Schedule 2 Amendment of Fines Act 1996

(Section 3)

[1]   Section 22 Persons who may issue and deal with penalty notices (appropriate officers)

Omit section 22 (2) (b). Insert instead:

  

(b)  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 this Part,

[2]   Section 114 Functions of Office

Insert after section 114 (1):

  

(1A)  The Office:

(a)  may enter into arrangements with persons who issue penalty notices, or on whose behalf penalty notices are issued, for or with respect to the receipt, recovery and collection of amounts payable under those notices, including the issuing of courtesy letters, and

(b)  may receive, recover and collect, and may otherwise deal with, those amounts in accordance with those arrangements, and

(c)  may do all such things as may be necessary or convenient for the exercise of the functions referred to in paragraphs (a) and (b), including:

(i)  the issuing of court attendance notices, and

(ii)  the demanding and recovering of fees and charges with respect to the provision of its services.

[3]   Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

  

State Revenue Legislation Further Amendment Act 2003 (to the extent that it amends this Act)

[4]   Schedule 3, Part 3

Insert after Part 2:

  

Part 3 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003

11   Service level deeds

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.

12   Construction of references to the Infringement Processing Bureau

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.