Australia
Unpaid Fines in Australia: Who Handles Fines in Each State and Territory
Independently fact-checked against primary sources (last audited September 28, 2026). · 11 primary sources cited on this page. How we verify our legal content

Every Australian state and territory handles fines through its own agency under its own legislation, so the rules for paying, disputing or falling behind on a fine depend on where the fine was issued.
This page compares how New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Northern Territory and the Australian Capital Territory each handle an unpaid fine, and links to a full guide for each one. It does not restate how much a specific traffic offence costs; for that, see Speeding Fines in Australia and Demerit Points Explained in Australia.
Who Handles Fines in Each State and Territory
- New South Wales: Revenue NSW, a division of NSW Treasury, administers penalty notices, payment plans, hardship applications and Work and Development Orders under the Fines Act 1996. The Local Court hears a penalty notice matter where someone elects to have it heard there. See Fines in NSW.
- Victoria: Fines Victoria, a Department of Justice and Community Safety business unit run by the statutory Director, Fines Victoria, can take payments and applications at any stage for some enforcement agencies, including Victoria Police. For others, such as public transport operators and local councils, it generally becomes involved only once a Notice of Final Demand issues, so until then deal with the agency named on the notice. See Fines in Victoria.
- Queensland: two agencies split the work. The Queensland Revenue Office (QRO) manages a fine before it is overdue; the State Penalties Enforcement Registry (SPER) takes over collection and enforcement once it is overdue. See Fines in Queensland.
- Western Australia: the Fines Enforcement Registry (FER), within the Department of Justice, collects both unpaid infringement notices and unpaid court fines once either is referred to it. The original notice comes from the Prosecuting Authority, such as WA Police, a local government or Transport WA, and the Department of Transport processes traffic infringements issued after 7 October 2024. See Fines in Western Australia.
- South Australia: Fines SA, led by the Chief Recovery Officer, enforces unpaid expiation notices, court fines and referred state debt. See Fines in South Australia.
- Tasmania: the Monetary Penalties Enforcement Service (MPES), run by the Director within the Department of Justice, collects unpaid fines but does not issue them and cannot decide a dispute about whether a fine should have been issued. See Fines in Tasmania.
- Northern Territory: the Fines Recovery Unit (FRU) sits within the Department of Corporate and Digital Development, not NT Police, even though NT Police issues many of the underlying infringement notices. See Fines in the Northern Territory.
- Australian Capital Territory: Access Canberra is the public facing service for paying a fine, though the Road Transport (General) Act 1999 defines a separate administering authority and road transport authority for disputes and suspension, and court imposed fines run through a different Act entirely. See Fines in the ACT.
How the Path Runs, in General
The broad shape is similar everywhere, but the details differ enough that a rule learned in one state can be wrong in another. A notice gives a window to pay or act: 28 days in Queensland, Western Australia, South Australia and the ACT, and for a Tasmanian State Government notice, but 21 days in Victoria, while a Tasmanian council notice runs on the period shown on it.

Missing that window brings a reminder or final demand stage. Victoria, the ACT, South Australia and Western Australia (at final demand) add a fee at that stage, and a Northern Territory courtesy letter can add a prescribed charge, while New South Wales adds nothing at the reminder stage and charges its overdue fine fee only after the reminder has run. In Tasmania, doing nothing, paying any part of the fine, or applying to MPES for more time or instalments counts as a conviction for the offence.
Most jurisdictions let the person choose a court hearing instead of paying, with different deadlines: New South Wales, Victoria (only before a Notice of Final Demand), Queensland, Western Australia, South Australia (an election to be prosecuted), Tasmania and the Northern Territory all have an election. The ACT works differently: after a written notice disputing liability, the administering authority decides whether to prosecute. Tasmania's MPES never decides a liability dispute; that always goes to the issuing authority.
If nothing is done, enforcement escalates through licence or vehicle registration action and, in most jurisdictions, civil enforcement such as garnishee, property seizure or a charge on land. The ACT's traffic and parking infringement ladder is the exception: it stops at suspension. Whether any of this can end in imprisonment differs sharply, as the table below shows.
