New South Wales Consolidated Acts

FINES ACT 1996 - SECT 76A

76A Sheriff’s additional costs of taking enforcement action under this Division

(1) The costs and expenses reasonably incurred by the Sheriff in taking enforcement action under this Division and approved by the State Debt Recovery Office are enforcement costs payable by the fine defaulter under the fine enforcement order.

(2) The amount of those costs and expenses is to be determined in accordance with the scale applicable to the enforcement of judgment debts under the Civil Procedure Act 2005 , but is to be reduced by any amount prescribed under section 16 (2) (c) or 44 (2) (c) as payable to the Consolidated Fund.

(3) For the purposes of this section, the State Debt Recovery Office has the functions of the registrar of the relevant court with respect to the approval of those costs and expenses.

(4) Enforcement costs recoverable under this section are payable to the Sheriff and not to the Consolidated Fund.

(5) The power of the Local Court to review a decision of a registrar of the court in respect of any such enforcement costs applies to a decision of the State Debt Recovery Office under this section.

Note: Enforcement costs payable under a fine enforcement order form part of the fine-see section 57 (4).