New South Wales Consolidated Acts

FINES ACT 1996 - SECT 4A

4A Electronic service of penalty notices and other documents

(1) For the purposes of this Act, an
"approved electronic manner" of issuing a penalty notice to a person or serving a penalty reminder notice or fine enforcement order on a person means--

(a) sending the penalty notice, penalty reminder notice or fine enforcement order, or a penalty notification, to a telephone number or email address provided by the person for the purposes of the issue or service of the notice or order, or

(b) providing the person access to the penalty notice, penalty reminder notice or fine enforcement order, or a penalty notification, via the online notification system if the person consents to the use of that system, or

(c) any other electronic manner prescribed by the regulations.

(2) A person may, orally or in writing, provide an email address or telephone number or consent to the use of the online notification system for the purposes of receiving or accessing--

(a) a particular penalty notice, penalty reminder notice or fine enforcement order, or

(b) a particular kind of penalty notice, penalty reminder notice or fine enforcement order, or

(c) penalty notices, penalty reminder notices or fine enforcement orders for a particular period, or

(d) all penalty notices, penalty reminder notices or fine enforcement orders.

(3) A penalty notice may not be issued to a person, or a penalty reminder notice or fine enforcement order served on a person, in an approved electronic manner if the person is under the age of 16 years.

(4) This section does not authorise a penalty notice to be issued to a person, or a penalty reminder notice or fine enforcement order to be served on a person, orally.

(5) In this section--

"online notification system" means an online system approved by the Commissioner for the purposes of enabling a person to securely access, by means of a website, mobile telephone or mobile device or by other electronic means, a penalty notice, penalty reminder notice, fine enforcement order or penalty notification that is issued to, or made in respect of, the person.

"penalty notification" means a written notification stating the following--

(a) a penalty notice, penalty reminder notice or fine enforcement order (as the case requires) has been issued to, or made in respect of, the person,

(b) the sending of the penalty notification to the person, or providing the person access to the penalty notification, is taken to be the issue of the penalty notice to the person or service of the penalty reminder notice or fine enforcement order on the person (as the case requires),

(c) how the person can access the penalty notice, penalty reminder notice or fine enforcement order by means of a website, mobile telephone or mobile device or by other electronic means.

(6) In this section, a reference to a fine enforcement order is a reference to notice of a fine enforcement order.

Note--: Division 2 of Part 4 requires notice of a fine enforcement order to be served on the person liable to pay the fine concerned.