Fines Regulation 2020 (2020-453) (NSW)

Fines Regulation 2020

Part 1 Preliminary

1 Name of Regulation This Regulation is the Fines Regulation 2020.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Fines Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definition (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 2 Enforcement costs

4 Enforcement costs (1) For the purposes of sections 16(1), 44(1) and 108J(1)(a) of the Act, the enforcement costs payable under a fine enforcement order or an interstate fine enforcement order, within the meaning of section 108C(1) of the Act, 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 Transport for NSW if any enforcement action is taken by Transport for NSW 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 civil 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 civil 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 in relation to any land owned 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.