Have you been charged with an Infringement Warrant and/or unpaid fines
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What does it mean to be charged with an Infringement Warrant and/or unpaid dine?
In Victoria, the government and enforcement agencies like the Police and local Councils use infringement penalties to handle minor criminal offences and traffic offences. The infringement and fines process are complex and involves several steps, from issuing the fine to the enforcement and warrant stage.
Unpaid fines often result from excessive late fees related to using Victorian roads.
The following legislation governs this process:
- Fines Reform Act 2014 (Vic) (FRA): Allows Fines Victoria to manage and collect unpaid fines.
- Infringements Act 2006 (Vic) (IA): Outlines how enforcement agencies issue fines and the process for reviewing them.
- Sheriff Act 2009 (Vic): Grants the Sheriff the power to seize property to recover unpaid fines (ranging from $1,000 to $300,000).
- Road Safety Act 1986 (Vic): Covers infringements related to road safety breaches.
- Supreme Court (General Civil Procedure) Rules 2005 (Vic).
- Magistrates Court Act 1989 (Vic).
How can MK Law help you?
If you have unpaid fines or outstanding infringements, whether recent or from years ago, our experienced lawyers can help you understand your options and achieve the best possible outcome. This may include reducing your debt or avoiding additional jail time.
Available options depend on where you are in the infringement process.
Infringement Warrants vs. Unpaid Fines
Infringement warrants and unpaid fines are related but have different processes and options available:
- Infringement Warrants: These arise when a fine is imposed by the Court, requiring payment when found guilty of an offence.
- You typically have 21 days to pay, request a review, or nominate a driver (if it’s a traffic offence). If no action is taken, the fine progresses to the enforcement and warrant stage.
- Once at the final demand stage, Fines Victoria can impose administrative sanctions like:
- Licence suspension or number plate removal
- Making a company director personally liable for company fines
- Attachment of earnings or debts
- Seizing property or immobilising vehicles
- Unpaid Fines: Unpaid fines can result in serious consequences like arrest, seizure of assets, or even jail time if not addressed.
Options for Dealing with Unpaid Fines
There are several ways to handle unpaid fines, depending on your situation and the stage of the infringement:
- Defending the Fine
If you are under 18 or dealing with offences like drink/drug driving or excessive speeding, you can apply for a court hearing within 28 days. This may delay licence suspension until a court decision is made. - Internal Review
You can request an internal review for fines at the infringement notice or penalty notice stage if you meet one of these criteria:
Outcomes may include a new court hearing, waiving the fine, or creating a payment plan.
- Unaware of the fine
- The fine was unlawfully issued
- Mistaken identity
- Special or exceptional circumstances (e.g., mental health issues, homelessness, family violence)
3. Payment Plan
If you cannot afford to pay the fine, you can request to pay in instalments. A payment plan cannot be requested after the 7-day notice period.
4. Enforcement Review
If your fine has reached the final demand stage, you can apply for an enforcement review. Grounds include not knowing about the fine, unlawful fines, mistaken identity, or special/exceptional circumstances. If successful, it could lead to a reduced fine, a payment plan, or a court referral.
5. Nominating Another Driver
If you received a traffic infringement but were not the driver, you can nominate the driver within 28 days. This option is not available once the fine reaches the final demand stage, unless you became aware of the fine within 14 days and apply for an extension.
6. Work and Development Permit
If you’re facing significant hardship (e.g., homelessness, family violence, financial difficulty, or drug/alcohol issues), you may be able to avoid paying the fine by engaging in approved activities like community work or counselling. This option is only available within the 7-day notice period.
7. Family Violence Scheme
If family violence contributed to the offence, you can apply to have the fine withdrawn. This applies if it’s unsafe to nominate the driver or if family violence played a role in the infringement.
8. Arrest and Bail
If your fine remains unpaid after all other options, you may be arrested and brought before a court. The court may decide to discharge the fine, set up a payment plan, or order community work.
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What happens next?
Dealing with unpaid fines can be overwhelming, but there are options available at different stages of the process. Our team of experienced lawyers can help you navigate the system, understand your options, and work towards the best possible resolution, including reducing or discharging your debt and avoiding jail time.
Contact Our Legal Team
If you need assistance with a firearm offence charge, our criminal defence lawyers are available 24/7 to provide free legal advice. Contact us at 1800 130 120 or visit marcus@mklawfirm.com.au.
For more information on specific charges relating to infringement warrants and/or fines, please review our website.
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- 1800 130 120
- marcus@mklawfirm.com.au