Fines Amendment Regulation 2004 (NSW)

2004 No 571

New South Wales

Fines Amendment Regulation 2004

under the

Fines Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fines Act 1996.

MICHAEL EGAN, M.L.C.,

Treasurer

Explanatory note
The object of this Regulation is to amend the Fines Regulation 1997 to omit provisions now included in the Fines Act 1996, and to consequentially amend other provisions, as a result of the commencement of amendments made to the Fines Act 1996 by the Fines Amendment Act 2004.

This Regulation is made under the Fines Act 1996, including sections 50, 80, 87, 89A and 128 (the general regulation-making power).

Published in Gazette No 135 of 20 August 2004, page 6604	Page 1
2004 No 571
Clause 1	Fines Amendment Regulation 2004

Fines Amendment Regulation 2004

under the

Fines Act 1996

1      Name of Regulation

This Regulation is the Fines Amendment Regulation 2004.

2 Commencement

This Regulation commences on 1 September 2004.

3 Amendment of Fines Regulation 1997

The Fines Regulation 1997 is amended as set out in Schedule 1.

2004 No 571

Fines Amendment Regulation 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clauses 8, 11, 12, 14, 17, 18–20 and 21

Omit the clauses.

[2]      Clause 16 Applications to Local Court for redetermination of applications for annulment of penalty notice enforcement orders: section 50

Omit clause 16 (1).

[3]      Clause 16 (2)

Omit “the renewed application”.

Insert instead “an application under section 50 of the Act to have an application for annulment determined by a Local Court”.

[4]      Clause 16 (3)

Omit “to which a renewed application”.
Insert instead “with which any such application”.

[5]      Clause 17A Community service orders: section 79

Omit clause 17A (2)–(6). Insert instead:

(2) For the purposes of section 80 (2) of the Act, the notice of a
community service order is to be in Form 2.

[6]      Clause 20A Warrants of commitment: section 87

Omit “87 (1)”. Insert instead “87 (2A)”.

[7]      Clause 20B Periodic detention orders: section 89

Omit clause 20B (2)–(6). Insert instead:

(2) For the purposes of section 89A (2) of the Act, the notice of a
periodic detention order is to be in Form 6.

2004 No 571

Fines Amendment Regulation 2004

Schedule 1 Amendments

[8]      Schedule 1 Forms

Omit “(Fines Act 1996, section 79, and Crimes (Sentencing Procedure)
Act 1999, section 93)” from Form 2.

Insert instead “(Fines Act 1996, section 80)”.

[9]      Schedule 1, Form 6

Omit “(Fines Act 1996, section 89, Crimes (Sentencing Procedure)
Act 1999, section 72)”.

Insert instead “(Fines Act 1996, section 89A)”.

BY AUTHORITY