694Application of penalties

#### 694 Application of penalties 694 Application of penalties > > (1) Any penalty, fine or forfeiture imposed under any Act, or imposed for a contempt of a court order to remedy or restrain a breach of this Act or any other Act, and recovered in proceedings instituted by the council is— > > > > > (a) to be paid to the council, and > > > > > (b) to be allocated by the council to the council’s consolidated fund. > > > (1A) In subsection (1)— > > > > breach of this Act or any other Act means— > > > > > (a) a contravention of or failure to comply with this Act or any other Act, or > > > > > (b) a threatened or an apprehended contravention of or a threatened or apprehended failure to comply with this Act or any other Act. > > > > this Act or any other Act includes a regulation or other instrument made under this Act or any other Act. > > > (2) Any penalty, fine or forfeiture under this Act or the regulations recovered in proceedings instituted by a police officer or by a person employed in the Ministry of Health is to be paid to the Consolidated Fund referred to in section 39 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032). > > > (3) The Treasurer may enter into an arrangement with the council of Sydney, North Sydney or South Sydney with respect to the allocation of any money paid or payable to the council from penalties and fines for parking and related offences recovered in proceedings instituted by the council. > > > (4) Any money to which such an arrangement applies is to be apportioned between the council and the State in accordance with the arrangement and— > > > > > (a) as to the council’s portion, is to be retained in the council’s consolidated fund for use by the council, and > > > > > (b) as to the State’s portion, is to be paid to the Consolidated Fund referred to in section 39 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032). > > > (5) In this section— > > > > > (a) a reference to proceedings instituted by the council includes— > > > > > > > (i) a reference to proceedings instituted under the direction or on behalf or for the benefit of the council, and > > > > > > > (ii) a reference to penalty notices issued by or under the direction or on behalf or for the benefit of the council, and > > > > > (b) a reference to a parking or related offence is a reference to an offence that is declared by the regulations to be a parking or related offence for the purposes of this section. > > **s 694:** Am 2002 No 31, Sch 1 \[1\] \[2\]; 2002 No 40, Sch 1 \[30\] \[31\]; 2015 No 37, Sch 2 \[12\].