Last updated 23 September 2024

When an offender is found guilty of an offence, the court may impose a fine regardless of whether or not it records a conviction (s 44 Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act)). One fine may be imposed for multiple offences (s 49 Penalties and Sentences Act). The court may impose a fine in addition to, or instead of, any other sentence (e.g. in addition to imprisonment or another order). The legislation that contains the offence of which the offender is convicted will usually specify the maximum fine for the specific offence. Unless the legislation provides otherwise, the court may impose a fine that is lower than the maximum fine that is specified (s 47 Penalties and Sentences Act).

Fines are expressed in penalty units. The value of a penalty unit is updated regularly to account for inflation. As at the date of writing, one penalty unit is equivalent to $161.30. The value of a penalty unit can be found at reg 3 of the Penalties and Sentences Regulation 2015 (Qld).

In determining the amount of the fine and how it is paid, the court must, as far as practicable, consider the financial circumstances of the offender and the burden that payment of the fine will impose on the offender (s 48 Penalties and Sentences Act). In considering the offender’s financial circumstances, the court must take into account any existing order or proposed order for restitution or compensation, or for the confiscation of the proceeds of crime. If the court considers that it would be appropriate to impose a fine and also to make a restitution or compensation order, but it is obvious to the court that the offender would not be able to pay both, then the court must place more importance on the order for restitution or compensation (although it may still impose a fine). In determining the amount of the fine, the court may also consider any loss or damage to any person’s property caused by the offence and the value of any benefit received by the person.

If the court imposes a fine, then the court has three options:

When imposing a fine, the court may also make an order for a term of imprisonment that the offender will face in default of payment.

Fine option orders

The court may order that a fine be converted into a ‘fine option order’ (s 53 Penalties and Sentences Act). A fine option order allows a convicted person to perform unpaid community service instead of paying their fine. An offender may apply for a fine option order immediately after a fine is imposed, or within the time set for payment of the fine (ss 53–55 Penalties and Sentences Act).

A court may only make a fine option order if the court is satisfied that the offender:

  • is unable to pay the fine in accordance with the original order
  • or the offender’s family would suffer economic hardship
  • is a suitable person to perform community service under a fine option order (s 57 Penalties and Sentences Act).

The number of community service hours required to be performed must satisfy the justice of the case. The number of hours ordered must not be more than five hours for each penalty unit, or part of a penalty unit, that was imposed as a fine under the original order (s 69 Penalties and Sentences Act).

The number of community service hours required to be performed under a fine option order can be reduced in whole or in part if the offender subsequently pays the fine or part of the fine that was originally imposed. The offender’s program of community service that satisfies the fine option order will be supervised by a corrective services officer.

A fine option order is subject to similar requirements to those that are imposed for a community service order. If any of those requirements is not met, then the court may extend the period in which community service is to be performed. The fine option order may also be revoked for non-compliance, in which case the offender will immediately be liable to serve the period of imprisonment that was specified as the default period in the original fine order (s 74 Penalties and Sentences Act). The period of imprisonment will be reduced to reflect any partial payment of the fine or partial performance of the community service prior to the offender’s non-compliance (s 82 Penalties and Sentences Act).

Review of fine option orders

A fine option order may be revoked if the court is satisfied that (s 79 Penalties and Sentences Act):

  • the offender is not able to comply with the order because the offender’s circumstances have materially changed since the fine option order was made
  • the offender is no longer willing to comply with the fine option order
  • the offender’s circumstances were not accurately presented to the court when the order was originally made.

If a fine option order is revoked, the court may confirm the original order, vary the original order or revoke the original order and resentence the offender for the offence for which the order was made. In determining how to resentence the offender, the court must take into account the extent to which the offender had complied with the original order and the fine option order prior to its revocation (s 80 Penalties and Sentences Act).

Failure to pay fine

Fines are enforced by the State Penalties Enforcement Registry (SPER) under the State Penalties Enforcement Act 1999 (Qld).

If a person fails to pay a fine by the due date, then the court will refer the fine to SPER so that enforcement action may be taken.

There are many steps that SPER may take to recover the fine amount including sending letters of demand, suspending a person’s driver licence, seizing a persons’ property and garnishing a person’s wages.

If the fine remains unpaid, then SPER may seek to have a warrant issued for the person’s arrest and imprisonment. Once a warrant has been served, the only option to avoid imprisonment is to pay the full outstanding amount.