New South Wales Consolidated Acts

FINES ACT 1996 - SECT 47

47 Grounds for withdrawal of penalty notice enforcement order

(1) The Commissioner may, on application under section 46 or the Commissioner's own initiative, withdraw a penalty notice enforcement order on any of the following grounds--

(a) a fine to which the penalty notice enforcement order applies has previously been the subject of a penalty notice enforcement order in respect of which any enforcement action has been taken,

(b) the person named in the penalty notice enforcement order is not the same person as the person in respect of whom a fine to which the order applies was imposed,

(c) the order relates to the owner of a vehicle or vessel, being a vehicle or vessel involved in an offence the subject of the fine at a time when the owner was not the owner of the vehicle or vessel concerned,

(d) the penalty notice for the fine to which it applies is withdrawn by the Commissioner under an arrangement under section 114,

(e) the person was not aware that a penalty notice had been issued until notice of the order was served, but only in the case of an application for withdrawal that is made within a reasonable time after that service,

(f) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only in the case of an application for withdrawal that is made within a reasonable time after the person ceased being so hindered,

(g) the penalty reminder notice in relation to a particular offence was, or both the penalty notice and the penalty reminder notice were, returned as being undelivered to its sender after being sent to the person at the person's recently reported postal address (within the meaning of section 126A) and notice of the order was served on the person at a different postal address,

(h) the Commissioner is satisfied that a question or doubt arises as to the person's liability for the penalty or other amount concerned,

(i) the Commissioner is satisfied that there is other just cause why the application should be granted, having regard to the circumstances of the case.

Note 1 : The Commissioner may, on the Commissioner's own initiative, withdraw a penalty notice enforcement order under this section if an approved nomination notice in respect of the penalty notice to which the penalty notice enforcement order applies is provided to an appropriate officer under section 38 out of time.

Note 2 : Section 24G(2) provides that a penalty notice enforcement order is taken to be withdrawn if the Commissioner or the issuing agency conducting an internal review of the decision to issue a penalty notice under Division 2A decides to withdraw the penalty notice.

(2) If the Commissioner withdraws a penalty notice enforcement order and all of the following apply, the Commissioner must refer the matter to the Local Court to hear and determine the matter under section 51--

(a) the withdrawal is made following an application under section 46,

(b) the order is withdrawn on any of the grounds referred to in subsection (1)(e)-(g),

(c) the penalty notice to which the order applies is not withdrawn,

(d) the person concerned disputes the person's liability to pay the amount payable under the penalty notice to which the order relates.

(3) The Commissioner must withdraw a penalty notice enforcement order if the application for withdrawal is made by an appropriate officer for the penalty notice to which the order applies.

(4) To avoid doubt, the Commissioner may withdraw a penalty notice enforcement order under this section even if section 126A(1) permitted the service of a penalty reminder notice in relation to a particular offence referred to in the fine enforcement order or section 126A(2) permitted the making of the penalty notice enforcement order (or both).