{"id":"fines-and-penalties-recovery-act-2001","name":"Fines and Penalties (Recovery) Act 2001","slug":"fines-and-penalties-recovery-act-2001","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30054,"registerId":"nt-fines-and-penalties-recovery-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"99","sectionType":"section","heading":"Person executing order or warrant may demand name and","content":"99 Person executing order or warrant may demand name and\naddress .......................................................................................... 57\n99AA Protection from liability .................................................................. 58\nDivision 12 Validation of certain enforcement orders and\nenforcement action\n99A Enforcement orders ....................................................................... 58\n99B Enforcement action taken under Division 7 ................................... 59\nPart 6 Reciprocal enforcement of fines against\nbodies corporate\n100 Definitions ...................................................................................... 59\n101 Declaration of reciprocating court .................................................. 60\n102 Enforcement of fine imposed by reciprocating court ...................... 60\n103 Enforcement of Northern Territory fine by reciprocating court ....... 61\n104 Fines Recovery Unit to notify reciprocating court of payment\nreceived ......................................................................................... 61\n105 Application ..................................................................................... 62\n106 Payment of ancillary money orders ............................................... 62\n107 Enforcement as civil judgments ..................................................... 63\nPart 8 Enforcement of forfeited bail\n108 Definitions ...................................................................................... 64\n109 Enforcement as fines ..................................................................... 64\n109A Misleading information or document .............................................. 64\n110 Parent or guardian of youth to be notified ...................................... 65\n111 Allocation of surplus money ........................................................... 66\n112 Fines Recovery Unit to deal with surplus money ........................... 66\n113 Allocation of monies ...................................................................... 67\n114 Guidelines on exercise of functions under this Act ........................ 68\n115 Fines Recovery Unit may pay out money collected on behalf\nof other person or body ................................................................. 69\n116 Payment of share of fine to prosecutor .......................................... 70\n117 Remission of fines or penalties ...................................................... 70\n118 Entitlement under other Act to be released from custody .............. 70\n119 Regulations.................................................................................... 71\n\nFines and Penalties (Recovery) Act 2001 vi\nDivision 1 Savings and transitional matters for Fines and\nPenalties (Recovery) Act 2001\n120 Infringement notices issued before this Act commenced ............... 71\n121 Fines etc. imposed by court before this Act commenced .............. 72\n122 Reciprocal enforcement of fines against bodies corporate ............ 73\nDivision 2 Transitional matters for Fines and Penalties\n(Recovery) and Other Legislation Amendment\nAct 2011\n123 Orders for restitution or compensation .......................................... 74\nDivision 3 Transitional matters for Fines and Penalties\n(Recovery) Amendment Act 2015\n124 Definitions ...................................................................................... 75\n125 Offence provisions – before and after commencement ................. 75\n126 Amendment of Part 5 ..................................................................... 75\nDivision 4 Transitional matters for Justice and Other\nLegislation Amendment Act 2024\n127 Application of sections 77, 77A and 77B ....................................... 75\n\n____________________\nAs in force at 10 December 2024\n____________________\nFINES AND PENALTIES (RECOVERY) ACT 2001\nAn Act to establish a fines recovery unit and to provide for the\nenforcement of fines and penalties, and for related purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Fines and Penalties (Recovery)\nAct 2001.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Application of Act","content":"3 Application of Act\n(1) This Act applies to:\n(a) monies payable to the Territory and arising out of:\n(i) an infringement notice issued under a law of the\nTerritory that is prescribed in the Regulations; or\n(ii) court proceedings (including forfeited bail); and\n(b) monies payable to a body other than the Territory arising out\nof an infringement notice issued under a law of the Territory\n(or an instrument pursuant to a law of the Territory) that is\nprescribed in the Regulations; and\n(c) monies payable to a State or another Territory under an order\nof a court of the State or other Territory in proceedings for an\noffence; and\n(d) monies payable to a person under an order of a court\n(whether in the Territory or in a State or another Territory) in\nproceedings for an offence.\n\nFines and Penalties (Recovery) Act 2001 2\n(2) A court may order that this Act does not apply in circumstances\nprovided for in the Sentencing Act 1995, Local Court (Criminal\nProcedure) Act 1928 or Youth Justice Act 2005 (as appropriate).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\nappropriate officer has the meaning in section 10.\napproved means approved by the Director.\nauthorised person means one of the following:\n(a) a bailiff;\n(b) the Director;\n(c) a Deputy Director appointed under section 29(2).\nbailiff includes a member of the Police Force.\ncommunity youth justice officer, see section 5(1) of the Youth\nJustice Act 2005.\ncomplaint includes an information.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ncourtesy letter, see section 15(1).\nDirector means the person appointed under section 29 to be the\nDirector of the Fines Recovery Unit and includes a person acting as\nthe Director.\nenforcement action, in relation to an enforcement order, means\naction under this Act to give effect to the enforcement order.\nenforcement agency, in relation to an infringement notice, means:\n(a) a person or body responsible for the administration of the Act;\nor\n(b) a competent authority for the purposes of the law,\n\nFines and Penalties (Recovery) Act 2001 3\nunder which the infringement notice was issued.\nenforcement costs means enforcement costs within the meaning\nof section 41 or 53.\nenforcement order means a fine enforcement order or penalty\nfine has the meaning in section 6.\nfine defaulter means a person liable to pay an amount under an\nfine enforcement order has the meaning in section 49.\nFines Recovery Unit means the Fines Recovery Unit established\nby section 27.\nfunction includes a power, an authority and a duty.\nimmobilisation officer means one of the following:\n(a) an authorised person;\n(b) a person authorised by the Director under section 66B.\nimmobilisation period, for Part 5, Division 7A, see\nsection 66C(1)(a).\ninfringement notice has the meaning in section 9.\nlaw enforcement officer means a person exercising law\nenforcement functions in an official capacity and includes the\n(a) the Director of Public Prosecutions or a member of the Office\nof the Director of Public Prosecutions;\n(b) a Crown prosecutor;\n(c) a member of the Police Force;\n(d) an employee within the meaning of the Public Sector\nEmployment and Management Act 1993;\n(e) an officer or employee of a statutory corporation;\n(f) an officer or employee of a local government council;\n(g) an authorised officer under the Animal Protection Act 2018;\n\nFines and Penalties (Recovery) Act 2001 4\n(h) an officer or employee of a kind prescribed by the\nRegulations.\nlicence to drive means a licence to drive granted under the Motor\nVehicles Act 1949.\norder for restitution or compensation, see section 6(1)(da).\npenalty has the meaning in section 6.\npenalty enforcement order has the meaning in section 36.\npost, in relation to the service of a notice under this Act, includes to\na Post Office box or other mailing address and the use of a private\nmail carrier.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\nregistered, in relation to a vehicle, means registered under the\nMotor Vehicles Act 1949.\nyouth has the same meaning as in the Youth Justice Act 2005.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of fine and penalty","content":"6 Meaning of fine and penalty\n(1) For this Act, a fine is a monetary penalty imposed by a court for an\noffence and includes any of the following:\n(a) court fees or charges payable by a person under an order\nmade by a court in proceedings for an offence;\n(b) a levy payable under Part 6 of the Victims of Crime Assistance\nAct 2006;\n(c) witnesses' expenses payable by a person under an order\nmade by a court in proceedings for an offence that were\nbrought by a law enforcement officer;\n(d) costs (including expenses and disbursements) payable by a\nperson under an order made by a court in proceedings for an\noffence that were brought by a law enforcement officer;\n(da) an order for restitution by monetary forfeiture, or monetary\ncompensation, made by a court in proceedings for an offence\n(an order for restitution or compensation);\n\nFines and Penalties (Recovery) Act 2001 5\n(e) an amount of a kind prescribed by the Regulations.\n(2) For this Act, a penalty is an amount specified in an infringement\nnotice as being payable in respect of an offence alleged to have\nbeen committed or taken to have been committed by the person to\nwhom the infringement notice is directed, and includes any of the\n(a) a levy payable under Part 6 of the Victims of Crime Assistance\nAct 2006;\n(b) an amount of a kind prescribed by the Regulations.\n(3) A fine or penalty does not include an amount of a kind excluded by\nthe Regulations.\n(4) In subsection (1):\nproceedings for an offence includes:\n(a) proceedings for a restraining order; and\n(b) proceedings on appeal in respect of proceedings for an\noffence.\n","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Application of Criminal Code","content":"6A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of infringement notice procedure to children","content":"7 Application of infringement notice procedure to children\n(1) An infringement notice cannot be issued to a person who was\nyounger than 14 years when the relevant offence is alleged to have\nbeen committed.\n\nFines and Penalties (Recovery) Act 2001 6\n(2) An infringement notice can be issued to a person who was 14 years\nor older when the relevant offence is alleged to have been\ncommitted despite that the Act under which the notice is issued\ndoes not specifically state that an infringement notice may be\nissued to a youth.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Other provisions not affected","content":"8 Other provisions not affected\nThis Part is in addition to and does not derogate from any Act that\nrelates to proceedings that may be taken in respect of offences that\nare or may be the subject of infringement notices.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Infringement notice","content":"9 Infringement notice\nAn infringement notice is a notice issued under a law of the\nTerritory to the effect that the person to whom it is directed has\ncommitted a specified offence and that the person may expiate the\noffence by paying the penalty specified in the notice in the manner\nand within the time specified.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Appropriate officers to issue and deal with infringement","content":"10 Appropriate officers to issue and deal with infringement\nnotices\nA person or a member of a class of persons:\n(a) authorised by the law providing for the issue of an\ninfringement notice; or\n(b) specified in the Regulations for that kind of infringement notice\nor for all infringement notices;\nis an appropriate officer to issue and deal with an infringement\nnotice.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Appropriate officer may require name and address of person","content":"11 Appropriate officer may require name and address of person\n(1) For the purpose of issuing an infringement notice to a person under\na law of the Territory, an appropriate officer may require the person:\n(a) to state the person's full name, date of birth and residential\naddress; and\n(2) When giving a requirement under subsection (1), the appropriate\nofficer must warn the person it is an offence to contravene the\nrequirement unless the person has a reasonable excuse.\n\nFines and Penalties (Recovery) Act 2001 7\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Penalty under infringement notice is an amount payable","content":"12 Penalty under infringement notice is an amount payable\n(1) The penalty under an infringement notice is to be taken to be an\namount payable to the enforcement agency that issued the\ninfringement notice and, subject to subsection (2), only ceases to\nbe payable if the person elects under section 21 to be dealt with by\na court or if the infringement notice is withdrawn.\n(2) The penalty under an infringement notice becomes payable to the\nTerritory on the making of a penalty enforcement order in relation to\nthe penalty.\n","sortOrder":13},{"sectionNumber":"12A","sectionType":"section","heading":"Application for further time to pay","content":"12A Application for further time to pay\n(1) An application for further time to pay the penalty under an\ninfringement notice may be made to the enforcement agency that\nissued the notice by or on behalf of the person to whom the notice\nwas directed.\n(2) The application may be made at any time before a penalty\nenforcement order is made in relation to the penalty under the\ninfringement notice, whether or not a courtesy letter has been\nissued in relation to the penalty.\n(3) The enforcement agency:\n(a) may require the applicant to provide information or documents\nin support of the application (including documents relating to\nthe identity and financial means of the applicant); and\n(b) may refuse to deal with the application if the information or\ndocuments are not provided.\n\nFines and Penalties (Recovery) Act 2001 8\n(4) When dealing with the application, the enforcement agency must:\n(a) comply with any requirements prescribed by regulation for this\nsection; and\n(b) have regard to any relevant guidelines under section 114.\n(5) The decision of the enforcement agency about the application is\nfinal and may not be appealed against, reviewed or called into\nquestion in any court or tribunal.\n(6) The Fines Recovery Unit may enter into arrangements with an\nenforcement agency under which the Unit acts for the agency in\ndealing with an application under this section.\n(7) If the Fines Recovery Unit enters into arrangements mentioned in\nsubsection (6), a reference in this section to an enforcement\nagency is taken to include a reference to the Unit.\n","sortOrder":14},{"sectionNumber":"12B","sectionType":"section","heading":"Enforcement agency may allow further time","content":"12B Enforcement agency may allow further time\n(1) If an application is made by a person under section 12A in relation\nto an infringement notice, the enforcement agency may allow\nfurther time to pay the penalty under the notice if the agency\nconsiders it appropriate to do so.\n(2) For subsection (1), the enforcement agency may enter into\narrangements with the person for:\n(a) extending the time for payment of the whole penalty; or\n(b) paying the penalty by instalments in the amounts, and at the\ntimes, as the agency specifies.\n(3) If a courtesy letter has been issued in relation to the infringement\nnotice, the prescribed costs of the courtesy letter must be included\nin the total amount to be paid under any arrangements for further\ntime to pay the penalty.\n(4) If an instalment is not paid by the specified time, the remaining\ninstalments become due and payable unless the enforcement\nagency decides otherwise.\n(5) An arrangement allowing the person further time to pay, or allowing\nthe penalty to be paid by instalments:\n(a) may be amended or revoked on another application by the\nperson or on the enforcement agency's own initiative; and\n\nFines and Penalties (Recovery) Act 2001 9\n(b) is cancelled if a penalty enforcement order is made against\nthe person in relation to the penalty.\n(6) If the Fines Recovery Unit has entered into arrangements as\nmentioned in section 12A(6), a reference in this section to an\nenforcement agency is taken to include a reference to the Unit.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Payment of amount required by infringement notice","content":"13 Payment of amount required by infringement notice\nIf the penalty under an infringement notice is paid within the period\nspecified in the notice, or the further time allowed under\nsection 12B, the alleged offence is expiated and no further\nproceedings can be taken in relation to the offence unless the\nnotice is withdrawn in accordance with the law under which the\ninfringement notice was issued.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Failure to pay penalty under infringement notice","content":"14 Failure to pay penalty under infringement notice\nIf the penalty under an infringement notice is not paid within the\nperiod specified in the notice, or the further time allowed under\nsection 12B, enforcement action may be taken under this Act\nunless the notice is withdrawn.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Courtesy letter","content":"15 Courtesy letter\n(1) If it appears to an appropriate officer that the penalty under an\ninfringement notice has not been paid within the period specified in\nthe notice, or the further time allowed under section 12B, the officer\nmay serve, in accordance with section 17, a letter (a courtesy\nletter) on the person to whom the infringement notice was directed.\n(2) A courtesy letter is not to be served if the person to whom the\ninfringement notice was directed has elected in accordance with\nsection 21 to have the matter dealt with by a court.\n(3) The Fines Recovery Unit may enter into arrangements with an\nenforcement agency under which the Unit acts for the agency in\nissuing and withdrawing courtesy letters.\n(4) If the Fines Recovery Unit enters into arrangements mentioned in\nsubsection (3), a reference in this section to an appropriate officer\nis taken to include a reference to the Unit.\n\nFines and Penalties (Recovery) Act 2001 10\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Courtesy letter to inform person","content":"16 Courtesy letter to inform person\n(1) A courtesy letter is to inform the person on whom it is served:\n(a) that the person has until the due date specified in the letter to\npay the penalty under the infringement notice together with the\nprescribed costs in respect of the issue of the letter; and\n(b) that payment may be made in the manner and at the place\nspecified in the infringement notice or in accordance with any\ndirections in the letter; and\n(c) of enforcement action that may be taken under this Act if the\namount is not paid by the due date; and\n(d) of enforcement costs that become payable under this Act if\nenforcement action is taken.\n(2) The due date for payment in a courtesy letter is 28 days after the\ndate of issue of the letter.\n(3) The inclusion (or not) of additional information and directions for the\nassistance or guidance of the person on whom a courtesy letter is\nserved does not affect the validity of the courtesy letter.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Service of courtesy letter","content":"17 Service of courtesy letter\n(1) A courtesy letter may be served personally, by post, by facsimile\ntransmission or in any other manner prescribed by the Regulations.\n(2) The address for service of a courtesy letter includes:\n(a) the address shown on the infringement notice or supplied by\nthe person in connection with the service of the infringement\nnotice; and\n(b) if the infringement notice was served on the person in his or\nher capacity as owner of a vehicle or was served by being left\non a vehicle – the address shown in the records of the\nRegistrar of Motor Vehicles or other government Agency as\nthe address of the owner of the vehicle at the time the\ninfringement notice was issued; and\n(c) if the infringement notice was served on the person in the\ncapacity of having been identified as the person driving or in\ncharge of a vehicle at the time of the alleged offence in a\nstatutory declaration by the owner of the vehicle – the address\nspecified in the statutory declaration; and\n\nFines and Penalties (Recovery) Act 2001 11\n(d) in the case of a corporation or government entity – the\naddress of a place where the corporation or entity carries on\nbusiness (including the business of government) and includes\na registered address.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Time for payment extended","content":"18 Time for payment extended\nIf a courtesy letter is served on a person, the time for paying the\npenalty under the relevant infringement notice (together with the\nprescribed costs) is extended to the due date specified in the letter.