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On-the-spot fines

You can be issued with an on-the-spot fine or “infringement notice” if an Australian Federal Police (“AFP”) officer or other authorized officer believes, on reasonable grounds, that you have committed an infringement notice offence. Infringement notice offences include:

  • defacing public property (eg using paint, chalk or anything else);
  • defacing private property without the consent of the owner/occupier;
  • urinating in a public place (other than a toilet);
  • not following a direction to stop noise coming from your premises;
  • not following a direction to leave licensed premises (eg a bar, club or a place that sells alcohol under a licence or permit);
  • drinking alcohol at certain public places (eg a bus interchange, licenced premises or a place declared to be an alcohol-free place);
  • littering; and
  • smoking in an enclosed public place, outdoor eating or drinking place, or declared smoke-free public place or event.

If you receive an infringement notice for an offence listed above, you can:

  1. Pay the notice in full within 28 days. For payment options, see the ACT Policing section of the AFP Website: https://www.police.act.gov.au/ crime/criminal-infringement-notices. If you choose this option, pay within 28 days or you may be sent a reminder notice and charged an additional $34.
  2. Dispute liability for the notice. You can dispute liability by completing the form on the AFP website or putting your request in writing. If you dispute liability, the infringement can be referred to the Magistrates Court. If the Court finds against you, you may be convicted of the offence and ordered to pay a penalty as well as costs.
  3. Apply for more time to either pay the notice or dispute liability. You can request more time to pay an infringement notice by completing the form on the or putting your request in writing (https://www.police.act.gov.au/ crime/criminal-infringement-notices). If you are successful, you can be granted up to 6 months to pay.
  4. Apply for the notice to be withdrawn. 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notice has mistakes about the offence or the person who committed the offence then you can apply for the notice to be withdrawn. 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 Magistrates Court where, in the application 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.

You can apply for withdrawal of a notice by completing the form on the AFP website at: https://www.police.act.gov.au/ crime/criminal-infringement-notices or putting your request in writing.

When you receive an infringement notice you must take action within 28 days. If, after this time, you have not done anything about the notice you will be sent a reminder notice and you will be charged a $34 reminder notice penalty. You will then have another 28 days to take action.

If, after the additional 28 days is complete, you have not done anything about the notice, your matter can be referred to the Magistrates Court for prosecution.

Timeline for dealing with fines
Day 1 You received an ‘on the spot fine’
Days 1 – 28 Within 28 days, you must:
a) Pay the fine;
b) Dispute liability for the fine in writing;
c) Ask for more time to pay the fine or dispute liability; or
d) Apply for the fine to be withdrawn.
Days 29 – 56 If you have not yet done anything about the fine a reminder notice will be sent to you and you will be charged a $34 penalty on top of the original amount. The reminder notice gives you another 28 days to take action on the fine.
Day 57
onwards
If you do not take any action to deal with the infringement notice you will owe the original amount as well as the $34 penalty. You will also be liable to have the infringement referred to the Magistrates Court for prosecution.

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Completing a work and development program (WDP)

1. Call the RTA’s Infringement Plan Office on (02) 6207 6000.
2. Complete the ‘Client Application for a Work or Development Program’ form.
3. Attach any supporting documents.
4. Submit the form by post, email, or in person.
5. If you are conditionally approved, approach a WDP provider. If they agree to have you join their program, they will complete an application form.
6. If your application is rejected, you can appeal that decision, or look at other options for dealing with the fine.

It is now possible to pay off your traffic, parking and traffic camera fine(s) by completing approved volunteer work, a course, mentoring or counselling/ medical treatment. Each hour that you attend works off part of the fine. If your licence has been suspended for not paying the fine(s), that suspension will be lifted once you are approved to complete a WDP.

This option for dealing with a fine is not available to everyone. You must show:

  • current or ongoing serious financial hardship;
  • mental or intellectual disability or mental disorder;
  • physical disability or disease or illness;
  • addiction to alcohol or other drugs;
  • family violence; or
  • homelessness, living in crisis, transitional or supported accommodation.

