Fines Act 1996 No 99
Current version for 4 July 2014 to date (accessed 23 November 2014 at 18:16)
Part 3Division 3

Division 3 Penalty reminder notices

25   What is a penalty reminder notice?

A penalty reminder notice is a notice (and any matter annexed to, or enclosed with, a notice) served on a person on whom a penalty notice (and any matter annexed to, or enclosed with, a notice) has been served and containing the matters required by this Division.

26   When a penalty reminder notice may be sent

An appropriate officer may serve a penalty reminder notice on a person on whom a penalty notice was served if it appears to the officer that the full amount payable under the penalty notice has not been paid within the time required by the notice.

27   What a penalty reminder notice must say

(1)  A penalty reminder notice must inform the person on whom it is served:
(a)  that the person has until the due date specified in the notice to pay the full amount (or, if one or more part payments of that full amount have been paid, the remaining amount) for the offence specified in the notice, and
(a1)  of the steps to be taken for seeking a review of the decision to issue the penalty notice, and
(b)  of enforcement action that may be taken under this Act if the full amount is not paid by the due date, and
(c)  of additional enforcement costs that become payable under this Act if enforcement action is taken.
(2)  If there is an approved form for a penalty reminder notice, a penalty reminder notice must be in that form.
(3)  The inclusion in a penalty reminder notice of additional information and directions for the assistance or guidance of the person on whom it is served does not affect the validity of the penalty reminder notice.

28   Service of penalty reminder notices

(1)  A penalty reminder notice may be served on a person:
(a)  personally, or
(b)  by post, or
(c)  by means of a document exchange, or
(d)  by facsimile transmission or other electronic transmission, or
(e)  by any other manner prescribed by the regulations.
(2)  The address for service of any such penalty reminder notice includes:
(a)  the address of the person shown on the relevant penalty notice or supplied by the person in connection with the service of the relevant penalty notice, or
(b)  if the relevant penalty notice was served on the person in his or her capacity as owner or responsible person for a vehicle or owner of a vessel or was served by being left on a vehicle or vessel—the address shown in the records of Roads and Maritime Services or other public agency as the address of the owner or responsible person at the time the relevant penalty notice was served, or
(c)  if the relevant penalty notice was served on the person in his or her capacity as the person driving or in charge of a vehicle or vessel—the address specified in a notice given under section 38 (1) (a) as the address of the person in charge of the vehicle or vessel at the time of the alleged offence.

29   Time for service of penalty reminder notices by post

Despite any other provision of this Act, it is presumed that a penalty reminder notice sent to a person by post is served on the person 7 days after it is posted, unless the person establishes that it was not served within that 7-day period.

30   Due date for payment in penalty reminder notices

(1)  The due date for payment in a penalty reminder notice must be at least 21 days after it is served on the person.
(2)  Accordingly, a penalty reminder notice that is posted may specify a date that is at least 28 days after the penalty reminder notice is posted as the due date for making the payment concerned.

31   Extension of due date if notice takes more than 7 days

(1)  If a penalty reminder notice is served on a person more than 7 days after it was posted, the notice is not invalid merely because it specifies as the due date a date that is less than 21 days after it was served on the person.
(2)  In such a case however, the due date is extended to a date that is 21 days after the penalty reminder notice was served and the penalty reminder notice is taken to specify that date as the due date.

32   Effect of penalty reminder notice on payment time in penalty notice

If a penalty reminder notice is served on a person, the time for payment of the amount payable under the penalty notice for the offence concerned is extended to the due date specified in the penalty reminder notice for payment.

33   Payment under penalty reminder notice

(1)  Payment of the amount payable under the penalty notice to which a penalty reminder notice relates may be made in accordance with the penalty notice and the relevant provisions of the statutory provision under which the notice was served.
(2)  A person may pay the amount by part payments. However, the full amount payable under a penalty notice is to be paid within the time required by the penalty reminder notice.

