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Example of an unpaid fine

Court imposed Fine of $200

Fine $200 plus court costs @ $177.00 + Prosecution costs @ $16 + Victims of Crime levy @ $60*

= to $453.00]

After 28 days, a Reminder Notice is sent ($52.50 fee)*

[*Criminal Law (Sentencing) Regulations 2014, Schedule 2].

Amount now due is $505.50

After 14 days, Fine Enforcement proceedings commence

Drivers licence will be suspended for 60 days and Registrar of Motor Vehicles will cease business (eg cannot register vehicle)

Fee $46 + previous costs

Amount due is now $551.50

There is then 81 days before a summons to attend

Debtor must attend Fines Enforcement and Recovery Unit to show cause why fines have not been paid.

After the summons to attend there is 28 days before a warrant for arrest and Order for Seizure and Sale of Property, fee is $133.50*

[*Sheriff’s Regulations 2005, Schedule 1 [items 2 + 4]].

Amount due is now $646.50

A Debtor can be arrested and/or property can be seized and sold. Additional sanctions include the making of an order to garnishee the debtor’s monies and to encumber land. The names of absconding debtors may also be published.

At any stage the debtor can pay the amount then outstanding in full by due date or make a payment arrangement with the Fines Enforcement and Recovery Unit.

Expiation Notices

The same procedure applies for an unpaid Police Expiation Notice or notice issued by a local government council. If the notice is disputed, a person may elect to be prosecuted or may request that the notice be withdrawn because it is trifling. If payment will cause financial hardship, an application should be made to the Fines Enforcement and Recovery Unit to pay by installments or to extend the time to pay. However, if enforcement proceedings have already commenced, the only option is to apply to the court for a review of the enforcement order.

Home detention orders  :  Last Revised: Fri Apr 20th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.