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Effect of payment under courtesy letter","content":"19 Effect of payment under courtesy letter\nIf the penalty under an infringement notice to which a courtesy letter\nrelates is paid (together with the prescribed costs) by the due date\nspecified in the courtesy letter, or the further time allowed under\nsection 12B, the alleged offence is expiated and no further\nproceedings can be taken in relation to the offence unless the letter\nis withdrawn.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Withdrawal of courtesy letter","content":"20 Withdrawal of courtesy letter\n(1) If the law under which an infringement notice was issued provides\nthat the infringement notice may be withdrawn, an appropriate\nofficer may withdraw a courtesy letter relating to the infringement\nnotice:\n(a) before the due date specified for payment in the letter; and\n(b) in the same manner and circumstances as provided for the\nwithdrawal of the infringement notice.\n(2) If a courtesy letter is withdrawn:\n(a) the penalty under the infringement notice to which the letter\nrelates ceases to be payable; and\n(b) the prescribed costs for the issue of the courtesy letter cease\nto be payable; and\n(c) the infringement notice to which the courtesy letter relates is to\nbe taken to be withdrawn; and\n(d) if any money has been paid under that infringement notice or\nthe courtesy letter – the money is to be dealt with in\naccordance with section 111; and\n\nFines and Penalties (Recovery) Act 2001 12\n(e) further proceedings in respect of the alleged offence may be\ntaken against any person (including the person on whom the\ninfringement notice was served) as if the infringement notice\nhad not been issued.\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Alleged offender may elect to have matter dealt with by court","content":"21 Alleged offender may elect to have matter dealt with by court\n(1) A person who is alleged or is to be taken to have committed the\noffence to which an infringement notice relates may elect to have\nthe matter dealt with by a court instead of under this Act.\n(2) The election is to be made by serving on the enforcement agency\nor other person or body specified in the infringement notice or the\ncourtesy letter, if issued, a written statement that the person so\nelects.\n(3) The statement may be served at any time (including before a\ncourtesy letter is issued) but, if a courtesy letter has been served on\nthe person in relation to the relevant infringement notice, the\nstatement is to be served before the due date specified in the\ncourtesy letter.\n(4) The statement is to contain the prescribed information and may be\nserved personally, by post, by facsimile transmission or in any other\nmanner prescribed by the Regulations.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Matter to proceed","content":"22 Matter to proceed\n(1) If a person elects in accordance with section 21 to have the matter\ndealt with by a court, proceedings against the person in respect of\nthe alleged offence may be taken as if an infringement notice or a\ncourtesy letter had not been issued.\n(2) The proceedings mentioned in subsection (1) must be commenced\nas follows:\n(a) if, apart from this subsection, proceedings for prosecuting the\noffence would be required to be commenced within a period of\n12 months or less after the offence is alleged to have been\ncommitted – within 12 months after the offence is alleged to\nhave been committed;\n(b) otherwise – before the expiry of the period within which the\nproceedings must be commenced.\n\nFines and Penalties (Recovery) Act 2001 13\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"When and where fine payable","content":"23 When and where fine payable\n(1) A fine imposed by a court is to be paid within 28 days after it is\nimposed.\n(2) A fine imposed by a court is to be paid to the Fines Recovery Unit\nunless the court otherwise directs.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Fine notification","content":"24 Fine notification\n(1) A registrar or other officer of a court must cause written notice of a\nfine imposed on a person by the court to be served on the person\nas soon as practicable after the fine is imposed.\n(2) The notice may be served personally, by post, by facsimile\ntransmission or in any other prescribed manner.\n(3) The notice may be served personally during or at the completion of\nthe proceedings concerned if the person is present at those\nproceedings and available to be served.\n(4) The notice is to specify the amount payable, the due date for\npayment and where and to whom the fine may be paid.\n(5) The notice is to inform the person:\n(a) of arrangements that may be made for further time to pay the\nfine; and\n(b) of enforcement action that may be taken under this Act if the\nfine is not paid by the due date; and\n(c) of enforcement costs that become payable under this Act if\nenforcement action is taken.\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Application for further time to pay fine","content":"25 Application for further time to pay fine\n(1) An application for further time to pay a fine may be made to the\nFines Recovery Unit by or on behalf of a person on whom a court\nhas imposed the fine.\n(2) More than one application may be made under this section in\nrespect of a fine (whether or not the earlier applications were\ngranted).\n(3) The Fines Recovery Unit may, for the purposes of dealing with an\napplication, require the applicant to provide information or\ndocuments in support of the application (including documents\n\nFines and Penalties (Recovery) Act 2001 14\nrelating to the identity of the applicant and his or her financial\nmeans) and may refuse to deal with the application if the\ninformation or documents are not provided.\n(4) When dealing with an application, the Fines Recovery Unit must:\n(a) comply with any requirements that are prescribed for the\npurposes of this section; and\n(b) have regard to any relevant guidelines under section 114.\n(5) The decision of the Fines Recovery Unit on an application under\nthis section is final and may not be appealed against, reviewed or\ncalled into question in any court or tribunal.\n(6) The Director may authorise an officer of the Fines Recovery Unit to\ndeal with an application and to make, amend or revoke an order\nthat allows a person further time to pay a fine.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Fines Recovery Unit may allow further time","content":"26 Fines Recovery Unit may allow further time\n(1) If an application is made under section 25, the Fines Recovery Unit\nmay by order allow further time to pay the fine if it appears\nexpedient to do so.\n(2) For subsection (1), the Fines Recovery Unit may enter into\narrangements with the person for:\n(a) extending the time for payment of the whole fine; or\n(b) paying the fine by instalments in the amounts, and at the\ntimes, as the Unit specifies.\n(3) If an instalment of a fine is not paid by the specified date, the\nremaining instalments then become due and payable unless the\nFines Recovery Unit orders otherwise.\n(4) An order allowing further time to pay a fine or allowing the fine to be\npaid by instalments may be amended or revoked by a further order\nmade on the application of the person liable to pay the fine or on\nthe initiative of the Fines Recovery Unit.\n(5) An order under this section allowing further time to pay a fine or\nallowing the fine to be paid by instalments is cancelled on the\nmaking of a fine enforcement order against the person liable to pay\nthe fine.\n\nFines and Penalties (Recovery) Act 2001 15\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Establishment","content":"27 Establishment\nThe Fines Recovery Unit is established.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Functions","content":"28 Functions\n(1) The Fines Recovery Unit has the functions conferred or imposed on\nit by or under this or any other Act.\n(2) The Fines Recovery Unit has the following functions:\n(a) the receipt and collection of fines and penalties;\n(b) the making of orders for additional time to pay or to allow\npayment by instalments;\n(c) the making of enforcement orders;\n(d) the taking of enforcement action under this Act against fine\ndefaulters;\n(e) the administration of the write-off policy for outstanding fines\nand penalties.\n(3) The Fines Recovery Unit may act for the Territory for the purpose of\nrecovering debts or other monies due to the Territory.\n(4) The Fines Recovery Unit may act for an enforcement agency to\nrecover an amount due to the agency arising from the issue of an\ninfringement notice under a prescribed law.\n(5) The Fines Recovery Unit may act for a person to recover money\npayable to the person under an order for restitution or\ncompensation.\n(6) The Fines Recovery Unit may act for a State or another Territory to\nenforce a fine imposed by a court of the State or Territory:\n(a) in relation to a body corporate – if a request has been made\nunder Part 6; or\n(b) if a request for registration of the fine has been made to the\nUnit under the Service and Execution of Process Act 1992\n(Cth).\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Director and Deputy Director","content":"29 Director and Deputy Director\n(1) The Minister must appoint a public sector employee to be the\nDirector of the Fines Recovery Unit.\n\nFines and Penalties (Recovery) Act 2001 16\n(2) The Minister may appoint a public sector employee to be a Deputy\nDirector of the Fines Recovery Unit.\n(4) The Director may delegate any of the Director's powers or functions\nunder this Act.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Management","content":"30 Management\n(1) The Fines Recovery Unit must operate in accordance with this Act,\nthe Regulations and guidelines in force under section 114.\n(2) The functions of the Fines Recovery Unit of making or issuing\norders or warrants under this Act are to be exercised by the\nDirector or the Director's delegate.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Record keeping","content":"31 Record keeping\nThe Fines Recovery Unit must keep a record of the following in\nrelation to each enforcement order made under this Act:\n(a) any enforcement action taken in relation to the order;\n(b) details of any payment made in relation to the order;\n(c) the satisfaction of the order.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Access to information","content":"32 Access to information\n(1) The Fines Recovery Unit may request from an Agency information\nrelating to the address or assets of a fine defaulter and the Agency\nis authorised to provide the information to the Unit.\n(2) An Agency must provide information requested under\nsubsection (1) to the Fines Recovery Unit without charge.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Officer may require name and address of person","content":"33 Officer may require name and address of person\n(1) When dealing with a person in accordance with this Act, an officer\nof the Fines Recovery Unit may require the person:\n(a) to state the person's full name, date of birth and residential\naddress; and\n(2) When giving a requirement under subsection (1), the officer must\nwarn the person it is an offence to contravene the requirement\nunless the person has a reasonable excuse.\n\nFines and Penalties (Recovery) Act 2001 17\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Use of computer programs","content":"34 Use of computer programs\n(1) The Director may arrange for the use, under the Director's control,\nof computer programs for any purposes for which the Director or\nthe Fines Recovery Unit may make decisions under this Act.\n(2) A decision made by the operation of a computer program under an\narrangement under subsection (1) is taken to be a decision of the\nDirector or Unit, as the case may be.\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Application and interpretation","content":"35 Application and interpretation\n(1) The Fines Recovery Unit may take action under this Part in relation\nto the enforcement of:\n(a) an outstanding fine imposed by a court; or\n(b) an outstanding penalty under an infringement notice,\nand enforcement costs arising under this Act.\n(2) In this Part:\noutstanding fine means the amount of a fine that has not been\npaid:\n(a) within the time specified in section 23; or\n(b) in accordance with arrangements made under section 26(2)\nfor further time to pay the fine.\n\nFines and Penalties (Recovery) Act 2001 18\noutstanding penalty under an infringement notice:\n(a) means the amount of a penalty that has not been paid:\n(i) within the time specified in the courtesy letter sent in\nrelation to the infringement notice; or\n(ii) in accordance with arrangements made under\nsection 12B(2) for further time to pay the penalty; and\n(b) includes the prescribed costs in relation to the issue of the\ncourtesy letter.\n(3) This Part applies despite anything in the Youth Justice Act 2005\nexcept that the provisions of this Part relating to the hearing or\ndetermination of an alleged offence on the annulment of a penalty\nenforcement order are subject to that Act.\n(4) This Part may be used to enforce the payment of an outstanding\npenalty under an infringement notice:\n(a) even if the law under which the infringement notice was issued\ndoes not specifically provide for enforcement of the notice;\nand\n(b) despite that the law under which the infringement notice was\nissued contemplates that a person who fails to pay the\ninfringement penalty is to be prosecuted for the offence\nspecified in the infringement notice.\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Penalty enforcement order","content":"36 Penalty enforcement order\nA penalty enforcement order is an order made by the Fines\nRecovery Unit under section 37 to enforce payment of an\noutstanding penalty under an infringement notice and enforcement\ncosts.\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Fines Recovery Unit may make penalty enforcement order","content":"37 Fines Recovery Unit may make penalty enforcement order\n(1) The Fines Recovery Unit may make a penalty enforcement order\nagainst a person if:\n(a) an infringement notice has been served on the person in\nrelation to an alleged offence; and\n(b) a courtesy letter has been served on the person in accordance\nwith section 17; and\n\nFines and Penalties (Recovery) Act 2001 19\n(c) the due date specified in the courtesy letter has passed or, if\nan arrangement to allow further time to pay the penalty was\nentered into under section 12B(2), the arrangement has not\nbeen complied with; and\n(d) the penalty under the infringement notice (including the\nprescribed costs in relation to the issue of the courtesy letter)\nhas not been paid; and\n(e) the person has not elected to be dealt with by a court in\nrelation to the matter; and\n(f) a complaint in relation to the offence has not been filed; and\n(g) not more than 3 years have passed since the offence is\nalleged to have been committed.\n(2) A single penalty enforcement order may be made in relation to\noutstanding penalties under more than one infringement notice\nissued to the same person.\n(3) A penalty enforcement order may be made in the absence of and\nwithout prior notice to the person the subject of the order.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Effect of making penalty enforcement order","content":"39 Effect of making penalty enforcement order\nIf the Fines Recovery Unit makes a penalty enforcement order in\nrelation to an outstanding penalty under an infringement notice or\noutstanding penalties under more than one infringement notice:\n(a) the person the subject of the order is not, as a result, to be\ntaken to have been convicted of an offence to which the\ninfringement notice relates; and\n(b) the making of the order does not affect or prejudice any civil\nclaim, action or proceeding arising out of the same\ncircumstances.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Amount payable under penalty enforcement order","content":"40 Amount payable under penalty enforcement order\nA penalty enforcement order is to set out the amount required to be\npaid, being the amount of the penalty that remains to be paid,\ntogether with specified enforcement costs.\n\nFines and Penalties (Recovery) Act 2001 20\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Enforcement costs under penalty enforcement order","content":"41 Enforcement costs under penalty enforcement order\n(1) The following amounts are enforcement costs in relation to a\npenalty enforcement order:\n(a) amounts prescribed under this section in relation to the\nmaking of a penalty enforcement order and the taking of\nenforcement action;\n(b) amounts payable under section 74 or 78A in respect of bailiffs'\ncosts and expenses.\n(2) Without limiting subsection (1)(a), the following amounts are\npayable to the Territory:\n(a) the amount prescribed for the making of a penalty\nenforcement order;\n(b) the amount prescribed for any enforcement action taken under\n","sortOrder":43},{"sectionNumber":"Div 7","sectionType":"division","heading":"before payment is made under the order;","content":"Division 7 before payment is made under the order;\n(c) the amount prescribed for any enforcement action taken by a\nbailiff or other official under Division 8 before payment is made\nunder the order;\n(d) the amount prescribed for the service of a community work\norder by a bailiff under Division 9.\n(3) An amount is not payable for enforcement costs unless it is a\nprescribed amount or is payable under section 74 or 78A.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Effect of payment under penalty enforcement order","content":"42 Effect of payment under penalty enforcement order\n(1) The payment of an amount payable under a penalty enforcement\norder is not an admission of liability for the purpose of, and does not\nin any way affect or prejudice, any civil claim, action or proceeding\narising out of the same circumstances.\n(2) If the full amount payable under a penalty enforcement order is paid\nor recovered, no person is liable for any further proceedings for the\nalleged offence concerned unless the order is annulled or\nwithdrawn under this Part.\n(3) The payment of an amount payable under a penalty enforcement\norder does not affect the operation of the provisions of Division 3\nrelating to annulment of an order or the provisions of Division 6\nrelating to withdrawal of an order.\n\nFines and Penalties (Recovery) Act 2001 21\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Application for annulment of order","content":"43 Application for annulment of order\n(1) An application may be made to the Fines Recovery Unit by or on\nbehalf of a person in relation to whom a penalty enforcement order\nhas been made under Division 2 for the annulment of the penalty\n(2) An application for annulment is to be made in writing in the\napproved form and, unless by leave of the Fines Recovery Unit,\nmust be made within 12 months after the making of the\n(3) An application may be made for the annulment of:\n(a) a penalty enforcement order completely; or\n(b) a penalty enforcement order only to the extent of some of the\ninfringement notices to which it refers; or\n(c) more than one penalty enforcement order.\n(4) A person cannot make more than one application for annulment in\nrelation to the same matter unless by leave of the Fines Recovery\nUnit.\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Determination of application by Fines Recovery Unit","content":"44 Determination of application by Fines Recovery Unit\n(1) If an application for annulment of a penalty enforcement order is\nmade and the Fines Recovery Unit is satisfied that:\n(a) the person was not aware that an infringement notice had\nbeen issued until the enforcement order was made; or\n(b) the person was hindered by accident, illness, misadventure or\nother cause from taking action in relation to the infringement\nnotice; or\n(c) in the circumstances of the case – there is other just cause\nwhy the application should be granted;\nthe Unit must annul the order.\n(2) An application for annulment is to be dealt with by the Fines\nRecovery Unit in the absence of the parties unless the Unit\notherwise directs.\n\nFines and Penalties (Recovery) Act 2001 22\n(3) If the Fines Recovery Unit is dealing with an application for\nannulment of a penalty enforcement order, the Unit may stay\nenforcement action under the order subject to the terms and\nconditions that the Unit thinks fit.\n(4) In determining an application for annulment the Fines Recovery\nUnit may:\n(a) grant the application completely; or\n(b) grant the application only to the extent of some of the\ninfringement notices to which the application order relates; or\n(c) refuse the application.\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Notice of determination","content":"45 Notice of determination\n(1) The Fines Recovery Unit must give notice of the determination of\nan application for annulment to the applicant and the enforcement\nagency concerned.\n(2) The notice of determination of an application is to advise the\napplicant:\n(a) if the application for annulment is refused completely or to the\nextent of some of the infringement notices to which the\napplication relates:\n(i) that the applicant may appeal the decision by making\napplication to the Local Court in accordance with\nsection 46; and\n(ii) that, on the listing of the matter with the Local Court, any\nsuspension under Division 7 of a licence to drive or\nvehicle registration is lifted pending determination of the\nmatter unless the suspension is also in respect of\nanother enforcement order or the application for\nannulment was in respect of only some of the\ninfringement notices to which the penalty enforcement\norder relates; or\n(b) if the application for annulment is granted completely or only\nto the extent of some of the infringement notices to which the\npenalty enforcement order relates:\n(i) that the person has 10 days from the date of the notice\nin which to pay at the place specified the penalty under\nany relevant infringement notice; and\n\nFines and Penalties (Recovery) Act 2001 23\n(ii) that, if the penalty is paid within that time, the alleged\noffence is expiated and no further proceedings can be\ntaken in relation to the offence; and\n(iii) that, if the penalty is not paid within that time, the matter\nwill be listed with the Local Court for a hearing in relation\nto the alleged offence that gave rise to the relevant\ninfringement notice.