108MCommissioner may request enforcement of NSW fine enforcement order

#### 108M Commissioner may request enforcement of NSW fine enforcement order 108M Commissioner may request enforcement of NSW fine enforcement order > > (1) The Commissioner is authorised— > > > > > (a) to make a request in accordance with the law of a participating jurisdiction for the enforcement in that jurisdiction of a NSW fine enforcement order, and > > > > > (b) to request the amendment or withdrawal of enforcement action in that jurisdiction in accordance with the law of the participating jurisdiction, and > > > > > (c) to exercise the functions of a fine enforcement officer under Part 7 of the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth. > > > (2) The Commissioner may make a request for the enforcement of a NSW fine enforcement order in a participating jurisdiction only if— > > > > > (a) the liability of the offender to pay the NSW fine to which the NSW fine enforcement order applies has not been fully discharged, and > > > > > (b) the Commissioner is satisfied that enforcement action under this Act has not been successful or is likely to be unsuccessful, and > > > > > (c) there is reason to believe that the offender has a relevant connection with the participating jurisdiction, and > > > > > (d) no other enforcement action is being taken in relation to the order in any other participating jurisdiction. > > > (3) Subsection (2) does not affect any additional requirements that apply to a request for registration of a fine under Part 7 of the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth. > > > (4) The Commissioner may enter into arrangements with a participating jurisdiction for the payment to the Commissioner or the Commissioner’s nominee of any amounts that are recovered in that jurisdiction in the enforcement of a NSW fine enforcement order. > > > (5) Any amount recovered as a consequence of the enforcement in another jurisdiction of a NSW fine enforcement order (other than for enforcement costs) is to be dealt with as if the amount was paid on the imposition of the NSW fine. > > > (6) For the purposes of this section, a request for registration of a NSW fine in another jurisdiction under Part 7 of the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth is taken to be a request for enforcement of a NSW fine enforcement order. > > **pt 5A, div 4 (ss 108M–108P):** Ins 2013 No 82, Sch 1 \[43\].