Division 3—Internal reviews 232 215 Application for internal review 233 217 What can an enforcement agency decide on review? 234 219 Penalty reminder notices 236 225 Heading to Division 7 of Part 2 amended 236 226 Decision to go to Court—lodgeable infringement offences 236 227 Going to Court—indictable offences 237 228 Avoiding service 237 Division 4—Payment plans 237 229 Establishment of the central payment plan facility 237 230 Payment plans available in certain circumstances 237 231 Payment plans 239 232 Section 48 substituted 239 233 Payment plans—additions, removals and cancellations 239 234 New sections 49A and 49B inserted 240 235 Allocation of money received under payment plan 241 236 Provision of current contact details 242 237 Section 52 substituted and new section 52A inserted 242 238 Section 53 amended 244 239 Guidelines 244 239A Oversight and monitoring by Secretary 244 239B Recommendations to enforcement agencies 245 239C Reports and recommendations to Attorney-General 245 Division 5—Repeals and further consequential amendments 245 240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed 245 241 Service of documents 246 242 Service deemed despite document being returned to sender 246 243 Sections 164, 165 and 166 repealed 246 244 Regulations—provisions repealed 246 246 Sections 190, 191, 205, 206 and 209A repealed 246 247 New Division 3 inserted into Part 16 247 Part 18—Consequential amendments to other Acts and repeal 251 Division 1—Associations Incorporation Reform Act 2012 251 248 Additional step for ongoing offence 251 Division 2—Australian Consumer Law and Fair Trading Act 2012 251 249 Prohibited debt collection practices 251 Division 3—Bail Act 1977 251 250 Where impracticable to bring person arrested before court 251 251 Admission to bail 252
fine be paid by the date of the adjourned hearing; community corrections centre means a community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means a community corrections officer appointed under Part 4 of the Corrections Act 1986; community work permit means a permit under Part 13; co-operative means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative; Council has the same meaning as it has in the Local Government Act 1989; court fine means a fine— (a) within the meaning of the Sentencing Act 1991; or (b) imposed on an offender by a court in accordance with any other Act; court fine collection statement means a statement under section 14; credit information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; credit reporting body has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; declared director means a director of a body corporate declared to be jointly and severally liable for a fine of a body corporate under section 29;
S. 46(2) amended by No. 59/2017 s. 17(2). (2) A payment arrangement may provide for the payment of any fine or any registered collection and enforcement order— (a) by instalments; or (b) by an extension of time to pay; or (c) by both instalments and an extension of time to pay. 47 Commencement of payment arrangements A payment arrangement commences when the Director receives the first payment by its due date in accordance with the proposed payment arrangement from the person to whom that arrangement was offered. 48 Payment arrangements—removals S. 48(1) amended by No. 59/2017 s. 18(a). (1) A person to whom a payment arrangement applies may request the removal of any infringement fine or court fine or registered collection and enforcement order from that person's payment arrangement. (2) If an enforcement agency withdraws an infringement notice for an infringement offence which was served on a person to whom a payment arrangement applies, the enforcement agency must request the Director to remove the infringement fine for the withdrawn infringement notice from the person's payment arrangement. S. 48(3) amended by No. 59/2017 s. 18(b)(c). (3) If a fine or a registered collection and enforcement order is removed from a payment arrangement in accordance with a request of a person under subsection (1) or an infringement fine is removed by an enforcement agency under subsection (2), any money paid in respect of that fine or that registered collection and enforcement order is—
S. 49(4)(a) amended by No. 59/2017 s. 19(3). (a) that person has already paid the fine or the registered collection and enforcement order in full; and (b) in the case of an infringement offence, that infringement offence has been expiated by that payment. Note See also section 57 for effect of cancellation if fine remains outstanding. 50 Variation of payment arrangement (1) A person to whom a payment arrangement applies may apply to the Director for a variation of the terms of the payment arrangement. (2) The Director, in the Director's discretion, may vary the terms of a payment arrangement. (3) A person who applies for a variation under subsection (1) must continue to comply with the current terms of a payment arrangement pending a decision by the Director to vary those terms or refuse the application. (4) The Director must give written notification to the applicant of the Director's decision to vary the payment arrangement or to refuse the application for variation as soon as practicable after the decision is made. (5) If a variation is refused by the Director, the terms of the payment arrangement continue as they applied before the application for variation. S. 51 substituted by No. 59/2017 s. 20. 51 Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made
