Fines Act 1996 No 99

Currency

As amended to Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (No 53). Sch 4.19 commenced 24 September 2018. Current to 28 September 2018.

Jurisdiction

Section 127: Proceedings for an offence against the Act or the regulations are to be disposed of summarily before the Local Court.

Note:

The Fines Amendment Act 2016 (No 13) (commenced 1 June 2016) addresses the position where a fine is paid before an offence nomination is made either by or for the nominated person or in any other case (ss 23AA, 23AB), This provides a discretion in an “appropriate officer” to reverse the recording of demerit points against a person to whom the original notice was issued and in some circumstances the repayment of the fine. This modifies the former approach where the payment of a fine was effectively treated as a plea of guilty by the person to whom the original notice was issued. It is not clear whether it is contemplated that a refusal to exercise this discretion can be subject to appeal or review in the Local Court.

SECTION DESCRIPTION PENALTY (MAX)
38(3B) Fail to provide statutory declaration re name of driver within 7 days Corp 100 pu;

Indiv 50 pu

38(3E) Make false statement as to driver of motor vehicle at time of offence Indiv 200 pu;

Other 100 pu

104(3) Fail to comply with requirement by Sheriff to person suspected of being fine defaulter to state name and address 10 pu
117B(1) Person engaged in administration disclose personal information 100 pu