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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fines Amendment Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Fines Act 1996 (the Act) as follows:
(a) to abolish the State Debt Recovery Office (the SDRO) and provide for the appointment of
a Commissioner of Fines Administration to exercise its functions,
(b) to provide for the suspension of visitor driver privileges as a means of enforcing payment
of fines,
(c) to establish a trial for the enforcement (as fines) of amounts payable by offenders under
restitution orders,
(d) to establish a scheme for the enforcement in this State of interstate fines that are not subject
to the enforcement scheme provided for by that Service and Execution of Process Act 1992
of the Commonwealth,
(e) to authorise the Commissioner of Fines Administration to utilise interstate laws and
Commonwealth laws to enforce New South Wales fines,
(f) to make changes related to the interstate fine enforcement scheme established in 2010 by
Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth,
(g) to permit the enforcement of a fine or penalty notice amount, before its due date, where a
person agrees to a combined payment arrangement (an arrangement for the payment of the
fine or penalty notice amount in conjunction with other fines payable by the person),
(h) to permit any fine overpayments made by a person to be reallocated towards the payment
of other fines payable by the person,
(i) to make other minor and consequential amendments.
b2013-048-40.d21
Fines Amendment Bill 2013 [NSW]
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 December 2013, or the date
of assent to the proposed Act, whichever is later.
Schedule 1 Amendment of Fines Act 1996 No 99
Abolition of SDRO
Schedule 1 [45] provides for the appointment of a Commissioner of Fines Administration (the
Commissioner). The functions of the Commissioner are substantially the same as the functions of
the SDRO (which is to be abolished).
New provisions will enable the Commissioner to use the name "State Debt Recovery" in the
exercise of functions under the Act and to authorise the use of that name for other purposes. It will
be an offence to take proceedings under that name, or to carry on any other activity under that
name, unless authorised to do so by or under the Act.
The amendments also provide for the following:
(a) the employment of persons in the Public Service to assist the Commissioner,
(b) delegation of the Commissioner's functions,
(c) authorisation to exercise enforcement functions,
(d) personal liability of the Commissioner.
Schedule 1 [56] (proposed clause 29 of Schedule 3) abolishes the SDRO and provides for the
transfer of assets, rights and liabilities of the SDRO to the Crown.
Schedule 1 [1], [3], [5], [8], [10], [12], [13], [16], [26]-[33], [35], [36], [41], [44], [46], [48], [50]
and [51] make consequential amendments.
The amendments to other legislation in Schedule 2 (other than the amendments specifically
mentioned below) are also consequential on the abolition of the SDRO and the appointment of the
Commissioner.
Suspension of visitor driver privileges
Schedule 1 [20] and [22] permit the enforcement of a fine by means of suspension of a person's
visitor driver privileges.
A visitor driver privilege is any exemption under road transport legislation that confers authority
on a visiting driver (such as a resident of another State) to drive a motor vehicle in New South
Wales, even though the visiting driver does not hold a New South Wales driver licence.
The amendments require Roads and Maritime Services to suspend visitor driver privileges if
directed to do so by the Commissioner.
Such enforcement action is to be taken only if the fine defaulter is liable for 2 or more fines and
the fines relate to traffic offences.
Schedule 1 [24] permits the interim restoration of visitor driver privileges if a fine, or the
conviction or sentence to which it relates, is the subject of a challenge.
Schedule 1 [21] makes a consequential amendment.
Schedule 2.14 contains consequential amendments to the Road Transport (Driver Licensing)
Regulation 2008.
Trial for enforcement of restitution orders
Schedule 1 [53] establishes a trial for the enforcement under the Act of restitution orders made
under the Victims Rights and Support Act 2013 (or under the former Act, the Victims Support and
Rehabilitation Act 1996).
Page 2
Fines Amendment Bill 2013 [NSW]
Explanatory note
At present, a restitution order (an order for the payment of restitution by an offender) is
enforceable as if it were an order made in civil proceedings for the payment of a debt to the
Commissioner of Victims Rights.
Under the trial, the amount payable under the order will be enforceable under the Act as if it were
a fine imposed by a court.
The trial period will run for 12 months (or a longer period prescribed by the regulations). It will
apply only to restitution orders confirmed before or during the trial period that the Commissioner
of Victims Rights and the Commissioner of Fines Administration agree should be enforced under
the trial.
The amendments modify the application of the Act, as it applies to restitution orders, and also
suspend the operation of various enforcement provisions under the Victims Rights and Support Act
2013 (or the former Act, the Victims Support and Rehabilitation Act 1996) in relation to restitution
orders that are enforced under the trial.
Enforcement in NSW of interstate fines
Schedule 1 [43] (see, in particular, Division 2 of proposed Part 5A) establishes a scheme for the
enforcement of interstate fines in New South Wales.
Under the scheme, the Commissioner is given power to make an order (an interstate fine
enforcement order) for the enforcement of an interstate fine in New South Wales. An interstate
fine enforcement order may be made at the request of the originating jurisdiction for the fine (the
jurisdiction in which the fine was imposed). The interstate fine enforcement order has the same
effect, with some modifications, as a fine enforcement order made in respect of a NSW fine (a fine
for which New South Wales is the originating jurisdiction). Accordingly, the Commissioner can
take enforcement action under the Act in relation to the interstate fine, in the same way as for a
NSW fine. Any money recovered in New South Wales under the interstate fine enforcement order
is to be applied, firstly, towards payment of New South Wales enforcement costs and fines. The
remainder is to be paid to the originating jurisdiction.
The scheme will not apply to fines that fall within the enforcement scheme provided for by Part 7
of the Service and Execution of Process Act 1992 of the Commonwealth (the SEP Act). The SEP
Act permits a fine that is imposed by a court of one State to be registered, in certain circumstances,
in another State. The fine then becomes enforceable in the registering State as if it had been
imposed by a court of the registering State. Accordingly, an enforcement scheme for interstate
fines that are court imposed already exists under that Act.
As the new enforcement scheme provided for by the amendments will not apply to SEP Act fines,
it will principally apply to administrative type fines, such as fines payable under penalty notices.
Schedule 1 [47] permits the disclosure of information obtained under the Act in connection with
a request for the enforcement of, or the enforcement of, an interstate fine enforcement order.
Schedule 1 [49] permits guidelines to be made under the Act with respect to the issue of interstate
fine enforcement orders.
Schedule 2.7 [1] makes a consequential amendment to the Fines Regulation 2010.
Enforcement of NSW fines in other jurisdictions
Schedule 1 [43] (see, in particular, Division 3 of proposed Part 5A) makes further provision for
the enforcement of NSW fines in other jurisdictions.
The amendments permit the Commissioner to request enforcement action or to exercise other
functions under the legislation of other jurisdictions (including the SEP Act) for the purpose of
enforcing the payment of NSW fines.
The Commissioner can enter into arrangements with other jurisdictions for the payment of
amounts recovered in those jurisdictions in the enforcement of NSW fines.
Enforcement action in NSW is not permitted if the Commissioner has requested enforcement
action in another jurisdiction.
Page 3
Fines Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 [47] permits the disclosure of information obtained under the Act in connection with
a request for the enforcement of, or the enforcement of, a fine enforcement order in another
jurisdiction.
Further amendments relating to SEP Act
Schedule 1 [4] makes it clear that a fine includes any fine to which Part 7 of the SEP Act applies.
Schedule 1 [7] (proposed section 14 (1)) permits the Commissioner to make a court fine
enforcement order in respect of an interstate fine that is registered in New South Wales under
Part 7 of the SEP Act, without the need for the fine to be referred by the court to the Commissioner
for enforcement. Under the SEP Act, once an interstate fine is registered in New South Wales it
is enforceable in New South Wales as if it had been imposed by a court of New South Wales.
Schedule 1 [19] makes it clear that imprisonment cannot be used as an enforcement mechanism
in respect of a fine registered in New South Wales under the SEP Act. This is consistent with
section 114 of the SEP Act.
Combined payment arrangements
Schedule 1 [6], [7] and [14] permit a fine enforcement order to be made, before the due date for
the fine or penalty notice amount, if the person liable to pay the fine or penalty notice amount
seeks from the Commissioner a time to pay order that provides for a combined payment
arrangement. A time to pay order is an order that extends the time for payment of a fine or allows
a fine to be paid by instalments. A time to pay order may be made only after a fine enforcement
order has been made. Accordingly, the amendments will permit a time to pay order that provides
for a combined payment arrangement to be made in respect of a fine or penalty notice amount
before the amount is due. Schedule 1 [9] is a consequential amendment.
Schedule 1 [34], [37] and [38] provide for combined payment arrangements. A combined
payment arrangement is an arrangement for the payment of a fine or penalty notice amount in
conjunction with another fine payable by the same person. For example, a time to pay order could
permit the payment by instalment of all the relevant fines or penalty notice amounts payable by
the person.
Schedule 2.7 [3] makes a consequential amendment to the Fines Regulation 2010.