(a) has made the first payment under a payment arrangement; or (b) has not rejected a proposed payment arrangement under section 45(5); or (c) has applied for a payment arrangement which has not been determined; or S. 121(2)(d) amended by No. 29/2016 s. 34(1)(a). (d) has applied for an enforcement review which has not been determined; or S. 121(2)(e) inserted by No. 29/2016 s. 34(1)(b), substituted by No. 59/2017 s. 86. (e) is the subject of an application for a work and development permit which has not been determined; or S. 121(2)(f) inserted by No. 29/2016 s. 34(1)(b). (f) has applied for an attachment of earnings direction which has not been determined; or S. 121(2)(g) inserted by No. 29/2016 s. 34(1)(b). (g) has applied for an attachment of debts direction which has not been determined. S. 121(3) substituted by No. 29/2016 s. 34(2). (3) If an application referred to in subsection (2)(c), (d), (e), (f) or (g) has been made by the fine defaulter, no step may be taken in the execution of an enforcement warrant until the application is determined. S. 122 (Heading) amended by No. 59/2017 s. 36(1). 122 Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order S. 122(1) substituted by No. 59/2017 s. 36(2). (1) If, before the issue of an enforcement warrant, it appears to the registrar that part of the registered fine or registered collection and enforcement
126 Application of Part (1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant. (2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act. 127 Detention or immobilisation of motor vehicles (1) If a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued or the sheriff or a police officer finds parked or left standing such a motor vehicle, the sheriff or police officer may— (a) detain or immobilise, whether by wheel clamps or any other means, that motor vehicle, whether attended or not; and (b) if necessary, remove that motor vehicle to a convenient place, including if appropriate a place of impoundment. (2) This section applies despite Part 10 and anything to the contrary in an enforcement warrant. 128 Powers to detain, immobilise and seize (1) In order to detain, immobilise or seize a motor vehicle under this Part, a police officer or the sheriff may do all or any of the following— (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; (b) break and enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle;
139 Application of Part (1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant. (2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act. 140 Power to remove number plates The sheriff or a police officer may remove from that motor vehicle the number plates issued by VicRoads if— (a) a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued; or (b) the sheriff or a police officer finds parked or left standing such a motor vehicle. S. 141 amended by No. 29/2016 s. 36 (ILA s. 39B(1)). 141 Notice to be provided on removal of number plates (1) If the sheriff or a police officer removes the number plates from a motor vehicle under section 140, the sheriff must— (a) attach to the windscreen of the motor vehicle a notice that states— (i) that the number plates have been removed because the registered operator of the motor vehicle is a person against whom one or more enforcement warrants have been issued; and (ii) the registration number of the motor vehicle; and
(v) is delivered to the officer in charge of a prison or police gaol; or (b) who is a fine defaulter against whom an enforcement warrant is executed and under that enforcement warrant there is a registered collection and enforcement order made in respect of a registered infringement fine; relevant infringement fine means— (a) a registered infringement fine; or (b) a registered collection and enforcement order made in respect of an outstanding registered infringement fine. S. 164 (Heading) amended by No. 59/2017 s. 40(1). 164 Person in default to be brought before the Magistrates' Court S. 164(1) amended by No. 59/2017 s. 40(2). (1) A person in default must be brought before the Magistrates' Court within 24 hours after being arrested. S. 164(2) amended by No. 59/2017 s. 40(3)(a). (2) If it is not practicable to bring a person in default before the Magistrates' Court within 24 hours after being arrested— S. 164(2)(a) amended by No. 59/2017 s. 40(3)(b). (a) a date for the person in default to attend before the Magistrates' Court must be fixed; and S. 164(2)(b) amended by No. 59/2017 s. 40(3)(c). (b) the person in default must be discharged from custody on bail under section 10 of the Bail Act 1977. S. 164(3) amended by No. 59/2017 s. 40(4). (3) A person in default arrested under an enforcement warrant may be discharged from custody on bail under section 10 of the Bail Act 1977.
