Fines

In every state and territory of Australia, criminal and traffic offences are often dealt with by way of a fine. A fine is a financial penalty that may be imposed by a court, by police, or by some other authority. This page deals with fines in different jurisdictions of Australia.

Penalty units

In most states and territories, when a fine is imposed, it is imposed as a number of penalty units. A penalty unit is a monetary amount that is prescribed under legislation. The value of a penalty unit increases over time as the value of money changes and is different in each state and territory.

Payment

A person who receives a fine will be given a set period of time to pay. For court fines, this is 28 days. If the person cannot pay within that time, they must organize to pay in instalments.

When a court imposes a financial penalty, it will take into account the offender’s financial situation and their capacity to pay. A young person will not generally be given a financial penalty by a court unless they are in employment and have the capacity to pay.

Financial penalties in Queensland

In Queensland, under section 45 of the Penalties and Sentences Act 1992, a fine may be imposed by a court for an offence either on its own or in addition to another penalty. A fine may also be imposed in the form of an infringement notice by the Queensland Police or by the Department of Transport and Motoring as well as other government agencies.

The payment of fines is enforced by the State Penalties Enforcement Register (SPER).

A person who receives an infringement notice may elect to have the matter dealt with by a court.

Financial penalties in New South Wales

In New South Wales, a fine may be imposed by a court under the Crimes (Sentencing Procedure) Act 1999. It may also be imposed by the NSW Police or by Transport NSW and other agencies.

Payment is enforced and administered by Revenue NSW.

A person who receives an infringement notice in New South Wales can elect to have the matter dealt with by a court.

Fines in Victoria

In Victoria, a fine may be imposed by a court under the Sentencing Act 1991 either on its own or in addition to another penalty. It may also be imposed by the Victorian Police or by VicRoads or another agency.

Payment is administered by Fines Victoria.

A person who receives an infringement in Victoria can elect to have the matter dealt with by the court.

Financial penalties in the ACT

In the ACT, a fine may be imposed by a court under the Crimes (Sentencing) Act 2005. It may also be imposed by the police.

Payment is administered by Access Canberra.

A person who receives an infringement may elect to have the matter dealt with in court.

Fines in Western Australia

In Western Australia, a fine may be imposed by a court under the Sentencing Act 1995. It may also be imposed by the WA Police, the Department of Transport or another agency.

Payment is administered by the Fines Enforcement Registry.

A person who receives an infringement in WA can elect to have the matter dealt with in court.

Financial penalties in South Australia

In South Australia, a fine may be imposed by a court under the Sentencing Act 1997. Fines are imposed as monetary amounts, rather than penalty units, in South Australia. The maximum amount that can be imposed is as follows:

In the Magistrates Court – $10,000
In the District Court – $35,000
In the Supreme Court – $75,000

A fine may also be imposed by the SA Police or by the Department of Infrastructure and Transport or another agency.

Payment is administered by Fines SA.

A person who receives an infringement may elect to have a matter dealt with by a court.

Financial penalties in Tasmania

In Tasmania, a fine may be imposed by a court under the Sentencing Act 1997 or by the police or Transport Tasmania or another agency.

Payment is administered by the Monetary Penalties Enforcement Service.

A person who receives an on-the-spot fine in Tasmania may elect to have a matter dealt with by a court.

Financial penalties in the Northern Territory

In the NT, a fine may be imposed by a court under the Sentencing Act 1995, or in the form of an infringement notice by the NT Police.

Payment is administered by the Fines Recovery Unit.

A person who receives an infringement notice can elect to have the matter dealt with by a court.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.