Part 2 Fines imposed by courts
5 Summary of procedure for payment of court fines
(1) The following is a summary of the procedure under this Part for the payment of fines imposed by any court:(a) Payment details
A fine imposed by a court is payable within 28 days after it is imposed.(b) Notification of fine
The person on whom the fine is imposed is to be notified of the fine, the arrangements for payment and the action that may be taken under this Act to enforce the fine.(c) Time to pay
A court registrar may allow further time to pay the fine on the application of the person.(d) Enforcement order
If payment of the fine is not made by the due date, a court fine enforcement order may be made against the person. If the person does not pay the amount (including enforcement costs) within 28 days, enforcement action authorised by this Act may be taken (see Part 4).(e) Withdrawal of enforcement order
A court fine enforcement order may be withdrawn if an error has been made.(2) This section does not affect the provisions of this Part that it summarises.
6 Consideration of accused’s means to pay
(cf Crimes Act 1900 sec 440AB and Justices Act 1902 sec 80A)
In the exercise by a court of a discretion to fix the amount of any fine, the court is required to consider:(a) such information regarding the means of the accused as is reasonably and practicably available to the court for consideration, and(b) such other matters as, in the opinion of the court, are relevant to the fixing of that amount.
(1) A fine imposed by any court is payable within 28 days after it is imposed.(2) Arrangements for the payment of the fine after that time may be made under this Part.(3) The court, when imposing a fine:(a) may direct that the fine is payable before that time for the special reasons stated by the court, and(b) may not allow time for payment of the fine after that time.
(1) A fine imposed by any court is payable to the registrar of the court unless the court or the registrar of the court otherwise directs.(2) The payment may be lodged with the registrar or other officer of any court.
(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.(2) The notice may be served personally or by post, by means of document exchange, by facsimile transmission or by any other means authorised by the regulations.(3) The notice is to be served personally during or at the completion of the proceedings concerned if the person is present at those proceedings and available to be served.(4) The notice is to specify the amount payable, the time for payment and the person to whom it is to be paid. The notice is to inform the person:(a) of the arrangements that may be made for further time to pay the amount, and(b) of enforcement action that may be taken under this Act if the amount is not paid by the due date, and(c) of additional enforcement costs that become payable under this Act if enforcement action is taken.(5) The regulations may make provisions for or with respect to the form and service of the notice.
10 Application to registrar for further time to pay fine
(1) A person liable to pay a fine imposed by a court may apply for further time to pay the fine to:(a) the registrar of that court, or(b) in the case of a fine imposed by the Local Court—a registrar of the Local Court, or(c) any other registrar of a court specified in the notice of the fine served on the person under this Part as a registrar who may deal with the application.(2) The registrar may, by order, allow further time to pay the fine if it appears expedient to do so.(3) The registrar may, by such an order:(a) extend the time for payment of the whole fine, or(b) allow the fine to be paid by instalments in such amounts, and at such times, as the registrar specifies.(4) If an instalment of a fine is not paid by the due date, the remaining instalments then become payable.(5) An order allowing further time to pay a fine may be amended or revoked by a further order made on the application of the person liable to pay the fine or on the registrar’s own initiative.
11 Provisions relating to application for further time to pay fine
(1) This section applies to an application for further time to pay a fine.(2) More than one application may be made in respect of a fine (whether or not the earlier applications were granted).(3) The registrar may, for the purposes of dealing with an application, require the applicant to provide information or documents in support of the application (including documents relating to the financial means and identity of the applicant). The registrar may refuse to deal with the application if the information or documents are not provided.(4) The registrar, when dealing with an application, is to comply with such requirements as are prescribed by the regulations for the purposes of this section. The registrar is also to have due regard to any relevant guidelines under section 120.(5) The decision of the registrar on an application is final, and may not be appealed against, reviewed, quashed, or called into question by any court or tribunal.(6) The registrar may not grant an application after a court fine enforcement order is made in respect of the fine.Note. After the making of the enforcement order, an application for further time to pay may be made to the State Debt Recovery Office (see section 100).(7) The registrar of a court may authorise any officer of the court to deal with an application and to make, amend or revoke an order allowing further time to pay a fine.
Division 3 Court fine enforcement orders
12 What is a court fine enforcement order?
(1) A court fine enforcement order is an order made by the State Debt Recovery Office for the enforcement of a fine imposed by a court.(2) A single order may be made for the enforcement of 2 or more fines payable by a person.Note. Part 4 provides for the fine defaulter to be notified by the State Debt Recovery Office of the enforcement order and of the enforcement action that may be taken if the outstanding balance of the fine (and enforcement costs) is not paid within 28 days.
