When dealing with minor offences in New South Wales, the government can issue a fine in the form of a penalty notice NSW. Penalty notices in NSW are applicable for offences such as:
- littering offences
- fare evasions
- failing to vote in elections, and etc.
Apart from penalty notice NSW, local courts can issue a court-enforced fine for minor offences. According to Section 20 of the Fines Act 1996 (NSW), a penalty notice issued under a statutory provision to the effect that:
- The person to whom the notice is issued has committed the penalty notice offence specified in the notice, and
- If the person does not want the court to determine the matter, they may pay the amount for the offence in the notice. The person must pay within the time specified and to the person authorized in the notice.
Authorities like NSW Police officers or the government can issue a penalty notice in NSW for certain traffic offences. Most importantly, these are applicable for minor offences that are one-off incidents, and a penalty notice in NSW can then be used as a deterrent. Depending on the offence, they can issue either a minimum or maximum penalty.
For example, for fare evasion, a Transport NSW officer can issue a fine to someone who is travelling without a valid ticket on public transport. Fare evasion occurs when a person fails to tap on or tap-off while using public transport like Sydney trains. Moreover, NSW local councils can issue fines for littering offences. The NSW Electoral Commission can issue a fine if someone fails to vote in an election.
In this article, we will discuss the topic of penalty notice in NSW including notices for traffic offences, the process of reviewing a penalty notice NSW, and other relevant aspects.
Penalty Notice NSW for Traffic Offences
If you run a red light or are detected speeding and committing a traffic offence. The due date of payment is generally 21 days from the date the authority issued the fine. Moreover, for many traffic and speeding offences, if you were not the actual driver of the fine, you can nominate the actual driver.
In NSW, you can nominate another driver especially if demerit points are involved. To nominate the actual driver for the fine, click here.
Pay or Review the Fine
You can use this link from the Service NSW website to pay your fine or penalty notice NSW online. If needed, you can also apply for a payment plan. If you are paying online, you will have prompts that you can follow.
Moreover, you also have the provision to review a notice or fine if you receive one. You can review it only if you believe there was a mistake or if special circumstances led to the offence. If you are reviewing the fine, you must provide proof to support your claim.
Given below are some things you may need when you wish to review the fine:
- proof of your identity – address, date of birth, driver’s licence number
- fine notice number
- date of the offence
- any other supporting evidence
What can constitute supporting evidence? For instance, if you wish to review a speeding offence, you can provide evidence of your licence. You may also provide a certified copy of your driving record for the last 10 years.
Moreover, as mentioned above, you need a genuine reason to be able to review any penalty notice . For example, if an authorised officer directed you to travel through a red light, that can be a genuine reason.
In another case, if you receive a fine for an unregistered or unlicensed vehicle and genuinely believe there is a mistake, you can review it. For instance, if you have paid the vehicle registration prior to the due date, you can make your claim to review it.
Can I Apply to Go to Court?
If you think the court should hear your matter, you should make an application to go to court. In case you are applying, you have to be mindful of the due dates.
To make an application, you will need to do so before the due date on your fine reminder notice. Whereas, if you have already made the fine payment, you will have 90 days from the date of issue of the fine to go to court.
To apply online to go to court, click here.
Seek Legal Advice from Criminal and Traffic Lawyers
If you wish to review a penalty notice in NSW because of genuine reasons, you can speak to our team of criminal and traffic law solicitors.
We have experience in dealing with legal matters involving certain offences by providing you legal advice to finalise the matter outside of court, and also by representing your interests in court. Government agencies like Revenue NSW are responsible for tax collection and the state debt recovery office.
If you wish to read more blogs on similar topics, check out our blog page on criminal and traffic law here. Should you have more enquiries, do not hesitate to contact our expert lawyers today.
Contact us in case of any enquiries.