Allocation of overpayments
Schedule 1 [52] permits the Commissioner to reallocate any overpayment made by a person under
a fine enforcement order towards payment of amounts payable under other fine enforcement
orders that are in force in relation to the person, instead of refunding the overpayment. At present,
the Act permits such a reallocation only if the overpayment is made as a result of the withdrawal
or annulment of the fine enforcement order. The amendment will permit inadvertent
overpayments (an overpayment otherwise than as a result of the withdrawal or annulment of a fine
enforcement order) to be reallocated. However, the Commissioner is required to refund an
inadvertent overpayment if the person who made the overpayment applies for a refund.
Schedule 1 [11], [15], [17] and [18] are consequential amendments.
Other amendments
Schedule 1 [39] makes the Director-General of the Department of Finance and Services a member
of the Hardship Review Board, instead of the Chief Commissioner of State Revenue.
Schedule 1 [23] updates a reference to the title of an Act.
Schedule 1 [2] inserts new definitions that are related to the above amendments. Schedule 1 [40]
is a consequential amendment.
Schedule 1 [25] updates a provision that confers power to issue an examination summons, so that
it instead confers power to issue an order for examination. The new terminology is consistent with
the terminology used in the Uniform Civil Procedure Rules 2005. Schedules 1 [42] and 2.7 [4]
are consequential amendments.
Page 4
Fines Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 [54] updates a Schedule to the Act that lists the penalty notice provisions in other Acts
that are enforceable under the Fines Act 1996 to include various recently enacted Acts.
Schedule 1 [55] enables savings and transitional regulations to be made as a consequence of any
amendment to the Act.
Schedule 1 [56] provides for savings and transitional matters.
Page 5
First print
New South Wales
Fines Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Fines Act 1996 No 99 3
Schedule 2 Amendment of other legislation 26
b2013-048-40.d21
New South Wales
Fines Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Fines Act 1996 to make further provision for the enforcement of fines and
interstate fines; to abolish the State Debt Recovery Office; and to make related amendments to
other legislation.
Fines Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Fines Amendment Act 2013. 3
2 Commencement 4
This Act commences on 1 December 2013, or the date of assent to this Act, 5
whichever is the later. 6
Page 2
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
Schedule 1 Amendment of Fines Act 1996 No 99 1
[1] Section 3 Definitions 2
Omit "State Debt Recovery Office" wherever occurring in the definitions of approved 3
form, person in receipt of a Government benefit and reviewing agency in section 3 (1). 4
Insert instead "Commissioner". 5
[2] Section 3 (1) 6
Insert in alphabetical order: 7
authorised officer has the meaning given by section 116B. 8
combined payment arrangement has the meaning given by section 100. 9
order for examination means an order under section 75. 10
time to pay order means an order under section 100. 11
visitor driver privileges has the meaning given by section 66A. 12
[3] Section 3 (1) 13
Omit the definition of State Debt Recovery Office. Insert in alphabetical order: 14
Commissioner means the Commissioner of Fines Administration referred to 15
in section 113. 16
[4] Section 4 Meaning of "fine" 17
Insert "(including a fine to which Part 7 of the Service and Execution of Process Act 1992 18
of the Commonwealth applies, subject to that Part)" after "for an offence" in 19
section 4 (1) (a). 20
[5] Sections 11 (6) (note), 12, 13, 14 (1C), (2) and (4), 16 (2) (a), 17 (1) and (2), 19 (1) (f), 21
24A (2) (a), 38 (1B) and (1C), 40, 41, 42 (2A), 44 (2) (a), 46 (1), 48 (3) and (5), 49, 49A (1) 22
and (4)-(7), 50 (1) and (3), 51 (1), 52 (1) and (4) (d), 58 (1) (g), 59, 61 (3) (d), 65 (1), (2) 23
and (4)-(5), 66, 67 (2) and (3), 68 (2) and (4), 72 (1), (2) and (4)-(8), 73 (1), (2) and (4), 24
74 (1), (5) and (6), 76A (1), (3) and (5), 77 (3), 79 (1)-(3) and (7), 80 (1) and (4) (c), 25
80A (1), 86 (1)-(4), (6) and (9), 87 (1), 99B (1), (2) (a) and (4), 99BA (4) and (5), 99C (1) 26
and (2), 99F (7) and (8), 99I (3), 100 (1), (2), (3), (4) and (5), 101 (1)-(1B) and (4), 101B 27
(1), (4) and (6), 102 (1), 102A (1), 103 (1) (a), 107 (1)-(4), 108, 112 (2), 112A (2) (a), 117 28
(1) and (1A), 117AA, 117AB (1), 118, 120 (1) (a), 122B and 126A (2) and (3) (note) 29
Omit "State Debt Recovery Office", "the Office" and "The Office" wherever occurring. 30
Insert instead "Commissioner", "the Commissioner" and "The Commissioner" 31
respectively. 32
[6] Section 13 Referral for a court fine enforcement order 33
Omit section 13 (1) (b) and (c). Insert instead: 34
(b) the person on whom the fine has been imposed seeks a work and 35
development order in relation to the fine, or 36
(c) the person is in receipt of a Government benefit and seeks a time to pay 37
order in relation to the fine, or 38
(d) the person seeks a time to pay order in relation to the fine that provides 39
for a combined payment arrangement. 40
Page 3
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
[7] Section 14 When an order may be made 1
Omit section 14 (1)-(1B). Insert instead: 2
(1) The Commissioner may make a court fine enforcement order: 3
(a) if the registrar of the court that imposed the fine refers the matter to the 4
Commissioner for the making of a court fine enforcement order, or 5
(b) if the fine is registered in New South Wales under Part 7 of the Service 6
and Execution of Process Act 1992 of the Commonwealth and that Act 7
permits the fine to be enforced in or by New South Wales as the 8
registering State. 9
Note. Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth 10
allows interstate fines imposed by courts that are registered in New South Wales to be 11
enforced in New South Wales in the same way as New South Wales court imposed 12
fines. 13
(1A) A court fine enforcement order may be made only if there has been a default 14
in payment of the fine by the due date. 15
(1B) However, a court fine enforcement order may be made, without any default in 16
payment, in relation to a fine imposed by a court on a person if: 17
(a) the person seeks a work and development order in relation to the fine, or 18
(b) the person is in receipt of a Government benefit and seeks a time to pay 19
order in relation to the fine, or 20
(c) the person seeks a time to pay order in relation to the fine that provides 21
for a combined payment arrangement. 22
(1BA) The Commissioner must not make a court fine enforcement order referred to 23
in subsection (1B) unless the Commissioner decides to make the work and 24
development order, or time to pay order, sought by the person. 25
[8] Sections 14 (1C) and (2), 49 (1) (a) and (b), (3) and (3B), 49A (1), 99C (2) and 99F (8) 26
Omit "it" wherever occurring. Insert instead "the Commissioner". 27
[9] Section 14 (1C) 28
Omit "or (c)". Insert instead ", (c) or (d)". 29
[10] Sections 17 (1), 41, 46 (1), 66 (4), 67 (3), 101 (1A), 108 (1) and 120 (1) (a) 30
Omit "its" wherever occurring. Insert instead "the Commissioner's". 31
[11] Section 17 Withdrawal of order 32
Omit section 17 (6) and (7). Insert instead: 33
Note. The Commissioner may, instead of repaying an amount under this section, 34
reallocate it towards the payment of other amounts payable by the person under fine 35
enforcement orders (see section 122C). 36
[12] Section 19A Appropriate officer may give official caution 37
Omit "State Debt Recovery Office" from paragraph (a) of the definition of guidelines in 38
section 19A (3). 39
Insert instead "Office of State Revenue in the Department of Finance and Services". 40
Page 4
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
[13] Section 22 Persons who may issue and deal with penalty notices (appropriate 1
officers) 2
Omit "Chief Commissioner of State Revenue" from section 22 (2) (b) (ii). 3
Insert instead "Commissioner". 4
[14] Section 42 When a penalty notice enforcement order may be made 5
Omit section 42 (1AA) and (1BB). Insert instead: 6
(1AA) The Commissioner may also make a penalty notice enforcement order, in 7
respect of an amount owed by a person under a penalty notice, if the 8
Commissioner: 9
(a) receives an application by the person for a work and development order 10
in relation to the amount, or 11
(b) receives an application for a time to pay order in relation to the amount 12
from a person who is in receipt of a Government benefit, or 13
(c) receives an application for a time to pay order in relation to the amount 14
and the application is for a combined payment arrangement. 15
(1BB) The Commissioner must not make a penalty notice enforcement order referred 16
to in subsection (1AA) unless the Commissioner decides to make the work and 17
development order, or time to pay order, sought by the person. 18
[15] Section 46 Withdrawal of order 19
Omit section 46 (7) and (8). Insert instead: 20
Note. The Commissioner may, instead of repaying an amount under this section, 21
reallocate it towards the payment of other amounts payable by the person under fine 22
enforcement orders (see section 122C). 23
[16] Sections 49 (4), 52 (1) and 102 (2) 24
Omit "that Office" wherever occurring. Insert instead "the Commissioner". 25
[17] Section 52 Provisions relating to annulment of enforcement orders 26
Omit section 52 (6) and (6A). 27
[18] Section 52, note 28
Insert at the end of the section: 29
Note. The Commissioner may, instead of repaying an amount under this section, 30
reallocate it towards the payment of other amounts payable by the person under fine 31
enforcement orders (see section 122C). 32
[19] Section 57 Application and interpretation 33
Insert after section 57 (1): 34
(1A) Division 6 (Imprisonment) does not apply to a fine registered in New South 35
Wales under Part 7 of the Service and Execution of Process Act 1992 of the 36
