NSWIn ForceAct
Fines Act 1996
108IEffect of amendment or withdrawal of interstate fine enforcement orders
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#### 108I Effect of amendment or withdrawal of interstate fine enforcement orders
108I Effect of amendment or withdrawal of interstate fine enforcement orders
> > (1) If an interstate fine enforcement order is amended—
> >
> > > (a) the order continues to have effect in its amended form, and
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> > > (b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under the order (as amended), a NSW fine enforcement order or another interstate fine enforcement order, and
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> > > (c) any amount that has already been paid under the order is taken to have been paid under the order (as amended), and
> >
> > > (d) any excess amount paid is repayable to the person by whom it was paid.
>
> > (2) If an interstate fine enforcement order is withdrawn completely—
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> > > (a) the order then ceases to have effect, and
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> > > (b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under a NSW fine enforcement order or another interstate fine enforcement order, and
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> > > (c) enforcement costs are not payable under the order, and
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> > > (d) any excess amount paid is repayable to the person by whom it was paid.
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> > (3) If an interstate fine enforcement order is partially withdrawn to the extent that it applies to a particular fine—
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> > > (a) the order continues to have effect in respect of the remaining interstate fines to which it applies, and
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> > > (b) any excess amount paid is repayable to the person by whom it was paid.
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> > (4) The withdrawal of an interstate fine enforcement order does not prevent the making of a further order in respect of the interstate fine.
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> > (5) In this section, an excess amount paid is any amount paid in excess of the total of the following—
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> > > (a) the enforcement costs (if any) payable under the interstate fine enforcement order,
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> > > (b) the amounts payable under any NSW fine enforcement orders in force in relation to the offender,
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> > > (c) if the interstate fine enforcement order is amended or partially withdrawn, the amount payable under the order as in force after its amendment or partial withdrawal.
>
> **s 108I:** Ins 2013 No 82, Sch 1 \[43\].