New South Wales Consolidated Acts

FINES ACT 1996 - SECT 45

45 Effect of making, or of payment under, penalty notice enforcement order

(1) If a penalty notice enforcement order is made in relation to an offence alleged to have been committed by a person--

(a) the person is not as a result taken to have been convicted of the offence, and

(b) the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

(2) If the full amount payable under a penalty notice enforcement order is paid or recovered, no person is liable for any further proceedings for the alleged offence concerned. This subsection ceases to apply if the order is duly withdrawn under this Part and the amount paid under the order is repaid.

(3) The payment of any amount payable under a penalty notice enforcement order is not an admission of liability for the purpose of and does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

(4) Nothing in this section affects the operation of any provisions of Division 5 relating to the withdrawal or annulment of a penalty notice enforcement order or any provisions of Part 4 relating to the enforcement of a penalty notice enforcement order.