Does not include amendments by— , Sch 1[2] [5]–[7] [56] and [57] (not commenced) Fines Amendment Act 2019 No 13(not commenced — to commence on 28.11.2023) Privacy and Personal Information Protection Amendment Act 2022 No 74
(1) For the purposes of this Act, a fine is—
(a) any monetary penalty imposed by a court for an offence (including a fine to which Part 7 of the of the Commonwealth applies, subject to that Part), or Service and Execution of Process Act 1992 (a1) any monetary penalty imposed by a court for contempt of court, or (b) any amount payable under a penalty notice enforcement order, or (c) any court fees or charges payable by a person under an order made by a court in proceedings for an offence, or (d) any victims support levy, or (d1) any court costs levy payable under section 211A of the in proceedings for an offence, or Criminal Procedure Act 1986 (e) any witnesses’ expenses payable by a person under an order made by a court in proceedings for an offence that were brought by a law enforcement officer, or (f) any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence that were brought by a law enforcement officer, or (g) any other amount of a kind prescribed by the regulations.
(1) For the purposes of this Act, an approved electronic manner of issuing a penalty notice to a person or serving a penalty reminder notice or fine enforcement order on a person means—
(a) sending the penalty notice, penalty reminder notice or fine enforcement order, or a penalty notification, to a telephone number or email address provided by the person for the purposes of the issue or service of the notice or order, or (b) providing the person access to the penalty notice, penalty reminder notice or fine enforcement order, or a penalty notification, via the online notification system if the person consents to the use of that system, or (c) any other electronic manner prescribed by the regulations. (2) A person may, orally or in writing, provide an email address or telephone number or consent to the use of the online notification system for the purposes of receiving or accessing—
(a) a particular penalty notice, penalty reminder notice or fine enforcement order, or (b) a particular kind of penalty notice, penalty reminder notice or fine enforcement order, or (c) penalty notices, penalty reminder notices or fine enforcement orders for a particular period, or (d) all penalty notices, penalty reminder notices or fine enforcement orders.
(1) Written notice of a fine imposed on a person by a court is to be served on the person by the registrar or other officer of the court as soon as practicable after the fine is imposed.
(1) A person liable to pay a fine imposed by a court may apply for further time to pay the fine to—
(a) the registrar of that court, or (b) in the case of a fine imposed by the Local Court—a registrar of the Local Court, or (c) any other registrar of a court specified in the notice of the fine served on the person under this Part as a registrar who may deal with the application.
(1) This section applies to an application for further time to pay a fine. (2) More than one application may be made in respect of a fine (whether or not the earlier applications were granted). (3) The registrar may, for the purposes of dealing with an application, require the applicant to provide information or documents in support of the application (including documents relating to the financial means and identity of the applicant). The registrar may refuse to deal with the application if the information or documents are not provided.
(1) The Commissioner may make a court fine enforcement order—
(a) if the registrar of the court that imposed the fine refers the matter to the Commissioner for the making of a court fine enforcement order, or (b) if the fine is registered in New South Wales under Part 7 of the of the Commonwealth and that Act permits the fine to be enforced in or by New South Wales as the registering State. Service and Execution of Process Act 1992 Note— Part 7 of the of the Commonwealth allows interstate fines imposed by courts that are registered in New South Wales to be enforced in New South Wales in the same way as New South Wales court imposed fines. Service and Execution of Process Act 1992 (1A) A court fine enforcement order may be made only if there has been a default in payment of the fine by the due date. (1B) However, a court fine enforcement order may be made, without any default in payment, in relation to a fine imposed by a court on a person if—
(a) the person seeks a work and development order in relation to the fine, or (b) the person is in receipt of a Government benefit and seeks a time to pay order in relation to the fine, or (c) the person seeks a time to pay order in relation to the fine that provides for a combined payment arrangement.
(1) The Commissioner may, on application or the Commissioner’s own initiative, withdraw a court fine enforcement order if satisfied that—
(a) a fine to which it applies has previously been the subject of a court fine enforcement order in respect of which any enforcement action has been taken, or (b) the person named in the court fine enforcement order is not the same person as the person in respect of whom a fine to which it applies was imposed, or (c) the order was otherwise made in error. (2) A court fine enforcement order must be withdrawn if application for its withdrawal is made by the registrar who referred the matter to the Commissioner. (3) A court fine enforcement order may be withdrawn completely or only to the extent of some of the fines to which it applies.