Comparing Fines Enforcement Across Australia
| Jurisdiction | Agency | How to Seek Review | Hardship Scheme | What Happens If Unpaid | Imprisonment for Default |
|---|---|---|---|---|---|
| NSW | Revenue NSW (Fines Act 1996) | Internal review (grounds include a notice issued contrary to law, mistaken identity or exceptional circumstances; a caution may be possible for some offences after 10 years with a clear driving record), or elect the Local Court by the reminder notice due date. No right yet to withdraw a court election: the 21 day cooling off period in the Fines Legislation Amendment Act 2026 had not commenced at last verification | Work and Development Order (WDO), ss99A to 99K, on five grounds (mental illness, intellectual disability or cognitive impairment, homelessness, acute economic hardship, serious addiction); time to pay and write off (ss100, 101) | No fee at the reminder stage; an overdue fine fee ($65 adult, $25 under 18), a fine enforcement order, licence suspension (or, with no licence, possible registration cancellation), civil enforcement such as garnishee, property seizure or a land charge, then possibly a community correction or community service order | Abolished. Section 125 states nobody is liable to be committed to a correctional centre for failing to pay a fine by its due date |
| VIC | Fines Victoria, run by the Director, Fines Victoria (Fines Reform Act 2014) | Internal review (Infringement or Penalty Reminder Notice stage) or enforcement review (Notice of Final Demand or Enforcement Warrant stage) on five shared grounds; Person Unaware within 14 days of finding out; an internal review is decided within 90 days. Court election only before a Notice of Final Demand; a Notice of Objection within 28 days for excessive speed, drink or drug driving | Work and Development Permit (WDP), never for a court fine or a company fine; separately, the Family Violence Scheme | A fee at each stage ($30.00, then $155.60, then $68.00 as of 1 July 2026); from Notice of Final Demand, licence and registration suspension or blocking, bank or wage deduction, and a charge on land; an Enforcement Warrant lets the Sheriff clamp, seize or sell property and arrest the debtor | Court ordered only, as a last resort. An arrested debtor goes before the Magistrates Court, which may order one day per unpaid penalty unit, up to 24 months, only if no other order is appropriate and never where the person shows no capacity to pay or another reasonable excuse (Fines Reform Act 2014 ss165 to 165B) |
| QLD | QRO before overdue, SPER once overdue (State Penalties Enforcement Act 1999) | Free dispute with the issuing agency (or the court, for a court fine) before the due date, or elect a Magistrates Court hearing within the 28 day window. After an enforcement order, an infringement notice offence can still be elected to court within 28 days after the order unless the person already paid or applied for a payment plan; contact SPER within 14 days of becoming aware of an enforcement order (and within 6 months of its issue) if the notice or order was not received | Work and Development Order (WDO), ss32F to 32S, applied for by an approved sponsor on the debtor's behalf | Enforcement order with an $83.60 registration fee, then licence suspension, vehicle immobilisation, a fine collection notice to an employer, bank or other payer, property seizure or a registered charge | Live. The registrar can issue an arrest and imprisonment warrant (ss52, 107, 119 to 120) as a last resort, converting the debt into days at a cut out rate |
| WA | Fines Enforcement Registry (FER), Department of Justice (Fines, Penalties and Infringement Notices Enforcement Act 1994) | Elect a court hearing (Form FER001); after registration this stays open until any part is paid, a time to pay order is made or an enforcement warrant issues. For traffic infringements issued after 7 October 2024, a Department of Transport review for special or extraordinary circumstances. A licence suspension order or infringement enforcement warrant can be set aside where the person received none of the required notices | Work and Development Permit (WDP), ss46A to 46N, for court fines only, through an approved sponsor; a Fine Expiation Order credits custody against a registered court fine; for infringements, a time to pay order or Department of Transport extension or instalments | Notice of Intention to Enforce, then a Licence Suspension Order, then an Enforcement Warrant letting the Sheriff clamp a vehicle, seize and sell property, lodge a memorial on land, or garnishee wages or a bank account | Court fines only: a Magistrates Court warrant of commitment after an inquiry, generally once a work and development order route has failed, capped at the shorter of the amount owed divided by $250 a day or the offence's maximum term; never for an infringement notice |
