New South Wales Consolidated Acts

FINES ACT 1996 - SECT 120

120 Guidelines on exercise of functions under this Act

(1) The Minister may issue guidelines (not inconsistent with this Act or the regulations) with respect to the following--

(a) the exercise by the Commissioner of the Commissioner's functions under this Act (including writing off unpaid fines, the issue of fine enforcement orders, the issue of community correction orders or community service orders under Division 5 of Part 4 and the taking of other enforcement action under this Act),

(b) the exercise by registrars of courts of their functions under this Act (including the determination of time for payment of fines imposed by courts),

(c) the exercise by Transport for NSW, the Sheriff and other persons of their functions under this Act in connection with the taking of enforcement action,

(e) the class of persons in respect of whom the Commissioner must not make a reallocation of an overpayment under section 122C.

(2) The Minister is required to make the guidelines public. However, the Minister is not required to make public the guidelines on writing off unpaid fines.

(3) The guidelines are required to be complied with. However, a failure to comply with a guideline does not affect the validity of any proceedings, decision, order or warrant.

(4) The regulations may make provision for or with respect to the issue and publication of the guidelines.

(5) In this section,
"fine enforcement order" includes an interstate fine enforcement order (within the meaning of Part 5A) and
"fine" includes an interstate fine the subject of such an order.