(1) This section applies to a victims support levy if the person liable to pay the levy ( the offender ) has been sentenced to a term of imprisonment by way of full-time detention in respect of the conviction that gave rise to the imposition of the levy (whether or not the sentence is consecutive with another sentence or concurrent with another sentence or partly consecutive and partly concurrent).(2) However, this section does not apply if the relevant sentence has been suspended. (3) Despite the other provisions of this Division, a victims support levy to which this section applies that is not paid by the due date may be enforced by deducting the amount due from the offender’s prison earnings.
(1) A penalty notice may be issued by an officer authorised by, and in the circumstances specified in, the statutory provision providing for the issue of the notice.
(1) For the purposes of this Part, the amount payable under a penalty notice is the amount specified in the notice, as fixed by or in accordance with law. (1A) 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 notice. (2)
(1) This section applies if—
(a) a penalty notice is issued for a vehicle or vessel offence (the original notice ), and(b) the amount payable under the penalty notice for the offence was paid when or before a nomination notice was given in respect of the offence, and (c) an appropriate officer for the penalty notice is satisfied that the amount was paid by, or on behalf of and with the consent of, the nominated person. (2) An appropriate officer for the penalty notice—
(a) may issue a penalty notice to the nominated person, and (b) must advise the nominated person that, as the amount has been paid, there is no further liability for further proceedings for the offence to which the notice relates, and (c) must not take any further proceedings for the offence to which the notice relates.
(1) This section applies if—
(a) a penalty notice is issued for a vehicle or vessel offence, and (b) the amount payable under the penalty notice for the offence was paid before a nomination notice was given in respect of the offence, and (c) section 23AA does not apply. (2) An appropriate officer for the penalty notice may withdraw the notice.
(1) A person alleged to have committed or to be guilty of the offence to which a penalty notice relates—
(a) has the right to elect to have the matter dealt with by a court instead of under the statutory provision providing for the issue of the penalty notice, and (b) may make that election—
(i) in the manner specified in that statutory provision, or (ii) if no manner is specified in that statutory provision—in the manner specified in the penalty notice, or (iii) if no manner is specified in that statutory provision or in the penalty notice—in the manner specified by the regulations. (2) A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid. (2A) If the whole of the amount payable under the penalty notice has been paid, such an election may not be made later than 90 days after the penalty notice was issued.
(1) An application may be made by or on behalf of any person for a review of the decision to issue a penalty notice in respect of the person.
(1) After reviewing a decision under this Division, a reviewing agency may confirm the decision to issue a penalty notice or may withdraw the penalty notice.
(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.
(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—
(a) on or before the due date specified in the penalty reminder notice, the appropriate officer receives an approved nomination notice containing the nomination details of the person who was in charge of the vehicle or vessel concerned at all relevant times relating to the offence, or (b) the person satisfies the appropriate officer that the person did not know and could not with reasonable diligence have ascertained the nomination details. (1A)–(1E) (2) The Commissioner may approve 1 or more notices ( approved nomination notices ) to be used to nominate the person in charge of a vehicle or vessel under this section.(3) Without limiting subsection (2), 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 1 offence involving 1 or more vehicles or vessels, if the person given the penalty reminder notice is a corporation.
(1) A penalty notice enforcement order is an order made by the Commissioner for the enforcement of the amount payable under a penalty notice.
(1) A penalty notice enforcement order may be made only if—
(a) a penalty notice has been issued to a person in relation to a particular offence referred to in the order, and (a1) there is no review under Division 2A in progress, and (b) a penalty reminder notice has been served on the person—
(i) after the end of the time specified in the penalty notice as the time within which the amount payable under the notice may be paid, or (ii) if a review has been conducted under Division 2A, after that review, and (c) the due date specified in the penalty reminder notice has passed, and (d) the full amount payable under the penalty notice had not been paid before the order is made, and (e) the person has not, in accordance with this Part, declined to be dealt with under this Part, and (f) a court attendance notice in relation to the offence has not been issued, and (g) (h) the facts as alleged in or referred to in the order constitute the offence. (1AA) The Commissioner may also make a penalty notice enforcement order, in respect of an amount owed by a person under a penalty notice, if the Commissioner receives an application by the person for a work and development order or time to pay order in relation to the amount. (1BB) The Commissioner must not make a penalty notice enforcement order referred to in subsection (1AA) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person.
(1) If a penalty notice enforcement order is made in relation to an offence alleged to have been committed by a person—
(a) the person is not as a result taken to have been convicted of the offence, and (b) the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.
(1) A person against whom a penalty notice enforcement order is made may apply to the Commissioner for the withdrawal of the order.
