New South Wales Consolidated Acts

FINES ACT 1996 - SECT 108I

108I Effect of amendment or withdrawal of interstate fine enforcement orders

(1) If an interstate fine enforcement order is amended--

(a) the order continues to have effect in its amended form, and

(b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under the order (as amended), a NSW fine enforcement order or another interstate fine enforcement order, and

(c) any amount that has already been paid under the order is taken to have been paid under the order (as amended), and

(d) any excess amount paid is repayable to the person by whom it was paid.

(2) If an interstate fine enforcement order is withdrawn completely--

(a) the order then ceases to have effect, and

(b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under a NSW fine enforcement order or another interstate fine enforcement order, and

(c) enforcement costs are not payable under the order, and

(d) any excess amount paid is repayable to the person by whom it was paid.

(3) If an interstate fine enforcement order is partially withdrawn to the extent that it applies to a particular fine--

(a) the order continues to have effect in respect of the remaining interstate fines to which it applies, and

(b) any excess amount paid is repayable to the person by whom it was paid.

(4) The withdrawal of an interstate fine enforcement order does not prevent the making of a further order in respect of the interstate fine.

(5) In this section, an
"excess amount paid" is any amount paid in excess of the total of the following--

(a) the enforcement costs (if any) payable under the interstate fine enforcement order,

(b) the amounts payable under any NSW fine enforcement orders in force in relation to the offender,

(c) if the interstate fine enforcement order is amended or partially withdrawn, the amount payable under the order as in force after its amendment or partial withdrawal.