Fines Act 1996 No 99
Current version for 19 December 2014 to date (accessed 23 December 2014 at 10:28)

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)  Service of fine enforcement order
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)  Driver licence or vehicle registration suspension or cancellation
If the fine is not paid within the period specified, Roads and Maritime Services suspends any driver licence, and may cancel any vehicle registration, of the fine defaulter. If the driver licence of the fine defaulter is suspended and the fine remains unpaid for 6 months, Roads and Maritime Services cancels that driver licence (see Division 3).
(c)  Civil enforcement
If the fine defaulter does not have a driver licence or a registered vehicle or the fine remains unpaid after 6 months, civil action is taken to enforce the fine, namely, a property seizure order, a garnishee order or the registration of a charge on land owned by the fine defaulter (see Division 4).
(d)  Community service order
If civil enforcement action is not successful, a community service order is served on the fine defaulter (see Division 5).
(e)  Imprisonment if failure to comply with community service order
If the fine defaulter does not comply with the community service order, a warrant of commitment is issued to a police officer for the imprisonment of the fine defaulter (except in the case of children).
(f)  Fines payable by corporations
The procedures for fine enforcement (other than community service orders and imprisonment) apply to fines payable by corporations (see Division 7).
(g)  Fine mitigation
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.
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