Northern Territory Consolidated Acts

FINES AND PENALTIES (RECOVERY) ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Application of Act
   4.      Act binds Crown
   5.      Definitions
   6.      Meaning of "fine" and "penalty"

   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
   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
   34.     Offence to give false or misleading information

           Part 5 - enforcement action

           Division 1 - Preliminary

   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

           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 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
   78.     Service of order
   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

   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 or recognizances

   108.    Definitions
   109.    Enforcement as fines

           Part 9 - Miscellaneous

   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 body
   116.    Payment of share of fine to prosecutor
   117.    Remission of fines or penalties
   118.    Entitlement under other Act to be released from prison
   119.    Regulations

           part 10 - savings and transitional

   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
           Endnotes