New South Wales Consolidated Acts

FINES ACT 1996 - SECT 23AA

23AA Payment of fine before vehicle or vessel offence nomination made--payment by or for nominated person

(1) This section applies if--

(a) a penalty notice is issued for a vehicle or vessel offence (the
"original notice" ), and

(b) the amount payable under the penalty notice for the offence was paid when or before a nomination notice was given in respect of the offence, and

(c) an appropriate officer for the penalty notice is satisfied that the amount was paid by, or on behalf of and with the consent of, the nominated person.

(2) An appropriate officer for the penalty notice--

(a) may issue a penalty notice to the nominated person, and

(b) must advise the nominated person that, as the amount has been paid, there is no further liability for further proceedings for the offence to which the notice relates, and

(c) must not take any further proceedings for the offence to which the notice relates.

(3) This Act, and any other law, applies as if the amount paid was paid in respect of the offence specified in the penalty notice issued to the nominated person under this section and not the offence specified in the original notice.

(4) Any action taken to record demerit points against a person to whom the original notice was issued in the NSW demerit points register kept under the Road Transport Act 2013 because of the payment of the amount is to be reversed, and any driver licence affected as a consequence of the recording of the demerit points is to be restored (subject to any other matters affecting the licence), by Transport for NSW.

(5) To avoid doubt, the nominated person may make an election under section 23A in respect of a penalty notice issued under this section.

(6) This section applies despite section 22A (1).

(7) In this section--

"nominated person" means a person nominated by a nomination notice.

"nomination notice" means--

(a) an approved nomination notice within the meaning of section 38 (whether given under this Act or another Act), or

(b) a relevant nomination document within the meaning of Division 2 of Part 7.3 of the Road Transport Act 2013 (whether given under that Act or another Act).