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					Fine Enforcement
What is fine enforcement?                                                                                                                        What if I do nothing?
                                                                          Contact the Fines Payment Unit to make an “Application for Relief”.    The next step is a reminder notice.
Fine Enforcement is a term that generally describes the process by
which fine defaulters (people who don’t pay their fines) are              What if I do nothing?                                                  Before we go the reminder notice, here is where we’ll introduce the
compelled to pay, or make arrangements to satisfy their fines. The        The next step is enforcement of the expiation notice.                  beginning of the court fine stream, because after this, the
following is a description of the steps involved in the fine                                                                                     enforcement process for court fines and enforced expiations is the
enforcement process, assuming that at each step, the person owing                                                                                same.
the fine does nothing about it.
                                                                          Expiation reminder
Fine or expiation notice?
                                                                          If the expiation notice is not paid by the due date on the notice, a   Notice of fine
Firstly, let’s make the distinction between a court fine, and an          reminder will be sent to your address.
expiation notice. A fine, in the true sense of the word, is a penalty                                                                            All fines imposed by the court, as well as other monetary orders
ordered by a court against someone who has been found guilty of                                                                                  such as costs, levies, fees, compensation and orders for the
an offence. “Fines” issued by the Police (as in an “on the spot fine”     EXTRA FEE INCURRED - $30.00
                                                                                                                                                 forfeiture of bail or bond money, automatically receive 28 days to
or a speed camera fine) or local councils (as in a parking ticket) are                                                                           pay. If you receive a fine in court, and you need more than 28 days
in fact expiation notices. But usually, the general public doesn’t        How long do I have to pay?                                             to pay, you may be able to see someone from the Fines Payment
recognise the distinction between the two, and both are commonly          14 days (the due date will be shown on the reminder notice).           Unit straight away (or, if you appeared in a country court you may be
referred to as “fines”. For the purpose of this description however,                                                                             able to see the court registrar, who is able to perform the same
we will make the distinction between court fines and expiations,          What are my options?                                                   functions as the FPU, straight away). If you leave the court without
because there are some differences in the initial enforcement steps       Pay in full by the due date using one of the payment options set out   making a payment arrangement, a notice of fine will be sent to your
before they both end up in the same boat.                                 in the notice (usually to Australia Post or the issuing authority).    address.

Expiation notice                                                          Contact the Fines Payment Unit to make an “application for relief”     How long do I have to pay?
                                                                          (application for more time to pay on the grounds of hardship).         28 days (the due date will be shown on the notice of fine).
By far the majority of offences committed by ordinary people are
expiable offences such as traffic violations (eg speeding, red-light      What if I do nothing?                                                  What are my options?
camera) and council by-law violations (eg parking tickets). An            The next step is enforcement of the expiation notice.                  Pay in full by the due date to Australia Post or the Fines Payment
expiable offence is one where the law provides that an issuing
                                                                                                                                                 Unit; full details of how payment can be made appear on the notice.
authority (which can be the Police, local council etc) may issue an
expiation notice themselves, rather than taking the matter to court. If
you commit an expiable offence, you may be issued with an                                                                                        If you don’t think you will be able to pay in full by the due date,
expiation notice personally, or it can be posted to you.                  Notice of order of enforcement                                         contact the Fines Payment Unit to arrange payment terms.


How long do I have to pay?                                                If the amount is still owing after the due date on the expiation       What if I do nothing?
28 days (the due date will be shown on the expiation notice)              reminder, the issuing authority (ie the police, local council or       The next step is a reminder notice.
                                                                          whoever issued the expiation notice) can enforce the expiation by
                                                                          lodging it with the Magistrates Court. The expiation now assumes       Reminder notice
What are my options?                                                      the same status as a court fine. A Notice of Order of Enforcement is
Pay in full by the due date using one of the payment options set out      sent to your address.
in the notice (usually to Australia Post or the issuing authority)                                                                               If the amount owing is not paid by the due date on a notice of order
                                                                                                                                                 of enforcement, or a notice of fine, a reminder notice will be sent to
An “Application for Relief” may be lodged with the Fines Payment
                                                                          EXTRA FEES INCURRED - up to $143.00                                    your address.
Unit. Examples of your income and expenses must be submitted
with your application to ensure your assessment accurately reflects       How long do I have to pay?                                             EXTRA FEE INCURRED - $15.10
your individual financial circumstances and ability to pay the fine.      28 days (the due date will be shown on the Notice of Order of
                                                                          Enforcement)                                                           How long do I have to pay?
What if I do nothing?                                                                                                                            14 days (the due date will be shown on the reminder notice).
The next step is an expiation reminder.                                   What are my options?
                                                                          Pay in full by the due date to Australia Post or the Fines Payment     What are my options?
                                                                          Unit; full details of how payment can be made appear on the notice.
How long do I have to pay?                                                                                                                       Pay in full by the due date to Australia Post or the Fines Payment
14 days (the due date will be shown on the reminder notice).                                                                                     Unit; full details of how payment can be made appear on the notice.
                                                                          If you don’t think you will be able to pay in full by the due date,
                                                                          contact the Fines Payment Unit to arrange payment terms.               If you don’t think you will be able to pay in full by the due date,
What are my options?
                                                                                                                                                 contact the Fines Payment Unit to arrange payment terms.
Pay in full by the due date using one of the payment options set out
in the notice (usually to Australia Post or the issuing authority).
                                                                                                              1
What if I do nothing?                                                      ability to pay the amount owing  can be assessed. If you disobey
The next step is Fines Enforcement Suspension (FES) and/or                 the summons, a warrant can be issued for your arrest.
Cessation of Business (COB).
                                                                           How long do I have to pay?
Order for licence suspension and/or cessation of                           There is no more time to pay - the amount is now overdue and must
business                                                                   be paid immediately.

