Fines Regulation 1997 (NSW)

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Part 1Preliminary1Name of Regulation

This Regulation is the Fines Regulation 1997.

2Commencement

This Regulation commences on 27 January 1998.

3Definitions(1)

In this Regulation:

the Act means the Fines Act 1996.

(2)

In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

Part 2Fines imposed by courts5, 6

(Repealed)

7Enforcement costs under court fine enforcement orders: section 16(1)

The following enforcement costs are payable under a court fine enforcement order:

  • (a)

    $50, payable to the State Debt Recovery Office on the making of the order,

  • (b)

    $40, payable to the Roads and Traffic Authority if any enforcement action is taken by that Authority under Division 3 of Part 4 of the Act before payment is made under the order,

  • (c)

    $50, payable into the Consolidated Fund if any enforcement action is taken by the Sheriff or other official under Division 4 of Part 4 of the Act before payment is made under the order.

(2)

The enforcement costs referred to in subclause (1) (c):

  • (a)

    apply to each of the following kinds of enforcement action:

    • (i)

      the making of a property seizure order against a fine defaulter, as referred to in section 72 (1) of the Act,

    • (ii)

      the making of a garnishee order against a fine defaulter, as referred to in section 73 (1) of the Act,

    • (iii)

      an application to register a fine enforcement order as a charge on land held by a fine defaulter, as referred to in section 74 (1) of the Act,

    • (iv)

      the issue of an examination summons against a fine defaulter, as referred to in section 75 (1) of the Act,

    • (v)

      the issue of a warrant for the apprehension of a fine defaulter who fails to attend in accordance with an examination summons, as referred to in section 75 (7) of the Act, and

  • (b)

    are to be paid to the State Debt Recovery Office for payment into the Consolidated Fund.

8

(Repealed)

Part 3Penalty notices9–11

(Repealed)

11AAppropriate officers: section 22

A person who is employed in the Office of State Revenue in the Treasury and who is authorised by the Chief Commissioner of State Revenue for the purposes of this Regulation is specified, for the purposes of section 22 (2) (c) of the Act, to be an appropriate officer for all penalty notices.

12

(Repealed)

13Enforcement costs under penalty notice enforcement orders: section 44(1)

The following enforcement costs are payable under a penalty notice enforcement order:

  • (a)

    $50, payable to the State Debt Recovery Office on the making of the order,

  • (b)

    $40, payable to the Roads and Traffic Authority if any enforcement action is taken by that Authority under Division 3 of Part 4 of the Act before payment is made under the order,

  • (c)

    $50, payable into the Consolidated Fund if any enforcement action is taken by the Sheriff or other official under Division 4 of Part 4 of the Act before payment is made under the order.

(2)

The enforcement costs referred to in subclause (1) (c):

  • (a)

    apply to each of the following kinds of enforcement action:

    • (i)

      the making of a property seizure order against a fine defaulter, as referred to in section 72 (1) of the Act,

    • (ii)

      the making of a garnishee order against a fine defaulter, as referred to in section 73 (1) of the Act,

    • (iii)

      an application to register a fine enforcement order as a charge on land held by a fine defaulter, as referred to in section 74 (1) of the Act,

    • (iv)

      the issue of an examination summons against a fine defaulter, as referred to in section 75 (1) of the Act,

    • (v)

      the issue of a warrant for the apprehension of a fine defaulter who fails to attend in accordance with an examination summons, as referred to in section 75 (7) of the Act, and

  • (b)

    are to be paid to the State Debt Recovery Office for payment into the Consolidated Fund.

14

(Repealed)

15Applications for annulment of penalty notice enforcement orders: section 48(1)

An application fee of $50 is payable in relation to an application to the State Debt Recovery Office for annulment of a penalty notice enforcement order.

(2)

The State Debt Recovery Office may waive, postpone or remit the application fee payable under this clause in such circumstances as it considers appropriate.

