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What happens if I can't pay my fine?

Cassandra Adorni-Braccesi
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03 October 2017

A Court may impose a fine as your penalty for committing an offence.  A fine can be imposed as part of your penalty, or can be imposed alongside other penalties such as a period of disqualification.  You will also be required to pay the Offenders Levy, in addition to any fine imposed.

The sentencing Magistrate or Judge will ordinarily provide a timeframe for payment of your fine.  If you do not pay your fine, you are "in default".  At the time of sentencing, the sentencing Magistrate or Judge will advise you that you will be required to spend a certain amount of time in custody should you be in default.

You will not be placed in custody immediately if you do not pay your fine.  The Court will refer the fine to the State Penalties Enforcement Registry (SPER) for payment.  You will likely be able to negotiate a payment plan with SPER if you are unable to pay your fine in full.  You may also be eligible to complete community service instead of paying your fine.  This is known as a fine option order.

It is important that you pay your fine.  If you do not pay your fine, SPER can take steps to collect payment.  This includes suspending your drivers licence and/or issuing a warrant for your arrest and imprisonment.  You may also be charged an enforcement fee should SPER be required to take steps to enforce payment.

If you are unable to pay your fine, or you are concerned about possible enforcement by SPER, please contact our office on (07) 4963 2000 or via our online contact form.