Infringements

Infringements

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Dealing with enforcement orders

Dealing with enforcement orders

Timeframes for enforcement orders - warrants and expiry

What happens if no action is taken?

If your client takes no action within 28 days of receiving the enforcement order, the Infringements Registrar must issue an infringement warrant under section 80 of the Infringements Act.  An additional fee of $59.84 (as at 1 July 2015) for the issue of a warrant is added and allows for further enforcement action, including the sheriff being able to detain or immobilise your client's car, suspend your client's licence and even arrest. 

If your client has received a warrant but it has not yet been executed, your client has the same options as listed above.  If your client receives a warrant and the warrant has been executed, your client will have more limited options.  Click here to see those options.  More information about infringement warrants is also available here.

When does an enforcement order expire?

Generally, an enforcement order expires five years after it being made or after the making of a payment order (section 62).  Once the enforcement order expires, any amount still outstanding in respect of the fine ceases to be enforceable or recoverable, however, the Infringements Registrar may reinstate an enforcement order that has expired on the Infringements Registrar's own motion or on the application of the enforcement agency (section 63).  An enforcement order can only be reinstated once by the Infringements Registrar.  

As the underlying infringements do not expire, it means that there is a risk that enforcement orders can be reinstated.   

You should advise your client of this risk and, when closing the matter, advise them to seek legal assistance immediately if she or she receives an enforcement order, infringement warrant or seven day notice in the future.