Overseas speeding infringement

Offences committed outside Victoria
Mickyboy
Posts: 1
Joined: Sat Sep 12, 2020 12:25 am

Overseas speeding infringement

Postby Mickyboy » Sat Sep 12, 2020 12:38 am

Hey y'all,

Just came across your site, registered, and logged in as a new member.

Had a squiz at previous topics, and couldn't find what I was looking for - hopefully it hasn't already been covered!

Ok, in a nut-shell, got a speeding fine while I was in NZ in February - arrived in the mail not long after I returned home.
Appealed it - it was sent to court, and heard in my absence, with a written submission I sent in - and appeal wasn't successful, so court cost slapped on top.

Have tried to be reasonable throughout the process, but now got to the point where I'm tempted to just ignore it.

Question - do we have international immunity from having to pay fines incurred in other countries?
Or is there some kind of international agreement, where their threats (eg. fines enforcement/debt collection, impact to credit ratings, insurance etc.) actually be carried out in Australia (I'm in WA, by the way, but I would assume that it would be the same here, as it would be for VIC?)?

Any help appreciated!

Cheers,

Mick.

bluesky
Posts: 77
Joined: Thu Jun 07, 2012 3:44 pm

Re: Overseas speeding infringement

Postby bluesky » Thu Feb 18, 2021 11:52 am

Yes it's possible they can enforce the ujudgement under the Trans-Tasman Proceedings Act 2010.

https://www.legislation.gov.au/Details/ ... c369266575

(1) A judgment is a registrable NZ judgment if:
...
(d) the judgment is a final and conclusive judgment that:
(i) is given in a criminal proceeding by a New Zealand court; and
(ii) consists wholly of an imposition of a regulatory regime criminal fine; and
(iii) meets the conditions (if any) of a kind prescribed by the regulations; or...

Whether they will bother for a few hundred bucks is another story.

They could also sell the debt to collection agency without applying to an Australian court, as a speculative bluster.

Hardy
Site Admin
Posts: 8474
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Overseas speeding infringement

Postby Hardy » Fri Feb 19, 2021 8:38 am

The above legislation and comments apply to orders to pay debts or damages only, not fines. A fine is not a judgment. It is a sentence.
NSW finds it impossible to enforce its fines in Victoria. What hope has NZ got?


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