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FINES ACT 1996 - SECT 14
When an order may be made
14 When an order may be made
(1) The Commissioner may make a court fine enforcement order-- (a) if the
registrar of the court that imposed the fine refers the matter to the
Commissioner for the making of a court fine enforcement order, or
(b) if the
fine is registered in New South Wales under Part 7 of the
Service and Execution of Process Act 1992 of the Commonwealth and that Act
permits the fine to be enforced in or by New South Wales as the registering
State.
Note : Part 7 of the Service and Execution of Process Act 1992 of the
Commonwealth allows interstate fines imposed by courts that are registered in
New South Wales to be enforced in New South Wales in the same way as New South
Wales court imposed fines.
(1A) A court fine enforcement order may be made
only if there has been a default in payment of the fine by the due date.
(1B)
However, a court fine enforcement order may be made, without any default in
payment, in relation to a fine imposed by a court on a person if-- (a) the
person seeks a work and development order in relation to the fine, or
(b) the
person is in receipt of a Government benefit and seeks a time to pay order in
relation to the fine, or
(c) the person seeks a time to pay order in relation
to the fine that provides for a combined payment arrangement.
(1BA) The
Commissioner must not make a court fine enforcement order referred to in
subsection (1B) unless the Commissioner decides to make the
work and development order, or time to pay order, sought by the person.
(1C)
If the Commissioner does not make a court fine enforcement order in respect of
a matter referred to the Commissioner by a registrar under section 13 (1) (b),
(c) or (d), the Commissioner is to refer the matter back to the registrar.
(2) The Commissioner is not required to inquire into whether this section
authorises the making of an order in a matter referred to the Commissioner by
the registrar of a court.
(3) A court fine enforcement order may be made in
the absence of, and without notice to, the person liable to pay the fine.
(4)
The Commissioner may, but is not required to, make a
court fine enforcement order if a fine to which it is to apply has previously
been the subject of a court fine enforcement order in respect of which any
enforcement action has been taken.
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