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.
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