When receiving a penalty notice in New South Wales, such as a speeding fine, parking fine or other infringements, you may assume your only option is to pay it. However, that is not always the case.
Section 23A of the Fines Act 1996 (NSW) provides you with a legal right to have a penalty notice dealt with by a Court instead of through the fines system, even if you have already paid the fine.
Understanding how this section operates can make a difference as to how you respond to a fine or consider reversing your payment.
Operation of the Law
Section 23A provides that a person who has been issued with a penalty has the right to elect to have the matter dealt with by a Court (23A(1) Fines Act 1996 (NSW)).
It also provides an avenue for a fine to be appealed when payment has been made in full provided that the election is made within 90 days of the issue of the penalty notice (23A(2A) Fines Act 1996 (NSW). Prompt legal advice is essential where the 90-day period is approaching.
Upon a valid election being lodged within that period:
- The penalty notice is withdrawn;
- The matter is removed from the statutory infringement scheme; and
- Proceedings are commenced before a Court in respect of the alleged offence.
For speeding and parking fine, those matters will be referred to closest Local Court to where the alleged offence occurred.
Once a penalty notice is withdrawn under section 23A, then any amount that has been paid towards the fine is repayable to you and, in relation to driving matters, any record of demerit points is to be reversed by Transport for NSW.
Risk Considerations When Court Electing
It is critical to understand that once a matter is submitted and elected to proceed to go to Court it cannot be reversed.
The Court is not confirmed to the original penalty amount and the following consequences may occur:
- A higher fine, conviction and/or other penalties may be imposed; and/or
- Professional costs may be awarded in certain circumstances.
Should a Court imposed fine and/or a conviction be recorded, the demerit points attached to the original penalty notice will come into effect.
Careful assessment should be undertaken prior to electing to withdraw a penalty notice and regard to the strict statutory timeframes. If you are considering whether you can still elect to go to court, it may be important to seek legal advice in a timely manner.
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney (02 9696 1361), Canberra (02 5104 9640) and Perth (08 6255 6909) to make an appointment to speak to one of our lawyers.