| SA | Fines SA / Chief Recovery Officer (Fines Enforcement and Debt Recovery Act 2017) | A trifling offence review to the issuing authority, or election to be prosecuted, open until a payment arrangement or enforcement determination is made; once a fine is in the enforcement system, a $31.25 review of enforcement, applied for within 30 days of the enforcement notice | No Work and Development Order by that name. The Chief Recovery Officer can agree a hardship arrangement including community service or an approved treatment program (ss15, 20), or apply for a court ordered community service order (s46) | Restriction on motor vehicle transactions, licence suspension, garnishment of wages or a bank account without consent (s37), vehicle clamping, property seizure and a charge on land | Only for breaching a court ordered community service order (s47), never the original nonpayment directly |
| TAS | Monetary Penalties Enforcement Service (MPES) (Monetary Penalties Enforcement Act 2005) | No merits review at MPES. Dispute liability with the issuing authority, or elect a court hearing within the time allowed (28 days from service for a State Government notice) and before paying anything or applying to vary payment. After a deemed conviction for taking no action, apply to the Magistrates Court to set it aside; apply to suspend an enforcement order within 14 days of becoming aware of it or 6 months after service, whichever is earlier | Monetary Penalty Community Service Order (MPCSO), ss30 to 35, refused if the Director is satisfied the person can pay; no special circumstances or family violence ground | Doing nothing, paying part of the fine or applying to vary payment counts as a conviction. An enforcement order adds $106.50; sanctions can then be applied in any order: licence or registration suspension, or an enforcement warrant charging land, seizing property or redirecting money owed | Live under Part 8 (ss103 to 104). A warrant of commitment can follow once civil or administrative enforcement has failed and the person is barred from, or unsuitable for, an MPCSO |
| NT | Fines Recovery Unit (FRU), Department of Corporate and Digital Development (Fines and Penalties (Recovery) Act 2001) | Elect a court hearing at any time up to a courtesy letter's due date; once a penalty enforcement order exists for an unpaid infringement notice (not a court fine), apply to the FRU to annul it within 12 months, with appeal to the Local Court if refused | No named hardship category. A community work order is made when the Director believes civil enforcement will not work, not on hardship grounds, and no appeal lies against making or refusing one | Licence suspension without further notice, registration suspension, a licensing and registration freeze, vehicle immobilisation and publication of the defaulter's name once the debt exceeds $10,000, civil enforcement (seizure, garnishee or a land charge) or a community work order | Only after a community work order is revoked, for breach or because the debtor is assessed unsuitable (ss84 to 86), never where the debtor was under 18 for every relevant offence; capped at 3 months (s88) |
| ACT | Access Canberra (public face); administering authority and road transport authority (Road Transport (General) Act 1999) | Written notice disputing liability within the 28 day windows; the administering authority then decides whether to prosecute, within 60 days, rather than the person electing court directly | Infringement notice management plan (Division 3.2A): instalments, or an approved community work or social development program based on financial circumstances or relevant circumstances listed in s21A (such as mental illness, disability, addiction, family violence or homelessness); a waiver (Division 3.2B) as a last resort | For a traffic or parking infringement notice, a reminder notice with a service cost, then suspension of a licence, vehicle registration or right to drive after at least 10 days notice. No garnishee, property seizure or imprisonment for this notice type | Not for an ordinary infringement notice. Only for a court imposed fine under the Crimes (Sentence Administration) Act 2005, as a last resort by Magistrates Court order, at one day per $300 of the outstanding amount, capped at 6 months for an adult |
Work and Development Orders and Their Equivalents
Four jurisdictions run a sponsor or supervisor based scheme that lets a person work off a fine through unpaid work, treatment, education, counselling or mentoring instead of paying cash: New South Wales's and Queensland's Work and Development Orders, and Victoria's and Western Australia's Work and Development Permits. Their coverage differs. Victoria's permit can never include a court fine, while Western Australia's applies only to court fines, once a notice of intention to enforce has issued, and never to an unpaid infringement notice. New South Wales limits its order to five statutory grounds and needs an approved person to supervise it, and Queensland's order must be applied for by an approved sponsor on the debtor's behalf.

