Fines Regulation 2020

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Fines Regulation 2020.

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Fines Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation—

remote parking enforcement system, for Part 2A—see clause 5A.

the Act means the Fines Act 1996.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2025 (163), Sch 1[1] [2].

Part 2 Enforcement costs

4 Enforcement costs

(1)  For the purposes of sections 16(1), 44(1) and 108J(1)(a) of the Act, the enforcement costs payable under a fine enforcement order or an interstate fine enforcement order, within the meaning of section 108C(1) of the Act, are as follows—

(a)  $65 (or, if the fine defaulter concerned was under the age of 18 years at the time of the offence or alleged offence, $25), payable to the Commissioner on the making of the order,

(b)  $40, payable to Transport for NSW if any enforcement action is taken by Transport for NSW under Division 3 of Part 4 of the Act before payment is made under the order,

(c)  $65, payable into the Consolidated Fund if any civil enforcement action is taken by the Sheriff, Commissioner or other official under Division 4 of Part 4 of the Act before payment is made under the order.

Note.

See section 102A of the Act in relation to the liability for enforcement costs for persons under the age of 18 years.

(2)  The enforcement costs referred to in subclause (1)(c)—

(a)  apply to each of the following kinds of civil enforcement action—

(i)  the making of a property seizure order against a fine defaulter, as referred to in section 72(1) of the Act,

(ii)  the making of a garnishee order against a fine defaulter, as referred to in section 73(1) of the Act,

(iii)  an application to register a fine enforcement order in relation to any land owned by a fine defaulter, as referred to in section 74(1) of the Act,

(iv)  the issue of an order for examination against a fine defaulter, as referred to in section 75(1) of the Act,

(v)  the issue of a warrant for the apprehension of a fine defaulter who fails to attend in accordance with an order for examination, as referred to in section 75A(1) of the Act, and

(b)  are to be paid to the Commissioner for payment into the Consolidated Fund.

5 Waiver, postponement or refund of costs

(1)  The Commissioner may, in the circumstances the Commissioner considers appropriate, waive, postpone or refund all or part of any enforcement costs payable under this Part.

(2)  In the case of a court fine enforcement order made in accordance with section 14(1B) of the Act, or a penalty notice enforcement order made in accordance with section 42(1AA) of the Act, the Commissioner must—

(a)  postpone the costs payable under clause 4(1)(a), and

(b)  waive those costs if the orders are complied with.

Part 2A Parking offences—special provisions

pt 2A: Am 2025 (163), Sch 1[3].

5A Definition

In this part—

remote parking enforcement system means a system for enforcing requirements relating to parking offences that does not require an individual, on behalf of the issuing agency, to be at the location where an offence occurs.

Examples—

number plate input systems, number plate recognition systems

cl 5A: Ins 2025 (163), Sch 1[3].

5B Prescribed particulars for written notices other than penalty notices

(1)  For the Act, section 24AC(2)(b)(i), the following particulars are prescribed—

(a)  the nature of the parking offence,

Example—

parked in a no stopping zone

(b)  the date, time and location of the offence,

(c)  the registration number of the vehicle involved in the offence,

(d)  notice that no payment is required until after a penalty notice is issued in relation to the offence.

(2)  In this clause—

registration number has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2017.

cl 5B: Ins 2025 (163), Sch 1[3].

5C Grounds for not attaching notification

For the Act, section 24AD(1)(d), it is not necessary to attach a notification in the following circumstances—

(a)  if the vehicle involved in the parking offence has moved before a notification can be attached to the vehicle,

(b)  if the appropriate officer—

(i)  requires internet access or telephone service to confirm whether, in the officer’s opinion, a parking offence has been committed, and

(ii)  it is not possible for the officer to access the internet or a telephone service at the time the officer observes the vehicle involved in the alleged offence,

(c)  if the parking offence is an offence under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016,

(d)  if the vehicle involved in the parking offence is—

(i)  a heavy vehicle, within the meaning of the Heavy Vehicle National Law (NSW), or

(ii)  a trailer within the meaning of the Road Transport Act 2013.

cl 5C: Ins 2025 (163), Sch 1[3].

