A fine is defined as a monetary penalty imposed by a court for an offence and includes court fees or charges, a levy payable under Part 6 of the Victims of Crime Assistance Act 2006, witnesses' expenses and costs payable under a court order in proceedings brought by a law enforcement officer, an order for restitution by monetary forfeiture or monetary compensation (an order for restitution or compensation), and an amount of a kind prescribed by the regulations (section 6(1)). A penalty is an amount specified in an infringement notice as payable in respect of an alleged offence and includes a levy under Part 6 of the Victims of Crime Assistance Act 2006 and any prescribed amount (section 6(2)). Neither a fine nor a penalty includes an amount of a kind excluded by the regulations (section 6(3)).

An infringement notice is a notice issued under a law of the Territory to the effect that the person to whom it is directed has committed a specified offence and may expiate the offence by paying the specified penalty in the manner and within the time specified (section 9). An appropriate officer (a person authorised by the law providing for the issue of an infringement notice or specified in the regulations) issues and deals with infringement notices (section 10). A courtesy letter is a letter served on a person where it appears the penalty under an infringement notice has not been paid within the specified period or any extended time allowed (section 15(1)). A penalty enforcement order is an order made by the Fines Recovery Unit under section 37 to enforce payment of an outstanding penalty under an infringement notice and enforcement costs (section 36). A fine enforcement order is an order made by the Fines Recovery Unit under section 50 or 102 for the enforcement of payment of a fine imposed by a court (section 49). An enforcement order means either a fine enforcement order or a penalty enforcement order (section 5). A fine defaulter is a person liable to pay an amount under an enforcement order (section 5). Enforcement costs are the amounts prescribed under section 41 or 53 in relation to the making of an enforcement order and the taking of enforcement action, plus amounts payable under section 74 or 78A in respect of bailiffs' costs and expenses (sections 41, 53). An outstanding fine is the amount of a fine that has not been paid within the time specified in section 23 (28 days after imposition) or in accordance with arrangements made under section 26(2) (section 35(2)). An outstanding penalty under an infringement notice is the amount of a penalty that has not been paid within the time specified in the courtesy letter or in accordance with arrangements under section 12B(2), and includes the prescribed costs of the courtesy letter (section 35(2)). The Fines Recovery Unit may take action under Part 5 to enforce outstanding fines or penalties (section 35(1)). An approved project is a project approved by the Commissioner of Correctional Services for the purposes of community work orders (section 76(2)).

The Act directly affects several categories of persons and entities. A fine defaulter, defined as a person liable to pay an amount under an enforcement order (section 5), is the central subject of enforcement action. This may be an individual or a body corporate. For individuals, the Act provides a graduated enforcement pyramid culminating in community work orders (for individuals only: section 76(1)) and imprisonment. For bodies corporate, the Act provides for suspension of vehicle registration (section 61(1)(a)) and civil enforcement measures but not community work or imprisonment. Enforcement agencies, being the persons or bodies responsible for the administration of the Act or a competent authority for the purposes of the law under which an infringement notice was issued (section 5), are affected because they receive payment of penalties under infringement notices (section 12(1)) and may enter into arrangements for further time to pay (sections 12A and 12B). The Fines Recovery Unit, established by section 27, is the central administrative body that makes enforcement orders, takes enforcement action, receives and collects fines and penalties, and administers the write-off policy (section 28). The Director of the Fines Recovery Unit, appointed by the Minister from among public sector employees (section 29(1)), exercises the Unit's functions of making or issuing orders and warrants (section 30(2)) and may delegate powers (section 29(4)). Bailiffs, including members of the Police Force (section 5), execute property seizure orders (section 70(4)), serve community work orders (section 78), and execute warrants of apprehension for examination (section 68(11)). The Registrar of Motor Vehicles is directly affected by Division 7 enforcement actions, being required to give effect to suspensions of licences to drive (section 60(2)(b)), suspensions of vehicle registration (section 61(3)(b)), and determinations to cease performing functions related to motor vehicles (section 62(3)(b)), and cannot cancel registration while it is suspended under the Act except with Fines Recovery Unit approval (section 61(5)). The Commissioner of Correctional Services assesses the suitability of fine defaulters for participation in approved projects (section 79), receives community work orders (section 78(3)(b)), and receives persons committed by warrant under Division 10 (section 86(1)). Probation and parole officers and community youth justice officers direct participation in approved projects (section 77A(1)). The Local Court exercises criminal jurisdiction over certain matters under Part 5, including hearing applications for annulment of penalty enforcement orders on appeal (section 46) and hearing substantive matters when a penalty enforcement order is annulled (section 48). The Youth Justice Court stands in place of the Local Court where the applicant was a youth at the time of the alleged offence (section 46(6)). Parents or guardians of youths are affected by notification requirements (section 110). The Administrator has power to remit fines, penalties and enforcement costs (section 117). Creditors and third parties are affected by garnishee orders (section 72), charges on land (section 73), and the prohibition on transferring vehicle registration during suspension (section 66). Immobilisation officers, who may be authorised persons or persons authorised by the Director under section 66B, exercise powers to enter premises and immobilise vehicles (Division 7A).

