2004
2004
2005-07-01
act
government
publicspecial
act.reprint
allinforce
2004-06-02
2004-06-02
0
2005-07-01
act-2005-064
2004
none
act-2004-043
6071dd92-5a54-472b-a989-0d46f26d36a0
86534ba9-95a2-4cfc-88b2-3441e5598a4c
Note—
The Act was repealed by Sch 3 to the Statute Law (Miscellaneous Provisions) Act 2005
No 64 with effect from 1.7.2005.
An Act to amend the Fines
Act 1996 with respect to the enforcement of penalty
notices, fine enforcement order procedures and the review, withdrawal and
annulment of fine enforcement orders and fine enforcement action; and for
other purposes.
1Name of
Act
This Act is the Fines Amendment
Act 2004.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Fines Act 1996 No
99
The Fines Act
1996 is amended as set out in Schedule
1.
Schedule 1Amendments
(Section 3)
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
Hardship
Review Board means the Hardship Review Board constituted
under section 101A.
[2]Section 13 Referral for a
court fine enforcement order
Insert at the end of section 13:
(2)
A matter may be referred to the State Debt
Recovery Office for the making of a court fine enforcement order:
(a)
by post, or
(b)
by means of a document exchange,
or
(c)
by facsimile transmission or other electronic
transmission.
[3]Section 14 When an order may
be made
Insert after section 14 (3):
(4)
The State Debt Recovery Office may, but is not
required to, make a court fine enforcement order if a fine to which it is to
apply has previously been the subject of a court fine enforcement order in
respect of which any enforcement action has been taken.
[4]Section 15 Form of court
enforcement order
Omit section 15 (1). Insert instead:
(1)
A court fine enforcement order must specify the
following matters:
(a)
the fine defaulter’s name, address and date
of birth (if known),
(b)
a description of the offence in respect of which
each fine to which the order applies was imposed,
(c)
the date on which the fine was
imposed,
(d)
the amount required to be paid, being the amount
of the fine that remains to be paid, together with specified enforcement
costs.
[5]Section 17 Withdrawal of
order
Omit section 17 (1). Insert instead:
(1)
The State Debt Recovery Office may, on
application or its 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.
[6]Section 18 Regulations
relating to orders
Omit the section.
[7]Section
37A
Insert after section 37:
37AExtension 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
36.
(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.
[8]Section 38 Circumstances in
which person issued with penalty reminder notice for vehicle or vessel offence
is not liable to pay penalty
Omit “radar or camera (or any other device
prescribed by the regulations)” from paragraph (b) of the definition of
vehicle
or vessel offence in section 38 (4).
Insert instead “an approved camera
detection device or an approved speed measuring device within the meaning of
the Road Transport (Safety and Traffic Management) Act
1999”.
[9]Section 38 (4), definition of
“vehicle or vessel offence”
Omit paragraph (c) of the definition. Insert
instead:
(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 38C of the Forestry Act 1916,
(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 43 of the Road Transport (General) Act
1999,
(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.
[10]Section 42 When a penalty
notice enforcement order may be made
Omit section 42 (1) (f). Insert instead:
(f)
a court attendance notice in relation to the
offence has not been issued, and
[11]Section 42 (1)
(g)
Omit the paragraph.
[12]Section 42
(1A)
Insert after section 42 (1):
(1A)
A penalty notice enforcement order may not be
made later than:
(a)
if the applicable limitation period in relation
to the offence is less than 12 months—12 months from when the offence
was committed or is alleged to have been committed, or
(b)
if the applicable limitation period in relation
to the offence is 12 months or greater—the expiry of that limitation
period.
[13]Section 42 (2) and
(2A)
Omit section 42 (2). Insert instead:
(2)
An application for a penalty notice enforcement
order must certify:
(a)
that the matters specified in subsection (1)
(other than subsection (1) (d)) are satisfied, and
(b)
that the amount payable under the penalty notice
has not been paid, and
(c)
that the period for making the order (as referred
to in subsection (1A)) has not expired.