South Australia has no scheme by that name, and its non monetary options are limited. Where a person cannot pay without hardship, the Chief Recovery Officer can agree an arrangement that includes community service or an approved alcohol, drug or gambling treatment program. Otherwise, the Chief Recovery Officer can apply for a court ordered community service order, which needs a court finding that the debtor does not have, and is unlikely within a reasonable time to have, the means to pay without hardship. Imprisonment in South Australia's fines system runs only through a breach of a court community service order, never as a direct response to the original unpaid fine.
The Australian Capital Territory has no scheme called a Work and Development Order, but it has one in substance for traffic and parking infringement notices: the infringement notice management plan under Division 3.2A of the Road Transport (General) Act 1999. It lets a person pay by instalments, or discharge the notice through an approved community work or social development program, based on financial circumstances or relevant circumstances such as mental illness, disability, addiction, family violence or homelessness. A waiver under Division 3.2B is the last resort once the program option has been ruled out.
The Northern Territory and Tasmania sit in between. The Northern Territory's community work order is not a hardship scheme in the way the others are; it is made when the Director believes ordinary civil enforcement will not succeed, a test about the likely futility of enforcement rather than the debtor's personal circumstances, and no appeal lies against making one or refusing to make one. Tasmania's Monetary Penalty Community Service Order is closer to the mainstream model, but no special circumstances, vulnerable persons or family violence ground was found in its Act; the Director must refuse it if the person can pay, so it works as a financial capacity test.
Interstate Fines
Whether a fine follows a person across a state or territory border is narrower than most people assume, and the position differs by jurisdiction and by type of fine. Western Australia's and the Northern Territory's reciprocal enforcement Parts apply only to a fine owed by a body corporate, meaning a company, and the Northern Territory's fines Act has no reciprocal mechanism for an individual's fine.
For an individual's court fine, the Western Australian and South Australian guides point to a Commonwealth route: under Part 7 of the Service and Execution of Process Act 1992, a court fine can be registered and enforced in the state where the person appears to live. Part 7 is Commonwealth law and treats each Territory as a State (section 5), so it is not limited to the states whose guides mention it; a fine registered this way cannot be enforced by imprisonment in the registering state (section 114(4)). That route covers court fines, not infringement or expiation notices, and the Tasmanian Government has likewise described it as limited to court imposed fines.
Tasmania's Part 9 lets its Director ask a court the Governor has declared a reciprocating court to enforce a Tasmanian penalty, but the Tasmanian Government told Parliament in 2026 that only Queensland and New South Wales have reciprocal laws and that the process focuses on court imposed penalties. Queensland's Part 8 operates only for a state whose court has been declared a reciprocating court by regulation. New South Wales's Part 5A works on a reciprocal, jurisdiction by jurisdiction basis rather than one automatic national scheme, with an older Part 5 limited to bodies corporate. South Australia's Minister can enter agreements with other jurisdictions to enforce expiation notices across borders, though which agreements are in force was not confirmed. Victoria's two fines Acts contain no reciprocal interstate scheme of their own, and the ACT guide does not address interstate enforcement.
Camera Fines and Driver Nomination
In most jurisdictions the registered owner can nominate the person who was actually driving when a camera detected an offence, instead of accepting the fine: through Revenue NSW's nomination process, Victoria's nomination at Infringement or Penalty Reminder Notice stage, QRO's transfer a fine service in Queensland, the Department of Transport's driver identification in Western Australia, the driver nomination form sent with a South Australian expiation reminder notice, a statutory declaration to Tasmania's Traffic Liaison Services (not MPES), and the ACT's infringement notice declaration. In the Northern Territory, the Traffic Act 1987 lets an owner name the actual driver by statutory declaration within 14 days of the first infringement notice, courtesy letter or summons for the offences it designates (s43AAB), and a company that owns a vehicle caught by a camera for a demerit points offence faces five times the penalty if it does not identify the driver (s43AA).
Timing matters. Victoria closes nomination once a Notice of Final Demand issues, outside limited circumstances such as family violence; paying the fine ends the option in Western Australia; entering a payment arrangement ends it in South Australia; and Queensland says not to pay while a nomination is pending. Victoria sets a false nomination penalty of more than $10,000 plus licence suspension, and a New South Wales bill targeting fraudulent nominations used to avoid demerit points was still before Parliament at last verification.
For how these offences are detected and how the underlying fine amount is set, see Speeding Fines in Australia and Demerit Points Explained in Australia, or look up an offence in the Australia demerit points lookup. For how a particular state treats a camera detected offence, see that state's own fines guide below.
