New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 131)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActFines Amendment Act 1997Fines Amendment Act 1998State Revenue Legislation Further Amendment Act 2003 (to the extent that it amends this Act)Fines Amendment Act 2004State Revenue Legislation Amendment Act 2005Fines Amendment (Payment of Victims Compensation Levies) Act 2006Fines Amendment Act 2008Fines Further Amendment Act 2008Road Transport Legislation Amendment (Miscellaneous Provisions) Act 2009 (to the extent that it amends this Act)Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 (to the extent that it amends this Act)Fines Amendment (Work and Development Orders) Act 2011
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) During the amnesty period:(a) a warrant of commitment may not be issued under the Justices Act 1902 for non-payment of an amount of money, and(b) any such warrant that has been issued but not executed before the commencement of the amnesty period is not to be executed.
(1A) This clause does not apply to the issue or execution of any such warrant of commitment in relation to a person who, at the time the warrant is issued or executed, is a convicted inmate within the meaning of the Correctional Centres Act 1952 or a person subject to control within the meaning of the Children (Detention Centres) Act 1987 .
(2) This clause does not prevent the making of a community service order in respect of any such warrant of commitment.
(3) Nothing in this clause prevents arrangements being made by the registrar of a court or the State Debt Recovery Office in accordance with this Act for time to pay an existing fine. Any such arrangements made do not affect any suspension or cancellation of a driver licence or vehicle registration.
(4) This clause has effect despite anything to the contrary in the Justices Act 1902 or any other Act.
(5) In this clause:
"amnesty period" means the period after the commencement of this clause and before the commencement of clause 3.
Note: See section 2 of this Act for provisions relating to the commencement of this clause and clause 3.
(1) This Act extends, subject to this Schedule, to a fine imposed by a court before the commencement of this clause or an amount payable under a penalty notice issued before the commencement of this clause.
(2) For the purposes of this Schedule, any such fine or amount is called an "existing fine".
(1) The time for payment of an existing fine imposed by a court is not affected by section 7 and a notice of such an existing fine need not be given under section 9.
(2) However, sections 10 and 11 apply to any such existing fine. The registrar of a court may allow further time to pay such a fine under those sections even though the time for payment of the fine has been fixed by the court.
(3) A court fine enforcement order may be made by the State Debt Recovery Office for an existing fine, whether or not an application is made under this Act for the order.
(1) A penalty notice for the purposes of this Act includes a penalty notice within the meaning of Part 4B of the Justices Act 1902 immediately before its repeal by this Act.
(2) A courtesy letter issued under the Justices Act 1902 in respect of an existing fine is taken to be a penalty reminder notice issued under this Act.
(3) An enforcement order issued under section 100L of the Justices Act 1902 in respect of an existing fine and in force immediately before the commencement of this clause is taken to be a penalty notice enforcement order under this Act.
(4) For the purpose only of enabling a penalty notice enforcement order to be made under Division 4 of Part 3 in relation to an existing fine, the offence referred to in section 42 (1) (g) is taken to have been committed, or alleged to have been committed, when that Division commenced.
(5) A penalty notice served on a person in accordance with section 18B of the Traffic Act 1909 , being a penalty notice in respect of which, as at the commencement of this clause:(a) the amount payable under the notice has not been paid, and(b) a courtesy letter has been sent to the person in accordance with section 100J of the Justices Act 1902 and the person has not, as referred to in that section, declined to be dealt with under Division 2 of Part 4B of that Act, and(c) no notice has been served under section 18C of the Traffic Act 1909 ,is taken to be a penalty notice enforcement order under this Act and may, subject to Division 5 of Part 3 of this Act, be enforced accordingly.
(1) The State Debt Recovery Office may cancel a warrant of commitment issued under the Justices Act 1902 for non-payment of an amount of money (being a warrant that was not executed immediately before the commencement of this clause) and may make a fine enforcement order under this Act in respect of the fine concerned.
(2) The State Debt Recovery Office is not required to serve a copy of any such fine enforcement order on the fine defaulter or to give the fine defaulter any further time to pay the fine before enforcement action is taken under Part 4 of this Act.
(3) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(4) A person who is, on the commencement of this clause, serving a period of imprisonment under a warrant of commitment issued under the Justices Act 1902 for non-payment of an amount of money is taken to be serving that period of imprisonment under a warrant issued under this Act.
Any driver licence or vehicle registration that has been suspended or cancelled under section 18C of the Traffic Act 1909 before the repeal of that section by this Act is taken to be a driver licence or vehicle registration suspended or cancelled under Division 3 of Part 4 of this Act.
(1) A community service order made on application under section 89C of the Justices Act 1902 and in force immediately before the commencement of this clause is taken to be a community service order made under section 79 of this Act.
(2) An order for periodic detention made on application under section 89D of the Justices Act 1902 and in force immediately before the commencement of this clause is taken to be an order for periodic detention made under section 89 of this Act.
(3) If any such community service order or order for periodic detention is revoked, the State Debt Recovery Office may make a fine enforcement order under this Act in respect of the fine concerned.