5D Reports relating to grounds for not attaching notification—the Act, s 24AD(4)

(1)  The head of an issuing agency must, within 28 days after the end of each reporting period—

(a)  prepare a report in the approved form, and

(b)  publish the report on the issuing agency’s website, and

(c)  give a copy of the report to the Commissioner.

(2)  The report must include, in relation to the preceding reporting period, the following information—

(a)  the number of penalty notices issued by the issuing agency for parking offences,

(b)  the number of penalty notices for which no notification was attached to a vehicle,

(c)  for penalty notices referred to in paragraph (b)—

(i)  the number of times each of the grounds in the Act, section 24AD(1)(a)–(c) and clause 5C(a), (b) or (d) were relied on by an appropriate officer, and

(ii)  for penalty notices where no notification was attached because an officer concluded it was not safe to do so—the number of times each basis for concluding it was not safe was relied on,

(d)  the number of penalty notices invalidated under the following provisions of the Act—

(i)  section 24AE(2),

(ii)  section 24AG,

(iii)  section 24AH(1)(a),

(iv)  section 24AH(1)(b),

(e)  a statement from the head of the issuing agency certifying the accuracy and completeness of the information in the report.

(3)  In this clause—

basis for concluding it was not safe means each of the following—

(a)  verbal intimidation,

(b)  physical intimidation,

(c)  assault,

(d)  assault using a weapon,

(e)  the threat of an animal,

(f)  extreme weather,

(g)  the location of the vehicle,

(h)  other reason.

reporting period means—

(a)  for the first 2 reports required to be prepared under this clause—each period of 3 months after the commencement of this clause, or

(b)  otherwise—a period of 6 months ending on 30 June or 31 December.

cl 5D: Ins 2025 (163), Sch 1[3].

5E Reasons for not attaching notification—the Act, s 24AD(5)

(1)  This clause applies to an appropriate officer who does not attach a notification under the Act, section 24AC to a vehicle relying on an exception under—

(a)  the Act, section 24AD(1)(a), or

(b)  clause 5C(b).

(2)  The appropriate officer must include details in the record of reasons of the circumstances that led the officer to conclude the exception applied at the time the officer issued, or proposed to issue, a penalty notice for the offence.

(3)  In this clause—

record of reasons means the record the officer is required to make under the Act, section 24AD(2)(a) setting out the reasons why the officer concluded the exception applied in the circumstances.

cl 5E: Ins 2025 (163), Sch 1[3].

5F Requirements for prescribed parking zone signs

(1)  For the Act, section 24AD(6), definition of prescribed parking zone, paragraph (b), a sign identifying a prescribed parking zone must comply with the requirements of this clause.

(2)  The sign must be positioned—

(a)  at the entrance to a prescribed parking zone, and

(b)  at an angle and height in accordance with AS 1742.

(3)  If there are other parking controls signs within the prescribed parking zone, one or more additional signs must be positioned—

(a)  adjacent to the other parking control signs, and

(b)  at an angle and height in accordance with AS 1742.

(4)  The sign must show the words—

(a)  “PAPERLESS FINE ZONE” at the top of the sign in white font on a blue background, and

(b)  “Parking fines may be sent by post or electronically at this location” at the bottom of the sign in black font on a white background.

(5)  The sign must be at least—

(a)  if the sign is at the entrance to a prescribed parking zone—900mm wide and 825mm high, or

(b)  otherwise—at least 300mm by 225mm.

(6)  The sign must—

(a)  if the sign is at the entrance to a prescribed parking zone—use a 65mm high font in accordance with—

(i)  the Guide to Traffic Management, Part 11, and

(ii)  AS 1744, series C dimensions,

(b)  otherwise—use at least a 15mm high font.

(7)  In this clause—

AS 1742 means Australian Standard AS 1742.11:2016,Manual of Uniform Traffic Control Devices, Part 11: Parking Controls.