Commonwealth that is enforced in New South Wales as the registering State 37
under that Act. 38
Page 5
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
[20] Section 65 When enforcement action taken under this Division 1
Insert after section 65 (3): 2
(3A) Despite subsections (1) and (2), enforcement action with respect to a fine 3
defaulter's visitor driver privileges is not to be taken under this Division 4
unless: 5
(a) the fine defaulter is liable for 2 or more fines under fine enforcement 6
orders, and 7
(b) the fines relate to traffic offences, and 8
(c) subsection (1) (a), (b) or (c) applies to each of those fines. 9
[21] Section 65, note 10
Insert ", is not a visitor driver" after "driver licence". 11
[22] Section 66A 12
Insert after section 66: 13
66A Suspension of visitor driver privileges 14
(1) Roads and Maritime Services must suspend any visitor driver privileges of a 15
fine defaulter against whom it is required to take enforcement action. 16
(2) Roads and Maritime Services must suspend visitor driver privileges even if the 17
Commissioner has, after requiring Roads and Maritime Services to take 18
enforcement action: 19
(a) granted an extension of time for the payment of the fine, or 20
(b) allowed the fine defaulter to pay the fine by instalments. 21
(3) Roads and Maritime Services is to remove the suspension of visitor driver 22
privileges if the Commissioner directs it to cease enforcement action in respect 23
of the fine defaulter under this Division. 24
(4) The statutory rules under the Road Transport Act 2013 may make further 25
provision for the suspension of visitor driver privileges in connection with fine 26
enforcement orders. 27
(5) This section does not limit the powers of Roads and Maritime Services in 28
relation to visitor driver privileges under any other Act. 29
(6) In this section: 30
visiting driver means a person who: 31
(a) does not hold a driver licence, and 32
(b) holds a licence or permit to drive a motor vehicle issued in a place 33
outside this jurisdiction. 34
visitor driver privileges means any exemption under road transport legislation 35
(within the meaning of the Road Transport Act 2013) that confers authority on 36
a visiting driver to drive a motor vehicle in this jurisdiction, even though the 37
visiting driver does not hold a driver licence. 38
[23] Section 69 Interim restoration or reinstatement of licence or registration pending 39
appeal etc 40
Omit "Local Courts" from section 69 (1) (b). 41
Page 6
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
[24] Section 69A 1
Insert after section 69: 2
69A Interim restoration of visitor driver privileges 3
(1) A person may apply to Roads and Maritime Services for restoration of visitor 4
driver privileges suspended under this Division if: 5
(a) in the case of a penalty notice enforcement order--the person has 6
lodged an application under Division 5 of Part 3 to have an application 7
to annul the fine enforcement order concerned determined by the Local 8
Court and those proceedings have not been determined, or 9
(b) in the case of a court fine enforcement order--the person has lodged an 10
appeal against the conviction or sentence in respect of which the fine 11
concerned was imposed, or the person has lodged an application under 12
Part 2 of the Crimes (Appeal and Review) Act 2001 to annul that 13
conviction or sentence, and those proceedings have not been 14
determined. 15
(2) In such a case, Roads and Maritime Services must restore visitor driver 16
privileges by removing the suspension of visitor driver privileges. 17
(3) Any restored visitor driver privileges may be suspended again under this Act 18
following the determination of the proceedings referred to in subsection (1) or 19
in connection with a different fine payable by the person. 20
(4) Visitor driver privileges cannot be restored under this section if visitor driver 21
privileges have ceased to apply to the person for some other reason under the 22
road transport legislation. 23
[25] Sections 75 and 75A 24
Omit section 75. Insert instead: 25
75 Examination of fine defaulter 26
(1) The Commissioner may issue an order (an order for examination) under this 27
section for the purpose of enabling enforcement action to be taken under this 28
Division. 29
(2) An order for examination may be directed: 30
(a) if the fine defaulter is a natural person--to the fine defaulter, or 31
(b) if the fine defaulter is a corporation--to an officer or former officer of 32
the corporation. 33
(3) An order for examination: 34
(a) is to require the person to whom it is directed to attend before the 35
Commissioner or other specified authorised officer, or before a 36
specified officer of a court, at the place specified in the order, and 37
(b) is to require the person to so attend on a day and at a time specified in 38
the order and thereafter as required by the Commissioner or officer to 39
be orally examined as to the fine defaulter's property and other means 40
of satisfying the fine and generally as to the fine defaulter's financial 41
circumstances, and 42
(c) may require the person to produce to the Commissioner or officer, at 43
any such examination, any document or other thing in the person's 44
possession or control that tends to show the fine defaulter's true 45
financial circumstances. 46
Page 7
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
(4) An order for examination is to be served personally on the person to whom it 1
is directed. 2
(5) A person is not bound to produce any document or other thing that is not 3
specified or sufficiently described in the order for examination or that the 4
person would not be bound to produce on a subpoena for production in the 5
Supreme Court. 6
(6) An order for examination may not be issued to a person if that person has 7
previously attended an examination within the previous 3 months pursuant to 8
an order for examination under this section. 9
(7) An examination under this section may be adjourned: 10
(a) by the Commissioner, in a case where a person is required to attend 11
before the Commissioner or other specified authorised officer, or 12
(b) by a specified officer of a court, in a case where a person is required to 13
attend before the specified officer. 14
(8) The Commissioner, authorised officer or specified officer of the court (as the 15
case requires) must notify the person concerned of the time and place for the 16
adjourned examination. 17
(9) The Commissioner may, instead of issuing an order for examination, request 18
the fine defaulter by notice to supply the relevant information for the purpose 19
of enabling enforcement action to be taken under this Division. An order for 20
examination may be issued if the notice is not complied with. 21
75A Enforcement of order for examination 22
(1) If a person who is issued with an order for examination fails to attend in 23
accordance with the order, the Commissioner may issue a warrant for the 24
apprehension of the person and for the person to be brought before the 25
Commissioner or other specified authorised officer, or before a specified 26
officer of a court, for examination in accordance with this section. 27
(2) Any such warrant of apprehension: 28
(a) may not be issued unless the Commissioner is satisfied that the order for 29
examination was duly served on the person, and 30
(b) may not be issued until at least 14 days after the person was notified (in 31
the manner required for the service of a fine enforcement order) that a 32
warrant will issue if the person does not attend for examination in 33
accordance with this section, and 34
(c) is to be directed to the Sheriff and may be executed by the Sheriff or by 35
the Sheriff's officers or by any court bailiffs authorised by the Sheriff, 36
and 37
(d) may be executed with the assistance of any police officer. 38
(3) The Commissioner may report the following matters to the Supreme Court or 39
the District Court for determination: 40
(a) a failure to attend in accordance with an order for examination, 41
(b) a refusal, without reasonable excuse, to give evidence on oath or 42
affirmation after attending for examination, 43
(c) the giving of false information at an examination, 44
(d) a failure, without reasonable excuse, to produce any document or thing 45
required to be produced by an order for examination. 46
Page 8
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
(4) The court to which the matter is referred may deal with the matter as if it were 1
a contempt of that court. 2
[26] Sections 86 (1) and (3), 99C (1) (b)-(g), 101 (1A) (a) and (1B) and 126A (note) 3
Omit "it is" wherever occurring. 4
[27] Section 86 Revocation of community service order 5
Omit "its decision" from section 86 (6). Insert instead "the decision". 6
[28] Sections 89 (6) and (7), 89A (1), 95 (5) and 103 (2) 7
Omit "State Debt Recovery Office" wherever occurring. 8
Insert instead "Commissioner of Fines Administration". 9
[29] Section 95 Execution of warrant 10
Omit "it" where firstly occurring in section 95 (5). Insert instead "the Commissioner". 11
[30] Section 99B Making an order 12
Omit section 99B (5). Insert instead: 13
(5) If the Commissioner determines to make an order, the order is to be made in 14
such terms as are agreed between the Commissioner, the applicant and each 15
approved person. 16
[31] Section 99BA Assessments of eligibility for orders and keeping of records 17
Omit section 99BA (2). Insert instead: 18
(2) If such an assessment is included in the application, the Commissioner is to 19
rely on that assessment when deciding whether to make the work and 20
development order unless the Commissioner has reason to believe that the 21
assessment should not be relied on. 22
[32] Section 99BA (5) 23
Omit "it" where firstly occurring. Insert instead "the Commissioner". 24
[33] Section 99I Work and development guidelines 25
Omit "(State Debt Recovery Office)" from section 99I (5). 26
[34] Section 100 Time to pay 27
Omit section 100 (1A). Insert instead: 28
(1A) However, an application for time to pay a fine may be made before a fine 29
