Enforcement Orders & Annulment

Published by Geoff Harrison | 29 April 2025

The Commissioner of Fines Administration under the Fines Act 1996 ('the Act') is appointed as per s113 of the Act within Revenue NSW. Revenue NSW came into effect on 31 July 2017, after a change in name from the Office of State Revenue and the State Debt Recovery Office. All functions, administrative and legislative powers, remain the same.

Upon receipt of a penalty notice and if you were not the person responsible, you must nominate the responsible person within 21 days after the issue of the notice, by supplying the relevant nomination document (see nominating someone else below) to the authorised officer (s186(1)(b) of the Road Transport Act 2013). If there is no nomination or exception, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence against the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence (s184 of the Road Transport Act 2013).

A person can elect to take the penalty notice offence to court as per ss23A and 36 of the Act, provided the election is made before the due date of payment in the penalty reminder notice (s36(2) of the Act). Despite paying the fine, a person may still elect to have the penalty notice matter heard before the court provided such election is made within 90 days of the penalty notice having been issued (s23A of the Act). If no election is made and the penalty notice is not paid by the due date of the reminder notice, the commissioner may make a penalty notice enforcement order (s42(1) of the Act).

Once the penalty notice becomes an enforcement order, the Commissioner can take enforcement procedure as summarised in s58 of the Act, which includes action against the fine defaulter's driver's licence, vehicle registration, visitor privileges or marine safety licence. A person can make an application to the Commissioner to withdraw the enforcement order on the grounds contained within s47 of the Act, which includes:

• Unawareness of the Penalty Notice: the person was not aware that a penalty notice had been issued until notice of the order was served, but only in the case of an application for withdrawal that is made within a reasonable time after that service (s47(1)(e) of the Act); and

  
  

• Hindrance: the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only in the case of an application for withdrawal that is made within a reasonable time after the person ceased being so hindered (s47(1)(f) of the Act*).

*The Commissioner generally requires evidence of hindrance to be provided.

If the application is refused, a person may appeal the Commissioner's decision as per s50 of the Act to the Local Court. However, such application must be made within 28 days after receiving notice of the Commissioner's refusal to withdraw the enforcement order (s50(1) of the Act). The Local Court may annul a penalty notice enforcement order on any of the grounds on which the Commissioner may withdraw a penalty notice enforcement order under section 47 of the Act. If the Local Court annuls the enforcement order, the court may then hear and determine the matter immediately or at a later date (s51(2) of the Act).

If the Commissioner or Local Court refuses to annul the penalty notice enforcement order and the enforcement order remains unpaid, the Commissioner may take enforcement action as summarised in s58 of the Act after the service of a fine enforcement order. At any time before a community correction order or community service order is issued under Division 5, a fine defaulter may make an application to the Commissioner for time to pay a fine (s100(1) of the Act).

Other Sources:

• Revenue NSW

• Nominate someone else for a fine

• Requesting a review of your fine

• Request a review of your fine form (NB. this can be done online)

• Cautions for a clear driving record (10 years)

• View a camera image of your offence

• Applying to go to court

Cases:

• Vassallo v Commissioner of Fines Administration [2024] NSWSC 1558 (Question or doubt as to liability as per s47(1)(h) of the Act).

• Boensch v Commissioner of Fines Administration [2017] NSWCA 13 (Whether “hindered” from taking action in relation to the penalty notice).

• Streater v Commissioner of Fines Administration [2015] NSWSC 1516 (non-receipt of notification of refusal).

Extracted Legislation:

Court Election:

FINES ACT 1996 - SECT 23A Person may elect to have matter dealt with by court

Person may elect to have matter dealt with by court

(1) A person alleged to have committed or to be guilty of the offence to which a penalty notice relates--

(a) has the right to elect to have the matter dealt with by a court instead of under the statutory provision providing for the issue of the penalty notice, and

(b) may make that election--

(i) in the manner specified in that statutory provision, or

(ii) if no manner is specified in that statutory provision--in the manner specified in the penalty notice, or

(iii) if no manner is specified in that statutory provision or in the penalty notice--in the manner specified by the regulations.

