FINES AND PENALTIES (RECOVERY) REGULATIONS 2001 (Northern Territory)

These Regulations implement detailed procedural, cost and form rules for recovering fines and other monetary enforcement orders under the Fines and Penalties (Recovery) Act 2001 (the Act). They do not create the primary enforcement powers; rather they prescribe how the Fines Recovery Unit and other authorised officers exercise specific powers in the Act. Key mechanical changes and prescriptions enacted by these Regulations include:

Specifying the Territory laws to which the Act applies (Schedule 1), thereby defining the universe of fines and penalties that may be enforced through the Act (regulation 3).
Defining what monetary amounts may be rolled into an enforcement order, including reasonable search costs for government registers and victims' assistance amounts under other Acts (regulation 4).
Permitting electronic service for several processes, including courtesy letters, elections to have matters heard in court, notices of fines, and a range of notices listed in Schedule 4 (regulations 5, 6, 7(2), 8, 11).
Setting the prescribed charge for service of a courtesy letter at 29 revenue units (regulation 5), and prescribing the enforcement costs payable to the Fines Recovery Unit for specific enforcement actions as set out in Schedule 3 (regulation 10 and Schedule 3).
Requiring the Fines Recovery Unit to have regard to instalment payment guidelines for applications for further time to pay, as set out in Schedule 2, while allowing the Director or Deputy Director to approve departures in “special circumstances” (regulation 9).
Adopting specified provisions of the Local Court (Civil Jurisdiction) Rules 1998, with modifications, for property seizure and garnishee orders (regulations 11B and 11C).
Setting a $1 000 threshold for registration of a statutory charge on land (regulation 12).

NORTHERN TERRITORY OF AUSTRALIA FINES AND PENALTIES (RECOVERY) REGULATIONS 2001 As in force at 10 December 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Infringement notices ........................................................................ 1 4 Amounts included in fine or penalty ................................................. 1 5 Courtesy letter ................................................................................. 1 6 Service of courtesy letter ................................................................. 2 7 Election to have matter dealt with by a court ................................... 2 8 Notification of fine ............................................................................ 2 9 Further time to pay fine .................................................................... 2 10 Enforcement costs ........................................................................... 2 11 Service of notices ............................................................................ 2 11A Amounts for sections 66A and 66L of the Act .................................. 2 11B Property seizure orders ................................................................... 3 11C Garnishee orders ............................................................................. 3 12 Registration of statutory charge on land .......................................... 3 13 Community work order .................................................................... 3 14 Rate for community work order........................................................ 4 15 Rate for imprisonment ..................................................................... 4 16 Ancillary money orders .................................................................... 4 17 Forms .............................................................................................. 4 Schedule 1 Schedule 2 Fines Recovery Unit – payment guidelines Schedule 3 Enforcement costs Schedule 4 Schedule 4A Community work hours Schedule 5 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 December 2024

FINES AND PENALTIES (RECOVERY) REGULATIONS 2001 Regulations under the Fines and Penalties (Recovery) Act 2001 1 Citation These Regulations may be cited as the Fines and Penalties (Recovery) Regulations 2001. 2 Commencement These Regulations come into operation on the commencement of the Fines and Penalties (Recovery) Act 2001. 3 Infringement notices The laws of the Territory in respect of which the Act applies are specified in Schedule 1. 4 Amounts included in fine or penalty (1) For the purposes of section 6(1)(e) and (2)(b) of the Act, the reasonable costs of searching a government register to trace a person are amounts that are included in a fine or penalty payable by the person concerned. (2) For section 6(1)(e) of the Act, a fine includes: (a) an amount payable to the Territory under Part 5 of the Victims of Crime Assistance Act 2006; and (b) an amount payable to the Territory under Part IV of the Crimes (Victims Assistance) Act 1982 (repealed) as continued in force by section 73 of the Victims of Crime Assistance Act 2006. 5 Courtesy letter For the purposes of section 16(1)(a) of the Act, the prescribed amount that may be charged in relation to the service of a courtesy letter is 29 revenue units.

Fines and Penalties (Recovery) Regulations 2001 2 6 Service of courtesy letter A courtesy letter may be served on a person by sending it to the person's email address. 7 Election to have matter dealt with by a court (1) If a person elects under section 21 of the Act to have a matter dealt with by a court, the statement to that effect must provide the person's full name, address and date of birth and contain the following information in respect of each alleged offence to which the election relates: (a) a description of the alleged offence; (b) the date the offence was alleged to have been committed. (2) The statement of election may be served on the body that issued the infringement notice or courtesy letter, as the case may be, by sending it to the body's email address. 8 Notification of fine A notice for the purposes of section 24 of the Act may be served on a person by sending it to the person's email address. 9 Further time to pay fine (1) When dealing with an application for further time to pay a fine, the Fines Recovery Unit must have regard to the guidelines for payment by instalments set out in Schedule 2. (2) The Director or Deputy Director may approve arrangements for repayment that are outside of the guidelines in special circumstances. 10 Enforcement costs The costs payable in respect of enforcement action taken by the Fines Recovery Unit are as specified in Schedule 3. 11 Service of notices A notice specified in Schedule 4 may be served by on a person by sending it to the person's email address. 11A Amounts for sections 66A and 66L of the Act For sections 66A(b) and 66L(b) of the Act, the amount is $10 000.

Fines and Penalties (Recovery) Regulations 2001 3 11B Property seizure orders (1) For section 70 of the Act, the prescribed provisions are Part 44 (except rules 44.02 and 44.05(5)) of the Local Court (Civil Jurisdiction) Rules 1998. (2) Those rules apply (with the necessary changes) as if: (a) the property seizure order were a warrant of seizure and sale; and (b) the Territory were the judgement creditor. 11C Garnishee orders (1) For section 72 of the Act, the prescribed provisions are Parts 48 (except rules 48.02 to 48.05) and 49 (except rules 49.03 and 49.07) of the Local Court (Civil Jurisdiction) Rules 1998. (2) Those rules apply (with the necessary changes) as if: (a) the garnishee order were an attachment of earnings order or an attachment of debts order, as the case may be; and (b) a reference to a court or Registrar were a reference to the Fines Recovery Unit; and (c) a reference to the judgment debtor were a reference to the fine defaulter; and (d) the Territory were the judgement creditor; and (e) a reference to a particular form were a reference to the appropriate approved form; and (f) the Fines Recovery Unit were required to serve the appropriate notices on an employer or a garnishee. 12 Registration of statutory charge on land For the purposes of section 73 of the Act, a statutory charge on land may be registered if the total amount payable exceeds $1 000. 13 Community work order An authorised person who serves a community work order issued under Division 9 of Part 5 of the Act on a fine defaulter must: (a) confirm that the person to be served is the fine defaulter by establishing the person's name and date of birth (or approximate age if date of birth is not known);

Fines and Penalties (Recovery) Regulations 2001 4 (b) explain or cause to be explained, in a language that is likely to be understood by the fine defaulter: (i) where and when the fine defaulter must attend for assessment; and (ii) that if the fine defaulter fails to attend as required a warrant of commitment may be issued and the fine defaulter could be imprisoned; and (c) depose in the affidavit of service to the fact that he or she has complied with the requirements and is satisfied that the fine defaulter understood the explanations given. 14 Rate for community work order (1) A person who performs work under a community work order issued under Division 9 of Part 5 of the Act satisfies the amount payable at the rate of 0.25 of the monetary value of a penalty unit for each hour of work performed. (2) The person ordered to perform community work for a specified number of hours must perform the work within the period specified in Schedule 4A opposite the relevant range of hours to be worked. (3) The period within which the work is to be performed begins on the day the Commissioner of Correctional Services assesses the person to be suitable to participate in an approved program. (4) The Director may approve an extension of the period mentioned in subsection (2) in special circumstances. 15 Rate for imprisonment A person who serves a term of imprisonment pursuant to a warrant issued under Division 10 of Part 5 of the Act satisfies the amount payable at the rate of the monetary value of 2 penalty units per day. 16 Ancillary money orders For the purposes of section 105 of the Act, any order by a court for the payment to the Territory of money (other than by way of a fine or penalty) is an amount to which Part 7 of the Act applies. 17 Forms (1) In this regulation, a reference to a form by number is a reference to the form so numbered in Schedule 5.

Fines and Penalties (Recovery) Regulations 2001 5 (2) Strict compliance with the form specified in Schedule 5 is not necessary and substantial compliance is sufficient. (3) An examination summons issued under section 68 of the Act is to be: (a) in the case of a fine defaulter who is a natural person – in the form of Form 1; and (b) in any other case – in the form of Form 2. (4) A warrant of apprehension issued under section 68(10) of the Act is to be in the form of Form 3. (5) A property seizure order made under section 70 of the Act is to be in the form of Form 4. (6) A garnishee order made under section 72 of the Act is to be: (a) if the order is for the attachment of a debt – in the form of Form 5; and (b) if the order is for the continuous attachment of wages or salary – in the form of Form 6. (7) A community work order made under section 77 of the Act is to be in the form of Form 7. (8) A notice of revocation of a community work order referred to in section 85 of the Act is to be in the form of Form 8. (9) A warrant of commitment for the purposes of section 86 of the Act is to be in the form of Form 9.

