New South Wales Consolidated Acts

FINES ACT 1996 - SECT 65

65 When enforcement action taken under this Division

(1) Enforcement action is to be taken against a fine defaulter under this Division if:

(a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or

(b) the State Debt Recovery Office has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or

(c) the State Debt Recovery Office has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Office.

(2) The Roads and Traffic Authority is to take that enforcement action when it is directed by the State Debt Recovery Office to do so.

(3) Despite subsections (1) and (2), enforcement action with respect to a fine defaulter’s driver licence is not to be taken under this Division if:

(a) the offence:

(i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or

(ii) in respect of which the penalty notice from which the fine concerned arises was served on the fine defaulter,

occurred while the fine defaulter was under the age of 18 years, and

(b) the offence is not a traffic offence.

(4) The Roads and Traffic Authority is to cease enforcement action when directed to do so by the State Debt Recovery Office.

(4A) If the Roads and Traffic Authority has taken fine enforcement action against a fine defaulter who is granted a first extension of time under this Act for payment of the fine, and the fine defaulter pays 6 instalments in accordance with the extension of time:

(a) the State Debt Recovery Office must direct the Roads and Traffic Authority to cease the enforcement action, and

(b) the Roads and Traffic Authority is to cease the enforcement action.

(4B) The State Debt Recovery Office may direct the Roads and Traffic Authority to recommence enforcement action in respect of a fine defaulter referred to in subsection (4A) if the fine defaulter fails to pay any further instalment in accordance with the extension of time to pay.

(5) The State Debt Recovery Office may direct the Roads and Traffic Authority to cease enforcement action under this Division even if a fine defaulter has not paid all outstanding fines under any fine enforcement order.

(6) In this section:
"traffic offence" means:

(a) an offence arising under a provision of the following Acts in respect of the use, standing or parking of a motor vehicle:

(i) the road transport legislation within the meaning of the Road Transport (General) Act 2005 ,

(ii) the Roads Act 1993 ,

(iii) the Motor Vehicles (Third Party Insurance) Act 1942 ,

(iv) the Recreation Vehicles Act 1983 , or

(b) an offence arising under a provision of any other law in respect of the standing or parking of a motor vehicle.

Note: If the fine defaulter does not hold a driver licence or is not the registered operator of a vehicle, enforcement action can be taken instead under Division 4 (Civil enforcement).