New South Wales Consolidated Acts

FINES ACT 1996 - SECT 3

3 Definitions

(1) In this Act--

"Act" includes a Code or other statutory provision of another jurisdiction that applies as a law of this State.

"appropriate officer" for a penalty notice--see section 22.

"approved electronic manner" --see section 4A.

"approved form" means a form approved by the Commissioner for the purposes of the provision in which the term is used.

"authorised officer" has the meaning given by section 116B.

"civil enforcement action" means action under Division 4 of Part 4.

"combined payment arrangement" has the meaning given by section 100.

"Commissioner" means the Commissioner of Fines Administration referred to in section 113.

"community service order" --see section 79.

Note : A community service order applies in relation to a child.

"court" means the Supreme Court, the Industrial Relations Commission, the Land and Environment Court, the District Court, the Local Court, the Children's Court or any other court.

"court fine enforcement order" --see section 12.

"driver licence" means a driver licence under the Road Transport Act 2013 .

"exercise" of a function includes the performance of a duty.

"fine" --see section 4.

"fine defaulter" means a person liable to pay a fine under a fine enforcement order.

"fine enforcement order" means a court fine enforcement order or a penalty notice enforcement order.

"function" includes a power, authority or duty.

"Hardship Review Board" means the Hardship Review Board constituted under the State Debt Recovery Act 2018 .

"issuing agency" , in relation to a penalty notice or official caution, means the agency in or by which the appropriate officer who issued the penalty notice or gave the caution is employed or engaged.

"law enforcement officer" means a person exercising law enforcement functions in the official capacity of any of the following--

(a) the Director of Public Prosecutions, a Deputy Director of Public Prosecutions or a Solicitor for Public Prosecutions,

(b) a Crown Prosecutor,

(c) a police officer,

(d) a public servant,

(e) an officer or employee of a statutory body representing the Crown,

(f) a member or an employee of a local council,

(g) a member of staff of Local Land Services,

(h) an officer within the meaning of the Prevention of Cruelty to Animals Act 1979 ,

(h1) an employee or officer of the National Heavy Vehicle Regulator established under section 656 of the Heavy Vehicle National Law (NSW) ,

(i) an officer or employee of a kind prescribed by the regulations.

"order for examination" means an order under section 75.

"pay" a fine or amount means to pay the fine or amount in full by its due date and, if payment by instalments is permitted under this Act, includes to pay each instalment in full by its due date.

"penalty notice" --see section 20.

"penalty notice enforcement order" --see section 40.

"penalty notice offence" means an offence under a statutory provision for which a penalty notice may be issued.

"person in receipt of a Government benefit" means--

(a) a person in receipt of a pension or other benefit paid by the Commonwealth being a pension or benefit of a kind approved by the Commissioner, or

(b) a person belonging to a class of persons prescribed by the regulations.

"registered" , in relation to a vehicle, means registered within the meaning of the Road Transport Act 2013 .

"registered operator" has the same meaning as in the Road Transport Act 2013 .

"responsible person" for a vehicle has the same meaning as in the Road Transport Act 2013 .

"reviewing agency" , in relation to a penalty notice, means the Commissioner or the issuing agency.

"road transport legislation" , for Part 4, Division 3, Subdivision 3--see section 70A.

"time to pay order" means an order under section 100.

"Transport for NSW" means Transport for NSW constituted under the Transport Administration Act 1988 .

"vehicle or vessel offence" --see section 38.

"victims support levy" means a victims support levy payable under Part 7 of the Victims Rights and Support Act 2013 .

"visitor driver privileges" , for Part 4, Division 3, Subdivision 3--see section 70A.

"visitor privileges" , for Part 4, Division 3, Subdivision 3--see section 70A.

"visitor vehicle privileges" , for Part 4, Division 3, Subdivision 3--see section 70A.

"work and development order" --see section 99A.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes in the text of this Act do not form part of this Act.