Version No. 047 Infringements Act 2006 No. 12 of 2006 Version incorporating amendments as at 1 July 2017 The Parliament of enacts as follows: 1 Purposes The main purposes of this Act are— (a) to provide for a new framework for the issuing and serving of infringement notices for offences and the enforcement of infringement notices; (b) to amend the Magistrates' Court Act 1989, the Road Safety Act 1986 and the Subordinate Legislation Act 1994. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2007, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of accredited agency inserted by No. 29/2016 s. 61(1). 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.
S. 3(1) def. of accredited health practitioner inserted by No. 29/2016 s. 61(1). 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; S. 3(1) def. of additional steps amended by No. 32/2006 s. 4(1)(a). additional steps, in relation to an infringement offence, means any additional steps which have to be taken under the Act or other instrument creating the offence to expiate the offence to which an infringement notice relates; attachment of earnings order means an order made under section 123; attachment of debts order means an order made under section 129; S. 3(1) def. of child inserted by No. 32/2006 s. 4(1)(d), amended by No. 48/2006 ss 40(1), 42(Sch. item 18.1). child means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when an infringement penalty is lodged under section 54 or an application is made under clause 3 of Schedule 3 to the Children, Youth and Families Act 2005 for the registration of an infringement penalty in respect of the person; community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986;
S. 3(1) def. of health practitioner inserted by No. 29/2016 s. 61(1). health practitioner means— (a) a registered medical practitioner; or (b) a registered psychologist; or (c) a nurse; S. 3(1) def. of infringement notice amended by No. 32/2006 s. 4(1)(b). infringement notice means a notice in respect of an infringement offence served or to be served in accordance with Part 2; S. 3(1) def. of infringement offence substituted by No. 32/2006 s. 4(1)(c), amended by No. 29/2007 s. 25. infringement offence means an offence which may be the subject of an infringement notice under— (a) any Act or statutory rule; or (b) any local law; or (ba) a by-law made under section 171 of the Water Act 1989 or a by-law made under a prescribed Act; or (c) any Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of ; S. 3(1) def. of infringement offender amended by No. 32/2006 s. 4(3)(b). infringement offender means a person who has been arrested under one or more infringement warrants; infringement penalty means the amount stated in an infringement notice as payable in respect of the infringement offence to which the notice relates; infringements registrar— (a) means a registrar within the meaning of the Magistrates' Court Act 1989 who is a registrar on whom functions under
S. 17(2)(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. 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 (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. 23(6) inserted by No. 9/2008 s. 12. (6) If an applicant fails to provide the information requested under subsection (1) to the enforcement agency within the period specified in subsection (3) or, if an extension is granted under subsection (4)(b), within the period of that extension, the enforcement agency— (a) may review the decision under section 24 without the additional information; or (b) despite subsections (3) and (4)— (i) if the applicant provides the additional information to the enforcement agency out of time, may accept that late information; and (ii) may review the decision under section 24 with that late information. 24 Review by enforcement agency S. 24(1) amended by No. 29/2016 s. 65(1). (1) If an enforcement agency receives an application for review on a ground specified in section 22(1)(a), (b) or (c), the enforcement agency must— (a) review the decision to serve an infringement notice on the person; and (b) suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until— (i) the review is complete; and (ii) the applicant is sent advice of the outcome. S. 24(1A) inserted by No. 29/2016 s. 65(2). (1A) If an enforcement agency receives an application for review on the ground specified in section 22(1)(d), the enforcement agency must—
S. 55(ha) inserted by No. 9/2008 s. 18. (ha) if a nomination of a kind specified in paragraph (h) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination, no more than 6 months after the date of cancellation of the nomination; or S. 55(i) inserted by No. 32/2006 s. 27(4). (i) subject to paragraph (h), if an offence has been committed under section 204 of the EastLink Project Act 2004, no more than 6 months after the date of service of the infringement notice under section 210(1) of that Act; or S. 55(j) inserted by No. 32/2006 s. 27(4), amended by No. 29/2016 s. 76(a). (j) subject to paragraph (h), if the offence has been committed under section 73 of the Melbourne City Link Act 1995, no more than 6 months after the date of service of the infringement notice under section 80(1) of that Act; or S. 55(k) inserted by No. 29/2016 s. 76(b). (k) if a work and development permit has been cancelled under section 27E and the details of an infringement penalty and prescribed costs in respect of a lodgeable infringement offence have not already been lodged, no more than 6 months after the date on which the work and development permit is cancelled under that section. S. 56 amended by Nos 32/2006 s. 25(2), 68/2009 s. 97(Sch. item 70.15). 56 Extension of period for bringing prosecution for summary offences Section 55 has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which proceedings must be commenced for an offence alleged to have been committed.
