New South Wales Consolidated Acts

FINES ACT 1996 - SECT 42

42 When a penalty notice enforcement order may be made

(1) A penalty notice enforcement order may be made only if:

(a) a penalty notice has been served on a person in relation to a particular offence referred to in the order, and

(b) a penalty reminder notice has been served on the person after the end of the time specified in the penalty notice as the time within which the amount payable under the notice may be paid, and

(c) the due date specified in the penalty reminder notice has passed, and

(d) the full amount payable under the penalty notice had not been paid before the order is made, and

(e) the person has not, in accordance with this Part, declined to be dealt with under this Part, and

(f) a court attendance notice in relation to the offence has not been issued, and

(h) the facts as alleged in or referred to in the order constitute the offence.

(1AA) Despite subsection (1), the State Debt Recovery Office may also make a penalty notice enforcement order if it receives, in respect of an amount owed by a person under a penalty notice, an application by the person:

(a) for an order under section 100 (Time to pay) in relation to the amount and the person is in receipt of a Government benefit, or

(b) for a work and development order in relation to the amount.

(1BB) The State Debt Recovery Office is not to make a penalty notice enforcement order under subsection (1AA) unless it determines to make the order under section 100, or the work and development order, sought by the person.

(1CC) On the making of an order under subsection (1AA):

(a) the person who has been served with the penalty notice to which the order relates can no longer elect to have the matter dealt with by a court in accordance with section 23A, and

(1A) A penalty notice enforcement order may not be made later than:

(a) if the applicable limitation period in relation to the offence is less than 12 months-12 months from when the offence was committed or is alleged to have been committed, or

(b) if the applicable limitation period in relation to the offence is 12 months or greater-the expiry of that limitation period.

(2) An application for a penalty notice enforcement order made by an appropriate officer must certify:

(a) that the matters specified in subsection (1) (other than subsection (1) (d)) are satisfied, and

(b) that the full amount payable under the penalty notice has not been paid, and

(c) that the period for making the order (as referred to in subsection (1A)) has not expired.

(2A) The State Debt Recovery Office may rely on the certificate for the purpose of making the order.

(3) A penalty notice enforcement order may be made in the absence of, and without notice to, the person concerned.