New South Wales: 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 provisions providing for the issue of the penalty notice. (3)–(5) (Repealed) (6) A penalty notice may be issued in an approved electronic manner even if the statutory provision providing for the issue of the penalty notice does not authorise the issue of the penalty notice in that manner. 22 Persons who may deal with penalty notices (appropriate officers) (1) (Repealed) (2) For the purposes of this Part, the following are appropriate officers for a penalty notice— (a) a person authorised to issue that kind of penalty notice, (b) a person who is— (i) employed in Revenue NSW, or whose services are made use of by Revenue NSW (whether by way of temporary hire arrangement, secondment or otherwise), and (ii) authorised by, and subject to the control and direction of, the Commissioner for the purposes of this Part, (c) a person, or a member of a specified class of persons, specified in the regulations for that kind of penalty notice or for all penalty notices. 22A Effect of payment under penalty notice (1) If the full amount specified in a penalty notice for an alleged offence is paid in accordance with the notice, no person is liable to any further proceedings for the alleged offence. (2) Payment under a penalty notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence. (3) This section does not affect any disciplinary or other proceedings, or liability, to which a person is expressly subject under another Act in relation to the payment of an amount under a penalty notice. 23 Amount payable under penalty 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) (Repealed) (3) The amount specified in a penalty notice cannot exceed the maximum amount of the penalty that could be imposed by a court for the offence to which the penalty notice relates. (4) If the statutory provision providing for the issue of the penalty notice provides for a lesser amount, the amount specified in the penalty notice cannot exceed that lesser amount. (5) An instrument under a statutory provision providing for the issue of a penalty notice that prescribes the amount payable under the notice for an alleged offence may— (a) prescribe different amounts for different offences, and (b) prescribe different amounts for the same kind of offence committed in specified circumstances. (6) Despite any other provision of this Act or any other Act or law, the Commissioner may, on application by a person to whom a penalty notice is issued, reduce by 50% the amount required to be paid under the penalty notice if— (a) at the time the person committed the offence specified in the penalty notice, the person was in receipt of a Government benefit, and (b) the Commissioner thinks it is appropriate having regard to the relevant guidelines issued under section 120. (7) In subsection (6), a person in receipt of a Government benefit includes the following— (a) a holder of a Health Care Card, Ex-Carer Allowance (Child) Health Care Card or Commonwealth Seniors Health Card issued on behalf of the Commonwealth, (b) a person in receipt of the Disability Support Pension or Newstart, ABSTUDY Living or Widow Allowance under a law of the Commonwealth. 23AA Payment of fine before vehicle or vessel offence nomination made—payment by or for nominated person (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. (3) This Act, and any other law, applies as if the amount paid was paid in respect of the offence specified in the penalty notice issued to the nominated person under this section and not the offence specified in the original notice. (4) Any action taken to record demerit points against a person to whom the original notice was issued in the NSW demerit points register kept under the Road Transport Act 2013 because of the payment of the amount is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW. (5) To avoid doubt, the nominated person may make an election under section 23A in respect of a penalty notice issued under this section. (6) This section applies despite section 22A (1). (7) In this section— nominated person means a person nominated by a nomination notice. nomination notice means— (a) an approved nomination notice within the meaning of section 38 (whether given under this Act or another Act), or (b) a relevant nomination document within the meaning of Division 2 of Part 7.3 of the Road Transport Act 2013 (whether given under that Act or another Act). 23AB Payment of fine before vehicle or vessel offence nomination made—other cases (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. (3) If the penalty notice is withdrawn— (a) the amount that was payable under the notice ceases to be payable, and (b) any amount that has been paid under the notice is repayable to the person by whom it was paid, and (c) further proceedings in respect of the vehicle or vessel offence may be taken against any person (including the person to whom the notice was issued). (4) Any action taken to record demerit points against a person to whom the penalty notice was issued in the NSW demerit points register kept under the Road Transport Act 2013 because of the payment of the amount is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW. (5) This section applies despite section 22A (1). (6) Nothing in this section requires an appropriate officer to withdraw a penalty notice. (7) In this section— nomination notice means— (a) an approved nomination notice within the meaning of section 38 (whether given under this Act or another Act), or (b) a relevant nomination document within the meaning of Division 2 of Part 7.3 of the Road Transport Act 2013 (whether given under that Act or another Act). 