New South Wales Consolidated Acts

FINES ACT 1996 - SECT 49A

49A Review of penalty notice before annulment

(1) Before it annuls a penalty notice enforcement order, the State Debt Recovery Office is to seek a review of the decision to issue each penalty notice to which the penalty notice enforcement order applies if:

(a) it has reason to suspect that the penalty notice should be withdrawn having regard to any of the matters set out in section 24E (2), and

(b) a review of the decision to issue the penalty notice has not been conducted under this section or Division 2A.

(2) A review is to be conducted by the relevant issuing agency.

(3) A review is to be dealt with in the absence of the parties, unless the issuing agency otherwise determines.

(4) The issuing agency must notify the applicant for the annulment and the State Debt Recovery Office of its determination on the review of the decision to issue the penalty notice.

(5) If the issuing agency determines that a penalty notice should be withdrawn (in whole or in part), the State Debt Recovery Office must withdraw the penalty notice enforcement order (in whole or in part) under section 46.

(6) The State Debt Recovery Office must, if a penalty notice is not withdrawn on review or there is no decision on a review within 42 days after referral for review, grant the application for annulment and annul the penalty notice enforcement order under section 49.

(7) An issuing agency may enter into arrangements with another person or body (including the State Debt Recovery Office) under which the functions of the issuing agency under this section are exercised by that person or body on behalf of the issuing agency.