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Grounds for requesting review of an enforcement order
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Grounds for requesting review of an enforcement order

Call us if:

Send us your claim with documentary evidence attached:

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:

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.



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Last updated: 24-Jan-2012
 
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