16Applications to Local Court for redetermination of applications for annulment of penalty notice enforcement orders: section 50(1)

(Repealed)

(2)

An application fee of $50 is payable in relation to an application under section 50 of the Act to have an application for annulment determined by a Local Court.

(3)

The registrar of the Local Court with which any such application is lodged may waive, postpone or remit the application fee payable under this clause in such circumstances as the registrar considers appropriate.

Part 4Fine enforcement action17

(Repealed)

17ACommunity service orders: section 79(1)

A community service order under section 79 of the Act must be reduced to writing using Form 1.

(2)

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

(3)–(6)

(Repealed)

18–20

(Repealed)

20AWarrants of commitment: section 87

For the purposes of section 87 (2A) of the Act, a warrant of commitment to imprisonment is to be in:

  • (a)

    Form 3, where the imprisonment is to be served by way of full-time detention, or

  • (b)

    Form 4, where the imprisonment is to be served by way of periodic detention.

20BPeriodic detention orders: section 89(1)

A periodic detention order under section 89 of the Act must be reduced to writing using Form 5.

(2)

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

(3)–(6)

(Repealed)

21

(Repealed)

Part 5Reciprocal enforcement of fines against bodies corporate22Declaration of reciprocating court: section 106

For the purposes of section 106 of the Act, the following courts (or classes of courts) are declared to be reciprocating courts (or classes of reciprocating courts):

  • •

    Magistrates Courts of Queensland

  • •

    Courts of Summary Jurisdiction of South Australia

  • •

    Courts of Summary Jurisdiction of Tasmania

  • •

    Magistrates’ Courts of Victoria

  • •

    Courts of Petty Sessions of Western Australia

  • •

    Magistrates Courts of the Australian Capital Territory

  • •

    Courts of Summary Jurisdiction of the Northern Territory

Part 6Civil enforcement—costs and other payments23

(Repealed)

Part 7Savings and transitional provisions24Forfeited recognizances and bail(1)

Pending the commencement of clause 9 of Schedule 3 to the Act, the Forfeited Recognizances and Bail Act 1954 continues to apply to any recognizance or bail money forfeited under that or any other Act as if the Fines Act 1996 had not been enacted.

(2)

This clause ceases to have effect on the commencement of clause 9 of Schedule 3 to the Act.

25Continuation of former fine enforcement legislation in certain circumstances(1)

In this clause, former fine enforcement legislation means the provisions of the following Acts, as those Acts were in force immediately before 27 January 1998:

  • (a)

    the Children (Community Service Orders) Act 1987,

  • (b)

    the Children (Criminal Proceedings) Act 1987,

  • (c)

    the Community Service Orders Act 1979,

  • (d)

    the Crimes Act 1900,

  • (e)

    the Criminal Procedure Act 1986,

  • (f)

    the Forfeited Recognizances and Bail Act 1954,

  • (g)

    the Justices Act 1902 (except section 87 (4)),

  • (h)

    the Periodic Detention of Prisoners Act 1981,

  • (i)

    the Traffic Act 1909.

(2)

The former fine enforcement legislation continues to apply to and in respect of:

  • (a)

    (Repealed)

  • (b)

    any fine imposed with respect to an offence arising under the laws of New South Wales, being an offence the subject of an order in force under subclause (3).

(3)

An order declaring that a fine imposed with respect to an offence arising under the laws of New South Wales is to be enforced in accordance with the former fine enforcement legislation (an interstate resident order) may be made as follows:

  • (a)

    in the case of a fine imposed by a court, such an order may be made by the registrar of the court at any time before the matter is referred to the State Debt Recovery Office under section 13 of the Act, or

  • (b)

    in the case of any fine (whether or not imposed by a court), such an order may be made by the State Debt Recovery Office at any time after the relevant fine enforcement order is made.

(4)

An interstate resident order may be made only if the registrar or State Debt Recovery Office, as the case may be, is of the opinion that the person on whom the relevant fine has been imposed does not reside, or no longer resides, in New South Wales.

