New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActFines Amendment Act 1997Fines Amendment Act 1998State Revenue Legislation Further Amendment Act 2003 (to the extent that it amends this Act)Fines Amendment Act 2004State Revenue Legislation Amendment Act 2005Fines Amendment (Payment of Victims Compensation Levies) Act 2006Fines Amendment Act 2008Fines Further Amendment Act 2008Road Transport Legislation Amendment (Miscellaneous Provisions) Act 2009 (to the extent that it amends this Act)Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 (to the extent that it amends this Act)Fines Amendment (Work and Development Orders) Act 2011Fines Amendment Act 2012any Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) During the amnesty period--(a) a warrant of commitment may not be issued under the Justices Act 1902 for non-payment of an amount of money, and(b) any such warrant that has been issued but not executed before the commencement of the amnesty period is not to be executed.
(1A) This clause does not apply to the issue or execution of any such warrant of commitment in relation to a person who, at the time the warrant is issued or executed, is a convicted inmate within the meaning of the Correctional Centres Act 1952 or a person subject to control within the meaning of the Children (Detention Centres) Act 1987 .
(2) This clause does not prevent the making of a community service order in respect of any such warrant of commitment.
(3) Nothing in this clause prevents arrangements being made by the registrar of a court or the State Debt Recovery Office in accordance with this Act for time to pay an existing fine. Any such arrangements made do not affect any suspension or cancellation of a driver licence or vehicle registration.
(4) This clause has effect despite anything to the contrary in the Justices Act 1902 or any other Act.
(5) In this clause--
"amnesty period" means the period after the commencement of this clause and before the commencement of clause 3.
Note : See section 2 of this Act for provisions relating to the commencement of this clause and clause 3.
(1) This Act extends, subject to this Schedule, to a fine imposed by a court before the commencement of this clause or an amount payable under a penalty notice issued before the commencement of this clause.
(2) For the purposes of this Schedule, any such fine or amount is called an
"existing fine" .
(1) The time for payment of an existing fine imposed by a court is not affected by section 7 and a notice of such an existing fine need not be given under section 9.
(2) However, sections 10 and 11 apply to any such existing fine. The registrar of a court may allow further time to pay such a fine under those sections even though the time for payment of the fine has been fixed by the court.
(3) A court fine enforcement order may be made by the State Debt Recovery Office for an existing fine, whether or not an application is made under this Act for the order.
(1) A penalty notice for the purposes of this Act includes a penalty notice within the meaning of Part 4B of the Justices Act 1902 immediately before its repeal by this Act.
(2) A courtesy letter issued under the Justices Act 1902 in respect of an existing fine is taken to be a penalty reminder notice issued under this Act.
(3) An enforcement order issued under section 100L of the Justices Act 1902 in respect of an existing fine and in force immediately before the commencement of this clause is taken to be a penalty notice enforcement order under this Act.
(4) For the purpose only of enabling a penalty notice enforcement order to be made under Division 4 of Part 3 in relation to an existing fine, the offence referred to in section 42 (1) (g) is taken to have been committed, or alleged to have been committed, when that Division commenced.
(5) A penalty notice served on a person in accordance with section 18B of the Traffic Act 1909 , being a penalty notice in respect of which, as at the commencement of this clause--(a) the amount payable under the notice has not been paid, and(b) a courtesy letter has been sent to the person in accordance with section 100J of the Justices Act 1902 and the person has not, as referred to in that section, declined to be dealt with under Division 2 of Part 4B of that Act, and(c) no notice has been served under section 18C of the Traffic Act 1909 ,is taken to be a penalty notice enforcement order under this Act and may, subject to Division 5 of Part 3 of this Act, be enforced accordingly.
(1) The State Debt Recovery Office may cancel a warrant of commitment issued under the Justices Act 1902 for non-payment of an amount of money (being a warrant that was not executed immediately before the commencement of this clause) and may make a fine enforcement order under this Act in respect of the fine concerned.
