New South Wales Consolidated Acts

FINES ACT 1996 - SECT 58

58 Summary of enforcement procedure

(1) The following is a summary of the enforcement procedure under this Part following the making of a fine enforcement order:

(a) Notice of the fine enforcement order is served on the fine defaulter and the fine defaulter is notified that if payment is not made enforcement action will be taken (see Division 2).

(b) If the fine is not paid within the period specified, the Roads and Traffic Authority suspends any driver licence, and may cancel any vehicle registration, of the fine defaulter. If the driver licence of the fine defaulter is suspended and the fine remains unpaid for 6 months, the Roads and Traffic Authority cancels that driver licence (see Division 3).

(c) If the fine defaulter does not have a driver licence or a registered vehicle or the fine remains unpaid after 6 months, civil action is taken to enforce the fine, namely, a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter (see Division 4).

(d) If civil enforcement action is not successful, a community service order is served on the fine defaulter (see Division 5).

(e) If the fine defaulter does not comply with the community service order, a warrant of commitment is issued to a police officer for the imprisonment of the fine defaulter (except in the case of children). The fine defaulter may apply to serve that period of imprisonment by way of periodic detention (see Division 6).

(f) The procedures for fine enforcement (other than community service orders and imprisonment) apply to fines payable by corporations (see Division 7).

(g) A fine defaulter may seek further time to pay and the State Debt Recovery Office may write off unpaid fines or make a work and development order in respect of the fine defaulter for the purposes of satisfying all or part of the fine. Applications for review may be made to the Hardship Review Board (see Division 8).

(2) This section does not affect the provisions of this Part that it summarises.