15.2 - Monetary fine

A monetary fine can be imposed pursuant to section 45. Section 48 provides that the Court must take into account:

• the financial circumstances of the offender, and
• the nature of the burden that payment of the fine will be on the offender.

The Court often allows time to pay the fine under section 51 of the Police Powers and Responsibilities Act 2000 (Qld), usually at the rate of about $100 per month, and usually up to a maximum of six months, although this can vary depending on circumstances. The Court can order in default of payment of the fine - the offender is to serve a specified period of imprisonment under section 182A. Although discretionary, current sentencing practice in Queensland Courts suggests that each $50 of unpaid fines will result in one day's imprisonment. Failure to pay fines can lead to "in default" imprisonment. Offenders with fines may apply to the State Penalties Enforcement Registry (SPER) for a Centrepay - regular small deductions from their Centrelink benefit, which postpones the "in default" imprisonment. There is a fee for registration and deductions are usually $20 per fortnight. The prescribed repayment amount is amended in accordance with increases in income. While the SPER system can avoid the need for fine defaulters going to jail, it means that offenders face significant periods of debt and repayment. SPER has no power to cancel registered fines.