(2) The State Debt Recovery Office is not required to serve a copy of any such fine enforcement order on the fine defaulter or to give the fine defaulter any further time to pay the fine before enforcement action is taken under Part 4 of this Act.
(3) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(4) A person who is, on the commencement of this clause, serving a period of imprisonment under a warrant of commitment issued under the Justices Act 1902 for non-payment of an amount of money is taken to be serving that period of imprisonment under a warrant issued under this Act.
Any driver licence or vehicle registration that has been suspended or cancelled under section 18C of the Traffic Act 1909 before the repeal of that section by this Act is taken to be a driver licence or vehicle registration suspended or cancelled under Division 3 of Part 4 of this Act.
(1) A community service order made on application under section 89C of the Justices Act 1902 and in force immediately before the commencement of this clause is taken to be a community service order made under section 79 of this Act.
(2) An order for periodic detention made on application under section 89D of the Justices Act 1902 and in force immediately before the commencement of this clause is taken to be an order for periodic detention made under section 89 of this Act.
(3) If any such community service order or order for periodic detention is revoked, the State Debt Recovery Office may make a fine enforcement order under this Act in respect of the fine concerned.
(4) The State Debt Recovery Office is not required to serve a copy of any such fine enforcement order on the fine defaulter or to give the fine defaulter any further time to pay the fine before enforcement action is taken under Part 4 of this Act.
(5) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(1) The Sheriff is to transmit to the State Debt Recovery Office particulars of all forfeited recognizances and bail that are entered on a copy of an Estreat Roll on the commencement of this clause and that have not been recovered before that commencement.
(2) Part 7 of this Act applies to those forfeited recognizances and bail as if they had been transmitted to the State Debt Recovery Office under the Forfeited Recognizances and Bail Act 1954 .
(3) The State Debt Recovery Office is not required to serve a copy of any fine enforcement order made in respect any such forfeited recognizance or bail on the fine defaulter or to give the fine defaulter any further time to pay the amount due before enforcement action is taken under Part 4 of this Act.
(4) The State Debt Recovery Office may take enforcement action under Part 4 of this Act in respect of such a fine enforcement order at any time after the order is made.
(1) A conviction registered, a notification received or a writ of execution issued, under Part 8 of the Criminal Procedure Act 1986 , before the commencement of this clause is taken to be registered, received or issued under Part 5 of this Act.
(2) Until regulations are made under section 106 of this Act, courts or classes of courts declared by order in the Gazette under section 26 of the Criminal Procedure Act 1986 immediately before the repeal of that section by this Act are taken to be declared by the regulations under section 106 of this Act.
The Treasurer and the Director of the State Debt Recovery Office are taken to be parties to each service level deed in force as at 1 October 2003 and entered into by the Commissioner of Police, or otherwise by or on behalf of the Infringement Processing Bureau within NSW Police, for or with respect to the processing of penalty notices.
A reference in any instrument made before the commencement of this clause to the Manager, Infringement Processing Services of the Police Service, the Infringement Processing Bureau within the Police Service or a person employed in the Infringement Processing Bureau is taken to be a reference to--
(a) if the reference is made in relation to the issuing or processing of a penalty notice, a person employed in the Office of State Revenue in the Treasury and authorised by the Chief Commissioner of State Revenue for the purposes of Part 3 of this Act, or
(b) if the reference is made otherwise than in relation to the issuing of a penalty notice, the State Debt Recovery Office,subject to the regulations.
In this Part--
"amending Act" means the Fines Amendment Act 2004 .
Section 37A, as inserted by the amending Act, does not apply in relation to an offence that was committed or is alleged to have been committed before the commencement of that section.
Section 42, as in force before its amendment by the amending Act, continues to apply to a penalty notice enforcement order that is proposed to be made in relation to an offence that was committed or is alleged to have been committed before the commencement of the amendment as if that section had not been so amended.
(1) Except as provided by clause 15, this Act, as amended by the amending Act, applies to enforcement orders made after the commencement of this clause, whether or not the offence concerned occurred before, on or after that commencement.