(1) The Commissioner may, on application under section 46 or the Commissioner’s own initiative, withdraw a penalty notice enforcement order on any of the following grounds—
(a) a fine to which the penalty notice enforcement order applies has previously been the subject of a penalty notice enforcement order in respect of which any enforcement action has been taken, (b) the person named in the penalty notice enforcement order is not the same person as the person in respect of whom a fine to which the order applies was imposed, (c) the order relates to the owner of a vehicle or vessel, being a vehicle or vessel involved in an offence the subject of the fine at a time when the owner was not the owner of the vehicle or vessel concerned, (d) the penalty notice for the fine to which it applies is withdrawn by the Commissioner under an arrangement under section 114, (e) the person was not aware that a penalty notice had been issued until notice of the order was served, but only in the case of an application for withdrawal that is made within a reasonable time after that service, (f) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only in the case of an application for withdrawal that is made within a reasonable time after the person ceased being so hindered, (g) the penalty reminder notice in relation to a particular offence was, or both the penalty notice and the penalty reminder notice were, returned as being undelivered to its sender after being sent to the person at the person’s recently reported postal address (within the meaning of section 126A) and notice of the order was served on the person at a different postal address, (h) the Commissioner is satisfied that a question or doubt arises as to the person’s liability for the penalty or other amount concerned, (i) the Commissioner is satisfied that there is other just cause why the application should be granted, having regard to the circumstances of the case. Note 1— The Commissioner may, on the Commissioner’s own initiative, withdraw a penalty notice enforcement order under this section if an approved nomination notice in respect of the penalty notice to which the penalty notice enforcement order applies is provided to an appropriate officer under section 38 out of time. Note 2— Section 24G(2) provides that a penalty notice enforcement order is taken to be withdrawn if the Commissioner or the issuing agency conducting an internal review of the decision to issue a penalty notice under Division 2A decides to withdraw the penalty notice.
(1) If the Commissioner refuses to withdraw a penalty notice enforcement order under section 47, the applicant may, not later than 28 days after notice is given of the refusal, lodge an application in writing with a registrar of the Local Court to have the penalty notice enforcement order annulled by the Local Court.
(1) If a penalty notice enforcement order is withdrawn by the Commissioner and referred to the Local Court under section 47(2) or annulled by the Local Court under section 50, the Local Court is to hear and determine the matter as if no penalty notice enforcement order had been previously made.
(1) The Commissioner or the Local Court, when deciding whether or not to withdraw or annul a penalty notice enforcement order under this Division, may stay enforcement action under the penalty notice enforcement order subject to such terms and conditions as the Commissioner or Court thinks fit. (2) A penalty notice enforcement order may be withdrawn or annulled completely or only to the extent of some of the penalty notices to which it applies. (3)
(1) This Part applies to the enforcement of—
(a) a fine imposed by a court following the making of a court fine enforcement order, and (b) the amount payable under a penalty notice following the making of a penalty notice enforcement order.
(1) The notice of a fine enforcement order must inform the fine defaulter that—
(a) the order has been made, and (b) the defaulter has until the final date specified in the notice to pay the fine and enforcement costs specified in the notice, and (c) if the payment is not made by that final date, further enforcement action will be taken against the defaulter to enforce the fine in accordance with this Part and, in particular, that the defaulter will be liable without further notice to have any driver licence or vehicle registration suspended or cancelled or property seized and sold, and (d) if the payment is not made by that final date, further enforcement costs will be payable (indicating, except as provided in subsection (1A), each amount of those costs and circumstances in which it is payable), and (e) review options are available relating to the fine enforcement order, including withdrawal, annulment, time to pay and the writing off of fines.
(1) Notice of a fine enforcement order may be served on a person—
(a) personally, or (b) by post, or (c) by means of a document exchange, or (d) in an approved electronic manner, or (e) by any other manner prescribed by the regulations.
(1) The Commissioner may at any time, on the application of a fine defaulter or on the Commissioner’s own initiative, amend a fine enforcement order to correct an error.
(1) Enforcement action is to be taken against a fine defaulter under this Division if—
(a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or (b) the Commissioner has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or (c) the Commissioner has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Commissioner. (2) Transport for NSW is to take that enforcement action when it is directed by the Commissioner to do so. (3) Despite subsections (1) and (2), enforcement action is not to be taken under this Division if—
(a) the offence—
(i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or (ii) in respect of which the penalty notice from which the fine concerned arises was issued to the fine defaulter, occurred while the fine defaulter was under the age of 18 years, and (b) the offence is not a traffic offence. (3A)
(1) Transport for NSW must, without further notice, suspend any driver licence of a fine defaulter against whom it is required to take enforcement action for the balance of the period of the licence. (1A) Transport for NSW must suspend the driver licence of a fine defaulter even if the Commissioner has—
(a) granted an extension of time for the payment of the fine, or (b) allowed the fine defaulter to pay the fine by instalments, after requiring Transport for NSW to take enforcement action.
