Fines in NSW

A financial penalty or fine is a sentencing option available under Section 15 of the Crimes (Sentencing Procedure) Act 1999.

What is a Fine?

A fine penalty is a monetary punishment imposed by the Court. It requires the person to pay a specified amount of money to the State of New South Wales for their offending behaviour. The sentencing Magistrate or Judge will determine the appropriate fine by considering the circumstances and seriousness of the matter and the maximum penalty for the offence.

The legislation prescribes the maximum fine penalty for each offence in “penalty units”. A “penalty unit” is currently defined as being $110.00.

Legislation:

Section 15 Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment

This section applies to all offences dealt with on indictment, other than offences for which the penalty that may be imposed (otherwise than under this section) includes a fine.
A Court may impose a fine not exceeding 1,000 penalty units on an offender whom it convicts on indictment of an offence to which this section applies.
The fine may be imposed in addition to or instead of any other penalty that may be imposed for the offence.

Consequences of Non-Payment of Fine:

A Defendant will have 28 days to pay their fine penalty from the date of sentence. The Registry will post a copy of the Notice of Penalty to the Defendant with details and instructions for payment of their fine. If payment cannot be made within 28 days a payment plan can be arranged with the Court Registry. If the Court fine remains unpaid after 28 days then Revenue NSW can take action against the Defendant for their nonpayment including suspending their licence or cancelling vehicle registration.

Will I Get A Criminal Record For A Fine?

Yes, if a person receives a fine penalty they are convicted of the offence and this conviction will be recorded on their criminal record.

Related Consequences of a Fine:

Demerit Points

The Court does not have the power to impose, deduct or vary the amount of demerit points that apply to an offence. Demerit points at law are a consequence of imposing a conviction.

As a fine involves a conviction, when a person receives a fine penalty, the demerit points for the offence will be applied against their licence.

Automatic and Mandatory Licence Disqualification

Some traffic offences (such as speeding >30km/h, drink driving, negligent driving or driving while suspended) also carry a licence disqualification consequence in addition to their prescribed maximum penalties. The provisions relating to automatic and mandatory disqualification periods for traffic offences are contained in Section 205 of the Road Transport Act 2013.

The Legislation states that when the Defendant is convicted of the offence, the automatic and mandatory licence disqualification will be applied against the Defendant’s licence.

As a fine is a conviction penalty, when a person receives a fine on sentence, this will trigger the automatic and mandatory licence disqualification being applied and their licence will be disqualified for the prescribed period.

Mandatory Interlock Order

Similarly, if the offence for which a person is being sentenced contains a ‘mandatory interlock’ provision then when a person is convicted the Court is required to impose a mandatory interlock order on the Defendant. Mandatory Interlock Orders involve two stages:

Licence Disqualification – A period of disqualification is applied to the licence, then
Interlock Order – After the disqualification period has been served, order the Defendant to obtain an interlock licence and have an interlock device installed in their vehicle for the prescribed period of time.

As a fine is a conviction penalty, when a person is sentenced to a fine, this will trigger the mandatory interlock order being applied to their licence.