A person who owes fines is treated in a similar way to an ordinary debtor. A Fines Payment Unit is located at all Magistrates Court Registries to manage the collection of fines and court costs.
In order to avoid additional costs associated with late payment of fines you must either:
- Pay in full by the due date, or
- Negotiate payment by instalments with the Fines Payment Unit prior to the due date on the notice.
If you are unable to meet the suggested instalment plan then you can make an application before a magistrate and suggest an alternative instalment plan or request the fines be reduced or cancelled (only in limited circumstances will this occur), serve a licence disqualification period or request to do community service work if you are in financial hardship.
Penalties for non-payment of fines
Each time a date is missed a reminder notice needs to be sent out further charges and late fees will be imposed. If non-payment continues then other sanctions can be imposed such as suspension of a driver’s licence. The Registrar of Motor Vehicles may also be instructed to “cease business”, which means that a debtor will not be able to register a motor vehicle until the fine is paid.
There are also provisions that allow for the seizure and sale of property of the defaulter. Property that cannot be seized under a bankruptcy application cannot be seized for fine default, with the exception of a motor vehicle of any value. If the car is registered in joint names it will not impact on the joint owner assuming that they do not have any outstanding fines or expiation notices. The joint owner can register and use the jointly owned vehicle.
On seizure, the property comes under the control of the Fines Payment Unit. Where practicable it will be removed and stored pending the making of arrangements by auction. The Fines Payment Unit will be able to immobilise motor vehicles as part of the seizure process. People who wish to lay claim to ownership of seized property will be provided with an opportunity to do so before the court.
There will be some occasions when property is seized, but left in the possession of the defaulter. This is called "walking possession". Defaulters will have an opportunity to retrieve property prior to its sale by paying the fine and all subsequent costs incurred.
See the Courts website for more information.
Contacts
Fines Payment Unit
Telephone 1800 659 538
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