Schedule 1 Fines and Penalties (Recovery) Regulations 2001 6 Schedule 1 regulation 3 Agents Licensing Act 1979 Agricultural and Veterinary Chemicals (Control of Use) Act 2004 Animal Protection Act 2018 Bushfires Management Act 2016 Caravan Parks Act 2012 Charles Darwin University Act 2003 Commercial Passenger (Road Transport) Act 1991 Constitutional Convention (Election) Act 2011 Consumer Affairs and Fair Trading Act 1990 Control of Roads Act 1953 Dangerous Goods Act 1998 Darwin Waterfront Corporation Act 2006 Education Act 2015 Education and Care Services (National Uniform Legislation) Act 2011 Electricity Reform Act 2000 Environment Protection Act 2019 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Fire and Emergency Act 1996 Firearms Act 1997 Fisheries Act 1988 Food Act 2004 Hemp Industry Act 2019 Housing Act 1982 Legacy Mines Remediation Act 2023 Liquor Act 2019 Litter Act 1972 Livestock Act 2008 Local Government Act 2019 Marine Act 1981 Marine Pollution Act 1999 Meat Industries Act 1996 Medical Services Act 1982 Medicines, Poisons and Therapeutic Goods Act 2012 Misuse of Drugs Act 1990 Petroleum Act 1984 Planning Act 1999 Plant Health Act 2008 Police Administration Act 1978 Ports Management Act 2015 Public and Environmental Health Act 2011 Racing and Wagering Act 2024 Radiation Protection Act 2004 Residential Tenancies Act 1999 Sex Industry Act 2019

Schedule 1 Fines and Penalties (Recovery) Regulations 2001 7 Summary Offences Act 1923 Territory Parks and Wildlife Conservation Act 1976 Tobacco Control Act 2002 Traffic Act 1987 Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 Waste Management and Pollution Control Act 1998 Water Act 1992 Weeds Management Act 2001 Work Health and Safety (National Uniform Legislation) Act 2011

Schedule 2 Fines Recovery Unit – payment guidelines Fines and Penalties (Recovery) Regulations 2001 8 Schedule 2 Fines Recovery Unit – payment guidelines regulation 9 Amount of fine or penalty ($) Base Payment (weekly) 1 – 100 10% of penalty unit 101 – 180 12% of penalty unit 181 – 280 14% of penalty unit 281 – 400 16% of penalty unit 401 – 540 18% of penalty unit 541 – 700 20% of penalty unit 701 – 880 22% of penalty unit 881 – 1 080 24% of penalty unit 1 081 – 1 300 26% of penalty unit 1 301 – 1 540 28% of penalty unit 1 541 – 1 800 30% of penalty unit 1 801 – 2 080 32% of penalty unit 2 081 – 2 380 34% of penalty unit 2 381 – 2 700 36% of penalty unit 2 701 – 3 040 38% of penalty unit 3 041 – 3 400 40% of penalty unit 3 401 – 3 780 42% of penalty unit 3 781 – 4 180 44% of penalty unit 4 181 – 4 600 46% of penalty unit 4 601 – 5 040 48% of penalty unit 5 041 – 5 500 50% of penalty unit 5 501 – 5 980 52% of penalty unit

Schedule 2 Fines Recovery Unit – payment guidelines Fines and Penalties (Recovery) Regulations 2001 9 Amount of fine or penalty ($) Base Payment (weekly) 5 981 – 6 480 54% of penalty unit 6 481 – 7 000 56% of penalty unit 7 001 – 8 000 64% of penalty unit 8 001 – 9 000 72% of penalty unit 9 001 – 10 000 80% of penalty unit 10 001 – 11 000 88% of penalty unit 11 001 – 12 000 96% of penalty unit 12 001 – 13 000 104% of penalty unit 13 001 – 14 000 112% of penalty unit 14 001 – 15 000 120% of penalty unit 15 001 – 16 000 128% of penalty unit 16 001 – 17 000 136% of penalty unit 17 001 – 18 000 144% of penalty unit 18 001 – 19 000 152% of penalty unit 19 001 – 20 000 160% of penalty unit 20 001 and over 168% of penalty unit

Schedule 2 Fines Recovery Unit – payment guidelines Fines and Penalties (Recovery) Regulations 2001 10 Schedule 3 Enforcement costs regulation 10 Item No. Enforcement Action Amount (revenue units) 1 Making of a penalty enforcement order 67 2 Making of a fine enforcement order 67 3 Action taken under Part 5, Division 7 of the Act 67 4 Immobilisation of a motor vehicle under Part 5, Division 7A of the Act 148 5 Publication of details under Part 5, Division 7B of the Act 67 6 Making of a property seizure order 67 7 Making of a garnishee order 67 8 Action taken by a bailiff under Part 5, Division 8 of the Act 67 9 Registration of a statutory charge on land 124 10 Making and service of a community work order (other than by a bailiff) 148 11 Making of a community work order to be served by a bailiff 148 12 Service of a community work order by a bailiff 67 13 Issue of a warrant of commitment 67

Schedule 4 Fines and Penalties (Recovery) Regulations 2001 11 Schedule 4 regulation 11 Courtesy letter Election by alleged offender to have matter dealt with by a court Notice of determination of an application for annulment of an enforcement order Notice of a fine imposed by a court Notice of the making of an enforcement order Notice of withdrawal of an enforcement order Notice of revocation of a community work order

Schedule 4A Community work hours Fines and Penalties (Recovery) Regulations 2001 12 Schedule 4A Community work hours regulation 14 Community Work Hours Ordered Months to Complete 50 or less 3 51 – 125 6 126 – 300 12 301 – 375 18 376 – 480 24

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 13 Schedule 5 regulation 17 FORM 1 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Examination Summons – Individual Fines and Penalties (Recovery) Act 2001 section 68(2) regulation 17(3)(a) Name: Address: Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: You are required to attend before the Fines Recovery Unit to be orally examined as to your financial circumstances generally and your means and ability to satisfy the enforcement order(s) made against you. You are required to produce the following documents to the Fines Recovery Unit at the examination: You must attend at the Fines Recovery Unit at [place] for the hearing of the examination on __________________ at _____________ a.m./p.m. or as soon afterwards as the business of the Unit allows. Date issued: ____________________

DIRECTOR FINES RECOVERY UNIT NOTE: If you do not attend at the Unit as directed by this summons, the Director may issue a warrant for your arrest. Do not ignore this summons. If you do not understand it or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 14 AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _______ Fine Defaulter: _________________________________________________ Type of Process Served: Examination Summons (Individual) Name of Deponent: _____________________________________________ Date affidavit made: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve ________________________________________________________, the fine defaulter, with this examination summons by delivering a true copy of the examination summons personally to the fine defaulter at ______________

I identified the fine defaulter as follows:

_____________________________________________________________. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature ______________________________________ Justice of the peace / commissioner for oaths Name ______________________________________ Address or phone no. ______________________________________

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 15 FINANCIAL STATEMENT – INDIVIDUAL Name: Address: Date of Birth: Drivers Licence No. Reference No. Marital Status: DEPENDANTS Name Age Name Age DECLARATION I do solemnly and sincerely declare that the following information and annexures (if any) are true and correct. Declared at (place): on (date): Signed: ____________________________________________ NOTE: A person knowingly making a false or misleading statement to the Fines Recovery Unit is liable to a penalty of 200 penalty units, being the equivalent of $(monetary amount) or imprisonment for 12 months. See section 109A of the Act. This document does not have to be witnessed. Attach original or certified copies of documents in support of your income and expenditure.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 16 FINANCIAL INFORMATION

AMOUNT AND SOURCE OF INCOME (Indicate weekly/fortnightly etc.) 1.1 Occupation: 1.2 If employed – name of employer: 1.3 Address of employer: 1.4 Wage before tax: 1.5 If not employed – type of benefit received: 1.6 Amount of benefit received: 1.7 Other income received: (eg. royalties, airfares) 1.8 TOTAL INCOME RECEIVED:
PROPERTY AND ASSETS 2.1 House and / or land – location: 2.2 Market value: 2.3 Amount of mortgage (if any): 2.4 Where mortgage held (bank, building society, credit union etc.): 2.5 Mortgage Account No.: 2.6 Motor Vehicle (model, make and year): 2.7 Value: 2.8 Amount owing under finance: 2.9 Finance Company: 2.10 Bank, building society, credit union etc. accounts (who with): 2.11 Account Number(s): 2.12 Branch: 2.13 Account Balance: 2.14 Shares or bonds held – value: 2.15 Type of shares (eg. Telstra): 2.16 Money owed to you – amount: 2.17 Who owes you money: 2.18 Furniture and household goods: List and value items: 2.19 Total Value of household goods:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 17 2.20 Amount owing for household goods to finance company etc.: 2.21 Life Insurance Policies: 2.22 Policy details: 2.23 TOTAL PROPERTY & ASSETS DEBTS AND LIABILITIES (Indicate weekly/fortnightly etc.) 3.1 Income Tax: 3.2 Superannuation: 3.3 Rent / Mortgage / Board payment: 3.4 Local Government Rates: 3.5 Water Rates: 3.6 Child Care: 3.7 Child Support Payments: 3.8 Electricity / Gas: 3.9 Food: 3.10 Motor vehicle expenses: 3.11 Fares – Bus / Taxi: 3.12 Telephone: 3.13 School fees and expenses: 3.14 Clothing and shoes: 3.15 Medical / Chemist expenses: 3.16 Credit card repayments: 3.17 Personal loan repayments: 3.18 Other: 3.19 TOTAL DEBTS & LIABILITIES OTHER CIRCUMSTANCES Identify each asset referred to in paragraph 2 that is owned jointly, and give the name of the other owner or owners:

Identify each debt referred to in paragraph 3 that is due jointly, and give the name of the other debtor or debtors:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 18 Give particulars of any other circumstances that affect your financial situation:

Do not ignore this notice. If you do not understand this notice or need help contact the Fines Recovery Unit on (08) 8924 3600.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 19 FORM 2 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Examination Summons – Body Corporate Fines and Penalties (Recovery) Act 2001 section 68(2) regulation 17(3)(b) Name: Address: Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: You or an authorised representative of the fine defaulter corporation are required to attend before the Fines Recovery Unit to be orally examined as to the corporation's financial circumstances, means and ability to satisfy the enforcement order(s) made against the corporation. You or the authorised representative are required to produce the following documents to the Fines Recovery Unit at the examination: You or the authorised representative must attend at the Fines [place] for the hearing of the examination on __________________ at _____________ a.m./p.m. or as soon afterwards as the business of the Unit allows. Date issued: ____________________

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 20 AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _______ Fine Defaulter: ________________________________________________ Type of Process Served: Examination Summons (Body Corporate) Name of Deponent: _____________________________________________ Date affidavit made: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve ________________________________________________________, an authorised representative of the fine defaulter corporation with this examination summons by delivering a true copy of the examination summons personally to the authorised representative at

I identified the person served as follows:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 21 FORM 3 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Warrant of Apprehension Fines and Penalties (Recovery) Act 2001 section 68(10) regulation 17(4) TO THE BAILIFF: Name: Address: Date of Birth: Amount Owing: Costs of this Order: TOTAL OWING: The fine defaulter identified above has failed to attend before the Fines Recovery Unit at the time and place appointed by the summons issued on _________________ to be examined in relation to the fine defaulter’s financial circumstances. I authorise you to apprehend the fine defaulter and to bring him or her before the Director of the Fines Recovery Unit or a registrar of the Local Court. Issued at Darwin in the Northern Territory on the ____________________

DIRECTOR FINES RECOVERY UNIT BAILIFF RECORD Fine defaulter apprehended on and taken to the Fines Recovery Unit. Warrant returned on Fine defaulter not located/Paid In Full/Other: Signed: BAILIFF.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 22 FORM 4 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Property Seizure Order Fines and Penalties (Recovery) Act 2001 section 70 regulation 17(5) TO THE BAILIFF: YOU ARE AUTHORISED to enforce this order by seizing and selling personal property of the fine defaulter sufficient to pay the money owing to the Fines Recovery Unit in respect of the order. Fine Defaulter Name: Address: Date of Birth Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: From the proceeds raised by the sale of the fine defaulter's property you must pay into the Fines Recovery Unit the money owing in respect of the order except the amount for your fees and expenses for executing this order. If you attempt to execute under this order but are unable to do so, you must endorse on the order a statement of the dates, times, places and results of those attempts. Immediately after you have performed all your obligations under this order you must endorse on the order a statement of the date, time and place you executed the order and the results of the execution, including how the proceeds of the sale are to be distributed. Issued at Darwin in the Northern Territory Date: ___________________

DIRECTOR FINES RECOVERY UNIT

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 23 THIS ORDER IS VALID FOR A PERIOD OF 12 MONTHS FROM DATE OF ISSUE BAILIFF FIELD REPORT Bailiff: _____________________ Date received by Bailiff: _______________ Order not executed – details of attempt(s). Date Time Place Result Order executed Date Time Place Result How Proceeds distributed I certify that this is a true and accurate record of action taken on this order.