34   Effect of payment under penalty reminder notice

Payment of the full amount payable under the penalty notice to which a penalty reminder notice relates has the same effect as payment in accordance with the penalty notice.

35   Alleged offender’s right to elect to have matter dealt with by court

A person alleged to have committed or to be guilty of the offence to which a penalty reminder notice relates has the right to elect to have the matter dealt with by a court instead of under this Part.

36   How person may elect to have matter dealt with by court

(1)  A person may elect to have a matter dealt with by a court by serving on the appropriate officer or other person or body specified in the penalty reminder notice a written statement that the person so elects.
(1A)  A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid.
(2)  Such an election may not be made later than the due date specified in the penalty reminder notice for payment in relation to the offence concerned.
(2A)  Despite subsection (2), a person may make such an election at any time while a review under Division 2A of the decision to issue the penalty notice is in progress.
Note. Section 24I provides that a review under Division 2A is terminated on the person making such an election.
(3)  A statement under this section may be served on a person personally or by post, by means of document exchange, by facsimile or other electronic transmission or in any other manner prescribed by the regulations.
(4)  The regulations may make provision for or with respect to the form of written statements under this section.
(5)  If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid:
(a)  section 23 (2) and the corresponding provision of the statutory provision under which the penalty notice was issued (being the provision that provides that if an amount is paid under the penalty notice, no person is liable to any further proceedings for the alleged offence concerned) then cease to have effect, and
(b)  any action taken to record demerit points against the person in the NSW demerit points register kept under the Road Transport Act 2013 because of that payment is to be reversed by Roads and Maritime Services, and
(c)  the amount that has been paid under the penalty notice is repayable to the person by whom it was paid.

37   Matter to proceed

If a person duly elects, in accordance with this Part, to have the matter dealt with by a court, proceedings against the person in respect of the offence may be taken as if a penalty notice or penalty reminder notice had not been issued.

37A   Extension of time limit for taking proceedings if person has elected to have penalty notice matter dealt with by court

(1)  This section applies to proceedings for a summary offence that has an applicable limitation period (apart from this section) of less than 12 months if:
(a)  a penalty notice in relation to the offence has been issued to a person within that applicable limitation period, and
(b)  the person has duly elected, in accordance with this Part, to have the matter dealt with by a court.
(2)  Proceedings relating to that offence may, despite the applicable limitation period, be commenced not later than 12 months from when the offence was alleged to have been committed.
Note. An election to have a penalty notice matter dealt with by a court must be made in accordance with section 23A or 36 (as applicable).
(3)  Subsection (2) does not affect the operation of section 179 of the Criminal Procedure Act 1986 in relation to the commencement in any other circumstances of proceedings for an offence.

38   Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty

(1)  A person on whom a penalty reminder notice is served in relation to a vehicle or vessel offence is not liable to make any payment under the penalty notice if the person:
(a)  on or before the due date specified in the penalty reminder notice, gives notice in accordance with subsection (1A) of the name and address of some other person who was in charge of the vehicle or vessel concerned at all relevant times relating to the offence, or
(b)  satisfies the appropriate officer for the penalty notice to which the penalty reminder notice relates (or other person or body specified in the penalty reminder notice) that the person did not know and could not with reasonable diligence have ascertained that name and address.
(1A)  A notice for the purposes of subsection (1) (a) must:
(a)  in the case of a penalty reminder notice served on a person other than a corporation—be verified by a statutory declaration, and
(a1)  in the case of a penalty reminder notice served on a corporation:
(i)  be verified by a statutory declaration, or
(ii)  be a notice of a kind approved for the purposes of subsection (1B), and
(b)  be given to the appropriate officer for the penalty notice to which the penalty reminder notice relates (or other person or body specified in the penalty reminder notice).
(1B)  The Commissioner may approve one or more kinds of notices (approved notices) for use by corporations when giving notice for the purposes of subsection (1) (a).
(1C)  Without limiting subsection (1B), the Commissioner may approve notices under that subsection:
(a)  to be provided in printed or electronic form (or both), and
(b)  to be used in relation to more than one offence involving one or more vehicles or vessels.
(1D)  If a corporation gives an approved notice for the purposes of subsection (1) (a) instead of a notice verified by statutory declaration, an appropriate officer for the penalty notice to which the penalty reminder notice relates may, by written notice served on the corporation (a verification notice), require the corporation to supply a statutory declaration for use in court proceedings verifying such of the information contained in the approved notice as is specified in the verification notice.
(1E)  A corporation served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).