enforcement order is made by: 30
(a) a person who is in receipt of a Government benefit, or 31
(b) a person who seeks a combined payment arrangement. 32
[35] Section 100 (3A) 33
Omit the subsection. Insert instead: 34
(3A) In particular, the Commissioner may allow a person to pay the fine in 35
instalments, as a regular direct debit, if the Commissioner: 36
(a) is satisfied that adequate arrangements are in place for such a regular 37
payment to be made, and 38
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(b) agrees to the fine being paid in this manner. 1
[36] Section 100 (4A) 2
Omit "State Debt Recovery Office's". Insert instead "Commissioner's". 3
[37] Section 100 (4B) 4
Insert after section 100 (4A): 5
(4B) An order under this section may be made in relation to more than one fine and 6
may provide for a combined payment arrangement. 7
[38] Section 100 (7) 8
Insert after section 100 (6): 9
(7) In this section, a combined payment arrangement means an arrangement for 10
the payment of a fine or an amount payable under a penalty notice in 11
conjunction with payment of another fine for which a fine enforcement order 12
has been made. 13
[39] Section 101A Hardship Review Board 14
Omit section 101A (1) (a). Insert instead: 15
(a) the Director-General of the Department of Finance and Services, and 16
[40] Section 101B Reviews by Hardship Review Board 17
Omit "an order under section 100" wherever occurring in section 101B (1) (b) and (6) (b). 18
Insert instead "a time to pay order". 19
[41] Section 101C 20
Omit the section. Insert instead: 21
101C Disclosure of information by Hardship Review Board 22
The Hardship Review Board, a member of the Board, or a person otherwise 23
engaged in the administration of this Subdivision, may disclose to the 24
Commissioner, or any other person engaged in the administration of this Act, 25
information obtained in the administration of this Subdivision. 26
[42] Section 103 Electronic transmission of documents 27
Omit "examination summons" from section 103 (1) (b1). 28
Insert instead "order for examination". 29
[43] Part 5A 30
Insert after Part 5: 31
Part 5A Interstate fine enforcement 32
Division 1 General 33
108A Definitions 34
(1) In this Part: 35
another jurisdiction means a jurisdiction other than New South Wales. 36
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discharged, in relation to an interstate fine or part of such a fine, means 1
discharged because of payment, remission, pardon or otherwise. 2
interstate fine means a monetary penalty that is payable by a person under an 3
order in force under the law of another jurisdiction for any one or more 4
offences, or alleged offences, against the law of that jurisdiction, and includes: 5
(a) any costs (including expenses or disbursements) payable by the person 6
under the order, and 7
(b) such other amounts (if any) as may be prescribed by the regulations. 8
interstate fine enforcement authority for an interstate fine means a court, 9
Government Department or other agency (or an officer of a court, Government 10
Department or other agency) that is responsible for the enforcement of the fine 11
in the originating jurisdiction. 12
interstate fine enforcement order means an order under section 108C. 13
jurisdiction means a State or Territory. 14
NSW fine means a fine for which New South Wales is the originating 15
jurisdiction. 16
NSW fine enforcement order means a fine enforcement order in relation to a 17
NSW fine. 18
offender, in relation to an interstate fine or NSW fine, means the person on 19
whom the fine was imposed. 20
order includes: 21
(a) a verdict or judgment, and 22
(b) a notice requiring the payment of a fine for an offence or alleged 23
offence. 24
originating jurisdiction means the jurisdiction in which the order under which 25
a fine or interstate fine is payable was made. 26
participating jurisdiction means another jurisdiction: 27
(a) in which NSW fine enforcement orders are enforceable under the laws 28
of that jurisdiction, or 29
(b) that is prescribed by the regulations to be a participating jurisdiction for 30
the purposes of this Part. 31
this jurisdiction means New South Wales. 32
(2) If a provision of this Part confers a function on the originating jurisdiction for 33
an interstate fine, that function may be exercised by: 34
(a) an interstate fine enforcement authority for the interstate fine, or 35
(b) any other body or person that the Commissioner is satisfied is 36
authorised to exercise the function on behalf of the originating 37
jurisdiction. 38
References to the originating jurisdiction are to be construed accordingly. 39
108B Relevant connection of offender with a jurisdiction 40
For the purposes of this Part, an offender has a relevant connection with a 41
jurisdiction if the offender has any one or more of the following connections 42
with the jurisdiction: 43
(a) the offender is resident in the jurisdiction, 44
(b) the offender holds a licence or permit to drive a motor vehicle issued in 45
the jurisdiction, 46
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(c) the offender has debts due and accruing in the jurisdiction in respect of 1
which a garnishee order could be made, 2
(d) the offender has a motor vehicle that is registered in the jurisdiction, 3
(e) the offender has property that is located in the jurisdiction, 4
(f) the offender has such other connection with the jurisdiction as may be 5
prescribed by the regulations. 6
Division 2 Enforcement of interstate fines in NSW 7
108C Power to make interstate fine enforcement orders 8
(1) The Commissioner may make an order (an interstate fine enforcement order) 9
for the enforcement of an interstate fine in this jurisdiction. 10
(2) An interstate fine enforcement order may be made in relation to an interstate 11
fine only if: 12
(a) the originating jurisdiction for the interstate fine is a participating 13
jurisdiction, and 14
(b) a request for the order has been duly made under this Part by the 15
interstate fine enforcement authority for the interstate fine, and 16
(c) Part 7 of the Service and Execution of Process Act 1992 of the 17
Commonwealth does not apply to the fine. 18
Note. Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth 19
permits certain interstate fines imposed by courts to be registered in New South Wales 20
and enforced in the same way as NSW court imposed fines. Accordingly, court fine 21
enforcement orders can be made in relation to registered fines under Division 3 of 22
Part 2 (see section 14). This Part provides for the enforcement of interstate fines to 23
which Part 7 of the Commonwealth Act does not apply, such as administrative fines. 24
(3) A single order may be made for the enforcement of 2 or more interstate fines 25
payable by a person. 26
(4) An interstate fine enforcement order may be made in the absence of, and 27
without prior notice to, the person liable to pay the interstate fine. 28
(5) The Commissioner must not make an interstate fine enforcement order unless 29
the originating jurisdiction for the fine, or a person or body acting on its behalf, 30
is required (whether because of statutory duty, agreement or otherwise) to 31
notify the Commissioner if the fine is partially or fully paid in the originating 32
jurisdiction. 33
108D Effect of interstate fine enforcement order 34
(1) Part 4 (Fine enforcement action) applies to the enforcement of an interstate 35
fine following the making of an interstate fine enforcement order in the same 36
way as it applies to a NSW fine following the making of a NSW fine 37
enforcement order. 38
(2) For that purpose: 39
(a) a reference in that Part to a fine enforcement order includes a reference 40
to an interstate fine enforcement order, and 41
(b) a reference in that Part to a fine includes a reference to an interstate fine 42
and the enforcement costs payable under the interstate fine enforcement 43
order. 44
(3) Part 8 applies to an interstate fine the subject of an interstate fine enforcement 45
order or a request for an interstate fine enforcement order as if: 46
(a) a reference to a fine included a reference to the interstate fine, and 47
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(b) a reference to a fine defaulter included a reference to the offender in 1
relation to the interstate fine, and 2
(c) a reference to a fine enforcement order included a reference to an 3
interstate fine enforcement order. 4
(4) Parts 4 and 8 apply with any other modifications provided for by this Part or 5
the regulations. 6
108E Request for interstate fine enforcement order 7
(1) The originating jurisdiction for an interstate fine may request the 8
Commissioner to make an interstate fine enforcement order in relation to the 9
fine if: 10
(a) the liability of the offender to pay the fine has not been fully discharged, 11
and 12
(b) there is reason to believe that the offender has a relevant connection 13
with this jurisdiction. 14
(2) The request must: 15
(a) be made in writing, and 16
(b) include all information required by the Commissioner to make an 17
interstate fine enforcement order. 18
(3) A request for the making of an interstate fine enforcement order may be made 19
by post, facsimile or other electronic transmission, or by any other method 20
approved by the Commissioner. 21
(4) A single request may be made for more than one interstate fine, in which case 22
this section applies to each of the fines to which that request relates. 23
(5) A request may not be made under this section in relation to an interstate fine if: 24
(a) action to enforce the fine is being taken in another jurisdiction, or 25
(b) Part 7 of the Service and Execution of Process Act 1992 of the 26
Commonwealth applies to the fine. 27
108F Form of interstate fine enforcement order 28
An interstate fine enforcement order must specify the following matters: 29
(a) the offender's name, address and date of birth (if known), 30
(b) a description of the offence, or alleged offence, in respect of which each 31
fine to which the order applies was imposed, 32