(5)

As soon as practicable after it makes an interstate resident order, the State Debt Recovery Office must cause the order, together with a copy of the relevant fine enforcement order, to be lodged with the registrar of a Local Court.

(6)

A fine enforcement order that is lodged with the registrar of a Local Court in accordance with subclause (5) (being a fine enforcement order that, in accordance with section 116 (2) of the Act, has been made by the Director of the State Debt Recovery Office or some other member of staff of the Office who is a justice of the peace):

  • (a)

    in the case of a court fine enforcement order, is taken to be a warrant of commitment made in that Local Court under section 87 of the Justices Act 1902 (as in force immediately before 27 January 1998), or

  • (b)

    in the case of a penalty notice enforcement order, is taken to be an enforcement order made in that Local Court under section 100L of the Justices Act 1902 (as in force immediately before 27 January 1998).

(7)

The registrar of the Local Court in which a fine enforcement order has been lodged in accordance with subclause (5) may at any time revoke the associated interstate resident order if of the opinion that the person on whom the relevant fine has been imposed is residing in New South Wales.

(8)

On the revocation of an interstate resident order, the warrant of commitment or enforcement order that the fine enforcement order is taken to have become by operation of subclause (6) is taken instead to be the court fine enforcement order or penalty notice enforcement order that it was immediately before the intestate resident order was made, and Part 5 of the Act applies accordingly.

(9)

This clause ceases to have effect on 1 January 2001.

26Construction of reference in section 11AB of the Traffic Act 1909

The reference in section 11AB (3) (b) of the Traffic Act 1909 to an order made under section 100L of the Justices Act 1902 is to be construed as a reference to a penalty notice enforcement order made under the Fines Act 1996, and extends to a penalty notice enforcement order referred to in clause 5 (5) of Schedule 3 to the Fines Act 1996.

27

(Repealed)

Schedule 1Forms

(Clause 3)

Form 1

(Clause 17A)

COMMUNITY SERVICE ORDER(Fines Act 1996, section 79)1Sentence details

Case No:

Conviction Date:

The Court at:

Offender:

Date of Birth:

Offence:

Particulars of community service imposed by State Debt Recovery Office

Number of hours’ community service work:

(to include hours’ participation in a personal development, educational or other program)*.

*The above sentence is to be served cumulatively on the sentence of hours’ community service work:

that commenced on:

2Standard conditions

Pursuant to section 79 (6) of the Fines Act 1996, this order is subject to the conditions prescribed by the regulations under the Crimes (Administration of Sentences) Act 1999.

Note—

a copy of the standard conditions must be attached to this order.

3Additional conditions

The order is also subject to the following conditions:

Date of order:

(Justice of the Peace)

* delete if not applicable

Form 2

(Clause 17A)

NOTICE OF COMMUNITY SERVICE ORDER(Fines Act 1996, section 80)

TO

of

WHEREAS you were, on convicted in the Court at of the following offence:

,

AND WHEREAS a fine of $ was imposed on you in respect of that offence,

AND WHEREAS an amount of $ remains unpaid in respect of that fine,

AND WHEREAS the State Debt Recovery Office has, under section 79 of the Fines Act 1996, made a community service order requiring you to work off the amount of the fine that remains unpaid by performing hours’ community service work (to include hours’ participation in a personal development, educational or other program)*,

YOU ARE HEREBY GIVEN NOTICE that you have been ordered to report in person to at in the State of New South Wales within the period of days from the date of this notice for the purpose of enabling the administration of the order to be commenced.

Justice of the Peace

Date:

* delete if not applicable.

