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Fines and Penalties (Recovery) Act 2001
35Application and interpretation
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35 Application and interpretation
(1) The Fines Recovery Unit may take action under this Part in relation
to the enforcement of:
(a) an outstanding fine imposed by a court; or
(b) an outstanding penalty under an infringement notice,
and enforcement costs arising under this Act.
(2) In this Part:
outstanding fine means the amount of a fine that has not been
paid:
(a) within the time specified in section 23; or
(b) in accordance with arrangements made under section 26(2)
for further time to pay the fine.
Fines and Penalties (Recovery) Act 2001 18
outstanding penalty under an infringement notice:
(a) means the amount of a penalty that has not been paid:
(i) within the time specified in the courtesy letter sent in
relation to the infringement notice; or
(ii) in accordance with arrangements made under
section 12B(2) for further time to pay the penalty; and
(b) includes the prescribed costs in relation to the issue of the
courtesy letter.
(3) This Part applies despite anything in the Youth Justice Act 2005
except that the provisions of this Part relating to the hearing or
determination of an alleged offence on the annulment of a penalty
enforcement order are subject to that Act.
(4) This Part may be used to enforce the payment of an outstanding
penalty under an infringement notice:
(a) even if the law under which the infringement notice was issued
does not specifically provide for enforcement of the notice;
and
(b) despite that the law under which the infringement notice was
issued contemplates that a person who fails to pay the
infringement penalty is to be prosecuted for the offence
specified in the infringement notice.