- Fines Act 1996 No 99
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Fines imposed by courts
- Part 3 Penalty notices
- Division 1 Summary of penalty notice procedure
- Division 1A Official cautions
- Division 2 Penalty notices
- 20 What is a penalty notice?
- 21 Issue of penalty notices
- 22 Persons who may deal with penalty notices (appropriate officers)
- 22A Effect of payment under penalty notice
- 23 Amount payable under penalty notice
- 23AA Payment of fine before vehicle or vessel offence nomination made—payment by or for nominated person
- 23AB Payment of fine before vehicle or vessel offence nomination made—other cases
- 23A Person may elect to have matter dealt with by court
- 24 Failure to pay amount required by penalty notice
- Division 2A Internal review
- 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- 24I (Repealed)
- 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 a 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 Commissioner
- 49A Review of penalty notice before annulment
- 50 Appeal against refusal of application by Commissioner
- 51 Proceedings for alleged offence if penalty notice enforcement order annulled
- 52 Provisions relating to annulment of enforcement orders
- Division 6 Application of Part
- Part 4 Fine enforcement action
- Division 1 Preliminary
- Division 2 Service of fine enforcement order
- 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
- 66A Suspension of visitor driver privileges
- 67 Cancellation of vehicle registration
- 68 Suspension of dealings with Roads and Maritime Services
- 69 Interim restoration or reinstatement of licence or registration pending appeal etc
- 69A Interim restoration of visitor driver privileges
- 70 Effect of enforcement action on vehicle insurance
- Division 4 Civil enforcement
- 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
- 75A Enforcement of order for examination
- 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
- 77A Garnishee order refunds in case of hardship
- Division 5 Orders requiring community service
- 78 When orders may be made
- 79 Making of 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 order
- Division 6 Imprisonment
- 87 Imprisonment following breach of 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
- Division 7 Bodies corporate
- Division 8 Fine mitigation
- Subdivision 1 Work and development orders
- 99A Definitions
- 99B Making an order
- 99BA Assessments of eligibility for orders and keeping of records
- 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 Work and development guidelines
- 99J Regulations
- 99K Orders may extend to State debt
- Subdivision 2 Time to pay and writing off fines
- Subdivision 3 Hardship Review Board
- Division 9 Miscellaneous
- Part 5 Reciprocal enforcement of fines against bodies corporate
- Part 5A Interstate fine enforcement
- Division 1 General
- Division 2 Enforcement of interstate fines in NSW
- 108C Power to make interstate fine enforcement orders
- 108D Effect of interstate fine enforcement order
- 108E Request for interstate fine enforcement order
- 108F Form of interstate fine enforcement order
- 108G Amendment or withdrawal of request for interstate fine enforcement order
- 108H Amendment or withdrawal of interstate fine enforcement orders
- 108I Effect of amendment or withdrawal of interstate fine enforcement orders
- 108J Enforcement costs payable under interstate fine enforcement orders
- 108K Application of amounts recovered
- 108L Modifications to application of Part 4
- Division 3 Enforcement of NSW fine enforcement orders in participating jurisdictions
- Division 4 Miscellaneous
- Part 6 Civil enforcement—costs and other payments
- Part 7 Enforcement of bail agreements
- Part 7A Enforcement of orders for restitution
- Part 8 Administration
- 113 Commissioner of Fines Administration
- 114 Functions of Commissioner
- 115 (Repealed)
- 116 Employees
- 116A Delegation
- 116B Exercise of enforcement functions
- 116C Personal liability
- 117 Access to information held by police and government agencies
- 117AA Access to information held by employers
- 117AB Access to and use of information held by credit reporting bodies
- 117A Disclosure of information by Commissioner
- 117B Confidentiality
- 118 Registration of fine enforcement orders
- Part 9 Miscellaneous
- 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
- 122C Reallocation of overpayments
- 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
- Part 10
- Schedules 1, 2 (Repealed)
- Schedule 3 Savings, transitional and other provisions
- Historical notes
Fines Act 1996 No 99
Current
version
for 24 September 2018
to date
(accessed 1 March 2020 at 23:15)
Status information
Currency of version
Current version for 24 September 2018 to date (accessed 1 March 2020 at 23:15)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Fines Amendment Act 2019 No 13 (not commenced)
Fines Amendment Act 2019 No 13 (not commenced)
Responsible Minister
Treasurer, jointly with the Minister for Customer Service and the Minister for Finance and Small Business, except parts; Divisions 1 and 2 of Part 2, section 13, section 120 (in so far as it relates to registrars of the courts and the Sheriff) and section 123, the Attorney General, and Minister for the Prevention of Domestic Violence
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.