(Bailiff)

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 24 FORM 5 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Garnishee Order – Attachment of Debt Fines and Penalties (Recovery) Act 2001 section 72(1)(a) regulation 17(6)(a) Name: Address: Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: TO THE GARNISHEE: At: The Fines Recovery Unit has issued the above enforcement order(s) against the above fine defaulter. The fine defaulter has failed to comply with the order(s) and $_____________ remains outstanding. THE FINES RECOVERY UNIT ORDERS THAT:

The Garnishee immediately pays to the Fines Recovery Unit – (a) the sum of $__________ from the debt(s) due from the garnishee to the fine defaulter; or (b) if the amount of the debt(s) due from the garnishee to the fine defaulter is not sufficient to satisfy the order in full – the whole amount that is due to the fine defaulter.
In default of payment action may be taken against the garnishee. Issued at Darwin in the Northern Territory On the __________________

DIRECTOR FINES RECOVERY UNIT Do not ignore this notice. If you do not understand this notice or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 25 AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _____________ Fine Defaulter: _________________________________________________ Type of process served: Garnishee Order (Debt due) Name of Deponent:_____________________________________________ Date affidavit made: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve _________________________________________________________, the fine defaulter, with this garnishee order by delivering a true copy of the order personally to the fine defaulter at ___________________________________

I identified the fine defaulter as follows:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 26 AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _____________ Garnishee: ____________________________________________________ Type of process served: Garnishee Order (Debt due) Name of Deponent: _____________________________________________ Date Sworn/Affirmed: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve ________________________________________________________, the garnishee, with this garnishee order by delivering a true copy of the order personally to the garnishee/to a person in the employ of the garnishee/to the registered office of the garnishee* at ________________________________

I identified the garnishee/person in the employ of the garnishee as follows:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 27 FORM 6 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Garnishee Order – Continuous Attachment of Wages or Salary Fines and Penalties (Recovery) Act 2001 section 72(1)(b) regulation 17(6)(b) Name: Address: Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: To the EMPLOYER: At: The Fines Recovery Unit has issued the above enforcement order(s) against the above fine defaulter. The fine defaulter is employed by you/your organisation and is a person to whom earnings are payable or are likely to become payable by you/your organisation. THE FINES RECOVERY UNIT ORDERS THAT:

The employer must, for the purpose of securing payment of the outstanding enforcement orders, while the fine defaulter is employed by that employer, or until this order ceases to have effect, make deductions out of the net earnings of the fine defaulter.
- The protected earnings are 80% of the net earnings in respect of each payday.
- The appropriate deduction is $________/_______% of the net earnings in respect of each payday.
Subject to paragraph 6, on each pay-day that the net earnings are in excess of the protected earnings specified in paragraph 2, the employer may first pay to himself or herself, out of that excess, $(monetary amount) for the administrative costs of complying with this order.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 28 5. Subject to paragraph 6, following payment of the administrative costs in accordance with paragraph 4, the employer must pay to the Fines Recovery Unit, out of the remaining excess, the appropriate deduction specified in paragraph 3. 6. If on a pay-day the amount of net earnings in excess of the protected earnings is insufficient to allow for payment in full of the administrative costs or appropriate deduction, on that pay-day the employer may first pay as much as the excess allows towards the administrative costs, must then pay as much as the excess allows towards the appropriate deduction, and must pay the deficit in accordance with paragraph 7. 7. If on a pay-day, after payment of the administrative costs and appropriate deduction in full, the net earnings remain in excess of the protected earnings, the employer must pay from that excess as much of the total deficit from previous pay-days as the excess allows, first towards the outstanding administrative costs and then towards the outstanding appropriate deductions. Issued at Darwin in the Northern Territory On the __________________

DIRECTOR FINES RECOVERY UNIT

Delete if inapplicable NOTE: A Garnishee order comes into force at the end of 7 days after the day on which the order is served on the employer. NOTE: If the employer wilfully fails to comply with the garnishee order, the Fines Recovery Unit may apply to the Local Court to have the order enforced against the employer. Do not ignore this notice. If you do not understand this notice or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office. NOTICE TO EMPLOYER The garnishee order served with this notice requires you to deduct from the net earnings payable to the fine defaulter as your employee, on each pay-day until the order is discharged or suspended, the amount referred to in the order as the appropriate deduction, and to pay that amount to the Fines Recovery Unit.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 29 EARNINGS AND DEDUCTIONS earnings means money payable to a fine defaulter by way of: (a) wages or salary, including fees, bonuses, commission, pay in lieu of leave or retirement benefit, overtime pay or other profits arising from the fine defaulter’s office or employment; or (b) a pension, including: (i) an annuity for past services whether or not the services were rendered to the person paying the annuity; and (ii) periodic payments of compensation for the loss, abolition or relinquishment of, or a reduction in profits arising from, an office or employment, but does not include a pension under the Social Security Act 1991 of the Commonwealth or the Veterans' Entitlements Act 1986 of the Commonwealth; net earnings means the earnings payable to a fine defaulter on a pay-day after the deduction of: (a) tax instalments under the Income Tax Assessment Act 1936 of the Commonwealth; and (b) superannuation contributions under the Superannuation Act 1986 of the Commonwealth; appropriate deduction means the amount that the Fines Recovery Unit considers to be: (a) a reasonable deduction from the net earnings; and (b) not more than is necessary to pay the amount owing within a reasonable time after an attachment of earnings order is made. protected earnings means the amount of the net earnings below which the Fines Recovery Unit considers it unreasonable for the earnings to be reduced by a payment to the Fines Recovery Unit, having regard to the resources and needs of the fine defaulter and of any other person for whom the fine defaulter provides or reasonably may provide. NOTICE TO EMPLOYER You are required to give the fine defaulter a notice specifying particulars of the payments made by you under the garnishee order, including the payment for your administrative costs in respect of the order. NOTICE IF YOU ARE NOT THE EMPLOYER You must promptly advise the Director of the Fines Recovery Unit: (a) if you are not the employer of the fine defaulter; or

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 30 (b) if you are now the employer of the fine defaulter but later cease to employ the fine defaulter – after you cease to be the employer. EMPLOYEE NOT TO BE DISMISSED OR PREJUDICED A person who dismisses an employee, injures an employee in his or her employment or alters an employee's position to his or her prejudice because a garnishee order has been made, or because the person is required to make payments under the order in relation to the employee, may be dealt with as for contempt of court. Dated:

DIRECTOR FINES RECOVERY UNIT Do not ignore this notice. If you do not understand this notice or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office. AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _____________ Fine Defaulter:_________________________________________________ Type of process served: Garnishee Order (Attachment of wages or salary) Name of Deponent: ____________________________________________ Date affidavit made: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 31 serve ________________________________________________________, the fine defaulter, with this garnishee order by delivering a true copy of the order personally to the fine defaulter at

I identified the fine defaulter as follows:

Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature ______________________________________ Justice of the peace / commissioner for oaths Name ______________________________________ Address or phone no. ______________________________________ AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _____________ Employer: ____________________________________________________ Type of process served: Garnishee Order (Attachment of wages or salary) Name of Deponent: ____________________________________________ Date Sworn/Affirmed: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve ________________________________________________________, the employer, with this garnishee order by delivering a true copy of the order personally to the employer/to a person in the employ of the employer/to the registered office of the employer* at _________________________________

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 32 I identified the employer/person in the employ of the employer as follows:

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 33 FORM 7 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Community Work Order Fines and Penalties (Recovery) Act 2001 section 77 regulation 17(7) Name: Address: Date of Birth: Reference Number: Date of Order: Amount Owing: Costs of this Order: TOTAL OWING: HOURS OF WORK TO BE PERFORMED: The enforcement order referred to above, made in relation to you, has not been satisfied and I believe that enforcement action under Division 8 of the Act will not be effective in satisfying the order. I now order you to attend at ______________________________________, within 7 days of being served with this order to be assessed by the Commissioner of Correctional Services as to your suitability to participate in an approved project to work off the outstanding amount. If you are assessed as suitable to participate, you will be provided with details of the work you are to perform and your obligations under this order. Community work reduces the amount owing at the rate of the monetary value of 2 penalty units, being the equivalent of $(monetary value), for each 8 hours of work performed. You may choose to pay part of the amount owing at any stage and your work hours will be reduced accordingly. If you pay the outstanding amount in full, you will not be required to perform any community work.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 34 If you fail to attend at the specified place, or fail to comply with your obligations under this order, the order will be revoked and a warrant may issue for your arrest. If you cannot pay the full amount outstanding, you will serve a day in custody for every $(monetary amount), being the equivalent of 2 penalty units, owed (or part thereof). Date issued: ____________________

DIRECTOR, FINES RECOVERY UNIT Do not ignore this order. If you do not understand it or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office. AFFIDAVIT OF SERVICE Fines Recovery Unit Reference Number: _____________ Fine Defaulter: _________________________________________________ Type of Process Served: Community work order Name of Deponent: _____________________________________________ Date affidavit made: ______________________ I, (full name) of (address) say on oath that I did at _ _ : _ _ a.m./p.m. on the _ _ / _ _ / _ _ serve the fine defaulter ______________________________________ with this community work order by delivering a true copy of the community work order personally to the fine defaulter at __________________________

I identified the fine defaulter as follows:

I: (a) confirmed the fine defaulter's name and date of birth/approximate age; and

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 35 (b) explained/caused to be explained to the fine defaulter in language where and when he/she must attend for assessment, and that if he/she fails to attend he/she may be arrested and taken into the custody of the Commissioner of Correctional Services, and I am satisfied that he/she understood the explanations given. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature ______________________________________ Justice of the peace / commissioner for oaths Name ______________________________________ Address or phone no. ______________________________________

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 36 FORM 8 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Revocation of Community Work Order Fines and Penalties (Recovery) Act 2001 section 85 regulation 17(8) Name: Address: Date of Birth: Reference Number: Date of Community Work Order: You are advised that the community work order made in relation to you on ________________ has been revoked. You must contact the Fines Recovery Unit within 14 days of the date of this notice or a warrant may be issued for your arrest. If you cannot pay the full amount outstanding, upon arrest you will serve a day in custody for every $(monetary amount), being the equivalent of 2 penalty units, owed (or part thereof). Date issued: ____________________

DIRECTOR FINES RECOVERY UNIT NOTE: If you do not contact the Fines Recovery Unit within 14 days of the date of issue of this notice, the Director may issue a warrant for your arrest. Do not ignore this order. If you do not understand it or need help contact the Fines Recovery Unit, a legal practitioner or your local legal aid office.

