1 Name of Act
2 Commencement
3 Definitions
4 Meaning of “fine”
Part 2 Fines imposed by courts
5 Summary of procedure for payment of court fines
6 Consideration of accused’s means to pay
7 When fine payable
8 To whom fine payable
9 Fine notification
10 Application to registrar for further time to pay fine
11 Provisions relating to application for further time to pay fine
Division 3 Court fine enforcement orders
12 What is a court fine enforcement order?
13 Referral for a court fine enforcement order
14 When an order may be made
15 Form of court fine enforcement order
16 Enforcement costs under order
17 Withdrawal of order
18 Special provision relating to certain compensation levies
Division 1 Summary of penalty notice procedure
19 Summary of penalty notice procedure
19A Appropriate officer may give official caution
19B Official caution does not affect other powers
20 What is a penalty notice?
21 When penalty notices may be issued
22 Persons who may issue and deal with penalty notices (appropriate officers)
23 Payment of amount required by penalty notice
23A Person may elect to have matter dealt with by court
24 Failure to pay amount required by penalty notice
24A Application for review of penalty notice
24B Circumstances when agency is not required to conduct a review
24C Review by reviewing agency
24D Request for additional information
24E Outcome of review
24F Action to be taken if decision to issue penalty notice is confirmed
24G Effect of withdrawal of penalty notice
24H Agency may review a decision on its own motion
24I Review terminated if matter dealt with by court
24J Reviewing agencies may enter into arrangements with respect to functions under Division
Division 3 Penalty reminder notices
25 What is a penalty reminder notice?
26 When a penalty reminder notice may be sent
27 What a penalty reminder notice must say
28 Service of penalty reminder notices
29 Time for service of penalty reminder notices by post
30 Due date for payment in penalty reminder notices
31 Extension of due date if notice takes more than 7 days
32 Effect of penalty reminder notice on payment time in penalty notice
33 Payment under penalty reminder notice
34 Effect of payment under penalty reminder notice
35 Alleged offender’s right to elect to have matter dealt with by court
36 How person may elect to have matter dealt with by court
37 Matter to proceed
37A Extension of time limit for taking proceedings if person has elected to have penalty notice matter dealt with by court
38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty
39 Withdrawal of penalty reminder notices
Division 4 Penalty notice enforcement orders
40 What is a penalty notice enforcement order?
41 How are penalty notice enforcement orders made?
42 When a penalty notice enforcement order may be made
43 Form of penalty notice enforcement order
44 Enforcement costs under penalty notice enforcement order
45 Effect of making, or of payment under, penalty notice enforcement order
46 Withdrawal of order
47 Regulations relating to orders
Division 5 Annulment of penalty notice enforcement orders
48 Applications for annulment of orders
49 Determination of applications by State Debt Recovery Office
49A Review of penalty notice before annulment
50 Appeal against refusal of application by State Debt Recovery Office
51 Proceedings for alleged offence if penalty notice enforcement order annulled
52 Provisions relating to annulment of enforcement orders
Division 6 Application of Part
53 Application of penalty notice procedure to children
54 Part not to apply to certain forestry penalty notices
55 Regulations may exclude penalty notices from operation of Part
56 Other provisions not affected
Part 4 Fine enforcement action
57 Application and interpretation
58 Summary of enforcement procedure
Division 2 Service of fine enforcement order
59 Service on fine defaulter of notice of order
60 What notice must say
61 Service of notice
62 Time for service of notices by post
63 Final date for payment in notices
64 Extension of final date if notice takes more than 7 days
Division 3 Driver licence or vehicle registration suspension or cancellation
65 When enforcement action taken under this Division
66 Suspension or cancellation of driver licence
67 Cancellation of vehicle registration
68 Suspension of dealings with Roads and Traffic Authority
69 Interim restoration or reinstatement of licence or registration pending appeal etc
70 Effect of enforcement action on vehicle insurance
71 When enforcement action taken under this Division
72 Order to seize property of fine defaulter
73 Order to garnishee debts, wages or salary of fine defaulter
74 Registration of fine enforcement order as charge on land
75 Examination of fine defaulter
76 Power of entry to execute property seizure order
76A Sheriff’s additional costs of taking enforcement action under this Division
77 Cancellation of property seizure, garnishee order or charge on land
Division 5 Community service orders
78 When orders may be made
79 Making of community service order against fine defaulter
80 Service and notice of order
80A Provisions relating to service of orders and notice
81 Number of hours of community service work
82 Satisfaction of orders by payment
83 Satisfaction of fine by community service
84 Suspension of orders during imprisonment or detention
85 Provisions relating to orders
86 Revocation of community service order
87 Imprisonment following breach of community service order
88 The “relevant outstanding fine”
89 Intensive correction order
89A Service and notice of intensive correction order
89B Provisions relating to service
90 Calculation of period of imprisonment under warrant
91 Satisfaction of fine by imprisonment
92 Special provision relating to children
93 Terms under warrants to be served consecutively
94 Terms under warrants to be served concurrently with other non-fine default imprisonment
95 Execution of warrant
96 Discharge from custody
97 Regulations as to warrants
98 Application of civil and other enforcement procedures
99 Modification of enforcement procedures
Subdivision 1 Work and development orders
99A Definitions
99B Making an order
99C Variation or revocation of order
99D No appeal except to Hardship Review Board
99E Satisfaction of order
99F Civil liability
99G Persons performing work under orders not workers
99H Delegation by approved persons
99I Guidelines
99J Regulations
Subdivision 2 Time to pay and writing off fines
100 Time to pay
101 Unpaid fines may be written off
Subdivision 3 Hardship Review Board
101A Hardship Review Board
101B Reviews by Hardship Review Board
101C Disclosure of information by Hardship Review Board
102 Disposition of money paid by or recovered from fine defaulters
102A Liability of minors for enforcement costs
103 Electronic transmission of documents
104 Power of person executing order or warrant to demand name and address
Part 5 Reciprocal enforcement of fines against bodies corporate
105 Definitions
106 Declaration of reciprocating court
107 Enforcement of fine imposed by reciprocating court
108 Enforcement of New South Wales fine by reciprocating court
Part 6 Civil enforcement—costs and other payments
109 Application
109A Payment of ancillary money orders
110 Enforcement as civil judgments
Part 7 Enforcement of bail agreements
111 Definitions
112 Enforcement of forfeited bail money
112A Enforcement of forfeited bail security
Part 8 State Debt Recovery Office
113 Establishment of State Debt Recovery Office
114 Functions of Office
115 Director and other staff of Office
116 Management of Office
116A Delegation
117 Access to information by Office
117AA Access to information held by employers
117A Disclosure of information by State Debt Recovery Office
117B Confidentiality
118 Registration of fine enforcement orders
119 Act binds Crown
120 Guidelines on exercise of functions under this Act
121 Fines payable into Consolidated Fund
122 Payment of share of fine to prosecutor
122A Payment of law enforcement officers’ costs and expenses
122B Payment of penalty notice amounts received on behalf of others
123 Remission of fines or other penalties
124 Royal prerogative preserved
125 Abolition of imprisonment as primary enforcement action for fine default
126 Abolition of recovery by distress
126A Penalty notices and penalty reminder notices sent to recently reported address and returned to sender
127 Proceedings for offences
128 Regulations
129 Repeals
130 (Repealed)
131 Savings, transitional and other provisions
132 Review of Act
Schedule 1 Statutory provisions under which penalty notices issued