(2) Except as provided by subclause (3) and clause 17, the amendments made by the amending Act to this Act do not apply to or in respect of fine enforcement orders made before the commencement of this clause.
(3) This Act, as amended by the amending Act, applies to applications made after the commencement of this clause for the withdrawal or annulment of fine enforcement orders, whether or not the enforcement orders were made before, on or after that commencement.
Section 101B, as inserted by the amending Act, extends to decisions of the State Debt Recovery Office made before the commencement of this clause to refuse an application by a fine defaulter for time to pay or to have a fine written off.
A compensation levy enforced, before the amendment of this Act by the Fines Amendment (Payment of Victims Compensation Levies) Act 2006 , by means of an action that would have been authorised by this Act if this Act as so amended had been in force when the levy was enforced, is taken to have been validly enforced.
In this Part--
"amending Act" means the Fines Further Amendment Act 2008 .
A person may apply for a review under Division 2A of Part 3 of a decision to issue a penalty notice in respect of a penalty notice issued before the commencement of that Division, if the application for review is made after that commencement and before the date for payment under any penalty reminder notice served on the person in respect of the offence to which the penalty notice relates.
A person may apply for a work and development order under Subdivision 1 of Division 8 of Part 4 in respect of an amount owing before the commencement of that Subdivision.
Sections 101 and 101B, as amended by the amending Act, extend to a fine imposed before the commencement of those amendments.
(1) This Act (and the regulations under this Act) as in force immediately before the enactment of the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 continue to apply to and in respect of--(a) a periodic detention order made under Division 6 of Part 4 and in force immediately before the substitution of section 89 by that Act,(b) a periodic detention order made under Division 6 of Part 4 after the substitution of section 89 by that Act and pursuant to subclause (2).
(2) An application by a fine defaulter under section 89 that is pending immediately before the substitution of that section by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 is to be dealt with and determined as if that Act had not been enacted.
(3) A reference in a section of this Act to any provision of the Crimes (Sentencing Procedure) Act 1999 or the Crimes (Administration of Sentences) Act 1999 is, for the purposes of the continued application of that section under subclause (1), to be read as a reference to the provision as in force immediately before the commencement of any amendment of the provision by the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 .
Section 38 (3) (as amended by the Road Transport Legislation Amendment (Offender Nomination) Act 2012 ) applies in relation to vehicle or vessel offences committed (or alleged to have been committed) on or after the day on which the amendment to that subsection commences.
In this Part--
"amending Act" means the Fines Amendment Act 2012 .
(1) The amendments made by Schedule 1 [1[#93]-[4[#93], [6[#93] and [8[#93] to the amending Act apply only in relation to an offence that was committed or is alleged to have been committed on or after the commencement of the amending Act.
(2) The amendments made by Schedule 1 [14[#93] and [16[#93]-[18[#93] to the amending Act apply in relation to an offence whether it was committed or is alleged to have been committed before, on or after the commencement of the amending Act.
A compensation levy to which section 18 applied immediately before the amendment of that section by the Victims Rights and Support Act 2013 may continue to be enforced as if that section had not been amended.
In this Part--
"amending Act" means the Fines Amendment Act 2013 .
(1) The State Debt Recovery Office is abolished on the substitution of section 113 by the amending Act.
(2) On the abolition of the State Debt Recovery Office, the following provisions have effect--(a) a reference in any Act, in any instrument made under any Act or in any document of any kind to the State Debt Recovery Office or a predecessor of the State Debt Recovery Office is (subject to the regulations) to be read as, or as including, a reference to the Commissioner,(b) any act, matter or thing done or omitted to be done by, to or in respect of the State Debt Recovery Office is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Commissioner,(c) all proceedings pending by or against the State Debt Recovery Office are taken to be proceedings pending by or against the Commissioner,(d) the assets, rights and liabilities of the State Debt Recovery Office vest in the Crown,(e) the assets vest in the Crown by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(f) the Commissioner, on behalf of the Crown, has all the entitlements and obligations of the State Debt Recovery Office in relation to the assets, rights and liabilities that the State Debt Recovery Office would have had but for the abolition, whether or not those entitlements and obligations were actual or potential at the time the vesting takes effect.