(1) This section applies to a fine defaulter if—
(a) the driver licence or vehicle registration of the fine defaulter is suspended or cancelled under this Division, or (b) Transport for NSW is required to take enforcement action against the fine defaulter under this Division, but any such action to suspend or cancel the driver licence or vehicle registration of the fine defaulter is not available. (2) Transport for NSW must, unless the Commissioner otherwise directs, refuse to exercise any of the following functions if this section applies to a fine defaulter—
(a) the issue of a driver licence to the fine defaulter or the renewal of the driver licence of the fine defaulter, (b) the registration of a vehicle in the name of the fine defaulter or the renewal of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators), (c) the transfer to another person of the registration of a vehicle of which the fine defaulter is the registered operator (or one of the registered operators), (d) the issue of a number plate to the fine defaulter, (e) the testing of the fine defaulter for the purpose of the issue of a driver licence, (f) the issue of an unregistered vehicle permit to the fine defaulter, (g) the registration of a motor vehicle in the name of the fine defaulter, or the renewal of registration of a motor vehicle in the name of the fine defaulter, under the , Recreation Vehicles Act 1983 (h) the issue of trader’s plates to the fine defaulter, (i) the processing of a number plate exchange for the fine defaulter, (j) the reservation of a particular number plate for the fine defaulter, (k) the ordering of a particular number plate, or a particular design of number plate, for the fine defaulter, (l) the testing of the fine defaulter to ascertain the fine defaulter’s eligibility for a driver’s licence, (m) the booking of a driving test for the fine defaulter, (n) the exercise of any other function of Transport for NSW requested by the fine defaulter, being a function of a kind prescribed by the regulations for the purposes of this section.
(1) A person may apply to Transport for NSW for restoration or reinstatement of a driver licence suspended or cancelled, or vehicle registration cancelled, under this Division if—
(a) in the case of a penalty notice enforcement order—the person has lodged an application under Division 5 of Part 3 to have an application to annul the fine enforcement order concerned determined by the Local Court, or (b) in the case of a court fine enforcement order—the person has lodged an appeal against the conviction or sentence in respect of which the fine concerned was imposed or the person has lodged an application under Part 2 of the to annul that conviction or sentence, Crimes (Appeal and Review) Act 2001 and those proceedings have not been determined.
(1) A vehicle insurance policy is not terminated by the cancellation of the registration of the vehicle under this Division or the suspension or cancellation of the driver licence of the driver of the vehicle under this Division.
(1) Transport for NSW must suspend visitor privileges of a fine defaulter against whom it is required to take enforcement action.
(1) A person may apply to Transport for NSW for restoration of visitor privileges suspended under this Division if—
(a) for a penalty notice enforcement order—the person has lodged an application under Part 3, Division 5 to have an application to annul the order determined by the Local Court and the proceedings have not been determined, or (b) for a court fine enforcement order—the person has lodged an appeal against the conviction or sentence in relation to which the fine was imposed, or the person has lodged an application under the , Part 2 to annul the conviction or sentence, and the proceedings have not been determined. Crimes (Appeal and Review) Act 2001
(1) Transport for NSW has the same functions in relation to a boat driving licence or vessel registration certificate as it has under Subdivision 2 in relation to a driver licence or vehicle registration.
(1) Enforcement action is to be taken against a fine defaulter under this Division if the fine defaulter has not paid the fine as required by the notice of the fine enforcement order served on the fine defaulter and—
(a) enforcement action is not available under Division 3, or (b) the fine remains unpaid 21 days after the Commissioner directed Transport for NSW to take enforcement action under Division 3.
(1) The Commissioner may make an order for the seizure of the property of a fine defaulter for the purpose of levying the fine payable by the fine defaulter on that property. The order is called a property seizure order .Note— The defines property to include land as well as personal property. Interpretation Act 1987 (2) The Commissioner may make a property seizure order only if satisfied that enforcement action is authorised against the fine defaulter under this Division. (3) The order may be made in the absence of, and without notice to, the fine defaulter.
(1) The Commissioner may make an order that all debts due and accruing to a fine defaulter from any person specified in the order are attached for the purposes of satisfying the fine payable by the fine defaulter (including an order expressed to be for the continuous attachment of the wage or salary of the fine defaulter). The order is called a garnishee order .(2) The Commissioner may make a garnishee order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.