23A Person may elect to have matter dealt with by court (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. (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. (2BA) If a person elects to have a matter dealt with by a court while a review under Division 2A is in progress, court proceedings must not be taken unless, following the review, the reviewing agency confirms the decision to issue the penalty notice. (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) If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid— (a) section 22A (1) ceases to apply in relation to the person, and (b) any action taken to record demerit points against the person in the NSW demerit points register kept under the Road Transport Act 2013 because of that payment is to be reversed by Transport for NSW, and (c) the amount that has been paid under the penalty notice is repayable to the person by whom it was paid. 23B Completion of certain activities may be treated as payment (1) A person to whom a penalty notice is issued is taken to have paid the amount specified in the penalty notice if the Commissioner is satisfied that— (a) the person has completed an activity, and (b) the activity is prescribed by the regulations as an activity that may be completed instead of payment for an amount specified in a penalty notice belonging to a particular class, and (c) the penalty notice belongs to the class, and (d) any additional requirements prescribed by the regulations are satisfied, and (e) a penalty notice enforcement order has not been made for the amount. (2) The payment is taken to be— (a) for the full amount specified in the penalty notice, and (b) made in accordance with the penalty notice. 24 Failure to pay amount required by penalty notice Divisions 3–5 set out the procedure that applies when a person who has been issued with a penalty notice fails to pay the full amount payable under the notice within the time required by the notice. Division 2A Internal review 24A Application for review of penalty notice (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. (2) An application for a review must include the grounds on which the review is sought (including supporting evidence) and must be made— (a) to the Commissioner in an approved form—in the case of a fine under a penalty notice that is payable to the Commissioner, or (b) to the issuing agency in the form approved by the agency—in any other case. (3) An application for a review may, subject to subsection (3A), be made at any time, including after— (a) the whole or part of the amount payable under the penalty notice has been paid, or (b) a penalty notice enforcement order has been made in relation to the penalty notice. (3A) If the whole of the amount payable under the penalty notice has been paid and no penalty reminder notice has been served in respect of the offence, an application for a review must be made not later than 60 days after the penalty notice was issued. (4) The regulations may make provision for or with respect to applications under this section. 24B Circumstances when agency is not required to conduct a review (1) An agency that receives an application for a review of a decision to issue a penalty notice is not required to conduct a review of the decision under this Division in any of the following circumstances— (a) the agency notifies the applicant in writing, within 10 days after receiving the application, that it has decided not to conduct a review under this Division and gives reasons for its decision, (b) a review of the decision has already been conducted under this Division, (c) such other circumstances as may be prescribed by the regulations. (2) An agency that decides not to conduct a review may take such other action as it sees fit, including withdrawing the penalty notice to which an application relates. 24C Review by reviewing agency (1) Except as provided by section 24B, an agency that receives an application for review under this Division must conduct a review in accordance with this Division. (2) The reviewing agency is to ensure that a review under this Division is conducted by a person who was not involved in making the decision that is the subject of the review. 24D Request for additional information (1) When conducting a review under this Division, a reviewing agency may request, in writing, additional information from the applicant. (2) The additional information must be provided by the applicant to the reviewing agency within 14 days of the request. (3) If the information is not provided within the time specified, the review may be conducted without that information. 24E Outcome of review (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. (2) A reviewing agency must withdraw a penalty notice if it finds any of the following grounds to be made out— (a) the penalty notice was issued contrary to law, (b) the issue of the penalty notice involved a mistake of identity, (c) the penalty notice should not have been issued, having regard to the exceptional circumstances relating to the offence, (d) the person to whom the penalty notice was issued is unable, because the person has an intellectual disability, a mental illness, a cognitive impairment or is homeless— (i) to understand that the person's conduct constituted an offence, or (ii) to control such conduct, (e) an official caution should have been given instead of a penalty notice, having regard to the relevant guidelines under section 19A, (f) any other ground prescribed by the regulations. (3) A reviewing agency may, at its discretion, also decide to withdraw a penalty notice on a ground other than those specified in subsection (2). (4) A reviewing agency is to notify the applicant in writing of the outcome of the review within 42 days of receipt of the application, or within 56 days if additional information has been requested under this Division. 