Failure To Pay Offences in New South Wales

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

The criminal offence of fail to pay (FTP) occurs when a person puts fuel in their car at a service station and leaves without paying. The offence is contained in section 192E of the Crimes Act 1900 (NSW). A person may be found guilty of this offence because they made no attempt to pay or because they attempted to pay fraudulently.

This type of offence is taken seriously by NSW courts and law enforcement agencies. What many people don't realise is that failing to pay for fuel can result in serious criminal charges with long-lasting consequences. The offence falls under fraud legislation rather than theft provisions, making it a particularly serious matter in the eyes of the law.

Understanding the legal implications of fuel theft and the distinction between criminal intent and genuine inability to pay is crucial for both consumers and service station operators in New South Wales.

The difference between criminal and civil FTP matters

Criminal fuel theft offences

There is a distinction between someone filling up their car with petrol and driving off, compared to someone attempting to pay only to discover their transaction is declined, or they left their wallet at home. Petrol theft is classed as fraud under section 192E of the NSW Crimes Act 1900. Petrol theft may seem like larceny, but actually falls under the definition of a fraud-related offence.

The reason for this is that the owner of the petrol allows a person to place fuel in their vehicle on the presumption that it will then be paid for. By intentionally failing to pay for the fuel the promise to pay has been broken. Therefore, the owner of the fuel has been deceived.

For a criminal charge to be successful, the prosecution must prove beyond reasonable doubt that the accused had the intention to permanently deprive the service station of payment. This includes situations where individuals use fraudulent payment methods, provide false details, or deliberately leave without any intention of returning to pay.

Civil matters and genuine payment difficulties

No criminal offence is committed if a person has the intention of paying, but once they are at the counter their card declines, or they find they have left their wallet at home. In these circumstances the service station will record your personal details such as your driver's licence number, your name, and address. You will then be able to leave with the undertaking that you will come back, and pay, for the fuel.

If this occurs, and the person then fails to come back and pay, the only recourse for the service station is to commence civil action to reclaim the money. Prior to the new reporting system being introduced service station owners were reporting these events to their local police station, which would record the incident, and advise that it is a civil matter.

The key difference lies in intent. Genuine mistakes or unforeseen circumstances that prevent immediate payment are treated as civil debt recovery matters rather than criminal offences.

Penalties for FTP Offences

Intentionally not paying for fuel is a serious criminal offence, and is classed as a fraud-related offence. Fraud is defined as obtaining property belonging to another by any deception, or dishonesty. Fraud also occurs if the property was also obtained through a financial advantage, or causes any financial disadvantage to another person. The maximum penalty for a fraud offence is 10 years imprisonment.

However, the actual penalties imposed by NSW courts vary significantly based on factors including the value of fuel stolen, whether it was a first offence, the defendant's criminal history, and their personal circumstances. For minor first offences, courts may impose conditional release orders, community service, or fines. Repeat offenders or those involved in large-scale fuel theft operations face much harsher penalties.

Additional consequences may include a criminal record, which can affect employment prospects, travel opportunities, and professional licensing. The severity of these collateral consequences often outweighs the value of the fuel involved.

Elements the prosecution must prove

Intent to deceive

Under section 192E of the Crimes Act 1900 (NSW), the prosecution must establish that the accused intended to deceive the service station operator. This involves proving that the person knew they could not or would not pay for the fuel when they obtained it.

Evidence of intent may include surveillance footage showing the person's behaviour, whether they attempted to conceal their identity, provided false details, or had a history of similar offences. The prosecution may also consider whether the accused made any genuine attempt to rectify the situation.

Obtaining property by deception

The prosecution must prove that fuel (property belonging to another) was obtained through deceptive conduct. This is typically straightforward to establish through service station records, CCTV footage, and witness statements from staff members.

The deception element is satisfied when the accused allows the service station operator to believe payment will be made, while having no intention of paying or providing fraudulent payment details.

Defences and legal options

Lack of intent defences

The most common defence to fuel theft charges is demonstrating lack of criminal intent. This may involve showing that the accused genuinely intended to pay but was prevented by circumstances beyond their control, such as card malfunctions, medical emergencies, or genuine forgetfulness.

Supporting evidence might include banking records showing sufficient funds, medical certificates, or witness statements confirming the defendant's character and usual behaviour patterns.

Factual disputes

In some cases, defendants may dispute the basic facts alleged by the prosecution. This could include challenging identification evidence, questioning the accuracy of fuel records, or disputing the sequence of events leading to the alleged offence.

CCTV evidence, while often used by prosecution, can sometimes support the defence case by showing attempts to pay or confusion about payment procedures.

Mental health considerations

Courts may consider mental health issues that affected the defendant's capacity to form criminal intent or understand the consequences of their actions. Under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW), courts have options to dismiss charges where mental health or cognitive impairment is a significant factor.

Frequently asked questions

What should I do if I accidentally leave a service station without paying?

If you genuinely forgot to pay or encountered payment difficulties, contact the service station immediately to explain the situation and arrange payment. Most service stations will accept your explanation if you act promptly and honestly. Keep records of your communication and payment for your protection. If police become involved, explain the circumstances clearly and provide evidence of your intent to pay, such as banking records showing available funds.

Can I be charged with fuel theft if my payment card was declined?

Simply having your payment card declined does not constitute a criminal offence. However, if you leave without informing staff, providing your details, or arranging alternative payment, you may face charges. The key factor is your intention and behaviour. If you genuinely attempt to resolve the payment issue and cooperate with service station staff, criminal charges are unlikely. Always inform staff of payment problems and provide identification details before leaving.

What happens if I'm charged with failing to pay for fuel?

If charged with fuel theft under section 192E of the Crimes Act 1900 (NSW), you will need to appear in court. The matter will typically be heard in the Local Court initially. You should seek legal advice immediately, as fraud charges can result in serious penalties including imprisonment and a permanent criminal record.