(2) A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid.

(2A) If the whole of the amount payable under the penalty notice has been paid, such an election may not be made later than 90 days after the penalty notice was issued.

(2B) Despite subsection (2A), a person may make such an election at any time while a review under Division 2A of the decision to issue the penalty notice is in progress.

(2BA) If a person elects to have a matter dealt with by a court while a review under Division 2A is in progress, court proceedings must not be taken unless, following the review, the reviewing agency confirms the decision to issue the penalty notice.

(2C) Despite subsection (2A), if a reviewing agency confirms the decision to issue the penalty notice, such an election may not be made later than 28 days after the outcome of the review has been notified under section 24E.

(2D) This section does not apply if a penalty reminder notice has been served in respect of the offence.

Note : Sections 35 and 36 provide for the right to elect to have a matter dealt with by a court, and the making of and timing for an election, if a penalty reminder notice is served under section 24F or 26.

(3) If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid--

(a) section 22A (1) ceases to apply in relation to the person, and

(b) any action taken to record demerit points against the person in the NSW demerit points register kept under the Road Transport Act 2013 because of that payment is to be reversed by Transport for NSW, and

(c) the amount that has been paid under the penalty notice is repayable to the person by whom it was paid.

Penalty Notice Enforcement Orders:

FINES ACT 1996 - SECT 40 What is a penalty notice enforcement order?

What is a penalty notice enforcement order?

(1) A penalty notice enforcement order is an order made by the Commissioner for the enforcement of the amount payable under a penalty notice.

(2) A single order may be made for the enforcement of the amounts payable under 2 or more penalty notices.

(3) The regulations may make provision for or with respect to the making of penalty notice enforcement orders.

Note : Part 4 provides for the fine defaulter to be notified by the Commissioner of the enforcement order and of the enforcement action that may be taken if the outstanding balance of the amount payable under the penalty notice (and enforcement costs) is not paid within 28 days.

FINES ACT 1996 - SECT 42 When a penalty notice enforcement order may be made

When a penalty notice enforcement order may be made

(1) A penalty notice enforcement order may be made only if--

(a) a penalty notice has been issued to a person in relation to a particular offence referred to in the order, and

(a1) there is no review under Division 2A in progress, and

(b) a penalty reminder notice has been served on the person--

(i) after the end of the time specified in the penalty notice as the time within which the amount payable under the notice may be paid, or

(ii) if a review has been conducted under Division 2A, after that review, and

(c) the due date specified in the penalty reminder notice has passed, and

(d) the full amount payable under the penalty notice had not been paid before the order is made, and

(e) the person has not, in accordance with this Part, declined to be dealt with under this Part, and

(f) a court attendance notice in relation to the offence has not been issued, and

(h) the facts as alleged in or referred to in the order constitute the offence.

(1AA) The Commissioner may also make a penalty notice enforcement order, in respect of an amount owed by a person under a penalty notice, if the Commissioner receives an application by the person for a work and development order or time to pay order in relation to the amount.

(1BB) The Commissioner must not make a penalty notice enforcement order referred to in subsection (1AA) unless the Commissioner decides to make the work and development order, or time to pay order, sought by the person.

(1CC) On the making of an order under subsection (1AA), the person who has been issued with the penalty notice to which the order relates can no longer elect to have the matter dealt with by a court under section 23A or 36.

Note : See Division 5 for the circumstances in which the Local Court may deal with matters relating to penalty notice enforcement orders.

(1A) A penalty notice enforcement order may not be made later than--

(a) if the applicable limitation period in relation to the offence is less than 12 months--12 months from when the offence was committed or is alleged to have been committed, or

(b) if the applicable limitation period in relation to the offence is 12 months or greater--the expiry of that limitation period, or

(c) if a review has been conducted under Division 2A and a penalty reminder notice has been served under section 24F (1)-- 42 days after service of that notice.

(1B) If more than one date is applicable under subsection (1A), the later of those dates is the relevant date for the purposes of that subsection.

