Section 42 - Fines Act 1996 - When a penalty notice enforcement order may be made

42When a penalty notice enforcement order may be made

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42 When a penalty notice enforcement order may be made

(1) A penalty notice enforcement order may be made only if—

(a) a penalty notice has been issued to a person in relation to a particular offence referred to in the order, and

(a1) there is no review under Division 2A in progress, and

(b) a penalty reminder notice has been served on the person—

(i) after the end of the time specified in the penalty notice as the time within which the amount payable under the notice may be paid, or

(ii) if a review has been conducted under Division 2A, after that review, and

(c) the due date specified in the penalty reminder notice has passed, and

(d) the full amount payable under the penalty notice had not been paid before the order is made, and

(e) the person has not, in accordance with this Part, declined to be dealt with under this Part, and

(f) a court attendance notice in relation to the offence has not been issued, and

(g) (Repealed)

(h) the facts as alleged in or referred to in the order constitute the offence.

(1AA) The Commissioner may also make a penalty notice enforcement order, in respect of an amount owed by a person under a penalty notice, if the Commissioner receives an application by the person for a work and development order or time to pay order in relation to the amount.

(1BB) The Commissioner must not make a penalty notice enforcement order referred to in subsection (1AA) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person.

(1CC) On the making of an order under subsection (1AA), the person who has been issued with the penalty notice to which the order relates can no longer elect to have the matter dealt with by a court under section 23A or 36.

Note.

See Division 5 for the circumstances in which the Local Court may deal with matters relating to penalty notice enforcement orders.

(1A) A penalty notice enforcement order may not be made later than—