- Public Law
- Family Law
- Criminal Law
- Civil Law Property and Debt
- Youth and the Law
- First Time Offenders
- PART 1: The Criminal Justice System
- PART 2: Sentencing
- Diversion
- Plea in Mitigation
- Maximum & Mandatory Sentences
- What Sentences are Available?
- How Does a Judge Decide on a Sentence?
- Aggravating & Mitigating Factors
- Deferred Sentences and Discharges
- Monetary Penalty
- What will I have to do if I’m Sentenced to a Community-Based Sentence?
- What will I have to do if I get a Sentence of Detention?
- PART 3: Commonly Occurring Offences
- Glossary
- Helpful Forms
Page updated on: Friday April 23, 2010
Monetary Penalty
Monetary penalties include fines and reparation.
Reparation is payment to victims of crime as compensation for:
- Loss of or damage to property;
- Emotional harm; and
- Loss or damage which arises from or is caused by the emotional or physical harm to the victim or the loss of or damage to property.
The amount is set by the Judge when you are sentenced. It is usually based on information about the amount of damage, the costs to the victim and your ability to pay.
Fines are direct penalties for breaching the law.
The maximum (and sometimes, minimum) amounts are set down in law.
In addition to fines and reparation, the Judge can order you to pay other costs such as witness costs or technician costs. In most cases you will also be ordered to pay $130 court costs per charge.
If you have received a monetary penalty as a sentence, you will receive a Notice of Fine from the Court a few days after your appearance. You now have 28 days to either pay the fine, appeal it or apply to the Collections Unit at your local Court for an extension of the due date or for payment by instalments.
If you apply for payment by instalments, you will have to provide information about your income and expenses so that a Collections Officer can decide how much money you can afford to pay every week.
If the due date has passed and you have not taken any action, the Court can take enforcement action against you. $100 is added to your fine as an enforcement fee.
In some cases you may be sent a "48 hour" card. You must respond within 48 hours to avoid enforcement action.
The Court can enforce your fine in any of the following ways:
- Your car can be clamped;
- Your property can be taken and sold at public auction;
- Money can be taken automatically from your wages or benefit;
- You can be arrested and brought before the Court;
- A charging order can be taken over your property; or
- Money can be deducted directly from your bank account.
Also, if you have any reparation owing, or more than $5000 worth of unpaid fines, you cannot travel overseas unless you have reached an agreement over repayments. You will be stopped at the airport and unless you can resolve the problem then and there, you will not be allowed to travel.