If the amount is still owing after the due date on the reminder notice,
                                                                                                                                                     Courts Administration Authority
                                                                           What are my options?
an order will be made                                                      Pay in full to the Fines Payment Unit.
                                                                           Appear at the Fines Payment Unit as directed by the summons.
                                                                                                                                                              South Australia
(a) suspending your driver’s licence (if you hold a current licence or
    permit) for 60 days (this order is called a “Fines Enforcement
                                                                           What if I do nothing?                                                            Fines Payment Unit
    Suspension” or “FES”), and/or
                                                                           The next step is a warrant to arrest and an order for sale of property.
(b) prohibiting you from doing business with the Registrar of Motor
    Vehicles (this order is called a “cessation of business” or “COB”)     Warrant to arrest and order for sale                                                Fine
A COB will prevent you from                                                If you fail to attend as directed by the summons, a warrant for your

(a) registering, or renewing the registration of your car, motorbike etc
                                                                           arrest will be issued, as well as an order for sale of your property -
                                                                           either personal property (goods such as a car, TV, stereo etc), or
                                                                           real property (house and land). The warrant to arrest and order for
                                                                                                                                                      Enforcement
(b) obtaining or renewing a driver’s licence or permit, and                sale will be executed by a Sheriff’s officer at your address, or
                                                                           anywhere you can be found. The Sheriff’s officer is empowered to:
(c) conducting any other vehicle-related transactions with the                  •    enter any land where your property is situated
    Registrar of Motor Vehicles.
                                                                                •    seize and remove any personal property belonging to you
Whilst the FES lasts for a set period of 60 days, the COB lasts
indefinitely (eg until the amount owing is paid, or a payment                   •    use wheel clamps to immobilise any vehicle belonging to
arrangement is entered into with the Fines Payment Unit).                            you

EXTRA FEE INCURRED - $23.20                                                     •    seize any documents which show that you own real or
                                                                                     personal property
How long do I have to pay?                                                 Your property can then be sold to satisfy the amount you owe. If you
There is no more time to pay - the amount is now overdue and must          have no property available for seizure, you will be arrested and
be paid immediately.                                                       brought before an officer of the Fines Payment Unit to undergo a
                                                                           means assessment to ensure that you have no undetected assets or
What are my options?
Pay in full to the Fines Payment Unit or at a Transport SA Customer
Service Centre or contact the Fines Payment Unit to arrange
                                                                           source of income that will provide the means for you to pay what you
                                                                           owe.
                                                                                                                                                     What happens
payment terms.                                                             EXTRA FEE INCURRED - $65.00

What if I do nothing?
The next step is a summons to attend the Fines Payment Unit.
                                                                           How long do I have to pay?
                                                                           There is no more time to pay - you are at the end of the line
                                                                                                                                                      If I don’t
                                                                           What are my options?

                                                                                                                                                        Pay??
Summons to debtor                                                          Pay in full to the Sheriff’s Office or the Fines Payment Unit
                                                                           .
If the amount is still outstanding after a FES and/or COB have been
                                                                                              Any further questions?
issued, a summons will be issued requiring your attendance at the
nearest Fines Payment Unit (or if you live in the country, the nearest
Court registry). A summons to debtor notice can be posted to your                                      Telephone:
address, or it may be served on you personally. You must obey the                        Easy Pay Fines Call Centre
summons by appearing at the place specified, and on the date and
time specified in the summons. The purpose of the summons is to                            Freecall 1800 659 538
bring you before an officer of the Fines Payment Unit so that your                        easypayfines@courts.sa.gov.au

				
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Description: Fine Enforcement