Is there any way to get an enforcement order reviewed?
You can apply to the Court for a review of the order within 30 days of becoming aware of the order. The Court may allow you to apply outside of this time limit if good reason exists for doing so.
You can only apply to review the enforcement order on the grounds that:
- you should not have been given the expiation notice in the first place
- procedural requirements were not complied with by the authority
- you did not receive a notice the authority sent to you
- the authority did not receive a notice you sent to it (for example, a statutory declaration or an election to be prosecuted)
- you already expiated the offence
- the amount does not take into account a part payment you made
You will need to fill in a Form 51 Application for Review of an Enforcement Order and swear or affirm its contents.
After you lodge your application, the Registrar will notify the authority that issued you with the expiation notice and then list it for hearing before a Magistrate or special justice within 14 days.
If the authority does not notify the Registrar of any objection to your application, the Magistrate or special justice will consider your application at the first hearing.
Neither you, nor the authority, are required to attend the hearing. However, if you would like to attend you should let the court staff know when you lodge your application.
If the authority objects to your application or the Magistrate or special justice, after having considered your application does not intend to grant it, the Magistrate or special justice will set a time for a second hearing. The Registrar will notify both you and the authority of the second hearing and each of you may attend the hearing to present further submissions and evidence to the Court.
The Magistrate or special justice may confirm, change or revoke the order.
If the Magistrate or special justice revokes an order because procedural requirements were not met or the notice was not received, and it has not been more than one year since the date of the alleged offence, you will be taken to have been given an expiation notice again for the first time for the offence. You will then have 28 days to pay the expiation fee. You can still elect (choose) to be prosecuted, but any prosecution must start within six months of the end of the 28 day period.
There is no right of appeal from the decision of the Magistrate or special justice.
See Expiation of Offences Act 1996 s 14.
See also Magistrates Court Act 1991 ss 7A and 9A.
See also Magistrates Court Rules 1992 r 47.
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