Schedule 5 Fines and Penalties (Recovery) Regulations 2001 37 FORM 9 NORTHERN TERRITORY OF AUSTRALIA FINES RECOVERY UNIT Warrant of Commitment Fines and Penalties (Recovery) Act 2001 section 86 regulation 17(9) TO: ALL NORTHERN TERRITORY POLICE OFFICERS and THE COMMISSIONER OF CORRECTIONAL SERVICES Name: Address: Date of Birth: Enforcement Order: Date of Order: Amount Owing: Costs of this Warrant: TOTAL OWING: PERIOD OF IMPRISONMENT: The above fine defaulter having had a community work order revoked under Part 5 of Division 9 of the Fines and Penalties (Recovery) Act and the amount of $ _______________ being still outstanding – Northern Territory Police Officers are ordered to convey the fine defaulter to the nearest custodial correctional facility and deliver the fine defaulter to the General Manager of the facility; and The Commissioner of Correctional Services must receive the fine defaulter into the Commissioner's custody and keep the fine defaulter for the period of _____________ days unless the relevant outstanding amount is sooner paid. Issued at Darwin in the Northern Territory On the: ____________________

DIRECTOR, FINES RECOVERY UNIT PAYMENT ENDORSEMENT Date of Payment: Amount: Receipt No.: Signature: Money to Fines Recovery Unit on:

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 38 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Fines and Penalties (Recovery) Regulations (SL No. 54, 2001) Notified 19 December 2001 Commenced 1 January 2002 (r 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3) Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3) Fines and Penalties (Recovery) Amendment Regulations 2005 (SL No. 18, 2005) Notified 31 May 2005 Commenced 31 May 2005 Fines and Penalties (Recovery) Amendment (Agvet Chemicals Act) Regulations 2005 (SL No. 19, 2005) Notified 31 May 2005 Commenced 31 May 2005 Fines and Penalties (Recovery) Amendment Regulations (No. 2) 2005 (SL No. 46, 2005) Notified 9 November 2005 Commenced 9 November 2005 Fines and Penalties (Recovery) Amendment (Liquor Act) Regulations 2006 (SL No. 20, 2006) Notified 14 June 2006 Commenced 14 June 2006 Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006) Notified 8 November 2006 Commenced 8 November 2006

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 39 Fines and Penalties (Recovery) Amendment (Weeds Management) Regulations 2006 (SL No. 42, 2006) Notified 20 December 2006 Commenced 20 December 2006 Fines and Penalties (Recovery) Amendment (Territory Parks and Wildlife Conservation) Regulations 2006 (SL No. 43, 2006) Notified 20 December 2006 Commenced 20 December 2006 Fines and Penalties (Recovery) Amendment (Radiation Protection) Regulations 2007 (SL No. 18, 2007) Notified 1 August 2007 Commenced 1 August 2007 Fines and Penalties (Recovery) Amendment (Business Names) Regulations 2007 (SL No. 26, 2007) Notified 22 August 2007 Commenced 22 August 2007 Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz S29, 25 June 2008) Justice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008) Assent date 17 October 2008 Commenced pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2) Livestock Act 2008 (Act No. 36, 2008) Assent date 8 December 2008 Commenced 1 September 2009 (Gaz G34, 26 August 2009, p 3) Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Fines and Penalties (Recovery) Amendment (Darwin Waterfront Corporation) Regulations 2010 (SL No. 16, 2010) Notified 28 July 2010 Commenced 28 July 2010 Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (Act No. 32, 2010) Assent date 9 September 2010 Commenced 31 March 2011 (Gaz G13, 30 March 2011, p 14) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Fines and Penalties (Recovery) Amendment (Environment Protection) Regulations 2011 (SL No. 8, 2011) Notified 13 April 2011 Commenced 13 April 2011

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 40 Fines and Penalties (Recovery) Amendment (Plant Health) Regulations 2011 (SL No. 16, 2011) Notified 18 May 2011 Commenced 18 May 2011 Fines and Penalties (Recovery) Amendment (Control of Roads) Regulations 2011 (SL No. 17, 2011) Notified 18 May 2011 Commenced 18 May 2011 Fines and Penalties (Recovery) Amendment (Education) Regulations 2011 (SL No. 18, 2011) Notified 18 May 2011 Commenced 18 May 2011 Work Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act No. 38, 2011) Assent date 14 December 2011 Commenced 1 January 2012 (Gaz S78, 30 December 2011) Constitutional Convention (Election) Act 2011 (Act No. 41, 2011) Assent date 21 December 2011 Commenced 21 December 2011 Fines and Penalties (Recovery) and Other Legislation Amendment Act 2011 (Act No. 43, 2011) Assent date 21 December 2011 Commenced 1 March 2012 (Gaz S9, 21 February 2011) Fines and Penalties (Recovery) Amendment (Housing) Regulations 2012 (SL No. 9, 2012) Notified 28 March 2012 Commenced 28 March 2012 Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8, 2012) Assent date 27 April 2012 Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891: 19 April 2012) ; rem: 27 April 2012 (s 2) Fines and Penalties (Recovery) Amendment (Mining Management) Regulations 2012 (SL No. 23, 2012) Notified 28 June 2012 Commenced 28 June 2012 Fines and Penalties (Recovery) Amendment (Caravan Parks) Regulations 2012 (SL No. 29, 2012) Notified 3 August 2012 Commenced 3 August 2012 Fines and Penalties (Recovery) Amendment (Firearms) Regulations 2013 (SL No. 2, 2013) Notified 20 March 2013 Commenced 20 March 2013

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 41 Fees and Charges (Attorney-General and Justice Portfolio) Amendment Regulations 2013 (SL No. 27, 2013) Notified 28 June 2013 Commenced 1 July 2013 (r 2) Fines and Penalties (Recovery) Amendment (Charles Darwin University Site and Traffic By-laws) Regulations 2013 (No. 43, 2013) Notified 19 December 2013 Commenced 19 December 2013 Fines and Penalties (Recovery) Amendment Regulations 2014 (No. 9, 2014) Notified 16 April 2014 Commenced r 4(1):1 May 2014 (r 2(1), r 2 Medicines, Poisons and Therapeutic Goods Regulations (SL No. 10, 2014), s 2 Medicines, Poisons and Therapeutic Goods Act 2012 (Act No. 13, 2012) and Gaz S22, 30 April 2014, p 12); r 4(2): 1 July 2014 (r 2(2) and r 2 Public and Environmental Health Regulations) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Marine (General) Amendment Regulations 2015 (No. 5, 2015) Notified 1 May 2015 Commenced 1 May 2015 Fines and Penalties (Recovery) Amendment Act 2015 (Act No. 24, 2015) Assent date 18 September 2015 Commenced 6 October 2015 (Gaz S100, 6 October 2015) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S, 29 April 2016) Fines and Penalties (Recovery) Amendment Regulations 2016 (No. 25, 2016) Notified 20 May 2016 Commenced 20 May 2016 Bushfires Management Act 2016 (Act No. 14, 2016) Assent date 7 June 2016 Commenced 1 November 2016 (Gaz S111, 27 October 2016, p 1) Statute Law Revision Act 2017 (Act No. 4, 2017) Assent date 10 March 2017 Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 42 Animal Protection Act 2018 (Act No. 25, 2018) Assent date 22 November 2018 Commenced 2021 (Gaz , 2020, p ) Amending Legislation Animal Protection Amendment Act 2022 (Act No. 19, 2022) Assent date 12 September 2022 Commenced 13 September 2022 (s 2) Water Legislation Amendment Act 2018 (Act No. 29, 2018) Assent date 4 December 2018 Commenced 31 December 2018 (Gaz S107, 17 December 2018) Fines and Penalties (Recovery) Amendment Regulations 2019 (No. 1, 2019) Notified 6 March 2019 Commenced 6 March 2019 Liquor Act 2019 (Act No. 29, 2019) Assent date 3 September 2019 Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2) Environment Protection Act 2019 (Act No. 31, 2019) Assent date 9 October 2019 Commenced 28 June 2020 (Gaz G17, 29 April 2020, p 2) Amending Legislation Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019 (s 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Sex Industry Act 2019 (Act No. 40, 2019) Assent date 13 December 2019 Commenced 12 June 2020 (Gaz S35, 11 June 2020) Fines and Penalties (Recovery) Amendment Regulations 2020 (No. 25, 2020) Notified 31 July 2020 Commenced 31 July 2020 (r 2, s 2 Planning Amendment Act 2020 (Act No. 19, 2020) and Gaz G30, 29 July 2020, p 1)

