The Law Handbook 2024

100 SECTION 3: Fines, infringements and criminal law Your options: A step-by-step summary Stage Minimum time limit Options and results 1 Infringement notice (penalty set by legislation) As specified on notice (usually 21 days but may be longer) • Pay the penalty: – payment completed on time – no further action – payment not completed – go to stage 2 • Apply for a payment plan to pay by instalments, or to be given an extension of time to pay: – payment completed on time – no further action – payment not completed – go to stage 2 • Apply for an internal review (i.e. ask the enforcement agency to review their decision) on the basis of special circumstances (including family violence): – application granted – no further action – application rejected – you have the following options: – pay the penalty within the prescribed time – apply for a payment plan – elect to have the matter heard in court (see ‘Going to court’ in the main text) – apply for a work and development permit (see ‘Option 9: Apply for a work and development permit’ in the main text) • Apply for an internal review on the basis that the infringement is contrary to the law: – application granted – no further action – application rejected – pay the penalty within the prescribed time or go to stage 2 (unless the enforcement agency refers the matter to court) • Apply for an internal review on the basis that you were unaware of the notice having been served and that the infringement notice was not served properly: – application granted – fine will be reissued, go back to stage 1 – application rejected – pay the fine within the prescribed time or go to stage 2 • Elect to have the matter heard in the Magistrates’ Court (see ‘Going to court’ in the main text) • Nominate another driver (motor vehicle offences): – if nomination is accepted, the agency pursues the nominated driver – if the agency refuses the nomination, it may recommence action against you within 12 months of refusing the nomination – go to stage 3 Note: For some specific offences (i.e. excessive speeding of 25 km per hour or greater over the speed limit and drink and drug-driving) you cannot apply for an internal review and you must nominate another driver within 28 days of receiving the infringement.