Grounds for requesting review of an enforcement order

• What are the grounds for requesting a review of a fine which has become an enforcement order?
• Can all enforcement actions be appealed?

Call us if:

• you did not own the vehicle at the time of the offence and have notified the RMS of the new owner's details or
• you believe your identity has been misused
• the offence was issued to you as a vehicle owner and you can prove that your vehicle was not at the location at the time of offence.

Send us your claim with documentary evidence attached:

• for an offence that occurred before 31 January 1998 and the fine was paid or community service was undertaken or the fine was satisfied through time spent in prison or
• if the person responsible for the offence has since passed away.

An enforced fine can only be decided in court in certain circumstances. You do this by submitting an annulment application with the $50 fee. To say ‘I am not guilty’ is insufficient grounds for an application. In your application, you need to address:

• why you did not do anything about this fine earlier. For example, you did not receive prior notices relating to the fine or were for some reason prevented from acting upon them
• why you are not guilty of this offence and how you were prevented from acting on it earlier. You should provide documentation to support your case.

For further details on the circumstances when you can have an enforced fine decided in court refer to Section 49 of Fines Act 1996.

Note: It is insufficient to simply provide a statutory declaration now nominating another person as responsible for the offence, unless you can prove that you were hindered from previously providing it by the due date on the penalty reminder notice.

An annulment application must be received within a reasonable timeframe after the service of the enforcement order and within a reasonable time since you were no longer hindered in acting on it.

Return the annulment application with the $50 application fee. If returned before the due date the enforcement order will be put on hold and you will avoid any further enforcement costs or actions.

If your application is approved, the matter will be listed at the nearest local court to where the offence occurred and you will be advised of the court and date to attend. A magistrate will decide the outcome based on the evidence presented.

If you cannot provide documents to show you should not be liable for the offence, you can apply to have your enforced fine heard at court. Return the annulment application with the $50 application fee. If returned before the due date on the enforcement order, further enforcement will be placed on hold and you will avoid further enforcement costs and actions.

Note: Unless an error has been made, the $50 is non refundable.

Can all enforcement actions be appealed?

No. If your fine has been issued by a court, a magistrate or judge has determined that a fine is the most appropriate penalty for the offence.

The SDRO cannot overrule a court decision. If you want to dispute the court ruling, contact the issuing court to determine any avenue of appeal.

If there is no avenue of appeal, you need to organise payment of the enforcement order.

© Office of State Revenue: ISO 9001 — Quality Certified | Department of Finance & Services

Terms | Accessibility | Sitemap | Privacy | Copyright and Disclaimer | Feedback