(4) The State Debt Recovery Office is not required to serve a copy of any such fine enforcement order on the fine defaulter or to give the fine defaulter any further time to pay the fine before enforcement action is taken under Part 4 of this Act.
(5) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(1) The Sheriff is to transmit to the State Debt Recovery Office particulars of all forfeited recognizances and bail that are entered on a copy of an Estreat Roll on the commencement of this clause and that have not been recovered before that commencement.
(2) Part 7 of this Act applies to those forfeited recognizances and bail as if they had been transmitted to the State Debt Recovery Office under the Forfeited Recognizances and Bail Act 1954 .
(3) The State Debt Recovery Office is not required to serve a copy of any fine enforcement order made in respect any such forfeited recognizance or bail on the fine defaulter or to give the fine defaulter any further time to pay the amount due before enforcement action is taken under Part 4 of this Act.
(4) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(1) A conviction registered, a notification received or a writ of execution issued, under Part 8 of the Criminal Procedure Act 1986 , before the commencement of this clause is taken to be registered, received or issued under Part 5 of this Act.
(2) Until regulations are made under section 106 of this Act, courts or classes of courts declared by order in the Gazette under section 26 of the Criminal Procedure Act 1986 immediately before the repeal of that section by this Act are taken to be declared by the regulations under section 106 of this Act.
The Treasurer and the Director of the State Debt Recovery Office are taken to be parties to each service level deed in force as at 1 October 2003 and entered into by the Commissioner of Police, or otherwise by or on behalf of the Infringement Processing Bureau within NSW Police, for or with respect to the processing of penalty notices.
A reference in any instrument made before the commencement of this clause to the Manager, Infringement Processing Services of the Police Service, the Infringement Processing Bureau within the Police Service or a person employed in the Infringement Processing Bureau is taken to be a reference to:
(a) if the reference is made in relation to the issuing or processing of a penalty notice, a person employed in the Office of State Revenue in the Treasury and authorised by the Chief Commissioner of State Revenue for the purposes of Part 3 of this Act, or
(b) if the reference is made otherwise than in relation to the issuing of a penalty notice, the State Debt Recovery Office,subject to the regulations.
In this Part:
"amending Act" means the Fines Amendment Act 2004 .
Section 37A, as inserted by the amending Act, does not apply in relation to an offence that was committed or is alleged to have been committed before the commencement of that section.
Section 42, as in force before its amendment by the amending Act, continues to apply to a penalty notice enforcement order that is proposed to be made in relation to an offence that was committed or is alleged to have been committed before the commencement of the amendment as if that section had not been so amended.
(1) Except as provided by clause 15, this Act, as amended by the amending Act, applies to enforcement orders made after the commencement of this clause, whether or not the offence concerned occurred before, on or after that commencement.
(2) Except as provided by subclause (3) and clause 17, the amendments made by the amending Act to this Act do not apply to or in respect of fine enforcement orders made before the commencement of this clause.
(3) This Act, as amended by the amending Act, applies to applications made after the commencement of this clause for the withdrawal or annulment of fine enforcement orders, whether or not the enforcement orders were made before, on or after that commencement.
Section 101B, as inserted by the amending Act, extends to decisions of the State Debt Recovery Office made before the commencement of this clause to refuse an application by a fine defaulter for time to pay or to have a fine written off.
A compensation levy enforced, before the amendment of this Act by the Fines Amendment (Payment of Victims Compensation Levies) Act 2006 , by means of an action that would have been authorised by this Act if this Act as so amended had been in force when the levy was enforced, is taken to have been validly enforced.
In this Part:
"amending Act" means the Fines Further Amendment Act 2008 .
A person may apply for a review under Division 2A of Part 3 of a decision to issue a penalty notice in respect of a penalty notice issued before the commencement of that Division, if the application for review is made after that commencement and before the date for payment under any penalty reminder notice served on the person in respect of the offence to which the penalty notice relates.
A person may apply for a work and development order under Subdivision 1 of Division 8 of Part 4 in respect of an amount owing before the commencement of that Subdivision.
Sections 101 and 101B, as amended by the amending Act, extend to a fine imposed before the commencement of those amendments.
(1) This Act (and the regulations under this Act) as in force immediately before the enactment of the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 continue to apply to and in respect of:(a) a periodic detention order made under Division 6 of Part 4 and in force immediately before the substitution of section 89 by that Act,(b) a periodic detention order made under Division 6 of Part 4 after the substitution of section 89 by that Act and pursuant to subclause (2).
(2) An application by a fine defaulter under section 89 that is pending immediately before the substitution of that section by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 is to be dealt with and determined as if that Act had not been enacted.
(3) A reference in a section of this Act to any provision of the Crimes (Sentencing Procedure) Act 1999 or the Crimes (Administration of Sentences) Act 1999 is, for the purposes of the continued application of that section under subclause (1), to be read as a reference to the provision as in force immediately before the commencement of any amendment of the provision by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 .