\n(3) A matter must be listed with the Local Court in accordance with\nsubsection (2)(b)(iii) within 6 months after the granting of the\napplication for annulment.\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Appeal against refusal of application by Fines Recovery Unit","content":"46 Appeal against refusal of application by Fines Recovery Unit\n(1) If the Fines Recovery Unit refuses an application for annulment,\nwholly or partially, the applicant may apply in the approved form to\nhave the original application (to the extent of the refusal)\ndetermined by the Local Court.\n(2) A registrar the Local Court must list the matter for hearing and\nnotify the applicant and the parties interested as to the date, time\nand place on or at which the application is to be determined.\n(3) When dealing with an application for annulment, the Local Court\nmay stay enforcement action under the penalty enforcement order\nsubject to the terms and conditions that the Court thinks fit.\n(4) The Local Court may proceed to determine an application under\nthis section despite any omission or error in or failure of service of a\nnotice to the parties about the time and place of the hearing of the\napplication if:\n(a) the Court is satisfied that the applicant and the parties\ninterested and concerned had knowledge of the date, time and\nplace on or at which the application was to be determined and\nwere not prejudiced by the omission, error or failure of service;\nor\n(b) the Court is satisfied that the applicant is avoiding service of\nthe notice or cannot after reasonable search and inquiry be\nfound.\n(5) The Local Court is to determine the application in accordance with\nthis Division and may make any decision that the Fines Recovery\nUnit could have made under section 44(4).\n\nFines and Penalties (Recovery) Act 2001 24\n(6) In this Division, if the applicant was a youth at the time the alleged\noffence the subject of an infringement notice to which the penalty\nenforcement order relates was committed, a reference to the Local\nCourt is to be taken to be a reference to the Youth Justice Court.\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Effect of annulment","content":"47 Effect of annulment\n(1) If a penalty enforcement order is annulled completely:\n(a) the order ceases to have effect; and\n(b) any enforcement action already taken is to be reversed to the\nextent practicable unless the same enforcement action is\nauthorised under another penalty enforcement order or a fine\nenforcement order; and\n(c) enforcement costs are not payable in respect of the issue of\nthe order and, if paid, are to be dealt with in accordance with\nsection 112; and\n(d) any amount that has been paid under the order is to be dealt\nwith in accordance with section 112.\n(2) If a penalty enforcement order is annulled only to the extent of\nsome of the infringement notices to which it applies:\n(a) the order continues to have effect in respect of the remaining\ninfringement notices to which it applies; and\n(b) any amount that has been paid under the order is to be\napplied to payment of the remaining infringement notices to\nwhich it applies and any enforcement costs in respect of that\norder; and\n(c) the surplus, if any, is to be dealt with in accordance with\nsection 112.\n(3) If the Fines Recovery Unit annuls a penalty enforcement order,\nwhether completely or only to the extent of some of the\ninfringement notices to which it applies:\n(a) if the penalty under any infringement notice in relation to which\nthe order is annulled is paid in accordance with the notice of\ndetermination of the application for annulment – the alleged\noffence to which the infringement notice relates is expiated\nand no further proceedings can be taken in relation to the\noffence; or\n(b) if the penalty under any infringement notice in relation to which\nthe order is annulled is not paid in accordance with the notice\n\nFines and Penalties (Recovery) Act 2001 25\nof determination of the application for annulment – the Unit\nmust refer the matter to the Local Court for a hearing in\nrelation to the alleged offence that gave rise to the relevant\ninfringement notice.\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Proceedings for alleged offence if enforcement order annulled","content":"48 Proceedings for alleged offence if enforcement order annulled\n(1) If a penalty enforcement order is annulled by a court or is annulled\nby the Fines Recovery Unit and referred to the Local Court under\nsection 47(3), the Local Court must, either immediately or at a later\nsitting, hear and determine the substantive matter of the alleged\noffence that gave rise to the relevant infringement notice to which\nthe penalty enforcement order related as if no penalty enforcement\norder had been made.\n(2) The matter is not to be heard and determined if the penalty under\nthe relevant infringement notice is paid on the annulment of the\norder.\n(3) For the purposes of hearing and determining the matter:\n(a) the relevant infringement notice and the notice of the making\nof the penalty enforcement order under Division 5 are together\ntaken:\n(i) to be a complaint in relation to the alleged offence; and\n(ii) to have been filed when the notice of the making of the\norder was served on the fine defaulter; and\n(iii) to have been filed by the appropriate officer who issued\nthe infringement notice; and\n(b) the appropriate officer mentioned in paragraph (a)(iii), or\nanother appropriate officer nominated by that person, is taken\nto be the complainant.\n","sortOrder":51},{"sectionNumber":"48A","sectionType":"section","heading":"Jurisdiction of Local Court","content":"48A Jurisdiction of Local Court\nThe jurisdiction conferred on the Local Court under this Part is part\nof the Court's criminal jurisdiction.\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Fine enforcement order","content":"49 Fine enforcement order\nA fine enforcement order is an order made by the Fines Recovery\nUnit under section 50 or 102 for the enforcement of payment of a\nfine imposed by a court.\n\nFines and Penalties (Recovery) Act 2001 26\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Referral for fine enforcement order","content":"50 Referral for fine enforcement order\n(1) The Fines Recovery Unit may make a fine enforcement order\nagainst a person liable to pay a fine if:\n(a) the fine has not been paid by the due date; or\n(b) the person liable to pay the fine has made arrangements for\nan extension of time to pay or for payment by instalments but\nis in default of those arrangements.\n(2) A fine enforcement order may be made in the absence of and\nwithout notice to the person the subject of the order.\n(3) A fine enforcement order may be made in respect of 2 or more\noutstanding fines that are payable by the same person.\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Stay of enforcement pending appeal etc.","content":"51 Stay of enforcement pending appeal etc.\n(1) If the person on whom a fine was imposed:\n(a) has applied for a rehearing of the matter; or\n(b) has lodged a notice of appeal against the conviction or\nsentence;\nthe Fines Recovery Unit must not make a fine enforcement order in\nrelation to the fine pending determination of the rehearing or\nappeal.\n(2) If the person on whom a fine was imposed:\n(a) applies for a rehearing of the matter; or\n(b) lodges a notice of appeal against the conviction or sentence;\nafter a fine enforcement order has been made in respect of the fine,\nthe Fines Recovery Unit must stay any enforcement action in\nrelation to the order pending determination of the rehearing or\nappeal.\n(3) If the rehearing or appeal results in the conviction or finding of guilt\nin the matter being quashed or overturned, the Fines Recovery Unit\nmust withdraw the enforcement order.\n(4) If the rehearing or appeal results in a fine of a different amount\nbeing imposed on the person:\n(a) the Fines Recovery Unit must vary the enforcement order to\nreflect the different amount payable; and\n\nFines and Penalties (Recovery) Act 2001 27\n(b) the stay on enforcement proceedings is removed.\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Amount payable under fine enforcement order","content":"52 Amount payable under fine enforcement order\nA fine enforcement order is to set out the amount payable, being\nthe amount of the fine that remains to be paid together with\nspecified enforcement costs.\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Enforcement costs under fine enforcement order","content":"53 Enforcement costs under fine enforcement order\n(1) The following amounts are enforcement costs in relation to a fine\nenforcement order:\n(a) amounts prescribed under this section in relation to the\nmaking of a fine enforcement order and the taking of\nenforcement action;\n(b) amounts payable under section 74 or 78A in respect of bailiffs'\ncosts and expenses.\n(2) Without limiting subsection (1)(a), the following amounts are\npayable to the Territory:\n(a) the amount prescribed for the making of a fine enforcement\norder;\n(b) the amount prescribed for any enforcement action taken under\nDivision 7 before payment is made under the order;\n(c) the amount prescribed for any enforcement action taken by a\nbailiff or other official under Division 8 before payment is made\nunder the order;\n(d) the amount prescribed for the service of a community work\norder by a bailiff under Division 9.\n(3) An amount is not payable for enforcement costs unless it is a\nprescribed amount or is payable under section 74 or 78A.\n","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Service on fine defaulter of notice of making of order","content":"54 Service on fine defaulter of notice of making of order\nAs soon as practicable after an enforcement order is made, the\nFines Recovery Unit must serve, in accordance with section 57, a\nnotice on the fine defaulter that the order has been made.\n\nFines and Penalties (Recovery) Act 2001 28\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Notice to inform fine defaulter","content":"55 Notice to inform fine defaulter\n(1) The notice of the making of an enforcement order is to inform the\nfine defaulter:\n(a) that the order has been made; and\n(b) that the fine defaulter has until the final date specified in the\nnotice to pay the fine or penalty (as the case may be) and\nenforcement costs specified in the notice; and\n(c) that, if the payment is not made by the final date, further\nenforcement action will be taken against the fine defaulter to\nenforce payment of the fine or penalty in accordance with this\nPart; and\n(d) of the enforcement actions that are provided for under this\nPart; and\n(e) that, if the payment is not made by the final date, further\nenforcement costs will be payable; and\n(f) of the amount of those further costs (except for the costs\nreferred to in subsection (2)) and circumstances in which they\nwill become payable.\n(2) The notice of the making of an enforcement order may contain\ninformation relating to enforcement costs payable under section 74\nor 78A if a bailiff is required to take enforcement action, but need\nnot specify any amount in relation to those costs.\n(3) The inclusion (or not) in the notice of additional information and\ndirections for the assistance or guidance of the person on whom it\nis served does not affect the validity of the notice.\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Final date for payment","content":"56 Final date for payment\nThe final date for payment in a notice of the making of an\nenforcement order is 28 days after the date of the notice.\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Service of notice","content":"57 Service of notice\n(1) Notice of the making of an enforcement order may be served\npersonally, by post, by facsimile transmission or in any other\nmanner prescribed by the Regulations.\n(2) The address for service of a notice of the making of a fine\nenforcement order includes the address for service of the person in\nconnection with the proceedings in which the fine was imposed.\n\nFines and Penalties (Recovery) Act 2001 29\n(3) The address for service of a notice of the making of a penalty\nenforcement order includes:\n(a) the address of the person shown on the infringement notice or\nsupplied by the person in connection with the service of the\ninfringement notice; and\n(b) if the infringement notice was served on the person in his or\nher capacity as owner of a vehicle or was served by being left\non a vehicle – the address shown in the records of the\nRegistrar of Motor Vehicles or other government Agency as\nthe address of the owner of the vehicle at the time the\ninfringement notice was served; and\n(c) if the infringement notice was served on the person in the\ncapacity of having been identified as the person driving or in\ncharge of a vehicle at the time of the alleged offence in a\nstatutory declaration by the owner of the vehicle – the address\nspecified in the statutory declaration; and\n(d) in the case of a corporation or government entity – the\naddress of a place where the corporation or entity carries on\nbusiness (including the business of government) and includes\na registered address.\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Withdrawal of order","content":"58 Withdrawal of order\n(1) The Fines Recovery Unit may, on application or on its own initiative,\nwithdraw an enforcement order if satisfied that the order was made\nin error.\n(2) The Fines Recovery Unit must withdraw a penalty enforcement\norder if requested to do so by the enforcement agency that issued\nthe infringement notice to which the order relates.\n(3) An enforcement order may be withdrawn completely or only to the\nextent of some of the infringement notices or fines (as the case may\nbe) to which it relates.\n(4) If an enforcement order is withdrawn completely:\n(a) the order ceases to have effect; and\n(b) any enforcement action already taken is to be reversed to the\nextent practicable, unless the same enforcement action is\nauthorised under another enforcement order; and\n\nFines and Penalties (Recovery) Act 2001 30\n(c) enforcement costs are not payable in respect of the issue of\nthe order and, if paid, are to be dealt with under section 112;\nand\n(d) any amount that has been paid under the order is to be dealt\nwith under section 112.\n(5) If an enforcement order is withdrawn only to the extent of some of\nthe infringement notices or fines (as the case may be) to which it\napplies:\n(a) the order continues to have effect in respect of the remaining\ninfringement notices or fines to which it applies; and\n(b) any amount that has been paid under the order is to be\napplied as follows:\n(i) first – to any enforcement costs in respect of the order;\n(ii) second – to payment of the remaining infringement\nnotices, or fines (as the case may be), to which the order\napplies;\n(iii) the surplus, if any, is to be dealt with under section 112.\n(6) The withdrawal of an enforcement order does not prevent the\nmaking of a further enforcement order in respect of the infringement\nnotice or fine (as the case may be).\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"When enforcement action may be taken under this Division","content":"59 When enforcement action may be taken under this Division\nDivision if a fine defaulter:\n(a) has not paid a fine or penalty by the final date specified in the\nnotice of the making of an enforcement order served on the\nfine defaulter; or\n(b) has been granted additional time to pay by the Fines\nRecovery Unit but has not paid a fine or penalty by the\nextended due date; or\n(c) has been allowed by the Fines Recovery Unit to pay a fine or\npenalty by instalments but has not paid an instalment at the\ntime specified by the Unit for payment of that instalment.\n\nFines and Penalties (Recovery) Act 2001 31\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Suspension of licence to drive","content":"60 Suspension of licence to drive\n(1) The Fines Recovery Unit may, without further notice to a fine\ndefaulter, suspend the licence to drive of the fine defaulter until:\n(b) the Unit otherwise decides to lift the suspension.\n(2) The Fines Recovery Unit must notify the following in writing about\n(3A) Despite subsection (2), failure of a notification to reach the fine\ndefaulter does not affect the suspension under this section of a\nlicence to drive.\n(4) Despite the suspension of a licence to drive in accordance with this\nsection, a court or the Registrar of Motor Vehicles may exercise a\nfunction under another Act to suspend or cancel the licence.\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Suspension of vehicle registration","content":"61 Suspension of vehicle registration\n(1) The Fines Recovery Unit may take enforcement action under this\nsection against the following:\n(a) a fine defaulter that is:\n(i) a body corporate; and\n(ii) the registered owner or one of the registered owners of a\nmotor vehicle or vehicles;\n(b) a fine defaulter who:\n(i) does not hold a licence to drive or whose licence to drive\nis already suspended (under this Act or another Act);\nand\n(ii) is the registered owner, or one of the registered owners,\nof a motor vehicle or vehicles.\n(2) The Fines Recovery Unit may, without further notice to the fine\ndefaulter, suspend the registration of all or any vehicles of which\nthe fine defaulter is the registered owner or one of the registered\nowners until:\n\nFines and Penalties (Recovery) Act 2001 32\n(b) the Unit otherwise decides to lift the suspension.\n(3) The Fines Recovery Unit must notify the following in writing about\n(3A) Despite subsection (3), failure of a notification to reach the fine\ndefaulter does not affect the suspension under this section of the\nregistration of a vehicle.\n(4) The effect of suspension of the registration of a motor vehicle in\naccordance with this section is that the vehicle is to be taken to be\nunregistered during the period of the suspension, but the\nsuspension has no effect in relation to compensation contributions\nwithin the meaning of the Motor Vehicles Act 1949.\n(5) The Registrar of Motor Vehicles cannot cancel the registration of a\nvehicle while the registration of the vehicle is suspended under this\nsection, except with the approval of the Fines Recovery Unit.\n(6) In this section:\nregistered owner includes a person nominated as an operator\nunder section 92A of the Motor Vehicles Act 1949.\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Determination to cease to exercise functions related to motor","content":"62 Determination to cease to exercise functions related to motor\nvehicles\n(1) The Fines Recovery Unit may, without further notice to a fine\ndefaulter, determine that the Registrar of Motor Vehicles is to cease\nto perform all of the functions mentioned in subsection (2) in\nrelation to the fine defaulter until:\n(b) the Unit otherwise decides to lift the determination.\n(2) For subsection (1), the functions are the following:\n(a) if the fine defaulter is an individual:\n(i) issue of a licence to drive to the fine defaulter or renewal\nof the licence to drive of the fine defaulter; and\n(ii) testing of the fine defaulter for the purpose of issuing a\nlicence to drive to the fine defaulter;\n\nFines and Penalties (Recovery) Act 2001 33\n(b) registration, or renewal or transfer of the registration of, a\nvehicle in the name of the fine defaulter;\n(c) grant of a motor vehicle trader's licence to the fine defaulter,\nor renewal of such a licence;\n(d) grant of a temporary licence under section 137 of the Motor\nVehicles Act 1949 to the fine defaulter;\n(e) grant or renewal of a pastoral vehicle permit in relation to a\nvehicle owned by the fine defaulter;\n(f) issue of a number plate to the fine defaulter;\n(g) a function prescribed by regulation for this section.\n(2A) Subject to section 66, the Registrar of Motor Vehicles must not\nperform a function mentioned in subsection (2) in relation to a fine\ndefaulter if the Fines Recovery Unit has made a determination\nunder subsection (1) in relation to the fine defaulter.\n(3) The Fines Recovery Unit must notify the following in writing about a\ndetermination under subsection (1):\n(4) Despite subsection (3), failure of a notification to reach the fine\ndefaulter does not affect any enforcement action taken under this\nsection.\n(5) This section applies despite any obligation on the Registrar of\nMotor Vehicles to perform a function that is imposed by or under\nany other Act.\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Suspension of licence or registration may be lifted pending","content":"63 Suspension of licence or registration may be lifted pending\nappeal etc.\n(1) The Fines Recovery Unit may lift the suspension of a licence or\nregistration imposed under section 60 or 61 (unless the licence or\nregistration is also suspended under this Act for another order) if\nthe fine defaulter to which the suspension relates:\n(a) is the subject of a penalty enforcement order and has lodged\nan application under Division 3 to have an application for\nannulment of the enforcement order determined by a court; or\n\nFines and Penalties (Recovery) Act 2001 34\n(b) is the subject of a fine enforcement order and has lodged an\nappeal against the conviction or sentence in respect of which\nthe fine was imposed.