New South Wales Consolidated Acts

FINES ACT 1996 - SECT 49

49 Determination of applications by State Debt Recovery Office

(1) When dealing with an application for annulment, the State Debt Recovery Office:

(a) must annul the penalty notice enforcement order if it is satisfied that:

(i) the person was not aware that a penalty notice had been issued until the enforcement order was served, but only if the application was made within a reasonable time after that service, or

(ii) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only if the application was made within a reasonable time after the person ceased being so hindered, or

(iii) the penalty reminder notice was, or both the penalty notice and the penalty reminder notice, in relation to a particular offence were, returned as being undelivered to its sender after being sent to the person at the person’s recently reported address (within the meaning of section 126A) and notice of the enforcement order was served on the person at a different address, and

(b) may annul the penalty notice enforcement order if:

(i) it is satisfied that a question or doubt has arisen as to the person’s liability for the penalty or other amount concerned, but only if the person had no previous opportunity to obtain a review of that liability, or

(ii) having regard to the circumstances of the case, it is satisfied that there is other just cause why the application should be granted.

(2) The State Debt Recovery Office must not annul a penalty notice enforcement order under subsection (1) (b) (ii) if doing so is not permitted under, or would circumvent the restrictions in, subsection (1) (a) or (b) (i).

(3) If the State Debt Recovery Office annuls a penalty notice enforcement order under subsection (1) (a), it must refer the matter to the Local Court unless:

(a) the person concerned does not dispute the person’s liability to pay the amount payable under the penalty notice, and

(b) that amount was paid to the State Debt Recovery Office at the time of making the application for the annulment of the order.

(3A) For the avoidance of doubt, payment of the full amount under a penalty notice under subsection (3) results in there being no further liability for further proceedings for the offence to which the notice relates.

(3B) If the State Debt Recovery Office annuls a penalty notice enforcement order under subsection (1) (b), it must refer the matter to a Local Court.

Note: Section 51 provides that the Local Court is to hear and determine the alleged offence as if no penalty notice enforcement order had been made.

(4) Applications for annulment are to be dealt with by the State Debt Recovery Office in the absence of the parties, unless that Office otherwise determines.

(5) The State Debt Recovery Office must give notice of the determination of an application for annulment to all parties interested or concerned.

(6) The regulations may make provision for or with respect to the practice and procedure of the State Debt Recovery Office when dealing with applications for annulment.

(7) The State Debt Recovery Office may, but is not required to, refund any application fee for an application for an annulment that is successful.

(8) For the avoidance of doubt, the State Debt Recovery Office may grant an application for annulment (and annul the penalty notice enforcement order) on the ground that the person was not aware that a penalty notice had been issued until the enforcement order was served even if section 126A (1) permitted the issue and service of a penalty reminder notice in relation to a particular offence referred to in the enforcement order or section 126A (2) permitted the making of the penalty notice enforcement order (or both).