New South Wales Consolidated Acts

FINES ACT 1996 - SECT 49A

49A Review of penalty notice where doubt as to liability

(1) Before the State Debt Recovery Office annuls a penalty notice enforcement order made against a person on the ground that a question or doubt has arisen as to the person’s liability for the penalty or other amount concerned, it must refer the matter to the appropriate officer who applied for the order or the person or body on behalf of whom the penalty notice was issued (the "prosecuting authority").

(2) The prosecuting authority must review the matter to determine whether a penalty notice to which the penalty notice enforcement order applies should be withdrawn.

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

(4) The prosecuting authority must notify the applicant for the annulment and the State Debt Recovery Office of its determination on the review of the penalty notice.

(5) If the prosecuting authority determines that a penalty notice should be withdrawn (in whole or in part), the State Debt Recovery Office must withdraw the penalty notice enforcement order (in whole or in part) under section 46.

(6) The State Debt Recovery Office must, if a penalty notice is not withdrawn on review or there is no decision on a review within 42 days after referral for review, grant the application for annulment and annul the penalty notice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