New South Wales Consolidated Acts

FINES ACT 1996 - SECT 46

46 Withdrawal of order

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

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

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

(c) the order relates to the owner of a vehicle or vessel, being a vehicle or vessel involved in an offence the subject of the fine at a time when the owner was not the owner of the vehicle or vessel concerned, or

(d) the order was otherwise made in error.

(2) A penalty notice enforcement order must be withdrawn if application for its withdrawal is made by the appropriate officer who applied for the order.

(3) A penalty notice enforcement order may be withdrawn completely or only to the extent of some of the penalty notices to which it applies.

(4) If a penalty notice enforcement order is withdrawn completely: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 penalty notice enforcement order or a court fine enforcement order, and

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

(d) any amount that has been paid under the order is repayable to the person by whom it was paid.

(5) If a penalty notice enforcement order is withdrawn only to the extent of some of the penalty notices to which it applies:

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

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

(6) The withdrawal of a penalty notice enforcement order does not prevent the making of a further order in respect of the penalty notice.

(7) Despite subsections (4) and (5), if a penalty notice enforcement order is withdrawn (whether completely or only to the extent of some of the penalty notices to which it applies), any amount paid under the order that would otherwise be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.

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