Fines Act 1996 (NSW)

Fines Act 1996 No 99 An Act relating to fines and their enforcement, and to other matters. Part 1 Preliminary 1 Name of Act This Act is the Fines Act 1996. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, subject to subsection (2). (2) The day appointed for the commencement of clause 2 of Schedule 3 is to be a day that is at least 3 months before the day appointed for the commencement of clause 3 of that Schedule. Note. Clause 2 of Schedule 3 provides for an amnesty period, before the application of the Act to existing fine defaulters under clause 3 of that Schedule, during which action to commit existing fine defaulters to prison is suspended. 3 Definitions (1) In this Act— Act includes a Code or other statutory provision of another jurisdiction that applies as a law of this State. appropriate officer for a penalty notice—see section 22. approved electronic manner—see section 4A. approved form means a form approved by the Commissioner for the purposes of the provision in which the term is used. authorised officer has the meaning given by section 116B. civil enforcement action means action under Division 4 of Part 4. combined payment arrangement has the meaning given by section 100. Commissioner means the Commissioner of Fines Administration referred to in section 113. community service order—see section 79. Note. A community service order applies in relation to a child. court means the Supreme Court, the Industrial Relations Commission, the Land and Environment Court, the District Court, the Local Court, the Children's Court or any other court. court fine enforcement order—see section 12. driver licence means a driver licence under the Road Transport Act 2013. exercise of a function includes the performance of a duty. fine—see section 4. fine defaulter means a person liable to pay a fine under a fine enforcement order. fine enforcement order means a court fine enforcement order or a penalty notice enforcement order. function includes a power, authority or duty. Hardship Review Board means the Hardship Review Board constituted under the State Debt Recovery Act 2018. issuing agency, in relation to a penalty notice or official caution, means the agency in or by which the appropriate officer who issued the penalty notice or gave the caution is employed or engaged. law enforcement officer means a person exercising law enforcement functions in the official capacity of any of the following— (a) the Director of Public Prosecutions, a Deputy Director of Public Prosecutions or a Solicitor for Public Prosecutions, (b) a Crown Prosecutor, (c) a police officer, (d) a public servant, (e) an officer or employee of a statutory body representing the Crown, (f) a member or an employee of a local council, (g) a member of staff of Local Land Services, (h) an officer within the meaning of the Prevention of Cruelty to Animals Act 1979, (h1) an employee or officer of the National Heavy Vehicle Regulator established under section 656 of the Heavy Vehicle National Law (NSW), (i) an officer or employee of a kind prescribed by the regulations. order for examination means an order under section 75. pay a fine or amount means to pay the fine or amount in full by its due date and, if payment by instalments is permitted under this Act, includes to pay each instalment in full by its due date. penalty notice—see section 20. penalty notice enforcement order—see section 40. penalty notice offence means an offence under a statutory provision for which a penalty notice may be issued. person in receipt of a Government benefit means— (a) a person in receipt of a pension or other benefit paid by the Commonwealth being a pension or benefit of a kind approved by the Commissioner, or (b) a person belonging to a class of persons prescribed by the regulations. registered, in relation to a vehicle, means registered within the meaning of the Road Transport Act 2013. registered operator has the same meaning as in the Road Transport Act 2013. responsible person for a vehicle has the same meaning as in the Road Transport Act 2013. reviewing agency, in relation to a penalty notice, means the Commissioner or the issuing agency. road transport legislation, for Part 4, Division 3, Subdivision 3—see section 70A. time to pay order means an order under section 100. Transport for NSW means Transport for NSW constituted under the Transport Administration Act 1988. vehicle or vessel offence—see section 38. victims support levy means a victims support levy payable under Part 7 of the Victims Rights and Support Act 2013. visitor driver privileges, for Part 4, Division 3, Subdivision 3—see section 70A. visitor privileges, for Part 4, Division 3, Subdivision 3—see section 70A. visitor vehicle privileges, for Part 4, Division 3, Subdivision 3—see section 70A. work and development order—see section 99A. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes in the text of this Act do not form part of this Act. 4 Meaning of "fine" (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 Service and Execution of Process Act 1992 of the Commonwealth applies, subject to that Part), or (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 Criminal Procedure Act 1986 in proceedings for an offence, or (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. (2) However, a fine does not include any amount of a kind excluded by the regulations. (2A) For the purposes of this Act— (a) a victims support levy is taken to be a fine imposed by the court by which the person liable to pay the levy was convicted, and (b) a court costs levy payable under section 211A of the Criminal Procedure Act 1986 is taken to be a fine imposed by the court by which the person liable to pay the court costs levy was convicted or found guilty. (3) In this section, proceedings for an offence includes— (a) proceedings for an apprehended violence order, and (b) proceedings on appeal in respect of proceedings for an offence. 