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Fines and Penalties (Recovery) Act 2001
111Allocation of surplus money
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111 Allocation of surplus money
If money has been paid to an enforcement agency in expiation of
an alleged offence and the relevant infringement notice is
withdrawn or the enforcement agency otherwise comes to hold
surplus money in relation to an infringement notice issued to a
person, the money is to be dealt with as follows:
(a) if the same person is the subject of another infringement
notice issued by the same enforcement agency and the
amount payable under that infringement notice has not been
paid within the period specified – the money that is being held
by the enforcement agency may be credited against the
amount owing for the overdue notice;
(b) if there are more than one overdue infringement notices – the
money may be credited against the oldest notice;
(c) if there are no overdue infringement notices but the
enforcement agency has issued another infringement notice
that is not paid but is not overdue – the enforcement agency
may hold the surplus money until the penalty under the notice
is paid and, if the penalty under the unpaid notice is not paid
within the period specified, may credit the money that is being
held against that infringement notice when it becomes
overdue;
(d) if there are no overdue infringement notices and no
infringement notices issued but unpaid – the enforcement
agency that is holding the money must forward the money to
the Fines Recovery Unit to be dealt with under section 112.