An infringement penalty must be paid within the period specified in the infringement notice, being a period not less than 28 days after an infringement notice has been served. 15 Late payment An enforcement agency may accept payment of an infringement penalty after the expiry of the time for payment stated in the infringement notice if— (a) the infringement notice has not been withdrawn; and S. 15(b) substituted by No. 32/2006 s. 10. (b) in the case of— (i) a lodgeable infringement offence for which an infringement notice was served on a person other than a child, the details of the infringement penalty in respect of that offence have not been lodged with an infringements registrar under section 54; or S. 15(b)(ii) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3). (ii) an infringement offence for which an infringement notice was served on a child, the details of the infringement penalty in respect of that offence have not been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005. S. 16 (Heading) amended by No. 32/2006 s. 11(1). 16 Person may elect to have matter heard in Court or Children's Court s. 16 S. 16(1) amended by No. 32/2006 s. 11(2)(a). (1) A person served with an infringement notice may elect to have the matter of the infringement offence heard and determined in the Court— (a) in the case of a lodgeable infringement offence, at any time before an enforcement order is made;
S. 17(3) inserted by No. 32/2006 s. 12(4), amended by No. 68/2009 s. 97(Sch. item 70.4). (3) In the case of an infringement notice served on a child, an enforcement agency may withdraw the infringement notice and file a charge-sheet and summons in the Children's Court for the matter to be dealt with at any time— S. 17(3)(a) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3). (a) in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005, before an enforcement order under that Schedule is made; (b) in the case of any other infringement offence, before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates. 18 Withdrawal of infringement notice s. 18 (1) An enforcement agency may withdraw an infringement notice by serving a withdrawal notice on the person served with the infringement notice— (a) in the case of a lodgeable infringement offence, at any time before an enforcement order is made; and S. 18(1)(b) substituted by No. 32/2006 s. 13(1), amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3). (b) in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005, at any time before an enforcement order under that Schedule is made; S. 18(1)(c) inserted by No. 32/2006 s. 13(1). (c) in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation
S. 19(b)(iv) amended by No. 32/2006 s. 14(1). (iv) taking any other specified action permitted under this Act or the Act or other instrument which establishes the infringement offence. 20 Effect of withdrawal S. 20(1) amended by No. 32/2006 s. 14(2)(a). (1) Subject to this Act, the withdrawal of an infringement notice does not affect any other procedure or action that can be taken under this Act or any other Act. (2) This section applies to an infringement notice— (a) withdrawn by withdrawal notice; or S. 20(2)(b) amended by No. 32/2006 s. 14(2)(b). (b) deemed to be withdrawn by a provision of this Act or any other Act. Division 3—Internal reviews 21 Application of Division s. 21 This Division does not apply to an infringement notice or an infringement offence of a kind to which any of the following provisions apply— (a) sections 89A to 89D of the Road Safety Act 1986; S. 21(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 26.5) (as amended by No. 45/2010 s. 22). (b) section 215C of the Transport (Compliance and Miscellaneous) Act 1983;
circumstances apply to the person served with the infringement notice, after reviewing a decision under section 24, an enforcement agency may— (a) confirm the decision to serve an infringement notice; (b) withdraw the infringement notice and serve an official warning in place of the infringement notice; (c) withdraw the infringement notice. S. 25(3) amended by Nos 32/2006 s. 16(4), 68/2009 s. 97(Sch. item 70.6). (3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the enforcement agency must refer the matter to the Court in accordance with this Part or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge-sheet and summons in the Children's Court for the matter to be dealt with in that Court. 26 Time to pay if decision confirmed s. 26 (1) Subject to subsection (2), if an enforcement agency confirms a decision to serve an infringement notice under section 25(1)(a), the person must pay the infringement penalty and any prescribed costs by whichever of the following dates occurs latest in time— s. 26 (a) the due date specified in the infringement notice; or S. 26(1)(b) substituted by No. 32/2006 s. 16(5). (b) the due date specified in the penalty reminder notice; or S. 26(1)(c) inserted by No. 32/2006 s. 16(5). (c) within 14 days after the person has been served with written notice advising of the outcome of the review.