S. 166(1) amended by Nos 29/2016 s. 41(1), 59/2017 s. 44(1). (1) A person in default may apply to the Magistrates' Court to vary an instalment order made under section 165A(2)(b). S. 166(2) amended by No. 59/2017 s. 44(2). (2) On the person in default applying under subsection (1), the Magistrates' Court may vary the instalment order if satisfied— S. 166(2)(a) amended by No. 59/2017 s. 44(2). (a) that the circumstances of the person in default have materially altered since the order was made and as a result the person in default is unable to comply with the order; or S. 166(2)(b) amended by No. 59/2017 s. 44(2). (b) that the circumstances of the person in default were wrongly stated or were not accurately presented to the Magistrates' Court. 167 Application for rehearing in certain circumstances S. 167(1) amended by Nos 29/2016 s. 41(2)(a), 59/2017 s. 45(1). (1) If the Magistrates' Court makes an order under section 165(3)(e), the person in default may apply for a rehearing of the matter. (2) An application under subsection (1) is to be in accordance with the rules of court (if any). (3) A rehearing may only be sought on the basis that— (a) at the time of the hearing— S. 167(3)(a)(i) amended by No. 59/2017 s. 45(2). (i) the person in default had a mental or intellectual impairment, disorder, disease or illness; or
S. 168(2)(b)(ii) amended by Nos 29/2016 s. 41(3)(c), 59/2017 s. 46(c). (ii) lift a stay on an instalment order (if any) made in respect of the person in default under section 165A(2)(b). (3) Subject to section 167(4), the Magistrates' Court may only rehear a matter once. 169 Application for bail pending rehearing S. 169(1) amended by Nos 29/2016 s. 41(4), 59/2017 s. 47(a). (1) A person in default serving an order of imprisonment under section 165(3)(e) who makes an application under section 167 may apply to the Magistrates' Court to be granted bail in accordance with the Bail Act 1977. S. 169(2) amended by No. 59/2017 s. 47(b). (2) On an application for bail under subsection (1), the Magistrates' Court may grant the person in default bail pending the rehearing of the matter. S. 170 amended by No. 29/2016 s. 41(4), substituted by No. 59/2017 s. 48. 170 Order to imprison person in default stayed If a person in default who is in custody makes an application under section 167 and is granted bail, the order made under section 165(3)(e) to imprison the person in default is stayed until the rehearing is determined. S. 171 (Heading) amended by No. 59/2017 s. 49(1). 171 Reduction of imprisonment by payment of part of relevant infringement fine S. 171(1) amended by No. 59/2017 s. 49(2). (1) Despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary or anything in any enforcement warrant, if a person in default is imprisoned under a warrant to imprison issued under section 68 of the Magistrates' Court Act 1989— S. 171(1)(a) amended by No. 59/2017 s. 49(3). (a) the whole or any part of any relevant infringement fine may be paid by or on behalf of the person in default to the officer
(5) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person— S. 171C(5)(a) amended by No. 59/2017 s. 53(3). (a) did not have the capacity to pay the relevant infringement fine; or (b) had another reasonable excuse for the nonpayment. (6) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. (7) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. S. 171D inserted by No. 29/2016 s. 42. 171D Additional powers of the Magistrates' Court S. 171D(1) amended by No. 59/2017 s. 54(a). (1) If the Magistrates' Court makes an order under section 171C(2)(b) discharging in part any relevant infringement fine, the Court, in respect of any undischarged relevant infringement fine, may make— (a) a time to pay order; or (b) an instalment order. S. 171D(2) amended by No. 59/2017 s. 54(b). (2) If the Magistrates' Court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any relevant infringement fine—