4A Electronic service of penalty notices and other documents (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. (3) A penalty notice may not be issued to a person, or a penalty reminder notice or fine enforcement order served on a person, in an approved electronic manner if the person is under the age of 16 years. (4) This section does not authorise a penalty notice to be issued to a person, or a penalty reminder notice or fine enforcement order to be served on a person, orally. (5) In this section— online notification system means an online system approved by the Commissioner for the purposes of enabling a person to securely access, by means of a website, mobile telephone or mobile device or by other electronic means, a penalty notice, penalty reminder notice, fine enforcement order or penalty notification that is issued to, or made in respect of, the person. penalty notification means a written notification stating the following— (a) a penalty notice, penalty reminder notice or fine enforcement order (as the case requires) has been issued to, or made in respect of, the person, (b) the sending of the penalty notification to the person, or providing the person access to the penalty notification, is taken to be the issue of the penalty notice to the person or service of the penalty reminder notice or fine enforcement order on the person (as the case requires), (c) how the person can access the penalty notice, penalty reminder notice or fine enforcement order by means of a website, mobile telephone or mobile device or by other electronic means. (6) In this section, a reference to a fine enforcement order is a reference to notice of a fine enforcement order. Note. Division 2 of Part 4 requires notice of a fine enforcement order to be served on the person liable to pay the fine concerned. Part 2 Fines imposed by courts Division 1 General 5 Summary of procedure for payment of court fines (1) The following is a summary of the procedure under this Part for the payment of fines imposed by any court— (a) Payment details A fine imposed by a court is payable within 28 days after it is imposed. (b) Notification of fine The person on whom the fine is imposed is to be notified of the fine, the arrangements for payment and the action that may be taken under this Act to enforce the fine. (c) Time to pay A court registrar may allow further time to pay the fine on the application of the person. (d) Enforcement order If payment of the fine is not made by the due date, a court fine enforcement order may be made against the person. If the person does not pay the amount (including enforcement costs) within 28 days, enforcement action authorised by this Act may be taken (see Part 4). (e) Withdrawal of enforcement order A court fine enforcement order may be withdrawn if an error has been made. (2) This section does not affect the provisions of this Part that it summarises. 6 Consideration of accused's means to pay (cf Crimes Act 1900 sec 440AB and Justices Act 1902 sec 80A) In the exercise by a court of a discretion to fix the amount of any fine, the court is required to consider— (a) such information regarding the means of the accused as is reasonably and practicably available to the court for consideration, and (b) such other matters as, in the opinion of the court, are relevant to the fixing of that amount. Division 2 Payment of fines 7 When fine payable (1) A fine imposed by any court is payable within 28 days after it is imposed. (2) Arrangements for the payment of the fine after that time may be made under this Part. (3) The court, when imposing a fine— (a) may direct that the fine is payable before that time for the special reasons stated by the court, and (b) may not allow time for payment of the fine after that time. 8 To whom fine payable (1) A fine imposed by any court is payable to the registrar of the court unless the court or the registrar of the court otherwise directs. (2) The payment may be lodged with the registrar or other officer of any court. 9 Fine notification (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. (2) The notice may be served personally or by post, by means of document exchange, by facsimile transmission or by any other means authorised by the regulations. (3) The notice is to be served personally during or at the completion of the proceedings concerned if the person is present at those proceedings and available to be served. (4) The notice is to specify the amount payable, the time for payment and the person to whom it is to be paid. The notice is to inform the person— (a) of the arrangements that may be made for further time to pay the amount, and (b) of enforcement action that may be taken under this Act if the amount is not paid by the due date, and (c) of additional enforcement costs that become payable under this Act if enforcement action is taken. (5) The regulations may make provisions for or with respect to the form and service of the notice. 10 Application to registrar for further time to pay fine (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. (2) The registrar may, by order, allow further time to pay the fine if it appears expedient to do so. (3) The registrar may, by such an order— (a) extend the time for payment of the whole fine, or (b) allow the fine to be paid by instalments in such amounts, and at such times, as the registrar specifies. (4) If an instalment of a fine is not paid by the due date, the remaining instalments then become payable. (5) 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 registrar's own initiative. 