44Enforcement costs under penalty notice enforcement order

#### 44 Enforcement costs under penalty notice enforcement order 44 Enforcement costs under penalty notice enforcement order > > (1) The regulations may prescribe the enforcement costs payable under a penalty notice enforcement order and an amount is not payable for enforcement costs unless it is so prescribed or is payable under section 76A (Sheriff’s additional costs of taking enforcement action under this Division). > > > (2) The following applies to any such enforcement costs— > > > > > (a) an amount may be prescribed as the enforcement costs payable to the Commissioner on the making of the order, > > > > > (b) an amount may be prescribed as the enforcement costs payable to Transport for NSW if any enforcement action is taken by Transport for NSW under Division 3 of Part 4 before payment is made under the order, > > > > > (c) an amount may be prescribed as the enforcement costs payable into the Consolidated Fund if any civil enforcement action is taken by the Sheriff or other official before payment is made under the order. > > > (3) Any amount recovered in consequence of the making of a penalty notice enforcement order is to be applied firstly towards enforcement costs payable under this section or section 76A and the balance towards the amount payable under the penalty notice. > > **s 44:** Am 1998 No 35, Sch 1 \[14\] \[15\]; 2011 No 41, Sch 5.6 \[1\] \[2\]; 2013 No 82, Sch 1 \[5\]; 2017 No 6, Sch 1 \[2\].