Fines Regulation 2010 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Fines Regulation 2010.

2Commencement

This Regulation commences on 1 September 2010 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Fines Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation:

the Act means the Fines Act 1996.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Enforcement costs and fees4Enforcement costs(1)

For the purposes of sections 16 (1), 44 (1) and 108J (1) (a) of the Act, the costs payable under a fine enforcement order are as follows:

• (a)

  $65 (or, if the fine defaulter concerned was under the age of 18 years at the time of the offence or alleged offence, $25), payable to the Commissioner 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)

  $65, 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.

Note—

See section 102A of the Fines Act 1996 in relation to the liability for enforcement costs for persons under the age of 18.

(2)

No amount is payable under subclause (1) (a) if the fine enforcement order is made under section 14 (1B) (a) or (b) or 42 (1AA) (a) or (b) of the Act.

(3)

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 order for examination, as referred to in section 75A (1) of the Act, and

• (b)

  are to be paid to the Commissioner for payment into the Consolidated Fund.

5Annulment of penalty notice enforcement orders—Commissioner

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

6Commissioner may waive, postpone or refund costs and fees(1)

The Commissioner may, in such circumstances as the Commissioner considers appropriate, waive, postpone or refund all or part of any enforcement costs or application fees payable under this Part.

(2)

For the purposes of section 57 (4) of the Act, an application fee that has been postponed under this clause in relation to a penalty notice enforcement order is prescribed as a fine unless the order is annulled.

(3)

Any such fee is to be added to, and payable as part of, the fine to which the penalty notice enforcement order relates.

Part 3Miscellaneous7

(Repealed)

8Declaration of reciprocating court

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):

• (a)

  each Magistrates Court of Queensland,

• (b)

  the Magistrates Court of South Australia,

• (c)

  the Magistrates Court of Tasmania,

• (d)

  the Magistrates’ Court of Victoria,

• (e)

  the Magistrates Court of Western Australia,

• (f)

  the Magistrates Court of the Australian Capital Territory,

• (g)

  each Court of Summary Jurisdiction of the Northern Territory.

9Saving

Any act, matter or thing that, immediately before the repeal of the Fines Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.