\n(2) If the licence or registration expired prior to the lifting of the\nsuspension, the fine defaulter may apply to the Registrar of Motor\nVehicles for a renewal of the licence or registration (as the case\nmay be).\n(4) If a suspension is lifted under this section, the licence or registration\nmay again be suspended in respect of another enforcement order.\n(5) If the fine defaulter is not successful in the proceedings referred to\nin subsection (1), the Fines Recovery Unit may again suspend the\nlicence or registration (as the case may be).\n(5A) The Fines Recovery Unit must notify the following in writing about\n(6) For the purposes of subsection (5), the fine defaulter is to be taken\nto be unsuccessful if an appeal against the amount of a fine results\nin a fine of a different amount being imposed.\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Lifting of enforcement action when enforcement order","content":"64 Lifting of enforcement action when enforcement order\nsatisfied\nThe Fines Recovery Unit must, if a fine defaulter has paid all\noutstanding amounts under an enforcement order or the order has\notherwise been satisfied:\n(a) if the fine defaulter's licence to drive has been suspended\nunder section 60 – lift that suspension; and\n(b) if the registration of a vehicle belonging to the fine defaulter\nhas been suspended under section 61 – lift that suspension;\nand\n(c) if the Unit made a determination under section 62 in relation to\nthe defaulter – lift that determination.\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Effect of enforcement action on vehicle insurance","content":"65 Effect of enforcement action on vehicle insurance\n(1) A vehicle insurance policy is not affected by the suspension of the\nregistration of the vehicle or the suspension of the licence to drive\nof the driver of the vehicle under this Division, and a claim under a\nvehicle insurance policy cannot be refused merely because of the\n\nFines and Penalties (Recovery) Act 2001 35\nsuspension, despite anything to the contrary in a vehicle insurance\npolicy or any other agreement.\n(2) In this section:\nvehicle insurance policy includes:\n(a) a policy of insurance in respect of a vehicle generally known\nas a comprehensive policy; and\n(b) a policy of insurance in respect of a vehicle generally known\nas a third party property policy.\n","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Offence to transfer registration during suspension","content":"66 Offence to transfer registration during suspension\n(1) A fine defaulter may apply to the Fines Recovery Unit for written\napproval to transfer an interest in a motor vehicle of which the fine\ndefaulter is the registered owner (or one of the registered owners)\nwhile the registration of the vehicle is suspended in accordance\nwith this Division.\n(1A) A fine defaulter commits an offence if:\n(a) the fine defaulter intentionally sells or otherwise transfers to\nanother person an interest in a motor vehicle; and\n(b) the fine defaulter is the registered owner (or one of the\nregistered owners) of the vehicle; and\n(c) the registration of the vehicle is suspended in accordance with\nthis Division; and\n(d) the fine defaulter is reckless as to whether the Fines Recovery\nUnit has given written approval to the transfer of the vehicle.\n(1B) Strict liability applies to subsection (1A)(b) and (c).\n(2) Nothing in this Division prevents the Registrar of Motor Vehicles\nfrom transferring the registration of a vehicle to a third party despite\nthat the transferor is a fine defaulter and the vehicle registration has\nbeen suspended in accordance with this Division.\n(3) If the registration of a vehicle is suspended in accordance with this\nDivision and the Registrar of Motor Vehicles transfers the\nregistration of the vehicle to a third party, the suspension ceases to\nhave effect.\n\nFines and Penalties (Recovery) Act 2001 36\n(4) The Registrar of Motor Vehicles is not required to transfer the\nregistration of a vehicle to a third party if the Registrar believes that\nthe proposed transferee is not a bona fide purchaser and the\ntransfer is intended to defeat enforcement action taken under this\n","sortOrder":70},{"sectionNumber":"66A","sectionType":"section","heading":"When enforcement action may be taken under this Division","content":"66A When enforcement action may be taken under this Division\nDivision if:\n(a) a fine defaulter:\n(i) has not paid a fine or penalty by the final date specified\nin the notice of the making of an enforcement order\nserved on the fine defaulter; or\n(ii) has been granted additional time to pay by the Fines\nRecovery Unit but has not paid the fine or penalty by the\nextended due date; or\n(iii) has been allowed by the Fines Recovery Unit to pay a\nfine or penalty by instalments but has not paid an\ninstalment at the time specified by the Unit for payment\nof that instalment; and\n(b) the amount of the fine or penalty (including any enforcement\ncosts) exceeds the amount prescribed by regulation; and\n(c) the fine defaulter is the registered owner (or one of the\nregistered owners) of a motor vehicle.\n","sortOrder":71},{"sectionNumber":"66B","sectionType":"section","heading":"Immobilisation officer","content":"66B Immobilisation officer\nThe Director may authorise, in writing, a person to be an\nimmobilisation officer.\n","sortOrder":72},{"sectionNumber":"66C","sectionType":"section","heading":"Immobilisation of motor vehicle","content":"66C Immobilisation of motor vehicle\n(1) The Director may:\n(a) determine to immobilise a motor vehicle of which a fine\ndefaulter is the registered owner (or one of the registered\nowners) for a period not exceeding 7 days (the\nimmobilisation period); and\n(b) authorise, in writing, an immobilisation officer to immobilise the\nvehicle.\n\nFines and Penalties (Recovery) Act 2001 37\n(2) An immobilisation officer may immobilise a motor vehicle by:\n(a) attaching a device to the vehicle; or\n(b) using any other means approved by the Director.\n(3) After the immobilisation officer has immobilised the vehicle, the\nofficer must affix to the vehicle a notice that includes the following:\n(a) a statement that the vehicle has been immobilised under this\nAct;\n(b) the immobilisation period;\n(c) information about what the fine defaulter may do to have the\nimmobilisation removed.\n","sortOrder":73},{"sectionNumber":"66D","sectionType":"section","heading":"When motor vehicle may not be immobilised","content":"66D When motor vehicle may not be immobilised\n(1) An immobilisation officer must not immobilise a motor vehicle:\n(a) at a place where the vehicle, if immobilised, could be a safety\nor traffic hazard; or\n(b) at a place where the immobilisation officer reasonably\nbelieves the safety of the driver and any other occupants of\nthe vehicle may be at risk; or\n(c) if the Director has determined, and notified the officer, that it is\notherwise inappropriate to immobilise the vehicle.\nExample for section 66D(1)(b)\nAt an isolated location.\n(2) In this section:\nplace includes a road.\n","sortOrder":74},{"sectionNumber":"66E","sectionType":"section","heading":"Access to motor vehicle during immobilisation period","content":"66E Access to motor vehicle during immobilisation period\nA fine defaulter is not prevented from accessing an immobilised\nmotor vehicle during the immobilisation period.\nExample for section 66E\nA fine defaulter may access the vehicle to retrieve personal possessions.\n\nFines and Penalties (Recovery) Act 2001 38\n","sortOrder":75},{"sectionNumber":"66F","sectionType":"section","heading":"Removal of immobilisation before end of immobilisation period","content":"66F Removal of immobilisation before end of immobilisation period\n(1) The Director must direct an immobilisation officer to remove the\nimmobilisation from a motor vehicle before the end of the\nimmobilisation period if:\n(a) the fine defaulter has paid all outstanding amounts under an\nenforcement order or the order has otherwise been satisfied;\nor\n(b) the Director reasonably believes immobilisation would cause\nundue inconvenience to a person other than the fine defaulter.\n(2) The Director may direct an immobilisation officer to remove the\nimmobilisation from a motor vehicle although a fine defaulter has\nnot paid all outstanding amounts under the enforcement order.\n","sortOrder":76},{"sectionNumber":"66G","sectionType":"section","heading":"Powers of immobilisation officer","content":"66G Powers of immobilisation officer\n(1) An immobilisation officer may, at any reasonable time of the day or\nnight, enter and remain on any premises for the purpose of\nimmobilising a motor vehicle of which a fine defaulter is the\nregistered owner or removing an immobilisation.\n(2) However:\n(a) an immobilisation officer who is a bailiff:\n(i) may enter residential premises occupied only by a\nperson other than the fine defaulter only with the\npermission of the occupier; and\n(ii) may enter a part of residential premises that is a\nresidential building only with the permission of the\noccupier; and\n(b) any other immobilisation officer may enter residential premises\nonly with the permission of the occupier.\n(3) If requested by an occupier of premises, an immobilisation officer\nmust show the occupier the officer's written authorisation under\nsection 66C(1)(b).\npremises includes any structure, building or place (whether built on\nor not).\n\nFines and Penalties (Recovery) Act 2001 39\n","sortOrder":77},{"sectionNumber":"66H","sectionType":"section","heading":"Moving of immobilised vehicle","content":"66H Moving of immobilised vehicle\n(a) a motor vehicle is immobilised under this Division; and\n(b) the person intentionally moves the vehicle.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":78},{"sectionNumber":"66J","sectionType":"section","heading":"Interference with immobilisation","content":"66J Interference with immobilisation\n(a) a motor vehicle is immobilised under this Division; and\n(b) the person intentionally removes or tampers with the\nimmobilisation of the vehicle.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":79},{"sectionNumber":"66L","sectionType":"section","heading":"When enforcement action taken under this Division","content":"66L When enforcement action taken under this Division\nDivision if:\n(a) one of the following applies:\n(i) a fine defaulter has not paid a fine or penalty by the final\ndate specified in the notice of making of an enforcement\norder served on the fine defaulter;\n(ii) a fine defaulter has been granted additional time to pay\nby the Fines Recovery Unit but has not paid the fine or\npenalty by the extended due date;\n\nFines and Penalties (Recovery) Act 2001 40\n(iii) a fine defaulter has been allowed by the Fines Recovery\nUnit to pay a fine or penalty by instalments but has not\npaid an instalment at the time specified by the Unit for\npayment of that instalment; and\n(b) the amount of the fine or penalty (including any enforcement\ncosts) exceeds the amount prescribed by regulation.\n","sortOrder":80},{"sectionNumber":"66M","sectionType":"section","heading":"Publication of name of fine defaulter","content":"66M Publication of name of fine defaulter\n(1) The Fines Recovery Unit may publish on its website the following\ndetails in relation to a fine defaulter:\n(a) the full name;\n(b) the suburb of residence;\n(c) the amount owed as specified in the enforcement order.\n(2) However, the Fines Recovery Unit must not publish the details of a\nfine defaulter under subsection (1) if:\n(a) the fine defaulter is a person who is under the age of 18 years;\nor\n(b) the fine defaulter is a protected person as defined in section 4\nof the Domestic and Family Violence Act 2007; or\n(c) publication of the details would endanger the safety of the fine\ndefaulter or any other person.\n","sortOrder":81},{"sectionNumber":"66N","sectionType":"section","heading":"Removal of fine defaulter's details","content":"66N Removal of fine defaulter's details\n(1) The Fines Recovery Unit must remove the details of a fine defaulter\nfrom its website if the fine defaulter has paid all outstanding\namounts under an enforcement order served on the defaulter or the\norder has otherwise been satisfied.\n(2) The Fines Recovery Unit may remove the details of a fine defaulter\nfrom its website although the fine defaulter has not paid all\noutstanding amounts under an enforcement order.\n\nFines and Penalties (Recovery) Act 2001 41\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"When enforcement action taken under this Division","content":"67 When enforcement action taken under this Division\n(1) The Fines Recovery Unit may take enforcement action under this\nDivision that the Director considers appropriate if:\n(a) a fine defaulter does not pay the fine or penalty by the final\ndate specified in the notice of making of an enforcement order;\nand\n(b) one or more of the following apply:\n(i) the fine defaulter is not the holder of a licence to drive or\nthe registered owner of a vehicle;\n(ii) the Director considers that enforcement action under\nDivision 7 is not appropriate;\n(iii) enforcement action has been taken under Division 7 but\n3 months have elapsed since the taking of that action.\n(2) Enforcement action that may be taken under this Division includes\none or more of the following:\n(a) issuing a property seizure order;\n(b) issuing a garnishee order;\n(c) registering a statutory charge on land.\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Examination of fine defaulter","content":"68 Examination of fine defaulter\n(1) The Fines Recovery Unit may, by notice in writing, request a fine\ndefaulter to supply the relevant information for the purpose of\ndetermining appropriate enforcement action that may be taken\nunder this Division.\n(2) If the fine defaulter does not comply with the request or if the\nDirector is not satisfied with the response, an examination\nsummons may be issued to the fine defaulter.\n(3) An examination summons cannot be issued to a person if, within\nthe previous 3 months, the person has attended an examination in\naccordance with a summons under this section.\n(4) An examination summons may be directed to:\n(a) if the fine defaulter is an individual – the fine defaulter; or\n\nFines and Penalties (Recovery) Act 2001 42\n(b) if the fine defaulter is a corporation – an officer or former\nofficer of the corporation.\n(5) Subject to subsection (6), an examination summons is to be served\npersonally on the person to whom it is directed.\n(6) If the Director is satisfied that it is impracticable to serve an\nexamination summons personally, the Director may make an order\nfor substituted service in accordance with section 69.\n(7) An examination summons is to summon the person to whom it is\ndirected to attend:\n(a) at the place specified in the summons; and\n(b) on a day and at a time specified in the summons and\nthereafter as further required;\nto be orally examined by the Director or another specified officer as\nto the fine defaulter's property and other means of satisfying the\nfine and generally as to the fine defaulter's financial circumstances.\n(8) An examination summons:\n(a) may require the person to produce to the Director or officer\nany document or other thing in the person's possession or\ncontrol that tends to show the fine defaulter's true financial\ncircumstances; and\n(b) is to notify the person to whom it is directed that a warrant will\nissue if the person does not attend for examination in\naccordance with the summons.\n(9) A person is not bound to produce any document or other thing that\nis not specified or sufficiently described in the examination\nsummons or that the person would not be bound to produce on a\nsubpoena for production in the Supreme Court.\n(10) If a person fails to attend in accordance with a summons under this\nsection, the Fines Recovery Unit may issue a warrant for the\napprehension of the person and for the person to be brought before\nthe Director or other specified officer of the Unit for examination in\naccordance with this section.\n(11) A warrant of apprehension:\n(a) is not to be issued unless the Fines Recovery Unit is satisfied\nthat the examination summons was duly served on the person\n(whether personally or by substituted service); and\n\nFines and Penalties (Recovery) Act 2001 43\n(b) is to be directed to a bailiff and provided to the bailiff for\nexecution; and\n(c) may be executed with the assistance of a member of the\nPolice Force.\n(12) If a person who is served with an examination summons engages in\nconduct that would, if the Fines Recovery Unit were the Local\nCourt, constitute contempt of the Court under section 45 of the\nLocal Court Act 2015:\n(a) the Director may refer the matter to the Local Court; and\n(b) the Local Court, constituted by a Local Court Judge, may deal\nwith the matter under Part 4, Division 4 of the Local Court\nAct 2015 as if it were an alleged contempt referred to it under\nsection 46(4)(b) of that Act.\n(13) If an examination under this section is adjourned, the Fines\nRecovery Unit must notify the person to be examined of the time\nand place for the continuance of the adjourned examination.\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Substituted service","content":"69 Substituted service\n(1) If the Director is satisfied that it is impracticable to serve an\nexamination summons personally on a person to be examined, the\nDirector may make an order for substituted service.\n(2) In deciding whether to make an order for substituted service the\nDirector must have regard to the following matters:\n(a) whether attempts have been made to effect personal service\nand why the attempts were unsuccessful (in particular whether\nthe person to be examined appears to be avoiding service);\n(b) the reasons why personal service is considered impracticable;\n(c) the nature of substituted service proposed;\n(d) the reasons why the proposed method of substituted service is\nlikely to be successful;\n(e) whether substituted service (and in particular the method of\nservice proposed) is appropriate in the circumstances.\n(3) If attempts at personal service have been made, an affidavit is to be\nmade by the person who attempted service and the Director must\ntake into account any matters deposed to in the affidavit.\n\nFines and Penalties (Recovery) Act 2001 44\n(4) If the Director makes an order for substituted service, service may\nbe effected in the manner ordered and is to be taken to be effective\nservice for the purposes of this Division.\n","sortOrder":85},{"sectionNumber":"70","sectionType":"section","heading":"Order to seize property of fine defaulter","content":"70 Order to seize property of fine defaulter\n(1) A property seizure order is an order made by the Fines Recovery\nUnit for the seizure of the personal property of a fine defaulter for\nthe purpose of levying the amount payable by the fine defaulter\nagainst that property.\n(2) The provisions of rules under the Local Court Act 2015 prescribed\nby regulation apply, with any modifications prescribed by\nRegulation, to a property seizure order.\n(3) A property seizure order may be made in the absence of and\nwithout notice to the fine defaulter.\n(4) A property seizure order is to be directed to a bailiff and provided to\nthe bailiff for execution.\n(5) If a bailiff is required to execute a property seizure order and a\nwarrant of execution issued by a court or to execute more than one\nproperty seizure order, the priority to be accorded to their execution\nis as follows:\n(a) a property seizure order is to be executed before a warrant of\nexecution (even if the warrant was issued before the order);\n(b) property seizure orders are to be executed in the order in\nwhich they were received by the bailiff (unless the bailiff is\ndirected by the Fines Recovery Unit to execute them in a\ndifferent order).\n(6) If a property seizure order has not been executed within 12 months\nafter it was made, the bailiff to whom the order was directed must\nreturn the order to the Fines Recovery Unit and the Unit must\ncancel the order, but nothing prevents the issue of a further order in\nthe matter.\n(7) A bailiff executing a property seizure order must not take any\nfurther action in relation to executing the order if the order is\ncancelled under section 75.\n","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Power of entry to execute property seizure order","content":"71 Power of entry to execute property seizure order\n(1) A bailiff executing a property seizure order may, at any reasonable\ntime of the day or night, enter and remain on any premises for the\npurposes of executing the order.\n\nFines and Penalties (Recovery) Act 2001 45\n(2) Subsection (1) does not authorise the bailiff to enter a part of\npremises used only for residential purposes by a person who is not\nthe fine defaulter (whether or not the fine defaulter also resides at\nthe premises) without the permission of the occupier or the\nauthority of a search warrant under this section.\n(3) The bailiff may apply to a justice of the peace for the issue of a\nsearch warrant if he or she believes on reasonable grounds that\nthere may be property liable to seizure under the property seizure\norder in any premises.\n(4) A justice of the peace to whom an application is made under\nsubsection (3) may, if satisfied that there are reasonable grounds\nfor doing so, issue a search warrant authorising the bailiff who is\nexecuting the property seizure order to enter the premises and\nseize property in the premises in accordance with that or any other\nproperty seizure order against the same fine defaulter.