New South Wales Consolidated Acts

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FINES ACT 1996 - SECT 107

Enforcement of fine imposed by reciprocating court

107 Enforcement of fine imposed by reciprocating court

(1) Where, under a conviction of a reciprocating court, a fine is payable by a body corporate having or appearing to have property in New South Wales and the Commissioner receives a request in writing from the relevant officer of the reciprocating court for the enforcement of the fine, accompanied by--
(a) a copy, certified by the relevant officer to be correct, of the conviction, and
(b) a certificate under the hand of the relevant officer specifying the amount of the fine that remains unpaid,
the Commissioner is required--
(c) to register the certified copy of the conviction, and
(d) to note, on the certified copy, the date of registration.
(2) On registration of a conviction--
(a) the conviction is, for the purposes of this Part, taken to be a conviction of a New South Wales court, and
(b) the Commissioner is required to make a fine enforcement order under this Act for the purpose of recovering the amount specified as unpaid in the certificate relating to conviction.
(3) Where a request is made under this section in respect of a fine payable under a conviction of a reciprocating court and the Commissioner, after the request, receives a notification from the relevant officer of the reciprocating court of payment of an amount in satisfaction in whole or in part of the amount of the fine--
(a) the Commissioner must record particulars of the payment, and
(b) the payment is, for the purposes of enforcement action under this Act, taken to be payment in pursuance of the fine enforcement order made under this section.
(4) The Commissioner is required to remit to the relevant officer of the reciprocating court concerned the amount of any fine recovered in pursuance of a fine enforcement order made under this section.
(5) For the purposes of this section, a document that purports to have been signed by the relevant officer of a reciprocating court is taken to have been so signed unless the contrary is proved.



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