Offender levy

The offender levy applies to offences in the Magistrates, District or Supreme Courts and becomes payable once you are sentenced. The levy is separate to your sentence and applies whether a conviction is recorded or not. The levy doesn’t apply to re-hearings or appeals.

When you need legal advice

Get legal advice if you:

  • think there has been an offender levy error
  • can’t afford to pay the offender levy and need advice about your options.

How to get legal advice

What is the offender levy?

The offender levy is an administrative fee that adult offenders must pay when they are found guilty or plead guilty in the Queensland Magistrates Court, District Court or Supreme Court. It is payable after each court sentence, whether a conviction is recorded or not.

If you are sentenced for more than one offence at the same court hearing, you will only pay the levy once. If you are charged with multiple offences and choose to be sentenced over 2 or more days, you will have to pay a levy for each day of proceedings.

The court does not choose whether the levy should be imposed or not, or take into account your ability to pay it when you are sentenced. Most times, you will not hear the levy mentioned in court.

If your sentence includes a fine, this must be paid on top of the offender levy.

The levy cannot be converted to jail time or a fine option order (i.e. doing unpaid community service work instead of paying the levy).

If you are re-sentenced for the same offence, you will not have to pay the offender levy again. However, if you breach a condition of a previous sentence, you may be charged with this new offence. For example, if you have breached the conditions of a probation order, you may be brought before the court for contravening that order. If found guilty of the new offence, you will have to pay another levy. This does not apply to offences under the Bail Act.

The levy does not apply to re-hearings or appeals.

You cannot appeal against an offender levy.

How much is the offender levy?

The levy amount depends on which court you are sentenced in:

  • Magistrates Court—the levy is $142.80
  • Supreme Court—the levy is $428.00
  • District Court—the levy is $428.00

The offender levy amount can change over time by law.

Impact on penalties and sentences

The offender levy has no impact on your court penalty or sentence.

If you successfully appeal against a conviction or sentence, you will not have to pay the offender levy.

If you are unsuccessful in appealing against a conviction or sentence, you will have to pay the offender levy. This will be in addition to any other financial penalty imposed by the court.

Find out more about possible penalties and sentences.

Offender levy and court diversion

You still have to pay the offender levy when you go to court diversion for a minor drug offence.

Pleading guilty online

You must pay the offender levy when you plead guilty online. 

It does not matter whether you appear in court in-person or not. If you are sentenced by a Queensland court, you will have to pay the offender levy.

Find out more about pleading guilty online.

Contesting a traffic fine

You will be charged the offender levy if found guilty after contesting a traffic fine in court. This must be paid in addition to any traffic fine, summons cost or witness expenses

You will not pay the offender levy if you successfully contest a traffic fine in court and are found not guilty.

Get legal advice before contesting a traffic fine.

Failure to pay the offender levy

Your personal details will be registered with the State Penalties Enforcement Registry (SPER) if you do not pay the offender levy when you are sentenced in court.

You can contact SPER to make a payment plan, if needed.

If you owe money for compensation, restitution, damages or another penalty, this money must be paid to the court or SPER before you can pay off the offender levy.

Find out more about the State Penalties Enforcement Registry (SPER).

Offender levy errors

If you think there has been an offender levy error, for example, you received 2 levies when only one should have applied, contact the registry at the court where you received the fine as soon as possible.

For contact details, view a list of Queensland courts.

How to get legal advice

We give advice on most areas of criminal law.

Contact us

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Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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