(2) An application for a penalty notice enforcement order made by an appropriate officer must certify--

(a) that the matters specified in subsection (1) (other than subsection (1) (d)), or the relevant matters in subsection (1AA), are satisfied, and

(b) that the full amount payable under the penalty notice has not been paid, and

(c) that the period for making the order (as referred to in subsection (1A)) has not expired.

(2A) The Commissioner may rely on the certificate for the purpose of making the order.

(3) A penalty notice enforcement order may be made in the absence of, and without notice to, the person concerned.

FINES ACT 1996 - SECT 43 Form of penalty notice enforcement order

Form of penalty notice enforcement order

(1) A penalty notice enforcement order must specify the following matters--

(a) the fine defaulter's name, address and date of birth (if known),

(b) a description of the offence in respect of which each fine to which the order applies was imposed,

(c) the date on which the fine was imposed,

(d) the amount required to be paid, being the amount that remains to be paid under the penalty notice, together with specified enforcement costs.

(2) Any amount recovered in consequence of the making of a penalty notice enforcement order (other than for enforcement costs) is to be dealt with in the same way as if the amount had been paid on the issue of the penalty notice.

FINES ACT 1996 - SECT 44 Enforcement costs under penalty notice enforcement order

Enforcement costs under penalty notice enforcement order

(1) The regulations may prescribe the enforcement costs payable under a penalty notice enforcement order and an amount is not payable for enforcement costs unless it is so prescribed or is payable under section 76A (Sheriff's additional costs of taking enforcement action under this Division).

(2) The following applies to any such enforcement costs--

(a) an amount may be prescribed as the enforcement costs payable to the Commissioner on the making of the order,

(b) an amount may be prescribed as the enforcement costs payable to Transport for NSW if any enforcement action is taken by Transport for NSW under Division 3 of Part 4 before payment is made under the order,

(c) an amount may be prescribed as the enforcement costs payable into the Consolidated Fund if any civil enforcement action is taken by the Sheriff or other official before payment is made under the order.

(3) Any amount recovered in consequence of the making of a penalty notice enforcement order is to be applied firstly towards enforcement costs payable under this section or section 76A and the balance towards the amount payable under the penalty notice.

FINES ACT 1996 - SECT 45 Effect of making, or of payment under, penalty notice enforcement order

Effect of making, or of payment under, penalty notice enforcement order

(1) If a penalty notice enforcement order is made in relation to an offence alleged to have been committed by a person--

(a) the person is not as a result taken to have been convicted of the offence, and

(b) the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

(2) If the full amount payable under a penalty notice enforcement order is paid or recovered, no person is liable for any further proceedings for the alleged offence concerned. This subsection ceases to apply if the order is duly withdrawn under this Part and the amount paid under the order is repaid.

(3) The payment of any amount payable under a penalty notice enforcement order is not an admission of liability for the purpose of and does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

(4) Nothing in this section affects the operation of any provisions of Division 5 relating to the withdrawal or annulment of a penalty notice enforcement order or any provisions of Part 4 relating to the enforcement of a penalty notice enforcement order.

Withdrawal and Annulment of Penalty Notice Enforcement Orders:

FINES ACT 1996 - SECT 46 Application for withdrawal of penalty notice enforcement order

Application for withdrawal of penalty notice enforcement order

(1) A person against whom a penalty notice enforcement order is made may apply to the Commissioner for the withdrawal of the order.

(2) An application for withdrawal is to be made in the approved form and may be made by or on behalf of the person against whom the penalty notice enforcement order was made.

(3) A person may not make more than one application under this section in relation to the same matter, except with the leave of the Commissioner.

(4) The Commissioner is to decide whether or not to withdraw a penalty notice enforcement order in the absence of the parties, unless the Commissioner otherwise determines.

(5) The Commissioner must give notice of a decision about an application for the withdrawal of a penalty notice enforcement order to all parties.