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 43 Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Police Legislation Further Amendment Act 2023 (Act No. 18, 2023) Assent date 17 August 2023 Commenced 21 September 2023 (Gaz S67, 20 September 2023) Legacy Mines Remediation Act 2023 (Act No. 35, 2023) Assent date 6 December 2023 Commenced 1 July 2024 (Gaz G10, 9 May 2024, p 1) Racing and Wagering Act 2024 (Act No. 8, 2024) Assent date 9 April 2024 Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 1) Fines and Penalties (Recovery) Legislation Amendment Act 2024 (Act No. 23, 2024) Assent date 9 December 2024 Commenced 10 December 2024 (s 2 and s 2 Fines and Penalties (Recovery) Amendment (Validation) Act 2024 (Act No. 22, 2024) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 11B and 11C and Sch 1 and 5. 4 LIST OF AMENDMENTS r 4 amd Act No. 27, 2008, s 26 r 5 amd No. 36, 2006, r 3; No. 27, 2013, r 11 r 6 sub Act No. 23, 2024, s 28 r 7 amd Act No. 23, 2024, s 29 r 8 amd Act No. 9, 2016, 105 sub Act No. 23, 2024, s 30 r 11 sub Act No. 23, 2024, s 31 r 11A ins Act No. 24, 2015, s 25 rr 11B – 11C ins Act No. 9, 2016, 106 amd Act No. 4, 2017, s 34 r 13 amd Act No. 24, 2015, s 26 r 14 amd Act No. 43, 2011, s 30; No. 25, 2016, r 3 r 15 amd Act No. 43, 2011, s 31 sch 1 amd No. 18, 2005, r 3; No. 19, 2005, r 3; No. 46, 2005, r 3; No. 20, 2006, r 3; No. 42, 2006, r 3; No. 43, 2006, r 3; No. 18, 2007, r 3; No. 26, 2007, r 3; Act No. 30, 2007, s 59; Act No. 36, 2008, s 151; No. 16, 2010, r 3; Act No. 32, 2010, s 155; No. 8, 2011, r 3; No. 16, 2011, r 3; No. 17, 2011, r 3; No. 18, 2011, r 3; Act No. 38, 2011, s 31; Act No. 41, 2011, s 201; No. 9, 2012, r 3; Act No. 8, 2012, s 30; No. 23, 2012, r 3; No. 29, 2012, r 3; No. 2, 2013, r 3; No. 43, 2013, r 3; No. 9, 2014, r 4(1); No. 9, 2014, r 4(2); No. 5, 2015, r 11; No. 25, 2016, r 4; Act No. 14, 2016, s 120; Act No. 29, 2018, s 63; No. 1, 2019, r 4; Act No. 29, 2019, s 348; Act No. 40, 2019, s 36; Act No. 31, 2019, s 333; No. 25, 2020, r 4; Act No. 39, 2019, s 370; Act No. 25, 2018, s 130;

ENDNOTES Fines and Penalties (Recovery) Regulations 2001 44 Act No. 4, 2023, s 13; Act No. 18, 2023, s 18; Act No. 35, 2023, s 35; Act No. 8, 2024, s 324 sch 2 sub No. 25, 2016, r 5 sch 3 amd No. 36, 2006, r 4; No. 34, 2009, r 10; No. 27, 2013, r 11 sub Act No. 24, 2015, s 27; Act No. 23, 2024, s 32 sch 4A ins No. 25, 2016, r 6 sch 5 amd Act No. 38, 2002, s 7; No. 36, 2006, r 5; Act No. 40, 2010, s 128; Act No. 27, 2014, s 57; Act No. 9, 2016, s 107; No. 25, 2016, rr 7 – 8; Act No. 14, 2016, s 107

1 FINES AND PENALTIES (RECOVERY) REGULATIONS 2001

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 December 2024

The Regulations operate as a procedural and tariff instrument linked directly to the Act. They embed several core concepts that govern enforcement practice.

Scope of application by reference to other laws (regulation 3; Schedule 1). Schedule 1 lists the Territory Acts whose infringement notices and related monetary sanctions may be recovered under the Act. That list is extensive and includes laws ranging from traffic and environment protection to liquor and planning statutes. The effect is that the Act’s enforcement processes and the Regulations’ procedures apply to fines originating under those listed statutes.
“Amounts included in a fine or penalty” (regulation 4). The Regulations define what costs may form part of the total enforcement amount recoverable. Specifically, r 4(1) includes reasonable costs of searching a government register to trace a person; r 4(2) expressly includes amounts payable to the Territory under the Victims of Crime Assistance Act 2006 and the Crimes (Victims Assistance) Act 1982 (as continued) as part of a fine. This concept expands what a “fine” can comprise under the Act (see cross-reference to s 6 of the Act in reg 4).
Electronic service and substantial compliance. The Regulations authorise service by email for numerous notices: courtesy letter (r 6); election to have matter dealt with by a court (r 7(2)); notices for s 24 of the Act (r 8); and a list of notices in Schedule 4 which may be served by email under r 11. For forms, r 17(2) allows substantial rather than strict compliance with the forms in Schedule 5. Together these rules shape procedural efficiency and set the legal parameters for when electronic service is effective and when form defects will not be fatal.
Tariffing enforcement costs and charges. Regulation 5 prescribes the charge for a courtesy letter at 29 revenue units. Schedule 3 lists enforcement actions and their cost in revenue units, for example 67 revenue units for making a fine enforcement order, 148 revenue units for vehicle immobilisation or making/serving a community work order in some circumstances, and 124 revenue units for registration of a statutory charge on land. Regulation 11A fixes a concrete dollar figure for certain Act sections , $10 000 for sections 66A(b) and 66L(b) of the Act , embedding substantive monetary thresholds in the Regulations.
Instalment and repayment guidelines (Schedule 2 and regulation 9). The Fines Recovery Unit must have regard to the Schedule 2 guidelines when considering further time to pay applications. Schedule 2 sets base weekly payment amounts expressed as a percentage of the monetary value of a penalty unit depending on the total amount owing. The Director or Deputy Director retains discretion to approve arrangements outside these guidelines “in special circumstances” (regulation 9(2)).
Use of court procedural rules for enforcement tools (regulations 11B and 11C). For property seizure (s 70) and garnishee orders (s 72) the Regulations adopt certain Parts of the Local Court (Civil Jurisdiction) Rules 1998, with necessary changes, and treat the Territory as the judgment creditor and the Fines Recovery Unit performing functions otherwise performed by the court or Registrar. That approach imports existing civil-procedure mechanics into administrative enforcement.
Alternatives to monetary payment: community work and custody (regulations 13-15 and Schedule 4A). Regulation 14 sets the conversion rate for community work (0.25 of a penalty unit per hour) and fixes timeframes for completing ordered hours in Schedule 4A. Regulation 15 sets the rate for imprisonment as the monetary value of 2 penalty units per day. Regulation 13 mandates identification, explanation in an understandable language and an affidavit of service when community work orders are served.
Formality and evidentiary mechanics. Regulation 17 prescribes specific forms in Schedule 5 for numerous enforcement processes: examination summons (Forms 1 and 2), warrant of apprehension (Form 3), property seizure order (Form 4), garnishee orders (Forms 5 and 6), community work order (Form 7), revocation notice (Form 8) and warrant of commitment (Form 9). The forms also contain provisions that create process consequences, for example the financial statement form includes a note that a false or misleading statement is an offence under section 109A of the Act.

These concepts together structure the recovery regime in administrative detail: they determine which fines can be pursued, how amounts are calculated, how notices are served and proven, what costs are imposed, how instalments are set and varied, how non-payment can be converted into community work or custody, and how civil-procedure rules are adapted to administrative enforcement. The Regulations embed discretion, notably in the Director or Deputy Director’s ability to approve departures from payment guidelines, and place operational burdens on the Fines Recovery Unit, bailiffs, employers and the fine defaulters themselves.

The Regulations establish duties and entitlements that have direct operational impacts on identifiable groups. The main affected parties are:

Fine defaulters. Individuals and corporations subject to enforcement orders under the Act are the primary payers. They can be charged additional amounts included in the fine (regulation 4), are liable for prescribed enforcement costs (regulation 10 and Schedule 3), may be served by email (regulations 6, 7(2), 8, 11 and Schedule 4), and can be required to attend examinations (Form 1 and Form 2 in Schedule 5) or be ordered to perform community work (regulation 13 and Form 7). Failure to attend assessment or comply with community work can lead to revocation and a warrant of commitment for a custodial term (regulations 13; Form 8; Form 9). Fine defaulters also face potential registration of a statutory charge on land where the total payable exceeds $1 000 (regulation 12).
Employers and garnishees. Regulation 11C and Forms 5 and 6 in Schedule 5 set out obligations for employers and other garnishees. Employers may be required to make deductions from net earnings, remit them to the Fines Recovery Unit and provide pay details to the employee (Form 6). The Garnishee Order provisions create administrative obligations and potential liability for employers who wilfully fail to comply, with the Fines Recovery Unit able to seek Local Court enforcement against employers. Employers are also permitted to retain an administrative cost under certain paragraphs of Form 6, within the procedural constraints set out in that form.
Bailiffs and enforcement contractors. The Regulations prescribe the content and validity periods of property seizure orders and require bailiffs to endorse property seizure orders with details of execution attempts, sale proceeds and fees (Form 4 and related affidavit and bailiff report forms). Schedule 3 fixes fees in revenue units for actions that bailiffs perform, such as making and serving community work orders and executing property seizure orders. Where bailiffs execute orders, their fees and expenses are to be paid from sale proceeds (Form 4).
Fines Recovery Unit and its Director/Deputy Director. The Regulations allocate powers and discretion to the Director and Deputy Director. They must have regard to payment guidelines (regulation 9(1)), may approve departures from guidelines in special circumstances (regulation 9(2)), issue and serve forms in accordance with r 17 and Schedule 5, and are the authority to issue enforcement orders, garnishee orders and warrants (Forms and the Act cross-references). The Fines Recovery Unit is treated in some contexts as standing in the place of the court or Registrar for the practical execution of garnishee or seizure rules when the Local Court rules are applied with necessary changes (regulations 11B and 11C).
Courts and Registrar functions by substitution. Regulations 11B and 11C import Local Court (Civil Jurisdiction) Rules with necessary modifications making references to courts, registrars and judgment creditors read as references to the Fines Recovery Unit and the Territory. That creates a procedural interface between statutory administrative enforcement and civil court rules.
Commissioner of Correctional Services. The Commissioner plays a role in assessing suitability for community work and in receiving persons into custody under warrants of commitment (regulation 14(3), Form 9). The Commissioner’s assessment starts the clock for the period within which community work must be performed (regulation 14(3)).
The Territory. The Regulations expressly incorporate amounts payable to the Territory under victims’ assistance laws into fine totals (regulation 4(2)). The Territory is also the recipient of payments and the nominal judgment creditor in adapted court-rule applications (regulations 11B and 11C).
Third parties with interests in property. The possibility of property seizure, garnishee orders and registration of statutory charges (regulation 12 and Forms 4-6) affects secured creditors and those with equitable interests in land or debts. Registration of a statutory charge is authorised when total payable exceeds $1 000, creating an encumbrance that third parties must address.
Legal advisers, community organisations and interpreters. Practical compliance burdens flow to legal advisers who must draft elections under s 21 of the Act so they comply with r 7(1) content requirements, to community organisations and translators needed when community work orders are explained “in a language likely to be understood” (regulation 13(b)), and to legal aid and advocacy services assisting fine defaulters facing warrants or community work orders.