24F Action to be taken if decision to issue penalty notice is confirmed (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. (2) A penalty reminder notice served under subsection (1) replaces any previous penalty reminder notice in respect of the offence. (3) This section does not apply if— (a) a penalty notice enforcement order has been made in respect of the offence, or (b) the person has elected to have the matter dealt with by a court under section 23A or 36. Note. If a penalty notice enforcement order has been made in relation to a penalty notice and the decision to issue the penalty notice is confirmed in a review under this Division, enforcement action may be taken against the person under Part 4. 24G Effect of withdrawal of penalty notice (1) If a reviewing agency withdraws a penalty notice, following a review under this Division or otherwise, it may, if it considers it appropriate to do so, give an official caution to the person in accordance with Division 1A as if it were an appropriate officer. (2) If a penalty notice is withdrawn— (a) any penalty reminder notice or penalty notice enforcement order, in respect of the offence to which the penalty notice relates, is also taken to be withdrawn, and (b) if all or part of the amount under the penalty notice or penalty reminder notice has been paid— (i) any action taken to record demerit points against a person in the NSW demerit points register kept under the Road Transport Act 2013 because of that payment is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW from the date of the withdrawal of the penalty notice, and (ii) the amount that has been paid is repayable to the person by whom it was paid. 24H Agency may review a decision on its own motion (1) Nothing in this Division limits the power of a reviewing agency to review a decision to issue a penalty notice, or withdraw a penalty notice, on its own motion. (2) If a reviewing agency withdraws a penalty notice on its own motion after the amount under the penalty notice (or a penalty reminder notice in respect of the offence to which the penalty notice relates) has been paid, no person is liable to any further proceedings for the alleged offence. 24I (Repealed) 24J Reviewing agencies may enter into arrangements with respect to functions under Division A reviewing agency may enter into arrangements with another person or body under which the functions of the agency under this Division are exercised by that person or body on behalf of the agency. Division 3 Penalty reminder notices 25 What is a penalty reminder notice? A penalty reminder notice is a notice (and any matter annexed to, or enclosed with, a notice) served on a person to whom a penalty notice (and any matter annexed to, or enclosed with, a notice) has been issued and containing the matters required by this Division. 26 When a penalty reminder notice may be sent An appropriate officer may serve a penalty reminder notice on a person to whom a penalty notice was issued if it appears to the officer that the full amount payable under the penalty notice has not been paid within the time required by the notice. 27 What a penalty reminder notice must say (1) A penalty reminder notice must inform the person on whom it is served— (a) that the person has until the due date specified in the notice to pay the full amount (or, if one or more part payments of that full amount have been paid, the remaining amount) for the offence specified in the notice, and (a1) of the steps to be taken for seeking a review of the decision to issue the penalty notice, and (b) of enforcement action that may be taken under this Act if the full 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. (2) If there is an approved form for a penalty reminder notice, a penalty reminder notice must be in that form. (3) The inclusion in a penalty reminder notice of additional information and directions for the assistance or guidance of the person on whom it is served does not affect the validity of the penalty reminder notice. 28 Service of penalty reminder notices (1) A penalty reminder notice 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. (2) The address for personal service or service by post or document exchange of a penalty reminder notice includes— (a) the address of the person shown on the relevant penalty notice or supplied by the person in connection with the issue of the relevant penalty notice, or (b) if the relevant penalty notice was issued to the person in his or her capacity as owner or responsible person for a vehicle or owner of a vessel or was issued by being left on a vehicle or vessel—the address shown in the records of Transport for NSW or other public agency as the address of the owner or responsible person at the time the relevant penalty notice was issued, or (c) if the relevant penalty notice was issued to the person in his or her capacity as the person driving or in charge of a vehicle or vessel—the address specified in a notice given under section 38 (1) (a) as the address of the person in charge of the vehicle or vessel at the time of the alleged offence, or (d) any other address supplied by the person in connection with a fines application made in relation to the fine concerned or another fine. (3) In this section, fines application means any of the following— (a) an application for a review of a decision to issue a penalty notice under section 24A, (b) an application for a work and development order, (c) an application for a time to pay order, (d) an election under section 23A or 36 to have a matter dealt with by a court. 29 Time for service of penalty reminder notices by post Despite any other provision of this Act, it is presumed that a penalty reminder notice sent to a person by post is served on the person 7 days after it is posted, unless the person establishes that it was not served within that 7-day period. 