On the spot fines

Contributed by Anusha Goonetilleke, former Supervising Solicitor of Street Law, a program of Canberra Community Law, with acknowledgement to Liam Meagher for his assistance, and current to 1 June 2021. This information is sourced from factsheets developed by Street Law, a program of Canberra Community Law. Reviewed by Lydia Edwards and John Alati, Supervising Solicitor, Street Law.

Australian Federal Police (AFP) Officers are able to issue on-the-spot fines if they believe, on reasonable grounds, that you have committed an 'infringement notice offence'. Some people also may be authorised to issue infringement notices for certain types of offences (see for example s 14 Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005 (ACT)).

Infringement notices

Authorised officers (generally AFP officers and sometimes other people) are able to serve infringement notices for the following offences: s134A(3) Magistrates Court Act 1930 (ACT)

• defacing public property (e.g. using paint, chalk or anything else) - see ss 9, 14, Sch 1, Magistrates Court (Crimes Infringement Notices) Regulation 2008 (ACT); s 120(2) Crimes Act 1900 (ACT);
  
• defacing private property without the consent of the owner/occupier - see s 9, Sch 1 Magistrates Court (Crimes Infringement Notices) Regulation 2008 (ACT); s 120(1) Crimes Act 1900 (ACT);
  
• urinating in a public place (other than a toilet) - see s 9, Sch 1, Magistrates Court (Crimes Infringement Notices) Regulation 2008 (ACT); s 393A Crimes Act 1900 (ACT);
  
• not following a direction to stop noise coming from your premises - see s 9, Sch 1 Magistrates Court (Crimes Infringement Notices) Regulation 2008 (ACT); s 394(2) Crimes Act 1900 (ACT);
  
• not following a direction to leave licensed premises (eg a bar, club or a place that sells alcohol under a licence or permit) - sees 7, Sch 1 Magistrates Court (Liquor Infringement Notices) Regulation 2010 (ACT); s 138 Liquor Act 2010 (ACT);
  
• drinking alcohol at certain public places (eg a bus interchange, licensed premises or a place declared to be an alcohol-free place) - s 7, Sch 1 Magistrates Court (Liquor Infringement Notices) Regulation 2010 (ACT); s 199 Liquor Act 2010 (ACT);
  
• littering - s 12, Sch 1 Magistrates Court (Litter Infringement Notices) Regulation 2004 (ACT); s 8 Litter Act 2004 (ACT); and
• smoking in enclosed public places, outdoor eating or drinking places, and declared smoke-free public places of events - see s 12, Sch 1 Magistrates Court (Smoke-Free Public Places Infringements Notices) Regulation 2010 (ACT); ss 6(1), 9B(1) and 9T(1) Smoke-Free Public Places Act 2003 (ACT).

What to do if you receive an infringement notice?

If you are given an infringement notice, you must take action within 28 days (see s 123(a) Magistrates Court Act 1930 (ACT). If, after this time, you have not done anything about the notice, the AFP may send a reminder notice and you will be charged a $34 reminder notice penalty (see, for example, s 10(3) Magistrates Court (Crimes Infringement Notices) Regulation 2008 (ACT); s 8(3) Magistrates Court (Liquor Infringement Notices) Regulation 2010 (ACT)). You will then have another 28 days to take action (see s 131(1)) Magistrates Court Act 1930 (ACT)).

If, after the additional 28 days is complete, you have not done anything about the notice, your matter can be referred to the ACT Magistrates Court for prosecution (see s 131(1)(k) Magistrates Court Act 1930 (ACT)).

Some options for responding to infringement notices are outlined below.

Pay the notice in full within 28 days

If you pay the infringement notice in full within 28 days, the liability for the offence is discharged, you cannot be prosecuted and you are not taken to have been convicted (see s 125(2) Magistrates Court Act 1930 (ACT)). It is not currently possible to pay infringements by instalments - the amount needs to be paid as a single lump sum payment. For payment options, see ACT policing section of the AFP website: https://www.police.act.gov.au/crime/criminal-infringement-notices.

Dispute the liability of the notice

You can dispute liability by completing the form on the AFP website or putting your request in writing (see s 132 Magistrates Court Act 1930 (ACT)). If you dispute liability, the infringement can be referred to the Magistrates Court (see s 134 Magistrates Court Act 1930 (ACT)). If the Court finds against you, you may be convicted of the offence and ordered to pay a penalty as well as additional costs.

Apply for more time to either pay the notice or dispute liability

You can request more time to pay (see s 124 Magistrates Court Act 1930 (ACT)) an infringement notice by completing the form on the AFP website or putting your request in writing. If you are successful, you can be granted up to 6 months additional time (see s 124 Magistrates Court Act 1930 (ACT)).

Apply for the notice to be withdrawm

If the notice has mistakes about the offence or the person who committed the offence then you can apply for the notice to be withdrawn (see ss 127-128 Magistrates Court Act 1930 (ACT)). You can also apply for withdrawal where there is a sudden or extraordinary emergency where you believe that committing the offence is the only reasonable way to deal with this emergency. However, even if you apply for a 'withdrawal', the police may refer the matter to the ACT Magistrates Court where you:

• do not agree with/object to the fine being imposed;
• deny that you committed the offence;
• question the operation/accuracy of the speed/red light camera;
• question the evidence; or
• appeal/contest/dispute the fine (see Pang v Rawlinson [2005] ACTSC 84; https://www.police.act.gov.au/crime/criminal-infringement-notices#Criminal Infringement Notices).
• You can apply for withdrawal of a notice by completing the form on the AFP website or putting your request in writing.