A person issued with an infringement notice has the right to elect to have the matter dealt with by a court instead of under the Act by serving a written statement on the enforcement agency or other specified person (section 21(1) and (2)). If a courtesy letter has been served, the election must be made before the due date specified in the letter (section 21(3)). A person has the right to apply for further time to pay the penalty under an infringement notice to the enforcement agency (section 12A(1)). The enforcement agency may allow further time and may enter into arrangements for extension of time or payment by instalments (section 12B(1) and (2)). The decision of the enforcement agency about the application is final and may not be appealed against, reviewed or called into question in any court or tribunal (section 12A(5)). A person on whom a court has imposed a fine has the right to apply to the Fines Recovery Unit for further time to pay (section 25(1)). More than one application may be made (section 25(2)). The Fines Recovery Unit may require information or documents in support (section 25(3)), and its decision is final and not appealable (section 25(5)). The Unit may allow further time or payment by instalments by order (section 26(1) and (2)). A person subject to a penalty enforcement order has the right to apply to the Fines Recovery Unit for annulment of the order (section 43(1)), which must be made within 12 months after the making of the order unless leave is granted (section 43(2)). The Unit may annul if satisfied that the person was not aware of the infringement notice, was hindered by accident, illness, misadventure or other cause, or there is other just cause (section 44(1)). If the Unit refuses the application, the applicant has the right to apply to have the matter determined by the Local Court (section 46(1)). A person subject to a community work order must participate for the number of hours specified in an approved project as directed by a probation and parole officer or community youth justice officer, participate in a satisfactory manner, comply with reasonable directions, inform of change of address within 48 hours, and comply with any prescribed conditions (section 77A(1)). Except where the fine defaulter consents, work must not exceed 8 hours (exclusive of meals) in any one day (section 77A(2)). A fine defaulter subject to a community work order may pay the outstanding balance at any time; if work has been performed, the outstanding amount is reduced at the prescribed rate per hour (section 82). A fine defaulter has the right to apply for time to pay after an enforcement order is made but before a community work order is issued (section 95(1)). If the application is granted and instalments are paid as ordered, further enforcement action is suspended (section 95(5)), and the Fines Recovery Unit must lift any suspension of licence or registration, lift any determination under section 62, direct removal of immobilisation, and remove published details (section 95(7)). A person has the right not to be required to produce any document that is not specified or sufficiently described in an examination summons or that they would not be bound to produce on a subpoena for production in the Supreme Court (section 68(9)). A person who is the subject of a fine enforcement order and has lodged an appeal against conviction or sentence may have the suspension of licence or registration lifted pending appeal (section 63(1)(b)). An appropriate officer who issues a courtesy letter to a youth must take reasonable steps to ensure a copy is delivered to a parent, guardian or person having custody (section 110(1)). The Fines Recovery Unit issuing a notice or making an order in relation to a youth must take reasonable steps to notify the parent, guardian or person having custody (section 110(2)). A person has the right to apply for written approval from the Fines Recovery Unit to transfer an interest in a motor vehicle while its registration is suspended (section 66(1)). An infringement notice cannot be issued to a person who was younger than 14 years when the relevant offence is alleged to have been committed (section 7(1)).

