2012
2012
2012-09-11
act
government
publicspecial
act.reprint
allinforce
2012-08-15
2012-09-05
0
2012-09-11
act-1987-015
2012
none
act-2012-061
330e6812-5427-4e2c-b3cd-5cdd682797ca
ae747c15-10d6-4712-b365-9cec6d27adcb
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 11.9.2012.
An Act to amend the Fines
Act 1996 to make further provision with respect to fines
and their enforcement.
1Name of
Act
This Act is the Fines Amendment
Act 2012.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Fines Act 1996 No
99
[1]Section 23A Person may elect
to have matter dealt with by court
Omit “, but such an election may not be
made later than 90 days after the penalty notice was served” from
section 23A (2).
[2]Section 23A
(2A)–(2D)
Insert after section 23A (2):
(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 served.
(2B)
Despite subsection (2A), a person may make such
an election at any time while a review under Division 2A of the decision to
issue the penalty notice is in progress.
Note—
Section 24I provides that a review under Division
2A is terminated on the person making such an election.
(2C)
Despite subsection (2A), if a reviewing agency
confirms the decision to issue the penalty notice, such an election may not be
made later than 28 days after the outcome of the review has been notified
under section 24E.
(2D)
This section does not apply if a penalty reminder
notice has been served in respect of the offence.
Note—
Sections 35 and 36 provide for the right to elect
to have a matter dealt with by a court, and the making of and timing for an
election, if a penalty reminder notice is served under section 24F or
26.
[3]Sections 23A (3) (c), 24G (2)
(b) (ii) and 36 (5) (c)
Omit “to whom the penalty notice was
directed” wherever occurring.
Insert instead “by whom it was
paid”.
[4]Section 24A Application for
review of penalty notice
Omit section 24A (3). Insert instead:
(3)
An application for a review may be made even if
the whole or part of the amount payable under the penalty notice has been
paid, but such an application may not be made later than:
(a)
if the whole of the amount payable under the
penalty notice has been paid and no penalty reminder notice is served in
respect of the offence—60 days after the penalty notice was served,
or
(b)
in any other case—the due date specified in
the penalty reminder notice for payment in relation to the offence
concerned.
[5]Section 24F Action to be taken
if decision to issue penalty notice is confirmed
Omit section 24F (1). Insert instead:
(1)
If, after a review under this Division, a
reviewing agency confirms a decision to issue a penalty notice in respect of
an offence by a person (and the whole amount payable under the notice has not
been paid), it must, in accordance with Division 3, serve a penalty reminder
notice in respect of the offence on the person.
Note—
Accordingly, the time for making an election to
have a matter dealt with by a court under section 36 (2) will be on or before
the due date for payment specified in the penalty reminder notice served under
this section.
[6]Section 24F
(3)
Omit the subsection.
[7]Section 36 How person may
elect to have matter dealt with by court
Omit “Subject to subsection (2), a
person” from section 36 (1A).
Insert instead “A
person”.
[8]Section 36 (2) and
(2A)
Omit section 36 (2). Insert instead:
(2)
Such an election may not be made later than the
due date specified in the penalty reminder notice for payment in relation to
the offence concerned.
(2A)
Despite subsection (2), a person may make such an
election at any time while a review under Division 2A of the decision to issue
the penalty notice is in progress.
Note—
Section 24I provides that a review under Division
2A is terminated on the person making such an election.
[9]Section 36
(3)
Omit “The statement”. Insert instead
“A statement under this section”.
[10]Section 37 Matter to
proceed
Insert “, in accordance with this
Part,” after “elects”.
[11]Section 37A Extension of time
limit for taking proceedings if person has elected to have penalty notice
matter dealt with by court
Omit the note to section 37A (2). Insert
instead:
Note—
An election to have a penalty notice matter dealt
with by a court must be made in accordance with section 23A or 36 (as
applicable).
[12]Section 42 When a penalty
notice enforcement order may be made
Insert “or 36” after “section
23A” in section 42 (1CC) (a).
[13]Section 61 Service of
notice
Insert “, 117AA or 117AB” after
“section 117” in section 61 (3) (d).
[14]Section 73 Order to garnishee
debts, wages or salary of fine defaulter
Insert after section 73 (4):
(5)
A garnishee order is sufficiently served on a
corporation if the order is transmitted electronically to the corporation and
received through an information system designated by or on behalf of the
corporation as the system to be used for the purpose of receiving the
order.
(6)
An order served electronically pursuant to
subsection (5):
(a)
if served after 5.00pm on any day, is taken
(subject to paragraph (b)) to have been served on the next day,
and
(b)
if served on a Saturday, Sunday or public
holiday, is taken to have been served on the next day that is not a Saturday,
Sunday or public holiday.
[15]Section 113 Establishment of
State Debt Recovery Office
Omit “the Treasury” from section 113
(3).
Insert instead “the Department of Finance
and Services”.
[16]Section 117 Access to
information held by police and government agencies
Omit “or assets” from section 117
(1).
Insert instead “, property, date of birth
or driver licence number”.
[17]Section 117
(1A)
Insert after section 117 (1):
(1A)
Police officers or other members of the NSW
Police Force and government agencies are authorised and required to provide
the State Debt Recovery Office, on request, with available information about a
fine defaulter’s bank account number or employer for the purposes of
making a garnishee order (within the meaning of section 73) against the
person.
[18]Section
117AB
Insert after section 117AA:
117ABAccess to and use of
information held by credit reporting agencies
(1)
A credit reporting agency is authorised to
disclose to the State Debt Recovery Office, on written request, relevant
information about a fine defaulter contained in the person’s credit
information file for the purposes of the Office taking action against the
person to enforce payment of a fine.
(2)
In this section:
credit
information file and credit
reporting agency have the same meanings as in the Privacy Act
1988 of the Commonwealth (the Privacy
Act 1988).
relevant
information about a fine defaulter means any information
included in the person’s credit information file under section 18E (1)
(a) of the Privacy Act 1988 (that is, information that is reasonably necessary
in order to identify the individual to whom the file relates).
Note—
The following kinds of information have been
determined under section 18E (3) of the Privacy Act 1988 to be reasonably
necessary to be included in an individual’s credit information file in
order to identify the individual:
(a)
full name (including any known aliases), sex and
date of birth,
(b)
a maximum of 3 addresses consisting of a current
or last known address and 2 immediately previous
addresses,
(c)
name of current or last known
employer,
(d)
driver licence number.
[19]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Fines Amendment
Act 2012
[20]Schedule
3
Insert at the end of the Schedule (with
appropriate Part and clause numbers):
PartProvisions consequent on
enactment of Fines Amendment Act
2012
Definition
In this Part:
amending
Act means the Fines Amendment
Act 2012.
Application of
amendments
(1)
The amendments made by Schedule 1 [1]–[4],
[6] and [8] to the amending Act apply only in relation to an offence that was
committed or is alleged to have been committed on or after the commencement of
the amending Act.
(2)
The amendments made by Schedule 1 [14] and
[16]–[18] to the amending Act apply in relation to an offence whether it
was committed or is alleged to have been committed before, on or after the
commencement of the amending Act.
Historical
notes
Table of amending
instruments
Fines Amendment
Act 2012 No 61. Assented to 10.9.2012. Date of
commencement, assent, sec 2.