(3) Subject to section 171H(4), the Magistrates' Court may only rehear a matter once. S. 171J inserted by No. 29/2016 s. 42. 171J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 171C(4)(e) who makes an application under section 171H may apply to the Magistrates' Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Magistrates' Court may grant the person bail pending rehearing of the matter. S. 171K inserted by No. 29/2016 s. 42. 171K Person in custody If a person who is in custody makes an application under section 171H and is granted bail, the order made under section 171C(4)(e) to imprison the person is stayed until the rehearing is determined. Pt 14 Div. 3 (Heading) inserted by No. 29/2016 s. 43. Division 3—Enforcement and payment reports 172 Enforcement and payment report S. 172(1) substituted by No. 29/2016 s. 44(1). (1) The Director must prepare an enforcement and payment report if— S. 172(1)(a) substituted by No. 59/2017 s. 56(1). (a) in accordance with section 15D a collection order is referred to a court on a person being in default; or S. 172(1)(b) substituted by No. 59/2017 s. 56(1). (b) in accordance with section 21(1)(c) a person is charged with an offence following the determination not to enforce the registered infringement fine; or S. 172(1)(c) substituted by No. 59/2017 s. 56(1). (c) in accordance with section 38(1)(a)(iii) a person is charged with an offence on the withdrawal of the infringement notice; or
177 Access to and use of information held by credit reporting bodies On the written request of the Director or the sheriff, a credit reporting body is authorised to disclose to the Director or the sheriff relevant information about a fine defaulter for the purposes of the Director or the sheriff taking enforcement action under this Act against the fine defaulter. 178 Certain agencies may give information for enforcement purposes (1) For the purpose of the enforcement of registered fines, directions and warrants under this Act, the Director, the sheriff and any contractor or supporting the functions of the Director or the sheriff may request information that may assist in carrying out that purpose from any person or body. (2) On the written request of the Director, the sheriff or any contractor or sub-contractor supporting the functions of the Director or the sheriff, a specified enforcement information agency may give the person or body making the request access to any information held by the agency that may be of use in the enforcement of registered fines, directions and warrants under this Act. (3) A person who obtains access to any information as a result of a request made under this section may use the information to enforce registered fines, directions and warrants under this Act but is otherwise subject to all the requirements and restrictions concerning the handling, use and disclosure of the information that apply to the person who provided, or granted access to, the information in response to the request. S. 178(4) amended by No. 59/2017 s. 90. (4) In this section, specified enforcement information agency means a person or body—
(a) for "Part 9 of the Infringements Act 2006" substitute "Part 6 of the Fines Reform Act 2014"; (b) for "an infringements registrar" substitute "a registrar". 281 Regulations In section 140(1)(b) of the Magistrates' Court Act 1989, for "as infringements registrar" substitute "under the Fines Reform Act 2014". Division 14—Marine (Drug, Alcohol and Pollution Control) Act 1988 S. 282 substituted by No. 29/2016 s. 55. 282 Extension of time to object if no actual notice In section 61B(3)(b) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". S. 283 substituted by No. 29/2016 s. 56. 283 Section 61C amended (1) In the heading to section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". (2) In section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". Division 15—Melbourne City Link Act 1995 284 Section 86 of the Melbourne City Link Act 1995 amended (1) In the heading to section 86 of the Melbourne City Link Act 1995, after "Infringements Act" insert "2006 or Fines Reform Act 2014".
In section 19B of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 115 of the Infringements Act 2006" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014.". 298 Cancellation, suspension or variation of licences and permits by Corporation (1) For section 24(1A) of the Road Safety Act 1986 substitute— "(1A) If directed to do so by the Director, Fines Victoria under section 89(1)(a) of the Fines Reform Act 2014, the Corporation must suspend a driver licence or permit of a person in respect of whom the direction applies until the Director, Fines Victoria notifies the Corporation that the sanction has ceased under section 91 of that Act.". (2) In section 24(1B) of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 111 of the Infringements Act 2006" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014". 299 Section 30AA of the Road Safety Act 1986 amended (1) In the heading to section 30AA of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". (2) In section 30AA of the Road Safety Act 1986, for "Part 8 of the Infringements Act 2006" substitute "Part 8 of the Fines Reform Act 2014". 300 Extension of time if no actual notice for certain traffic infringements