The Act creates several specific offences with stated penalties. A person commits an offence if they contravene a requirement by an appropriate officer to state their full name, date of birth and residential address for the purpose of issuing an infringement notice, having been warned that it is an offence, with a maximum penalty of 100 penalty units, and it is an offence of strict liability with a defence of reasonable excuse (section 11(3) to (5)). The same offence applies in relation to requirements made by an officer of the Fines Recovery Unit when dealing with a person in accordance with the Act (section 33(3) to (5)). A fine defaulter commits an offence if they intentionally sell or otherwise transfer an interest in a motor vehicle while the registration is suspended and are reckless as to whether the Fines Recovery Unit has given written approval, with a maximum penalty of 200 penalty units or imprisonment for 12 months, and strict liability applies to the elements of being the registered owner and the suspension being in effect (section 66(1A) and (1B)). A person commits an offence if a motor vehicle is immobilised under Division 7A and they intentionally move the vehicle, with a maximum penalty of 100 penalty units, strict liability as to the immobilisation, and a defence of reasonable excuse (section 66H). A person commits an offence if they intentionally remove or tamper with an immobilisation device, with maximum penalty of 100 penalty units, strict liability as to the immobilisation, and a defence of reasonable excuse (section 66J). A person commits an offence if they intentionally give information that they know is misleading to an official who is acting in an official capacity, with maximum penalty of 200 penalty units or imprisonment for 12 months (section 109A(1)). A person commits an offence if they intentionally give a document that they know contains misleading information to an official acting in an official capacity, with a maximum penalty of 200 penalty units or imprisonment for 12 months, and a defence if they draw the misleading aspect to the official's attention and give the information necessary to remedy it (section 109A(2) and (4)). The regulations may create offences punishable by a penalty not exceeding 50 penalty units (section 119(2)). Part IIAA of the Criminal Code applies to offences against the Act (section 6A).

The enforcement mechanisms available to the Fines Recovery Unit under Part 5 are extensive. For outstanding penalties under infringement notices, the Unit may make a penalty enforcement order (section 37), which sets out the amount payable being the penalty remaining plus enforcement costs (section 40). The order may be made in the absence of and without prior notice to the person (section 37(3)), and does not constitute a conviction (section 39(a)). For fines imposed by courts, the Unit may make a fine enforcement order (section 50), which sets out the fine remaining plus enforcement costs (section 52), and may be made in the absence of and without notice (section 50(2)). The Unit must not make a fine enforcement order if a rehearing or appeal is pending (section 51(1)), and must stay enforcement if a rehearing or appeal is lodged after the order is made (section 51(2)). Under Division 7, the Unit may suspend a fine defaulter's licence to drive without further notice (section 60(1)), suspend vehicle registration of a body corporate fine defaulter or an individual who does not hold a licence or whose licence is already suspended (section 61(1) and (2)), and determine that the Registrar of Motor Vehicles is to cease performing specified functions including issuing a licence, registering or renewing a vehicle, granting a motor vehicle trader's licence, issuing a temporary licence, granting or renewing a pastoral vehicle permit, and issuing a number plate (section 62(1) and (2)). Under Division 7A, the Director may determine to immobilise a motor vehicle for up to 7 days where the amount exceeds the prescribed amount (sections 66A and 66C(1)(a)). Under Division 7B, the Unit may publish on its website the full name, suburb of residence and amount owed of a fine defaulter where the amount exceeds the prescribed amount, but must not publish details of persons under 18, protected persons under the Domestic and Family Violence Act 2007, or where publication would endanger safety (sections 66L, 66M). Under Division 8, the Unit may examine a fine defaulter (section 68), issue a property seizure order (section 70), issue a garnishee order for attachment of debts or continuous attachment of wages or salary (section 72), and apply to register a statutory charge on land owned by the fine defaulter where the total amount exceeds the prescribed amount, although no power of sale is exercisable under such a charge (section 73(1) and (5)). Under Division 9, the Unit may make a community work order requiring the fine defaulter (being an individual) to participate in an approved project to work off the unpaid amount, but not in relation to an order for restitution or compensation (sections 76(1A) and 77(1)). The number of hours cannot exceed 480 hours (section 80(2)). Under Division 10, if a community work order is revoked, the Unit may by warrant commit the fine defaulter into custody for a period calculated at one day for each prescribed amount (or part), not exceeding 3 months, provided the fine defaulter was 18 years or over when all relevant offences were committed (sections 86, 87, 88). Terms under warrants are to be served cumulatively with each other (section 90) and concurrently with incomplete sentences not for default of payment of a fine or sum of money, but cumulatively on incomplete sentences for default of payment of a fine or sum of money (section 91).

