Enforcement Warrants FAQ
What is an Enforcement Warrant?
The State Penalties Enforcement Act 1999 allows the issue of an enforcement warrant where a debt is not satisfied after the expiration of the relevant enforcement order. An enforcement warrant can be used to enforce the seizure and sale of property (including registering warrants over real estate and vehicles) or impose a charge on property (being all or part of your interest in specified land, prescribed interest or securities).
What does it mean to have a warrant registered over my property?
Section 110 of the State Penalties Enforcement Act 1999 allows for SPER to register interests in property. A Registered Warrant is used in conjunction with an Enforcement Warrant for the purpose of placing an interest over a Vehicle or Real Estate asset.
Vehicle/Vessel - If SPER has registered an interest in your vehicle or vessel, this means that an interest is now recorded against that vehicle or vessel in the Register of Encumbered Vehicles (REVS). This means that if you attempt to sell the vehicle the purchaser becomes aware that the vehicle has an interest registered over it by SPER and may choose not to continue with the purchase while this interest remains.
Property - If SPER has registered an interest in your property, this means that a Writ (Warrant) has been recorded against your property with the Land Titles Office (Department of Natural Resources and Water). This means that you are prevented from having any dealings with the property. You will be unable to change any ownership details or sell the property while SPER holds an interest in it.
What authority does an Enforcement Officer have when serving an Enforcement Warrant for Seizure and Sale of my property?
Section 114 of the State Penalties Enforcement Act 1999 allows an Enforcement Officer to request certain information that is relevant to the warrant or the exercise of their powers such as your full name, date of birth, address, employment details, bank account details, income and expenditure etc. An Enforcement Officer may also request proof of ownership of the relevant property. It is an offence not to provide the information required.
What if my property is seized and sold under an Enforcement Warrant, but
my SPER fine(s) is not paid in full?
You will be liable for any outstanding amount after an Enforcement Warrant
has been issued and property seized and sold. Remember that any costs involved
in seizing and selling your property is added to your total outstanding SPER
fine. The best way to avoid this happening is to arrange for payment in full,
or an appropriate Instalment Plan where you can make regular payments.
Can I apply for unpaid community service after an Enforcement Warrant
is issued?
In most cases you will be able to make an application to do unpaid community
service. If your application is granted, the Enforcement Warrant will be withdrawn.
If your application is refused, the Enforcement Warrant will remain in force.
Please note that if steps have already been taken to seize and sell any of
your property, you may be liable to pay any costs involved, and you will not
be eligible to do community service instead of paying these costs.
What if I don't own any property that can be seized and sold?
If it is determined that you don't own any property that can be seized and
sold to pay your outstanding fine, SPER may undertake several other enforcement
options, including automatically deducting money from your wages or bank account,
or issuing a warrant for your arrest and imprisonment.