1. The rates at which fines will be reduced

Activity Cut out rate
Volunteer work $37.50 per hour worked
Educational, vocational or life skills course $50 per hour or $350 per full day, up to a maximum of $1,000 per month
Financial and other counselling
Participation (as a mentee) in a mentoring program $1,000 per month for full compliance (or a proportion for partial compliance)
Medical or mental health treatment in accordance with a doctor’s treatment plan
Alcohol or other drug treatment

 

2. Submitting your form

Fill out the “Client Applicant for a Work or Development Program” form which can be found here: https://www.accesscanberra.act.gov.au/ci/ fattach/get/345102/1569204062/redirect/1/filename/ Client+application+for+a+work+or+development+ program+%28WDP%29.pdf.

Lodge your form by:

Email ACInfringements@act.gov.au
In person Any Canberra Connect shop front
Post Infringement Plan Office,
PO Box 582
DICKSON ACT 2602

Once you have been approved by the Infringement Plan Office you can then approach the organisation that you would like to complete your WDP with. A list of providers is on the Access Canberra website here: https://www.accesscanberra.act.gov.au/s/article/ traffic-and-parking-infringements-tab-work-and- development-programs

If your application is not approved you can seek internal review by sending a written request to:

The Manager
Road User Services
PO Box 582
DICKSON ACT 2601

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Apply for waiver of a fine

1. For a waiver of a fine Fill out the ‘Manage Infringement’ form online at the Access Canberra website (linked below).
2. To make this application you will need to address the criteria below.
3. If your application for a waiver is rejected you could appeal this decision, or look at the other options for dealing with the fine.

When a traffic or parking fine is waived you no longer have to pay it. Waiver is only granted in very limited circumstances.

For waiver to be considered, you must be able to show that:

  • You do not have the financial ability to pay the fine; and
  • You have special circumstances (e.g. a disability, homelessness); and
  • Enforcement action (like suspension of your license) is unlikely to make you pay the fine; and
  • You are not able to complete an approved community work or social development program.

You will need to address these dot points in the form linked below which addresses all of the criteria listed above. You will also need to provide some evidence of what you are saying. This evidence could be a bank statement, or a letter from your doctor, a counsellor, or another support service.

The process

Parking, traffic camera or traffic infringement Go to the Access Canberra website and fill out the manage parking infringement form which can be founder here: https://form.act.gov.au/ smartforms/servlet/SmartForm. html?formCode=1478

Fill out the tabs and select the “I am under financial hardship and would like to apply for a waiver” tab.

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Apply to pay by instalments

1. Contact Access Canberra on 13 22 81 for information on managing your infringement.
2. Complete the application form and attach any supporting documentation.
3. If your application is rejected, you could appeal that decision, or look at the other options for dealing with the fine.

If you wish to pay a traffic, parking, traffic camera or other transport fine but cannot pay it all at once, you can apply to pay it in instalments. There is no time limit for how long the instalment plan will last for. To enter a payment plan, you need to apply for an ‘infringement notice management plan’ (INMP).

The amount of each instalment will be determined by the RTA having regard to your income. This means your application will need to include details of your financial circumstances. The minimum payment will never be less than $10 per fortnight.

Only those who have a Centrelink Health Care Card, Centrelink Pension Card, Department of Veterans’ Affairs Pension Card, or Department of Veterans’ Affairs Gold Card have automatic access to this payment option. Everyone else is required to provide evidence of financial hardship with their application.

How to submit your application

Locate the relevant form at the https://rego.act.gov.au/regosoawicket/public/ttp/TimeToPayPlanPage?0.

Otherwise, traffic and parking infringements can now be dealt with on the Access Canberra website 24/7. You can select the ‘manage infringement’ tab at the Access Canberra website: https://www.accesscanberra.act.gov.au/s/article/ traffic-and-parking-infringements-tab-overview

If you want the instalments taken from your Centrelink payment, complete a general application form, a Centrelink Deduction Authority Application form and a Concession Validation Consent form.

If you want the instalments directly debited from your bank account, complete a general application form and an INMP Direct Debit Request form. f you want to pay by Centrepay or Bpay call 6207 6000.

If you already have an instalment payment plan and want to add a new fine, go to the Access Canberra website at https://www.accesscanberra.act.gov.au/s/article/traffic-and-parking-infringements-tab-overview and select the ‘Manage Infringement’ tab.

You must also provide photo ID, and your pay slips or Centrelink income statement.

