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Fines and Penalties (Recovery) Act 2001
113Allocation of monies
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113 Allocation of monies
(1) If an enforcement order is satisfied by means other than by
payment of the full amount payable, or if money is to be disbursed
prior to complete satisfaction of the order, any money that has been
received by the Fines Recovery Unit in relation to the order is to be
allocated as follows:
(aa) first – to the payment of any order for restitution or
compensation (and if there is more than one such order –
rateably between those orders);
(a) next – to the payment of bailiff costs and expenses under
section 74 or 78A;
(b) next – to the payment of any costs incurred by the Unit in
taking enforcement action under Division 8 of Part 5;
(c) next – to the payment of any bailiff costs and expenses not
covered by paragraph (b);
(d) next – to the payment of any prescribed amounts payable in
relation to enforcement action taken by the Fines Recovery
Unit under Division 7 of Part 5;
(e) next – to the payment of prescribed amounts payable to the
Unit for the making of the enforcement order;
Fines and Penalties (Recovery) Act 2001 68
(f) next – to the payment of witness expenses payable by the fine
defaulter under an order of a court in proceedings for an
offence that were brought by a law enforcement officer;
(g) next – to the payment of the levy payable under Part 6 of the
Victims of Crime Assistance Act 2006;
(h) next – to the payment of court costs (including expenses or
disbursements) payable by the fine defaulter under an order of
a court in proceedings for an offence that were brought by a
law enforcement officer;
(i) the residue, if any:
(i) in the case of a fine enforcement order (including an
order for the enforcement of a forfeited bail
undertaking) – to the payment of the fine or fines
concerned; and
(ii) in the case of a penalty enforcement order – to the
enforcement agency in payment of the prescribed costs
for issuing a courtesy letter and then to payment of the
penalty amount under the infringement notice or notices
concerned.
(2) If more than one enforcement agency is to receive the residue
under subsection (1)(i), the available money is to be allocated
between the enforcement agencies to pay the prescribed costs for
each to issue courtesy letters, the remainder being allocated
rateably between the agencies according to the relative penalty
amounts payable under the infringement notices concerned.