(3) An arrangement of a kind referred to in section 114 (1A) (as in force before the substitution of that section by the amending Act) and in effect immediately before the abolition of the State Debt Recovery Office is taken, on that abolition, to be an arrangement with the Commissioner.
(4) In this clause--
"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"liabilities" means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
"rights" means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
The amendments made to Division 3 of Part 4 by the amending Act extend to fine enforcement orders made before the commencement of those amendments.
The amendments made to sections 13, 14, 42 and 100 by the amending Act extend to fines that were imposed, or amounts payable under penalty notices that were issued, before the commencement of those amendments.
A person who, immediately before the amendment made to section 22 by the amending Act, was authorised as an appropriate officer for the purposes of Part 3 by the Chief Commissioner of State Revenue is taken, on the commencement of that amendment, to have been authorised as an appropriate officer for the purposes of Part 3 by the Commissioner of Fines Administration.
(1) An interstate fine enforcement order may be made under Part 5A, as inserted by the amending Act, in relation to the following interstate fines only--(a) an interstate fine imposed after the commencement of that Part (a
"post-commencement interstate fine" ),(b) an interstate fine imposed before the commencement of that Part that is related to a post-commencement interstate fine,(c) an interstate fine imposed before the commencement of that Part that is a serious interstate fine.
(2) An interstate fine imposed before the commencement of Part 5A is
"related" to a post-commencement interstate fine if--(a) the fines are imposed on the same offender, and(b) the fines are imposed by orders in the same jurisdiction, and(c) the liability of the offender to pay the post-commencement interstate fine has not been fully discharged.
(3) An interstate fine is a
"serious interstate fine" if an interstate fine enforcement authority in relation to the fine certifies that the fine is a serious fine in the originating jurisdiction--(a) because of the value of the fine, or(b) because of the nature or seriousness of the conduct in relation to which the fine was imposed, or(c) because the fine is not the first fine imposed on the offender in relation to the kind of offence, or alleged offence, for which it was imposed, or(d) for any other reason.
(4) Division 3 of Part 5A extends to a NSW fine enforcement order made before the commencement of that Division.
(1) The repeal of Part 10, as inserted by the amending Act, at the end of the trial period provided for by that Part does not affect the operation of Part 10 or any regulations under Part 10 in respect of a restitution order that is enforceable under the trial.
(2) Part 10, and the regulations under Part 10, continue to apply in relation to such a restitution order as if that Part had not been repealed.
In this Part--
"amending Act" means the Crimes (Administration of Sentences) Amendment Act
2014 .
(1) A victims support levy enforced, before the amendment of this Act by the amending Act, by means of a deduction from remuneration earned by an offender as a participant in an external work release program is taken to have been validly enforced if it would have been validly enforced had this Act as so amended (and any relevant provision to which it refers) then been in force with any necessary modification.
(2) A deduction for the purposes of enforcing a victims support levy made before the amendment of this Act by the amending Act from remuneration earned by an offender as a participant in an external work release program is taken to have been validly made at the time it was made if it would have been validly made had this Act as so amended (and any relevant provision to which it refers) then been in force with any necessary modification.
(3) Accordingly, no compensation is payable in respect of such a deducted amount or in respect of interest that may have accrued on such a deducted amount had it not been deducted.
(4) In this clause--
"external work release program" has the same meaning as in section 7A of the Crimes (Administration of Sentences) Act 1999 , but extends to a corresponding program under the former Correctional Centres Act 1952 .
(5) A reference in this clause to a victims support levy extends to include a reference to a compensation levy payable under Part 5 of the former Victims Support and Rehabilitation Act 1996 or Part 6A of the former Victims Compensation Act 1987 .