Send the form(s) to:

Phone (02) 6207 8754
In person At any Access Canberra Service Centre
Post Road Transport Authority
PO Box 582
DICKSON ACT 2602.

If your application to pay off your fine this way is refused, you will be given notice of the refusal. You will have the later of 7 days from the day you receive that notice or 28 days from the day you receive the original fine to do something else.

If your application is approved, you must let the RTA know in writing if your financial situation changes and/or you cannot make a payment as soon as possible. If you miss payments, you risk your licence being suspended.

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Applying for an extension of time to pay

1. Complete the relevant form.
2. Attach any necessary supporting documents.
3. If your application is refused, you could appeal that decision, or look at other options for dealing with the fine.

If you receive a parking fine or traffic fine and you are not able to pay it immediately, you can apply for more time to pay the fine (up to a maximum of 6 months). Under this option you can be given longer to save to pay the fine in full. If you prefer, you can also pay a fine by instalments – see our ‘Apply to pay by instalments’ factsheet. Instalment plans are not time limited.

You have 28 days from when you receive a fine to apply for an extension of time. You can still apply after 28 days but you may be issued with a reminder notice and receive a $34 reminder notice fee. After 56 days you will receive a suspension notice The process notifying you of a final date to pay your fine by. If you do not pay your fine by this final date your licence will be suspended, and if you apply for an extension of time you may have to provide good reasons as to why you did not apply in time.

Your request for an extension of time should include:

  • the fine number(s) and the date that you received the fine notice(s);
  • your name, address and contact number;
  • your driver’s license number and state; and
  • the length of time requested for an extension (the maximum is 6 months).
The Process
Parking and traffic camera infringement Go to the Access Canberra Website:
https://www.accesscanberra.act.gov.au/s/article/traffic-and-parking-infringements-tab-extend-an-infringement-due-date

Click on the ‘manage infringement’ tab and follow the prompts.
Traffic infringement issued by police Complete an online form:
https://form.act.gov.au/smartforms/landing.htm?formCode=1131

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Asking for withdrawal of a fine

1. Complete a form which says why you think that fine should be withdrawn.
2. Provide evidence to support your claims.
3. If your application is refused you could appeal, or look at other options for dealing with the fine.

A traffic or parking fine might be withdrawn where:

  • The fine contains the wrong information (e.g. wrong date, wrong vehicle description, wrong driver information, incorrect description of the offence);
  • The fine is the result of administrative or technical reasons outside of your control (e.g. a parking meter or ticket machine was faulty);
  • There was an emergency medical situation;
  • There was unforeseen or unpreventable circumstances;
  • You have a good driving record (e.g. you have no infringements for the past 5 years);
  • The person to whom the fine has been issued is deceased or has moved overseas permanently;
  • There is insufficient evidence to establish that the offence occurred;
  • The parking permit/ticket was incorrectly displayed but you can explain why and provide the ticket;
  • Your car, or P/L plates, were stolen and you can prove this;
  • The offence occurred because the vehicle had broken down or could not be moved from the park.

You have 28 days from when you receive the fine to apply for it to be withdrawn. You can still apply after 28 days have passed but you may be issued with a reminder notice and charged a $34 reminder notice fee. After 56 days have passed you will receive a suspension notice notifying you of a final date to pay your fine by. If you do not pay your fine by this final date your licence will be suspended and, if you apply for withdrawal of the fine you may have to provide good reasons as to why you did not apply in time.

Because of a 2005 ACT Supreme Court decision, the police may refer the matter to the 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.

If the court does not decide in your favour, it may go on your criminal record and you may be fined and have to pay costs.

The Process
Parking or traffic camera infringement Complete the online form: https://rego.act.gov.au/regosoawicket/public/ withdraw/WithdrawInfringementPage

Or download and complete an “Application for Withdrawal of a Parking or Traffic Camera Infringement Notice”: https://www.accesscanberra. act.gov.au/ci/fattach/get/107923/ 1476239186/redirect/1/filename/Application+ for+withdrawal+of+a+parking+or+ traffic+
camera+infringement+notice.pdf

Completed forms for traffic related offences can be submitted by:

  • clicking the “submit traffic camera office” tab at the end of the form; or
  • emailing the form to tco@act.gov.au

Completed forms for parking related offences can be submitted by:

  • clicking the “submit to parking review office” tab at the end of the form; or
  • emailing the form to parkingreview@act.gov.au
Traffic infringement issued by police Complete the online form:
The ACT Government forms website

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Disputing liability for a fine

1. Download and complete the relevant form online. Set out why you do not think that you are responsible for this fine.
2. Attach evidence (e.g. photos) to support your claim.
3. If your claim is rejected, you may be able to appeal it, or consider other options for dealing with the fine.