(1) The Commissioner may apply to the Registrar-General for registration of a fine enforcement order in relation to any land owned by the fine defaulter (including any land owned jointly with another person). (2) An application may not be made under this section unless the amount payable under the order (or the total amount payable under the orders) to which the application relates exceeds $1,000 or such other amount as is prescribed by the regulations. (3) An application under this section must define the land to which it relates. (4) The Registrar-General must, on application under this section and lodgment of a copy of the fine enforcement order, register the order in relation to the land in such manner as the Registrar-General thinks fit.
(1) The Commissioner may issue an order (an order for examination ) under this section for the purpose of enabling enforcement action to be taken under this Division.(2) An order for examination may be directed—
(a) if the fine defaulter is a natural person—to the fine defaulter, or (b) if the fine defaulter is a corporation—to an officer or former officer of the corporation. (3) An order for examination—
(a) is to require the person to whom it is directed to attend before the Commissioner or other specified authorised officer, or before a specified officer of a court, at the place specified in the order, and (b) is to require the person to so attend on a day and at a time specified in the order and thereafter as required by the Commissioner or officer to be orally examined as to the fine defaulter’s property and other means of satisfying the fine and generally as to the fine defaulter’s financial circumstances, and (c) may require the person to produce to the Commissioner or officer, at any such examination, any document or other thing in the person’s possession or control that tends to show the fine defaulter’s true financial circumstances.
(1) If a person who is issued with an order for examination fails to attend in accordance with the order, the Commissioner may issue a warrant for the apprehension of the person and for the person to be brought before the Commissioner or other specified authorised officer, or before a specified officer of a court, for examination in accordance with this section.
(1) The person executing a property seizure order may, at any reasonable time of the day or night, enter any premises for the purposes of executing the order. (2) Subsection (1) does not authorise any such person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under this section. (3) Any such person may apply to an authorised officer for the issue of a search warrant if the person believes on reasonable grounds that there may be property liable to seizure under the property seizure order in any premises.
(1) The costs and expenses reasonably incurred by the Sheriff in taking enforcement action under this Division and approved by the Commissioner are enforcement costs payable by the fine defaulter under the fine enforcement order. (2) The amount of those costs and expenses is to be determined in accordance with the scale applicable to the enforcement of judgment debts under the , but is to be reduced by any amount prescribed under section 16 (2) (c) or 44 (2) (c) as payable to the Consolidated Fund. Civil Procedure Act 2005
(1) A property seizure order, garnishee order or charge on land under this Division is cancelled on the service of a community service order on the fine defaulter under Division 5 for the enforcement of the fine concerned.
(1) The Commissioner may make an order under this Division requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid. (2) An order may be either—
(a) in the case of an adult—a community correction order subject to a community service work condition, or (b) in the case of a child—a community service order. (3) The Commissioner may make an order only if satisfied that enforcement action is authorised against the fine defaulter under this Division. (4) The Commissioner is not to make an order—
(a) if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work, and (b) unless the Commissioner has obtained a report from an appropriate officer concerning the person’s suitability to be so engaged and the report indicates that the person is assessed as suitable.
(1) As soon as practicable after making an order under this Division, the Commissioner must cause a copy of the order and written notice of the order to be served on the fine defaulter.
(1) The order and notice may be served on the fine defaulter only in accordance with the directions of the Commissioner.
(1) The number of hours of community service work, specified in an order made under this Division, to be served by the fine defaulter is to be calculated at the rate of 1 hour for each $15 of the amount of the fine that remains unpaid. (2) The number of hours specified in any one order must not exceed 300 hours (in the case of an adult) or 100 hours (in the case of a child). The fine defaulter may be subject to more than one order under this Division at any one time.
(1) The Commissioner may revoke an order made under this Division if satisfied that the fine defaulter who is subject to the order has failed, without reasonable excuse, to comply with the order or the requirements imposed with respect to the order by or under the or the Crimes (Administration of Sentences) Act 1999 as the case requires. Children (Community Service Orders) Act 1987 (2) The Commissioner is not to revoke an order under subsection (1) unless the relevant assigned officer (within the meaning of that Act) has reported the breach to the Commissioner. The Commissioner may decide not to revoke an order following the report of a breach of the order to the Commissioner. (3) The Commissioner may revoke an order made under this Division if satisfied, following a report by the assigned officer, that the fine defaulter is not capable of performing work under the order or is otherwise not suitable to be engaged in such work.