Distribution of costs. The Regulations allocate explicit monetary liabilities to fine defaulters (enforcement costs, courtesy letter fees, registration fees). Employers bear administrative burdens in garnishee compliance and potential liability for wilful non-compliance. Bailiffs and contractors benefit from statutory fees and retention of fees from proceeds. The Fines Recovery Unit exercises decision-making power that materially affects the pace and mode of enforcement, including approving non-standard repayment arrangements (regulation 9(2)). The Commissioner of Correctional Services and police have defined but narrower operational roles regarding custody and reception of persons under warrants.

The Regulations impose concrete duties and create rights for the principal actors in the enforcement regime. Below are the principal duties and rights, with the relevant regulation citations.

Duties imposed on the Fines Recovery Unit and Director/Deputy Director

Consider and have regard to instalment payment guidelines in Schedule 2 when deciding applications for further time to pay fines (regulation 9(1)). This creates a default decision framework that constrains but does not entirely bind the Unit.
Exercise discretion to approve repayment arrangements outside the guidelines only in “special circumstances” (regulation 9(2)). The Director/Deputy Director have positive authority to depart from the Schedule 2 parameters.
Make enforcement orders and charge enforcement costs as specified in Schedule 3 (regulations 10 and 11A). The Unit must collect these costs and apply the specified tariffs.
Apply Local Court rules when issuing property seizure and garnishee processes, but as adapted to make the Territory the judgment creditor and the Fines Recovery Unit the operative administrative body (regulations 11B and 11C).
Ensure community work orders are served with identification, an explanation (in language likely to be understood) and an affidavit of service deposing to these actions (regulation 13).

Duties on authorised persons serving community work orders

Confirm the identity of the person by establishing name and date of birth or approximate age (regulation 13(a)).
Explain where and when the person must attend for assessment and the consequences of non-attendance, in an understandable language (regulation 13(b)).
Depose in the affidavit of service that these requirements were complied with and that the authorised person was satisfied the fine defaulter understood the explanations (regulation 13(c)).

Duties on fine defaulters

Respond to examination summonses and produce the listed financial documents (Forms 1 and 2, Schedule 5). Failure to attend permits the Director to issue a warrant for arrest (Form 1 and Form 2 language).
Complete a financial statement and support it with documents; false or misleading statements are penalised under section 109A of the Act, with a note in the financial statement form specifying the penalty (Schedule 5).
Attend assessment for community work orders and perform community work within the period specified in Schedule 4A (regulation 14(2) and Schedule 4A).
If a community work order is revoked and the person fails to contact the Unit within 14 days, the Unit may issue a warrant for arrest (Form 8).

Duties on employers and garnishees

On service of a garnishee order for attachment of wages or debts, employers must deduct the appropriate amount from net earnings and remit it to the Fines Recovery Unit as specified (Form 6).
Employers must keep records and provide notices to employees detailing payments made under garnishee orders (Form 6).
If an employer wilfully fails to comply with the garnishee order, the Unit may apply to the Local Court to have the order enforced against the employer (Form 6).

Rights and protections

Substantial compliance with prescribed forms is sufficient; strict compliance is not necessary (regulation 17(2)). This gives administrative discretion to the Unit and some protection from invalidation due to minor form defects.
The Director and the Unit must adhere to the payment guidelines in Schedule 2 when considering instalment applications, providing predictability for applicants (regulation 9(1)). However the Unit retains power to depart in special circumstances, which is a discretion rather than a right of applicants.
Notice by email is permitted for a range of processes (regulations 6, 7(2), 8, 11), which creates the right (from the Territory’s perspective) to serve electronically and the responsibility on recipients to monitor electronic communications.
The forms set required minimum content for an election to go to court: full name, address, date of birth and offence particulars (regulation 7(1)). This operates as a safeguard ensuring that elections are properly informed and traceable.

Monetary duties and conversions

The Regulations set prescribed charges and conversion rates: 29 revenue units for a courtesy letter (regulation 5); Schedule 3 lists revenue-unit amounts for enforcement actions (regulation 10); regulation 11A sets $10 000 for amounts under sections 66A(b) and 66L(b); regulation 12 sets $1 000 as the minimum for registering a statutory charge on land; community work and imprisonment rates are set in regulations 14 and 15.

Procedural duties tied to other laws

For property seizure and garnishee orders the Regulations require application of specified Local Court Rules with necessary changes so the administrative enforcement regime follows established civil-procedure mechanics (regulations 11B, 11C). This creates duties on the Unit to follow adopted rule procedures and creates rights for affected third parties to rely on court-rule protections as adapted.

These duties and rights form the backbone of how enforcement is operationalised: who must act, how notices are to be prepared and proved, what financial liabilities are imposed, what conversion rates exist for non-monetary compliance, the role of courts by adaptation of rules, and the discretion that the Director and Deputy Director retain.

The Regulations allocate enforcement tools, prescribe costs of using those tools and set conversion rates between non-payment and non-monetary sanctions. They do not themselves create new criminal offences beyond those noted in cross-references to the Act and the forms, but they define the administrative mechanics and the monetary consequences of enforcement action.

Enforcement mechanisms

Administrative enforcement orders and fines. The Fines Recovery Unit issues enforcement orders and fine enforcement orders, and Schedule 3 fixes the tariff in revenue units for making those orders (Items 1 and 2, Schedule 3). The Unit may take Part 5 enforcement actions under the Act; the Regulations specify the costs to be charged for those actions (regulation 10).
Property seizure orders. Regulation 11B prescribes application of Part 44 (except rules 44.02 and 44.05(5)) of the Local Court (Civil Jurisdiction) Rules 1998 to property seizure orders, applying those rules with necessary changes and treating a property seizure order as a warrant of seizure and sale with the Territory as judgment creditor.
Garnishee orders and attachment of earnings. Regulation 11C prescribes application of Parts 48 and 49 of the Local Court Rules, with exceptions and necessary changes, to garnishee orders. Form 6 (Schedule 5) provides the operating mechanics for continuous attachment of wages, including definitions of earnings, net earnings, protected earnings and appropriate deductions, and sets out the employer’s role in remitting deductions to the Unit.
Immobilisation and publication. Schedule 3 includes an immobilisation fee for motor vehicles under Part 5 Division 7A and a fee for publication of details under Division 7B (Schedule 3, items 4 and 5), signalling the Unit’s capacity to use physical immobilisation and public naming as enforcement measures.
Registration of statutory charge on land. Regulation 12 allows registration where the total payable exceeds $1 000. Schedule 3 sets a fee for registration (124 revenue units). Registering a statutory charge creates an encumbrance on property that can affect title dealings.
Community work orders and custody. Regulation 14 determines the conversion rate for community work: 0.25 of the monetary value of a penalty unit per hour, and Schedule 4A defines months to complete ranges of hours. If a community work order is revoked and the amount remains outstanding, a warrant of commitment can be issued and custody imposed at the rate of 2 penalty units' monetary value per day (regulation 15 and Form 9).

Monetary penalties and costs

Courtesy letter fee. Regulation 5 prescribes a fee of 29 revenue units for service of a courtesy letter. This amount is added to the payable sum and recovered from the fine defaulter.
Enforcement costs tariffs. Schedule 3 specifies enforcement costs in revenue units for a range of actions. Examples include:
- 67 revenue units for making of a penalty enforcement order, making a fine enforcement order, property seizure orders, garnishee orders and various other actions (Schedule 3 items 1-3, 6-8, 13).
- 148 revenue units for immobilisation of motor vehicles and for making and service of community work orders in certain circumstances (Schedule 3 items 4, 10-11).
- 124 revenue units for registration of a statutory charge on land (Schedule 3 item 9).

Who bears these costs

The Regulations make the enforcement costs payable in respect of enforcement action taken by the Fines Recovery Unit (regulation 10). The obvious consequence is that the fine defaulter is the target to meet these costs; Forms and Schedule 3 consistently treat costs as part of the total owing. Employers can deduct amounts from employee net earnings under a garnishee order and may charge themselves an administrative fee in limited circumstances as per Form 6, but they may be exposed to court enforcement if they wilfully fail to comply.

Procedural enforcement and consequences for non-compliance

Examination summonses (Forms 1 and 2) require attendance and production of financial documents. Non-attendance authorises issuance of a warrant for arrest by the Director (r 17(3), Forms 1 and 2). The warrant of apprehension (Form 3) is used to bring a person before the Director or a Local Court registrar.
Failure to comply with community work orders can result in revocation and a warrant of commitment (Form 8 and Form 9). Form 7 warns that if a person fails assessment or fails to comply, a warrant may be issued, and that custodial days may be imposed at the conversion rate specified in the Regulations.
Employers who wilfully fail to comply with garnishee orders face enforcement by Local Court application by the Fines Recovery Unit (Form 6).

Discretion and enforcement choices

The Regulations give the Director and the Unit operational discretion in modes of enforcement: whether to seek garnishee orders, property seizure, immobilisation, publication, community work, or registration of a statutory charge, subject to the Act’s provisions and the procedural rules incorporated by regulation. The Director also has discretion to approve non-standard instalment arrangements (regulation 9(2)).

Enforcement and legal safeguards

The Regulations invoke Local Court procedural rules for seizure and garnishee mechanisms (regulations 11B and 11C), thus importing procedural safeguards from court rules into administrative enforcement as adapted. The substantial-compliance rule for forms (regulation 17(2)) reduces the risk that minor form defects will invalidate enforcement processes. However, the Regulations also create strict service and explanatory obligations for community work orders (regulation 13), with an affidavit of service required, to ensure the fine defaulter receives notice and understands consequences.

Overall, the Regulations methodically specify enforcement mechanics and financial tariffs, allocate the costs to fine defaulters, impose duties on employers where garnishee orders are used, and provide the Unit with statutory tools including immobilisation, registration on land, and custody conversion following community work revocation.

The Regulations operate almost entirely as a subordinate instrument to the Fines and Penalties (Recovery) Act 2001 and by express cross-reference to a number of other laws and Rules. The interaction points are procedural adoption of court rules, incorporation of monetary amounts from other Acts into fines, and defining the universe of source legislation whose fines are recoverable.

