New South Wales Consolidated Acts

FINES ACT 1996 - SECT 108C

108C Power to make interstate fine enforcement orders

(1) The Commissioner may make an order (an
"interstate fine enforcement order" ) for the enforcement of an interstate fine in this jurisdiction.

(2) An interstate fine enforcement order may be made in relation to an interstate fine only if--

(a) the originating jurisdiction for the interstate fine is a participating jurisdiction, and

(b) a request for the order has been duly made under this Part by the interstate fine enforcement authority for the interstate fine, and

(c) Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth does not apply to the fine.

Note : Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth permits certain interstate fines imposed by courts to be registered in New South Wales and enforced in the same way as NSW court imposed fines. Accordingly, court fine enforcement orders can be made in relation to registered fines under Division 3 of Part 2 (see section 14). This Part provides for the enforcement of interstate fines to which Part 7 of the Commonwealth Act does not apply, such as administrative fines.

(3) A single order may be made for the enforcement of 2 or more interstate fines payable by a person.

(4) An interstate fine enforcement order may be made in the absence of, and without prior notice to, the person liable to pay the interstate fine.

(5) The Commissioner must not make an interstate fine enforcement order unless the originating jurisdiction for the fine, or a person or body acting on its behalf, is required (whether because of statutory duty, agreement or otherwise) to notify the Commissioner if the fine is partially or fully paid in the originating jurisdiction.