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This guide explains what to do if you want the court to decide your overdue fine. An overdue fine is also called an enforcement order.
Choosing to have an overdue fine decided in court can be risky – courts can give you a higher penalty or may record a conviction if you are found guilty. Before taking an overdue fine to court, you should get legal advice.
You can apply to have your overdue fine withdrawn online or by contacting Revenue NSW and asking them to send you the application form.
To apply online, see myEnforcement Order on the Revenue NSW website.
There is no fee for making this application.
There is no time limit for applying for an overdue fine to be withdrawn, but you will need to explain why you didn’t do anything about overdue fine earlier.
Revenue NSW will tell you in writing whether or not your enforcement order will be withdrawn. If it is withdrawn, the fine will be reviewed. This does not automatically mean that the original penalty notice is cancelled too. If your overdue fine is withdrawn, Revenue NSW can:
Having your original penalty notice cancelled or dealt with by a caution only happens in limited circumstances. In other cases, if your overdue fine is withdrawn, the original fine will be sent to court.
It can take up to six weeks for Revenue NSW to let you know what they decide.
If you receive a court attendance notice (CAN), go to step 5. If Revenue NSW does not withdraw your enforcement order, go to step 4.
If Revenue NSW does not withdraw your enforcement order, you can apply to the Local Court to annul (cancel) it. If you are successful, the court can then deal with the infringement.
You can apply to the Local Court in writing. You should include your name, contact details and the details of the fine you want annulled (cancelled). There is no form you need to complete to do this.
You have 28 days to apply to the Local Court for an annulment of the enforcement order if it is not withdrawn by Revenue NSW.
You should make sure you know the time, date and location you need to attend court and plan how you will get there.
Before your court date you should collect any documents you want the court to consider when deciding your case (f you are pleading guilty), and what you will say to the Magistrate.
For more information about preparing for court, see Mention.
Make sure you get to court before the time listed on your court attendance notice. If you can’t find your courtroom, ask for assistance from a court officer.
If you miss your court date, the Magistrate can decide your case without you being there. If this happens, you should get legal advice.
You should be prepared to tell the court if you want to plead guilty or not guilty.
For more information about what happens at court, see Going to court.
If you are asking the court to annul the fine (because Revenue NSW would not withdraw it), you should be prepared to enter a plea of guilty or not guilty on the same day.