police officer has the same meaning as it has in the Victoria Police Act 2013; production of information direction means a direction made under section 59; public sector body has the same meaning as it has in the Public Administration Act 2004; registered court fine means a court fine that has been registered with the Director under Part 3 for enforcement and includes any enforcement costs; registered fine means either or both of the following— s. 3 (a) a registered court fine; (b) a registered infringement fine; registered infringement fine means an infringement fine registered with the Director under Part 3 for enforcement and includes any enforcement costs; registered operator has the same meaning as it has in the Road Safety Act 1986 and includes, in the case of an unregistered motor vehicle, the last registered operator; registrar means a registrar within the meaning of the Magistrates' Court Act 1989; relevant information, in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information; required information in Division 1 of Part 15, in relation to a person— (a) in respect of whom a notice of final demand has been served; or
traffic infringement has the same meaning as it has in the Road Safety Act 1986; vehicle has the same meaning as it has in the Road Safety Act 1986; vehicle seizure and sale notice means a notice under section 132(2); VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010; work and development permit has the same meaning as it has in the Infringements Act 2006. s. 3 __________________ 4 Director, Fines Victoria s. 4 There is to be a Director, Fines Victoria employed under Part 3 of the Public Administration Act 2004. 5 Functions and powers of the Director The Director has the following functions— (a) to enforce registered infringement fines; (b) to manage the collection of court fines; (c) to enforce registered court fines; (d) to oversee, monitor and report on the infringement activity of enforcement agencies and the operation of internal review processes;
(2) If a court makes an order referred to in subsection (1), the offender may— (a) if the offender decides to pay the fine on the same day the order is made, pay the fine to the court that imposed the fine; or (b) if the offender decides to pay the fine any time after the day the fine is imposed up until the day the fine is due, pay the fine to the Director. (3) If a court makes an instalment order under section 56 of the Sentencing Act 1991 or a time to pay order under section 59 of that Act in respect of a court fine, the Director must collect and manage the court fine in accordance with any terms specified by the court in the order. (4) Subject to subsection (3), the Director may manage any court fine referred to the Director for collection and management under this section as if the Director had made a payment arrangement for that court fine with the offender. 14 Court fine collection statement s. 14 (1) As soon as practicable after a court fine is referred to the Director in accordance with section 13, the Director must serve a court fine collection statement on the offender. (2) A court fine collection statement must— (a) be in writing; and (b) specify— (i) the court order made in respect of the offender; and (ii) that failure to comply with the court order may result in the fine being registered for enforcement by the Director; and
1988 (as the case requires), the person is not liable to any further proceedings for the offence alleged to have been committed; and (c) the issuing of the notice of final demand does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and (d) payment in accordance with the notice of final demand is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence. (2) Any amount recovered as a result of issuing a notice of final demand must be paid into the Consolidated Fund unless the relevant Act or other instrument that creates the infringement offence requires that the amount be paid into another fund. (3) Despite anything to the contrary in this section, the issuing of a notice of final demand in relation to a traffic infringement does not prevent the incurring of demerit points under the Road Safety Act 1986 in relation to the traffic infringement. Division 5—Fines of bodies corporate 26 Registered fine of body corporate is recoverable as debt s. 26 (1) On the registration of a fine for which a body corporate is liable— (a) that fine becomes a debt due and payable to the State of Victoria; and (b) the Director is authorised to recover the amount payable in any court of competent jurisdiction as a debt due to the Crown; and
(b) the applicant is notified of the outcome of the enforcement review. 37 Outcome of enforcement review s. 37 (1) After conducting an enforcement review, the Director may— (a) confirm— (i) the decision of an enforcement agency to serve an infringement notice; and (ii) that enforcement of the infringement fine under this Act should proceed; or (b) cancel the enforcement of the infringement fine and refer the matter back to the enforcement agency. (2) Within 21 days of making a decision on the enforcement review, the Director must— (a) notify the applicant advising of the outcome of the enforcement review; and (b) notify the enforcement agency of that outcome if the enforcement of the infringement fine is cancelled under subsection (1)(b). 38 Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation (1) An enforcement agency that receives notice of an enforcement cancellation must, within 28 days of the date of that notice— (a) do one of the following— (i) withdraw the infringement notice and take no further action; (ii) withdraw the infringement notice and issue an official warning;