You should only dispute a traffic or parking fine if you believe:

  1. you were not responsible for the infringement, or
  2. there was no infringement.

You should not dispute a fine if you are simply annoyed at receiving it or because you do not have the money to pay.

1. When might you dispute liability for a fine?

The most common reason for disputing liability for a fine is where you did not commit the offence, for example someone else was driving your car at the time of the infringement. In those circumstances, either you or the person driving the vehicle at the time will have to complete an “infringement notice declaration”, declaring that the other person was driving your car at the time. The fine will then be re-issued to the person who was driving.

2. Disputing evidence

If you have received the fine and you are disputing the evidence, you will probably need to go to the Magistrates Court to sort the matter out.

If the court does not decide in your favour, it may go on your criminal record and you may be fined and have to pay costs.

3. The Process

Parking or traffic camera infringement
If someone else was driving your car at the time of the infringement, complete the infringement notice declaration online form:
https://www.myaccount.act.gov.au/s/rego-infringement-lookupTo otherwise dispute liability, complete the online form:
https://rego.act.gov.au/regosoawicket/public/ dispute/DisputeInfringementPage
Traffic infringement issued by police
If someone else was driving your car at the time of the infringement, download and complete the relevant infringement notice declaration from:
https://www.police.act.gov.au/road-safety/traffic-fines#Submit_infingement_noticeCompleted forms can be submitted to: infringements@afp.gov.auTo otherwise dispute liability, complete the online form: https://form.act.gov.au/smartforms/landing.htm?formCode=1131

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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Traffic & Parking Fines

If you get a fine for a traffic or parking infringement you can either:

  1. Pay the fine in total;
  2. Dispute liability for the fine in writing;
  3. Let the Road Transport Authority know that someone else committed the offence by completing an infringement notice declaration;
  4. Apply to pay the fine by installments through an infringement notice management plan (INMP);
  5. Apply to participate in a community work or development program instead of paying the fine;
  6. Ask for the fine to be withdrawn;
  7. Ask for more time to pay the fine; or
  8. Apply for a waiver of the fine.

When you receive a fine you must take action within 28 days. If, after this time, you have not done anything about the fine you will be sent a reminder notice and you will be charged another $34 for that notice. You will then have another 28 days to take action.

If, after a total of 56 days, you have still not done anything about the fine, you will receive a suspension notice which will provide a date that your fine must be paid by. If you have not paid your fine by the date in the suspension notice your licence will be suspended. You can still take action on the fine at this point but, for some of the options listed above, you may have to provide good reasons for why you did not take action on the fine earlier (for example, you were overseas and did not receive the fine or reminder notice).

Timeline for dealing with traffic fines
Day 1 You received a fine for a traffic or parking infringement
Days 1 – 28 Within 28 days, you must:

  1. Paythefine;
  2. Apply to pay the fine by instalments;
  3. Apply to participate in a community work or development program instead of paying the fine;
  4. Dispute liability for the fine in writing;
  5. Give the Road Transport Authority an infringement notice declaration if you were not the person who committed the offence;
  6. Apply for the fine to be withdrawn;
  7. Ask for more time to pay the fine; or
  8. Apply for a waiver of the fine.
Days 29 – 56 If you have not yet done anything about the fine a reminder notice has now been sent to you. You have also been charged a $34 fee for the reminder notice.
The reminder notice gives you another 28 days to take action on the fine.
Day 57 onwards If you do not take any action you will owe the amount of the fine and the extra $34 fee. You will be sent a suspension notice providing a final date that you must pay the fine by. If you do not pay the fine by this final day your licence will be suspended.
You can still do something about the fine at this point but you may need make an ‘out of time’ application and give good reasons for why you did not do anything about the fine earlier.

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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