in part any registered infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or the further hearing of the matter for a period of up to 6 months. the purposes of subsection (2), the specified matters are— the person has a mental or intellectual impairment, disorder, disease or illness; or limiting paragraph (a), that special circumstances to the person; or having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh. the Magistrates' Court is not satisfied of a matter specified in subsection (3), the Court may make one or more of the following— order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; time to pay order; instalment order;
Division 2—Interim arrangements for work and development permits and internal review 61 New definitions inserted (1) In section 3(1) of the Infringements Act 2006 insert the following definitions— "accredited agency means an organisation accredited under Division 3A of Part 2 to provide a work and development permit under that Division; Example A health practice is an example of an organisation that might apply to become an accredited agency. accredited health practitioner means a person who is a qualified health practitioner accredited under Division 3A of Part 2 to provide a work and development permit under that Division; eligible person means a person— with an infringement notice; and (i) has a mental or intellectual disability, disorder or illness; or (ii) has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981; or
National Law to practise in the psychology profession (other than as a student); work and development permit a permit referred to in section 27A; work and development permit guidelines means the guidelines prepared by the AttorneyGeneral under section 27L.". (2) In section 3(1) of the Infringements Act 2006, in the definition of special circumstances— (a) in paragraph (c), for "offence;" substitute "offence; or"; (b) after paragraph (c) insert— "(d) family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence;". (3) In section 3(1) of the Infringements Act 2006, in the definition of VicRoads, for "2010." substitute "2010;". 62 Guidelines Section 5(1)(c)(iii) of the Infringements Act 2006 is repealed. 63 Application of Division 3 of Part 2 At the end of section 21 of the Infringements Act 2006 insert— "(2) This Division does not apply to an infringement notice to which any of the following provisions apply if the person was
order exceeds the term of that non-fine related sentence. the Court is satisfied of a matter specified in subsection (3) in respect of the person, the Court may make an order— in full any outstanding fine under any infringement warrant; or in part any outstanding fine under any infringement warrant; or in part any outstanding fine under an infringement warrant and order that the person be imprisoned for a term fixed in accordance with section 161E(1); or is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or the further hearing of the matter for a period of up to 6 months. the purposes of subsection (2), the specified matters are— the person has a mental or intellectual impairment, disorder, disease or illness; or limiting paragraph (a), that special circumstances apply to the person; or having regard to the person's situation, imprisonment would be