community work permit is one hour for each 02 penalty unit or part of 02 penalty unit of the outstanding registered infringement fines expressed as an amount equivalent to penalty units in relation to the enforcement warrants to which the permit applies with a minimum of 8 hours and a maximum of 500 hours. (2) Subject to subsection (3), the total number of hours to be worked in any period of 7 days must not exceed 20. (3) An infringement offender may work up to 40 hours in a period of 7 days if the infringement offender— (a) requests to do so; and (b) signs a written consent to working the extra number of hours. (4) The number of hours of unpaid community work specified in a community work permit must be performed over a period not exceeding the period specified in column 2 of the table below opposite the corresponding number of hours specified in column 1 of that table. TABLE Item Column 1 Hours of unpaid community work Column 2 Maximum period of order 1 376 to 500 24 months 2 3 4 5 251 to 375 126 to 250 51 to 125 50 or less 18 months 12 months 6 months 3 months 157 Secretary may direct infringement offender to report at another place s. 157 (1) If, because an infringement offender has changed the offender's place of residence or for any other
commencement day means the day on which section 247 of the Fines Reform Act 2014 comes into operation. 213 General transitional provision (1) This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) Except as specifically provided, this Part does not affect or take away from any other transitional provision. 214 Infringement notices and penalty reminder notices (1) Subject to this Part and anything to the contrary in this Act or the Fines Reform Act 2014, on and from the commencement day, this Act and the Fines Reform Act 2014 apply to any infringement notice irrespective of whether the infringement notice was issued before, on or after the commencement day. (2) Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was served on a person before the commencement day— (a) the date specified in the infringement notice as the time by which the person served with the notice must pay the infringement penalty specified in the infringement notice is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than
Division 1—Associations Incorporation Reform Act 2012 248 Additional step for ongoing offence s. 248 See: Act No. 20/2012, and amending Act Nos 21/2012, 9/2013, 57/2013, 70/2013 and 17/2014. LawToday: www. legislation. vic.gov.au In section 213(6) and (7)(b) of the Associations Incorporation Reform Act 2012, for "Infringements Act 2006" substitute "Fines Reform Act 2014". Division 2—Australian Consumer Law and Fair Trading Act 2012 249 Prohibited debt collection practices See: Act No. 21/2012, and amending Act Nos 21/2012, 81/2012, 9/2013, 57/2013, 16/2014 and 17/2014. LawToday: www. legislation. vic.gov.au In section 45(4) of the Australian Consumer Law and Fair Trading Act 2012, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".
Division 4—Children, Youth and Families Act 2005 252 CAYPINS procedure s. 252 See: Act No. 96/2005. Reprint No. 4 as at 27 March 2013 and amending Act Nos 96/2005, 51/2006, 9/2013, 30/2013, 52/2013, 63/2013, 67/2013, 74/2013, 17/2014, 19/2014 and 26/2014. LawToday: www. legislation. vic.gov.au In section 581(2) of the Children, Youth and Families Act 2005, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 253 Application for registration of infringement penalty (1) In clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005— (a) for subparagraph (ii) substitute— "(ii) who has agreed to pay an infringement penalty by a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014, but who has subsequently defaulted on payment of that plan or that payment arrangement; or";
that Act advising the person that the person is in default.". Division 10—Education and Care Services National Law Act 2010 263 Infringements law s. 263 See: Act No. 69/2010 and amending Act Nos 69/2010 and 80/2011. LawToday: www. legislation. vic.gov.au At the end of section 12 of the Education and Care Services National Law Act 2010 insert— "(2) For the purposes of the definition of infringements law in section 5 of the Education and Care Services National Law (Victoria), the Fines Reform Act 2014 and the regulations made under that Act are declared, for the purpose of enforcing an infringement notice, to be an infringements law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).". Division 11—Graffiti Prevention Act 2007 264 Forfeiture of graffiti implements s. 264 See: Act No. 59/2007. Reprint No. 1 as at 17 October 2012 and amending Act No. 70/2013. LawToday: www. legislation. vic.gov.au In section 24(2) of the Graffiti Prevention Act 2007— (a) after paragraph (c) insert— "(ca) the person commences a payment arrangement under section 47 of the Fines Reform Act 2014; or (cb) a notice of final demand under the Fines Reform Act 2014 is served in relation to the infringement offence; or"; (b) in paragraph (d), omit "under section 59 of the Infringements Act 2006 or". 265 Return of seized items when no proceedings brought etc.
2009 Division 1—Sheriff Act 2009 317 Definitions s. 317 See: Act No. 9/2009 and amending Act Nos 87/2009, 65/2011, 30/2013, 32/2013 and 70/2013. LawToday: www. legislation. vic.gov.au In section 3 of the Sheriff Act 2009— (a) in the definition of court and enforcement legislation, after paragraph (e) insert— "(ea) the Fines Reform Act 2014;"; (b) in paragraph (d) of the definition of criminal warrant, for "infringement" substitute "enforcement"; (c) in paragraph (b) of the definition of money warrant, for "infringement" substitute "enforcement"; (d) in paragraph (b) of the definition of seven day demand, for "within the meaning of the Infringements Act 2006" substitute "issued under the Fines Reform Act 2014"; (e) insert the following definitions— "enforcement warrant has the same meaning as it has in the Fines Reform Act 2014; notice of final demand has the same meaning as it has in the Fines Reform Act 2014;"; (f) the definitions of enforcement order, enforcement order notice and infringement warrant are repealed.