NSWIn ForceAct
Fines Act 1996
58Summary of enforcement procedure
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#### 58 Summary of enforcement procedure
58 Summary of enforcement procedure
> > (1) The following is a summary of the enforcement procedure under this Part following the making of a fine enforcement order—
> >
> > > (a) Service of fine enforcement order
> > >
> > > Notice of the fine enforcement order is served on the fine defaulter and the fine defaulter is notified that if payment is not made enforcement action will be taken (see Division 2).
> >
> > > (b) Licence and registration enforcement action
> > >
> > > If the fine is not paid within the period specified, Transport for NSW takes action against the fine defaulter’s driver licence, vehicle registration, visitor privileges or marine safety licence (see Division 3).
> >
> > > (c) Civil enforcement
> > >
> > > Civil enforcement action in the form of a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter is taken if enforcement action under Division 3 is unavailable or unsuccessful, or if the Commissioner is satisfied that civil enforcement action is preferable (see Division 4).
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> > > (d) Order requiring community service
> > >
> > > If civil enforcement action is not successful, an order requiring community service is served on the fine defaulter (see Division 5).
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> > > (e) (Repealed)
> >
> > > (f) Fines payable by corporations
> > >
> > > The procedures for fine enforcement (other than orders requiring community service work) apply to fines payable by corporations (see Division 7).
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> > > (g) Fine mitigation
> > >
> > > A fine defaulter may seek further time to pay and the Commissioner may write off unpaid fines or make a work and development order in respect of the fine defaulter for the purposes of satisfying all or part of the fine. Applications for review may be made to the Hardship Review Board (see Division 8).
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> > (2) This section does not affect the provisions of this Part that it summarises.
>
> **s 58:** Am 1998 No 99, Sch 1.4 \[2\] \[3\]; 2004 No 43, Sch 1 \[27\]; 2008 No 110, Sch 1 \[21\]; 2010 No 48, Sch 5.10 \[1\]; 2011 No 41, Sch 5.6 \[1\]; 2013 No 82, Sch 1 \[5\]; 2016 No 13, Sch 1 \[6\]; 2017 No 6, Sch 1 \[3\]; 2017 No 53, Sch 4.19 \[2\]; 2022 No 16, Sch 2\[4\]–\[6\].