Form 3

(Clause 20A)

WARRANT OF COMMITMENT TO CORRECTIONAL CENTRE(Fines Act 1996, section 87)

TO THE GOVERNOR of the correctional centre at in the State of New South Wales

WHEREAS of (the offender) has been found guilty by the Court of the following offence:

,

AND WHEREAS the State Debt Recovery Office has revoked a community service order under Division 5 of Part 4 of the Fines Act 1996 in relation to that offence,

AND WHEREAS the State Debt Recovery Office has further determined that the offender be imprisoned for that offence for a period of , to commence on , in accordance with Division 6 of Part 4 of the Fines Act 1996,

YOU ARE HEREBY DIRECTED to receive the offender into your custody there and (subject to the Crimes (Administration of Sentences) Act 1999 and to any order under that Act) to detain the offender there by way of full-time detention for the term of the offender’s sentence.

Justice of the Peace

Date:

TO ALL POLICE OFFICERS in the State of New South Wales

By virtue of section 62 of the Crimes (Sentencing Procedure) Act 1999, this warrant is sufficient authority for you to convey the offender named in this warrant to the correctional centre specified in this warrant and to deliver the offender into the custody of the governor of that correctional centre.

Justice of the Peace

Date:

Form 4

(Clause 20A)

WARRANT OF COMMITMENT TO PERIODIC DETENTION CENTRE(Fines Act 1996, section 87)

TO the governor responsible for the periodic detention centre at in the State of New South Wales,

WHEREAS of (the offender) has been found guilty by the Court of the following offence:

,

AND WHEREAS the State Debt Recovery Office has revoked a community service order under Division 5 of Part 4 of the Fines Act 1996 in relation to that offence,

AND WHEREAS the State Debt Recovery Office has further determined that the offender be imprisoned for that offence for a period of , to commence on , in accordance with Division 6 of Part 4 of the Fines Act 1996,

AND WHEREAS the Commissioner of Corrective Services has, under section 89 of the Fines Act 1996, ordered that the term of imprisonment be served by way of periodic detention,

YOU ARE HEREBY DIRECTED to receive the offender into your custody there and (subject to the Crimes (Administration of Sentences) Act 1999 and to any order under that Act) to imprison the offender there by way of periodic detention for the term of the offender’s sentence.

Justice of the Peace

Date:

Form 5

(Clause 20B)

PERIODIC DETENTION ORDER(Fines Act 1996, section 89)1Sentence details

Case No:

Conviction Date:

The Court at:

Offender:

Date of Birth:

Offence:

Particulars of imprisonment imposed by State Debt Recovery Office

Term of:

to commence on:

It is hereby ordered that the above term of imprisonment is to be served by way of periodic detention in accordance with the Crimes (Administration of Sentences) Act 1999.

Date of order:

(Commissioner of Corrective Services)

Date:

* delete if not applicable

Form 6

(Clause 20B)

NOTICE OF PERIODIC DETENTION ORDER(Fines Act 1996, section 89A)

TO

of

WHEREAS you were, on , convicted in the Court at of the following offence:

AND WHEREAS a fine of $ was imposed on you in respect of that offence,

AND WHEREAS an amount of $ remains unpaid in respect of that fine,

AND WHEREAS the State Debt Recovery Office has, under section 79 of the Fines Act 1996, made a community service order requiring you to work off the amount of the fine that remains unpaid by performing hours’ community service work,

AND WHEREAS the State Debt Recovery Office has revoked the community service order under Division 5 of Part 4 of the Fines Act 1996 in relation to that offence,

AND WHEREAS the State Debt Recovery Office has further determined that you be imprisoned for that offence for a period of , to commence on , in accordance with Division 6 of Part 4 of the Fines Act 1996,

AND WHEREAS the Commissioner of Corrective Services has, under section 89 of the Fines Act 1996, ordered that the term of imprisonment be served by way of periodic detention,

YOU ARE HEREBY GIVEN NOTICE that you have been ordered to report in person to the officer in charge of the periodic detention centre at in the State of New South Wales at on and (subject to the Crimes (Administration of Sentences) Act 1999 and to any order under that Act) to the same place at on each subsequent week during the term of your sentence.

Commissioner of Corrective Services

Date:

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