(1) A work and development order may be made by the Commissioner with respect to a person in relation to all or part of an unpaid fine if—
(a) a fine enforcement order has been made with respect to the person in relation to the fine, and (b) the person—
(i) has a mental illness, or (ii) has an intellectual disability or cognitive impairment, or (iii) is homeless, or (iv) is experiencing acute economic hardship, or (v) has a serious addiction to drugs, alcohol or volatile substances, and (c) a community correction order or community service order is not in force under Division 5 against the fine defaulter in respect of the fine, and (d) an application is made in accordance with this Subdivision. (2) An application for an order is to—
(a) be made to the Commissioner by or on behalf of the person, and (b) be supported by each approved person who is to supervise the person in complying with the order, and (c) set out the grounds for making the order, the activities that are proposed to be carried out under the order and a proposed time for the completion of those activities. (2A) If the application for the order is in relation to a person who has a serious addiction to drugs, alcohol or volatile substances but does not satisfy any of the other criteria referred to in subsection (1) (b), the only activities that the person may be required to carry out under the order are counselling and drug or alcohol treatment.
(1) An application for a work and development order may include an assessment by the approved person or persons supporting the application as to whether the person for whom the order is sought meets any of the criteria specified in section 99B (1) (b).
(1) In this section— person involved , in relation to unpaid work under a work and development order, includes any person (including a corporation)—
(a) for whose benefit that work is performed, or (b) who directs or supervises that work, specifies its terms or conditions or controls it, or (c) who owns or occupies the premises or land on which that work is performed, but does not include the person by whom the work is performed. (2) No act or omission of a person by whom unpaid work under a work and development order is performed gives rise to civil liability on the part of any person involved in that work if the act or omission occurs in the course of that work. (3) No act or omission of a person involved in unpaid work under a work and development order gives rise to civil liability to the person by whom the work is performed on the part of the person so involved if the act or omission occurs in the course of that work.
(1) The Minister administering the may issue guidelines (not inconsistent with this Act or the regulations under this Act) for or with respect to work and development orders. Crimes (Sentencing Procedure) Act 1999 (2) Without limiting subsection (1), the guidelines may make provision for or with respect to the following matters—
(a) determining the eligibility of a person for a work and development order, (b) the supporting evidence required in relation to any aspect of eligibility for a work and development order, (c) the keeping of any such supporting evidence and any other documentation in relation to the carrying out of activities under work and development orders, (d) the value of the activities that are to be undertaken under a work and development order for the purposes of satisfying the fine to which the order relates, (e) the manner of making an application for a work and development order, (f) the requirements for obtaining approval as an approved organisation, (f1) the qualifications required for a social worker to be an approved person, (g) the enrolment of health practitioners as approved persons, (h) the revocation of the approval of approved organisations or enrolment of health practitioners as approved persons, (i) the conditions to be complied with and the requirements to be met by approved persons, including (but not limited to) requirements for the auditing of documentation required to be kept by approved persons and for the furnishing of reports on the carrying out of activities under work and development orders.
(1) The Commissioner may make or vary a work and development order so that it extends to all or part of an unpaid State debt that is payable by the person, in addition to a fine, if—
(a) the Commissioner has power to make, or has made, a work and development order with respect to the person in relation to the fine, and (b) the person requests or agrees to the extension of the order to that State debt, and (c) the approved person agrees to the extension of the order to that State debt, and (d) a debt recovery order has been made with respect to the person in relation to the State debt. (2) A request may be made in anticipation of a debt recovery order being made with respect to the person in relation to the State debt. (3) If the Commissioner makes a work and development order that applies to both a fine and State debt, this Subdivision (except section 99E) applies in relation to the State debt as if it were a fine.
(1) At any time before a community correction order or community service order is issued under Division 5, a fine defaulter may make an application to the Commissioner for time to pay a fine. (2) The Commissioner may, by order, allow further time to pay the fine. (3) The Commissioner may—
(a) extend the time for payment of the whole fine, or (b) allow the fine to be paid by instalments of such amounts, and at such times, as the Commissioner specifies. (3A) In particular, the Commissioner may allow a person to pay the fine in instalments, as a regular direct debit, if the Commissioner—
(a) is satisfied that adequate arrangements are in place for such a regular payment to be made, and (b) agrees to the fine being paid in this manner. (4) If an instalment of a fine is not paid by the due date, the remaining instalments then become due and payable unless the Commissioner otherwise orders. (4A) An order allowing further time to pay a fine may be amended or revoked by a further order made on the application of the person liable to pay the fine or on the Commissioner’s own initiative.
(1) After a fine enforcement order is made and before a community correction order or community service order is issued under Division 5 in the matter, an application to have the fine written off may be made to the Commissioner by the fine defaulter. (1A) The Commissioner may, on the application of a fine defaulter or at the Commissioner’s own discretion, write off, in whole or in part, an unpaid fine—
(a) if satisfied that, due to any or all of the financial, medical or personal circumstances of the fine defaulter—
(i) the fine defaulter does not have sufficient means to pay the fine and is not likely to have sufficient means to pay the fine, and (ii) civil enforcement action has not been or is unlikely to be successful in satisfying the fine, and (iii) the fine defaulter is not suitable to be subject to a community service order under Division 5, or (b) in accordance with guidelines issued under section 120.
