(1) For the purposes of this Act, a fine is:
(a) any monetary penalty imposed by a court for an offence, or (b) any amount payable under a penalty notice enforcement order, or (c) any court fees or charges payable by a person under an order made by a court in proceedings for an offence, or (d) any compensation levy, or (e) any witnesses’ expenses payable by a person under an order made by a court in proceedings for an offence that were brought by a law enforcement officer, or (f) any costs (including expenses or disbursements) payable by a person under an order made by a court in proceedings for an offence that were brought by a law enforcement officer, or (g) any other amount of a kind prescribed by the regulations.
(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) A court fine enforcement order may be made only if there has been a default in payment of the fine by the due date.
(1) The State Debt Recovery Office may, on application or its own initiative, withdraw a court fine enforcement order if satisfied that:
(a) a fine to which it applies has previously been the subject of a court fine enforcement order in respect of which any enforcement action has been taken, or (b) the person named in the court fine enforcement order is not the same person as the person in respect of whom a fine to which it applies was imposed, or (c) the order was otherwise 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 (2) A court fine enforcement order must be withdrawn if application for its withdrawal is made by the registrar who referred the matter to the State Debt Recovery Office.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) This section applies to a compensation levy if the person liable to pay the levy ( the offender ) has been sentenced to a term of imprisonment by way of full-time detention in respect of the conviction that gave rise to the imposition of the levy (whether or not the sentence is consecutive with another sentence or concurrent with another sentence or partly consecutive and partly concurrent).(2) However, this section does not apply if the relevant sentence has been suspended. (3) Despite the other provisions of this Division, a compensation levy to which this section applies that is not paid by the due date may be enforced by deducting the amount due from the offender’s prison earnings.
(1) For the purposes of this Part, the amount payable under a penalty notice is the amount specified in the notice, as fixed by or in accordance with law.
(1) A person may elect to have a matter dealt with by a court 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. (1A) Subject to subsection (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.
(1) A person on whom a penalty reminder notice is served in relation to a vehicle or vessel offence is not liable to make any payment under the penalty notice if the person:
(a) on or before the due date specified in the penalty reminder notice, gives notice in accordance with subsection (1A) of the name and address of some other person who was in charge of the vehicle or vessel concerned at all relevant times relating to the offence, or (b) satisfies the appropriate officer for the penalty notice to which the penalty reminder notice relates (or other person or body specified in the penalty reminder notice) that the person did not know and could not with reasonable diligence have ascertained that name and address. (1A) A notice for the purposes of subsection (1) (a) must:
(a) be verified by statutory declaration, and (b) be given to the appropriate officer for the penalty notice to which the penalty reminder notice relates (or other person or body specified in the penalty reminder notice).
(1) A penalty notice enforcement order may be made only if:
(a) a penalty notice has been served on a person in relation to a particular offence referred to in the order, and (b) a penalty reminder notice has been served on the person 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, 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 (g) (h) the facts as alleged in or referred to in the order constitute the offence.
(1) The State Debt Recovery Office may, on application or its own initiative, withdraw a penalty notice enforcement order if satisfied that:
(a) a fine to which it applies has previously been the subject of a penalty notice enforcement order in respect of which any enforcement action has been taken, or (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, or (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, or (d) the order was otherwise 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) An application may be made by or on behalf of any person for the annulment of a penalty notice enforcement order made against the person under Division 4. (2)
(1) (2) The State Debt Recovery Office, when dealing with an application for annulment, must grant the application and annul the penalty notice enforcement order if satisfied that:
(a) the person was not aware that a penalty notice had been issued until the enforcement order was served, or (a1) the penalty reminder notice, or both the penalty notice and the penalty reminder notice, in relation to a particular offence were returned as being undelivered to its sender after being sent to the person at the person’s recently reported address (within the meaning of section 126A) and notice of the enforcement order was served on the person at a different address, or (b) the person was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the penalty notice, or (b1) a question or doubt has arisen as to the person’s liability for the penalty or other amount concerned, or (c) having regard to the circumstances of the case, there is other just cause why the application should be granted. (3) If the State Debt Recovery Office annuls a penalty notice enforcement order, it must refer the matter to a Local Court unless the amount payable under the penalty notice is paid on the annulment of the order. Note— Section 51 provides that the Local Court is to hear and determine the alleged offence as if no penalty notice enforcement order had been made.
