Fines are Unlawful if issued without a court conviction, according the Imperial Laws of England, which are still in force, and cannot be repealed without a referendum.

The legislation below simply states that no person cannot be fined or have their property taken from them without a court conviction. Also bear in mind that courts must comply with Chapter 3 of Australia’s Constitution.  Note that the Infringements Court is not a constitutionally recognised court.

Imperial Acts Application Act 1980 – SECT 8

PART II TRANSCRIBED ENACTMENTS

Transcribed enactments

8. Transcribed enactments

12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.

Legislation source: http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html