(1) The Hardship Review Board may, on an application by or on behalf of a fine defaulter, review a decision by the Commissioner with respect to the following—
(a) the making of, the failure to make or the varying or revocation of, a work and development order, (b) the making of, or the failure to make, a time to pay order, (c) the writing off or the failure to write off, the whole or part of, an unpaid fine. (1A) The fine defaulter must be a natural person. (2) A fine defaulter may not make more than one application under this section in relation to the same fine.
(1) Where, under a conviction of a reciprocating court, a fine is payable by a body corporate having or appearing to have property in New South Wales and the Commissioner receives a request in writing from the relevant officer of the reciprocating court for the enforcement of the fine, accompanied by—
(a) a copy, certified by the relevant officer to be correct, of the conviction, and (b) a certificate under the hand of the relevant officer specifying the amount of the fine that remains unpaid, the Commissioner is required—
(c) to register the certified copy of the conviction, and (d) to note, on the certified copy, the date of registration.
(1) The Commissioner may make an order (an interstate fine enforcement order ) for the enforcement of an interstate fine in this jurisdiction.
(1) Part 4 (Fine enforcement action) applies to the enforcement of an interstate fine following the making of an interstate fine enforcement order in the same way as it applies to a NSW fine following the making of a NSW fine enforcement order.
(1) The originating jurisdiction for an interstate fine may request the Commissioner to make an interstate fine enforcement order in relation to the fine if—
(a) the liability of the offender to pay the fine has not been fully discharged, and (b) there is reason to believe that the offender has a relevant connection with this jurisdiction.
(1) The originating jurisdiction for an interstate fine may, at any time, by notice in writing to the Commissioner, request the Commissioner to amend or withdraw an interstate fine enforcement order for the interstate fine.
(1) The Commissioner may (and, if requested by the originating jurisdiction for the interstate fine, must) amend an interstate fine enforcement order—
(a) to reduce the amount that is payable under the order to recognise payments made in the originating jurisdiction to partially discharge the fine, or (b) to otherwise correct an error.
(1) If an interstate fine enforcement order is amended—
(a) the order continues to have effect in its amended form, and (b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under the order (as amended), a NSW fine enforcement order or another interstate fine enforcement order, and (c) any amount that has already been paid under the order is taken to have been paid under the order (as amended), and (d) any excess amount paid is repayable to the person by whom it was paid.
(1) The Commissioner is authorised—
(a) to make a request in accordance with the law of a participating jurisdiction for the enforcement in that jurisdiction of a NSW fine enforcement order, and (b) to request the amendment or withdrawal of enforcement action in that jurisdiction in accordance with the law of the participating jurisdiction, and (c) to exercise the functions of a fine enforcement officer under Part 7 of the of the Commonwealth. Service and Execution of Process Act 1992 (2) The Commissioner may make a request for the enforcement of a NSW fine enforcement order in a participating jurisdiction only if—
(a) the liability of the offender to pay the NSW fine to which the NSW fine enforcement order applies has not been fully discharged, and (b) the Commissioner is satisfied that enforcement action under this Act has not been successful or is likely to be unsuccessful, and (c) there is reason to believe that the offender has a relevant connection with the participating jurisdiction, and (d) no other enforcement action is being taken in relation to the order in any other participating jurisdiction.
(1) Subject to section 109A, an ancillary money order is enforceable as if it were a judgment for the payment of that amount under the . Civil Procedure Act 2005
Note— See Part 10, as in force between 1 December 2013 and 30 November 2014, for the trial for the enforcement of restitution orders that preceded this Part.
(1) For the purposes of this Act, a restitution amount is taken to be a fine imposed by a court.
(1) The Commissioner may, for the purpose of enforcing payment of a restitution amount, make an attachment order in relation to a person’s prison earnings. (2) An attachment order is an order that authorises deductions to be made from a person’s prison earnings and applied towards payment of a restitution amount payable by the person.
(1) The Commissioner must not commence enforcement action under this Part, and is to suspend any enforcement action already taken, in respect of a restitution amount payable by a person if the Commissioner of Victims Rights notifies the Commissioner of a relevant appeal by the person. (2) Subsection (1) has effect until the appeal proceedings have been finally determined. (3) The Commissioner suspends enforcement action as follows—
(a) by directing Transport for NSW to cease enforcement action under Division 3 of Part 4, Note— See section 65 (4). (b) by cancelling any property seizure order that has already been made in relation to the restitution amount that has not been executed, (c) by cancelling any garnishee order for payment of the restitution amount that has already been made in relation to the debts due and accruing to the person, (d) by cancelling any attachment order that has already been made against the person for payment of the restitution amount.