FINES ACT 1996 - SECT 47 Grounds for withdrawal of penalty notice enforcement order

Grounds for withdrawal of penalty notice enforcement order

(1) The Commissioner may, on application under section 46 or the Commissioner's own initiative, withdraw a penalty notice enforcement order on any of the following grounds--

(a) a fine to which the penalty notice enforcement order applies has previously been the subject of a penalty notice enforcement order in respect of which any enforcement action has been taken,

(b) the person named in the penalty notice enforcement order is not the same person as the person in respect of whom a fine to which the order applies was imposed,

(c) the order relates to the owner of a vehicle or vessel, being a vehicle or vessel involved in an offence the subject of the fine at a time when the owner was not the owner of the vehicle or vessel concerned,

(d) the penalty notice for the fine to which it applies is withdrawn by the Commissioner under an arrangement under section 114,

(e) the person was not aware that a penalty notice had been issued until notice of the order was served, but only in the case of an application for withdrawal that is made within a reasonable time after that service,

(f) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, but only in the case of an application for withdrawal that is made within a reasonable time after the person ceased being so hindered,

(g) the penalty reminder notice in relation to a particular offence was, or both the penalty notice and the penalty reminder notice were, returned as being undelivered to its sender after being sent to the person at the person's recently reported postal address (within the meaning of section 126A) and notice of the order was served on the person at a different postal address,

(h) the Commissioner is satisfied that a question or doubt arises as to the person's liability for the penalty or other amount concerned,

(i) the Commissioner is satisfied that there is other just cause why the application should be granted, having regard to the circumstances of the case.

Note 1 : The Commissioner may, on the Commissioner's own initiative, withdraw a penalty notice enforcement order under this section if an approved nomination notice in respect of the penalty notice to which the penalty notice enforcement order applies is provided to an appropriate officer under section 38 out of time.

Note 2 : Section 24G(2) provides that a penalty notice enforcement order is taken to be withdrawn if the Commissioner or the issuing agency conducting an internal review of the decision to issue a penalty notice under Division 2A decides to withdraw the penalty notice.

(2) If the Commissioner withdraws a penalty notice enforcement order and all of the following apply, the Commissioner must refer the matter to the Local Court to hear and determine the matter under section 51--

(a) the withdrawal is made following an application under section 46,

(b) the order is withdrawn on any of the grounds referred to in subsection (1)(e)-(g),

(c) the penalty notice to which the order applies is not withdrawn,

(d) the person concerned disputes the person's liability to pay the amount payable under the penalty notice to which the order relates.

(3) The Commissioner must withdraw a penalty notice enforcement order if the application for withdrawal is made by an appropriate officer for the penalty notice to which the order applies.

(4) To avoid doubt, the Commissioner may withdraw a penalty notice enforcement order under this section even if section 126A(1) permitted the service of a penalty reminder notice in relation to a particular offence referred to in the fine enforcement order or section 126A(2) permitted the making of the penalty notice enforcement order (or both).

...

FINES ACT 1996 - SECT 50 Appeal against refusal to withdraw penalty notice enforcement order

Appeal against refusal to withdraw penalty notice enforcement order

(1) If the Commissioner refuses to withdraw a penalty notice enforcement order under section 47, the applicant may, not later than 28 days after notice is given of the refusal, lodge an application in writing with a registrar of the Local Court to have the penalty notice enforcement order annulled by the Local Court.

(2) The relevant registrar of the Local Court must, as soon as possible, give written notification to the applicant and the parties of the date, time and place on or at which the application is to be determined.

(3) The Local Court may annul a penalty notice enforcement order on any of the grounds on which the Commissioner may withdraw a penalty notice enforcement order under section 47.

(4) The Local Court may proceed to determine an application despite any omission or error in the notice referred to in subsection (2) or its non-service if--

(a) the Local Court is satisfied that the applicant and the parties interested and concerned had knowledge of the date, time and place on or at which the application was to be determined and were not prejudiced by the omission, error or non-service, or

(b) the Local Court is satisfied that the applicant is avoiding service of the notice or cannot, after reasonable search and inquiry, be found.

(5) The regulations may make provision for or with respect to applications under this section (including application fees).

FINES ACT 1996 - SECT 51 Proceedings in Local Court after withdrawal or annulment of penalty notice enforcement order

Proceedings in Local Court after withdrawal or annulment of penalty notice enforcement order

(1) If a penalty notice enforcement order is withdrawn by the Commissioner and referred to the Local Court under section 47(2) or annulled by the Local Court under section 50, the Local Court is to hear and determine the matter as if no penalty notice enforcement order had been previously made.

