New South Wales Consolidated Acts

FINES ACT 1996 - SECT 108M

108M Commissioner may request enforcement of NSW fine enforcement order

(1) The Commissioner is authorised--

(a) to make a request in accordance with the law of a participating jurisdiction for the enforcement in that jurisdiction of a NSW fine enforcement order, and

(b) to request the amendment or withdrawal of enforcement action in that jurisdiction in accordance with the law of the participating jurisdiction, and

(c) to exercise the functions of a fine enforcement officer under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth.

(2) The Commissioner may make a request for the enforcement of a NSW fine enforcement order in a participating jurisdiction only if--

(a) the liability of the offender to pay the NSW fine to which the NSW fine enforcement order applies has not been fully discharged, and

(b) the Commissioner is satisfied that enforcement action under this Act has not been successful or is likely to be unsuccessful, and

(c) there is reason to believe that the offender has a relevant connection with the participating jurisdiction, and

(d) no other enforcement action is being taken in relation to the order in any other participating jurisdiction.

(3) Subsection (2) does not affect any additional requirements that apply to a request for registration of a fine under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth.

(4) The Commissioner may enter into arrangements with a participating jurisdiction for the payment to the Commissioner or the Commissioner's nominee of any amounts that are recovered in that jurisdiction in the enforcement of a NSW fine enforcement order.

(5) Any amount recovered as a consequence of the enforcement in another jurisdiction of a NSW fine enforcement order (other than for enforcement costs) is to be dealt with as if the amount was paid on the imposition of the NSW fine.

(6) For the purposes of this section, a request for registration of a NSW fine in another jurisdiction under Part 7 of the Service and Execution of Process Act 1992 of the Commonwealth is taken to be a request for enforcement of a NSW fine enforcement order.