(1) Written notice of a fine imposed on a person by a court is to be served on the person by the registrar or other officer of the court as soon as practicable after the fine is imposed.
(1) The State Debt Recovery Office may, on application or on its own initiative, withdraw a court fine enforcement order if satisfied that the order was made in error. (2) A court fine enforcement order must be withdrawn if application for its withdrawal is made by the registrar who referred the matter to the State Debt Recovery Office.
(1) A person may elect to have a matter dealt with by a court:
(a) by serving on the appropriate officer or other person or body specified in the penalty reminder notice a written statement that the person so elects, or (b) by serving on the appropriate officer or other person or body specified in the penalty notice a written statement that the person so elects.
(1) The State Debt Recovery Office may, on application or on its own initiative, withdraw a penalty notice enforcement order if satisfied that the order was made in error. (2) A penalty notice enforcement order must be withdrawn if application for its withdrawal is made by the appropriate officer who applied for the order.
(1) The State Debt Recovery Office or a Local Court dealing with an application for annulment may stay enforcement action under the penalty notice enforcement order subject to such terms and conditions as that Office or Court thinks fit. (2) An application may be made for the annulment of 2 or more penalty notice enforcement orders, but the order taken under this Division to be an information may only relate to one offence.
(1) The notice of a fine enforcement order must inform the fine defaulter that:
(a) the order has been made, and (b) the defaulter has until the final date specified in the notice to pay the fine and enforcement costs specified in the notice, and (c) if the payment is not made by that final date, further enforcement action will be taken against the defaulter to enforce the fine in accordance with this Part and, in particular, that the defaulter will be liable without further notice to have any driver licence or vehicle registration suspended or cancelled or property seized and sold, and (d) if the payment is not made by that final date, further enforcement costs will be payable (indicating, except as provided in subsection (1A), each amount of those costs and circumstances in which it is payable).
(1) Enforcement action is to be taken against a fine defaulter under this Division if:
(a) the fine defaulter has not paid a fine as required by the notice of the fine enforcement order served on the fine defaulter, or (b) the State Debt Recovery Office has extended the time for payment of a fine, and the fine defaulter has not paid the fine by the extended due date, or (c) the State Debt Recovery Office has allowed the payment of a fine by instalments, and the fine defaulter has not paid every such instalment at the time specified by the Office. (2) The Roads and Traffic Authority is to take that enforcement action when it is directed by the State Debt Recovery Office to do so.
(1) The Roads and Traffic Authority must, without further notice, suspend any driver licence of a fine defaulter against whom it is required to take enforcement action for the balance of the period of the licence. (1A) The Roads and Traffic Authority must suspend the driver licence of a fine defaulter even if the State Debt Recovery Office has:
(a) granted an extension of time for the payment of the fine, or (b) allowed the fine defaulter to pay the fine by instalments, after requiring the Roads and Traffic Authority to take enforcement action.
(1) This section applies to a fine defaulter if:
(a) the driver licence or vehicle registration of the fine defaulter is suspended or cancelled under this Division, or (b) the Roads and Traffic Authority is required to take enforcement action against the fine defaulter under this Division, but any such action to suspend or cancel the driver licence or vehicle registration of the fine defaulter is not available. (2) The Roads and Traffic Authority must, unless the State Debt Recovery Office otherwise directs, refuse to exercise any of the following functions if this section applies to a fine defaulter:
(a) the issue of a driver licence to the fine defaulter or the renewal of the driver licence of the fine defaulter, (b) the registration of a vehicle in the name of the fine defaulter or the renewal of the registration of a vehicle of which the fine defaulter is the registered owner (or one of the registered owners), (c) the transfer to another person of the registration of a vehicle of which the fine defaulter is the registered owner (or one of the registered owners), (d) the issue of a number plate to the fine defaulter, (e) the testing of the fine defaulter for the purpose of the issue of a driver licence, (f) the exercise of any other function of the Authority requested by the fine defaulter, being a function of a kind prescribed by the regulations for the purposes of this section.
(1) A person may apply to the Roads and Traffic Authority for restoration or reinstatement of a driver licence suspended or cancelled, or vehicle registration cancelled, under this Division if:
(a) in the case of a penalty notice enforcement order—the person has lodged an application under Division 5 of Part 3 to have an application to annul the fine enforcement order concerned determined by a Local Court, or (b) in the case of a court fine enforcement order—the person has lodged an appeal against the conviction or sentence in respect of which the fine concerned was imposed or the person has lodged an application under Part 4A of the to annul that conviction or sentence, Justices Act 1902 and those proceedings have not been determined.
(1) A vehicle insurance policy is not terminated by the cancellation of the registration of the vehicle under this Division or the suspension or cancellation of the driver licence of the driver of the vehicle under this Division. (2) A claim under a vehicle insurance policy cannot be refused merely because the vehicle’s registration is cancelled under this Division or the driver licence of the driver of the vehicle is suspended or cancelled under this Division.
