VIC Fine for using concession Myki Card

[Peter6122]

Today I was caught by an officer on the train that I was using (Card type Child 5 - 18 years inclusive) MYKI card and i am actually 19. First of all i wanna state a bit of my background. I am an overseas student who arrived in Australia last year (2018) when i was just turning 18, i went to a local shop to purchase a myki card at that time and that is for 5-18 y/o. In this June (2019) i tuned 19 and i didn't keep in mind that i should purchase another Full Fare Myki card and i kept using it. After i was caught i immediately purchased a Full Fare Myki card and transferred my current amount from Child to Full Fare. The officer got my address and name and the officer told me they will send a fine to my address. I got some questions upon this situation.

1. Is that any chance to appeal successfully if I can prove that I am not a regular myki user by my transcation record that i was not intentionally avoiding full fare ticket? (I rarely go outside, so rarely taking transport)

2. i always have a positive balance (more than enough) on my myki card would that be an evidence to show i am not intended to evade ticket?

3. Is there any chance that the fine to be switched to warning since this is my first fine ever?

4. Would this fine record as a criminal record in my profile since i intended to apply PR in the future? Furthermore, would this record show up at any documentation if i apply for any job in Australia?

5. i am currently studying a really professional subject in Australia and i got a huge finance base would it be a prove that i am not intended to evade Full Fare ticket?

Thank you for your time. I feel really devastated after today and i feel like my whole life is ended due to myki card fine. Looking forward to listening to every opinion from you guys.

 

[Scruff]

1, 2 & 5. No. Intention is not relevant with infringements of this type. Some law somewhere says that people over 18 must pay adult fare. It won't say anything about intention.

3. The only way to do that would be to challenge it in court and if you do that and lose, it will cost you more. It's not worth trying given that there is no doubt that you should have been paying adult fare.

4. No. It's an infringement notice, not a conviction. That said, it will show up whenever a check is done that requires access to your full records, such as applying for a visa or maybe a working with children check, but a minor infringement like that would be unlikely to have any negative effect.

The simple fact is that your intention is irrelevant. You paid for a child fare when you were required to pay an adult fare and that's all that matters under the law. Those facts are easily proven, so there really isn't anything that you can use to mount a challenge. Best thing is to pay the fine and move on.

 

[Tim W]

You have nothing.
Pay the fine and move on.

Don't worry, visa cancellation and immigration detention are not on the table here.