Monetary Penalties Enforcement

State Government legislation, the Monetary Penalties Enforcement Act 2005 commenced on 28 April 2008. Under this Act, a person issued with an infringement notice who does nothing about the infringement will be deemed to have been convicted of the offence and collection of the penalty can proceed. Unless the person issued with an infringement notice actually elects to have the matter heard in court, or Council initiates court proceedings, there will be no court hearing.

This legislation, the Monetary Penalties Enforcement Act 2005, means any infringements issued by Council that remain unpaid can be collected using the State Government Monetary Penalty Enforcement Service.

This Service has a number of options for recovery of non-paid infringements which include:

• suspension of driver's licence or car registration until the amount outstanding is paid.
• seizure of goods or deduction from wages to the value of the unpaid infringement.

The Service can also publish the infringement defaulters name and address on a web page, which may affect the defaulters credit rating.

If you receive an infringement notice you must within 28 days of the date of issue of the infringement notice do one of the following:

• pay the infringement notice in full;
• apply in writing to the General Manager for the withdrawal of the infringement notice;
• apply in writing to the General Manager to enter a payment arrangement; or
• if you wish to have the offence(s) to which this infringement notice relates determined by a court, you must lodge a written notice with the General Manager to elect a court hearing.
• Forms for notice of election, application to withdraw or to enter into a payment arrangement are available from this web page or at the Civic Centre (see contact details below).
• If, after 28 days, you have not lodged a notice of election for a court hearing and the infringement notice has not been withdrawn, you will be taken to be convicted of the offence(s) set out in the infringement notice and the monetary penalty may be enforced under the Monetary Penalties Enforcement Act 2005.
  
• Please call the Monetary Penalties Enforcement Service direct on 1300 366 776 if you have any questions about the role or powers of the Service.

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