(1) The State Debt Recovery Office may make an order for the seizure of the property of a fine defaulter for the purpose of levying the fine payable by the fine defaulter on that property. The order is called a property seizure order .Note— The defines property to include land as well as personal property. Interpretation Act 1987 (2) The State Debt Recovery Office may make a property seizure order only if satisfied that enforcement action is authorised against the fine defaulter under this Division. (3) The order may be made in the absence of, and without notice to, the fine defaulter.
(1) The State Debt Recovery Office may issue an examination summons under this section for the purpose of enabling enforcement action to be taken under this Division. (2) An examination summons may be directed to:
(a) if the fine defaulter is a natural person—the fine defaulter, or (b) if the fine defaulter is a corporation—an officer or former officer of the corporation. (3) An examination summons:
(a) is to summon the person to whom it is directed to attend before the Director or other specified officer of the State Debt Recovery Office, or before a specified officer of a court, at the place specified in the summons, and (b) is to summon the person to so attend on a day and at a time specified in the summons and thereafter as required by the Director or officer to be orally examined as to the fine defaulter’s property and other means of satisfying the fine and generally as to the fine defaulter’s financial circumstances, and (c) may require the person to produce to the Director or officer, at any such examination, any document or other thing in the person’s possession or control that tends to show the fine defaulter’s true financial circumstances. (4) An examination summons is to be served personally on the person to whom it is directed.
(1) The costs and expenses reasonably incurred by the Sheriff in taking enforcement action under this Division and approved by the State Debt Recovery Office are enforcement costs payable by the fine defaulter under the fine enforcement order. (2) The amount of those costs and expenses is to be determined in accordance with the scale applicable to the enforcement of judgment debts under the , but is to be reduced by any amount prescribed under section 16 (2) (c) or 44 (2) (c) as payable to the Consolidated Fund. Local Courts (Civil Claims) Act 1970
(1) The State Debt Recovery Office may make a community service order requiring a fine defaulter to perform community service work in order to work off the amount of the fine that remains unpaid. (2) The State Debt Recovery Office may make the order only if satisfied that enforcement action is authorised against the fine defaulter under this Division.
(1) The number of hours of community service work, specified in a community service order made under this Division, to be served by the fine defaulter is to be calculated at the rate of 1 hour for each $15 of the amount of the fine that remains unpaid. (2) The number of hours specified in any one order must not exceed 300 hours (in the case of an adult) or 100 hours (in the case of a child). The fine defaulter may be subject to more than one order under this Division at any one time.
(1) An appeal does not lie in respect of the making of a community service order under this Division or the failure to make such an order.
(1) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied that the fine defaulter who is subject to the order has failed, without reasonable excuse, to comply with the order or the requirements imposed with respect to the order by or under the or the Crimes (Administration of Sentences) Act 1999 as the case requires. Children (Community Service Orders) Act 1987 (2) The State Debt Recovery Office is not to revoke an order under subsection (1) unless the relevant assigned officer (within the meaning of that Act) has reported the breach to the Office. The Office may decide not to revoke an order following the report of a breach of the order to the Office. (3) The State Debt Recovery Office may revoke a community service order made under this Division if it is satisfied, following a report by the assigned officer, that the fine defaulter is not capable of performing work under the order or is otherwise not suitable to be engaged in such work.
(1) A fine defaulter who is committed to a correctional centre by warrant under this Division may apply to the Commissioner of Corrective Services for an order that the fine defaulter’s period of imprisonment be served by way of periodic detention. An application may be made in anticipation of the issue of a warrant. (2) The Commissioner of Corrective Services may, on an application under this section, order that the fine defaulter serve the period of imprisonment under a warrant under this Division by way of periodic detention. (3) A fine defaulter is not eligible to serve a period of imprisonment by way of periodic detention:
(a) if the period of imprisonment is less than the minimum period determined in the guidelines under section 120 as appropriate to be served by way of periodic detention, or (b) if the Commissioner of Corrective Services is of the opinion that accommodation is not available at a correctional centre for the person to serve the period of imprisonment by way of periodic detention, or (c) if the fine defaulter is remanded to or imprisoned in a correctional centre (except as a periodic detainee), or (d) if the fine payable by the fine defaulter is for an offence committed while serving a period of imprisonment by way of periodic detention, or (e) in any other circumstances prescribed by the regulations. (4) On making an order under this section, the warrant committing the fine defaulter to a correctional centre is subject to the terms of the order.
(1) If the fine defaulter who is committed to a correctional centre by a warrant under this Division is already in a correctional centre, the warrant may be executed by the officer in charge of the correctional centre or a person authorised by that officer. The warrant is executed by serving a copy of the warrant on the fine defaulter.
(1) After a fine enforcement order is made and before a community service order is issued in the matter, an application for time to pay the fine may be made to the State Debt Recovery Office by the fine defaulter. (2) The State Debt Recovery Office may, by order, allow further time to pay the fine if satisfied the application is genuine and it appears expedient to do so.
(1) Subject to section 109A, an ancillary money order is enforceable as if it were a judgment for the payment of that amount under the . Local Courts (Civil Claims) Act 1970
(cf sec 5 (3)) Fines and Penalties Act 1901