New South Wales Consolidated Acts

FINES ACT 1996 - SECT 58

58 Summary of enforcement procedure

(1) The following is a summary of the enforcement procedure under this Part following the making of a fine enforcement order--

(a) Notice of the fine enforcement order is served on the fine defaulter and the fine defaulter is notified that if payment is not made enforcement action will be taken (see Division 2).

(b) If the fine is not paid within the period specified, Transport for NSW takes action against the fine defaulter's driver licence, vehicle registration, visitor privileges or marine safety licence (see Division 3).

(c) Civil enforcement action in the form of a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter is taken if enforcement action under Division 3 is unavailable or unsuccessful, or if the Commissioner is satisfied that civil enforcement action is preferable (see Division 4).

(d) If civil enforcement action is not successful, an order requiring community service is served on the fine defaulter (see Division 5).

(f) The procedures for fine enforcement (other than orders requiring community service work) apply to fines payable by corporations (see Division 7).

(g) A fine defaulter may seek further time to pay and the Commissioner may write off unpaid fines or make a work and development order in respect of the fine defaulter for the purposes of satisfying all or part of the fine. Applications for review may be made to the Hardship Review Board (see Division 8).

(2) This section does not affect the provisions of this Part that it summarises.