(2A)
The State Debt Recovery Office may rely on the
certificate for the purpose of making the order.
[14]Section 43 Form of penalty
notice enforcement order
Omit section 43 (1). Insert instead:
(1)
A penalty notice enforcement order must specify
the following matters:
(a)
the fine defaulter’s name, address and date
of birth (if known),
(b)
a description of the offence in respect of which
each fine to which the order applies was imposed,
(c)
the date on which the fine was
imposed,
(d)
the amount required to be paid, being the amount
that remains to be paid under the penalty notice, together with specified
enforcement costs.
[15]Section 46 Withdrawal of
order
Omit section 46 (1). Insert instead:
(1)
The State Debt Recovery Office may, on
application or its own initiative, withdraw a penalty notice enforcement order
if satisfied that:
(a)
a fine to which it applies has previously been
the subject of a penalty notice enforcement order in respect of which any
enforcement action has been taken, or
(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, or
(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, or
(d)
the order was otherwise made in
error.
[16]Section 47 Regulations
relating to orders
Omit section 47 (a) and
(b).
[17]Section 48 Applications for
annulment of orders
Omit section 48 (2) and
(4).
[18]Section 49 Determination of
applications by State Debt Recovery Office
Omit section 49 (1).
[19]Section 49
(2)
Omit “made by a person other than the
Minister”.
[20]Section 49 (2)
(b1)
Insert after section 49 (2) (b):
(b1)
a question or doubt has arisen as to the
person’s liability for the penalty or other amount concerned,
or
[21]Section 49
(7)
Insert after section 49 (6):
(7)
The State Debt Recovery Office may, but is not
required to, refund any application fee for an application for an annulment
that is successful.
[22]Section
49A
Insert after section 49:
49AReview of penalty notice where
doubt as to liability
(1)
Before the State Debt Recovery Office annuls a
penalty notice enforcement order made against a person on the ground that a
question or doubt has arisen as to the person’s liability for the
penalty or other amount concerned, it must refer the matter to the appropriate
officer who applied for the order or the person or body on behalf of whom the
penalty notice was issued (the prosecuting
authority).
(2)
The prosecuting authority must review the matter
to determine whether a penalty notice to which the penalty notice enforcement
order applies should be withdrawn.
(3)
A review is to be dealt with in the absence of
the parties, unless the prosecuting authority otherwise
determines.
(4)
The prosecuting authority must notify the
applicant for the annulment and the State Debt Recovery Office of its
determination on the review of the penalty notice.
(5)
If the prosecuting authority determines that a
penalty notice should be withdrawn (in whole or in part), the State Debt
Recovery Office must withdraw the penalty notice enforcement order (in whole
or in part) under section 46.
(6)
The State Debt Recovery Office must, if a penalty
notice is not withdrawn on review or there is no decision on a review within
42 days after referral for review, grant the application for annulment and
annul the penalty notice enforcement order under section
49.
[23]Section 50 Appeal against
refusal of application by State Debt Recovery Office
Insert “, not later than 28 days after
notice is given of the refusal,” after “may” in section 50
(1).
[24]Section 50
(5)
Omit “limiting the time for making
applications and”.
[25]Section 51 Proceedings for
alleged offence if fine enforcement order annulled
Omit “an information” from section 51
(4) (a).
Insert instead “a court attendance
notice”.
[26]Section 51
(4)
Omit “The person who made the application
for the order, or an appropriate officer nominated by that person, is taken to
be the informant.”.
Insert instead “The appropriate officer for
the penalty notice is taken to be the prosecutor for the
offence.”.
[27]Section 58 Summary of
enforcement procedure
Insert after section 58 (1) (f):
(g)Fine mitigation
A fine defaulter may seek further time to pay and
the State Debt Recovery Office may write off unpaid fines. Applications for
review may be made to the Hardship Review Board (see Division
8).