(c) the originating jurisdiction and the name of the interstate fine 33
enforcement authority that requested the making of the order, 34
(d) the date on which the fine was imposed, 35
(e) the amount required to be paid, being the amount of the fine that 36
remains to be paid, together with specified enforcement costs payable 37
in this jurisdiction. 38
108G Amendment or withdrawal of request for interstate fine enforcement order 39
(1) The originating jurisdiction for an interstate fine may, at any time, by notice in 40
writing to the Commissioner, request the Commissioner to amend or withdraw 41
an interstate fine enforcement order for the interstate fine. 42
(2) The request may be given by post, facsimile or other electronic transmission, 43
or by any other method approved by the Commissioner. 44
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(3) The request must include all information required by the Commissioner to 1
amend or withdraw the order. 2
(4) A request may be made whether or not the interstate fine has been paid. 3
(5) A notice given to the Commissioner by the originating jurisdiction for an 4
interstate fine to the effect that a fine has been partially or fully paid in the 5
originating jurisdiction is taken: 6
(a) to be a request for amendment of any interstate fine enforcement order 7
that applies to the fine (if the fine has been partially paid), or 8
(b) to be a request for the withdrawal of an interstate fine enforcement order 9
that applies to the fine or, if the order relates to more than one fine, for 10
the partial withdrawal of the order as it relates to that particular fine (if 11
the fine has been fully paid). 12
108H Amendment or withdrawal of interstate fine enforcement orders 13
(1) The Commissioner may (and, if requested by the originating jurisdiction for 14
the interstate fine, must) amend an interstate fine enforcement order: 15
(a) to reduce the amount that is payable under the order to recognise 16
payments made in the originating jurisdiction to partially discharge the 17
fine, or 18
(b) to otherwise correct an error. 19
(2) The Commissioner may withdraw an interstate fine enforcement order if 20
satisfied that: 21
(a) the liability of the offender to pay an interstate fine to which the order 22
applies has been fully discharged (otherwise than by payment to the 23
Commissioner), or 24
(b) the person named in the order is not the same person as the person in 25
respect of whom a fine to which the order applies was imposed, or 26
(c) the order was otherwise made in error. 27
(3) An interstate fine enforcement order may be completely withdrawn or 28
partially withdrawn to the extent that it applies to a particular fine. 29
(4) An interstate fine enforcement order must be withdrawn, or partially 30
withdrawn, in accordance with any request for withdrawal made by the 31
originating jurisdiction for the interstate fine. 32
(5) The Commissioner is to provide written confirmation to the originating 33
jurisdiction that an interstate fine enforcement order has been withdrawn or 34
amended in accordance with a request duly made by that jurisdiction. 35
108I Effect of amendment or withdrawal of interstate fine enforcement orders 36
(1) If an interstate fine enforcement order is amended: 37
(a) the order continues to have effect in its amended form, and 38
(b) any enforcement action already taken is to be reversed, unless the same 39
enforcement action is authorised under the order (as amended), a NSW 40
fine enforcement order or another interstate fine enforcement order, and 41
(c) any amount that has already been paid under the order is taken to have 42
been paid under the order (as amended), and 43
(d) any excess amount paid is repayable to the person by whom it was paid. 44
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(2) If an interstate fine enforcement order is withdrawn completely: 1
(a) the order then ceases to have effect, and 2
(b) any enforcement action already taken is to be reversed, unless the same 3
enforcement action is authorised under a NSW fine enforcement order 4
or another interstate fine enforcement order, and 5
(c) enforcement costs are not payable under the order, and 6
(d) any excess amount paid is repayable to the person by whom it was paid. 7
(3) If an interstate fine enforcement order is partially withdrawn to the extent that 8
it applies to a particular fine: 9
(a) the order continues to have effect in respect of the remaining interstate 10
fines to which it applies, and 11
(b) any excess amount paid is repayable to the person by whom it was paid. 12
(4) The withdrawal of an interstate fine enforcement order does not prevent the 13
making of a further order in respect of the interstate fine. 14
(5) In this section, an excess amount paid is any amount paid in excess of the total 15
of the following: 16
(a) the enforcement costs (if any) payable under the interstate fine 17
enforcement order, 18
(b) the amounts payable under any NSW fine enforcement orders in force 19
in relation to the offender, 20
(c) if the interstate fine enforcement order is amended or partially 21
withdrawn, the amount payable under the order as in force after its 22
amendment or partial withdrawal. 23
108J Enforcement costs payable under interstate fine enforcement orders 24
(1) The following enforcement costs are payable under an interstate fine 25
enforcement order: 26
(a) any amounts prescribed by the regulations as enforcement costs for 27
interstate fine enforcement orders, 28
(b) the costs and expenses referred to in section 76A (Sheriff's additional 29
costs of taking enforcement action under this Division). 30
(2) The following applies to any such enforcement costs: 31
(a) an amount may be prescribed as the enforcement costs payable to the 32
Commissioner on the making of the order, 33
(b) an amount may be prescribed as the enforcement costs payable to Roads 34
and Maritime Services if any enforcement action is taken by Roads and 35
Maritime Services under Division 3 of Part 4 before payment is made 36
under the order, 37
(c) an amount may be prescribed as the enforcement costs payable into the 38
Consolidated Fund if any enforcement action is taken by the Sheriff or 39
other official under Division 4 of Part 4 before payment is made under 40
the order. 41
108K Application of amounts recovered 42
(1) Any amount recovered as a consequence of the making of an interstate fine 43
enforcement order is to be applied as follows: 44
(a) firstly, towards enforcement costs payable under the interstate fine 45
enforcement order, 46
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(b) secondly, towards the amount payable under any NSW fine 1
enforcement orders in force in relation to the offender, 2
(c) thirdly, towards the amount payable under the interstate fine to which 3
the interstate fine enforcement order applies. 4
(2) The Commissioner and an interstate fine enforcement authority for an 5
interstate fine to which an interstate fine enforcement order applies may enter 6
into arrangements for the payment to the authority or its nominee of any 7
amounts that are payable under this section towards the interstate fine. 8
(3) Section 121 (Fines payable into Consolidated Fund) does not apply in relation 9
to any amount payable under this section towards the interstate fine. 10
108L Modifications to application of Part 4 11
Part 4 applies in relation to an interstate fine subject to the following 12
modifications: 13
(a) Division 6 (Imprisonment) of that Part does not apply in relation to an 14
interstate fine, 15
(b) section 69 applies in relation to an interstate fine enforcement order as 16
if a reference to an appeal against conviction or sentence included a 17
reference to an appeal against, or an application for the review of, the 18
interstate fine under the law of the originating jurisdiction, 19
(c) the amount of costs and expenses payable as enforcement costs in this 20
jurisdiction under section 76A is to be reduced by any amount 21
prescribed under section 108J (2) (c) as payable to the Consolidated 22
Fund, 23
(d) section 101 is to be read as if a reference to the writing off of a fine were 24
limited to the writing off of the enforcement costs for the issue of an 25
interstate fine enforcement order, 26
(e) section 101B (1) (c) is to be read as if it were limited to the writing off, 27
or the failure to write off, the whole or part of, the enforcement costs for 28
the issue of an interstate fine enforcement order. 29
Division 3 Enforcement of NSW fine enforcement orders in 30
participating jurisdictions 31
108M Commissioner may request enforcement of NSW fine enforcement order 32
(1) The Commissioner is authorised: 33
(a) to make a request in accordance with the law of a participating 34
jurisdiction for the enforcement in that jurisdiction of a NSW fine 35
enforcement order, and 36
(b) to request the amendment or withdrawal of enforcement action in that 37
jurisdiction in accordance with the law of the participating jurisdiction, 38
and 39
(c) to exercise the functions of a fine enforcement officer under Part 7 of 40
the Service and Execution of Process Act 1992 of the Commonwealth. 41
(2) The Commissioner may make a request for the enforcement of a NSW fine 42
enforcement order in a participating jurisdiction only if: 43
(a) the liability of the offender to pay the NSW fine to which the NSW fine 44
enforcement order applies has not been fully discharged, and 45
(b) the Commissioner is satisfied that enforcement action under this Act has 46
not been successful or is likely to be unsuccessful, and 47
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(c) there is reason to believe that the offender has a relevant connection 1
with the participating jurisdiction, and 2
(d) no other enforcement action is being taken in relation to the order in any 3
other participating jurisdiction. 4
(3) Subsection (2) does not affect any additional requirements that apply to a 5
request for registration of a fine under Part 7 of the Service and Execution of 6
Process Act 1992 of the Commonwealth. 7