Part 2 (infringement notices) is stated to be in addition to and does not derogate from any Act that relates to proceedings that may be taken in respect of offences that are or may be the subject of infringement notices (section 8). Part 5 applies despite anything in the Youth Justice Act 2005, except that the provisions relating to the hearing or determination of an alleged offence on annulment of a penalty enforcement order are subject to that Act (section 35(3)). Part 5 may be used to enforce outstanding penalties even if the law under which the infringement notice was issued does not specifically provide for enforcement, and despite that the law contemplates prosecution for the offence (section 35(4)). A court may order that the Act does not apply in circumstances provided for in the Sentencing Act 1995, Local Court (Criminal Procedure) Act 1928 or Youth Justice Act 2005 (section 3(2)). The Act interacts significantly with the Motor Vehicles Act 1949. A licence to drive means a licence granted under that Act (section 5). Suspension of registration under section 61 means the vehicle is taken to be unregistered during the suspension period, but the suspension has no effect on compensation contributions within the meaning of the Motor Vehicles Act 1949 (section 61(4)). The Registrar of Motor Vehicles cannot cancel registration while it is suspended under the Act except with Fines Recovery Unit approval (section 61(5)). Section 62 applies despite any obligation on the Registrar to perform a function imposed by or under any other Act (section 62(5)). A vehicle insurance policy is not affected by suspension of registration or licence under Division 7, and a claim cannot be refused merely because of the suspension, despite anything to the contrary in the policy or any other agreement (section 65(1)). The Act interacts with the Land Title Act 2000: a statutory charge is of no effect until registered under that Act (section 73(3)) and ceases to have effect on registration of cancellation under section 75 (section 73(4)). The provisions of rules under the Local Court Act 2015 prescribed by regulation apply, with any modifications prescribed, to property seizure orders (section 70(2)) and garnishee orders (section 72(3)). The Fines Recovery Unit has the functions of a registrar of the Local Court in relation to the approval of bailiff's costs and expenses (sections 74(3), 78A(3)). The Local Court may review a decision of the Fines Recovery Unit in respect of enforcement costs under section 75 of the Local Court Act 2015 as if it were a decision of a registrar exercising a delegated power (section 74(5)). An examination summons cannot require production of documents that the person would not be bound to produce on a subpoena for production in the Supreme Court (section 68(9)). Conduct that would constitute contempt of the Local Court under section 45 of the Local Court Act 2015 may be referred by the Director to the Local Court, which may deal with it under Part 4, Division 4 of that Act (section 68(12)). The jurisdiction conferred on the Local Court under Part 5 is part of the Court's criminal jurisdiction (section 48A). The Act interacts with the Service and Execution of Process Act 1992 (Cth): the Fines Recovery Unit may act for a State or another Territory to enforce a fine if a request for registration has been made under that Commonwealth Act (section 28(6)(b)). Part 6 provides for reciprocal enforcement of fines against bodies corporate: if a State or another Territory has laws providing for enforcement in that State or Territory of a Northern Territory fine against a body corporate, the Minister may declare a court of summary jurisdiction in that State or Territory to be a reciprocating court (section 101). The Unit must register a certified copy of a conviction from a reciprocating court and make a fine enforcement order (section 102(1) and (2)). Money received in pursuance of such an order must be remitted to the relevant officer of the reciprocating court (section 102(4)). The Act interacts with the Bail Act: a forfeited bail undertaking referred to the Unit under that Act is enforced under this Act as if the amount payable were a fine imposed by a court for an offence, with modifications including that enforcement costs are not payable on the making of the order (sections 108, 109). The Act interacts with the Victims of Crime Assistance Act 2006: a levy payable under Part 6 of that Act is included in the definition of fine (section 6(1)(b)) and penalty (section 6(2)(a)). The allocation of monies under section 113 requires money to be applied to payment of an order for restitution or compensation first, then bailiff costs, then enforcement costs, then the victim's levy (section 113(1)(aa), (a), (b), (c), (d), (e), (f), (g)).

The Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) received assent on 12 December 2001 and commenced on 1 January 2002 (Gazette G50, 19 December 2001). It has been amended by multiple subsequent Acts. The Youth Justice (Consequential Amendments) Act 2005 (No. 33, 2005) commenced 1 August 2006 and made amendments to sections 3, 5, 7, 35, 46, 77, 84, 87, 110 and 121. The Statute Law Revision Act 2007 (No. 4, 2007) commenced 8 March 2007 and amended section 97. The Justice Legislation Amendment Act 2007 (No. 5, 2007) commenced 24 April 2007 and amended sections 6 and 113. The Justice Legislation Amendment (Penalties) Act 2010 (No. 12, 2010) commenced 1 July 2010 and amended sections 11, 33, 66, 99 and 34. The Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (No. 40, 2010) commenced 1 March 2011 and amended section 69. The Fines and Penalties (Recovery) and Other Legislation Amendment Act 2011 (No. 43, 2011) commenced 1 March 2012 and made extensive amendments including inserting sections 12A and 12B, amending sections 3, 5, 6, 10, 13, 14, 15, 19, 20, 22, 24, 26, 28, 29, 31, 34, 35, 37, 41, 43, 44, 45, 47, 48, 51, 55, 57, 58, 59, 60, 61, 62, 63, 68, 72, 74, 76, 77, 95, 100, 102, 105, 106, 107, 108, 112, 113, 114, 115, 116, 119, 120, 121, 122 and Part 10, and inserting sections 76, 105, and Part 10 Divisions 1 and 2. The Local Government Amendment Act 2014 (No. 19, 2014) commenced 1 July 2014 and amended section 5. The Correctional Services (Related and Consequential Amendments) Act 2014 (No. 27, 2014) commenced 9 September 2014 and amended sections 5, 76, 78, 79, 82, 84, 86, 92, 94, 98 and 121. The Fines and Penalties (Recovery) Amendment Act 2015 (No. 24, 2015) commenced 6 October 2015 and made substantial amendments including inserting sections 6A, 66A to 66J, 66L to 66N, 78A and 109A, amending sections 5, 11, 33, 41, 53, 55, 62, 66, 78, 95, 99, 113, and substituting section 34. The Local Court (Repeals and Related Amendments) Act 2016 (No. 9, 2016) commenced 1 May 2016 and amended sections 3, 5, 24, 29, 45, 46, 47, 48, 68, 70, 71, 72, 74, 78A, 100, 103, 107, 108, 113, 114, and inserted section 48A. The Animal Protection Act 2018 (No. 25, 2018) commenced 1 November 2022 and amended section 5. The Animal Protection Amendment Act 2022 (No. 19, 2022) commenced 13 September 2022. The Justice and Other Legislation Amendment Act 2024 (No. 4, 2024) commenced 25 March 2024 and amended sections 5, 77, 84, and inserted sections 77A, 77B and Part 10 Division 4. The Fines and Penalties (Recovery) Amendment (Validation) Act 2024 (No. 22, 2024) received assent on 9 December 2024 and commenced 10 December 2024, inserting Division 12 of Part 5 containing sections 99A and 99B which validate certain enforcement orders and enforcement action taken before 28 June 2024. The Fines and Penalties (Recovery) Legislation Amendment Act 2024 (No. 23, 2024) also received assent on 9 December 2024 and commenced 10 December 2024, making significant amendments including substituting sections 27, 30, 31, 34, 36, 37, 38 (repealed), 59, 64, 99AA, amending sections 29, 41, 48, 53, 58, 60, 61, 62, 63, 95, 98, 113, 114, and removing section 66K.