(2) If the Local Court annuls the penalty notice enforcement order under section 50, the Local Court may proceed either immediately or at a later sitting of the Court to hear and determine the matter.

(4) For the purposes of hearing and determining the matter, a court attendance notice in relation to each alleged offence to which the penalty notice enforcement order relates is taken--

(a) to have been filed when the penalty notice enforcement order was made, and

(b) to have been filed by the appropriate officer for the penalty notice.

FINES ACT 1996 - SECT 52 Provisions relating to withdrawal and annulment of penalty notice enforcement orders

Provisions relating to withdrawal and annulment of penalty notice enforcement orders

(1) The Commissioner or the Local Court, when deciding whether or not to withdraw or annul a penalty notice enforcement order under this Division, may stay enforcement action under the penalty notice enforcement order subject to such terms and conditions as the Commissioner or Court thinks fit.

(2) A penalty notice enforcement order may be withdrawn or annulled completely or only to the extent of some of the penalty notices to which it applies.

(4) If a penalty notice enforcement order is withdrawn or annulled completely--

(a) the order then ceases to have effect, and

(b) any enforcement action already taken is to be reversed, unless the same enforcement action is authorised under another penalty notice enforcement order or a court fine enforcement order, and

(c) enforcement costs are not payable in respect of the issue of the order and, if paid, are repayable, and

(d) any amount that has been paid under the order is repayable to the person by whom it was paid, unless the amount was paid to the Commissioner at the time of making an application for the withdrawal of the order under section 46.

(5) If a penalty notice enforcement order is withdrawn or annulled only to the extent of some of the penalty notices to which it applies--

(a) the order continues to have effect in respect of the remaining penalty notices to which it applies, and

(b) any amount that has been paid under the order is to be applied to payment of the remaining penalty notices to which it applies and any enforcement costs in respect of that order.

(6) The withdrawal of a penalty notice enforcement order under section 47 does not prevent the making of a further order in respect of the penalty notice.

(7) If a penalty notice enforcement order is withdrawn by the Commissioner under section 47 or annulled by the Local Court under section 50, the period within which proceedings for an offence may be instituted in respect of the matter under section 179 of the Criminal Procedure Act 1986 or any other Act commences on the date the order is withdrawn or annulled (as the case requires).

(8) The regulations may make provision for or with respect to the following--

(a) the withdrawal of penalty notice enforcement orders,

(b) applications for withdrawals and fees for applications,

(c) the practice and procedure of the Commissioner when making decisions about withdrawals.

Note : The Commissioner may, instead of repaying an amount under this section, reallocate it towards the payment of other amounts payable by the person (see section 122C).

FINES ACT 1996 - SECT 58

Summary of enforcement procedure

(1) The following is a summary of the enforcement procedure under this Part following the making of a fine enforcement order--

(a) Notice of the fine enforcement order is served on the fine defaulter and the fine defaulter is notified that if payment is not made enforcement action will be taken (see Division 2).

(b) If the fine is not paid within the period specified, Transport for NSW takes action against the fine defaulter's driver licence, vehicle registration, visitor privileges or marine safety licence (see Division 3).

(c) Civil enforcement action in the form of a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter is taken if enforcement action under Division 3 is unavailable or unsuccessful, or if the Commissioner is satisfied that civil enforcement action is preferable (see Division 4).

(d) If civil enforcement action is not successful, an order requiring community service is served on the fine defaulter (see Division 5).

(f) The procedures for fine enforcement (other than orders requiring community service work) apply to fines payable by corporations (see Division 7).

(g) A fine defaulter may seek further time to pay and the Commissioner may write off unpaid fines or make a work and development order in respect of the fine defaulter for the purposes of satisfying all or part of the fine. Applications for review may be made to the Hardship Review Board (see Division 8).

(2) This section does not affect the provisions of this Part that it summarises.

