*Please note that the process may be different and amounts owing will change when dealing with an expiation notice as opposed to a court issued fine.
Court imposed Fine of $200
Fine $200 plus Prosecution costs @ $100 + Victims of Crime levy @ $160*
[*Victims of Crime (Fund and Levy) Regulations 2018, Schedule 1].
= to $460.00]
After 28 days, a Reminder Notice is sent ($53.50 fee)
A further amount is added to the amount you owe ($99.00) for failing to pay the fine.
Amount now due is $612.50
After 14 days, Fine Enforcement proceedings commence if fine is still unpaid.
Drivers licence will be suspended and Registrar of Motor Vehicles will cease business (eg cannot register vehicle).
Fee of $19.10 is added to the amount owing.
Amount now due is $631.60
After a further 30 days has passed since the fine originally became due, an additional fee of $180 is added to the amount owing.
Amount now due is $811.60
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.
[*Sheriff’s Regulations 2005, Schedule 1 [items 2 + 4]].
Amount due is now $945.10
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.
The same procedure applies for an unpaid Police Expiation Notice or notice issued by a local government council, however, the late fees that apply may be different [see Fines Enforcement and Debt Recovery Regulations 2018 (SA)]. If the notice is disputed, a person may elect to be prosecuted or may request that the notice be withdrawn because it is trifling.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.
If both an expiation notice and reminder notice are ignored, enforcement action may be taken by the Fines Enforcement and Recovery Unit - see Fines Enforcement and Debt Recovery Act 2017 (SA) Part 7; see Expiation Notices.
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.