The source text itself does not contain any references to specific court cases or litigation history. The Act provides the framework within which litigation may occur. Part 5 Division 3 provides for the annulment of penalty enforcement orders. If the Fines Recovery Unit refuses an application for annulment, an applicant may apply in the approved form to have the original application determined by the Local Court (section 46(1)). The Local Court is to determine the application in accordance with Division 3 and may make any decision that the Fines Recovery Unit could have made (section 46(5)). If a penalty enforcement order is annulled by the Fines Recovery Unit and referred to the Local Court under section 47(3), or if annulled by a court, the Local Court must hear and determine the substantive matter of the alleged offence as if no penalty enforcement order had been made (section 48(1)). For this purpose, the infringement notice and the notice of making of the penalty enforcement order are together taken to be a complaint filed when the notice of making was served, and the appropriate officer who issued the infringement notice, or another nominated officer, is taken to be the complainant (section 48(3)). The matter is not to be heard and determined if the penalty is paid on the annulment of the order (section 48(2)). The jurisdiction conferred on the Local Court under Part 5 is part of the Court's criminal jurisdiction (section 48A). Section 46(4) provides that the Local Court may proceed to determine an application despite any omission or error in or failure of service of a notice about the time and place of hearing if satisfied that the applicant and interested parties had knowledge and were not prejudiced, or that the applicant is avoiding service or cannot after reasonable search be found. The Act provides that an appeal does not lie in respect of the making of a community work order or the failure to make such an order (section 77(4)). The Local Court may review a decision of the Fines Recovery Unit in respect of enforcement costs under section 75 of the Local Court Act 2015 as if it were a decision of a registrar exercising a delegated power (section 74(5)). Bailiff's costs payable under section 78A may be reviewed by the Local Court in accordance with the provisions of rules under the Local Court Act 2015 prescribed by the regulations (section 78A(5)). If a person engages in conduct that would constitute contempt of the Local Court under section 45 of the Local Court Act 2015, the Director may refer the matter to the Local Court and the Court, constituted by a Local Court Judge, may deal with the matter under Part 4, Division 4 of that Act (section 68(12)). The decision of an enforcement agency on an application for further time to pay a penalty under an infringement notice is final and may not be appealed against, reviewed or called into question in any court or tribunal (section 12A(5)). Similarly, the decision of the Fines Recovery Unit on an application for further time to pay a fine is final and may not be appealed against, reviewed or called into question in any court or tribunal (section 25(5)). Section 114(4) provides that guidelines issued by the Minister are to be complied with but a failure to do so does not affect the validity of any proceedings, decision, order or warrant. The validation provisions in Division 12, inserted by the Fines and Penalties (Recovery) Amendment (Validation) Act 2024, retrospectively deem certain enforcement orders to have been validly made and certain enforcement action to be valid, potentially affecting any litigation that may have challenged the validity of those orders or actions (sections 99A and 99B).