[28]Section 60 What notice must
say
Insert at the end of section 60 (1) (d):
, and
(e)
review options are available relating to the fine
enforcement order, including withdrawal, annulment, time to pay and the
writing off of fines.
[29]Section 61 Service of
notice
Insert at the end of section 61 (3) (c):
, or
(d)
the address provided for the person under section
117, if the State Debt Recovery Office is satisfied that it is the most recent
address available for the person.
[30]Section 65 When enforcement
action taken under this Division
Omit section 65 (3) (b). Insert instead:
(b)
the offence is not a traffic
offence.
[31]Section 65 (4A) and
(4B)
Insert after section 65 (4):
(4A)
If the Roads and Traffic Authority has taken fine
enforcement action against a fine defaulter who is granted a first extension
of time under this Act for payment of the fine, and the fine defaulter pays 6
instalments in accordance with the extension of time:
(a)
the State Debt Recovery Office must direct the
Roads and Traffic Authority to cease the enforcement action,
and
(b)
the Roads and Traffic Authority is to cease the
enforcement action.
(4B)
The State Debt Recovery Office may direct the
Roads and Traffic Authority to recommence enforcement action in respect of a
fine defaulter referred to in subsection (4A) if the fine defaulter fails to
pay any further instalment in accordance with the extension of time to
pay.
[32]Section 65
(6)
Insert at the end of section 65:
(6)
In this section:
traffic
offence means:
(a)
an offence arising under a provision of the
following Acts in respect of the use, standing or parking of a motor
vehicle:
(i)
the road transport legislation within the meaning
of the Road Transport (General) Act
1999,
(ii)
the Roads Act
1993,
(iii)
the Motor Vehicles
(Third Party Insurance) Act 1942,
(iv)
the Recreation
Vehicles Act 1983, or
(b)
an offence arising under a provision of any other
law in respect of the standing or parking of a motor
vehicle.
[33]Section 68 Suspension of
dealings with Roads and Traffic Authority
Omit section 68 (2) (f). Insert instead:
(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 the
Authority requested by the fine defaulter, being a function of a kind
prescribed by the regulations for the purposes of this
section.
[34]Section 79 Making of community
service order against fine defaulter
Insert “(other than sections 92 and
93)” after “Part 7” in section 79 (6)
(a).
[35]Section 79 (6)
(b)
Insert “and any regulations made for the
purposes of that Part” after
“1999”.
[36]Section 79
(8)
Insert after section 79 (7):
(8)
A community service order is to be in the form
prescribed by the regulations.
[37]Sections 80 and
80A
Omit section 80. Insert instead:
80Service and notice of
order
(1)
As soon as practicable after making a community
service order under this Division, the State Debt Recovery Office must cause a
copy of the order and written notice of the order to be served on the fine
defaulter.
(2)
The notice must be in the form prescribed by the
regulations and must include the following information:
(a)
the place at which, or person to whom, the fine
defaulter must present himself or herself, in person, for the purpose of
enabling the administration of the order to be commenced,
(b)
the period within which the fine defaulter must
present himself or herself.
(3)
Three copies of the notice must be served on the
fine defaulter.
(4)
The fine defaulter must sign 3 copies of the
notice in the presence of the person by whom it was served. Of the
copies:
(a)
one is to be kept by the fine defaulter,
and
(b)
one is to be served by the person who served the
notice on the fine defaulter on the Commissioner of Corrective Services or the
Director-General of the Department of Juvenile Justice, whichever is
appropriate, and is to be kept by the Commissioner or Director-General, as
appropriate, and
(c)
one is to be served by that person on, and kept
by, the State Debt Recovery Office.
(5)
A community service order is not invalidated by a
failure to comply with this section or section 80A.
80AProvisions relating to service
of orders and notice
(1)
The community service order and notice may be
served on the fine defaulter only in accordance with the directions of the
State Debt Recovery Office.