Fines in Each State and Territory
- Fines in New South Wales: Revenue NSW's penalty notices, the Fines Act 1996 enforcement ladder, the Work and Development Order, and the abolition of imprisonment for fine default.
- Fines in Victoria: Fines Victoria's 21 day payment window, the Penalty Reminder Notice and Notice of Final Demand fee ladder, the Work and Development Permit, and court ordered imprisonment as a last resort.
- Fines in Queensland: how QRO and SPER split responsibility, the 28 day window, and the last resort arrest and imprisonment warrant.
- Fines in Western Australia: the Fines Enforcement Registry, the court fine Work and Development Permit, and the Fine Expiation Order for people who are or have been in custody.
- Fines in South Australia: expiation notices, the trifling offence review, Chief Recovery Officer hardship arrangements and court community service orders, and garnishment without consent.
- Fines in Tasmania: MPES as a collection only agency, deemed convictions, the Monetary Penalty Community Service Order, and the live imprisonment power under Part 8.
- Fines in the Northern Territory: the Fines Recovery Unit, the 28 day courtesy letter, annulment, and a community work order with no right of appeal.
- Fines in the ACT: Access Canberra, the infringement notice management plan, and why imprisonment applies only to court imposed fines, never an ordinary infringement notice.
Frequently Asked Questions
Is there one national agency that handles fines in Australia?
No. Each state and territory runs its own fines agency under its own legislation, so the rules for paying, disputing or falling behind on a fine depend on where the fine was issued.
Which Australian states let you go to prison for an unpaid fine?
It depends on the jurisdiction. Queensland and Tasmania keep a live imprisonment power as a last resort. Victoria allows it only by Magistrates Court order after an arrest under an enforcement warrant, and never where the person shows they had no capacity to pay or another reasonable excuse. Western Australia and the ACT allow it only for a court imposed fine, never an ordinary infringement notice. South Australia and the Northern Territory only reach it through breach or revocation of a community service or community work order. New South Wales abolished it.
Does South Australia have a Work and Development Order like other states?
Not by that name. South Australia has no Work and Development Order scheme, but non monetary options exist: the Chief Recovery Officer can agree a hardship arrangement that includes community service or an approved alcohol, drug or gambling treatment program, or can apply for a court ordered community service order. Imprisonment can only follow a breach of a court community service order, not the original nonpayment.
Does the Australian Capital Territory have a Work and Development Order?
Not under that name, but in substance yes for traffic and parking infringement notices. The infringement notice management plan under the Road Transport (General) Act 1999 lets a person discharge such a notice by instalments or an approved community work or social development program, with a waiver available as a last resort.
If I have an unpaid fine in one state, can another state enforce it against me?
It depends on the state and the type of fine. Western Australia's and the Northern Territory's reciprocal enforcement provisions cover companies only. For an individual, Part 7 of the Commonwealth Service and Execution of Process Act 1992, which applies in every state and territory, lets a court fine, but not an infringement or expiation notice, be registered in the state where the person appears to live, though not enforced there by imprisonment. Tasmania's reciprocal scheme reaches only states with reciprocal laws, which the Tasmanian Government told Parliament in 2026 were Queensland and New South Wales. Do not assume a fine automatically follows a person across every border.
Can I nominate someone else if I get a camera detected fine?
