What if I cannot pay a court fine by the due date?
Any fine imposed by a court is payable within 28 days from (and including) the day on which the order was made [Criminal Law (Sentencing) Act 1988 (SA) s 66].
If you are unable to pay a court fine in full within the 28 day period you may, after paying the prescribed fee, enter into an arrangement with the Fines Enforcement and Recovery Unit to pay by instalments over a period of no more than 12 months [Criminal Law (Sentencing) Act 1988 (SA) s 70]. The prescribed fee for arrangements entered into on or before 30th June 2014 is $0; for arrangements entered into after 30th June 2014 the fee is $18.
Alternatively, you can enter into an arrangement:
- to pay by instalments over a period exceeding 12 months;
- extending the time to pay;
- taking a charge over land;
- surrendering property to the Fines Enforcement and Recovery Officer;
- paying any amount by or through some other person or agency (e.g. deductions from a bank account or wages);
- of any form agreed by the Fines Enforcement and Recovery Officer and yourself.
See Criminal Law (Sentencing) Act 1988 (SA) s 70(3).
If you are an undischarged bankrupt or you have previously been the subject of an enforcement action, the Fines Enforcement and Recovery Officer may refuse to enter into an arrangement or may require you to provide security or obtain guarantees [s 70(4)].
The Fines Enforcement and Recovery Officer can waive payment of the whole or part of the fine [see ss 69(2) and 70I].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.