S. 28 amended by No. 32/2006 s. 18(1). 28 Application of Division This Division, except section 29, does not apply to an infringement notice or an infringement offence of a kind to which any of the following provisions apply— (a) sections 89A to 89D of the Road Safety Act 1986; S. 28(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 26.6) (as amended by No. 45/2010 s. 22). (b) section 215C of the Transport (Compliance and Miscellaneous) Act 1983; S. 28(c) amended by No. 65/2010 s. 420(Sch. 3 item 8). (c) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988. 29 Penalty reminder notices (1) An enforcement agency may serve a penalty reminder notice on a person on whom an infringement notice was served if it appears to the enforcement agency that an infringement penalty has not been paid— (a) within the period for payment specified in the infringement notice; or s. 28 (b) if an application for internal review under Division 3 has been made and no previous penalty reminder notice has been served in respect of the infringement notice, within the time specified in section 26. (2) If a payment plan applies to a person, an enforcement agency may serve a penalty reminder notice on that person if it appears to the enforcement agency that no previous penalty
reminder notice has been served in respect of the infringement notice and the person has— (a) cancelled the payment plan; or (b) removed an infringement penalty and prescribed costs in respect of an infringement offence from a payment plan; or (c) is in default of a payment of the payment plan. S. 29(3) amended by No. 32/2006 s. 18(2). (3) If a person is served with a penalty reminder notice in relation to an infringement notice, the time for payment of the infringement penalty is extended for a period specified in the penalty reminder notice, being a period not less than 28 days after the penalty reminder notice has been served. (4) The infringement penalty together with any prescribed costs may be paid within the extended period as if the infringement notice or law under which the notice was served also required the payment of those costs. (5) A penalty reminder notice must be in writing and contain the prescribed details. S. 30 (Heading) amended by No. 32/2006 s. 19(1). 30 Person may elect to have matter heard and determined in Court or Children's Court s. 30 S. 30(1) amended by No. 32/2006 s. 19(2). (1) A person who has been served with a penalty reminder notice may elect to have the matter of the infringement offence heard and determined in the Court or, in the case of an infringement notice served on a child, heard and determined in the Children's Court.
that the applicant supplied false or misleading information in the application about the applicant's financial circumstances, the infringements registrar may— S. 77(6)(a) amended by No. 87/2009 s. 44(4)(b). (a) set aside the payment order or the order varying the prescribed costs or prescribed fees; and (b) issue an infringement warrant against the person or release the stay on the execution of the warrant imposed under subsection (5)(b), as the case requires. S. 77(7) inserted by No. 87/2009 s. 44(5). (7) If an infringements registrar has made a payment order and an infringement warrant has been issued in respect of the enforcement order to which the payment order relates before the payment order was made, the infringements registrar may stay the infringement warrant under section 94A. s. 77 S. 77(8) inserted by No. 87/2009 s. 44(5). (8) If an infringements registrar makes an order under section 94A staying an infringement warrant and the fine to which the payment order relates is subsequently paid in full, the stay on the infringement warrant ceases and the warrant expires. S. 77(9) inserted by No. 87/2009 s. 44(5). (9) If an infringements registrar makes an order under section 94A staying an infringement warrant and the person defaults before full payment of the fine to which the payment order relates has been paid— (a) if the default occurs before the end of 5 years after the infringement warrant was first issued, the infringement warrant remains enforceable until it becomes null and void under section 94; or (b) if the default occurs more than 5 years after the infringement warrant was first issued, the infringement warrant is null and void.