(1) Before the State Debt Recovery Office annuls a penalty notice enforcement order made against a person on the ground that a question or doubt has arisen as to the person’s liability for the penalty or other amount concerned, it must refer the matter to the appropriate officer who applied for the order or the person or body on behalf of whom the penalty notice was issued (the prosecuting authority ).(2) The prosecuting authority must review the matter to determine whether a penalty notice to which the penalty notice enforcement order applies should be withdrawn.
(1) If the State Debt Recovery Office refuses an application for annulment, the applicant may, not later than 28 days after notice is given of the refusal, lodge an application in writing with the registrar of a Local Court to have the original application determined by the Local Court.
(1) If a penalty notice enforcement order is annulled by a Local Court (or is annulled by the State Debt Recovery Office and referred to a Local Court), the Local Court is to hear and determine the matter as if no penalty notice enforcement order had been previously made.
(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)
(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), and (e) review options are available relating to the fine enforcement order, including withdrawal, annulment, time to pay and the writing off of fines.
(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. (3) Despite subsections (1) and (2), enforcement action with respect to a fine defaulter’s driver licence is not to be taken under this Division if:
(a) the offence:
(i) in respect of which the fine concerned was imposed on the fine defaulter by a court, or (ii) in respect of which the penalty notice from which the fine concerned arises was served on the fine defaulter, occurred while the fine defaulter was under the age of 18 years, and (b) the offence is not a traffic offence. (4) The Roads and Traffic Authority is to cease enforcement action when directed to do so by the State Debt Recovery Office.
(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 issue of an unregistered vehicle permit to the fine defaulter, (g) the registration of a motor vehicle in the name of the fine defaulter, or the renewal of registration of a motor vehicle in the name of the fine defaulter, under the , Recreation Vehicles Act 1983 (h) the issue of trader’s plates to the fine defaulter, (i) the processing of a number plate exchange for the fine defaulter, (j) the reservation of a particular number plate for the fine defaulter, (k) the ordering of a particular number plate, or a particular design of number plate, for the fine defaulter, (l) the testing of the fine defaulter to ascertain the fine defaulter’s eligibility for a driver’s licence, (m) the booking of a driving test for the fine defaulter, (n) 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 2 of the to annul that conviction or sentence, Crimes (Local Courts Appeal and Review) Act 2001 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 make an order that all debts due and accruing to a fine defaulter from any person specified in the order are attached for the purposes of satisfying the fine payable by the fine defaulter (including an order expressed to be for the continuous attachment of the wage or salary of the fine defaulter). The order is called a garnishee order .
(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 person executing a property seizure order may, at any reasonable time of the day or night, enter any premises for the purposes of executing the order. (2) Subsection (1) does not authorise any such person to enter any part of premises used only for residential purposes without the permission of the occupier of the premises or the authority of a search warrant under this section. (3) Any such person may apply to an authorised officer for the issue of a search warrant if the person believes on reasonable grounds that there may be property liable to seizure under the property seizure order in any premises.
(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. Civil Procedure Act 2005
(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. (3) The State Debt Recovery Office is not to make an order if satisfied that the person is not capable of performing work under an order or is otherwise not suitable to be engaged in such work.
(1) As soon as practicable after making a community service order under this Division, the State Debt Recovery Office must cause a copy of the order and written notice of the order to be served on the fine defaulter.
(1) The community service order and notice may be served on the fine defaulter only in accordance with the directions of the State Debt Recovery Office.
