New South Wales Consolidated Acts

FINES ACT 1996 - SECT 19

19 Summary of penalty notice procedure

(1) The following is a summary of the penalty notice procedure under this Part--

(a) A person is alleged to have committed a penalty notice offence for which a penalty notice may be issued under a statutory provision (see Division 2).

(a1) The officer who may issue a penalty notice determines whether to issue a penalty notice or whether an official caution would be more appropriate (see Division 1A).

(b) If it is determined that it is not appropriate to give an official caution, a penalty notice is issued under the relevant statutory provision. The notice requires payment of a specified monetary penalty, unless the person alleged to have committed the offence elects to have the matter dealt with by a court (see Division 2).

(b1) A reviewing agency may conduct a review of the decision to issue the penalty notice, including after a penalty notice enforcement order has been made. After conducting a review, the agency may withdraw the penalty notice or penalty notice enforcement order or confirm the decision. If the decision is confirmed, the agency may serve a penalty reminder notice or, if a penalty notice enforcement order has been made, take enforcement action (see Division 2A).

(c) If the penalty is not paid, a penalty reminder notice is served. The person who is alleged to have committed the offence may elect to have the matter dealt with by a court (see Division 3).

(d) If payment of the specified monetary penalty is not made and the person does not elect to have the matter dealt with by a court, a penalty notice enforcement order may be made against the person (see Division 4). If the person does not pay the amount (including enforcement costs) within 28 days, enforcement action authorised by this Act may be taken in the same way as action may be taken for the enforcement of a fine imposed on a person after a court hearing for the offence (see Part 4).

(e) A penalty notice enforcement order may, on application or the Commissioner's own initiative, be withdrawn by the Commissioner (see Division 5).

(f) A penalty notice enforcement order may, on application, be annulled by the Local Court. If the order is annulled, the alleged offence is to be heard and determined by the Local Court (see Division 5).

(2) This section does not affect the provisions of this Part that it summarises.