(2)
The order and 3 copies of the notice are to be
served personally on the fine defaulter by the Sheriff or the Sheriff’s
officers or by a court bailiff authorised by the
Sheriff.
(3)
The person who serves a community service order
under this Division is required to explain the order to the fine defaulter on
whom it is served.
(4)
The explanation is to be given in a language
likely to be understood by the fine defaulter and is to include information as
to the following matters:
(a)
the requirements to be complied with by the fine
defaulter under the order,
(b)
the consequences that may follow if the fine
defaulter fails to comply with those requirements,
(c)
the fact that the order may be satisfied by
payment of such part of the fine as has not been satisfied by the performance
of community service work under the order.
[38]Section 85 Provisions relating
to orders
Omit section 85 (2) and
(3).
[39]Section 87 Imprisonment
following breach of community service order
Omit “Division 5” from section 87
(1). Insert instead “section 86 (1)”.
[40]Section 87
(2A)
Insert after section 87 (2):
(2A)
A warrant:
(a)
must be in the prescribed form,
and
(b)
is sufficient authority for any police officer to
convey the fine defaulter to the correctional centre identified in the
warrant, and
(c)
is sufficient authority for the governor of the
correctional centre to keep the fine defaulter in his or her custody for the
period of imprisonment calculated in accordance with this
Division.
[41]Section 89 Periodic
detention
Omit section 89 (3) (b).
[42]Section 89 (3) (e) and
(f)
Omit section 89 (3) (e). Insert instead:
(e)
if an earlier order for periodic detention
(whether under this Act or the Crimes
(Sentencing Procedure) Act 1999) has been revoked because
the fine defaulter has failed to serve a sentence of imprisonment in
accordance with the requirements of the order, or
(f)
in any other circumstances prescribed by the
regulations.
[43]Section 89 (8)
(a)
Omit “Divisions 1 and 4 of Part
5”.
Insert instead “Division 1 of Part 5,
section 66 and Divisions 3 and 4 (other than sections 71 and 72) of Part
5”.
[44]Section 89 (8)
(b)
Insert “, and regulations made under those
Parts,” after “1999”.
[45]Sections 89A and
89B
Insert after section 89:
89AService and notice of order
for periodic detention
(1)
As soon as practicable after making an order
under this Division (a periodic
detention order), the Commissioner of Corrective Services
must cause a copy of the order and written notice of the order to be served on
the fine defaulter, the State Debt Recovery Office and the governor of the
periodic detention centre to which the fine defaulter is committed to serve
the sentence.
(2)
The notice must be in the form prescribed by the
regulations and must include the following information:
(a)
the periodic detention centre to which the fine
defaulter must report,
(b)
the date on which, and the time at which, the
fine defaulter is first to report to the periodic detention centre,
and
(c)
the day of the week on which, and the time at
which, the fine defaulter is subsequently to report to the periodic detention
centre during the term of the fine defaulter’s sentence of
imprisonment.
(3)
Three copies of the notice must be served on the
fine defaulter.
(4)
The fine defaulter must sign 3 copies of the
notice in the presence of the person by whom it was served. Of the
copies:
(a)
one is to be kept by the fine defaulter,
and
(b)
one is to be served by the person who served the
notice on the fine defaulter on the governor of the periodic detention centre
to which the fine defaulter is committed and is to be kept by that governor,
and
(c)
one is to be served by that person on, and kept
by, the Commissioner of Corrective Services.
(5)
An order under section 89 is not invalidated by a
failure to comply with this section or section 89B.
89BProvisions relating to
service
(1)
The periodic detention order and notice may be
served on the fine defaulter only in accordance with the directions of the
Commissioner of Corrective Services.
(2)
The order and 3 copies of the notice are to be
served personally on the fine defaulter by the Sheriff or the Sheriff’s
officers or by a court bailiff authorised by the
Sheriff.
(3)
The person who serves a periodic detention order
under this Division is required to explain the order to the fine defaulter on
whom it is served.
