Fines Regulation 2015 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Fines Regulation 2015.

2Commencement

This Regulation commences on 1 September 2015 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Fines Regulation 2010 which is repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation—

the Act means the Fines Act 1996.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

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

Part 2Enforcement costs4Enforcement 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 Roads and Maritime Services if any enforcement action is taken by Roads and Maritime Services 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, Commissioner 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 Act in relation to the liability for enforcement costs for persons under the age of 18 years.

(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 order for examination 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.

5

(Repealed)

6Waiver, postponement or refund of costs(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)

In the case of a court fine enforcement order made in accordance with section 14(1B) or a penalty notice enforcement order made in accordance with section 42(1AA) of the Act, the Commissioner must—

• (a)

  postpone the costs payable under clause 4 (1) (a), and

• (b)

  waive those costs if such orders are complied with.

(3), (4)

(Repealed)

Part 3Miscellaneous7Declaration 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.

7AVehicle offences

For the purposes of paragraph (q) of the definition of vehicle or vessel offence in section 38 (4) of the Act, the offences referred to in clauses 7 and 32 of the Protection of the Environment Operations (Noise Control) Regulation 2017 are prescribed.

8Saving

Any act, matter or thing that, immediately before the repeal of the Fines Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.