Links to the Act

The Regulations are made under the Act and interpret or operationalise multiple Act provisions. Regulation 4 explicitly references section 6(1)(e) and (2)(b) of the Act when listing amounts included in fines. Regulation 5 references section 16(1)(a) in prescribing the courtesy letter amount. Regulation 7 references section 21 (election to have matter dealt with by a court). Regulation 8 references section 24 (notice of fine). Regulations 11A, 11B, 11C and others directly reference sections 66A, 66L, 70, 72 and 73 of the Act. Regulation 17 implements the forms envisaged by various sections of the Act (for example section 68 for examination summonses, section 70 property seizure orders, section 72 garnishee orders, sections 77, 85 and 86 for community work and warrants of commitment). Those cross-references demonstrate that the Regulations are the Act’s procedural companion , they do not amend substantive Act provisions but give effect to them.

Interaction with other Territory Acts

Schedule 1 lists the Territory Acts in respect of which the Act applies (regulation 3). That list includes an extensive range of statutory regimes, for example the Traffic Act 1987, Environment Protection Act 2019, Liquor Act 2019 and many more. That mechanism means that offences under those statutes that carry infringement notices or fines can be enforced via the Recovery Act processes prescribed in these Regulations. The Schedule has been amended multiple times over the life of the Regulations as laws are enacted or amended (see Endnotes and List of Amendments).

Incorporation of amounts from other Acts

Regulation 4(2) explicitly includes in a fine amounts payable to the Territory under the Victims of Crime Assistance Act 2006 and the earlier Crimes (Victims Assistance) Act 1982 (as continued), meaning that such statutory payments are recoverable as part of enforcement orders under the Act. That cross-reference integrates otherwise separate statutory compensatory obligations into the fines-recovery machinery.

Adoption of Local Court rules

Regulations 11B and 11C adopt Parts of the Local Court (Civil Jurisdiction) Rules 1998 with modifications. For property seizure orders (s 70 of the Act) the prescribed provisions are Part 44 (except rules 44.02 and 44.05(5)) and these rules apply as if the property seizure order were a warrant of seizure and sale and the Territory were the judgment creditor (regulation 11B). For garnishee orders (s 72 of the Act) the prescribed parts are Parts 48 and 49 with certain exceptions, and those rules apply as if the garnishee order were an attachment of earnings or debts order, with the Fines Recovery Unit standing in the place of the court or Registrar and the Territory as judgment creditor (regulation 11C). This imports well-established civil-procedure mechanics into the administration of fines, while explicitly adapting terminology and roles for administrative enforcement.

Interaction with fee and revenue frameworks

The Regulations quantify many fees and costs in revenue units (regulation 5; Schedule 3). The monetary value of a revenue unit and the monetary value of a penalty unit are not fixed in these Regulations; those values are ordinarily defined elsewhere in Territory legislation or instruments. The Regulations therefore rely on cross-referenced monetary units established by other instruments for conversion into dollars when amounts are demanded or recovered.

Interaction with correctional services and police legislation

Community work orders and warrants of commitment interface with correctional services. Regulation 14(3) makes the period to perform community work commence on the day the Commissioner of Correctional Services assesses suitability, and Form 9 (warrant of commitment) instructs police and the Commissioner to convey and receive a fine defaulter into custody for a specified period. Those provisions create operational cross-agency responsibilities.

Limitations and scope

The Regulations do not purport to create new substantive criminal offences; rather they provide the machinery referenced in the Act. Where the Regulations adopt parts of the Local Court Rules, they exclude particular rules as noted, indicating that the interaction is selective and adapted to the administrative context (regulations 11B and 11C).

Amendments and consequential changes

The Endnotes of the Regulations record numerous amendments and consequential changes cross-referencing other Acts and Regulations. The Schedule 1 list of Acts and other provisions has been modified by many amending instruments over time, and several amending Acts are noted in the instrument’s endnotes as having updated the Regulations to reflect new or altered laws. This demonstrates a continuing dependency on the broader statutory architecture.

In short, these Regulations function as a procedural nexus that ties the Act to a broad array of Territory legislation, to Local Court civil-procedure rules, to monetary units established elsewhere, and to operational agencies such as the Fines Recovery Unit, police and correctional services. They prescribe how enforcement under the Act interfaces with other legal instruments.

The Regulations include a formal endnotes section that records both notification, commencement dates and a long list of amending instruments, providing a detailed legislative history. The key historical points and mechanisms of amendment in the text are as follows:

Initial filing and commencement. The Fines and Penalties (Recovery) Regulations 2001 were notified on 19 December 2001 and commenced on 1 January 2002 in connection with the commencement of the Fines and Penalties (Recovery) Act 2001 (see the heading and r 2 references).
Multiple targeted amendment regulations. The Endnotes list many subordinate legislation instruments that have amended the Regulations over time. Examples include:
- Fines and Penalties (Recovery) Amendment Regulations 2005 (No. 18, No. 19, No. 46 of 2005) which impacted Schedule 1 and other operational items (Endnotes list specific SL numbers and dates).
- Amendments arising from substantive Acts such as the Fines and Penalties (Recovery) Amendment Act 2015 (Act No. 24, 2015) which inserted regulation 11A and other consequential changes (see r 11A insertion in List of Amendments).
- Adoption of Local Court rules via consequential amendment in 2016: regulations 11B and 11C were inserted by Act No. 9, 2016 s 106.
Technical and consequential revisions. Several non-substantive or formal amendments have been made by Statute Law Revision Acts and other legislative housekeeping instruments, as recorded in the Endnotes with cross-references to the Interpretation Legislation Amendment Act 2018 and Statute Law Revision Acts of various years.
Specific, theme-based amendments. Some amendments updated Schedule 1 to add or remove Acts which fall within the recovery scheme when new Acts were enacted or existing Acts were reformed. The Endnotes record many such changes across 2005-2024 covering a wide range of Territory legislation such as the Liquor Act 2019, Environment Protection Act 2019, Local Government Act 2019, Sex Industry Act 2019, and more.
Recent amendments and validation. The Regulations were amended contemporaneously with more recent Acts and instruments, including the Fines and Penalties (Recovery) Legislation Amendment Act 2024 (Act No. 23, 2024) and the Fines and Penalties (Recovery) Amendment (Validation) Act 2024 (Act No. 22, 2024) with a commencement date of 10 December 2024 recorded in the Endnotes. Regulation 6 was substituted by Act No. 23, 2024 s 28; regulation 7 was amended by that Act at s 29; and other consequential substitutions of rules are listed in the List of Amendments at the end of the instrument.
Addition of Schedules and forms. Schedule 2 (payment guidelines), Schedule 3 (enforcement costs), Schedule 4A (community work hours) and Schedule 5 (forms) have been inserted, updated or modified over time by the various amending instruments noted in the Endnotes. For example, Schedule 2 was substituted by No. 25, 2016 r 5 and Schedule 4A was inserted by No. 25, 2016 r 6.
Cross-references updated to reflect administrative changes. The List of Amendments shows that several regulations were changed to reflect administrative restructures or changes in other Acts, such as the relocation of responsibilities to the Commissioner of Correctional Services in 2014 and other statutory reorganisations referenced in the Endnotes.

Taken together, the amendment history in the Endnotes demonstrates that the Regulations are frequently updated both by subordinate legislative instruments and by primary Acts that trigger consequential or specific amendments. The history is detailed in the instrument’s endnotes and List of Amendments, which identify dates, SL numbers and Act numbers for each change recorded in the reprint.

The text of these Regulations and the accompanying Endnotes do not record specific judicial determinations or litigation arising under the Regulations. There are no cases named in the instrument, and no judicial commentary reproduced in the Regulations themselves. Therefore the Regulations do not contain a litigation history as such and do not cite decisions that interpret them.

Where litigation might arise, the instrument’s content points to a number of procedural and substantive issues that could form the basis of judicial review or civil proceedings. These potential axes of dispute are evident from the Regulations’ text and the forms they prescribe, though the Regulations themselves do not report case law. The following are concrete procedural points where dispute might reasonably be expected, based on the content of the Regulations:

Validity of electronic service. The Regulations permit service by email for a number of notices (regulations 6, 7(2), 8, 11 and the list in Schedule 4). Litigation could contest whether an email service was effective in particular circumstances, whether the recipient received and accessed the email, or whether the email complied with any statutory requirements as modified by the Act. The Regulations’ permissive language (for example, r 6: “A courtesy letter may be served on a person by sending it to the person's email address”) gives the Unit a wide scope to use email but leaves operational points,such as proof of delivery,potentially contestable.
Substantial compliance with prescribed forms. Regulation 17(2) provides that “strict compliance with the form specified in Schedule 5 is not necessary and substantial compliance is sufficient.” Disputes may arise about what constitutes “substantial compliance” in the circumstances and whether defects prejudice a defendant’s procedural fairness.
Application of Local Court rules with necessary changes. Regulations 11B and 11C adopt Local Court Rules for property seizure and garnishee orders but with necessary changes. Litigation could arise over the effect of those “necessary changes”, whether particular Local Court provisions apply as adapted, and whether rights available in a court setting are fully preserved in the adapted administrative procedure.
Discretion in payment arrangements. Regulation 9(2) empowers the Director or Deputy Director to approve arrangements outside Schedule 2 “in special circumstances.” Disputes could focus on the ambit of “special circumstances” and whether decisions were made lawfully or unreasonably.
Affidavit of service for community work orders. Regulation 13 requires the authorised person to depose in an affidavit of service that the person understood explanations given in a language likely to be understood. Litigation could question whether service and explanation met the standard required and whether procedural defects invalidate subsequent warrants.
Conversion rates and valuation of penalty and revenue units. The Regulations express numerous tariffs in revenue units and base payments as percentages of the monetary value of a penalty unit (Schedule 2 and Schedule 3). Disputes could arise over conversion into dollar amounts if the applicable monetary values are not correctly applied or updated, or whether certain amounts are properly included as part of an enforcement order (r 4).

Because the Regulations prescribe procedural pathways, most litigation would focus on procedural fairness, validity of service, the correct application of tariffs, the exercise of administrative discretion and the application of adapted court rules. However, the Regulations themselves contain no litigation history or case citations; any actual litigation must be sought in court reports or other legal databases, which are outside the instrument’s text.

These Regulations contain a number of features that create practical pitfalls for agencies, employers, fine defaulters and advisers. The following are specific, source-based “gotchas” drawn from the Regulations’ text that practitioners and compliance officers should watch for.

