Penalty Infringement Notices

Some offences under the RTRA Act can incur a Penalty Infringement Notice (PIN) instead of prosecution through the Magistrates Court. 

  • The RTA may issue a PIN for a serious offence that is not suitable for prosecution. 
  • A PIN can be issued for one or multiple offences, relating to one or multiple tenancies. 
  • PINs can be issued against an individual or a corporation, and the amounts differ for each. 

When a PIN has been issued, you can elect to either: 

  • Pay the fine in full or arrange to pay by instalments (payment details are located on the back of the PIN) 
  • Contest the PIN in the Magistrates Court (ie: take it to trial). 
  • Unpaid fines are referred to SPER (State Penalty and Enforcement Registry) for debt recovery.  

Contesting a Penalty Infringement Notice (PIN) 

Any individual or corporation has the right to contest matters in the Magistrates Court, but it is important to understand the potential consequences. Remember: 

  • You are electing to take the matter to court, where a Magistrate will decide if you are innocent or guilty of the offence.
  • Offences under the RTRA Act are criminal matters and the rules of evidence apply. Strict rules of procedure apply (see for example the Justices Act, the Criminal Code, the Penalties and Sentences Act and the Evidence Act). 
  • During a trial, the prosecution will call witnesses to lead evidence. If you wish to provide evidence to the court, you will need to lead that evidence from witnesses and those witnesses may be cross-examined by the prosecution. 
  • You are responsible for paying the costs of your own lawyer and any other costs involved with going to court. If found guilty the RTA may apply to the court to have you pay its court costs.  
  • If you are found guilty, the court may decide to record a criminal conviction. 

Case Study 

Example of an offence: 

The offence of conducting an open house without written permission carries a Penalty Infringement Notice fine for a corporation of $1334.50 

Options to take once you have received a Penalty Infringement Notice are: 

  • Pay the fine in full or arrange to pay by instalments (payment details are located on the back of the PIN) 
  • Contest the PIN in the Magistrates Court (ie: take it to trial). 
  • Unpaid fines are referred to SPER (State Penalty and Enforcement Registry) for debt recovery. 

If the matter is contested in court and found guilty, the maximum penalty the Magistrate may award is $13,345 being 10 times the original fine. A criminal conviction may be recorded. The RTA may also apply for you to pay its court costs.  

For more information about your rights and responsibilities, contact the RTA

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