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Infringement Notices

What is an Infringement Notice?

Infringement notices are issued by the police, local government authorities and various other prosecuting agencies, either in person or through the post. You can get infringement tickets for things like speeding, illegal parking, not registering your car, littering or failing to have safety equipment on a boat.

If you don't pay your infringement notice in the prescribed or statutory period, it is referred to the Fines Enforcement Registry (FER), where a court order is issued. When this happens, the infringement notice becomes a court order and further fees are imposed to recover the fine. Failing to pay an infringement notice can result in the loss of a driver's or vehicle licence, even if your fine was not traffic related.

The infringement process

  • the prosecuting authority issues an infringement notice. Depending on the prosecuting authority and the legislation through which they are issuing the infringement notice, you usually have a minimum of 28 days to pay
  • if no payment is received, the prosecuting authority will issue a final demand notice (a fee applies and an extra 28 days is allowed for payment)
  • if no payment is received, the infringement notice is referred to the Fines Enforcement Registry
  • the infringement is registered at the Fines Enforcement Registry and is made an order of the court (a fee applies and an extra 28 days is allocated to payment); You can either pay, or choose to have your matter referred to a Magistrate
  • if you still do not pay the infringement, a notice of intention to enforce is issued and you have a further extra 28 days to pay
  • if no payment is received, your driver's and/or vehicle licence may be suspended and/or an enforcement warrant may be issued to recover the outstanding debt
  • the enforcement warrant authorises the Sheriff to immobilise your vehicle and/or seize and sell property to satisfy your debt.

Driving under licence suspension is a serious offence which will incur further penalties and could also mean that, in the case of an accident, your insurance company may not cover you.

While under licence suspension for fine default, you are not eligible for an extraordinary licence, which could also affect your job if you need a licence for your work. In addition, if fines are unpaid you will not be issued a police clearance certificate.

Drivers suspended while holding a probationary licence will have to sit their driver's licence test again.

If your driver's/motor vehicle licence is due to be suspended, or is suspended, you can make an application to the Fines Enforcement Registry to not impose, or to lift a licence suspension order. This may be for reasons of 'medical' and/or 'employment' hardship and/or 'family reasons', but you will have to enter into a strict time-to-pay payment plan with the Fines Enforcement Registry first.

Contesting Infringements

If you wish to contest an infringement which has been issued to you, there are two options available:

  1. Contact the authority that initially issued the notice. Depending on the nature of the offence, it may be able to be resolved without proceeding to court.
  2. Elect to have the matter heard before a Magistrate, using the Application for a Court Hearing form.

Please be aware that the Fines Enforcement Registry is not able to determine the validity of an offence.

What will happen if I don't pay my fine(s)?

If you don't pay your court fines, further penalties can be imposed, including:

  • additional fees
  • suspension of driver's licence
  • suspension of vehicle licence
  • vehicle immobilisation
  • seizure and sale of your property
  • an order to undertake community service and
  • imprisonment.

If you don't pay your infringement notices, further penalties can be imposed, including:

  • additional costs
  • suspension of driver's licence
  • suspension of vehicle licence
  • vehicle immobilisation; and seizure and sale of your property.

Last updated: 13-Sep-2016

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