DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- An infringement notice usually gives you 28 days to pay, set up a payment plan, or choose to go to court.
- If you do nothing, the fine can go to the State Penalties Enforcement Registry (SPER), and extra fees are added.
- A payment plan is possible for fines of $200 or more, starting with a first payment of at least $60.
- If you cannot pay because of hardship, a work and development order may be possible.
- Act on the date on the notice. Getting help early is usually cheaper than waiting.
A fine can add stress when money is already tight. You have options, and most of them work best if you act early. This is general information. If you are struggling, Lifeline is on 13 11 14.
What this usually means
An infringement notice is a fine for a minor offence, such as speeding or parking, that you get without going to court. The notice shows the amount and a due date.
You usually have four choices.
- Pay it.
- Set up a payment plan with the agency that issued it.
- Dispute it with that agency, if you have a valid reason.
- Choose to have the matter decided in the Magistrates Court. This is sometimes called electing to go to court.
If you do none of these, the agency can send the fine to the State Penalties Enforcement Registry (SPER). SPER issues an enforcement order with a registration fee and a new due date. You can also be taken to the Magistrates Court.
What you can do now
- Find the due date on the notice and put it in your calendar.
- Check the notice is right. Look at the name, date, place and details. If something is wrong, contact the issuing agency before the due date.
- Decide whether to pay, dispute or go to court. A community legal centre or Legal Aid Queensland can explain what each means for you. Going to court can lead to a conviction and other penalties, so it is worth getting advice first.
- If you cannot pay in one go, ask the issuing agency for a payment plan before the fine goes to SPER. The fine must be $200 or more. You make a first payment of at least $60, and SPER then manages the plan.
- If you are in hardship, ask SPER or a community organisation about a work and development order.
- Keep records of what you paid, and when.
Time limits
- Infringement notice: generally 28 days from the date on the notice to pay, set up a plan, or elect to go to court.
- Enforcement order from SPER: generally 28 days from the date of the order to pay in full, apply for instalments, or elect to go to court (if the order is for an infringement notice offence).
- Late applications: if you have missed these dates, contact SPER as soon as you can. SPER guidance says you should contact them within 14 days of becoming aware of an enforcement order, and within 6 months of its issue date, to ask for cancellation on certain grounds.
- If you miss a payment on a plan, SPER can cancel it and issue an enforcement order with a registration fee.
If it goes further
If you elect to go to court, the fine becomes a court matter. A magistrate decides if you are guilty and what the penalty is. See our guide on having to go to court.
If a SPER debt is not paid, SPER has further powers to collect it. Contact SPER early, before that happens.
A work and development order lets someone in hardship reduce a SPER debt through courses, counselling, treatment programs, mentoring (for people under 25) or unpaid work. You can be eligible if you have a mental illness, are experiencing domestic and family violence, are homeless, have an intellectual or cognitive disability, have a substance use disorder, or are in financial hardship. You need an approved hardship partner, such as a community organisation or a health or financial practitioner, who applies for you. Compensation and restitution debts cannot be included. If you do not finish the order, it may be cancelled and you will owe the rest.
Other things to know
A fine and a licence can be linked. Unpaid fines may lead to other steps, such as action against your licence or registration. A community legal centre or SPER can tell you what applies to your fine.
Some fines come with demerit points. Paying the fine does not remove the points. See our guide on a problem with your licence.
If you are paying by instalments, keep every receipt. If you think a mistake has been made, tell the agency and SPER in writing and keep a copy.
Questions to ask whoever helps you
- What are my options for this fine, and what are the risks of each?
- Is the notice correct, and can it be disputed?
- Can I get a payment plan, and what happens if I miss a payment?
- Could I be eligible for a work and development order?
- What happens to my licence or other records if I do not pay?
Good questions
Can I dispute a fine?
Yes. You can contact the agency that issued it if you have a valid reason, before the due date. You can also choose to have the matter decided by a court. The court can find you guilty or not guilty.
What happens if I ignore it?
The agency can send the fine to SPER, which issues an enforcement order with a registration fee and a new due date. You may also be taken to the Magistrates Court.
Can I be given more time because I cannot afford it?
A payment plan may be possible. If you are in hardship, ask about a work and development order, which needs an approved hardship partner.
Words you might hear
- Infringement notice
- A fine for a minor offence, given without going to court, such as speeding.
- SPER
- The State Penalties Enforcement Registry, which collects unpaid fines for the State.
- Enforcement order
- A SPER notice for an unpaid fine. It sets a new due date and adds a registration fee.
- Work and development order
- An order that lets someone in hardship reduce a SPER debt through courses, treatment or unpaid work.
Where this comes from
- Getting an infringement notice, Queensland Government
- Fines and infringements, Queensland Revenue Office
- Work and development orders, Queensland Government
- State Penalties Enforcement Act 1999 (Qld), Queensland Legislation