\n(5) A member of the Police Force:\n(a) may accompany a bailiff executing a property seizure order or\nsearch warrant; and\n(b) may take all reasonable steps to assist the bailiff in the\nexercise of the bailiff's functions under this section.\n(6) This section does not authorise a bailiff to seize property under a\nwarrant of execution or order (other than a property seizure order)\nwhile the bailiff is on premises in pursuance only of the authority\nconferred by this section.\n(7) In this section:\npremises includes any structure, building, aircraft, vehicle, vessel\nor place (whether built on or not).\n","sortOrder":87},{"sectionNumber":"72","sectionType":"section","heading":"Order to garnishee debts, wages or salary of fine defaulter","content":"72 Order to garnishee debts, wages or salary of fine defaulter\n(1) A garnishee order is an order made by the Fines Recovery Unit for:\n(a) the attachment of a debt due or accruing to a fine defaulter\nfrom a person specified in the order; or\n(b) the continuous attachment of the wage or salary of the fine\ndefaulter;\nfor the purpose of enforcing payment of the amount payable by the\nfine defaulter under an enforcement order.\n\nFines and Penalties (Recovery) Act 2001 46\n(2) A garnishee order may be made in the absence of and without\nnotice to the fine defaulter.\n(3) The provisions of rules under the Local Court Act 2015 prescribed\nby regulation apply, with any modifications prescribed by the\nregulation, to a garnishee order.\n","sortOrder":88},{"sectionNumber":"73","sectionType":"section","heading":"Registration of enforcement order as charge on land","content":"73 Registration of enforcement order as charge on land\n(1) If the amount required to be paid under an enforcement order or the\ntotal amount under more than one enforcement order exceeds the\nprescribed amount, the Fines Recovery Unit may apply to the\nRegistrar-General for registration of the order or orders as a\nstatutory charge within the meaning of the Land Title Act 2000 on\nland owned by the fine defaulter (including owned jointly with\nanother person).\n(2) An application under subsection (1) is to define the land to which it\nrelates and is to contain a copy of the enforcement order or orders\nthat form the basis of the statutory charge.\n(3) The statutory charge is of no effect until it is registered under the\nLand Title Act 2000.\n(4) The statutory charge ceases to have effect in relation to the land on\nregistration of the cancellation of the charge under section 75.\n(5) No power of sale is exercisable under a statutory charge under this\n","sortOrder":89},{"sectionNumber":"74","sectionType":"section","heading":"Bailiff's costs payable","content":"74 Bailiff's costs payable\n(1) The costs and expenses:\n(a) reasonably incurred by a bailiff in taking enforcement action\nunder this Division; and\n(b) approved by the Fines Recovery Unit;\nare enforcement costs payable by the fine defaulter under the\n(3) For the purposes of this section, the Fines Recovery Unit has the\nfunctions of a registrar of the Local Court in relation to the approval\nof those costs and expenses.\n(4) Enforcement costs recoverable under this section are payable to\nthe bailiff concerned and, if paid to the Territory, may be paid by the\nFines Recovery Unit to the bailiff.\n\nFines and Penalties (Recovery) Act 2001 47\n(5) The Local Court may review a decision of the Fines Recovery Unit\nin respect of enforcement costs under section 75 of the Local Court\nAct 2015 as if it were a decision of a registrar exercising a\ndelegated power.\n","sortOrder":90},{"sectionNumber":"75","sectionType":"section","heading":"Cancellation of property seizure order, garnishee order or","content":"75 Cancellation of property seizure order, garnishee order or\ncharge on land\n(1) The Fines Recovery Unit must cancel a property seizure order,\ngarnishee order or statutory charge on land under this Division:\n(a) on the payment of the amount payable under the enforcement\norder concerned; or\n(b) if a community work order is served on the fine defaulter under\n","sortOrder":91},{"sectionNumber":"Div 9","sectionType":"division","heading":"in relation to the enforcement order concerned.","content":"Division 9 in relation to the enforcement order concerned.\n(2) The Fines Recovery Unit may cancel a property seizure order,\ngarnishee order or statutory charge on land under this Division at\nany time if satisfied that it is just to do so.\n(3) The cancellation of a statutory charge on land under this Division\ndoes not take effect until the Registrar-General registers the\ncancellation.\n","sortOrder":92},{"sectionNumber":"76","sectionType":"section","heading":"Application and interpretation","content":"76 Application and interpretation\n(1) A community work order under this Division may be made only in\nrespect of a fine defaulter who is an individual.\n(1A) A community work order cannot be made under this Division in\nrelation to an order for restitution or compensation.\n(2) In this Division, an approved project is a project approved by the\nCommissioner of Correctional Services.\n","sortOrder":93},{"sectionNumber":"77","sectionType":"section","heading":"Community work order","content":"77 Community work order\n(a) a fine defaulter has not paid the fine or penalty and\nenforcement costs as required by the notice of the\nenforcement order served on him or her; and\n(b) the Director believes on reasonable grounds that enforcement\naction under Division 8 (whether initiated or not) will not be\neffective in satisfying the enforcement order;\n\nFines and Penalties (Recovery) Act 2001 48\nthe Fines Recovery Unit may make a community work order\nrequiring the fine defaulter to participate in an approved project in\norder to work off the amount that remains unpaid.\n(2) The Fines Recovery Unit may make a community work order in the\nabsence of and without notice to the fine defaulter.\n(4) An appeal does not lie in respect of the making of a community\nwork order under this Division or the failure to make such an order.\n","sortOrder":94},{"sectionNumber":"77A","sectionType":"section","heading":"Duties of fine defaulter in carrying out community work order","content":"77A Duties of fine defaulter in carrying out community work order\n(1) A fine defaulter in respect of whom a community work order is in\nforce:\n(a) must participate, for the number of hours specified in the\norder, in an approved project as directed by a probation and\nparole officer or community youth justice officer (as\nappropriate); and\n(b) must participate in the project in a satisfactory manner; and\n(c) must, while participating in the project, comply with any\nreasonable direction of the project supervisor or of a probation\nand parole officer or community youth justice officer (as\nappropriate); and\n(d) must inform a probation and parole officer or community youth\njustice officer (as appropriate) of a change in the fine\ndefaulter's residential address not later than 48 hours after the\nchange; and\n(e) must comply with any conditions prescribed by regulation.\n(2) Except where the fine defaulter consents, a fine defaulter must not\nbe required to participate in an approved project under a community\nwork order for more than 8 hours (exclusive of time allowed for\nmeals) in any one day.\n","sortOrder":95},{"sectionNumber":"77B","sectionType":"section","heading":"Breach of community work order","content":"77B Breach of community work order\nA fine defaulter who is the subject of a community work order is in\nbreach of the order if the fine defaulter:\n(a) fails to comply with a term or condition of the order; or\n(b) fails to carry out the fine defaulter's obligations under\nsection 77A(1); or\n\nFines and Penalties (Recovery) Act 2001 49\n(c) disturbs or interferes with any other person participating in or\ndoing anything under a community work order; or\n(d) assaults, threatens, insults or uses abusive language to the\nproject supervisor, a probation and parole officer or a\ncommunity youth justice officer; or\n(e) changes the fine defaulter's address for the purposes of\nevading the execution of this Act; or\n(f) commits an offence against a law in force in the Territory\nduring the time when the fine defaulter is participating in an\napproved project under the order.\n","sortOrder":96},{"sectionNumber":"78","sectionType":"section","heading":"Service of order","content":"78 Service of order\n(1) A community work order under this Division is to be served\npersonally on the fine defaulter and in accordance with the\nRegulations.\n(2) A community work order is to be served on the fine defaulter by an\nauthorised person.\n(3) An authorised person who serves a fine defaulter with a community\nwork order under this Division must:\n(a) provide to the fine defaulter information relating to:\n(i) the fine defaulter's obligations under the order; and\n(ii) the consequences that may follow if the fine defaulter\nfails to comply with those obligations; and\n(b) send a copy of the order to the Commissioner of Correctional\nServices.\n","sortOrder":97},{"sectionNumber":"78A","sectionType":"section","heading":"Bailiff's costs payable","content":"78A Bailiff's costs payable\n(1) The enforcement costs payable by a fine defaulter in relation to the\nservice of a community work order by a bailiff are the costs and\nexpenses:\n(a) reasonably incurred by a bailiff in relation to the service of a\ncommunity work order under this Division; and\n(b) approved by the Fines Recovery Unit.\n(2) The amount of those costs and expenses is to be determined in\naccordance with the scale applicable to the enforcement of\njudgment debts under the Local Court Regulations 2016 but is to be\n\nFines and Penalties (Recovery) Act 2001 50\nreduced by any amount prescribed in relation to bailiff's costs under\nsection 41(2)(d) or 53(2)(d) as payable to the Territory.\n(3) For the purposes of this section, the Fines Recovery Unit has the\nfunctions of a registrar of the Local Court in relation to the approval\nof those costs and expenses.\n(4) Enforcement costs recoverable under this section are payable to\nthe bailiff concerned and, if paid to the Territory, may be paid by the\nFines Recovery Unit to the bailiff.\n(5) The Local Court may review a decision of the Fines Recovery Unit\nin respect of enforcement costs in accordance with the provisions of\nrules under the Local Court Act 2015 prescribed by the\nRegulations, with any modifications prescribed by the Regulations.\n","sortOrder":98},{"sectionNumber":"79","sectionType":"section","heading":"Assessment of suitability of fine defaulter for participation in","content":"79 Assessment of suitability of fine defaulter for participation in\nproject\n(1) A community work order under this Division is to require the fine\ndefaulter to attend at a place specified in the order, within 7 days of\nbeing served with the order, for assessment by the Commissioner\nof Correctional Services as to the fine defaulter's suitability for\nparticipation in an approved project.\n(2) If the Commissioner of Correctional Services assesses the fine\ndefaulter to be suitable to participate in an approved project, the\nfine defaulter is to be advised of the place and the time at which the\nfine defaulter must present himself or herself to perform work under\nthe order.\n(3) If the Commissioner of Correctional Services assesses the fine\ndefaulter to be not suitable to participate in an approved project, the\nCommissioner of Correctional Services is to report that assessment\nto the Fines Recovery Unit and the fine defaulter is not to be\nrequired to perform work under the order.\n","sortOrder":99},{"sectionNumber":"80","sectionType":"section","heading":"Number of hours of work under community work order","content":"80 Number of hours of work under community work order\n(1) The number of hours of work specified in a community work order\nmade under this Division to be performed by the fine defaulter is to\nbe calculated at the prescribed rate for the amount of the fine or\npenalty, including enforcement costs, that remains unpaid.\n(2) The number of hours specified in a community work order under\nthis Division is not to exceed 480 hours but more than one order\nunder this Division may apply to a fine defaulter at any one time.\n(3) The number of hours specified in a community work order under\nthis Division is additional to the number of hours of work required to\n\nFines and Penalties (Recovery) Act 2001 51\nbe performed by any other order under this Act or another Act and\na maximum total number of hours that a person can be required to\nperform at any one time under another Act does not apply in\nrelation to the hours required to be worked by an order under this\n(4) If a community work order is made under this Division in respect of\na person who was under the age of 18 years at the time that an\noffence or alleged offence to which the enforcement order relates\nwas committed, work may be performed concurrently for the\npurposes of that order and for the purposes of any other community\nwork order (whether made under this Act or another Act) that\napplies to the person.\n","sortOrder":100},{"sectionNumber":"81","sectionType":"section","heading":"Satisfaction of fine or penalty by work under community work","content":"81 Satisfaction of fine or penalty by work under community work\norder\n(1) If a fine defaulter who is subject to a community work order under\nthis Division complies with the order, the fine or penalty concerned\nis to be taken to be satisfied.\n(2) If a fine defaulter who is subject to a community work order under\nthis Division performs work for part of the number of hours of work\nspecified in the order, the fine or penalty concerned is to be taken\nto be partially satisfied by the amount calculated at the prescribed\nrate for each hour of work actually performed under the order.\n","sortOrder":101},{"sectionNumber":"82","sectionType":"section","heading":"Satisfaction of order by payment","content":"82 Satisfaction of order by payment\n(1) If a fine defaulter who is subject to a community work order under\nthis Division pays the fine or penalty (including enforcement costs),\nthe order is taken to be satisfied.\n(2) If a fine defaulter who has performed some work under a\ncommunity work order pays the outstanding balance of the fine or\npenalty (including enforcement costs) having regard to the number\nof hours of work performed under the order, the order is taken to be\nsatisfied.\n(3) A fine defaulter who intends to pay the outstanding balance or the\nFines Recovery Unit acting on his or her behalf must notify the\nCommissioner of Correctional Services of that intention and the\nCommissioner must provide to the fine defaulter and the Unit a\nwritten statement detailing the hours for which the fine defaulter\nperformed work under the community work order.\n(4) In calculating the outstanding amount to be paid, the Fines\nRecovery Unit must reduce the amount of the fine or penalty\n(including enforcement costs) by the prescribed rate for each hour\nthe fine defaulter performed work under the community work order.\n\nFines and Penalties (Recovery) Act 2001 52\n","sortOrder":102},{"sectionNumber":"83","sectionType":"section","heading":"Suspension of orders during imprisonment or detention","content":"83 Suspension of orders during imprisonment or detention\nIf a fine defaulter who is subject to a community work order under\nthis Division is imprisoned or detained while the order is in force,\nthe order is suspended during that period of imprisonment or\ndetention and the period that the order is to be in force is extended\nby the period that the order is suspended.\n","sortOrder":103},{"sectionNumber":"84","sectionType":"section","heading":"Revocation of community work order","content":"84 Revocation of community work order\n(1) The Fines Recovery Unit may revoke a community work order\nmade under this Division if it is satisfied, following a report by the\nCommissioner of Correctional Services, that the fine defaulter is not\ncapable of performing work under the order or is otherwise not\nsuitable to be engaged in such work.\n(2) The Fines Recovery Unit must revoke a community work order\nmade under this Division if it receives a report by the Commissioner\nof Correctional Services that the fine defaulter who is subject to the\norder has, without reasonable excuse, breached the order.\n(3) When revoking a community work order made under this Division,\nthe Fines Recovery Unit may also revoke any other community\nwork orders that have been made under this Division against the\nfine defaulter.\n(4) The Fines Recovery Unit may revoke a community work order\nmade under this Division in the absence of and without notice to the\nfine defaulter.\n","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Notice of revocation of order to be served on fine defaulter","content":"85 Notice of revocation of order to be served on fine defaulter\n(1) Notice of the revocation of a community work order is to be served\non the fine defaulter.\n(2) The notice may be served personally, by post, by facsimile\ntransmission or in any other manner prescribed by the Regulations.\n(3) The notice is to advise the fine defaulter that a warrant may be\nissued for the commitment of the fine defaulter to imprisonment if\nthe outstanding amount payable under the enforcement order is not\npaid within the period specified in the notice.\n","sortOrder":105},{"sectionNumber":"86","sectionType":"section","heading":"Imprisonment following breach of community work order","content":"86 Imprisonment following breach of community work order\n(1) If a community work order is revoked under Division 9, the Fines\nRecovery Unit may by warrant commit the fine defaulter into the\ncustody of the Commissioner of Correctional Services for the period\n\nFines and Penalties (Recovery) Act 2001 53\nof imprisonment calculated in accordance with this Division unless\nthe fine defaulter pays the relevant outstanding amount.\n(2) A warrant cannot be issued under this Division in respect of a fine\ndefaulter who was younger than 18 years when every relevant\noffence was committed or is alleged to have been committed.\n(3) A single warrant may commit the fine defaulter for 2 or more\nperiods of imprisonment if 2 or more community work orders made\nunder Division 9 against the fine defaulter have been revoked.\n","sortOrder":106},{"sectionNumber":"87","sectionType":"section","heading":"Meaning of relevant outstanding amount","content":"87 Meaning of relevant outstanding amount\n(1) In this Division:\nrelevant outstanding amount, in relation to an enforcement order\nat any time, means the amount payable under the enforcement\norder that remains unpaid at that time.\n(2) If a fine defaulter was a youth at the time that one or more of the\nrelevant offences were committed or alleged to have been\ncommitted, for the purposes of determining the relevant outstanding\namount:\n(a) only an amount payable in respect of any offences committed\nor alleged to have been committed when the fine defaulter\nwas 18 years or over is to be taken into account; and\n(b) enforcement costs are to be apportioned pro rata on the basis\nof the amounts payable for the fines and penalties imposed for\nthe offences committed or alleged to have been committed.\n(3) In calculating the amount that remains unpaid, account is to be\ntaken of any partial satisfaction of the fine or penalty by performing\nwork under a community work order under Division 9 or by service\nof any part of the period of imprisonment under this Division.\n","sortOrder":107},{"sectionNumber":"88","sectionType":"section","heading":"Calculation of period of imprisonment under warrant","content":"88 Calculation of period of imprisonment under warrant\nThe period of imprisonment for the purposes of a warrant under this\nDivision is to be calculated on the basis of the relevant outstanding\namount as follows:\n(a) one day of imprisonment for each prescribed amount (or part\nof the prescribed amount) of the relevant outstanding amount;\n(b) the period is not to be less than one day;\n(c) the period is not to exceed 3 months.\n\nFines and Penalties (Recovery) Act 2001 54\n","sortOrder":108},{"sectionNumber":"89","sectionType":"section","heading":"Satisfaction of fine or penalty by imprisonment","content":"89 Satisfaction of fine or penalty by imprisonment\n(1) If a fine defaulter serves the total period of imprisonment under a\nwarrant under this Division, all fines or penalties concerned are to\nbe taken to be satisfied.\n(2) If a fine defaulter serves part of the period of imprisonment under a\nwarrant under this Division, the fines or penalties concerned are to\nbe taken to be partially satisfied by the amount calculated at the\nprescribed rate for each day actually served.\n","sortOrder":109},{"sectionNumber":"90","sectionType":"section","heading":"Terms under warrants to be served cumulatively","content":"90 Terms under warrants to be served cumulatively\nIf a fine defaulter is committed to 2 or more terms of imprisonment\nby one or more warrants of commitment under this Division, the\nterms are to be served cumulatively not concurrently.\n","sortOrder":110},{"sectionNumber":"91","sectionType":"section","heading":"Term may be served concurrently with other imprisonment","content":"91 Term may be served concurrently with other imprisonment\nA term or cumulative terms of imprisonment for which a fine\ndefaulter has been committed by a warrant under this Division:\n(a) may be served concurrently with any incomplete sentence or\nsentences of imprisonment imposed on the person other than\nfor the default of a payment of a fine or sum of money,\nwhether the other sentence was or the other sentences were\nimposed before or at the same time as that term or terms; and\n(b) must be served cumulatively on any incomplete sentence or\nsentences of imprisonment imposed on the person for the\ndefault of a payment of a fine or sum of money.