Fines Regulation 2025

This regulation is the Fines Regulation 2025.

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Fines Regulation 2020, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

remote parking enforcement system, for Part 3—see section 6.

the Act means the Fines Act 1996.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

The following amounts are prescribed as the enforcement costs payable under a fine enforcement order or an interstate fine enforcement order—

amount payable to the Commissioner on the making of the order—

if the fine defaulter was less than 18 years of age at the time of the offence or alleged offence—$25, or

otherwise—$65,

amount payable to Transport for NSW if Transport for NSW takes enforcement action under the Act, Part 4, Division 3 before payment is made under the order—$65,

amount payable to the Commissioner for payment into the Consolidated Fund if the Sheriff, Commissioner or other official takes civil enforcement action under the Act, Part 4, Division 4 before payment is made under the order—$65.

Note—

See the Act, section 102A, which requires the Commissioner to waive the enforcement costs under paragraphs (b) and (c) if the relevant offence occurred when the fine defaulter was less than 18 years of age.

The enforcement costs under subsection (1)(c) apply to the following—

the making of a property seizure order under the Act, section 72(1),

the making of a garnishee order under the Act, section 73(1),

an application to register a fine enforcement order in relation to land under the Act, section 74(1),

the issue of an order for examination under the Act, section 75(1),

the issue of a warrant of apprehension under the Act, section 75A(1).

The Commissioner may waive, postpone or refund all or part of any enforcement costs payable under this part.

For a court fine enforcement order made under the Act, section 14(1B) or a penalty notice enforcement order made under the Act, section 42(1AA), the Commissioner must—

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

if the order is complied with—waive the costs.

For subsection (2)(a), the Commissioner may end the postponement if the Commissioner is satisfied the order will not be complied with.

In this part—

remote parking enforcement system means a system for enforcing requirements relating to parking offences that does not require an individual, on behalf of the issuing agency, to be at the location where an offence occurs.

Examples—

number plate input systems, number plate recognition systems

For the Act, section 24AC(2)(b)(i), the following particulars are prescribed—

the nature of the parking offence,

Example—

parked in a no stopping zone

the date, time and location of the offence,

the registration number of the vehicle involved in the offence,

notice that no payment is required until after a penalty notice is issued in relation to the offence.

In this section—

registration number has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2017.

For the Act, section 24AD(1)(d), it is not necessary to attach a notification in the following circumstances—

if the vehicle involved in the parking offence has moved before a notification can be attached to the vehicle,

if—

the appropriate officer requires internet access or telephone service to confirm whether, in the officer’s opinion, a parking offence has been committed, and

it is not possible for the officer to access the internet or a telephone service when the officer observes the vehicle involved in the alleged offence,

if the parking offence is an offence under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016,

if the vehicle involved in the parking offence is—

a heavy vehicle, within the meaning of the Heavy Vehicle National Law (NSW), or

a trailer within the meaning of the Road Transport Act 2013.

The head of an issuing agency must, within 28 days after the end of each reporting period—

prepare a report in the approved form, and

publish the report on the issuing agency’s website, and

give a copy of the report to the Commissioner.

The report must include, in relation to the preceding reporting period, the following information—

the number of penalty notices issued by the issuing agency for parking offences,

the number of penalty notices for which no notification was attached to a vehicle,

for penalty notices referred to in paragraph (b)—

the number of times each of the grounds in the Act, section 24AD(1)(a)–(c) and section 8(a), (b) or (d) were relied on by an appropriate officer, and

for penalty notices where no notification was attached because an officer concluded it was not safe to do so—the number of times each basis for concluding it was not safe was relied on,

the number of penalty notices invalidated under the following provisions of the Act—

section 24AE(2),

section 24AG,

section 24AH(1)(a),

section 24AH(1)(b),

a statement from the head of the issuing agency certifying the accuracy and completeness of the information in the report.

In this section—

basis for concluding it was not safe means each of the following—

verbal intimidation,

physical intimidation,

assault,

assault using a weapon,

the threat of an animal,

extreme weather,

the location of the vehicle,

other reason.

reporting period means—

for the first 2 reports required to be prepared under this section, the following periods—

1 July 2025 to 30 September 2025,

1 October 2025 to 31 December 2025, or

otherwise—a period of 6 months ending on 30 June or 31 December.

This section applies to an appropriate officer who does not attach a notification under the Act, section 24AC to a vehicle relying on an exception under—

the Act, section 24AD(1)(a),

section 8(b).

The appropriate officer must include details in the record of reasons of the circumstances that led the officer to conclude the exception applied when the officer issued, or proposed to issue, a penalty notice for the offence.

In this section—

record of reasons means the record the officer is required to make under the Act, section 24AD(2)(a) setting out the reasons why the officer concluded the exception applied in the circumstances.

For the Act, section 24AD(6), definition of prescribed parking zone, paragraph (b), a sign identifying a prescribed parking zone must comply with the requirements of this section.

The sign must be positioned—

at the entrance to a prescribed parking zone, and

at an angle and height in accordance with AS 1742.

If there are other parking control signs within the prescribed parking zone, one or more additional signs must be positioned—

adjacent to the other parking control signs, and

at an angle and height in accordance with AS 1742.

The sign must show the words—

“PAPERLESS FINE ZONE” at the top of the sign in white font on a blue background, and

“Parking fines may be sent by post or electronically at this location” at the bottom of the sign in black font on a white background.

The sign must be at least—

if the sign is at the entrance to a prescribed parking zone—900mm wide and 825mm high, or

otherwise—300mm by 225mm.

The sign must—

if the sign is at the entrance to a prescribed parking zone—use a 65mm high font in accordance with—

the Guide to Traffic Management, Part 11, and

AS 1744, series C dimensions, or

otherwise—use at least a 15mm high font.

In this section—

AS 1742 means Australian Standard AS 1742.11:2016, Manual of uniform traffic control devices, Part 11: Parking controls.

AS 1744 means Australian Standard AS 1744:2015, Standard alphabets for road signs.

Guide to Traffic Management means the Guide to Traffic Management published by Austroads Limited on 28 April 2020.

For the Act, section 24AD(6), definition of prescribed parking zone, paragraph (b)(iv), a sign identifying a prescribed parking zone may only be located—

at a car park if the car park has—

at least 200 parking spaces, and

designated entry and exit points, and

a remote parking enforcement system, or

at a car park in lands reserved or acquired under the National Parks and Wildlife Act 1974.

In this section—

car park means a building or place primarily used for the purpose of parking motor vehicles.