13 Referral for a court fine enforcement order
(1) The registrar of the court that imposed a fine (or, if the fine is payable to the registrar of some other court, the registrar of the court to whom the fine is payable) is to refer the matter to the State Debt Recovery Office for the making of a court fine enforcement order if:(a) the fine has not been paid by the due date, or(b) the person is in receipt of a Government benefit and is seeking an order under section 100 (Time to pay) in relation to the fine, or(c) the person is seeking a work and development order in relation to the fine.(2) A matter may be referred to the State Debt Recovery Office for the making of a court fine enforcement order:(a) by post, or(b) by means of a document exchange, or(c) by facsimile transmission or other electronic transmission.(3) Subsection (1) (a) does not apply to a court that uses an automated electronic system for the referral of unpaid court imposed fines to the State Debt Recovery Office.
(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.(1A) Despite subsection (1), a court fine enforcement order may also be made if a court has imposed a fine on a person and:(a) the person is in receipt of a Government benefit and is seeking an order under section 100 (Time to pay) in relation to the fine, or(b) the person is seeking a work and development order in relation to the fine.(1B) The State Debt Recovery Office must not make a court fine enforcement order under subsection (1A) unless it determines to make the order under section 100, or the work and development order, sought by the person.(1C) If the State Debt Recovery Office does not make a court fine enforcement order in respect of a matter referred to it by a registrar under section 13 (1) (b) or (c), it is to refer the matter back to the registrar.(2) The State Debt Recovery Office is not required to inquire into whether this section authorises the making of an order in a matter referred to it by the registrar of a court.(3) A court fine enforcement order may be made in the absence of, and without notice to, the person liable to pay the fine.(4) The State Debt Recovery Office may, but is not required to, make a court fine enforcement order if a fine to which it is to apply has previously been the subject of a court fine enforcement order in respect of which any enforcement action has been taken.
15 Form of court fine enforcement order
(1) A court fine 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 of the fine that remains to be paid, together with specified enforcement costs.(2) Any amount recovered in consequence of the making of a court fine 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 imposition of the fine.
16 Enforcement costs under order
(1) The regulations may prescribe the enforcement costs payable under a court fine 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 State Debt Recovery Office on the making of the order,(b) an amount may be prescribed as the enforcement costs payable to Roads and Maritime Services if any enforcement action is taken by Roads and Maritime Services 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 enforcement action is taken by the Sheriff or other official under Division 4 of Part 4 before payment is made under the order.(3) Any amount recovered in consequence of the making of a court fine 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 fine.
(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.(3) A court fine enforcement order may be withdrawn completely or only to the extent of some of the fines to which it applies.(4) If a court fine enforcement order is withdrawn 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 court fine enforcement order or penalty notice enforcement order, and(c) enforcement costs are not payable in respect of the issue of the order and, if paid, are repayable.(4A) If a court fine enforcement order is withdrawn only to the extent of some of the fines to which it applies:(a) the order continues to have effect in respect of the remaining fines to which it applies, and(b) any amount that has been paid under the order is to be applied to payment of the remaining fines to which it applies and any enforcement costs in respect of that order.(5) The withdrawal of a court fine enforcement order does not prevent the making of a further order in respect of the fine.(6) Despite subsections (4) and (4A), if a court fine enforcement order is withdrawn (whether completely or only to the extent of some of the fines to which it applies), any amount paid under the order that would otherwise be repayable to a person may instead be allocated by the State Debt Recovery Office towards the payment of amounts payable under any other fine enforcement order that is in force in relation to the person.(7) The State Debt Recovery Office must notify the person concerned of any allocation made under subsection (6), but a failure to notify the person does not affect that allocation.
18 Special provision relating to certain compensation levies
(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.(4) The appropriate deduction is to be made by the Commissioner of Corrective Services or the governor of the correctional centre in which the offender is imprisoned.(5) Money may be deducted from prison earnings in accordance with this section despite the provisions of any other Act or law.(6) Any amount of a compensation levy to which this section applies that remains unpaid when the offender is discharged from the correctional centre, or released on parole, is taken to have been satisfied.(7) Subsection (6) applies even if the offender’s parole is subsequently revoked.(8) In this section, a reference to an offender’s prison earnings is a reference to the payments (if any) to be made to the offender under section 7 of the Crimes (Administration of Sentences) Act 1999.