Pursuant to the Fines Act 1996 (NSW) (the ‘Act’), the Commissioner of Fines Administration (the ‘Commissioner’) may serve notice of a fine enforcement order where a person has failed to pay a fine or penalty.
Where the debt exceeds $1,000 the Commissioner may lodge a Request form 11R pursuant to section 74 of the Act, together with a copy of the fine enforcement order, to record the order on land held by the debtor. The order acts as a charge on the land and will not prevent the registration of any other dealing.
The Request does not require marking by Revenue NSW.
NOTE: The charge is subject to every charge or encumbrance to which the land was subject immediately before the order was registered (see section 74(7) of the Act) and has no effect until it is registered (see section 74(10) of the Act).
The charge ceases to have effect under section 74(6) of the Act:
- on registration of the cancellation of the charge under section 77 of the Act; or
- on the sale or other disposition of the property with the consent of the Commissioner; or
- on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge,
whichever first occurs.
If one of the above circumstances occur, then the charge may be removed from the Register by lodgment of:
- a Request form 11R by the Commissioner to cancel the order and charge pursuant to section 77 of the Act; or
- a dealing changing ownership (see above).
A person who acquires land, or an interest in land, after the charge is registered is deemed to have had notice of the charge.
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer all cases to Legal through the Senior Examining Officer.
Registration Procedure
On direction from Legal that charge can be registered.
PRIME CODE CH
DETAILS Fines Act 1996
Publication Date: March 2024