There are several provisions in the Act that may operate to the disadvantage of a fine defaulter who is not alert to their rights or who fails to take timely action. A person who receives an infringement notice and does not pay within the specified period or the further time allowed under section 12B may have a courtesy letter served on them, and if they do not elect under section 21 to be dealt with by a court, a penalty enforcement order may be made in their absence and without prior notice (section 37(3)). The penalty enforcement order does not constitute a conviction (section 39(a)), but it attracts enforcement costs (section 41) and exposes the person to the full range of enforcement actions. An application for annulment of a penalty enforcement order must be made within 12 months after the making of the order, unless the Fines Recovery Unit grants leave (section 43(2)). A person cannot make more than one application for annulment in relation to the same matter unless by leave (section 43(4)). The grounds for annulment are limited to: the person was not aware that an infringement notice had been issued until the enforcement order was made; the person was hindered by accident, illness, misadventure or other cause from taking action; or there is other just cause (section 44(1)). If annulment is refused, the applicant must go to the Local Court (section 46). If the order is annulled and the penalty is not paid within 10 days, the matter goes to the Local Court for a hearing of the substantive offence as if a complaint had been filed (sections 45(2)(b), 47(3)(b), 48). This means a person who receives an infringement notice, fails to pay, fails to elect for court, and later obtains annulment may still face a court hearing for the original offence. A fine enforcement order may be made in the absence of and without notice to the person (section 50(2)), and the Fines Recovery Unit must not make such an order only if a rehearing or appeal is pending (section 51(1)). A person who obtains an order for further time to pay or instalments but misses an instalment may find the remaining instalments become due and payable immediately (sections 12B(4), 26(3), 95(4)). Suspension of a licence to drive may be made without further notice to the fine defaulter, and failure of notification to reach the fine defaulter does not affect the suspension (sections 60(1), 60(3A)). The same applies to suspension of vehicle registration (section 61(3A)) and determinations to cease performing motor vehicle functions (section 62(4)). A fine defaulter whose licence is suspended may still have their vehicle registration suspended if they are a registered owner (section 61(1)(b)). A fine defaulter who sells a vehicle during a period of suspended registration commits an offence with a maximum penalty of 200 penalty units or 12 months imprisonment unless the transfer is approved in writing by the Fines Recovery Unit (section 66(1A)). The Act does not prevent the Registrar of Motor Vehicles from transferring registration to a third party despite the suspension, and if that occurs the suspension ceases (sections 66(2) and (3)). However, the Registrar is not required to transfer if they believe the proposed transferee is not a bona fide purchaser and the transfer is intended to defeat enforcement action (section 66(4)). Immobilisation may be for up to 7 days (section 66C(1)(a)) and the fine defaulter is not prevented from accessing the vehicle during that period (section 66E), but interference with the immobilisation device is an offence (section 66J). The names of fine defaulters may be published on the Fines Recovery Unit website where the amount exceeds the prescribed amount (section 66M). There is no appeal against the making of a community work order or the failure to make one (section 77(4)). A community work order cannot be made in relation to an order for restitution or compensation (section 76(1A)). The maximum hours for a community work order is 480 hours, but more than one order may apply at any one time, and the hours are additional to hours under any other order under this Act or another Act (section 80(2) and (3)). Part IIAA of the Criminal Code applies to offences against the Act (section 6A), meaning general principles of criminal responsibility and defences apply. The regulations may declare an offence to be a regulatory offence (section 119(3)(a)). The Act contains protection from civil or criminal liability for authorised persons, immobilisation officers and officers of the Fines Recovery Unit for acts done in good faith in the exercise or performance of a function under Part 5 (section 99AA(1)), but this does not affect any liability the Territory would otherwise have (section 99AA(2)). The validation provisions in Division 12 retrospectively validate enforcement orders that may not have been made in compliance with the Act and enforcement action taken under Division 7 that should have been taken by the Registrar on request rather than by the Unit itself (sections 99A, 99B), potentially defeating any challenge that might otherwise have been available.