30 Due date for payment in penalty reminder notices (1) The due date for payment in a penalty reminder notice must be at least 21 days after it is served on the person. (2) Accordingly, a penalty reminder notice that is posted may specify a date that is at least 28 days after the penalty reminder notice is posted as the due date for making the payment concerned. 31 Extension of due date if notice takes more than 7 days (1) If a penalty reminder notice is served on a person more than 7 days after it was posted, the notice is not invalid merely because it specifies as the due date a date that is less than 21 days after it was served on the person. (2) In such a case however, the due date is extended to a date that is 21 days after the penalty reminder notice was served and the penalty reminder notice is taken to specify that date as the due date. 32 Effect of penalty reminder notice on payment time in penalty notice If a penalty reminder notice is served on a person, the time for payment of the amount payable under the penalty notice for the offence concerned is extended to the due date specified in the penalty reminder notice for payment. 33 Payment under penalty reminder notice (1) Payment of the amount payable under the penalty notice to which a penalty reminder notice relates may be made in accordance with the penalty notice. (2) 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 penalty reminder notice. 34 Effect of payment under penalty reminder notice Payment of the full amount payable under the penalty notice to which a penalty reminder notice relates has the same effect as payment in accordance with the penalty notice. 35 Alleged offender's right to elect to have matter dealt with by court A person alleged to have committed or to be guilty of the offence to which a penalty reminder notice relates has the right to elect to have the matter dealt with by a court instead of under this Part. 36 How a person may elect to have matter dealt with by court (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. (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 an election at any time while a review under Division 2A of the decision to issue the penalty notice is in progress, provided the person applied for the review on or before the due date specified in the penalty reminder notice for payment in relation to the offence concerned. (3) A statement under this section may be served on a person personally or by post, by means of document exchange, by electronic means approved by the Commissioner or in any other manner prescribed by the regulations. (4) The regulations may make provision for or with respect to the form of written statements under this section. (5) If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid— (a) section 22A (1) ceases to apply in relation to the person, and (b) any action taken to record demerit points against the person in the NSW demerit points register kept under the Road Transport Act 2013 because of that payment is to be reversed by Transport for NSW, and (c) the amount that has been paid under the penalty notice is repayable to the person by whom it was paid. 37 Matter to proceed If a person duly elects, in accordance with this Part, to have the matter dealt with by a court, proceedings against the person in respect of the offence may be taken as if a penalty notice had not been issued or penalty reminder notice had not been served. 37A Extension 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 23A or 36 (as applicable). (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. 38 Circumstances in which person issued with penalty reminder notice for vehicle or vessel offence is not liable to pay penalty (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 driving or 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) (Repealed) (2) The Commissioner may approve 1 or more notices (approved nomination notices) to be used to nominate the person driving or 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. (3A) An appropriate officer may, by written notice (a verification notice) served on a person who gives an approved nomination notice, require the person to supply a statutory declaration for use in court proceedings verifying any of the information contained in the approved nomination notice that is specified in the verification notice. (3B) A person served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service). Maximum penalty—50 penalty units (in the case of an individual) and 100 penalty units (in the case of a corporation). (3C) A statutory declaration that is given for the purposes of this section, if produced in any proceedings against the person named in the declaration in respect of the vehicle or vessel offence concerned, is admissible and is prima facie evidence that the person was driving or in charge of the vehicle or vessel at all relevant times relating to the offence. (3D) A statutory declaration that relates to more than one vehicle or vessel offence is not a statutory declaration under, or for the purposes of, this section unless each of the offences is a camera recorded offence (within the meaning of Division 2 of Part 7.3 of the Road Transport Act 2013) detected by the same camera device at approximately the same time. (3E) A person must not, in an approved nomination notice given under subsection (1), falsely nominate a person (including the person making the nomination) as the person who was driving or in charge of the vehicle or vessel at the time the offence occurred. Maximum penalty— (a) if the offence relates to a vehicle or vessel registered or owned otherwise than in the name of an individual—200 penalty units, or (b) in any other case—100 penalty units. (3F) A person falsely nominates a person as the person driving or in charge of a vehicle or vessel for the purposes of subsection (3E) if false nomination details for the person are given in an approved nomination notice. (3G) A person must not offer or agree to have the person's nomination