Service by email,valid and pervasive

The Regulations authorise service by email for many notices (regulations 6, 7(2), 8, 11 and Schedule 4). That means recipients cannot rely on non-receipt claims without evidence. Practitioners should note the Regulations do not include an express safe-harbour procedure setting out how electronic delivery is to be proved (for example, no reference to delivery receipts). The risk is that an email might be sent to an incorrect or inactive address; the Regulations nonetheless say a notice may be served by sending it to the person’s email address, creating potential disputes over whether service was effective if the recipient did not open the message (see r 6; r 11; Schedule 4).

Strict content requirements for election to a court

Regulation 7(1) requires that an election under s 21 of the Act provide the person’s full name, address and date of birth and contain a description of the alleged offence and the date it was alleged to have been committed. An election lacking any of those particulars risks being invalid or delayed. Lawyers must ensure these minimum contents are included when drafting elections to bring the matter before a court.

Substantial compliance standard gives administrative flexibility but legal uncertainty

Regulation 17(2) allows substantial compliance with forms in Schedule 5. That reduces the risk of invalidation for minor errors but injects uncertainty about what variations are tolerable. Practitioners should keep originals and contemporaneous service records because evidence of the Unit accepting a form despite defects may not prevent subsequent challenges where prejudice can be shown.

Tariff expressed in revenue units and percentages of penalty units

The monetary items in regulation 5, Schedule 3 and Schedule 2 are expressed in revenue units or as percentages of the monetary value of a penalty unit. Those monetary conversions depend on external instruments that set the value of revenue units and penalty units. If the conversion is not kept up to date or if different instruments set different values, confusion or disputes may follow. The Regulations do not themselves set the dollar value, so parties must identify the current applicable monetary values elsewhere.

Registration threshold and land encumbrance

Regulation 12 allows registration of a statutory charge on land if the total amount payable exceeds $1 000. For persons with marginal liabilities slightly above this threshold, registration can have a material impact on land dealings. Advisers should be alert to the threshold’s existence and the fact that the registration fee is 124 revenue units under Schedule 3.

Employer administrative costs and protected earnings

Form 6 permits employers to retain an administrative cost out of the excess above protected earnings, but the specifics are left to the Fines Recovery Unit’s determination and the order’s content. Employers must therefore carefully interpret the garnishee order’s wording, comply with record-keeping and employee notification obligations, and avoid wilful non-compliance which can attract Local Court enforcement. The definition of “protected earnings” in Form 6 is administrative and subjective: it is what the Fines Recovery Unit considers to be unreasonable to reduce after having regard to the fine defaulter’s and dependants’ needs. That discretion can produce disputes between employees and employers about the correct deduction levels.

Affidavit of service and language obligation for community work orders

Regulation 13 obliges the authorised person to explain the assessment process and consequences in a language “likely to be understood” and to depose to compliance in an affidavit. Failure to meet these requirements may supply a ground to challenge a community work order’s validity or the subsequent issue of a warrant. Practitioners should ensure interpreters or translated materials are used where needed.

Conversion rates and equivalence

Regulation 14(1) sets community work value at 0.25 of a penalty unit per hour; Form 7 describes community work as reducing the amount owing at the rate of 2 penalty units for every 8 hours, which is arithmetically equivalent. Nonetheless the split representation in the Regulations and forms can confuse clients. Similarly, the rate for imprisonment: 2 penalty units per day (regulation 15). Advisers must do clear arithmetic using the current monetary value of a penalty unit.

Revenue-unit fees are significant and recurring

Schedule 3 lists several items charged at 67 or 148 revenue units. The effect is that enforcement action may rapidly add substantial costs to a modest fine. For example, making a fine enforcement order is 67 revenue units and immobilisation is 148 revenue units. Those costs are payable in addition to the original fine and any included victims’ amounts under regulation 4(2).

Short time windows for community work attendance

Form 7 instructs the person to attend within 7 days of being served for assessment. Failure to attend can result in a warrant. The combination of short attendance windows and email service may catch defendants unprepared, particularly where there are language access issues.

Limited appeal-related detail in the Regulations

The Regulations provide form and process for an election to be heard in court (regulation 7) but do not set out appeal routes or timelines beyond what the Act provides. Legal advisers must check the Act for substantive appeal rights and timelines.

Overall, the combined effect of these “gotchas” is to concentrate operational discretion in the Fines Recovery Unit, to make electronic service an effective method of notice, to impose standardised tariffs that add to recoverable sums, and to make certain conversion rates and thresholds critical to outcomes. Practitioners should build checklists to verify content of elections, preserve evidence of email service, monitor revenue and penalty unit valuations, and advise clients promptly when garnishee or community work notices arrive.

This section provides practical, source-based steps for different actors to comply with the Regulations. Each step cites the relevant regulation or Schedule where the duty or practice is anchored.

For agencies and the Fines Recovery Unit

Use the prescribed forms in Schedule 5, but note that substantial rather than strict compliance suffices (regulation 17(1)-(2)). Keep template versions of Forms 1-9 and keep records demonstrating the nature and extent of any departures from the prescribed text to rely on the substantial compliance rule.
When serving notices listed in Schedule 4, send by email where appropriate (regulations 6 and 11). Retain delivery records and evidence of the email address used, because the Regulations permit service by email but do not prescribe a detailed technical proof-of-delivery requirement.
Apply Schedule 2 payment guidelines when considering applications for further time to pay a fine (regulation 9(1)). Implement an internal decision framework that maps debt ranges to the base weekly payment percentages listed in Schedule 2, and adopt a standard process for recording “special circumstances” approvals in cases where the Director or Deputy Director departs from guidelines (regulation 9(2)).
Charge enforcement costs as specified in Schedule 3 for the applicable enforcement action (regulation 10). Ensure systems calculate costs in revenue units and reconcile with the current monetary value of a revenue unit as set by separate Territory instruments.
For property seizure and garnishee actions, follow the specified parts of the Local Court (Civil Jurisdiction) Rules 1998 as adopted in regulations 11B and 11C, applying necessary changes set out in those regulations. Keep legal advisers familiar with the Local Court rules incorporated, and maintain checklists for the modifications required when treating the Territory as judgment creditor and the Unit as the operational equivalent of the court or Registrar.
When serving community work orders, comply with the identity and language explanation duties in regulation 13, and ensure an authorised person prepares and signs the affidavit of service deposing to compliance. Use Form 7 and Form 8 as templates and ensure the Commissioner of Correctional Services is properly notified for assessment scheduling under regulation 14(3).

For employers and garnishees

On receipt of a garnishee order (Forms 5 or 6), verify whether it is for attachment of debts or continuous attachment of wages (Form 5 vs Form 6). If it is a wages attachment (Form 6), compute net earnings by deducting tax instalments and superannuation contributions as defined in Form 6 and determine the protected earnings and appropriate deduction in accordance with the order and guidance from the Fines Recovery Unit.
Where permitted by the order, apply the administrative cost retention rules set out in Form 6, but confirm the specific administrative fee stated in the order before deducting it. Maintain records and give the employee the notice of particulars of payments made under the garnishee order as required by Form 6.
If you are not the employer or if you cease to be the employer after being served, promptly notify the Director of the Fines Recovery Unit as required by Form 6.
Avoid wilful failure to comply with garnishee orders; Form 6 warns of Local Court enforcement if an employer wilfully fails to comply.

For fine defaulters

If you receive a courtesy letter, fine notice, election form or other notice by email, treat it as valid service. Check the content carefully for amounts owing, costs added (regulation 4 and Schedule 3), deadlines for elections, and instructions for attending assessment (Forms 1, 2, 7).
A valid election to have the matter dealt with by a court under s 21 must include full name, address, date of birth, and in respect of each alleged offence, a description and date of the alleged offence (regulation 7(1)). If in doubt, include more identifying information rather than less.
If you cannot pay, apply for further time in accordance with the Schedule 2 payment guidelines. Be prepared to demonstrate financial circumstances by completing the financial statement in Schedule 5 and producing supporting documents at any examination summoned under section 68 of the Act (regulation 17 and Schedule 5). Note the statement about false or misleading information under section 109A of the Act on the financial statement form.
If you are served with a community work order, attend the assessment within 7 days as Form 7 states or as otherwise specified. The Commissioner of Correctional Services’ assessment will determine suitability and start the period for completing ordered hours (regulation 14(2)-(3) and Schedule 4A). If you fail to attend, a warrant may be issued and custody may follow (Form 7, Form 8, Form 9).
Keep documentation of all payments and communications with the Fines Recovery Unit, including receipts for any amounts paid, so that any disputes about amounts owing can be resolved with evidence.

For bailiffs and enforcement agents

Use Form 4 when executing property seizure orders and ensure required endorsements about attempts, sale proceeds and distribution of proceeds are made, as Form 4 requires. Note that orders are valid for 12 months from date of issue per Form 4.
Ensure you apply the correct fee tariffs for immobilisation, property seizure and service of orders as set out in Schedule 3, and that fees and expenses taken from sale proceeds are properly accounted for as Form 4 demands.

For legal advisers

Confirm the monetary values for revenue units and penalty units from the appropriate instruments before advising clients on dollar calculations of charges, community work equivalence or custodial conversions. The Regulations rely on those external unit valuations.
Where electronic service is used, gather evidence of the email address used, message content, timestamps and any bounce or delivery notifications to defend against claims of non-service.
When challenging the Fines Recovery Unit’s decisions, focus on procedural points the Regulations make central: adequacy of service (including the language explanation requirement for community work orders), compliance with Local Court Rules as adopted and modified by regulations 11B and 11C, and exercise of discretion under regulation 9(2).

Administrative record-keeping

All parties should keep contemporaneous records: service logs for emails, signed affidavits of service, receipts for payments, communications about instalment arrangements and any notices received. These records will be essential to demonstrate procedural compliance under the Regulations’ substantial-compliance approach and to rebut claims about non-receipt or incorrect amounts.

These steps, grounded in the explicit text of the Regulations, provide a practical compliance baseline. They reflect the Regulations’ emphasis on prescribed forms and tariffs, electronic service, defined conversion rates for non-payment consequences, and the adoption of Local Court procedural rules with necessary changes for enforcement tools.

FINES AND PENALTIES (RECOVERY) REGULATIONS 2001

Plain English Summary

Deep Dive

What it does

Current sections

FINES AND PENALTIES (RECOVERY) REGULATIONS 2001

Source text: opening excerpt

1 FINES AND PENALTIES (RECOVERY) REGULATIONS 2001

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply