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