98Penalty for offence may be remitted

### 98 Penalty for offence may be remitted > > (1)  The Governor may – > > > > > > (a) remit, in whole or in part, a sum of money that is imposed under an enactment as a penalty or forfeiture; and > > > > > > > (b) order the discharge from prison of a person who is imprisoned for non-payment of a sum of money so imposed. > > > (2)  [Subsection (1)](#GS98@Gs1@EN) has effect even if the sum is, in whole or in part, payable to a party other than the Crown. > > > (3)  Where a sum of money imposed on a person under an enactment as a penalty or forfeiture is remitted by the Governor, the sum, if already paid, is to be repaid to that person as soon as practicable and, in default of such repayment, the sum is recoverable by that person in a court of competent jurisdiction. > > > (4)  [*\[Section 98 Subsection (4) amended by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2000-054#JS4@Ja12@GC1@EN) The provisions of [subsection (3)](#GS98@Gs3@EN) are in addition to, and not in substitution for, the right of the person referred to in that subsection to apply to the Supreme Court for an order of review under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) to compel repayment of the sum of money. > > > (5)  A notification, signed by any Minister, that a sum of money has been remitted by the Governor is – > > > > > > (a) sufficient evidence that the sum has been so remitted; and > > > > > > > (b) sufficient authority to repay the sum to the person from whom it was recovered.