In this Part--
"amending Act" means the State Revenue Legislation Amendment Act 2015 .
Section 38, as in force
immediately before the repeal of paragraphs (b), (k) and (n) of the definition
of
"vehicle or vessel offence" in section 38 (4), continues to apply in relation
to any enforcement action relating to an offence specified in those
paragraphs.
Section 77A, as inserted by the amending Act, extends to garnishee orders and payments made under those orders before the commencement of that section.
In this Part--
"amending Act" means the Fines Amendment Act 2016 .
Sections 23AA and 23AB, as inserted by the amending Act, extend to nomination notices and penalty notices issued before the commencement of those sections.
Section 71, as amended by the amending Act, extends to fines imposed before the amendment of the section.
The Commissioner is taken to be authorised under the State Debt Recovery Act 2018 to use the name "State Debt Recovery" in the exercise of any functions under this Act, unless the Chief Commissioner under the State Debt Recovery Act 2018 revokes that authorisation.
In this Part--
"adult" means a person who is of or above the age of 18 years.
"amending Act" means the Crimes (Sentencing Procedure) Amendment (Sentencing
Options) Act 2017 .
"child" means a person who is under the age of 18 years.
(1) This clause applies to a community service order made under section 79 before the date of the substitution of that section by the amending Act (the
"substitution date" ), being an order that was--(a) made in respect of an adult, and(b) in force immediately before the substitution date.
(2) The community service order is taken to be a community correction order made under section 79 as substituted by the amending Act.
(3) Without limiting subclause (2), the community correction order is subject to a community service work condition referred to in section 79 as substituted by the amending Act.
(4) The conditions applicable under this Act as in force before the substitution date in respect of the community service order do not apply to the community correction order.
(1) This clause applies to a community service order made under section 79 before the date of the substitution of that section by the amending Act (the
"substitution date" ), being an order that was--(a) made in respect of a child, and(b) in force immediately before the substitution date.
(2) The community service order is taken to be a community service order made under section 79 as substituted by the amending Act.
(3) The community service order is subject to the conditions prescribed by or determined under the regulations for the purposes of this clause.
(4) The conditions applicable under this Act as in force before the substitution date in respect of the order do not apply to the community service order.
(1) This clause applies to an intensive correction order made under section 89 (2) before the date of the substitution of that subsection by the amending Act (the
"substitution date" ), being an order that was in force immediately before the substitution date.
(2) The intensive correction order is taken to be an intensive correction order made under section 89 (2) as substituted by the amending Act.
(3) Without limiting subclause (2), the intensive correction order is subject to a community service work condition referred to in section 89 (2) as substituted by the amending Act.
(4) The conditions applicable under this Act as in force before the substitution date in respect of the order do not apply to the intensive correction order.
In this Part,
"amending Act" means the Fines Amendment Act 2019 .
The amendments made to sections 13, 14, 42 and 100 by the amending Act extend to a fine that was imposed, or an amount payable under a penalty notice that was issued, before the commencement of the amendment to section 13.
Sections 21, 28 and 61, as amended by the amending Act, apply to a penalty notice issued to a person, or a penalty reminder notice or notice of a fine enforcement order served on a person, on or after the commencement of the amendment to section 21(2), regardless of--
(a) when the offence occurs, and
(b) when a penalty notice is issued to, or a penalty reminder notice or notice of a fine enforcement order is served on, the person in relation to the same matter.
Section 24A, as amended by the amending Act, applies to an application made after the commencement of the amendment to that section, regardless of when the penalty notice is issued.
Section 38, as amended by the amending Act, applies in relation to a vehicle or vessel offence committed or alleged to have been committed on or after the commencement of the amendment to section 38(1).
Sections 46- 52, as amended by the amending Act, apply to an application for the withdrawal or annulment of a penalty notice enforcement order made after the substitution of section 46, regardless of when the order was made.
Section 122C, as substituted by the amending Act, applies to any amount in respect of which a person becomes, on or after the substitution, entitled to a refund.