(4) The Commissioner may enter into arrangements with a participating 8
jurisdiction for the payment to the Commissioner or the Commissioner's 9
nominee of any amounts that are recovered in that jurisdiction in the 10
enforcement of a NSW fine enforcement order. 11
(5) Any amount recovered as a consequence of the enforcement in another 12
jurisdiction of a NSW fine enforcement order (other than for enforcement 13
costs) is to be dealt with as if the amount was paid on the imposition of the 14
NSW fine. 15
(6) For the purposes of this section, a request for registration of a NSW fine in 16
another jurisdiction under Part 7 of the Service and Execution of Process Act 17
1992 of the Commonwealth is taken to be a request for enforcement of a NSW 18
fine enforcement order. 19
108N Enforcement action in this jurisdiction prohibited during interstate 20
enforcement action 21
(1) The Commissioner is not to take any further action under this Act in relation 22
to the enforcement of a NSW fine enforcement order in this jurisdiction if the 23
Commissioner has requested enforcement action in a participating jurisdiction 24
or the fine has been registered in another jurisdiction under Part 7 of the 25
Service and Execution of Process Act 1992 of the Commonwealth. 26
(2) However, the Commissioner may take further action in relation to the 27
enforcement of the NSW fine enforcement order: 28
(a) if the NSW fine ceases to be a registered fine under Part 7 of the Service 29
and Execution of Process Act 1992 of the Commonwealth (in the case 30
of enforcement action authorised in a participating jurisdiction because 31
the fine was a registered fine under Part 7 of that Act), or 32
(b) if the participating jurisdiction, or a person or body acting on its behalf, 33
provides written notice to the Commissioner that the participating 34
jurisdiction has ceased enforcement action in that jurisdiction in relation 35
to the order (in any other case). 36
(3) This section has effect despite anything to the contrary in this Act. 37
108O Notification of payments made in this jurisdiction 38
The Commissioner must notify a participating jurisdiction of any payment 39
made in this jurisdiction in relation to a NSW fine: 40
(a) after the Commissioner requests enforcement action in relation to the 41
fine in the participating jurisdiction, or 42
(b) after the fine is registered in that jurisdiction under Part 7 of the Service 43
and Execution of Process Act 1992 of the Commonwealth. 44
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Division 4 Miscellaneous 1
108P Relationship with Part 5 2
The provisions of this Part are in addition to, and do not derogate from, the 3
provisions of Part 5. 4
[44] Part 8, heading 5
Omit the heading. Insert instead: 6
Part 8 Administration 7
[45] Sections 113-116C 8
Omit sections 113-116A. Insert instead: 9
113 Commissioner of Fines Administration 10
(1) There is to be a Commissioner of Fines Administration. 11
(2) The Commissioner is to be employed in the Public Service. 12
(3) In any Act, or any instrument made under an Act, a reference to the 13
Commissioner of Fines Administration is a reference to the person employed 14
in the Public Service to exercise the functions of the Commissioner. 15
114 Functions of Commissioner 16
(1) The Commissioner has the functions conferred or imposed on the 17
Commissioner by or under this or any other Act. 18
(2) The Commissioner: 19
(a) may enter into arrangements with persons who issue penalty notices, or 20
on whose behalf penalty notices are issued, for or with respect to such 21
penalty notices, including but not limited to: 22
(i) amending such penalty notices to correct minor errors, and 23
(ii) reviewing or withdrawing such penalty notices, and 24
(iii) refunding amounts paid under such penalty notices, and 25
(iv) the receipt, recovery and collection of amounts payable under 26
such penalty notices, and 27
(b) may receive, recover and collect, and may otherwise deal with, those 28
amounts in accordance with those arrangements, and 29
(c) may do all such things as may be necessary or convenient for the 30
exercise of the functions referred to in paragraphs (a) and (b), including: 31
(i) the issuing of court attendance notices, and 32
(ii) the demanding and recovering of fees and charges with respect to 33
the provision of services. 34
(3) The Commissioner has the function of administering the following: 35
(a) the making of fine enforcement orders, 36
(b) the taking of enforcement action against fine defaulters under this Act, 37
(c) the write off policy for outstanding fines, 38
(d) the receipt and collection of fines. 39
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115 Use of name "State Debt Recovery" 1
(1) The Commissioner may, in the exercise of functions under this Act, use the 2
name "State Debt Recovery". 3
(2) Legal proceedings may be taken by or against the Commissioner in the name 4
"State Debt Recovery". 5
(3) The Commissioner may authorise the use of the name "State Debt Recovery" 6
for any other purpose. 7
(4) A person must not take proceedings or carry on any other activity under the 8
name "State Debt Recovery" unless authorised to do so by or under this Act. 9
Maximum penalty: 10 penalty units. 10
(5) A person who takes proceedings in the name of "State Debt Recovery" is taken 11
to be authorised to take those proceedings, in the absence of evidence to the 12
contrary. 13
(6) This section does not prevent proceedings from being taken by or against the 14
Commissioner under the Commissioner's title. 15
116 Employees 16
(1) Persons may be employed in the Public Service to assist the Commissioner in 17
the exercise of his or her functions. 18
(2) The Commissioner may engage consultants or contractors to assist the 19
Commissioner in the exercise of his or her functions. 20
116A Delegation 21
(1) The Commissioner may delegate to any person employed in the Public Service 22
any function of the Commissioner under this Act, other than this power of 23
delegation. 24
(2) The Commissioner may delegate to any person any of the following functions 25
of the Commissioner: 26
(a) the function of serving notice of an order under section 59, 27
(b) the function of notifying a fine defaulter of enforcement action under 28
section 66, 29
(c) the function of serving (but not issuing) an order for examination. 30
116B Exercise of enforcement functions 31
(1) An enforcement function may be exercised by the Commissioner or by any 32
person employed in the Public Service who is authorised by the Commissioner 33
to exercise that function. 34
(2) A person authorised to exercise enforcement functions is an authorised officer 35
for the purposes of this Act. 36
(3) The Commissioner and any authorised officers have, in the exercise of 37
enforcement functions, the same protection and immunities as officers of a 38
court. 39
(4) In this section, enforcement function means a function of the Commissioner 40
of making or issuing an order or warrant under this Act. 41
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116C Personal liability 1
(1) A matter or thing done or omitted by the Commissioner, an authorised officer 2
or any other person engaged in the administration of this Act does not, if the 3
matter or thing was done or omitted in good faith for the purpose of executing 4
this Act, subject the Commissioner, authorised officer or other person so 5
acting personally to any action, liability, claim or demand. 6
(2) Any liability that would, but for subsection (1), attach to a person, attaches 7
instead to the State. 8
[46] Section 117A Disclosure of information by Commissioner 9
Omit "The State Debt Recovery Office, the Director of the Office, a member of the staff of 10
the Office" from section 117A (1). 11
Insert instead "The Commissioner,". 12
[47] Section 117A (1) (c) (iv) and (v) 13
Insert after section 117A (1) (c) (iii): 14
(iv) to an officer or agency of a participating jurisdiction (within the 15
meaning of Part 5A) in connection with a request for the 16
enforcement of, or the enforcement of, a fine enforcement order 17
in that jurisdiction, or 18
(v) to an interstate fine enforcement authority (within the meaning of 19
Part 5A), or other officer or agency of an originating jurisdiction 20
for an interstate fine (within the meaning of that Part), in 21
connection with a request for an interstate fine enforcement 22
order, or 23
[48] Section 118 Registration of fine enforcement orders 24
Omit "by it". 25
[49] Section 120 Guidelines on exercise of functions under this Act 26
Insert after section 120 (4): 27
(5) In this section, fine enforcement order includes an interstate fine enforcement 28
order (within the meaning of Part 5A) and fine includes an interstate fine the 29
subject of such an order. 30
[50] Section 122B Payment of penalty notice amounts received on behalf of others 31
Omit "114 (1A)" from section 122B (1). Insert instead "114 (2)". 32
[51] Section 122B (2) 33
Omit "the Office's". Insert instead "the Commissioner's". 34
[52] Section 122C 35
Insert after section 122B: 36
122C Reallocation of overpayments 37
(1) The Commissioner may reallocate any overpayment made by a person under 38
a fine enforcement order towards the payment of amounts payable under any 39
other fine enforcement order that is in force in relation to the person (instead 40
of refunding the overpayment). 41
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(2) The Commissioner must notify the person concerned of the reallocation and 1
of the right to apply for a refund of an inadvertent overpayment. 2
(3) A person who makes an inadvertent overpayment may apply to the 3
Commissioner for a refund of that overpayment. 4
(4) The Commissioner must, on application by a person who has made an 5
inadvertent overpayment that has been reallocated, revoke the decision to 6
reallocate and refund the overpayment. 7
(5) A failure by the Commissioner to give notice as required by this section does 8
not affect the validity of a reallocation. 9
(6) In this section: 10
