What if I do nothing in response to an expiation notice?
After 28 days have passed from the date of the expiation notice, the authority that issued you with the expiation notice will then issue you with an expiation reminder notice.
An expiation reminder notice must specify the amount of the expiation fee, to whom the fee is payable and the period within which it is payable. Like the expiation notice, it must be accompanied by another notice in the prescribed format through which you can elect (choose) to be prosecuted. A set reminder notice fee, which may include particular costs which were incurred in reminding you, will be added to the unpaid expiation fee.
Once 14 clear days have passed, the authority can send the Registrar of the Magistrates Court an enforcement certificate. If less than six months have passed since the date of the alleged offence, the Registrar will make an enforcement order.
The first enforcement order is an order convicting you of the offence and fining you in the same amount as the expiation fee, plus the cost of making the enforcement order.
These costs involved with enforcement can be several hundreds of dollars.
You should receive a copy of the order personally or by post.
You have 28 days from the date of the enforcement order within which to pay the fine.
See Expiation of Offences Act 1996 ss 11 and 13.
See also Criminal Law (Sentencing) Act 1988 ss 61.
An enforcement order has been made against me. What are my options now?
If you do nothing within the time for payment of the court fine, you will be sent a reminder notice and further orders of enforcement may be made 14 days thereafter (for more information, see 'Enforcement of court fines').
To see a flowchart of the enforcement process, click here.
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