Getting a SPER enforcement order

Part of the Fines topic

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In short

SPER enforcement orders

SPER issues enforcement orders to collect overdue debt such as unpaid fines and penalties.

The agency who issued the original fine can register the overdue debt for collection with SPER.

Getting an enforcement order

If you’ve failed to act on your fine or penalty, SPER will send you an enforcement order for the amount you owe.

There may be administrative fees you’ll need to cover such as a registration fee of $80.85.

Registration fees do not apply to court-ordered penalties and offender debt recovery notices. However, an offender levy is added when an adult is convicted of an offence.

See pay a SPER debt.

Failing to pay an enforcement order

If you don't pay the enforcement order by the due date, SPER will take one or more enforcement actions. These may include suspending your driver licence, immobilising your vehicle or seizing and selling your vehicle.

You may also risk additional enforcement charges.

SPER enforcement officers

Enforcement officers are responsible for executing any warrant issued by SPER. They have the power to immobilise vehicles and seize and sell personal property.

Enforcement officers can also:

• help you finalise your debt
• discuss your payment options
• take payments
• issue receipts for payments.

If necessary, they may apply for a search warrant to enter a premises.

You are legally required to answer any questions asked by the enforcement officer. If you don't follow their request, you may be charged with an offence and face further legal action.

Identifying an enforcement officer

Each officer carries an identity card that:

• identifies the person as an enforcement officer
• displays a recent photograph of the officer
• is signed by the officer
• states an expiry date.

Contact SPER if you’re unsure about an officer’s identity.

Enforcement warrants for debt collection

• Suspending driver licences
• Immobilising vehicles
• Seizing property
• Wages and bank account collection
• Registered interests in property

The value from the debt collection process is used to pay your SPER debt. If the money received is not enough to cover your debt, you’ll still be liable for any outstanding amount.

Any money left over after the debt has been paid in full will be paid back.

You will usually receive a notice of intention stating the enforcement action. You will have 14 days to respond.

If you don’t take action, an enforcement warrant will be issued.

Suspending driver licences

Driver licence suspension can be used for any type of debt, not just those related to vehicle offences.

The suspension means you can't drive on any of the following licences:

• a Queensland driver licence (for any type of vehicle or vessel)
• a restricted licence (e.g. work licence) granted by a court
• an interstate driver licence, if you have previously held a Queensland driver licence.

If you are stopped by police while driving on a suspended licence you will be charged.

Immobilising vehicles

An enforcement officer will attach a wheel clamp to any vehicle registered in your name, whether it is for you or a company.

The vehicle can be immobilised without permission wherever it is parked. For example:

• at your home
• at your work
• in a public place.

A notice will be attached to the front windscreen on the driver's side window. It will explain that the vehicle has been immobilised by SPER for unpaid fines or orders.

The vehicle may be immobilised for up to 14 days.

Seizing property

An enforcement warrant allows an enforcement officer to take possession of your property. This includes seizing and selling vehicles, boats, caravans and other personal items of value. It also includes seizing cash and registering an interest in vehicles and real estate.

It is an offence to interfere with the execution of an enforcement warrant, or to transfer ownership or move property to avoid the warrant. Serious penalties apply.

Wages and bank account collection

A fine collection notice will be issued to your employer, bank or any other organisation that holds money on your behalf to collect debt.

The organisation must comply with the notice by law and pay SPER from:

• your bank account
• your wages
• money held on your behalf by other organisations or people, such as
  • lotteries or casinos
  • insurance companies
  • trustees of an inheritance
  • the Queensland Police Service.

Registered interests in property

A warrant to impose a charge on your property. A charge may apply to all or part of your interest in the property—this may include real estate, vehicles and vessels.

If we have registered an interest in your vehicle or vessel, we will record it in the national Personal Property Securities Register.

If we have registered an interest in your real estate, it will be recorded with Titles Queensland.

If you try to sell or transfer your property you will not be able to until you have settled your debt with SPER.