\n","sortOrder":111},{"sectionNumber":"92","sectionType":"section","heading":"Execution of warrant","content":"92 Execution of warrant\n(1) If a fine defaulter who is committed into the custody of the\nCommissioner of Correctional Services by a warrant under this\nDivision is already imprisoned, the warrant may be executed by the\nCommissioner of Correctional Services or a person authorised by\nthe Commissioner by serving a copy of the warrant on the fine\ndefaulter.\n(2) Notice is not required to be given to a fine defaulter of the proposed\nexecution of a warrant under this Division.\n(3) A member of the Police Force executing a warrant under this\nDivision may, in accordance with guidelines issued under\nsection 114 or (subject to any such guidelines) issued by the\nCommissioner of Police, delay the execution of the warrant to\nenable the fine defaulter to pay the relevant outstanding amount or\nseek the cancellation of the warrant.\n\nFines and Penalties (Recovery) Act 2001 55\n(4) A member of the Police Force must cease executing a warrant\nunder this Division if the fine defaulter pays the relevant outstanding\namount (whether to the member or in any other manner authorised\nby this Act).\n","sortOrder":112},{"sectionNumber":"93","sectionType":"section","heading":"Cancellation of warrant","content":"93 Cancellation of warrant\nIf the Director considers it appropriate, the Fines Recovery Unit\nmay cancel a warrant issued under this Division:\n(a) on application by the fine defaulter; or\n(b) on the Unit's own initiative.\n","sortOrder":113},{"sectionNumber":"94","sectionType":"section","heading":"Discharge from custody","content":"94 Discharge from custody\nIf a fine defaulter has been committed into the custody of the\nCommissioner of Correctional Services by a warrant under this\nDivision and the relevant outstanding amount (calculated in\naccordance with section 87) is paid, the fine defaulter is to be\ndischarged from custody unless he or she is also committed to the\ncustody of the Commissioner in respect of another matter.\n","sortOrder":114},{"sectionNumber":"95","sectionType":"section","heading":"Time to pay","content":"95 Time to pay\n(1) At any time after an enforcement order is made but before a\ncommunity work order is issued in the matter, the fine defaulter or a\nperson acting on the fine defaulter's behalf may apply to the Fines\nRecovery Unit for time to pay the amount payable under the\n(2) If the Fines Recovery Unit is satisfied that the application is made in\ngood faith and it appears to be expedient to do so, the Unit may, by\norder, allow further time to pay.\n(3) The Fines Recovery Unit may:\n(a) extend the time for payment of the whole amount; or\n(b) allow the total amount to be paid by instalments in the\namounts and at the times as the Unit specifies.\n(4) If an instalment of an amount payable under an enforcement order\nis not paid by the due date, the remaining instalments then become\ndue and payable unless the Fines Recovery Unit otherwise orders.\n\nFines and Penalties (Recovery) Act 2001 56\n(5) If:\n(a) an application for further time to pay is granted; and\n(b) payment of each instalment is made in accordance with the\norder of the Fines Recovery Unit (if applicable);\nfurther enforcement action under this Part is suspended.\n(6) If further enforcement action is suspended:\n(a) a bailiff is not required to return any property seized under a\nproperty seizure order under Division 8; and\n(b) a statutory charge on land created under that Division need\nnot be cancelled;\nuntil the amount payable under the enforcement order is paid in full.\n(7) However, while further enforcement action is suspended:\n(a) if a suspension of the fine defaulter's licence to drive or\nvehicle registration has been imposed under Division 7, the\nFines Recovery Unit must lift that suspension; and\n(b) if the Fines Recovery has made a determination to cease to\nperform functions related to motor vehicles in relation to the\nfine defaulter under section 62, the Fines Recovery Unit must\nlift that determination; and\n(c) if a motor vehicle owned by the fine defaulter has been\nimmobilised under section 66C, the Director must direct an\nimmobilisation officer to remove the immobilisation; and\n(d) if the fine defaulter's details are published under\nsection 66M – the Fines Recovery Unit must remove the\ndetails from its website.\n","sortOrder":115},{"sectionNumber":"96","sectionType":"section","heading":"Unpaid fines may be written off","content":"96 Unpaid fines may be written off\n(1) The Fines Recovery Unit may write off an unpaid amount payable\nunder an enforcement order in accordance with guidelines issued\nunder section 114.\n(2) An unpaid amount payable under an enforcement order that is\nwritten off is to be taken to have been paid for the purpose of\ncancelling enforcement action under this Act.\n\nFines and Penalties (Recovery) Act 2001 57\n","sortOrder":116},{"sectionNumber":"97","sectionType":"section","heading":"Disposition of money paid by or recovered from fine defaulters","content":"97 Disposition of money paid by or recovered from fine defaulters\n(1) Any payment made by or on behalf of a fine defaulter under an\nenforcement order is payable to the Fines Recovery Unit.\n(2) If a payment under an enforcement order is made to another\nperson or body, the payment may, with the approval of the Fines\nRecovery Unit, be directly credited to the Central Holding Authority\nor another account, or retained, in accordance with this Act or any\nother law.\n","sortOrder":117},{"sectionNumber":"98","sectionType":"section","heading":"Electronic transmission of orders and warrants","content":"98 Electronic transmission of orders and warrants\n(1) The following orders and warrants under this Act may be\ntransmitted electronically to the persons to whom they are given or\ndirected:\n(a) a notification to the Registrar of Motor Vehicles under Division\n7;\n(b) a property seizure order directed to a bailiff under Division 8;\n(c) a community work order given to a bailiff for service under\nDivision 9;\n(d) a copy of a community work order sent to the Commissioner\nof Correctional Services;\n(e) a warrant of commitment into the custody of the\nCommissioner of Correctional Services directed to a member\nof the Police Force or other officer under Division 10.\n(2) For the purpose of executing an order or warrant that has been\ntransmitted electronically, a bailiff or officer to whom the order or\nwarrant is directed must cause a copy of the order or warrant to be\nconverted into written form and endorsed in the manner required by\nthe Regulations.\n99 Person executing order or warrant may demand name and\naddress\n(1) If a bailiff executing an order or warrant under this Part suspects on\nreasonable grounds that a person is the fine defaulter, the bailiff\nmay require the person:\n(a) to state the person's full name and residential address; and\n\n","sortOrder":118},{"sectionNumber":"Div 12","sectionType":"division","heading":"Validation of certain enforcement orders and enforcement action","content":"Division 12 Validation of certain enforcement orders and enforcement action\nFines and Penalties (Recovery) Act 2001 58\n(2) When giving a requirement under subsection (1), the bailiff must\nwarn the person it is an offence to contravene the requirement\nunless the person has a reasonable excuse.\n99AA Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise or\nperformance of a function under this Part as any of the following:\n(a) an authorised person;\n(b) an immobilisation officer;\n(c) an officer of the Fines Recovery Unit.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise or performance, of a function, includes the purported\nexercise or performance of the function.\nDivision 12 Validation of certain enforcement orders and\nenforcement action\n","sortOrder":119},{"sectionNumber":"99A","sectionType":"section","heading":"Enforcement orders","content":"99A Enforcement orders\n(1) This section applies in relation to an enforcement order, or a\npurported enforcement order, referred to in a notice of making of\nenforcement order under Division 5 that was dated before\n\nFines and Penalties (Recovery) Act 2001 59\n(2) A penalty enforcement order to which this section applies is taken\nto have been validly made under section 38 even if sections 37 and\n38 were not complied with in relation to the order.\n(3) A fine enforcement order to which this section applies is taken to\nhave been validly made under section 50 even if section 50 was not\ncomplied with in relation to the order.\n(4) An enforcement order to which this section applies is taken to have\nbeen made on the same date as the notice of making of the order.\n(5) To avoid doubt:\n(a) Division 3 continues to have effect in relation to a penalty\nenforcement order to which this section applies; and\n(b) section 58 continues to have effect in relation to an\nenforcement order to which this section applies.\n(6) Any purported enforcement action taken under this Part in reliance\non an enforcement order, or purported enforcement order, to which\nthis section applies is taken to be valid.\n","sortOrder":120},{"sectionNumber":"99B","sectionType":"section","heading":"Enforcement action taken under Division 7","content":"99B Enforcement action taken under Division 7\nAny purported enforcement action that was taken by the Fines\nRecovery Unit under Division 7 before 28 June 2024 that should,\nunder Division 7, have been taken by the Registrar of Motor\nVehicles on the request of the Fines Recovery Unit is taken to be\nvalid.\n","sortOrder":121},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reciprocal enforcement of fines against bodies","content":"Part 6 Reciprocal enforcement of fines against bodies\ncorporate\n","sortOrder":122},{"sectionNumber":"100","sectionType":"section","heading":"Definitions","content":"100 Definitions\nIn this Part:\nconviction means a finding of guilt or order entered or made by a\ncourt (before or after the commencement of this Part) in\nproceedings for an offence.\nfine includes:\n(a) a monetary penalty, monetary forfeiture and monetary\ncompensation; and\n\nFines and Penalties (Recovery) Act 2001 60\n(b) fees, charges and costs payable by a body corporate under an\norder made in proceedings in which a conviction was entered\nin respect of the body corporate.\nNorthern Territory fine means a fine payable under a conviction of\na Northern Territory court.\nreciprocating court means a court or a court included in a class of\ncourts declared under section 101 to be a reciprocating court or a\nclass of reciprocating courts.\nrelevant officer, in relation to a reciprocating court, means a\nregistrar or other corresponding officer of the court.\n","sortOrder":123},{"sectionNumber":"101","sectionType":"section","heading":"Declaration of reciprocating court","content":"101 Declaration of reciprocating court\nIf a State or another Territory of the Commonwealth has laws\nproviding for enforcement in that State or Territory of a Northern\nTerritory fine against a body corporate, the Minister may by notice\nin the Gazette:\n(a) declare a court of summary jurisdiction in that State or\nTerritory to be a reciprocating court; or\n(b) declare a class of courts of summary jurisdiction in that State\nor Territory to be a class of reciprocating courts.\n","sortOrder":124},{"sectionNumber":"102","sectionType":"section","heading":"Enforcement of fine imposed by reciprocating court","content":"102 Enforcement of fine imposed by reciprocating court\n(1) If, under a conviction of a reciprocating court, a fine is payable by a\nbody corporate having or appearing to have property in the Territory\nand the Fines Recovery Unit receives a request in writing from the\nrelevant officer of the reciprocating court for the enforcement of the\nfine accompanied by:\n(a) a copy, certified by the relevant officer to be correct, of the\nconviction; and\n(b) a certificate under the hand of the relevant officer specifying\nthe amount of the fine that remains unpaid;\nthe Unit must register the certified copy of the conviction and note\non the certified copy the date of registration.\n(2) On registration of a conviction:\n(a) the conviction is, for the purposes of this Part, to be taken to\nbe a conviction of a Northern Territory court; and\n\nFines and Penalties (Recovery) Act 2001 61\n(b) the Fines Recovery Unit must make a fine enforcement order\nunder this Act for the purpose of recovering the amount\ncertified as unpaid.\n(3) If, after a request is made under this section in respect of a fine\npayable under a conviction of a reciprocating court, the Fines\nRecovery Unit receives a notification from the relevant officer of the\nreciprocating court of payment of an amount in satisfaction in whole\nor in part of the amount of the fine:\n(a) the Unit must record particulars of the payment; and\n(b) the payment is, for the purposes of enforcement action under\nthis Act, to be taken to be payment in pursuance of the fine\nenforcement order made under this section.\n(4) If the Fines Recovery Unit receives money in pursuance of a fine\nenforcement order made under this section, the Unit must remit the\nmoney to the relevant officer of the reciprocating court.\n(5) For the purposes of this section, a document that purports to have\nbeen signed by the relevant officer of a reciprocating court is to be\ntaken to have been so signed unless the contrary is proved.\n","sortOrder":125},{"sectionNumber":"103","sectionType":"section","heading":"Enforcement of Northern Territory fine by reciprocating court","content":"103 Enforcement of Northern Territory fine by reciprocating court\n(1) If a State or another Territory of the Commonwealth has laws\nproviding for enforcement in that State or Territory of a Northern\nTerritory fine against a body corporate, the Fines Recovery Unit\nmay make a request in writing to the relevant officer of a\nreciprocating court for the enforcement of the Northern Territory\nfine.\n(2) An amount received from a reciprocating court by the Fines\nRecovery Unit or a registrar of a court in satisfaction of the whole or\npart of a Northern Territory fine is to be applied as if the amount\nhad been paid to the Unit by the body corporate by which the fine\nwas payable.\n","sortOrder":126},{"sectionNumber":"104","sectionType":"section","heading":"Fines Recovery Unit to notify reciprocating court of payment","content":"104 Fines Recovery Unit to notify reciprocating court of payment\nreceived\nIf a request has been made of a reciprocating court under\nsection 103 and an amount is received by the Fines Recovery Unit\n(otherwise than from the reciprocating court to whom the request\nwas made) in satisfaction of the whole or part of the fine, the Unit\nmust notify the relevant officer of the reciprocating court as soon as\npracticable of the amount of the payment.\n\nFines and Penalties (Recovery) Act 2001 62\n","sortOrder":127},{"sectionNumber":"105","sectionType":"section","heading":"Application","content":"105 Application\n(1) This Part applies to the enforcement of payment of the following\n(referred to in this Part as ancillary money orders):\n(a) any witnesses' expenses payable by a person under an order\nmade by a court in proceedings for an offence that were\nbrought otherwise than by a law enforcement officer;\n(b) any costs (including expenses or disbursements) payable:\n(i) by a complainant to a defendant under an order made by\na court; or\n(ii) by a person under an order made by a court in\nproceedings for an offence that were brought otherwise\nthan by a law enforcement officer;\n(d) any other amounts of a kind prescribed by the Regulations\nand payable under an order of a court;\nbut does not apply to the enforcement of payment of any amount\nthat is a fine or penalty within the meaning of section 6.\n(2) This Part applies to the enforcement of the payment of debts and\nother amounts payable to the Territory.\n(3) In this section:\nproceedings for an offence includes:\n(a) proceedings for a restraining order; and\n(b) proceedings on appeal in respect of proceedings for an\noffence.\n","sortOrder":128},{"sectionNumber":"106","sectionType":"section","heading":"Payment of ancillary money orders","content":"106 Payment of ancillary money orders\n(1) Part 3 applies to the payment of:\n(a) ancillary money orders; and\n(b) debts or other amounts payable to the Territory (where the\nFines Recovery Unit is acting for the Territory);\nin the same way as it applies to the payment of fines.\n\nFines and Penalties (Recovery) Act 2001 63\n(2) Unless a court orders otherwise, an ancillary money order is\npayable to the Fines Recovery Unit and the Unit may pay out to the\nappropriate person or body money received under the order.\n(3) Subject to subsection (4), money received by the Fines Recovery\nUnit in a matter is to be allocated firstly to payment of an ancillary\nmoney order (and if more than one ancillary money order – rateably\nbetween those orders) and then to payment of any fine or penalty.\n(4) If the Fines Recovery Unit makes an enforcement order in a matter,\nany amount remaining unpaid under an ancillary money order may\nbe enforced in accordance with section 107.\n(5) The Fines Recovery Unit:\n(a) may act for the Territory to enforce payment of an ancillary\nmoney order made in favour of the Territory; and\n(b) cannot act to enforce payment of an ancillary money order in\nany other case.\n","sortOrder":129},{"sectionNumber":"107","sectionType":"section","heading":"Enforcement as civil judgments","content":"107 Enforcement as civil judgments\n(1) Subject to section 106:\n(a) an ancillary money order; or\n(b) a debt or other amount payable to the Territory (where the\nFines Recovery Unit is acting for the Territory);\nis enforceable as if it were a judgment of the Local Court for the\npayment of that amount.\n(2) The order, debt or other amount may be entered in the records of\nthe Local Court as if it were a judgment given in that Court for a\ndebt due to the person to whom the payment is required to be\nmade by that order, or the Territory, as the case may be.\n(3) The order, debt or other amount may be entered even though the\norder was made by the Local Court in the exercise of its criminal\njurisdiction or the amount to be paid exceeds the jurisdictional limit\nof the Local Court.\n(4) This section does not affect any other remedy for enforcement\nprovided by any other law.\n\nFines and Penalties (Recovery) Act 2001 64\n","sortOrder":130},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement of forfeited bail","content":"Part 8 Enforcement of forfeited bail\n","sortOrder":131},{"sectionNumber":"108","sectionType":"section","heading":"Definitions","content":"108 Definitions\nIn this Part:\nforfeited bail undertaking means a bail undertaking that is\nreferred to the Fines Recovery Unit under the Bail Act to be\nenforced under this Act.\n","sortOrder":132},{"sectionNumber":"109","sectionType":"section","heading":"Enforcement as fines","content":"109 Enforcement as fines\n(1) Enforcement action under Part 5 applies to a forfeited bail\nundertaking as if the amount payable were a fine imposed by a\ncourt for an offence.\n(2) The application of that Part is subject to the following:\n(a) the Fines Recovery Unit is to make a fine enforcement order\n(in a form that is appropriate to the circumstances of the case)\nfor the purposes of taking enforcement action;\n(b) enforcement costs are not payable on the making of the order;\n(c) all other necessary or prescribed modifications to the\napplication of that Part apply.\n","sortOrder":133},{"sectionNumber":"109A","sectionType":"section","heading":"Misleading information or document","content":"109A Misleading information or document\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an official; and\n(c) the person knows the information is misleading; and\n(d) the person knows the official is acting in an official capacity.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n\nFines and Penalties (Recovery) Act 2001 65\n(b) the other person is an official; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the official is acting in an official capacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the official's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe official the information necessary to remedy the misleading\naspect of the document.\n(5) In this section:\nacting in an official capacity, in relation to an official, means the\nofficial is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nofficial means one of the following:\n(a) a law enforcement officer;\n(b) an authorised person;\n(c) an immobilisation officer;\n(d) an officer of the Fines Recovery Unit.\n","sortOrder":134},{"sectionNumber":"110","sectionType":"section","heading":"Parent or guardian of youth to be notified","content":"110 Parent or guardian of youth to be notified\n(1) If an appropriate officer issues a courtesy letter to a youth, he or\nshe must take reasonable steps to ensure that a copy of the letter is\ndelivered or sent to a parent, guardian, or other person, having the\ncustody of the youth.\n(2) If the Fines Recovery Unit issues a notice to a youth or makes an\norder in relation to a youth, the Unit must take reasonable steps to\n\nFines and Penalties (Recovery) Act 2001 66\nensure that a copy of the notice or a notice of the making of the\norder is delivered or sent to a parent, guardian, or other person,\nhaving the custody of the youth.