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FINES ACT 1996 - SECT 108C
Power to make interstate fine enforcement orders
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.
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