section 89(1) has expired may, with the signed written consent of the person against whom the infringement warrant is or infringement warrants are issued, seize or take in the execution of it or them personal property— (a) that is used by that person primarily as a means of transport; and (b) that could not, but for this subsection, be seized or taken because of section 42 of the Supreme Court Act 1986. s. 93 (3) A consent given by a person under subsection (2) is only effective if— (a) it is given after the delivery to the person by a person authorised to execute the infringement warrant or infringement warrants of a written statement containing the prescribed details and setting out the effect of giving the consent; and (b) a copy of the signed written consent has been delivered to the person giving the consent. (4) If personal property referred to in subsection (2) is seized or taken in execution of an infringement warrant or infringement warrants in accordance with that subsection— (a) the proceeds of sale of the property must be applied towards the amounts named in the infringement warrant or infringement warrants together with all lawful costs of execution; and (b) any amount remaining after those amounts and costs have been paid— (i) must be applied to satisfy any other unexecuted infringement warrant issued against that person irrespective of when it was issued; and
(a) payment in full of— S. 100(1)(a)(i) amended by No. 9/2008 s. 24(4)(a). (i) the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order; and (ii) any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part; S. 100(1)(b) substituted by No. 9/2008 s. 24(4)(b). (b) the registered operator becomes subject to a payment order; S. 100(1)(c) amended by No. 9/2008 s. 24(4)(c). (c) an attachment of earnings order or an attachment of debts order is made in relation to the registered operator; (d) an application for revocation of the enforcement order is granted by an infringements registrar or the Court; (e) an application against a refusal to revoke an enforcement order is granted; S. 100(1)(f) amended by No. 9/2008 s. 24(4)(d). (f) seizure of property under this Act sufficient to satisfy the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order; (g) in the case of a natural person, including a director to whom a declaration under section 91 applies, the person is arrested under this Act; S. 100(1)(h) amended by No. 9/2008 s. 24(4)(e). (h) the infringement warrant or warrants, as the case requires, issued against the person has or have been recalled and cancelled by an infringements registrar;
subsection (1) being made which applies to, one or more infringement warrants in respect of which a person has not made an application of the kind referred to in subsection (3A). S. 110(4) inserted by No. 32/2006 s. 36(2). (4) The sheriff may serve a notice of intention under subsection (2) whether or not the person whose driver licence is to be suspended is a person in default at the time of the service of that notice of intention. 111 When does suspension of driver licence cease? s. 111 The sheriff must notify VicRoads that the suspension of a driver licence suspended under section 24(1A) of the Road Safety Act 1986 has ceased when any of the following occurs— S. 111(a) amended by No. 9/2008 s. 31(a). (a) payment in full of the amount outstanding under every infringement warrant or enforcement order to which the direction under section 110(1) applies; S. 111(b) amended by No. 9/2008 s. 31(b). (b) the person whose driver licence has been suspended in accordance with this Act becomes subject to a payment order in respect of every infringement warrant or enforcement order to which the direction under section 110(1) applies; S. 111(c) amended by No. 9/2008 s. 31(c). (c) an attachment of earnings order or an attachment of debts order is made in relation to the person for the amount outstanding; S. 111(d) amended by No. 9/2008 s. 31(d). (d) an application for revocation of the enforcement order is granted by an infringements registrar or the Court and there are no other infringement warrants or enforcement orders to which the direction under section 110(1) applies;
(c) to pay the amount outstanding under the infringement warrant or warrants (as the case requires); (d) to pay any amount remaining to the person whose interest in land was subject to the charge under this Part and, if appropriate, to any other person recorded in the Register kept under the Transfer of Land Act 1958 as having an interest in the land. s. 146 __________________ Division 1—Community work permits S. 146A inserted by No. 32/2006 s. 40. 146A Definition In this Part, sheriff includes a person to whom the sheriff has given a direction under section 84(5). 147 When a community work permit may be issued s. 146A S. 147(1) amended by No. 32/2006 s. 41(1). (1) Subject to this Part, this Division applies if an infringement offender is eligible to perform unpaid community work under a community work permit and consents to do so. S. 147(2) substituted by No. 32/2006 s. 41(2). (2) A community work permit must not be issued under this Division to an infringement offender in respect of one or more infringement warrants if the total amount of the outstanding fines under that infringement warrant or those infringement warrants exceeds an amount equivalent to the value of 100 penalty units. S. 147(3) inserted by No. 32/2006 s. 41(2). (3) A community work permit must not be issued under this Division to an infringement offender unless the sheriff is satisfied that the infringement offender—