(4)
The explanation is to be given in a language
likely to be understood by the fine defaulter and is to include information as
to the following matters:
(a)
the requirements to be complied with by the fine
defaulter under the order,
(b)
the consequences that may follow if the fine
defaulter fails to comply with those requirements,
(c)
the fact that the order may be satisfied by
payment of such part of the fine as has not been satisfied by the period of
imprisonment served under the order.
[46]Section 100 Time to
pay
Omit the note to section 100
(5).
[47]Section 101 Unpaid fines may
be written off
Omit section 101 (1). Insert instead:
(1)
After a fine enforcement order is made and before
a community service order is issued in the matter, an application to have the
fine written off may be made to the State Debt Recovery Office by the fine
defaulter.
(1A)
The State Debt Recovery Office may, on the
application of a fine defaulter or at its own discretion, write off an unpaid
fine:
(a)
if it is 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)
enforcement action under Division 4 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.
(1B)
The State Debt Recovery Office must write off an
unpaid fine if it is directed to do so by the Hardship Review
Board.
[48]Section 101
(4)
Insert after section 101 (3):
(4)
Despite subsection (3), an unpaid fine that is
written off under this section may be reinstated and enforcement action may be
recommenced by the State Debt Recovery Office in respect of the fine defaulter
at any time within 5 years after it is written off if:
(a)
a further fine enforcement order is made against
the fine defaulter, or
(b)
the State Debt Recovery Office is satisfied that
the fine defaulter has sufficient means to pay the fine, that enforcement
action is likely to be successful in satisfying the fine or that the fine
defaulter is suitable to be subject to a community service
order.
[49]Sections
101A–101C
Insert after section 101:
101AHardship Review
Board
(1)
There is to be a Hardship Review Board consisting
of:
(a)
the Chief Commissioner of State Revenue,
and
(b)
the Secretary of the Treasury,
and
(c)
the Director-General of the Attorney
General’s Department.
(2)
A member of the Hardship Review Board may appoint
a person to act in the place of the member at meetings of the
Board.
(3)
An acting member, while so acting, has the
functions of, and is taken to be, a member of the Hardship Review
Board.
101BReviews by Hardship Review
Board
(1)
The Hardship Review Board may, on the application
of a fine defaulter, review a decision by the State Debt Recovery Office to
refuse an application by a fine defaulter for time to pay a fine or to have a
fine written off.
(2)
A fine defaulter may not make more than one
application under this section in relation to the same
fine.
(3)
The Hardship Review Board may determine the
procedure for a review and may conduct a review in the absence of the
parties.
(4)
The State Debt Recovery Office may suspend
enforcement action against a fine defaulter who makes an application under
this section but is not required to do so unless given a direction under this
section.
(5)
The Hardship Review Board may direct that
enforcement action under this Part against a fine defaulter be suspended
pending its review, if it thinks it appropriate in the
circumstances.
(6)
On a review, the Hardship Review Board may direct
the State Debt Recovery Office to allow a fine defaulter further time to pay a
fine under section 100, or to write off an unpaid fine under section
101.
(7)
The Hardship Review Board may give a direction
under this section if it thinks it is appropriate to do so having regard to
the circumstances of the fine defaulter and the matters set out in section 100
or section 101 (1A) (a) and the guidelines issued under section 120, as the
case requires.
101CDisclosure of information by
Hardship Review Board
The Hardship Review Board, a member of the Board,
or a person otherwise engaged in the administration of this section or section
101A or 101B, may disclose to the Director or a member of staff of the State
Debt Recovery Office information obtained in the administration of this
section or section 101A or 101B.
[50]Section
102A
Insert after section 102:
102ALiability of minors for
enforcement costs
(1)
The State Debt Recovery Office must waive the
payment by a fine defaulter of any enforcement costs in respect of a fine
enforcement order, other than the fee for the issue of a fine enforcement
order, if the offence:
(a)
in respect of which the fine concerned was
imposed on the fine defaulter by a court, or
(b)
in respect of which the penalty notice from which
the fine concerned arises was served on the
defendant,
occurred while the fine defaulter was under the age of
18 years.