(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) After a community service order is revoked under section 86 (1), the State Debt Recovery Office may by warrant commit the fine defaulter to a correctional centre to be kept there according to the terms of the warrant for the period of imprisonment calculated in accordance with this Division, unless the fine defaulter sooner pays the relevant outstanding fine.
(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) (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) if an earlier order for periodic detention (whether under this Act or the ) has been revoked because the fine defaulter has failed to serve a sentence of imprisonment in accordance with the requirements of the order, or Crimes (Sentencing Procedure) Act 1999 (f) 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) As soon as practicable after making an order under this Division (a periodic detention order ), the Commissioner of Corrective Services must cause a copy of the order and written notice of the order to be served on the fine defaulter, the State Debt Recovery Office and the governor of the periodic detention centre to which the fine defaulter is committed to serve the sentence.
(1) The periodic detention order and notice may be served on the fine defaulter only in accordance with the directions of the Commissioner of Corrective Services.
(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. (3) The State Debt Recovery Office may:
(a) extend the time for payment of the whole fine, or (b) allow the fine to be paid by instalments of such amounts, and at such times, as the Office specifies.
(1) After a fine enforcement order is made and before a community service order is issued in the matter, an application to have the fine written off may be made to the State Debt Recovery Office by the fine defaulter. (1A) The State Debt Recovery Office may, on the application of a fine defaulter or at its own discretion, write off an unpaid fine:
(a) if it is satisfied that, due to any or all of the financial, medical or personal circumstances of the fine defaulter:
(i) the fine defaulter does not have sufficient means to pay the fine and is not likely to have sufficient means to pay the fine, and (ii) enforcement action under Division 4 has not been or is unlikely to be successful in satisfying the fine, and (iii) the fine defaulter is not suitable to be subject to a community service order under Division 5, or (b) in accordance with guidelines issued under section 120.
(1) The Hardship Review Board may, on the application of a fine defaulter, review a decision by the State Debt Recovery Office to refuse an application by a fine defaulter for time to pay a fine or to have a fine written off. (2) A fine defaulter may not make more than one application under this section in relation to the same fine.
(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 . Civil Procedure Act 2005
(1) The State Debt Recovery Office has the functions conferred or imposed on it by or under this or any other Act.
(1) The State Debt Recovery Office, the Director of the Office, a member of the staff of the Office or any other person engaged in the administration of this Act, may disclose personal information obtained in relation to a person in the administration or execution of this Act:
(a) in connection with the administration or execution of this Act (including for the purpose of the imposition, administration or enforcement of a fine), or (a1) to a tax officer (within the meaning of the ) for the purposes of the administration or execution of a taxation law (within the meaning of that Act), including for the purpose of any legal proceedings arising out of a taxation law or a report of any such proceedings, or Taxation Administration Act 1996 (a2) to a person engaged in the administration or execution of the following laws for the purposes of the administration or execution of those laws (including for the purpose of any legal proceedings arising out of any of those laws or a report of any such proceedings):
(i) the or a corresponding law of another State or a Territory, First Home Owner Grant Act 2000 (ii) the , or Unclaimed Money Act 1995 (b) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates, or (c) in the case of information obtained in relation to a fine defaulter:
(i) to a government agency that is a prosecuting authority in relation to the offence concerned or on whose behalf the offence was prosecuted, or (ii) to a government agency on whose behalf the penalty notice for the offence concerned was issued, or (iii) to the Hardship Review Board, or (d) as authorised or required by or under any other Act.
(cf sec 5 (3)) Fines and Penalties Act 1901
(1) Despite sections 25 and 26, a penalty reminder notice may be issued to and served on a person even if the penalty notice to which it relates was returned as being undelivered to its sender after being sent to the person at the person’s recently reported address, unless the appropriate officer concerned has received some other evidence that the penalty notice was not served on the person.
(Section 131)