71When enforcement action taken under this Division

#### 71 When enforcement action taken under this Division 71 When enforcement action taken under this Division > > (1) Enforcement action is to be taken against a fine defaulter under this Division if the fine defaulter has not paid the fine as required by the notice of the fine enforcement order served on the fine defaulter and— > > > > > (a) enforcement action is not available under Division 3, or > > > > > (b) the fine remains unpaid 21 days after the Commissioner directed Transport for NSW to take enforcement action under Division 3. > > > (1A) Enforcement action may be taken under this Division before or without taking action under Division 3 if the fine defaulter is an individual and the Commissioner is satisfied that civil enforcement action is preferable because, having regard to any information known to the Commissioner about the personal circumstances of the fine defaulter— > > > > > (a) enforcement action under Division 3 is unlikely to be successful in satisfying the fine, or > > > > > (b) enforcement action under Division 3 would have an excessively detrimental impact on the fine defaulter. > > > (1B) The Commissioner may decide that civil enforcement action is preferable in the absence of, and without giving notice to or making inquiries of, the fine defaulter. > > > (2) Enforcement action may be taken under this Division by means of a property seizure order, a garnishee order or a charge on land, or by all or any combination of those means. > > Note. > > If enforcement action under this Division has not been or is unlikely to be successful in satisfying the fine, enforcement action can be taken against the fine defaulter under Division 5 (Community service orders). > > **s 71:** Am 1997 No 121, Sch 1 \[9\]; 1998 No 35, Sch 1 \[24\] \[25\]; 1998 No 99, Sch 1.4 \[14\]; 2016 No 13, Sch 1 \[10\]; 2017 No 6, Sch 1 \[5\]; 2022 No 16, Sch 2\[13\].