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Interstate court fines

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.

Interstate court fines  :  Last Revised: Tue May 18th 2021
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.