FINES AND PENALTIES (RECOVERY) ACT 2001
FINES AND PENALTIES (RECOVERY) ACT 2001
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Application of Act
4. Act binds Crown
5. Definitions
6. Meaning of fine and penalty
6A. Application of Criminal Code
PART 2--INFRINGEMENT NOTICES
Division 1--Application of Part
7. Application of infringement notice procedure to children
8. Other provisions not affected
Division 2--Infringement notices
9. Infringement notice
10. Appropriate officers to issue and deal with infringement notices
11. Appropriate officer may require name and address of person
12. Penalty under infringement notice is an amount payable
12A. Application for further time to pay
12B. Enforcement agency may allow further time
13. Payment of amount required by infringement notice
14. Failure to pay penalty under infringement notice
Division 3--Courtesy letters
15. Courtesy letter
16. Courtesy letter to inform person
17. Service of courtesy letter
18. Time for payment extended
19. Effect of payment under courtesy letter
20. Withdrawal of courtesy letter
Division 4--Election to be dealt with by court
21. Alleged offender may elect to have matter dealt with by court
22. Matter to proceed
PART 3--FINES IMPOSED BY COURTS
23. When and where fine payable
24. Fine notification
25. Application for further time to pay fine
26. Fines Recovery Unit may allow further time
PART 4--FINES RECOVERY UNIT
27. Establishment
28. Functions
29. Director and Deputy Director
30. Management
31. Registration of enforcement orders
32. Access to information
33. Officer may require name and address of person
PART 5--ENFORCEMENT ACTION
Division 1--Preliminary matters
35. Application and interpretation
Division 2--Penalty enforcement orders
36. Penalty enforcement order
37. Appropriate officer may apply for penalty enforcement order
38. Fines Recovery Unit to make penalty enforcement order
39. Effect of making penalty enforcement order
40. Amount payable under penalty enforcement order
41. Enforcement costs under penalty enforcement order
42. Effect of payment under penalty enforcement order
Division 3--Annulment of penalty enforcement orders
43. Application for annulment of order
44. Determination of application by Fines Recovery Unit
45. Notice of determination
46. Appeal against refusal of application by Fines Recovery Unit
47. Effect of annulment
48. Proceedings for alleged offence if enforcement order annulled
48A. Jurisdiction of Local Court
Division 4--Fine enforcement orders
49. Fine enforcement order
50. Referral for fine enforcement order
51. Stay of enforcement pending appeal etc.
52. Amount payable under fine enforcement order
53. Enforcement costs under fine enforcement order
Division 5--Service of enforcement order
54. Service on fine defaulter of notice of making of order
55. Notice to inform fine defaulter
56. Final date for payment
57. Service of notice
Division 6--Withdrawal of order
58. Withdrawal of order
Division 7--Licence to drive or vehicle registration suspension
59. Fines Recovery Unit may request Registrar of Motor Vehicles to take enforcement action
60. Suspension of licence to drive
61. Suspension of vehicle registration
62. Registrar of Motor Vehicles to refuse to exercise functions
63. Suspension of licence or registration may be lifted pending appeal etc.
64. Registrar of Motor Vehicles to cease enforcement action if requested
65. Effect of enforcement action on vehicle insurance
66. Offence to transfer registration during suspension
Division 7A--Immobilisation of motor vehicle
66A. When enforcement action may be taken under this Division
66B. Immobilisation officer
66C. Immobilisation of motor vehicle
66D. When motor vehicle may not be immobilised
66E. Access to motor vehicle during immobilisation period
66F. Removal of immobilisation before end of immobilisation period
66G. Powers of immobilisation officer
66H. Moving of immobilised vehicle
66J. Interference with immobilisation
66K. Protection from liability
Division 7B--Publication of name of fine defaulter
66L. When enforcement action taken under this Division
66M. Publication of name of fine defaulter
66N. Removal of fine defaulter's details
Division 8--Civil enforcement
67. When enforcement action taken under this Division
68. Examination of fine defaulter
69. Substituted service
70. Order to seize property of fine defaulter
71. Power of entry to execute property seizure order
72. Order to garnishee debts, wages or salary of fine defaulter
73. Registration of enforcement order as charge on land
74. Bailiff's costs payable
75. Cancellation of property seizure order, garnishee order or charge on land
Division 9--Community work orders
76. Application and interpretation
77. Community work order
77A. Duties of fine defaulter in carrying out community work order
77B. Breach of community work order
78. Service of order
78A. Bailiff's costs payable
79. Assessment of suitability of fine defaulter for participation in project
80. Number of hours of work under community work order
81. Satisfaction of fine or penalty by work under community work order
82. Satisfaction of order by payment
83. Suspension of orders during imprisonment or detention
84. Revocation of community work order
85. Notice of revocation of order to be served on fine defaulter
Division 10--Imprisonment
86. Imprisonment following breach of community work order
87. Meaning of relevant outstanding amount
88. Calculation of period of imprisonment under warrant
89. Satisfaction of fine or penalty by imprisonment
90. Terms under warrants to be served cumulatively
91. Term may be served concurrently with other imprisonment
92. Execution of warrant
93. Cancellation of warrant
94. Discharge from custody
Division 11--Miscellaneous matters
95. Time to pay
96. Unpaid fines may be written off
97. Disposition of money paid by or recovered from fine defaulters
98. Electronic transmission of orders and warrants
99. Person executing order or warrant may demand name and address
PART 6--RECIPROCAL ENFORCEMENT OF FINES AGAINST BODIES CORPORATE
100. Definitions
101. Declaration of reciprocating court
102. Enforcement of fine imposed by reciprocating court
103. Enforcement of Northern Territory fine by reciprocating court
104. Fines Recovery Unit to notify reciprocating court of payment received
PART 7--ENFORCEMENT OF COSTS AND OTHER PAYMENTS
105. Application
106. Payment of ancillary money orders
107. Enforcement as civil judgments
PART 8--ENFORCEMENT OF FORFEITED BAIL
108. Definitions
109. Enforcement as fines
PART 9--MISCELLANEOUS MATTERS
109A. Misleading information or document
110. Parent or guardian of youth to be notified
111. Allocation of surplus money
112. Fines Recovery Unit to deal with surplus money
113. Allocation of monies
114. Guidelines on exercise of functions under this Act
115. Fines Recovery Unit may pay out money collected on behalf of other person or body
116. Payment of share of fine to prosecutor
117. Remission of fines or penalties
118. Entitlement under other Act to be released from custody
119. Regulations
PART 10--SAVINGS AND TRANSITIONAL MATTERS
Division 1--Savings and transitional matters for Fines and Penalties (Recovery) Act 2001
120. Infringement notices issued before this Act commenced
121. Fines etc. imposed by court before this Act commenced
122. Reciprocal enforcement of fines against bodies corporate
Division 2--Transitional matters for Fines and Penalties (Recovery) and Other Legislation Amendment Act 2011
123. Orders for restitution or compensation
Division 3--Transitional matters for Fines and Penalties (Recovery) Amendment Act 2015
124. Definitions
125. Offence provisions – before and after commencement
126. Amendment of Part 5
Division 4--Transitional matters for Justice and Other Legislation Amendment Act 2024
127. Application of sections 77, 77A and 77B
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