fine enforcement order includes an interstate fine enforcement order (within 11
the meaning of Part 5A). 12
inadvertent overpayment means an overpayment made otherwise than as a 13
result of the withdrawal or annulment of a fine enforcement order. 14
overpayment means any amount paid by a person under a fine enforcement 15
order (including any amount paid towards enforcement costs) that, but for this 16
section, would be repayable to the person (including because the fine 17
enforcement order is withdrawn or annulled). 18
[53] Part 10 19
Insert after Part 9: 20
Part 10 Trial for enforcement of restitution orders 21
133 Definitions 22
In this Part: 23
confirmed means: 24
(a) confirmed by the Commissioner of Victims Rights or the 25
Administrative Decisions Tribunal under section 63, 64 or 67 of the 26
Victims Rights and Support Act 2013, or 27
(b) confirmed by the Victims Compensation Tribunal under section 48 or 28
49 of the Victims Support and Rehabilitation Act 1996 as in force before 29
its repeal. 30
restitution order means: 31
(a) an order for restitution within the meaning of Part 5 of the Victims 32
Rights and Support Act 2013, being an order that, but for this Part, 33
would be enforceable under section 72 of that Act, or 34
(b) an order for restitution within the meaning of Division 8 of Part 2 of the 35
Victims Support and Rehabilitation Act 1996, as in force before its 36
repeal. 37
trial means the trial provided for by this Part. 38
trial period means the period starting from (and including) the date of 39
commencement of the Fines Amendment Act 2013 and ending at the beginning 40
of: 41
(a) the first anniversary of the date of commencement of the Fines 42
Amendment Act 2013, or 43
(b) if a later date for the end of the trial period is prescribed by the 44
regulations, the date so prescribed. 45
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Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
134 Trial for enforcement of restitution orders 1
(1) There is to be a trial for the enforcement of restitution orders under this Act. 2
(2) A restitution order may be enforced under the trial if: 3
(a) it is confirmed before or during the trial period, and 4
(b) the Commissioner of Fines Administration and the Commissioner of 5
Victims Rights agree the order is to be enforced under the trial. 6
(3) A restitution order becomes enforceable under the trial from the time it is 7
referred by the Commissioner of Victims Rights to the Commissioner of Fines 8
Administration, in accordance with that agreement, for enforcement under the 9
trial. 10
(4) The maximum number of restitution orders to be enforced under the trial is 11
1,000 or such greater number as is agreed from time to time between the 12
Commissioner of Fines Administration and the Commissioner of Victims 13
Rights. 14
135 Effect of trial 15
(1) This Act extends to the enforcement of any amount payable under a restitution 16
order that is enforceable under the trial as if that amount were a fine. 17
(2) For the purposes of the trial: 18
(a) an amount payable under a restitution order that is enforceable under the 19
trial is taken to be a fine within the meaning of this Act, and 20
(b) the fine is taken to have been imposed by a court, and 21
(c) the fine is taken to be referred to the Commissioner of Fines 22
Administration for the making of a court fine enforcement order when 23
the order is referred by the Commissioner of Victims Rights to the 24
Commissioner of Fines Administration for enforcement under the trial, 25
and 26
(d) the functions of the registrar of the court under this Act, in relation to 27
the fine, may be exercised by the Commissioner of Victims Rights. 28
(3) Sections 10 and 11 of this Act do not apply to an amount payable under a 29
restitution order. 30
(4) A payment arrangement cannot be made in respect of an amount payable 31
under a restitution order after a court fine enforcement order has been made in 32
respect of the amount, unless the court fine enforcement order is withdrawn. 33
(5) Ordinary enforcement action is not to be taken in respect of an amount payable 34
under a restitution order after a court fine enforcement order has been made in 35
respect of the amount, unless the court fine enforcement order is withdrawn. 36
(6) Section 69 applies in relation to a court fine enforcement order made in 37
connection with a restitution order as if a reference to an appeal against 38
conviction or sentence were a reference to an appeal against the restitution 39
order. 40
(7) Division 6 (Imprisonment) of Part 4 does not apply in relation to a restitution 41
order. 42
(8) In this section: 43
appeal includes an application to the Administrative Decisions Tribunal for a 44
review of the decision to confirm a restitution order. 45
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Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
ordinary enforcement action means any enforcement action under section 72, 1
73 or 76 of the Victims Rights and Support Act 2013 or section 54 or 58A of 2
the Victims Support and Rehabilitation Act 1996 (as in force before its repeal). 3
payment arrangement means an arrangement under section 68 of the Victims 4
Rights and Support Act 2013 or section 50 of the Victims Support and 5
Rehabilitation Act 1996 (as in force before its repeal). 6
136 Regulations 7
(1) The regulations may make further provision for the enforcement of restitution 8
orders under the trial, including by: 9
(a) modifying the operation of this Act in relation to restitution orders 10
enforceable under the trial, and 11
(b) modifying the operation of the Victims Rights and Support Act 2013 in 12
relation to those restitution orders. 13
(2) A regulation under this Part is to be made only with the concurrence of the 14
Attorney General. 15
(3) The Minister is not to recommend the making of a regulation under this Part 16
unless the Minister certifies that the Attorney General has concurred in the 17
making of the regulation. 18
137 Repeal of Part 19
This Part is repealed at the end of the trial period. 20
[54] Schedule 1 Statutory provisions under which penalty notices issued 21
Insert in appropriate order: 22
Children (Education and Care Services) National Law (NSW), section 291 23
Children (Education and Care Services) Supplementary Provisions Act 2011, 24
section 291 of the National Law Alignment Provisions 25
Heavy Vehicle National Law (NSW), section 591 26
[55] Schedule 3 Savings, transitional and other provisions 27
Insert at the end of clause 1 (1): 28
any Act that amends this Act 29
[56] Schedule 3, Part 11 30
Insert after Part 10: 31
Part 11 Provisions consequent on enactment of Fines 32
Amendment Act 2013 33
28 Definition 34
In this Part: 35
amending Act means the Fines Amendment Act 2013. 36
29 Abolition of State Debt Recovery Office 37
(1) The State Debt Recovery Office is abolished on the substitution of section 113 38
by the amending Act. 39
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Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
(2) On the abolition of the State Debt Recovery Office, the following provisions 1
have effect: 2
(a) a reference in any Act, in any instrument made under any Act or in any 3
document of any kind to the State Debt Recovery Office or a 4
predecessor of the State Debt Recovery Office is (subject to the 5
regulations) to be read as, or as including, a reference to the 6
Commissioner, 7
(b) any act, matter or thing done or omitted to be done by, to or in respect 8
of the State Debt Recovery Office is (to the extent that the act, matter or 9
thing has any force or effect) taken to have been done or omitted by, to 10
or in respect of the Commissioner, 11
(c) all proceedings pending by or against the State Debt Recovery Office 12
are taken to be proceedings pending by or against the Commissioner, 13
(d) the assets, rights and liabilities of the State Debt Recovery Office vest 14
in the Crown, 15
(e) the assets vest in the Crown by virtue of this clause and without the need 16
for any conveyance, transfer, assignment or assurance, 17
(f) the Commissioner, on behalf of the Crown, has all the entitlements and 18
obligations of the State Debt Recovery Office in relation to the assets, 19
rights and liabilities that the State Debt Recovery Office would have 20
had but for the abolition, whether or not those entitlements and 21
obligations were actual or potential at the time the vesting takes effect. 22
(3) An arrangement of a kind referred to in section 114 (1A) (as in force before 23
the substitution of that section by the amending Act) and in effect immediately 24
before the abolition of the State Debt Recovery Office is taken, on that 25
abolition, to be an arrangement with the Commissioner. 26
(4) In this clause: 27
assets means any legal or equitable estate or interest (whether present or 28
future, whether vested or contingent and whether personal or assignable) in 29
real or personal property of any description (including money), and includes 30
securities, choses in action and documents. 31
liabilities means any liabilities, debts or obligations (whether present or future, 32
whether vested or contingent and whether personal or assignable). 33
rights means any rights, powers, privileges or immunities (whether present or 34
future, whether vested or contingent and whether personal or assignable). 35
30 Visitor driver privileges 36
The amendments made to Division 3 of Part 4 by the amending Act extend to 37
fine enforcement orders made before the commencement of those 38
amendments. 39
31 Early enforcement arrangements 40
The amendments made to sections 13, 14, 42 and 100 by the amending Act 41
extend to fines that were imposed, or amounts payable under penalty notices 42
that were issued, before the commencement of those amendments. 43
32 Appropriate officers 44
A person who, immediately before the amendment made to section 22 by the 45
amending Act, was authorised as an appropriate officer for the purposes of 46
Part 3 by the Chief Commissioner of State Revenue is taken, on the 47
