65When enforcement action taken under this Division

#### 65 When enforcement action taken under this Division 65 When enforcement action taken under this Division > > (1) Enforcement action is to be taken against a fine defaulter under this Division if— > > > > > (a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or > > > > > (b) the Commissioner has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or > > > > > (c) the Commissioner has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Commissioner. > > > (2) Transport for NSW is to take that enforcement action when it is directed by the Commissioner to do so. > > > (3) Despite subsections (1) and (2), enforcement action is not to be taken under this Division if— > > > > > (a) the offence— > > > > > > > (i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or > > > > > > > (ii) in respect of which the penalty notice from which the fine concerned arises was issued to the fine defaulter, > > > > > > occurred while the fine defaulter was under the age of 18 years, and > > > > > (b) the offence is not a traffic offence. > > > (3A) (Repealed) > > > (4) Transport for NSW is to cease enforcement action when directed to do so by the Commissioner. > > > (4A) If Transport for NSW has taken fine enforcement action against a fine defaulter who is granted a first extension of time under this Act for payment of the fine, and the fine defaulter pays 6 instalments in accordance with the extension of time— > > > > > (a) the Commissioner must direct Transport for NSW to cease the enforcement action, and > > > > > (b) Transport for NSW is to cease the enforcement action. > > > (4B) The Commissioner may direct Transport for NSW to recommence enforcement action in respect of a fine defaulter referred to in subsection (4A) if the fine defaulter fails to pay any further instalment in accordance with the extension of time to pay. > > > (5) The Commissioner may direct Transport for NSW to cease enforcement action under this Division even if a fine defaulter has not paid all outstanding fines under any fine enforcement order. > > > (6) In this section— > > > > traffic offence means— > > > > > (a) an offence arising under a provision of the following Acts in respect of the use, standing or parking of a motor vehicle— > > > > > > > (i) the road transport legislation (within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) or the former road transport legislation (within the meaning of Part 2 of Schedule 4 to that Act), > > > > > > > (ii) the [Roads Act 1993](/view/html/inforce/current/act-1993-033), > > > > > > > (iii) the [Motor Vehicles (Third Party Insurance) Act 1942](/view/html/inforce/current/act-1942-015), > > > > > > > (iv) the [Recreation Vehicles Act 1983](/view/html/inforce/current/act-1983-136), or > > > > > (b) an offence arising under a provision of any other law in respect of the standing or parking of a motor vehicle. > > Note. > > If the fine defaulter does not hold a driver licence, is not a visitor driver or is not the registered operator of a vehicle, civil enforcement action can be taken instead. In addition, civil enforcement action can be taken instead if the Commissioner is satisfied that civil enforcement action is preferable (see section 71) or if the fine defaulter is a body corporate (see section 99). > > **s 65:** Am 1997 No 121, Sch 1 \[3\]; 1998 No 35, Sch 1 \[20\]; 1998 No 99, Sch 1.4 \[6\] \[7\]; 1998 No 172, Sch 2 \[2\] \[3\]; 2004 No 43, Sch 1 \[30\]–\[32\]; 2005 No 11, Sch 3.13 \[2\]; 2009 No 51, Sch 2 \[10\]; 2011 No 41, Sch 5.6 \[1\]; 2013 No 19, Sch 4.21 \[10\]; 2013 No 82, Sch 1 \[5\] \[20\] \[21\]; 2016 No 39, Sch 1 \[16\]; 2017 No 6, Sch 1 \[4\]; 2022 No 16, Sch 2\[8\] \[9\].