New South Wales Consolidated Acts

FINES ACT 1996 - SECT 100

100 Time to pay

(1) At any time before a community correction order or community service order is issued under Division 5, a fine defaulter may make an application to the Commissioner for time to pay a fine.

(2) The Commissioner may, by order, allow further time to pay the fine.

(3) The Commissioner may--

(a) extend the time for payment of the whole fine, or

(b) allow the fine to be paid by instalments of such amounts, and at such times, as the Commissioner specifies.

(3A) In particular, the Commissioner may allow a person to pay the fine in instalments, as a regular direct debit, if the Commissioner--

(a) is satisfied that adequate arrangements are in place for such a regular payment to be made, and

(b) agrees to the fine being paid in this manner.

(4) If an instalment of a fine is not paid by the due date, the remaining instalments then become due and payable unless the Commissioner otherwise orders.

(4A) 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 Commissioner's own initiative.

(4B) An order under this section may be made in relation to more than one fine and may provide for a combined payment arrangement.

(4C) Without limiting subsection (4A), the Commissioner may, on the Commissioner's initiative, amend an order allowing further time to pay by extending the arrangements under the order to payment of another fine for which a fine enforcement order has been made against the fine defaulter.

(4D) The Commissioner must give the fine defaulter written notice of the amendment as soon as practicable after amending the order.

(4E) On being given notice by the fine defaulter that the fine defaulter does not agree to an amendment made under subsection (4C), the Commissioner must amend the order to remove the extension to the other fine.

(4F) An amendment made under subsection (4E) does not affect the validity of anything done before that amendment in relation to the other fine.

(5) Further enforcement action under this Part is suspended if an application for time to pay is granted and payment of the fine is made in accordance with the order of the Commissioner.

(6) However, the Sheriff is not required to return any property seized under a property seizure order under Division 4, and a charge on land created under that Division need not be cancelled, until the fine is paid.

(7) In this section, a
"combined payment arrangement" means an arrangement for the payment of a fine or an amount payable under a penalty notice in conjunction with payment of another fine for which a fine enforcement order has been made.