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Paying court fines

What if I cannot pay a court fine by the due date?

Any fine imposed by a court is payable within 28 days from (and including) the day on which the order was made [Fines Enforcement and Debt Recovery Act 2017 (SA) s 11]. Where a victim of crime levy has been imposed on a person, the levy is payable within 28 days from (and including) the day on which the person was sentenced for the offence [see s 11(2)].

If you are unable to pay a court fine in full within the 28 day period you may, after paying the prescribed fee ($19.10 *) enter into an arrangement with the Fines Enforcement and Recovery Unit to pay by instalments over a period of no more than 12 months [Fines Enforcement and Debt Recovery Act 2017 (SA) s 15].

*as of 30 April 2018.

If you are unable to pay the prescribed fee due to financial hardship, the Chief Recovery Officer may determine that you are exempt from paying the fee [see Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 7].

Alternatively, you can enter into an arrangement:

  • to pay by instalments over a period exceeding 12 months;
  • extending the time to pay;
  • taking a charge over land;
  • surrendering property to the Chief Recovery Officer;
  • paying any amount by or through some other person or agency (e.g. deductions from a bank account or wages);
  • or any form agreed by the Chief Recovery Officer and yourself.

See Fines Enforcement and Debt Recovery Act 2017 (SA) s 15.

In the event you do not have, and are not likely to have, the means to pay the court fine without you or your dependants suffering hardship, then the Chief Recovery Officer may agree for you to:

If you are an undischarged bankrupt or you have previously been the subject of an enforcement action, the Fines Enforcement and Recovery Officer may refuse to enter into an arrangement or may require you to provide security or obtain guarantees [s 15(8)].

If you fail to pay the court fine or enter into an agreement with the Chief Recovery Officer within the allowed 28 day period, additional fees will be added to the court fine which can significantly increase the amount owing.

If you fail to pay the court fine within the 28 day period from when it was ordered, a fee of $99 * will be added to the total amount owing [see Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 6(1)].

If you fail to pay the court fine within a further 30 days after it was originally due, an additional fee of $180 * will be added to the total amount owing [see Fines Enforcement and Debt Recovery Regulations 2018 (SA) reg 6(2)]. This is in addition to the $99 fee that would already have been added to the court fine.

*Fees current as of 30 April 2018.

    Paying court fines  :  Last Revised: Fri May 4th 2018
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