commencement of that amendment, to have been authorised as an appropriate 48
Page 24
Fines Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Fines Act 1996 No 99
officer for the purposes of Part 3 by the Commissioner of Fines 1
Administration. 2
33 Interstate fine enforcement 3
(1) An interstate fine enforcement order may be made under Part 5A, as inserted 4
by the amending Act, in relation to the following interstate fines only: 5
(a) an interstate fine imposed after the commencement of that Part (a 6
post-commencement interstate fine), 7
(b) an interstate fine imposed before the commencement of that Part that is 8
related to a post-commencement interstate fine, 9
(c) an interstate fine imposed before the commencement of that Part that is 10
a serious interstate fine. 11
(2) An interstate fine imposed before the commencement of Part 5A is related to 12
a post-commencement interstate fine if: 13
(a) the fines are imposed on the same offender, and 14
(b) the fines are imposed by orders in the same jurisdiction, and 15
(c) the liability of the offender to pay the post-commencement interstate 16
fine has not been fully discharged. 17
(3) An interstate fine is a serious interstate fine if an interstate fine enforcement 18
authority in relation to the fine certifies that the fine is a serious fine in the 19
originating jurisdiction: 20
(a) because of the value of the fine, or 21
(b) because of the nature or seriousness of the conduct in relation to which 22
the fine was imposed, or 23
(c) because the fine is not the first fine imposed on the offender in relation 24
to the kind of offence, or alleged offence, for which it was imposed, or 25
(d) for any other reason. 26
(4) Division 3 of Part 5A extends to a NSW fine enforcement order made before 27
the commencement of that Division. 28
34 Trial period for enforcement of restitution orders 29
(1) The repeal of Part 10, as inserted by the amending Act, at the end of the trial 30
period provided for by that Part does not affect the operation of Part 10 or any 31
regulations under Part 10 in respect of a restitution order that is enforceable 32
under the trial. 33
(2) Part 10, and the regulations under Part 10, continue to apply in relation to such 34
a restitution order as if that Part had not been repealed. 35
Page 25
Fines Amendment Bill 2013 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Bail Act 1978 No 161 2
Sections 53I, 53J, 53K, 53L and 53N 3
Omit "State Debt Recovery Office" wherever occurring. 4
Insert instead "Commissioner of Fines Administration". 5
2.2 Bail Act 2013 No 26 6
Schedule 2 Forfeiture of security 7
Omit "State Debt Recovery Office" wherever occurring in clauses 12-15 and 17. 8
Insert instead "Commissioner of Fines Administration". 9
2.3 Children (Community Service Orders) Act 1987 No 56 10
[1] Section 28B Exchange of certain information 11
Omit section 28B (1). Insert instead: 12
(1) The Director-General may enter into an arrangement (an information sharing 13
arrangement) with the Commissioner of Fines Administration for the 14
purposes of sharing or exchanging any information that is held by the 15
Department or the Commissioner. 16
[2] Section 28B (2) and (3) (a) 17
Omit "State Debt Recovery Office" wherever occurring. 18
Insert instead "Commissioner of Fines Administration". 19
[3] Section 28B (3) (b)-(d) 20
Omit "Director of the State Debt Recovery Office" wherever occurring. 21
Insert instead "Commissioner of Fines Administration". 22
2.4 Children (Detention Centres) Act 1987 No 57 23
[1] Section 39B Exchange of certain information 24
Omit section 39B (1). Insert instead: 25
(1) The Director-General may enter into an arrangement (an information sharing 26
arrangement) with the Commissioner of Fines Administration for the 27
purposes of sharing or exchanging any information that is held by the 28
Department or the Commissioner. 29
[2] Section 39B (2) (b) and (3) (a) 30
Omit "State Debt Recovery Office" wherever occurring. 31
Insert instead "Commissioner of Fines Administration". 32
[3] Section 39B (3) (b)-(d) 33
Omit "Director of the State Debt Recovery Office" wherever occurring. 34
Insert instead "Commissioner of Fines Administration". 35
Page 26
Fines Amendment Bill 2013 [NSW]
Schedule 2 Amendment of other legislation
2.5 Crimes (Administration of Sentences) Act 1999 No 93 1
Sections 4 (1) (b) and 257 (1) (d1) 2
Omit "State Debt Recovery Office" wherever occurring. 3
Insert instead "Commissioner of Fines Administration". 4
2.6 Crimes (Administration of Sentences) Regulation 2008 5
Clause 30 Separation of different classes of inmates 6
Omit "State Debt Recovery Office" from clause 30 (3) (e) (i). 7
Insert instead "Commissioner of Fines Administration". 8
2.7 Fines Regulation 2010 9
[1] Clause 4 Enforcement costs 10
Omit "and 44 (1)" from clause 4 (1). Insert instead ", 44 (1) and 108J (1) (a)". 11
[2] Clauses 4 (1) (a) and (3) (b) and 5 12
Omit "State Debt Recovery Office" wherever occurring. Insert instead "Commissioner". 13
[3] Clause 4 (2) 14
Omit "section 14 (1A) or 42 (1AA) of the Act". 15
Insert instead "section 14 (1B) (a) or (b) or 42 (1AA) (a) or (b) of the Act". 16
[4] Clause 4 (3) (a) (v) 17
Omit "examination summons, as referred to in section 75 (7)". 18
Insert instead "order for examination, as referred to in section 75A (1)". 19
[5] Clause 6 Commissioner may waive, postpone or refund costs and fees 20
Omit "State Debt Recovery Office" and "it" from clause 6 (1). 21
Insert instead "Commissioner" and "the Commissioner" respectively. 22
2.8 Food Act 2003 No 43 23
Section 133H Privacy and personal information 24
Omit "State Debt Recovery Office" from section 133H (3). 25
Insert instead "Commissioner of Fines Administration". 26
2.9 Government Information (Public Access) Regulation 2009 27
Schedule 3 Agencies declared to be part of other agencies 28
Omit the matter relating to the State Debt Recovery Office. 29
2.10 Graffiti Control Act 2008 No 100 30
Section 9B Making of order for community clean up work 31
Omit "State Debt Recovery Office" wherever occurring. 32
Insert instead "Commissioner of Fines Administration". 33
Page 27
Fines Amendment Bill 2013 [NSW]
Schedule 2 Amendment of other legislation
2.11 Intoxicated Persons (Sobering Up Centres Trial) Act 2013 No 15 1
Section 19 Application to Local Court to waive or reduce cost recovery charge 2
Omit "State Debt Recovery Office" from section 19 (7). 3
Insert instead "Commissioner of Fines Administration". 4
2.12 Intoxicated Persons (Sobering Up Centres Trial) Regulation 2013 5
[1] Clauses 8 (2) (b) and 11 (2) (c) 6
Omit "State Debt Recovery Office" wherever occurring. 7
Insert instead "Commissioner of Fines Administration". 8
[2] Schedule 2 Modification of application of Part 4 of Fines Act 1996 No 99 to unpaid 9
cost recovery charges 10
Omit "State Debt Recovery Office" and "the Office" wherever occurring in item [8]. 11
Insert instead "Commissioner of Fines Administration" and "the Commissioner" 12
respectively. 13
2.13 Road Transport Act 2013 No 18 14
Section 224 When immediate licence suspension notice may be issued by police 15
officer 16
Omit section 224 (6) (e) (iii). Insert instead: 17
(iii) the Commissioner of Fines Administration. 18
2.14 Road Transport (Driver Licensing) Regulation 2008 19
[1] Clause 99 Interstate and international visitors 20
Insert after clause 99 (4) (g): 21
(h) the visiting driver is a fine defaulter (within the meaning of the Fines 22
Act 1996) and the Authority suspends the visitor driver privileges of the 23
fine defaulter in accordance with that Act. 24
[2] Clause 99 (6) 25
Omit "If the Authority forms an opinion that subclause (4) (f) or (g) applies". 26
Insert instead "If subclause (4) (f), (g) or (h) applies". 27
[3] Clause 99 (6A)-(6C) 28
Insert after clause 99 (6): 29
(6A) Subclause (4) (h) applies in relation to a visiting driver only while the 30
suspension of the driver's visitor driver privileges has effect. 31
(6B) A suspension of visitor driver privileges has effect until it is removed by the 32
Authority in accordance with the Fines Act 1996. 33
(6C) If the Authority removes a suspension of visitor driver privileges in 34
accordance with the Fines Act 1996, the Authority must give the visiting driver 35
notice in writing stating that the exemption from the requirement to hold a 36
driver licence in this State has been restored. 37
Page 28
Fines Amendment Bill 2013 [NSW]
Schedule 2 Amendment of other legislation
2.15 Road Transport (General) Regulation 2013 1
[1] Clause 120 Prescribed ground of exculpation in relation to average speed detection: 2
section 129 (2) of Act 3
Omit "State Debt Recovery Office" from clause 120 (1) (b). 4
Insert instead "Commissioner of Fines Administration". 5
[2] Schedule 4 Authorised officers 6
Omit "Chief Commissioner of State Revenue" wherever occurring in the definition of 7
Class 1 officer. 8
Insert instead "Commissioner of Fines Administration". 9
[3] Schedule 6 Savings and transitional provisions 10
Insert after clause 2: 11
3 Authorised officers 12
A person who, immediately before the commencement of the amendments 13
made to this Regulation by the Fines Amendment Act 2013, was authorised by 14
the Chief Commissioner of State Revenue for the purposes of the definition of 15
Class 1 officer in Schedule 4 is taken, on the commencement, to be authorised 16
for the purposes of that definition by the Commissioner of Fines 17
Administration. 18
2.16 Road Transport (Vehicle Registration) Regulation 2007 19
Clause 42 Procedures for suspension and cancellation of registration 20
Omit "State Debt Recovery Office" from clause 42 (3) (b). 21
Insert instead "Commissioner of Fines Administration". 22
2.17 Service NSW (One-stop Access to Government Services) Act 2013 23
No 39 24
[1] Section 8 CEO may enter agreements to exercise customer service functions 25
Omit "State Debt Recovery Office" wherever occurring in section 8 (2) and (5). 26
Insert instead "Commissioner of Fines Administration". 27
[2] Section 8 (2) and (5) 28
Omit "114 (1A)" wherever occurring. Insert instead "114 (2)". 29
Page 29
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