Enforcement actions refer to a range of measures that can be applied when overdue debts remain unpaid.
These enforcement actions are outlined in the Fines Enforcement and Debt Recovery Act 2017.
Types of enforcements
Additional fees may be applied to your balance when your debt remains unpaid and when enforcement actions are applied. To avoid further penalties, you will either need to:
- pay your debt in full,
- make a payment arrangement,
- or contact us to discuss your options.
When this enforcement is applied, you will be unable to do business with the Registrar of Motor Vehicles. This means that you can't:
- renew your registration
- renew or apply for a driver’s licence
transfer the ownership of a vehicle.
If you try to renew your registration, the customer service operator will let you know that you are barred from making a transaction.
This enforcement is not applicable to overdue state debts.
Your licence may be suspended if your overdue debt remains unpaid.
This means that you will not be allowed to drive a vehicle, or to supervise a learner driver. It is an offence to drive while your licence is suspended, and it risks attracting more penalties.
A suspension of a driver’s licence by our office is different to a licence disqualification and can occur regardless of the number of demerit points you have.
This enforcement is not applicable to overdue state debts.
If your debt remains overdue and unpaid, our office can arrange to take money from your salary or directly from your bank account without your permission. This is called a 'garnishment determination'.
If this enforcement action is taken, your employer or financial institution is legally required to comply.
If money has been taken from your account under a garnishment determination, it is important that you contact us as soon as possible to discuss your options and avoid further penalties. When your debt is paid in full or under management (in a payment plan) enforcement sanctions will be cancelled.
Your Rights
If a garnishment determination has caused you undue financial hardship, you may request a refund by contacting us.
If you wish to dispute your debt, there may be options available. You can find further information here.
Our office can clamp or impound any vehicle used by a person with overdue debt or debts, whether that person owns the vehicle or not.
Our office can seize and sell assets (including property) to recover overdue debts.
Other assets can also be seized and sold, including:
- motorbikes
- boats
- trailers
- cars.
Any costs from the seizure and sale of assets (for example the cost of removal and storage) will be added to the amount owed.
Our office can apply to Land Services SA for a 'charge on land' on real estate owned by a person or organisation with outstanding debts. This means that if you own real estate, you will be unable to freely sell, transfer or refinance your property until you pay your debt in full or make an alternative arrangement with us, such as a payment plan.
Once applied, the charge on land will remain until your debts are paid or an agreed outcome is reached. This means that if your debt still remains unpaid, our office can legally sell your property and use the money to pay off your debt.
If a charge on land has been applied to your property, you will be notified and it will also show on a Land Titles search. Costs from applying a charge on land will also be added to your debt. The charge will be lifted once your outstanding debts are paid.
Our office can publish the names of individuals and registered companies that have overdue debts on our website.
Names will be published at the discretion of the Chief Recovery Officer and usually takes place after:
- several attempts to contact the outstanding debtor have been made, and
- no payment has been received or an active payment arrangement is not in place.
Names will be removed from this list within one business day of receiving payment or when a payment arrangement is put in place.
This enforcement is not applicable to overdue state debts.