The Service and Execution of Process Act 1992 (Cth) governs procedure in relation to interstate fine enforcement, where a court fine has not been fully discharged and the offender is believed to be a resident of another State.
The procedure involves the registration and enforcement of interstate court fines as if they were fines incurred in the registering state [see Service and Execution of Process Act 1992 (Cth) ss 112 and 113; s 110 for definitions].
Once registered, the fine can no longer be enforced in the originating state [see s 114; s 115 for payment received by originating state; s 116; s 118 for cancellation of registration; s 119 for effect of cancellation of registration]. Any challenges to the imposition of a registered fine must be made in accordance with the laws of the originating state and the offender must notify the registering state of this process [see s 120 for challenge to the imposition of a fine].
Of particular note:
A registered fine cannot be enforced by the imposition of a sentence of imprisonment on the offender despite the enforcement laws of the registering State [see Service and Execution of Process Act 1992 (Cth) s 114(4)].
The power to issue warrants of commitment for unpaid fines has not existed in South Australia for many years.