The Law Handbook 2024

126 SECTION 3: Fines, infringements and criminal law Graphic 2: Graphic showing the life cycle of a court fine. This graphic is available on Fines Victoria’s website: https://online.fines.vic.gov.au/Court-fines/ About-court-fines 126 3: Fines, infringements and criminal law Graphic 2: Graphic showing the life cycle of a court fine. This graphic is available on Fines Vi toria’s website: https://o li e.fines.vic.gov.au/Court-fines/ About-court-fines The court fines lifecycle * Adjusted each July # 7 day notices do not apply to companies FV.CFL-IND |V4 | 06.2023 Warrant stage Collection stage You should act early to avoid added fees and possible enforcement action. Your options Enforcement stage Notice of final demand Enforcement warrant 7 day notice # Court fine collection statement Due date set by the court or by the Director Issued by the court You can pay the court on the day the court order is made. You can pay the Director any time after the day the fine is imposed. You can apply for a payment arrangement (if permitted by the court) any time until the seven-day notice expires (individuals) or the Sheriff seizes property (companies). If you were not present when the order was made, you may be eligible to apply to the court for a rehearing. Served by the Director Served by the Director +$143.30* 28 days Issued by the court Served by the Sheriff of Victoria +$62.60* No expiry If a court orders you to pay a fine, the fine is referred to the Director, Fines Victoria (the Director) to collect and manage (unless the court orders otherwise). If the court makes an instalment or time to pay order for your court fine, the Director will collect and manage the fine according to those terms. The Director can also make a payment arrangement with you. After the court fine has been referred, the Director will serve you with a court fine collection statement. The court fine will be registered with the Director to enforce (unless the court orders otherwise) if you do not: • pay by the due date • comply with the instalment or time to pay order • comply with the payment arrangement. If the Director serves you with a notice of final demand and you do not act within 21 days (plus seven days service), the Director can take the following enforcement action against you: • request VicRoads to impose driver and vehicle sanctions – for example, suspend your licence or vehicle registration or restrict your ability to renew your licence or transfer your vehicle • make an attachment of earnings direction • make an attachment of debts direction • apply for a charge over land and sale of property • make a production of information direction • apply for a summons for oral examination • apply to a registrar for a warrant. If a registrar issues an enforcement warrant, the Sheriff can: • remove your number plates • immobilise and detain your vehicle • seize and sell your vehicle. If the Sheriff has served you with a seven-day notice and the seven days have expired, your only option is to pay. If you can’t pay the Sheriff can: • break into, enter and search your premises • seize and sell your property • arrest and bail you and bring you before the sentencing court. Court fine Pay the court Pay the Director Payment arrangement Go to court Warrants do not expire and can be enforced at any time. Fines do not expire.