(d) discharge up to two thirds of the outstanding fines; or S. 160(2)(da) inserted by No. 9/2008 s. 40(1). (da) discharge up to two thirds of the outstanding fines and order that the infringement offender be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, to which the remaining undischarged amount of the outstanding fines under the infringement warrant or warrants is an equivalent amount; or (e) adjourn the further hearing of the matter for a period of up to 6 months. (3) If the Court is satisfied that, having regard to the infringement offender's situation, imprisonment would be excessive, disproportionate and unduly harsh the Court may— S. 160(3)(a) amended by No. 32/2006 s. 48(4)(b). (a) order the infringement offender to be imprisoned for a period that is up to two thirds less than one day in respect of each penalty unit, or part of a penalty unit, of the penalty units to which the amount of the outstanding fines is an equivalent amount; or (b) discharge the outstanding fines in full; or (c) discharge up to two thirds of the outstanding fines; or S. 160(3)(ca) inserted by No. 9/2008 s. 40(2). (ca) discharge up to two thirds of the outstanding fines and order that the infringement offender be imprisoned for a period that is up to two thirds less than one day in respect of each penalty unit, or part of a penalty unit, of the penalty units to which the undischarged amount of the outstanding fines is an equivalent amount; or
S. 162(4)(c) substituted by No. 81/2006 s. 32(3). (c) if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, to the last address of the person who is the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the motor vehicle or trailer involved in the offence at the time of the offence; or S. 162(4)(d) substituted by No. 81/2006 s. 32(3). (d) if the infringement notice was issued in respect of an offence against section 73(1) of the Link Act 1995— (i) to the last address of the person who is the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence at the time of the offence; or (ii) to the last address of the driver of that vehicle as shown in a statement or declaration supplied in accordance with section 72(3) of the Melbourne City Link Act 1995; or s. 162 S. 162(4)(e) amended by No. 32/2006 s. 50(1)(b). (e) if the infringement notice was issued in respect of an offence against section 204 of the EastLink Project Act 2004— (i) to the last address of the owner of the vehicle within the meaning of that Act; or (ii) if a statement or declaration has been supplied under section 199 or 219 of that Act, to the last address of the person alleged in that statement or declaration to have been the driver of the vehicle. (5) Any other document served by post under this Act may be addressed to the address for service given
Assent Date: 26.6.07 Commencement Date: S. 25 on 27.6.07: s. 2 : This information relates only to the provision/s amending the Infringements Act 2006 Accident Towing Services Act 2007, No. 30/2007 Assent Date: 24.7.07 Commencement Date: S. 236 on 1.1.09: s. 2(3) : This information relates only to the provision/s amending the Infringements Act 2006 Infringements and Other Acts Amendment Act 2008, No. 9/2008 Assent Date: 18.3.08 Commencement Date: Ss 12–40 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 : This information relates only to the provision/s amending the Infringements Act 2006 Unclaimed Money Act 2008, No. 44/2008 Assent Date: 26.8.08 Commencement Date: S. 112 on 1.1.09: s. 2(2) : This information relates only to the provision/s amending the Infringements Act 2006 Endnotes Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 70) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Infringements Act 2006 Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009 (as amended by No. 30/2010) Assent Date: 15.12.09 Commencement Date: Ss 40, 43–57 on 17.12.09: Government Gazette 17.12.09 p. 3338; ss 41, 42 on 1.11.10: s. 2(5) : This information relates only to the provision/s amending the Infringements Act 2006 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 26) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Infringements Act 2006 Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010