11 Provisions relating to application for further time to pay fine (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. (4) The registrar, when dealing with an application, is to comply with such requirements as are prescribed by the regulations for the purposes of this section. The registrar is also to have due regard to any relevant guidelines under section 120. (5) The decision of the registrar on an application is final, and may not be appealed against, reviewed, quashed, or called into question by any court or tribunal. (6) The registrar may not grant an application after a court fine enforcement order is made in respect of the fine. Note. After the making of the enforcement order, an application for further time to pay may be made to the Commissioner (see section 100). (7) The registrar of a court may authorise any officer of the court to deal with an application and to make, amend or revoke an order allowing further time to pay a fine. (8) Without limiting subsection (7), the principal registrar of the District Court, a registrar of the Local Court at the Downing Centre and a registrar of the Children's Court may authorise, subject to any conditions specified in the authorisation, a person employed in the Department of Communities and Justice to deal with an application and to make, amend or revoke an order allowing further time to pay a fine. Division 3 Court fine enforcement orders 12 What is a court fine enforcement order? (1) A court fine enforcement order is an order made by the Commissioner for the enforcement of a fine imposed by a court. (2) A single order may be made for the enforcement of 2 or more fines payable by a person. Note. Part 4 provides for the fine defaulter to be notified by the Commissioner of the enforcement order and of the enforcement action that may be taken if the outstanding balance of the fine (and enforcement costs) is not paid within 28 days. 13 Referral for a court fine enforcement order (1) The registrar of the court that imposed a fine (or, if the fine is payable to the registrar of some other court, the registrar of the court to whom the fine is payable) is to refer the matter to the Commissioner for the making of a court fine enforcement order if— (a) the fine has not been paid by the due date, or (b) the person on whom the fine has been imposed seeks a work and development order in relation to the fine, or (c) the person is in receipt of a Government benefit and seeks a time to pay order in relation to the fine, or (d) the person seeks a time to pay order in relation to the fine that provides for a combined payment arrangement. (2) A matter may be referred to the Commissioner 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) Subsection (1) (a) does not apply to a court that uses an automated electronic system for the referral of unpaid court imposed fines to the Commissioner. 14 When an order may be made (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 Service and Execution of Process Act 1992 of the Commonwealth and that Act permits the fine to be enforced in or by New South Wales as the registering State. Note. Part 7 of the Service and Execution of Process Act 1992 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. (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. (1BA) The Commissioner must not make a court fine enforcement order referred to in subsection (1B) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person. (1C) If the Commissioner does not make a court fine enforcement order in respect of a matter referred to the Commissioner by a registrar under section 13 (1) (b), (c) or (d), the Commissioner is to refer the matter back to the registrar. (2) The Commissioner is not required to inquire into whether this section authorises the making of an order in a matter referred to the Commissioner by the registrar of a court. (3) A court fine enforcement order may be made in the absence of, and without notice to, the person liable to pay the fine. (4) The Commissioner 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. 15 Form of court fine enforcement order (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. (2) Any amount recovered in consequence of the making of a court fine enforcement order (other than for enforcement costs) is to be dealt with in the same way as if the amount had been paid on the imposition of the fine. 16 Enforcement costs under order (1) The regulations may prescribe the enforcement costs payable under a court fine enforcement order and an amount is not payable for enforcement costs unless it is so prescribed, or is payable under section 76A (Sheriff's additional costs of taking enforcement action under this Division). (2) The following applies to any such enforcement costs— (a) an amount may be prescribed as the enforcement costs payable to the Commissioner on the making of the order, (b) an amount may be prescribed as the enforcement costs payable to Transport for NSW if any enforcement action is taken by Transport for NSW under Division 3 of Part 4 before payment is made under the order, (c) an amount may be prescribed as the enforcement costs payable into the Consolidated Fund if any civil enforcement action is taken by the Sheriff or other official before payment is made under the order. (3) Any amount recovered in consequence of the making of a court fine enforcement order is to be applied firstly towards enforcement costs payable under this section or section 76A and the balance towards the amount payable under the fine. 17 Withdrawal of order (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. (4) If a court fine enforcement order is withdrawn completely— (a) the order then ceases to have effect, and (b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under another court fine enforcement order or penalty notice enforcement order, and (c) enforcement costs are not payable in respect of the issue of the order and, if paid, are repayable. (4A) If a court fine enforcement order is withdrawn only to the extent of some of the fines to which it applies— (a) the order continues to have effect in respect of the remaining fines to which it applies, and (b) any amount that has been paid under the order is to be applied to payment of the remaining fines to which it applies and any enforcement costs in respect of that order. (5) The withdrawal of a court fine enforcement order does not prevent the making of a further order in respect of the fine. (6), (7) (Repealed) Note. The Commissioner may, instead of repaying an amount under this section, reallocate it towards the payment of other amounts payable by the person (see section 122C). 