(2)
Subsection (1) does not apply in respect of a
fine enforcement order if one or more subsequent fine enforcement orders are
made against the fine defaulter in respect of an offence that occurred when
the fine defaulter was of or above the age of 18 years.
[51]Section 103 Electronic
transmission of documents
Omit section 103 (1) (b). Insert instead:
(b)
a property seizure order or warrant of
apprehension directed to the Sheriff under Division 4,
(b1)
a garnishee order or examination summons under
Division 4, or a summons requiring a garnishee under such a garnishee order to
show cause, given to the Sheriff for service,
[52]Section 103
(2)
Omit “in the manner required by the
regulations.”. Insert instead:
with the following words:
This document has been transmitted electronically
by the State Debt Recovery Office in accordance with section 103 of the
Fines Act
1996.
[53]Section 113 Establishment of
State Debt Recovery Office
Omit “Attorney General’s
Department” from section 113 (3).
Insert instead
“Treasury”.
[54]Section
117A
Insert after section 117:
117ADisclosure of information by
State Debt Recovery Office
(1)
The State Debt Recovery Office, the Director of
the Office or a member of the staff of the Office may disclose personal
information obtained in relation to a fine defaulter in the administration of
this Act to:
(a)
a government agency that is a prosecuting
authority in relation to the offence concerned or on whose behalf the offence
was prosecuted, or
(b)
a government agency on whose behalf the penalty
notice for the offence concerned was issued, or
(c)
the Hardship Review
Board.
(2)
Information may be disclosed to an agency
referred to in subsection (1) (a) or (b) only if the disclosure is reasonably
necessary to monitor the status of outstanding fines.
[55]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Fines Amendment
Act 2004
[56]Schedule 3, Part
4
Insert after Part 3 of the Schedule:
Part 4Provisions consequent on
enactment of Fines Amendment Act
2004
13Definition
In this Part:
amending
Act means the Fines Amendment
Act 2004.
14Application of section
37A
Section 37A, as inserted by the amending Act,
does not apply in relation to an offence that was committed or is alleged to
have been committed before the commencement of that
section.
15Application of amendment to
section 42
Section 42, as in force before its amendment by
the amending Act, continues to apply to a penalty notice enforcement order
that is proposed to be made in relation to an offence that was committed or is
alleged to have been committed before the commencement of the amendment as if
that section had not been so amended.
16Application of amending Act to
fine enforcement orders
(1)
Except as provided by clause 15, this Act, as
amended by the amending Act, applies to enforcement orders made after the
commencement of this clause, whether or not the offence concerned occurred
before, on or after that commencement.
(2)
Except as provided by subclause (3) and clause
17, the amendments made by the amending Act to this Act do not apply to or in
respect of fine enforcement orders made before the commencement of this
clause.
(3)
This Act, as amended by the amending Act, applies
to applications made after the commencement of this clause for the withdrawal
or annulment of fine enforcement orders, whether or not the enforcement orders
were made before, on or after that commencement.
17Reviews by Hardship Review
Board
Section 101B, as inserted by the amending Act,
extends to decisions of the State Debt Recovery Office made before the
commencement of this clause to refuse an application by a fine defaulter for
time to pay or to have a fine written off.
Historical
notes
Table of amending
instruments
Fines Amendment
Act 2004 No 43. Second reading speech made: Legislative
Assembly, 2.6.2004; Legislative Council, 22.6.2004. Assented to 6.7.2004. Date
of commencement, Sch 1 [30]–[32], [46] and [50] excepted, 1.9.2004, sec
2 and GG No 135 of 20.8.2004, p 6592; date of commencement of Sch 1
[30]–[32], [46] and [50], 1.1.2005, sec 2 and GG No 135 of 20.8.2004, p
6592.