New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 25

25 Payment of penalties and fines into the Cemeteries Agency Fund

(1) Any monetary penalty or fine imposed for an offence under this Act or the regulations or for the contravention of a civil penalty provision and recovered in proceedings instituted by the Cemeteries Agency is to be paid into the Cemeteries Agency Fund.

(2) If the amount paid into the Cemeteries Agency Fund under this section in any financial year exceeds the maximum amount for the financial year, the amount of the excess is to be paid into the Consolidated Fund.

(3) The
"maximum amount" for a financial year is $250,000 or, if the regulations make provision for the determination of the maximum amount for the financial year, the maximum amount determined in accordance with those regulations.

(4) The regulations may make provision for the determination of the maximum amount for a financial year by prescribing a maximum amount for a financial year or by providing for the manner in which the maximum amount for a financial year is to be determined.

(5) Any such regulation may be made only with the approval of the Treasurer.

(6) In this section, a reference to proceedings instituted by the Cemeteries Agency includes--

(a) a reference to proceedings instituted under the direction or on behalf, or for the benefit, of the Cemeteries Agency, and

(b) a reference to a penalty notice or civil infringement notice issued under Part 6 by or under the direction or on behalf of the Cemeteries Agency.

(7) In this section--

"financial year" means the period of 12 months commencing on 1 July in any year.

"fine" does not include any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence under this Act or the regulations.