\n","sortOrder":135},{"sectionNumber":"111","sectionType":"section","heading":"Allocation of surplus money","content":"111 Allocation of surplus money\nIf money has been paid to an enforcement agency in expiation of\nan alleged offence and the relevant infringement notice is\nwithdrawn or the enforcement agency otherwise comes to hold\nsurplus money in relation to an infringement notice issued to a\nperson, the money is to be dealt with as follows:\n(a) if the same person is the subject of another infringement\nnotice issued by the same enforcement agency and the\namount payable under that infringement notice has not been\npaid within the period specified – the money that is being held\nby the enforcement agency may be credited against the\namount owing for the overdue notice;\n(b) if there are more than one overdue infringement notices – the\nmoney may be credited against the oldest notice;\n(c) if there are no overdue infringement notices but the\nenforcement agency has issued another infringement notice\nthat is not paid but is not overdue – the enforcement agency\nmay hold the surplus money until the penalty under the notice\nis paid and, if the penalty under the unpaid notice is not paid\nwithin the period specified, may credit the money that is being\nheld against that infringement notice when it becomes\noverdue;\n(d) if there are no overdue infringement notices and no\ninfringement notices issued but unpaid – the enforcement\nagency that is holding the money must forward the money to\nthe Fines Recovery Unit to be dealt with under section 112.\n","sortOrder":136},{"sectionNumber":"112","sectionType":"section","heading":"Fines Recovery Unit to deal with surplus money","content":"112 Fines Recovery Unit to deal with surplus money\n(a) money has been paid to the Fines Recovery Unit:\n(i) by a person in full or partial satisfaction of an\nenforcement order, and the relevant order is withdrawn\nor, if the order is a penalty enforcement order, annulled);\nor\n(ii) in accordance with section 111 by an enforcement\nagency that held surplus money in relation to a person;\nor\n\nFines and Penalties (Recovery) Act 2001 67\n(b) the Unit otherwise comes to hold surplus money in relation to\na person;\nthe money is to be dealt with as follows:\n(c) if the person is the subject of an enforcement order that has\nnot been fully satisfied – the money may be credited against\nthe amount remaining to be paid under the order;\n(d) if there is more than one enforcement order in relation to the\nsame person – the money may be credited against the oldest\norder (if any) that can be fully satisfied by the money available,\nthen the next such order, and so on, with the residue (if any)\ncredited against the oldest remaining order;\n(e) if there are no enforcement orders or, after allocation of the\nmoney under this section, no remaining orders in relation to\nthe person – the money is to be repaid to the person.\n(2) This section applies to an order that is not fully satisfied despite that\nthe Fines Recovery Unit may have granted the person additional\ntime to pay or made arrangements for payment by instalments.\n","sortOrder":137},{"sectionNumber":"113","sectionType":"section","heading":"Allocation of monies","content":"113 Allocation of monies\n(1) If an enforcement order is satisfied by means other than by\npayment of the full amount payable, or if money is to be disbursed\nprior to complete satisfaction of the order, any money that has been\nreceived by the Fines Recovery Unit in relation to the order is to be\nallocated as follows:\n(aa) first – to the payment of any order for restitution or\ncompensation (and if there is more than one such order –\nrateably between those orders);\n(a) next – to the payment of bailiff costs and expenses under\nsection 74 or 78A;\n(b) next – to the payment of any costs incurred by the Unit in\ntaking enforcement action under Division 8 of Part 5;\n(c) next – to the payment of any bailiff costs and expenses not\ncovered by paragraph (b);\n(d) next – to the payment of any prescribed amounts payable in\nrelation to enforcement action taken by the Fines Recovery\nUnit under Division 7 of Part 5;\n(e) next – to the payment of prescribed amounts payable to the\nUnit for the making of the enforcement order;\n\nFines and Penalties (Recovery) Act 2001 68\n(f) next – to the payment of witness expenses payable by the fine\ndefaulter under an order of a court in proceedings for an\noffence that were brought by a law enforcement officer;\n(g) next – to the payment of the levy payable under Part 6 of the\nVictims of Crime Assistance Act 2006;\n(h) next – to the payment of court costs (including expenses or\ndisbursements) payable by the fine defaulter under an order of\na court in proceedings for an offence that were brought by a\nlaw enforcement officer;\n(i) the residue, if any:\n(i) in the case of a fine enforcement order (including an\norder for the enforcement of a forfeited bail\nundertaking) – to the payment of the fine or fines\nconcerned; and\n(ii) in the case of a penalty enforcement order – to the\nenforcement agency in payment of the prescribed costs\nfor issuing a courtesy letter and then to payment of the\npenalty amount under the infringement notice or notices\nconcerned.\n(2) If more than one enforcement agency is to receive the residue\nunder subsection (1)(i), the available money is to be allocated\nbetween the enforcement agencies to pay the prescribed costs for\neach to issue courtesy letters, the remainder being allocated\nrateably between the agencies according to the relative penalty\namounts payable under the infringement notices concerned.\n","sortOrder":138},{"sectionNumber":"114","sectionType":"section","heading":"Guidelines on exercise of functions under this Act","content":"114 Guidelines on exercise of functions under this Act\n(1) The Minister may issue guidelines, not inconsistent with this Act or\nthe Regulations, with respect to the following:\n(a) the exercise by the Fines Recovery Unit of its functions under\nthis Act (including writing off unpaid fines, the issue of\nenforcement orders or community work orders and the taking\nof other enforcement action under this Act);\n(ab) the entering into of arrangements:\n(i) by the Fines Recovery Unit allowing a person further\ntime to pay a fine (including any prescribed costs\nassociated with enforcement action) under section 26(2);\nor\n\nFines and Penalties (Recovery) Act 2001 69\n(ii) by an enforcement agency or the Fines Recovery Unit\nallowing a person further time to pay the penalty under\nan infringement notice (including any prescribed costs\nassociated with a courtesy letter or other enforcement\naction) under section 12B(2);\n(b) the exercise by registrars of courts of their functions under this\nAct (including the determination of time for payment of fines\nimposed by courts);\n(c) the exercise by a bailiff and other persons of their functions\nunder this Act in connection with the taking of enforcement\naction.\n(2) The Minister must give notice in the Gazette of the making of\nguidelines under this section and the notice is to state the places\nwhere a person may inspect or purchase a copy of the guidelines.\n(3) Subsection (2) does not apply to guidelines in relation to the writing\noff of unpaid fines or penalties.\n(4) The guidelines are to be complied with but a failure to do so does\nnot affect the validity of any proceedings, decision, order or warrant.\n","sortOrder":139},{"sectionNumber":"115","sectionType":"section","heading":"Fines Recovery Unit may pay out money collected on behalf of","content":"115 Fines Recovery Unit may pay out money collected on behalf of\nother person or body\n(1) A fine or other penalty imposed under any Act is, when recovered,\npayable to the Territory, unless the relevant Act or another Act\nprovides otherwise.\n(1A) If the fine is an order for restitution or compensation, the Fines\nRecovery Unit must pay money received under the order to the\nperson or body identified in the order as the recipient of an amount\nto be paid under the order unless the person or body cannot be\nlocated after reasonable attempts have been made to locate the\nperson or body.\n(2) If the Fines Recovery Unit is acting on behalf of an enforcement\nagency for the purpose of recovering an amount payable under an\ninfringement notice, the amount payable, when recovered, may be\npaid to the enforcement agency less any fee for service agreed\nbetween the Fines Recovery Unit and the enforcement agency\nconcerned.\n\nFines and Penalties (Recovery) Act 2001 70\n","sortOrder":140},{"sectionNumber":"116","sectionType":"section","heading":"Payment of share of fine to prosecutor","content":"116 Payment of share of fine to prosecutor\nIf:\n(a) an Act imposing or authorising the imposition of a fine or other\npenalty does not make provision for its application when paid;\nand\n(b) the prosecutor in the proceedings is not a law enforcement\nofficer;\nthe court before which the matter is heard may direct that an\namount of the fine or penalty (not exceeding one-half) is to be paid\nto the prosecutor and the Fines Recovery Unit may pay out money\naccordingly when recovered.\n","sortOrder":141},{"sectionNumber":"117","sectionType":"section","heading":"Remission of fines or penalties","content":"117 Remission of fines or penalties\n(1) The Administrator may remit, in whole or in part, any of the\n(a) a fine imposed on an offender under an Act;\n(b) a penalty incurred by an alleged offender under an Act;\n(c) enforcement costs in relation to a fine or penalty.\n(2) An amount that is remitted is to be taken to have been paid and the\nFines Recovery Unit must cease enforcement action in relation to\nthat amount.\n(3) This section extends to all fines, penalties and other amounts that a\ncourt has ordered an offender to pay (including an order for the\npayment of compensation by a person found guilty of an offence).\n","sortOrder":142},{"sectionNumber":"118","sectionType":"section","heading":"Entitlement under other Act to be released from custody","content":"118 Entitlement under other Act to be released from custody\nIf a person is serving a term of imprisonment under this Act\nconcurrently with a term of imprisonment under another law and the\nperson becomes eligible for discharge or release from custody\nunder the other law before the term of imprisonment under this Act\nexpires, the person is not to be released or discharged until the\nterm of imprisonment under this Act is completed, unless the\nrelevant outstanding fine or penalty, calculated in accordance with\nsection 87, is paid.\n\nFines and Penalties (Recovery) Act 2001 71\n","sortOrder":143},{"sectionNumber":"119","sectionType":"section","heading":"Regulations","content":"119 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may create offences punishable by a penalty not\nexceeding 50 penalty units.\n(3) The Regulations may:\n(a) declare an offence to be a regulatory offence; and\n(b) provide for methods of serving notices, orders or other\ndocuments; and\n(c) prescribe the information that is to be provided in courtesy\nletters, notices, orders or other documents; and\n(d) prescribe matters to which regard is to be had for the\npurposes of this Act.\n","sortOrder":144},{"sectionNumber":"Div 1","sectionType":"division","heading":"Savings and transitional matters for Fines and","content":"Division 1 Savings and transitional matters for Fines and\nPenalties (Recovery) Act 2001\n","sortOrder":145},{"sectionNumber":"120","sectionType":"section","heading":"Infringement notices issued before this Act commenced","content":"120 Infringement notices issued before this Act commenced\n(a) an infringement notice was issued on or after 1 July 1997 but\nbefore 1 January 2000; and\n(b) the penalty has not been paid; and\n(c) the alleged offender has not elected to have the matter heard\nby a court; and\n(d) the matter has not otherwise been referred to a court;\nthe penalty is to be taken to be a debt due and payable to the\nTerritory or other body that issued the infringement notice and the\nTerritory or other body (as the case may be) may sue to recover the\ndebt in the Local Court.\n\nFines and Penalties (Recovery) Act 2001 72\n(2) An action to recover a debt referred to in subsection (1) is to be\ncommenced within 3 years of the date of commencement of this\nsection.\n(3) If, in relation to an infringement notice referred to in subsection (1),\nan order under section 60E of the Justices Act 1928 or a warrant\nunder section 60H of that Act is in force at the day that this section\ncommences, the order or warrant (as the case may be) is cancelled\nby force of this section.\n","sortOrder":146},{"sectionNumber":"121","sectionType":"section","heading":"Fines etc. imposed by court before this Act commenced","content":"121 Fines etc. imposed by court before this Act commenced\n(1) If a person is liable to pay an amount that is due in relation to:\n(a) a fine imposed by a court before this Act commenced; or\n(b) a bail undertaking or a recognizance that a court has ordered\nbe forfeited before this Act commenced;\nthe Registrar of the court may refer the matter to the Fines\nRecovery Unit.\n(2) If a matter is referred to the Fines Recovery Unit under this section,\nthe Unit may:\n(a) allow further time to pay the fine or allow payment by\ninstalments and sections 25 and 26 apply to a matter referred\nunder this section as if the matter was a fine for the purposes\nof those sections; or\n(b) make a fine enforcement order under section 50 in relation to\nthe person and Part 5 applies to the enforcement of the order;\nbut nothing prevents the taking of action under paragraph (b)\nalthough time to pay has been allowed under paragraph (a).\n(3) If, in relation to a fine or a forfeited amount referred to in\nsubsection (1), an order or a warrant has been issued under the\nJustices Act 1928, Youth Justice Act 2005 or Sentencing Act 1995\nbut has not been executed, the order or warrant is cancelled on the\nmaking of a fine enforcement order in respect of the fine or amount.\n(4) If a warrant of commitment has been executed and a community\nwork order under the Sentencing Act 1995 or Youth Justice\nAct 2005 is in force in relation to the matter, that Act continues to\napply in respect of the community work order until the order is\nsatisfied despite any repeal of those provisions.\n(5) If a community work order referred to in subsection (4) is revoked\nand a warrant of commitment is issued (or re-issued), the\n\nFines and Penalties (Recovery) Act 2001 73\nCommissioner of Correctional Services must advise the Fines\nRecovery Unit and the Unit may make a fine enforcement order in\nrelation to the person named in the warrant.\n(6) If the Fines Recovery Unit makes a fine enforcement order as\nreferred to in subsection (5), the warrant is cancelled on the making\nof the order.\n","sortOrder":147},{"sectionNumber":"122","sectionType":"section","heading":"Reciprocal enforcement of fines against bodies corporate","content":"122 Reciprocal enforcement of fines against bodies corporate\n(1) If, before the commencement of this Act, the Territory has received\na request from the relevant officer of a reciprocating court for the\npurposes of Part VIA of the Justices Act 1928:\n(a) the request is to be taken to have been made under Part 6;\nand\n(b) the conviction is to be taken to have been registered under\nthat Part; and\n(c) a notification of an amount received in the matter by the\nreciprocating court is to be taken to have been received under\nthat Part.\n(2) If a warrant has been issued in the matter, it is cancelled on the\nFines Recovery Unit making a fine enforcement order in\naccordance with section 102.\n(3) If, before the commencement of this Act, the Territory has made a\nrequest of a reciprocating court under Part VIA of the Justices\nAct 1928, the request is to be taken to have been made under\nsection 103.\n(4) A court or class of courts declared to be a reciprocating court or\nclass of courts for the purposes of Part VIA of the Justices Act 1928\nis or are to be taken to be a reciprocating court or class of courts for\nthe purposes of Part 6 until the Minister makes a declaration under\nsection 101 with respect to the State or Territory of the court or\nclass of courts.\n\n","sortOrder":148},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Fines and Penalties (Recovery) and Other Legislation","content":"Division 2 Transitional matters for Fines and Penalties (Recovery) and Other Legislation\nAmendment Act 2011\nFines and Penalties (Recovery) Act 2001 74\nDivision 2 Transitional matters for Fines and Penalties\n(Recovery) and Other Legislation Amendment\nAct 2011\n","sortOrder":149},{"sectionNumber":"123","sectionType":"section","heading":"Orders for restitution or compensation","content":"123 Orders for restitution or compensation\n(1) If a person is liable to pay an amount that is due in relation to an\norder for restitution or compensation made by a court before the\ncommencement day, the Registrar of the court may refer the matter\nto the Fines Recovery Unit.\n(2) If the matter is referred to the Fines Recovery Unit under\nsubsection (1), the Unit may:\n(a) enter into arrangements with the person for:\n(i) extending the time for payment of the whole amount; or\n(ii) paying the amount by instalments in the amounts, and at\nthe times, as the Unit specifies; or\n(b) make a fine enforcement order under section 50 in relation to\nthe person (whether or not an arrangement for further time to\npay has been entered into).\n(3) If, in relation to an amount payable under an order mentioned in\nsubsection (1), a warrant has been issued under the Justices\nAct 1928, Youth Justice Act 2005 or Sentencing Act 1995 but has\nnot been executed, the warrant is cancelled on the making of a fine\nenforcement order in relation to the amount.\n(4) If a matter mentioned in subsection (1) is not referred to the Fines\nRecovery Unit under that subsection, sections 94 to 96 of the\nSentencing Act 1995, as in force immediately before the\ncommencement day, continue to apply in relation to the matter as if\nthose provisions had not been amended or repealed by this Act.\n(5) In this section:\ncommencement day means the day on which section 27 of the\nFines and Penalties (Recovery) and Other Legislation Amendment\nAct 2011 commences.\n\nDivision 4 Transitional matters for Justice and Other Legislation Amendment Act 2024\nFines and Penalties (Recovery) Act 2001 75\nDivision 3 Transitional matters for Fines and Penalties\n(Recovery) Amendment Act 2015\n124 Definitions\nIn this Division:\namending Act means the Fines and Penalties (Recovery)\nAmendment Act 2015.\ncommencement means the commencement of the amending Act.\n","sortOrder":150},{"sectionNumber":"125","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"125 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":151},{"sectionNumber":"126","sectionType":"section","heading":"Amendment of Part 5","content":"126 Amendment of Part 5\nSubject to section 125, Part 5 of this Act, as amended by the\namending Act, applies in relation to a fine imposed or a penalty\nincurred before or after the commencement.\n","sortOrder":152},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for Justice and Other","content":"Division 4 Transitional matters for Justice and Other\nLegislation Amendment Act 2024\n","sortOrder":153},{"sectionNumber":"127","sectionType":"section","heading":"Application of sections 77, 77A and 77B","content":"127 Application of sections 77, 77A and 77B\n(1) Section 77, as in force immediately before the commencement,\ncontinues to apply in relation to a community work order made\nunder Part 5, Division 9 that is in force immediately before the\ncommencement.\n\nDivision 4 Transitional matters for Justice and Other Legislation Amendment Act 2024\nFines and Penalties (Recovery) Act 2001 76\n(2) For subsection (1), the reference to the Sentencing Act 1995 in\nsection 77(3)(b) is taken to be a reference to the Sentencing\nAct 1995 as in force immediately before the commencement of\n","sortOrder":154},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Sentencing and Other Legislation Amendment","content":"Part 2 of the Sentencing and Other Legislation Amendment\nAct 2022.\n(3) Sections 77, 77A and 77B, as in force after the commencement,\napply only in relation to community work orders made under Part 5,\nDivision 9 after the commencement.\ncommencement means the commencement of Part 3, Division 2,\n","sortOrder":155},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"of the Justice and Other Legislation Amendment","content":"Subdivision 6 of the Justice and Other Legislation Amendment\nAct 2024.\n\nFines and Penalties (Recovery) Act 2001 77\n1 KEY\nKey to abbreviations\namd = amended od = order\nbl = by-law om = omitted\nch = Chapter pt = Part\ndiv = Division r = regulation/rule\nexp = expires/expired renum = renumbered\nf = forms rep = repealed\nGaz = Gazette s = section\nhdg = heading sch = Schedule\nins = inserted sdiv = Subdivision\nlt = long title SL = Subordinate Legislation\nN/C = not commenced sub = substituted\n2 LIST OF LEGISLATION\nFines and Penalties (Recovery) Act 2001 (Act No. 59, 2001)\nAssent date 12 December 2001\nCommenced 1 January 2002 (Gaz G50, 19 December 2001, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice Legislation Amendment Act 2007 (Act No. 5, 2007)\nAssent date 24 April 2007\nCommenced s 37 (except amd of Criminal Code and Legal Profession Act\n2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance\nAct 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007,\np 7); rem: 24 April 2007\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nFines and Penalties (Recovery) and Other Legislation Amendment Act 2011 (Act\nNo. 43, 2011)\nAssent date 21 December 2011\nCommenced 1 March 2012 (Gaz S9, 21 February 2012)\n\nFines and Penalties (Recovery) Act 2001 78\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nFines and Penalties (Recovery) Amendment Act 2015 (Act No. 24, 2015)\nAssent date 18 September 2015\nCommenced 6 October 2015 (Gaz S100, 6 October 2015)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nAnimal Protection Act 2018 (Act No. 25, 2018)\nAssent date 22 November 2018\nCommenced 1 November 2022 (Gaz S55, 1 November 2022)\nAmending Legislation\nAnimal Protection Amendment Act 2022 (Act No. 19, 2022)\nAssent date 12 September 2022\nCommenced 13 September 2022 (s 2)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nFines and Penalties (Recovery) Amendment (Validation) Act 2024 (Act No. 22, 2024)\nAssent date 9 December 2024\nCommenced 10 December 2024 (s 2)\nFines and Penalties (Recovery) Legislation Amendment Act 2024 (Act No. 23, 2024)\nAssent date 9 December 2024\nCommenced 10 December 2024 (s 2 and s 2 Fines and Penalties\n(Recovery) Amendment (Validation) Act 2024 (Act No. 22,\n2024)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 6, 35, 60, 61, 62, 66M,\n68, 70, 72, 73, 74, 77, 78A, 84, 113, 120, 121, 122 and 123.