The majority of people in NSW who receive an infringement notice for any
offence pay the fine and accept full responsibility for their actions. Most
people pay the fine immediately upon receipt, other people elect to ‘Go to
Court’ and contest the fine or even elect to ‘Go to Court’ for the purpose of
seeking leniency from the court.
Some people however lose the fine
or forget to pay the fine and this leads to Revenue NSW taking an enforcement
action and issuing an enforcement order.
When can an Enforcement Order
be made by Revenue NSW?
An infringement notice (or a
ticket offence) is due for payment 28 days from the date of the subject
offence. If the fine remains unpaid after the 28 days, Revenue NSW will send a
reminder Notice. If the fine however remains unpaid after the reminder notice
has been sent, then action can be taken by Revenue NSW to recover the full
unpaid amount.
If the fine remains unpaid, then
the Commissioner of Fines & Administration has the power to issue an
enforcement order which is an order stating that an offence has been proved and
the penalty notice amount is owing in full. Once an enforcement order is made
then $65 will be automatically added to the original penalty for each
enforcement action which revenue NSW pursues.
In the event
that the infringement notice remains
unpaid (as well as any enforcement action penalties) then Transport for New
South Wales can do any of the following (to name a few):
1. Suspend your
Driver’s licence for failure to pay the fine
2. Imposition
of additional costs
3. Issue a
Garnishee Order
A person can apply to annul the
enforcement order to avoid some of the consequences which we have listed
(above) however it is critical that you seek legal advice from a legal
practitioner prior to doing so.
What to do if an Enforcement
Order has already been made?
You can do any of the following:
1. Pay the Fine
owing in full; or
2. Place the
fine owing on a payment plan by calling Revenue NSW; or
3. Ask for
further time to pay the fine Owing by calling up Revenue NSW; or
4. Go to the Revenue
NSW website and seek a review of the infringement order; or
5. Lodge an
application to the Commissioner for Revenue NSW to Annul the enforcement order
which has been made against you.
It is very
important that you speak with a lawyer so that you can get the appropriate
legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can
help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 9th November 2022.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.