18 Special provision relating to certain victims support levies (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. (4) The appropriate deduction is to be made by the Commissioner of Corrective Services or the governor of the correctional centre in which the offender is imprisoned. (5) Money may be deducted from prison earnings in accordance with this section despite the provisions of any other Act or law. (6) Any amount of a victims support levy to which this section applies that remains unpaid when the offender is discharged from the correctional centre, or released on parole, is taken to have been satisfied. (7) Subsection (6) applies even if the offender's parole is subsequently revoked. (8) In this section, a reference to an offender's prison earnings is a reference to the payments (if any) to be made to the offender under section 7 of the Crimes (Administration of Sentences) Act 1999 and to any remuneration earned by the offender as a participant in an external work release program (within the meaning of section 7A of that Act). Part 3 Penalty notices Division 1 Summary of penalty notice procedure 19 Summary of penalty notice procedure (1) The following is a summary of the penalty notice procedure under this Part— (a) Person alleged to have committed penalty notice offence A person is alleged to have committed a penalty notice offence for which a penalty notice may be issued under a statutory provision (see Division 2). (a1) Determine whether to give official caution rather than penalty notice The officer who may issue a penalty notice determines whether to issue a penalty notice or whether an official caution would be more appropriate (see Division 1A). (b) Issue of penalty notice If it is determined that it is not appropriate to give an official caution, a penalty notice is issued under the relevant statutory provision. The notice requires payment of a specified monetary penalty, unless the person alleged to have committed the offence elects to have the matter dealt with by a court (see Division 2). (b1) Internal review A reviewing agency may conduct a review of the decision to issue the penalty notice, including after a penalty notice enforcement order has been made. After conducting a review, the agency may withdraw the penalty notice or penalty notice enforcement order or confirm the decision. If the decision is confirmed, the agency may serve a penalty reminder notice or, if a penalty notice enforcement order has been made, take enforcement action (see Division 2A). (c) Penalty reminder notice If the penalty is not paid, a penalty reminder notice is served. The person who is alleged to have committed the offence may elect to have the matter dealt with by a court (see Division 3). (d) Enforcement order If payment of the specified monetary penalty is not made and the person does not elect to have the matter dealt with by a court, a penalty notice enforcement order may be made against the person (see Division 4). If the person does not pay the amount (including enforcement costs) within 28 days, enforcement action authorised by this Act may be taken in the same way as action may be taken for the enforcement of a fine imposed on a person after a court hearing for the offence (see Part 4). (e) Withdrawal of enforcement order A penalty notice enforcement order may, on application or the Commissioner's own initiative, be withdrawn by the Commissioner (see Division 5). (f) Annulment of enforcement order A penalty notice enforcement order may, on application, be annulled by the Local Court. If the order is annulled, the alleged offence is to be heard and determined by the Local Court (see Division 5). (2) This section does not affect the provisions of this Part that it summarises. Division 1A Official cautions 19A Official caution may be given instead of penalty notice (1) An officer authorised to issue a penalty notice may give a person an official caution instead of issuing a penalty notice if the officer believes— (a) on reasonable grounds that the person has committed a penalty notice offence, and (b) that it is appropriate to give an official caution in the circumstances. (2) In making a decision under subsection (1), an appropriate officer (other than a police officer) must have regard to the applicable guidelines relating to the giving of official cautions in respect of penalty notice offences. (3) In this section— guidelines means guidelines— (a) issued by the Attorney General that are published in the Gazette and made available on the internet site of Revenue NSW, or (b) issued by the relevant issuing agency that are consistent with the guidelines issued by the Attorney General. 19B Official caution does not affect other powers An official caution in relation to a penalty notice offence does not affect the power of an appropriate officer or issuing agency to— (a) commence proceedings against the person to whom the official caution was given, or (b) issue a penalty notice in relation to the offence, or (c) take no further action, or (d) take any other specified action permitted under this Act or the Act that establishes the penalty notice offence. Division 2 Penalty notices 20 What is a penalty notice? A penalty notice is a notice issued under a statutory provision to the effect that— (a) the person to whom the notice is issued has committed the penalty notice offence specified in the notice, and (b) if the person does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount for the offence specified in the notice. 21 Issue of penalty notices (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. (2) A penalty notice may be issued to a person— (a) personally, or (b) by post, or (b1) in an approved electronic manner, or (c) in any other manner authorised by the statutory