\n\nFines and Penalties (Recovery) Act 2001 79\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 43, 2011, s 28\ns 3 amd No. 33, 2005, s 5; No. 43, 2011, ss 4 and 28; No. 9, 2016, s 103\ns 5 amd No. 33, 2005, s 5; No. 43, 2011, s 5; No. 19, 2014, s 26; No. 27, 2014,\ns 57; No. 24, 2015, s 4; No. 9, 2016, s 103; No. 25, 2018, s 130; No. 4, 2024,\ns 30\ns 6 amd No. 5, 2007 s 37; No. 43, 2011, s 6 and 28\ns 6A ins No. 24, 2015, s 5\ns 7 amd No. 33, 2005, s 5\ns 10 amd No. 43, 2011, s 28\ns 11 amd No. 12, 2010, s 3; No. 24, 2015, s 6\nss 12A – 12B ins No. 43, 2011, s 7\ns 13 amd No. 43, 2011, s 8\ns 14 amd No. 43, 2011, s 9\ns 15 amd No. 43, 2011, s 10\nss 16 – 17 amd No. 43, 2011, s 28\ns 19 amd No. 43, 2011, s 11\ns 20 amd No. 43, 2011, s 28\ns 22 amd No. 43, 2011, s 12\ns 24 amd No. 43, 2011, s 28; No. 9, 2016, s 103\ns 26 amd No. 43, 2011, s 13\ns 27 amd No. 23, 2024, s 4\ns 28 amd No. 43, 2011, s 14\ns 29 amd No. 43, 2011, s 28; No. 9, 2016, s 103; No. 23, 2024, s 5\ns 30 amd No. 23, 2024, s 6\ns 31 amd No. 43, 2011, s 28\nsub No. 23, 2024, s 7\ns 33 amd No. 12, 2010, s 3; No. 24, 2015, s 7\ns 34 amd No. 12, 2010, s 3; No. 43, 2011, s 28\nrep No. 24, 2015, s 8\nins No. 23, 2024, s 8\npt 5\ndiv 1 hdg amd No. 43, 2011, s 28\ns 35 amd No. 33, 2005, s 5; No. 43, 2011, s 15\ns 36 amd No. 23, 2024, s 9\ns 37 amd No. 43, 2011, s 16\nsub No. 23, 2024, s 10\ns 38 rep No. 23, 2024, s 10\ns 41 amd No. 43, 2011, s 28; No. 24, 2015, s 9; No. 23, 2024, s 11\nss 43 – 44 amd No. 43, 2011, s 28\ns 45 amd No. 43, 2011, s 17 and 28; No. 9, 2016, s 103\ns 46 amd No. 33, 2005, s 5; No. 9, 2016, s 103\ns 47 amd No. 43, 2011, s 28; No. 9, 2016, s 103\ns 48 amd No. 43, 2011, s 28; No. 9, 2016, s 103; No. 23, 2024, s 12\ns 48A ins No. 9, 2016, s 97\ns 51 amd No. 43, 2011, s 28\ns 53 amd No. 24, 2015, s 10; No. 23, 2024, s 13\ns 55 amd No. 43, 2011, s 28; No. 24, 2015, s 11\ns 57 amd No. 43, 2011, s 28\ns 58 amd No. 43, 2011, s 28; No. 23, 2024, s 14\ns 59 amd No. 43, 2011, s 28\nsub No. 23, 2024, s 15\ns 60 amd No. 43, 2011, s 18; No. 23, 2024, s 16\ns 61 amd No. 43, 2011, s 19 and 28; No. 23, 2024, s 17\ns 62 amd No. 43, 2011, s 20; No. 24, 2015, s 12; No. 23, 2024, s 18\ns 63 amd No. 43, 2011, s 28; No. 23, 2024, s 19\ns 64 sub No. 23, 2024, s 20\n\nFines and Penalties (Recovery) Act 2001 80\ns 66 amd No. 12, 2010, s 3; No. 43, 2011, s 28; No. 24, 2015, s 13\npt 5\ndiv 7A hdg ins No. 24, 2015, s 14\nss 66A – 66J ins No. 24, 2015, s 14\ns 66K ins No. 24, 2015, s 14\nrep No. 23, 2024, s 21\npt 5\ndiv 7B hdg ins No. 24, 2015, s 14\nss 66L – 66N ins No. 24, 2015, s 14\ns 68 amd No. 43, 2011, s 28; No. 9, 2016, s 98\ns 69 amd No. 40, 2010, s 118\ns 70 amd No. 9, 2016, s 99\ns 71 amd No. 9, 2016, s 102; No. 9, 2016, s 103\ns 72 amd No. 43, 2011, s 28; No. 9, 2016, s 100\ns 74 amd No. 43, 2011, s 28; No. 9, 2016, s 101\ns 76 amd No. 43, 2011, s 21 and 28; No. 27, 2014, s 57\ns 77 amd No. 33, 2005, s 5; No. 43, 2011, s 28; No. 4, 2024, s 31\nss 77A – 77B ins No. 4, 2024, s 32\ns 78 amd No. 27, 2014, s 57; No. 24, 2015, s 15\ns 78A ins No. 24, 2015, s 16\namd No. 9, 2016, s 102\ns 79 amd No. 27, 2014, s 57\ns 82 amd No. 27, 2014, s 57\ns 84 amd No. 33, 2005, s 5; No. 27, 2014, s 57; No. 4, 2024, s 33\ns 86 amd No. 27, 2014, s 57\ns 87 amd No. 33, 2005, s 5\ns 92 amd No. 27, 2014, s 57\ns 94 amd No. 27, 2014, s 57\npt 5\ndiv 11 hdg amd No. 43, 2011, s 28\ns 95 amd No. 43, 2011, s 28; No. 24, 2015, s 17; No. 23, 2024, s 22\ns 97 amd No. 4, 2007, s 7\ns 98 amd No. 27, 2014, s 57; No. 23, 2024, s 23\ns 99 amd No. 2010, s 3; No. 24, 2015, s 18\ns 99AA ins No. 23, 2024, s 24\npt 5\ndiv 12 hdg ins No. 22, 2024, s 4\nss 99A – 99B ins No. 22, 2024, s 4\ns 100 amd No. 43, 2011, s 28; No. 9, 2016, s 103\ns 102 amd No. 43, 2011, s 28\ns 103 amd No. 9, 2016, s 103\ns 105 amd No. 43, 2011, s 22 and 28\ns 106 amd No. 43, 2011, s 28\ns 107 amd No. 43, 2011, s 28; No. 9, 2016, s 103\npt 8 hdg amd No. 9, 2016, s 103\ns 108 amd No. 43, 2011, s 28; No. 9, 2016, s 103\ns 109 amd No. 9, 2016, s 103\npt 9 hdg amd No. 43, 2011, s 28\ns 109A ins No. 24, 2015, s 19\ns 110 amd No. 33, 2005, s 5\ns 112 amd No. 43, 2011, s 28\ns 113 amd No. 5, 2007 s 37; No. 43, 2011, s 23 and 28; No. 24, 2015, s 20; No. 9,\n2016, s 103; No. 23, 2024, s 25\ns 114 amd No. 43, 2011, s 24; No. 9, 2016, s 103; No. 23, 2024, s 26\ns 115 amd No. 43, 2011, s 25\ns 116 amd No. 43, 2011, s 28\ns 118 amd No. 27, 2014, s 57\ns 119 amd No. 43, 2011, s 28\n\nFines and Penalties (Recovery) Act 2001 81\npt 10 hdg amd No. 43, 2011, s 28\ndiv 1 hdg ins No. 43, 2011, s 26\ns 120 amd No. 43, 2011, s 28\ns 121 amd No. 33, 2005, s 5; No. 43, 2011, s 28; No. 27, 2014, s 57\ns 122 amd No. 43, 2011, s 28\ndiv 2 hdg ins No. 43, 2011, s 27\ns 123 ins No. 43, 2011, s 27\ndiv 3 hdg ins No. 24, 2015, s 21\nss 124 – 126 ins No. 24, 2015, s 21\ndiv 4 hdg ins No. 4, 2024, s 34\ns 127 ins No. 4, 2024, s 32","sortOrder":156}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded since its original enactment by later amendments recorded in the Act text. Notable scope additions include: the creation and expansion of specific enforcement powers such as vehicle immobilisation and publication of defaulters (ss66A–66J, ss66L–66N; inserted by later amendments noted in the endnotes), explicit inclusion of orders for restitution or compensation as recoverable monetary amounts (s6(1)(da)), and validation and transitional provisions dealing with prior enforcement action (ss99A–99B). The Unit’s functions have been clarified and broadened to allow it to act for enforcement agencies and other persons and to enforce fines from reciprocating courts (ss28(3)–(6), Part 6). The amendments also provide for electronic transmission and computer‑based decision processes (ss34, 98), and add procedural adjustments (for example new community work provisions ss77A–77B). These changes alter both the range of enforcement tools available and the administrative centralisation of recovery functions under the Fines Recovery Unit."},"complexity_factors":["Large number of enforcement mechanisms with distinct procedures (administrative enforcement orders, licence/registration suspension s60–62, immobilisation ss66A–66C, publication ss66L–66M, property seizure ss70–71, garnishee s72, statutory charge s73, community work orders ss77–82, imprisonment Div.10).","Multiple decision‑makers and delegations: Fines Recovery Unit/Director (ss27–30), enforcement agencies (ss12A–12B), Minister (s114), Registrar/Local Court roles (ss24, 46, 48).","Significant delegated rule‑making and prescribed amounts left to Regulations (s119) and prescribed enforcement costs referenced throughout (ss41, 53, 74, 78A).","Finality clauses and non‑reviewable administrative decisions (s12A(5), s25(5)) alongside statutory appeal/annulment routes (ss43–46) create uneven reviewability.","Interplay with other statutes and external agencies: Motor Vehicles Act (license/registration interactions ss60–66), Correctional Services (community work / imprisonment ss76–92), Youth Justice Act exceptions (s35(3)), reciprocal enforcement with other jurisdictions (Part 6).","Strict liability and criminal offences layered over civil enforcement (e.g. failure to give identity ss11, 33, 99; misleading information s109A).","Automation risk: decisions may be taken by computer programs treated as Unit decisions (s34), shifting the locus of error and auditability.","Transitional and validating provisions and a long amendment history (endnotes and Division 4 transitional matters) increase interpretive complexity for older enforcement actions (ss99A–99B)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- Mechanically, the Act establishes a dedicated Fines Recovery Unit (the Unit) and gives it powers and duties to collect and enforce payment of monetary penalties that arise from Territory infringement notices and court fines, and related enforcement costs (see sections 27–28, 3 and 6). The Unit is run by a Director (s29) who may delegate powers (s29(4)) and may use computer programs whose outputs are taken to be Unit decisions (s34). The Act also sets out a range of enforcement tools: administrative enforcement orders, licence or registration suspensions, vehicle immobilisation, publication of defaulters' names, civil enforcement (property seizure, garnishee orders, charges on land), community work orders, and imprisonment in limited circumstances (Parts 4–5, Divisions 2, 7, 7A, 7B, 8–10).\n\n- The Act’s stated purpose (the long title) is to establish a fines recovery unit and to provide for the enforcement of fines and penalties. That purpose is implemented by (a) making penalties payable to enforcement agencies or the Territory and allowing the Unit to convert unpaid penalties and fines into enforcement orders (see s12, s36, s49–50); (b) giving the Unit routine administrative decision‑making powers (e.g. make enforcement orders without notice (s37(3), s50(2)), allow time to pay (ss25–26, 12A–12B, 95), and annul or withdraw orders (ss43–47, 58)); and (c) enabling the Unit to recover prescribed enforcement costs in addition to the principal amounts (ss41, 53, 74, 78A).\n\n- Who pays: the person (or body corporate) liable for the fine or penalty (a \"fine defaulter\") must pay the penalty or fine plus any prescribed enforcement costs or bailiff costs once enforcement action proceeds (see ss12, 40–41, 52–53, 74, 78A). Money recovered is payable to the Unit and is allocated under a statutory priority scheme (ss97, 111–113).\n\n- Who decides: the Unit (via the Director or delegates) makes most administrative enforcement decisions (ss27–30, 34). Enforcement agencies issue infringement notices and may initially deal with payment or time‑to‑pay applications (s12A–12B). The Minister can issue guidelines and the Administrator (via Regulations) prescribes many details including prescribed amounts (ss114, 119). Some Unit decisions are final and not reviewable (for example decisions under s12A(5) and s25(5) are final).\n\n- Key behavioural effects the Act creates:\n  - Paying on time avoids escalation to enforcement orders and additional prescribed enforcement costs (ss13, 14, 15–19, 40–41).\n  - A recipient of an infringement notice may elect to have the matter dealt with by a court instead of by administrative enforcement (s21). Election triggers ordinary court prosecution timelines (s22).\n  - Persons can apply for further time or instalments; the Unit or enforcement agency may grant, amend or revoke such arrangements, and failure to meet instalments can trigger immediate enforcement (ss12A–12B, 25–26, 95).\n  - If the Unit makes enforcement orders and the defaulter does not pay, a range of coercive actions may follow: licence suspension (s60), vehicle registration suspension (s61), immobilisation (ss66A–66C), publication of name/suburb/amount (ss66L–66M), property seizure, garnishee of wages or debts, statutory charge on land (Div. 8), community work orders (Div. 9), and in limited cases imprisonment tied to revoked community work orders (Div. 10).\n\n- Practical trade‑offs and implementation features to note (source‑grounded):\n  - Concentrated benefits and revenue streams: the Unit and approved service providers (for example bailiffs) are authorised to recover enforcement and service costs specified or prescribed in the Act (ss28(2)(a), 41(2), 53(2), 74, 78A). Those recovered amounts are payable to the Territory or to the bailiff as prescribed (ss41(2), 74(4)). This creates direct financial returns to agents who execute enforcement.\n  - Diffuse costs and compliance burden: fine defaulters face additional prescribed enforcement costs, potential loss of driving or registration rights (ss60–62), vehicle immobilisation (66C), publication of identifying details (66M) and possible seizure or garnishee measures (ss70–73). Individuals may be required to provide personal identity and financial information to enforcement officers or the Unit (s11, s33, s68). Non‑compliance offences are in several places strict liability with specified maximum penalties (e.g. ss11(3) and (4), 33(3) and (4), 99(3) and (4)).\n  - Administrative discretion and finality: the Unit can make enforcement orders in the absence of and without prior notice to the person (ss37(3), 50(2), 70(3)), stay enforcement subject to conditions (s44(3), s46(3)), annul orders on prescribed grounds (ss43–44) and in some instances its decisions are expressly final and unreviewable (s12A(5), s25(5)). The Minister issues compliance guidelines the Unit must follow but failure to follow guidelines does not invalidate decisions (s114(4)). These features concentrate decision authority within the Unit and create de‑facto administrative finality in some processes.\n  - Enforcement costs and regulation: many enforcement cost amounts and other operational rules are prescribed by regulation (see s119 and the multiple references to \"prescribed amount\" in ss41, 53, 73, 80). That means detailed fees and thresholds are determined by subordinate instruments rather than the Act text itself.\n  - Interaction with courts and rights to contest: a person served with an infringement notice can elect to go to court (s21). If a penalty enforcement order is annulled, the Unit must either take payment or refer the matter to the Local Court for hearing (ss45–48). The Act preserves the ability of courts to decide guilt and sentence (ss22, 48). When the Unit refuses an annulment application, the applicant may apply to the Local Court (s46).\n  - Implementation risks and automation: the Director may use computer programs to make decisions and those decisions are taken to be Unit decisions (s34). That shifts implementation risk from individual human decision‑makers to program outputs, while keeping legal responsibility at the Unit/Director level.\n\n- Effects on private choice and market actors:\n  - For individuals: the Act changes the cost of non‑payment (additional fees, risk of licence suspension, immobilisation, publication, civil enforcement and in limited cases imprisonment). It creates incentives to either pay, seek instalments/time‑to‑pay, or elect court proceedings (ss12, 12A–12B, 21, 25–26, 95).\n  - For small businesses and bodies corporate: enforcement can include garnishee orders and statutory charges on land (ss72–73), and Part 6 provides for reciprocal enforcement of corporate fines across jurisdictions (ss100–104). Those measures affect asset and cash‑flow management of corporate entities.\n\n- Where costs and discretion fall, concretely:\n  - The fine defaulter ultimately bears the principal amount plus prescribed enforcement costs and bailiff costs if enforcement proceeds (ss12, 40–41, 52–53, 74, 78A).\n  - The Fines Recovery Unit decides how and when to enforce (ss27–30, 34, 37, 50), and may act for enforcement agencies, other persons entitled to restitution, or reciprocating courts (ss28(4)–(6), 102–103).\n  - The Minister and Administrator set guidelines and regulations that shape the Unit’s exercise of powers, fees, and service methods (ss114, 119).\n\n- Notice, review and appeals: some administrative routes exist—applications for annulment (ss43–46) or for time to pay (ss12A, 25, 95). Yet some Unit decisions are final (s12A(5); s25(5)), while others may be judicially reviewed or appealed to the Local Court as provided (s46). Cause‑based annulment criteria are set out (s44) but the Unit decides whether circumstances meet them (s44(1)).\n\n- Key statutory protections and limits: youth‑specific rules (no infringement notices if person was under 14 at time of alleged offence (s7); special handling and notification of parents/guardians (s110)); limits on immobilisation (s66D), exemptions from publication (s66M(2)), and requirements that certain enforcement steps be taken only if prescribed thresholds are met (ss66A(b), 66L(b)).\n\nSummary of consequences: the Act moves much of the front‑line recovery of fines and penalties from courts and disparate agencies to a dedicated administrative Unit empowered to take a wide range of enforcement actions, recover prescribed costs, and prioritise recovery in specified ways. That centralises decision‑making in a small administrative body (Director/Unit), enlarges the menu of non‑payment consequences available to the Territory, and creates statutory procedures for time‑to‑pay, instalments, annulment and, in limited cases, court involvement (see Parts 3–5)."},"kimi_summary":{"_metrics":{"completionTokens":886},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2001 scope. Major additions include: vehicle immobilisation powers (2015), public naming of fine defaulters (2015), community work orders with detailed compliance regimes (2024 amendments), and validation provisions for defective enforcement orders (2024). The 2011 amendments added restitution/compensation orders and extended time-to-pay arrangements. The 2024 amendments also restructured community work order provisions, creating transitional complexities. What began as a fines collection mechanism now encompasses multiple punitive enforcement tools and public shaming measures."},"complexity_factors":["119 sections across 10 Parts with 12 Divisions, creating a highly fragmented structure","47+ defined terms in section 5, many cross-referencing other Acts","Nested conditional logic: enforcement actions trigger only after multiple preconditions (unpaid → courtesy letter → enforcement order → specific enforcement divisions)","Multiple enforcement pathways (7 Divisions in Part 5) with different thresholds and procedures","Extensive cross-referencing to other NT legislation: Motor Vehicles Act 1949, Youth Justice Act 2005, Sentencing Act 1995, Local Court Act 2015, Bail Act, Correctional Services Act 2014, etc.","Complex allocation rules for payments received (section 113 has 9-tier priority system)","Transitional provisions spanning 4 separate amending Acts with different commencement dates","Strict liability offences with statutory defences (sections 11, 33, 66J, 99)","Validation provisions (Division 12) that retrospectively validate potentially defective orders"],"plain_english_summary":"This Northern Territory law creates a **Fines Recovery Unit** — a government body that collects unpaid fines and penalties, and has extensive powers to force people to pay.\n\n**What it covers:**\n- **Infringement notices** (on-the-spot fines for things like speeding or parking)\n- **Court-imposed fines** (monetary penalties ordered by a judge)\n- **Forfeited bail** (when someone fails to show up for court)\n- **Restitution and compensation orders** (money a court orders an offender to pay a victim)\n\n**How the system works:**\n1. **First chance:** You get an infringement notice or court fine with time to pay (usually 28 days)\n2. **Second chance:** If unpaid, you may get a \"courtesy letter\" warning of consequences\n3. **Enforcement orders:** If still unpaid, the Fines Recovery Unit makes an order against you\n4. **Escalating enforcement:** The Unit can then:\n   - **Suspend your driver's licence** or **vehicle registration**\n   - **Immobilise your car** (attach a wheel lock for up to 7 days)\n   - **Publish your name** on a public website (if you owe more than a set amount)\n   - **Seize your property** or **garnishee your wages** (take money from your employer)\n   - **Register a charge on your land**\n   - **Order community work** — unpaid work to \"work off\" your debt\n   - **Imprison you** — as a last resort, up to 3 months\n\n**Key protections:**\n- You can **elect to go to court** instead of paying an infringement notice\n- You can **apply for more time** or **payment by instalments**\n- You can **apply to annul** (cancel) a penalty enforcement order if you had good reason for not paying\n- **Children under 14** cannot receive infringement notices\n- **Youths** (under 18) have special protections and parents must be notified\n- **Protected persons** (domestic violence victims) cannot have their names published\n\n**Why it matters:** This is one of the most coercive debt collection schemes in Australian law. It treats unpaid fines as a serious matter with consequences that can affect your ability to drive, work, and even your liberty. The law prioritises recovering money for government and enforcement agencies, but includes safeguards to ensure people aren't unfairly punished if they genuinely couldn't pay or didn't know about the fine."}},"importantCases":[],"_links":{"self":"/api/acts/fines-and-penalties-recovery-act-2001","history":"/api/acts/fines-and-penalties-recovery-act-2001/history","analysis":"/api/acts/fines-and-penalties-recovery-act-2001/analysis","conflicts":"/api/acts/fines-and-penalties-recovery-act-2001/conflicts","importantCases":"/api/acts/fines-and-penalties-recovery-act-2001/important-cases","documents":"/api/acts/fines-and-penalties-recovery-act-2001/documents"}}