New South Wales Consolidated Acts

FINES ACT 1996 - SECT 112J

112J Effect of appeals

(1) The Commissioner must not commence enforcement action under this Part, and is to suspend any enforcement action already taken, in respect of a restitution amount payable by a person if the Commissioner of Victims Rights notifies the Commissioner of a relevant appeal by the person.

(2) Subsection (1) has effect until the appeal proceedings have been finally determined.

(3) The Commissioner suspends enforcement action as follows--

(a) by directing Transport for NSW to cease enforcement action under Division 3 of Part 4,

Note : See section 65 (4).

(b) by cancelling any property seizure order that has already been made in relation to the restitution amount that has not been executed,

(c) by cancelling any garnishee order for payment of the restitution amount that has already been made in relation to the debts due and accruing to the person,

(d) by cancelling any attachment order that has already been made against the person for payment of the restitution amount.

(4) However, any property obtained as a result of enforcement action is not required to be returned, and a charge on land created under Part 4 need not be cancelled, unless the relevant court fine enforcement order is withdrawn.

(5) The suspension of enforcement action by the Commissioner does not prevent further enforcement action being taken after the appeal proceedings have been finally determined.

(6) On the final determination of the appeal proceedings, the Commissioner may, by order, vary a court fine enforcement order in accordance with the outcome of the appeal.

(7) Notice of the variation is to be served on the fine defaulter in the same way as notice of a court fine enforcement order.

(8) In section 69, a reference to an appeal against conviction includes, in relation to a court fine enforcement order for a restitution amount, a reference to a relevant appeal.

(9) In this section--

"relevant appeal" means--

(a) an application to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision to make the order for restitution, or

(b) an application to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision to approve the making of a recognition payment from which the order for restitution arises, or

(c) an appeal against conviction for a relevant offence in respect of which the order for restitution was imposed or an application under Part 2 of the Crimes (Appeal and Review) Act 2001 to annul conviction for the relevant offence.