enforcement order or penalty notice enforcement order, and

(c) enforcement costs are not payable in respect of the issue of the order and, if paid, are repayable.

(4A) If a court fine enforcement order is withdrawn only to the extent of some of the fines to which it applies:

(a) the order continues to have effect in respect of the remaining fines to which it applies, and

(b) any amount that has been paid under the order is to be applied to payment of the remaining fines to which it applies and any enforcement costs in respect of that order.

(5) The withdrawal of a court fine enforcement order does not prevent the making of a further order in respect of the fine.

(6) Despite subsections (4) and (4A), if a court fine enforcement order is withdrawn (whether completely or only to the extent of some of the fines to which it applies), any amount paid under the order that would otherwise be repayable to a person may instead be allocated by the State Debt Recovery Office towards the payment of amounts payable under any other fine enforcement order that is in force in relation to the person.

(7) The State Debt Recovery Office must notify the person concerned of any allocation made under subsection (6), but a failure to notify the person does not affect that allocation.