In most jurisdictions, yes, though the timing window, the required form and the consequences differ by state, and the option can close once the fine is paid, put into a payment arrangement or reaches a later enforcement stage. In the Northern Territory it is done by statutory declaration under the Traffic Act 1987, for the offences that Act designates, within 14 days of the first infringement notice, courtesy letter or summons.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Fines Act 1996 (NSW)
s 125Abolition of imprisonment as primary enforcement action for fine defaultIn forcecited in 2 of our articles
(1) A person is not liable to be committed to a correctional centre for a failure to pay a fine or other penalty by the due date. (2) (Repealed)
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Also relied on in: Unpaid Fines in NSW: Revenue NSW Reviews, Payment Plans, WDOs and Enforcement
Fines and Penalties (Recovery) Act 2001 (NT)
s 21Alleged offender may elect to have matter dealt with by courtIn forcecited in 2 of our articles
(1) A person who is alleged or is to be taken to have committed the offence to which an infringement notice relates may elect to have the matter dealt with by a court instead of under this Act. (2) The election is to be made by serving on the enforcement agency or other person or body specified in the infringement notice or the courtesy letter, if issued, a written statement that the person so elects. (3) The statement may be served at any time (including before a courtesy letter is issued) but, if a courtesy letter has been served on the person in relation to the relevant infringement notice, the statement is to be served before the due date specified in the courtesy letter. (4) The statement is to contain the prescribed information and may be served personally, by post, by facsimile transmission or in any other manner prescribed by the Regulations.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
Also relied on in: Unpaid Fines in the Northern Territory: The Fines Recovery Unit and Enforcement
Traffic Act 1987 (NT)
s 43AADemerit points offenceIn forcecited in 2 of our articles
(1) If a demerit points offence is detected by a traffic infringement detection device and: (a) an infringement notice is issued to a body corporate that is the registered owner of the vehicle; and (b) the registered owner does not, within the time allowed by the notice, return a statutory declaration: (i) identifying a natural person as the driver of the vehicle at the time the offence was committed; or (ii) identifying another body corporate that, at the time the offence was committed, had control of the vehicle under a hire or lease agreement; the body corporate is liable to an infringement notice penalty equal to 5 times the infringement notice penalty amount prescribed for the offence.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
s 43AABLiability of owner of motor vehicle for certain offences committed by unidentified driverIn forcecited in 2 of our articles
(1) This section applies in relation to an offence (a designated offence) involving the driving or use of a motor vehicle under any of the following provisions: (a) section 30B(3) or 33(1)(a) or (4) of the Act; (b) a provision of the Regulations that is prescribed by regulation for this section. (2) The purpose of this section is to provide for: (a) an owner of a motor vehicle involved in the commission of a designated offence to be held liable for the offence if the identity of the person driving or otherwise in control of the motor vehicle at the time the offence occurs is not ascertained; and (b) means by which the owner can avoid being attributed liability for the commission of the designated offence by operation of this section if the owner was not the person who was driving or in control of the motor vehicle at the time the offence occurred. (3) Subject to this section, if a designated offence occurs, the person who at the time of the occurrence of the designated offence is the owner of the motor vehicle involved in the offence is taken to have committed that offence as if the owner were the person driving or in control of the motor vehicle at that time.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
State Penalties Enforcement Act 1999 (Qld)
s 26When alleged offender can not elect to have offence decided by courtIn force
(1) This section applies if a person served with an infringement notice for an offence— (a) pays the fine for the offence to the administering authority; or (b) applies to the administering authority to pay the fine for the offence by instalments. (2) The person may not elect to have the matter decided by a Magistrates Court.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.qld.gov.au
Fines Enforcement and Debt Recovery Act 2017 (SA)
s 15Arrangements as to manner and time of paymentIn force
(1) Subject to this section, a debtor who pays, or who agrees to pay, to the Chief Recovery Officer the prescribed fee— (a) may, at any time during the 28 day period referred to in section 11, enter into an arrangement with the Chief Recovery Officer for payment of a pecuniary sum by instalments over a period determined by the Chief Recovery Officer (being not more than 12 months from the date on which the arrangement is entered into); or (b) if the Chief Recovery Officer agrees, may enter into some other kind of arrangement with the Chief Recovery Officer in relation to a pecuniary sum in accordance with subsection (5). (2) Subject to subsection (3), if the fee prescribed under subsection (1) is not paid by the debtor before the debtor enters into the arrangement, the fee is to be added to, and forms part of, the pecuniary sum payable by the debtor. (3) The Chief Recovery Officer may, in such circumstances as the Chief Recovery Officer thinks just, waive payment of the fee prescribed under subsection (1).