FINES REGULATION 2020 - REG 4 Enforcement costs

Enforcement costs

(1) For the purposes of sections 16(1), 44(1) and 108J(1)(a) of the Act, the enforcement costs payable under a fine enforcement order or an interstate fine enforcement order, within the meaning of section 108C(1) of the Act, are as follows--

(a) $65 (or, if the fine defaulter concerned was under the age of 18 years at the time of the offence or alleged offence, $25), payable to the Commissioner on the making of the order,

(b) $40, payable to Transport for NSW if any enforcement action is taken by Transport for NSW under Division 3 of Part 4 of the Act before payment is made under the order,

(c) $65, payable into the Consolidated Fund if any civil enforcement action is taken by the Sheriff, Commissioner or other official under Division 4 of Part 4 of the Act before payment is made under the order.

Note : See section 102A of the Act in relation to the liability for enforcement costs for persons under the age of 18 years.

(2) The enforcement costs referred to in subclause (1)(c)--

(a) apply to each of the following kinds of civil enforcement action--

(i) the making of a property seizure order against a fine defaulter, as referred to in section 72(1) of the Act,

(ii) the making of a garnishee order against a fine defaulter, as referred to in section 73(1) of the Act,

(iii) an application to register a fine enforcement order in relation to any land owned by a fine defaulter, as referred to in section 74(1) of the Act,

(iv) the issue of an order for examination against a fine defaulter, as referred to in section 75(1) of the Act,

(v) the issue of a warrant for the apprehension of a fine defaulter who fails to attend in accordance with an order for examination, as referred to in section 75A(1) of the Act, and

(b) are to be paid to the Commissioner for payment into the Consolidated Fund.

FINES REGULATION 2020 - REG 5 Waiver, postponement or refund of costs

Waiver, postponement or refund of costs

(1) The Commissioner may, in the circumstances the Commissioner considers appropriate, waive, postpone or refund all or part of any enforcement costs payable under this Part.

(2) In the case of a court fine enforcement order made in accordance with section 14(1B) of the Act, or a penalty notice enforcement order made in accordance with section 42(1AA) of the Act, the Commissioner must--

(a) postpone the costs payable under clause 4(1)(a), and

(b) waive those costs if the orders are complied with.

Where you were not the driver at the time of the offence:

ROAD TRANSPORT ACT 2013 - SECT 184 Responsible person for vehicle taken to have committed designated offences

Responsible person for vehicle taken to have committed designated offences

(cf Gen Act, s 179(1) and (1A))

(1) Liability of responsible person for offence generally If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence against the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless--

(a) in any case where the offence is dealt with under Division 3--the person satisfies the authorised officer under section 195 that--

(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or

(b) in any other case--the person proves to the satisfaction of the court hearing the proceedings for the offence that--

(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender.

(2) Maximum penalty payable by corporation taken to be guilty of certain camera recorded offences If a corporation is taken to be guilty of a camera recorded offence (other than an unauthorised vehicle use offence) by the operation of subsection (1), the maximum monetary penalty that a court may impose on the corporation for the offence is taken to be 5 times the maximum monetary penalty for the offence for which the actual offender (as a natural person) would be liable.

ROAD TRANSPORT ACT 2013 - SECT 186 Duty to inform if person not driver of vehicle committing camera recorded offence

Duty to inform if person not driver of the vehicle committing camera recorded offence

(cf Gen Act, s 179(4) and (5))

(1) A person who--

(a) is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence, and

(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,

must, within 21 days after the issue of the notice, supply by relevant nomination document to the authorised officer under section 195 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the nomination details of the person who was in charge of the vehicle at the time the offence occurred.

(1A) However, a person is not required to provide a relevant nomination document under subsection (1), and is taken to have complied with this section, if the person who was in charge of the vehicle at the time the offence occurred has already provided a relevant nomination document containing the person's nomination details to the authorised officer or the prosecutor (as the case requires).

(2) For the purposes of this section, it is presumed that a penalty notice issued to a person by post is issued to the person 7 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 7-day period.

(3) Despite any other provision of this Act, a relevant nomination document may be provided in relation to a penalty notice for a camera recorded offence within 90 days of the notice being issued if the relevant nomination document is provided in the circumstances specified in section 23AA of the Fines Act 1996 .