Maximum penalty: 100 penalty units.

(2)  A notice under subsection (1) (a) that is verified by statutory declaration if produced in any proceedings against the person named in it and in respect of the vehicle or vessel offence concerned is prima facie evidence that the person was in charge of the vehicle or vessel at all relevant times relating to the offence.
(3)  A statutory declaration that relates to more than one vehicle or vessel offence is not a statutory declaration under, or for the purposes of, subsection (1A) or (1D) unless each of the offences is a camera recorded offence (within the meaning of section 179 of the Road Transport (General) Act 2005) detected by the same camera device at approximately the same time.
(3A)  A person must not, in a notice given under subsection (1) (a), make a statement or provide information knowing that it is false or misleading in a material particular.

Maximum penalty: 50 penalty units.

(3B)  If the same facts establish an offence under this section and an offence under the Oaths Act 1900, the person is not liable to be convicted of both offences.
(4)  In this section:

vehicle or vessel offence means any of the following offences:

(a)  an offence of standing or parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any law,
(b)  an offence relating to a vehicle or vessel (such as exceeding the speed limit) that is detected by an approved average speed detection device, approved camera detection device or an approved speed measuring device within the meaning of the former Road Transport (Safety and Traffic Management) Act 1999 and in respect of which the penalty notice is served subsequently on the owner or responsible person for the vehicle or the owner of the vessel,
(b1)  an offence relating to a vehicle or vessel (such as exceeding the speed limit) that is detected by an approved traffic enforcement device (within the meaning of the Road Transport Act 2013) and in respect of which the penalty notice is served subsequently on the owner or responsible person for the vehicle or the owner of the vessel,
(c)  an offence under section 23 of the Centennial Park and Moore Park Trust Act 1983,
(d)  an offence under section 161 of the Crown Lands Act 1989,
(e)  an offence under section 87 (Liability of vehicle owner for parking offences) of the Forestry Act 2012,
(f)  an offence under section 32A of the Impounding Act 1993,
(g)  an offence under section 651 of the Local Government Act 1993,
(h)  an offence under section 30C of the Maritime Services Act 1935,
(i)  an offence under section 159 of the National Parks and Wildlife Act 1974,
(j)  an offence under section 29 of the Parramatta Park Trust Act 2001,
(k)  an offence under section 179 of the former Road Transport (General) Act 2005,
(k1)  an offence under Division 2 of Part 7.3 of the Road Transport Act 2013,
(l)  an offence under section 244 of the Roads Act 1993,
(m)  an offence under section 22A of the Royal Botanic Gardens and Domain Trust Act 1980,
(n)  an offence under section 20A of the State Sports Centre Trust Act 1984,
(o)  an offence under section 78 of the Sydney Olympic Park Authority Act 2001,
(p)  an offence under section 116 of the Transport Administration Act 1988,
(q)  an offence relating to a vehicle or vessel that is of a kind prescribed by the regulations.

39   Withdrawal of penalty reminder notices

(1)  An appropriate officer may withdraw a penalty reminder notice before the due date for payment under the notice.
(2)  The following provisions have effect in relation to an alleged offence, if a penalty reminder notice for the alleged offence is withdrawn in accordance with this section:
(a)  the amount that was payable under the notice ceases to be payable,
(b)  any amount that has been paid under the notice is repayable to the person by whom it was paid,
(c)  further proceedings in respect of the alleged offence may be taken against any person (including the person on whom the notice was served) as if the notice had not been issued.
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