AS 1744 means Australian Standard AS 1744:2015, Standard alphabets for road signs.

Guide to Traffic Management means the Guide to Traffic Management published by Austroads Limited on 28 April 2020.

cl 5F: Ins 2025 (163), Sch 1[3].

5G Location of prescribed parking zone signs

(1)  For the Act, section 24AD(6), definition of prescribed parking zone, paragraph (b)(iv), a sign identifying a prescribed parking zone may only be located—

(a)  at a car park if the car park has—

(i)  at least 200 parking spaces, and

(ii)  designated entry and exit points, and

(iii)  a remote parking enforcement system, or

(b)  at a car park in lands reserved or acquired under the National Parks and Wildlife Act 1974.

(2)  In this clause—

car park means a building or place primarily used for the purpose of parking motor vehicles.

cl 5G: Ins 2025 (163), Sch 1[3].

5H Circumstances in which images not required to be taken—the Act, s 24AF(2)

(1)  Images are not required to be taken or given under the Act, section 24AF(1) in the following circumstances—

(a)  if it is not safe to take the images,

(b)  if it is not possible to take the images due to a fault with the camera used to take the images,

(c)  if, at the time the images are to be taken, a person is in the vehicle involved in the offence.

(2)  Subclause (1)(b) and (c) do not apply if—

(a)  the images are required to be taken in a prescribed parking zone referred to in clause 5G(1)(a), and

(b)  the images are to be taken by a camera forming part of a remote parking enforcement system.

cl 5H: Ins 2025 (163), Sch 1[3].

Part 3 Miscellaneous

6 Vehicle offences

For the purposes of paragraph (q) of the definition of vehicle or vessel offence in section 38(4) of the Act, the offences referred to in clauses 7 and 32 of the Protection of the Environment Operations (Noise Control) Regulation 2017 are prescribed.

7 Declaration of reciprocating court

For the purposes of section 106 of the Act, the following courts (or classes of courts) are declared to be reciprocating courts (or classes of reciprocating courts)—

(a)  each Magistrates Court of Queensland,

(b)  the Magistrates Court of South Australia,

(c)  the Magistrates Court of Tasmania,

(d)  the Magistrates’ Court of Victoria,

(e)  the Magistrates Court of Western Australia,

(f)  the Magistrates Court of the Australian Capital Territory,

(g)  the Local Court of the Northern Territory.

7A Penalty notice offence—the Act, s 119A

An offence under the Act, section 38(3B) is prescribed as an offence for which a penalty notice may be issued and the amount payable under the penalty notice is—

(a)  in relation to an individual—$704, or

(b)  in relation to a corporation—

(i)  for a first offence within the last 5 years—$1,487, or

(ii)  for a second or subsequent offence within the last 5 years—$3,988.

cl 7A: Ins 2022 No 16, Sch 3.

7B Activities that may be treated as payment

For the Act, section 23B(1)(c)—

(a)  each class of penalty notice specified in the table to Schedule 1 is a class of penalty notice for which an activity may be completed instead of payment for the amount specified in the penalty notice, and

(b)  the activity that may be completed instead of payment for the amount specified in the penalty notice is the activity prescribed opposite the class of penalty notice.

cl 7B: Ins 2024 (30), Sch 2[1].

8 Repeal and savings

(1)  The Fines Regulation 2015 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Fines Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Activities that may be treated as payment

clause 7B

Class of penalty notice	Prescribed activity
Drug Misuse and Trafficking Act 1985
Penalty notices issued for an offence under section 10	Drug health intervention under the Early Drug Diversion Initiative provided by, or on behalf of, NSW Health
Penalty notices issued for an offence under section 11	Drug health intervention under the Early Drug Diversion Initiative provided by, or on behalf of, NSW Health
Penalty notices issued for an offence under section 12	Drug health intervention under the Early Drug Diversion Initiative provided by, or on behalf of, NSW Health

sch 1: Ins 2024 (30), Sch 2[2].