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.sa.gov.au
Monetary Penalties Enforcement Act 2005 (Tas)
s 20Offender taken to have been convictedIn force
(1) If an alleged offender – (a) pays a penalty in part or in full; or (b) applies to the Director or to the issuing authority for a variation of payment conditions; or (c) takes no action under section 15(1)(a) , (b) or (c) or section 17(1)(a) , (b) or (c) or is refused an application under section 15(1)(b) or section 17(1)(b) and does not elect to have the infringement notice heard and determined by a court within the time allowed – he or she is taken to have been convicted of the offence. (2) If a person pays a sum of money to the Director in respect of a specific infringement notice, the offender is taken to have been convicted of the offence or offences specified in that infringement notice. (3) A conviction under subsection (1) is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.tas.gov.au
Fines Reform Act 2014 (Vic)
s 115Persons to whom enforcement warrant may be directedIn forcecited in 2 of our articles
(1) An enforcement warrant, other than an enforcement warrant issued against a body corporate, may be directed to— (a) the sheriff; or (b) a named police officer; or (c) generally all police officers; or (d) the Commissioner within the meaning of the Corrections Act 1986; or (e) any other person authorised by law to execute an enforcement warrant. (2) An enforcement warrant issued against a body corporate must be directed to the sheriff. (3) An enforcement warrant directed to the sheriff may be issued, not in paper form, but by the registrar causing to be entered in the register kept for the purpose— (a) the type of enforcement warrant; and (b) the prescribed information; and (c) the date of issue of the enforcement warrant. (4) An enforcement warrant issued in accordance with subsection (3) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Also relied on in: Unpaid Fines in Victoria: Fines Victoria, Notices of Final Demand and the Work and Development Permit
s 165Powers of the Magistrates' CourtIn force
(1) If the Magistrates' Court is satisfied of a matter specified in subsection (2) on a person in default being brought before the Court in respect of any relevant infringement fine under an enforcement warrant, the Court may make an order— (a) discharging in full any relevant infringement fine; or (b) discharging in part any relevant infringement fine; or (c) discharging in part any relevant infringement fine and order that the person in default be imprisoned for a term fixed in accordance with section 165B; or (d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or (e) adjourning the further hearing of the matter for a period of up to 6 months.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA)
s 4General principles relating to enforcement of finesIn forcecited in 2 of our articles
(1)A person performing a function under this Act must have regard to the principles set out in subsection (2). (2)For the purposes of subsection (1), the principles are — (a)that imprisonment for failure to pay a fine is an enforcement measure of last resort; and (b)that an offender who is experiencing hardship affecting the offender’s capacity to pay a fine or to perform the requirements of a work and development order should not be imprisoned by reason only of a failure to pay a fine.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.wa.gov.au
Also relied on in: Unpaid Fines in Western Australia: Fines Enforcement Registry, Payment Plans, WDP and Enforcement
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Sources and References
- Fines Act 1996 (NSW) s125, abolition of imprisonment for fine default(legislation.nsw.gov.au).gov
- Fines Reform Act 2014 (Vic), including section 115(3) (enforcement warrants) and sections 165 to 165B (court ordered imprisonment)(legislation.vic.gov.au).gov
- State Penalties Enforcement Act 1999 (Qld), including ss 26, 32F to 32S, 52 and 119 to 120(legislation.qld.gov.au).gov
- Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), sections 4, 21, 46A to 46N, 52M to 52S and 54(legislation.wa.gov.au).gov
- Fines Enforcement and Debt Recovery Act 2017 (SA), sections 15, 20, 37, 46 and 47(legislation.sa.gov.au).gov
- Monetary Penalties Enforcement Act 2005 (Tas), sections 20, 30 to 35 (MPCSO), 103 to 104 (imprisonment) and Part 9(legislation.tas.gov.au).gov
- Fines and Penalties (Recovery) Act 2001 (NT), ss 21, 43 to 46, 76 to 91 and Part 6(legislation.nt.gov.au).gov
- Road Transport (General) Act 1999 (ACT) ss31A-31I, infringement notice management plan and waiver(legislation.act.gov.au).gov
- Crimes (Sentence Administration) Act 2005 (ACT) ss116ZK-116ZN, imprisonment for court-imposed fine default(legislation.act.gov.au).gov
- Service and Execution of Process Act 1992 (Cth), s 5 (Territories regarded as States) and Part 7, ss 110 to 114 (enforcement of court fines interstate; no imprisonment, s 114(4))(legislation.gov.au).gov
- Traffic Act 1987 (NT), as in force at 10 February 2026, s 43AA and s 43AAB (statutory declaration nominating the driver)(legislation.nt.gov.au).gov