Victoria Legal Aid

Dealing with fines

What you can do if you receive an infringement notice and what happens if you don't pay a fine.

Your options for dealing with fines are to:

If you are fined for a driving offence, and you were not the driver, you can get the fine transferredExternal Link to the person who was driving. Do this within 28 days of receiving the fine as you cannot do this after a warrant is issued. Do this quickly to avoid extra costs.

What happens if you don't pay

If you don't pay the fine you may have to pay more or go to court.

Reminder notices

If you do not pay the fine by the due date, you will get a penalty reminder notice. The agency charges you extra costs. The new amount is on the notice. You must pay the fine and the extra costs by the due date on the notice.

You can still get a payment plan, ask for a review, or go to the Magistrates’ Court. This must be done before the fine is sent to Fines Victoria.

If you do not pay the penalty reminder notice on time, the agency will register your fine with Fines Victoria. If Fines Victoria believe that the fine should be enforced they will serve you with a notice of final demand. Fines Victoria will charge you extra costs. You normally have 21 days to pay.

Enforcement

If you still do nothing, Fines Victoria will act to enforce the fine. They may:
  • direct you to produce information
  • apply for a summons for oral examination (you will have to explain your financial circumstances)
  • organise to have money regularly taken from your wages or bank account
  • direct VicRoads to suspend your driver licence or vehicle registration, or
  • put a charge over any land you own.

Enforcement warrants

If you still do not pay Fines Victoria will apply to court for an enforcement warrant. This warrant stays in place until the fine has been paid. The warrant allows the sheriff to take action to recover the debt.

The sheriff cannot take any action until they have served a seven-day notice on you. This is your final warning.

After seven days the sheriff can come to your home to get the money or take property from you to pay off the fine. The court charges you extra costs again.

If you do not have enough property to cover what you owe, the sheriff can arrest you. You may be released on a community work permit or you may be bailed to appear in the Magistrates’ Court.

If you have to go to the Magistrates’ Court, the magistrate can send you to jail. They will only do this as a last resort.

Dealing with court fines

A court fine is a fine that is ordered by a court after a person is found guilty of a criminal offence. If the fine is not paid to court on the same day the court order was made, a magistrate may choose to refer court fines to Fines Victoria for collection and enforcement.

Once these fines are registered, the person fined must pay Fines Victoria, not the court. Fines Victoria will send a ‘Court fine collection statement’ to the person fined. This will tell the person how much they owe and when the fine is due. If the court made an instalment order, Fines Victoria must enforce the fine according to that court order.

If the fine is not paid when it is due, Fines Victoria will serve a notice of final demand. This gives the person 21 days to pay the fine. If the fine is still not paid, Fines Victoria will begin enforcement action in the same way they enforce unpaid infringements.

More information

Special circumstances

Other support

Find out how you can get other support for fines and infringements.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 22 February 2022

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