Most people are not aware that there are serious consequences for not paying fines and infringements in WA, including driver’s licence suspension, vehicle immobilisation, vehicle licence cancellation and seizure and sale of your property.
According to the DEPARTMENT OF JUSTICE Fines Enforcement Registry
[ABN 70 598 519 443] Infringements are issued by the Western Australia Police, local government authorities and various other Prosecuting Authorities, either in person or through the post. You might receive an infringement for offences such as speeding, illegal parking, not registering your motor vehicle or littering.
Just to clarify… If you don’t pay a parking ticket, a speeding fine, Dog or Cat Registration, Council Rates, Car registration or a court fine then what will happen is your drivers licence will be suspended until you pay it. This is Extortion!!!
EXTORTION. Unlawful obtaining of money from another. People v. Parkinson, 181 Misc. 603, 41 N.Y.S.2d 331, 334.
Obtaining of property from another, with his consent, induced by wrongful use of force or fear, or under color of official right. And see State v. Logan, 104 La. 760, 29 So. 336;Black’s Law Dictionary 4th Edition
Legal Maxim: EXTORTIO EST CRIMEN QUANDO QUIS COLORE OFFICH EXTORQUET QUOD NON EST DEBITUM, VEL SUPRA DEBITUIVI, VEL ANTE TEMPUS QUOD EST DEBITUM. 10 Coke, 102. Extortion is a crime when, by color of office, any person extorts that which is not due, or more than is due, or before the time when it is due.Black’s Law Dictionary 4th Edition
Suspension of the Drivers Licence by the Fines Enforcement Registry is a Breach of Contract!
The terms and Conditions of the Drivers Licence Contract does not disclose the fact that if you do not pay a fine issued by the FINES ENFORCEMENT REGISTRY Nowhere in the terms that your drivers licence will be suspended. The Drivers Licence suspension is done without reasonable cause or excuse.
The Drivers Licence is a contract that is made with the Department of transport department and whether or not you pay a fine for something that has no relevance is a breach of contract. This was never disclosed.
If you pay the fine it is an admission of liablity!
Challenging the fine means that you may need to go to court and face the prosecuting ‘authority’.
Public Prosecution Authority
According to Acting Director of Public Prosecutions [ABN 33 585 197 892], Robert Owen, “The power of any prosecution agency is a significant one. A prosecution agency has the power to make decisions which affect fundamental human rights, particularly the right to personal liberty. It must meet, and be seen to meet, the highest standards of integrity, professionalism, transparency and accountability”. In other words they can potentially put you in jail.
The Department of Public Prosecution is a private business with an ABN.
The DPP Statement of Prosecution Policy and Guidelines is issued pursuant to section 24(1) of the Act and will become operative from 1 July 2022. The policies expressed by this Statement apply to:
- (a) prosecutions for offences on indictment;
- (b) summary prosecutions;
- (c) matters before the Children’s Court;
- (d) appeals arising out of criminal proceedings;
- (e) proceedings under the Criminal Property Confiscation Act 2000 (WA) (the CPCA);
- (f) proceedings under the High Risk Serious Offenders Act 2020 (WA); and
- (g) extradition proceedings
DPP – THE DECISION TO CHARGE
DPP Statement of Prosecution Policy and Guidelines 2022 state that “the primary responsibility for investigating and charging offences resides with investigative agencies, such as the Western Australia Police Force (WAPF)”.
They go on say the “The investigation and prosecution of offences are separate and distinct functions within the criminal justice system. In some cases, whether because of complexity, sensitivity or for some other reason, it will be appropriate for the WAPF or other investigative agency to seek the opinion of the Director as to whether a charge should be laid. In such cases, the decision to charge will still be one for the WAPF or other investigative agency, although they will be entitled to act on the recommendation of the Director”.
The Director of Public Prosecutions must comply with their “Director of the Public Prosecutions Act 1991” I read this forementioned Statute and have highlighted some important points.
Offence means an offence — (a) against a law of this State; and (b) against a law of the Commonwealth but limited to an offence to which particular proceedings relate where the Director is authorised to bring or conduct those proceedings; and (c) against a law of the United Kingdom if the offence is triable in this State;
Part 2 — Office of Director, and Deputy Director, of Public Prosecutions 4. Offices created (1) There are hereby created an office of Director of Public Prosecutions and an office of Deputy Director of Public Prosecutions. (2) The offices so created are not offices in the public service.
11. Prosecutions (1) It is a function of the Director — (a) to commence and conduct the prosecution of any offence, whether indictable or not, and whether on indictment or not; and (b) at any stage of the proceedings, to take over a prosecution commenced by another person of an offence, whether indictable or not, and whether on indictment or not. (2) The function under subsection (1) may be performed despite any other written law that — (a) requires the consent or approval of a person for a prosecution to be commenced; or (b) prescribes who can commence a prosecution; or (c) prescribes a manner in which a prosecution may be commenced; or (d) does more than one of those things.
33. Protection from personal liability The Director, the Deputy Director or any other person acting under this Act — (a) is not liable for anything that in good faith he or she does or refrains from doing for the purpose of carrying out this Act; and (b) without limiting paragraph (a), is entitled to be indemnified by the State for any liability incurred in any proceedings related to the carrying out of this Act.
If you send the Director of Public Prosecutions and the Corporate Government Department a Notice of Quo Warranto – Notice to Produce. This will then hold them accountable and create liablility to privately prosecute the Public Prosecution. They will no longer be acting in good faith and with clean hands.
Bill of Rights 
1688 CHAPTER 2 1 Will and Mar Sess 2
An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne.
Grants of Fines, &c. before Conviction, &c.
And severall Grants and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome the same were to be levyed. All which are utterly directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.