(1) Any amount recovered under a court fine enforcement order made under this Part is to be applied as follows—
(a) firstly, towards enforcement costs payable under the court fine enforcement order, (b) secondly, towards payment of the restitution amount.
(1) An enforcement function may be exercised by the Commissioner or by any person employed in the Public Service who is authorised by the Commissioner to exercise that function.
(1) The Commissioner, or any other person engaged in the administration of this Act, may disclose personal information obtained in relation to a person in the administration or execution of this Act—
(a) in connection with the administration or execution of this Act (including for the purpose of the imposition, administration or enforcement of a fine), or (a1) to a tax officer (within the meaning of the ) for the purposes of the administration or execution of a taxation law (within the meaning of that Act), including for the purpose of any legal proceedings arising out of a taxation law or a report of any such proceedings, or Taxation Administration Act 1996 (a2) to a person engaged in the administration or execution of the following laws for the purposes of the administration or execution of those laws (including for the purpose of any legal proceedings arising out of any of those laws or a report of any such proceedings)—
(i) the or a corresponding law of another State or a Territory, First Home Owner Grant (New Homes) Act 2000 (ii) the , or Unclaimed Money Act 1995 (a3) to the Chief Commissioner under the in connection with the administration or execution of the debt recovery guidelines under that Act, or State Debt Recovery Act 2018 (b) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates, or (c) in the case of information obtained in relation to a fine defaulter—
(i) to a government agency that is a prosecuting authority in relation to the offence concerned or on whose behalf the offence was prosecuted, or (ii) to a government agency on whose behalf the penalty notice for the offence concerned was issued, or (iii) to the Hardship Review Board, or (iv) to an officer or agency of a participating jurisdiction (within the meaning of Part 5A) in connection with a request for the enforcement of, or the enforcement of, a fine enforcement order in that jurisdiction, or (v) to an interstate fine enforcement authority (within the meaning of Part 5A), or other officer or agency of an originating jurisdiction for an interstate fine (within the meaning of that Part), in connection with a request for an interstate fine enforcement order, or (vi) to a person engaged in the administration or execution of the , in connection with a matter referred to the Commissioner for the making of a court fine enforcement order under this Act, or Victims Rights and Support Act 2013 (d) as authorised or required by or under any other Act.
(1) If the Commissioner becomes aware of an unlawful disclosure of personal information about an individual that is held by the Commissioner, the Commissioner must, within 28 days after becoming aware of the disclosure, notify the individual of that disclosure in accordance with any directions given to the Commissioner by the Privacy Commissioner in relation to the matter.
(1) A fines officer may issue a penalty notice to a person if it appears to the officer that the person has committed an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) The Minister may issue guidelines (not inconsistent with this Act or the regulations) with respect to the following—
(a) the exercise by the Commissioner of the Commissioner’s functions under this Act (including writing off unpaid fines, the issue of fine enforcement orders, the issue of community correction orders or community service orders under Division 5 of Part 4 and the taking of other enforcement action under this Act), (b) the exercise by registrars of courts of their functions under this Act (including the determination of time for payment of fines imposed by courts), (c) the exercise by Transport for NSW, the Sheriff and other persons of their functions under this Act in connection with the taking of enforcement action, (d) (e) the class of persons in respect of whom the Commissioner must not make a reallocation of an overpayment under section 122C.
(cf sec 5 (1)) Fines and Penalties Act 1901
(cf sec 5 (3)) Fines and Penalties Act 1901
(1) The Commissioner must refund the following to a person—
(a) any amount received from the person that exceeds the amount payable to the Commissioner by the person under this Act, (b) any amount repayable to the person under this Act. (2) The Commissioner may, instead of refunding an amount to a person, reallocate the amount towards the payment of any other amount payable by the person under this Act (a reallocation ).(3) The Commissioner must not, unless requested by the person, make a reallocation of an amount otherwise refundable to a person under this section if the person—
(a) was in receipt of a Government benefit at the time the person became entitled to the refund, or (b) belongs to a class of persons specified in guidelines issued under section 120.
(1) Despite sections 25 and 26, a penalty reminder notice may be served on a person even if the penalty notice to which it relates was returned as being undelivered to its sender after being sent to the person at the person’s recently reported postal address, unless the appropriate officer concerned has received some other evidence that the penalty notice was not issued to the person.