To minimise the risk of enforcement action, a person who receives an infringement notice should pay the penalty within the period specified in the notice or within any further time allowed (section 13). If payment is not possible within the initial period, the person should apply to the enforcement agency for further time to pay under section 12A before a penalty enforcement order is made. The application must be made at any time before a penalty enforcement order is made (section 12A(2)). The enforcement agency may require information or documents including relating to identity and financial means (section 12A(3)). If a courtesy letter is issued, the person should pay the penalty together with the prescribed costs by the due date specified in the letter (28 days after the date of issue: section 16(2)), because the time for payment is extended to that date but enforcement action may follow if payment is not made by then (sections 18, 14). Alternatively, the person may elect to have the matter dealt with by a court by serving a written statement on the enforcement agency, which must be done before the due date if a courtesy letter has been served (section 21(3)). Once a penalty enforcement order is made, the person should pay the amount set out in the order (penalty plus enforcement costs: section 40) by the final date specified in the notice of making (28 days after the date of the notice: section 56). If the person was not aware of the infringement notice or was hindered by accident, illness, misadventure or other cause, they may apply for annulment of the order within 12 months (section 43(2)). The same payment obligations apply to a court-imposed fine: the fine must be paid within 28 days after it is imposed to the Fines Recovery Unit unless the court otherwise directs (section 23). If the person cannot pay within that time, they should apply to the Fines Recovery Unit for further time to pay under section 25. More than one application may be made (section 25(2)). The Unit may require information or documents including relating to identity and financial means (section 25(3)). The decision is final and not appealable (section 25(5)). The person must comply with any arrangement for payment by instalments entered into with the Unit, because default causes the remaining instalments to become due and payable (section 26(3)). If a fine enforcement order is made, the person should pay the amount (fine plus enforcement costs: section 52) by the final date (28 days after the notice: section 56). If the person has lodged an appeal against the conviction or sentence, or applied for a rehearing, they should notify the Fines Recovery Unit, as the Unit must not make a fine enforcement order pending determination of the rehearing or appeal (section 51(1)), and if an order has already been made, must stay enforcement (section 51(2)). If enforcement action progresses to driver licence suspension, the person should pay the outstanding amount to have the suspension lifted (section 64). Similarly, vehicle registration suspension is lifted on payment (section 64). If the person's motor vehicle is immobilised, they should pay all outstanding amounts to have the immobilisation removed before the end of the immobilisation period (section 66F(1)(a)). If the person's name is published on the Fines Recovery Unit website, they should pay all outstanding amounts to have the details removed (section 66N(1)). If a property seizure order is made, a garnishee order is made, or a statutory charge on land is registered, the person should pay the outstanding amount to have the enforcement action cancelled (section 75(1)(a)). If a community work order is made, the person should attend at the specified place within 7 days for assessment of suitability (section 79(1)), participate in the approved project as directed for the required hours (which cannot exceed 480 hours per order: section 80(2)), comply with all reasonable directions, and inform of change of address within 48 hours (section 77A(1)). The person must not work more than 8 hours in any one day unless they consent (section 77A(2)). If the person pays the outstanding balance, the order is satisfied (section 82). If the person cannot perform the work, they should notify the Commissioner of Correctional Services, who may report to the Fines Recovery Unit that the person is not suitable, leading to revocation of the order (section 84(1)). However, revocation may lead to a warrant of commitment to imprisonment for up to 3 months (sections 86, 88). A person who is committed to imprisonment may pay the relevant outstanding amount at any time and must be discharged from custody unless also committed in respect of another matter (section 94). A fine defaulter who is younger than 18 years when all relevant offences were committed or alleged to have been committed cannot be committed to imprisonment under Division 10 (section 86(2)). The Fines Recovery Unit may write off unpaid amounts in accordance with guidelines issued under section 114 (section 96(1)). The Administrator may remit fines, penalties and enforcement costs in whole or in part (section 117). Persons dealing with the authorities under the Act should not give misleading information or documents to an official, as this is an offence carrying up to 200 penalty units or 12 months imprisonment (section 109A). A person who is required by an appropriate officer or an officer of the Fines Recovery Unit to state their full name, date of birth and residential address, and to produce evidence of identity, must comply unless they have a reasonable excuse, as failure is an offence (sections 11, 33). A bailiff executing an order or warrant may similarly demand name and address (section 99). Enforcement agencies should comply with any requirements prescribed by regulation when dealing with applications for further time to pay and have regard to any relevant guidelines under section 114 (section 12A(4)).