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(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. 78 Consequences of default under a payment order
(a) authorises the person to whom it is directed to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person; (b) directs and authorises the person to whom it is directed— (i) to seize the personal property of the person named in the infringement warrant; and (ii) if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized; (c) in the case of an infringement warrant issued against a natural person, including a director to whom a declaration under section 91 applies, if the person executing the infringement warrant cannot find sufficient personal property of the person named in the infringement warrant on which to levy the amounts named in the infringement warrant together with all lawful costs of execution— (i) authorises the person to whom it is directed to break, enter and search for that person in any place where the person named in the infringement warrant is suspected to be; and S. 82(1)(c)(ii) substituted by No. 32/2006 s. 32(1). (ii) subject to any endorsement under section 80(2), directs and authorises the person to whom it is directed to arrest the person named in the infringement warrant and— (A) deal with that person in accordance with Division 1 of Part 12, if appropriate; or
S. 97(1)(e)(ii) amended by No. 37/2014 s. 10(Sch. item 87.4). (ii) any place other than a place referred to in subparagraph (i) if the consent of the owner or occupier of that place is given to the police officer or the sheriff; or (iii) any place which is a public place. S. 97(2) amended by No. 37/2014 s. 10(Sch. item 87.4). (2) Without limiting subsection (1), a police officer or the sheriff may do anything else reasonably necessary to detain, immobilise or seize a motor vehicle under this Part. S. 98 amended by Nos 30/2007 s. 236(2), 37/2014 s. 10(Sch. item 87.4). 98 Powers to tow If a motor vehicle is removed to a convenient place in accordance with this Part, it must be towed by a tow truck within the meaning of the Accident Towing Services Act 2007 unless it is possible to move that vehicle by a police officer or the sheriff driving the vehicle or directing another person to drive the vehicle. 99 Notice to be provided on detention or immobilisation S. 99(1) amended by No. 37/2014 s. 10(Sch. item 87.4). (1) If the sheriff or police officer detains or immobilises an unattended motor vehicle under this Part, the sheriff or a police officer (as the case requires) must attach to the windscreen of the motor vehicle a notice that states— S. 99(1)(a) amended by No. 9/2008 s. 24(3). (a) that the motor vehicle has been detained or immobilised because the registered operator of the motor vehicle is a person against whom one or more infringement warrants have been issued; and (b) the contact details of the sheriff. (2) If the sheriff removes an unattended motor vehicle to a convenient place under this Part, the sheriff must—
(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; S. 100(1)(i) amended by No. 9/2008 s. 24(4)(f). (i) the infringement warrant or warrants, as the case requires, issued against the person has or have expired; (j) the sheriff, in his or her discretion, considers that it is otherwise appropriate to release the motor vehicle. S. 100(2) amended by No. 9/2008 s. 24(5). (2) On the release of a motor vehicle under subsection (1), the registered operator against whom the infringement warrant or warrants, as the case requires, was or were issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part. 101 Seizure and sale S. 101(1) amended by No. 9/2008 s. 25(1)(a). (1) After the prescribed period, if an amount remains outstanding under one or more infringement warrants issued against the registered operator of a motor vehicle detained or immobilised under this Part, the sheriff may—
S. 108(1)(a) substituted by No. 9/2008 s. 28(1)(a). (a) one or more infringement warrants have been issued against the person; and S. 108(1)(b) amended by No. 9/2008 s. 28(1)(b). (b) a seven-day notice has been served on the person in respect of that infringement warrant or those infringement warrants, as the case requires; and S. 108(1)(c) amended by No. 32/2006 s. 34(1)(a). (c) a period of 7 days after service of the sevenday notice has expired without the person— S. 108(1)(c)(i) amended by No. 9/2008 s. 28(1)(c)(i). (i) paying the amount outstanding under the infringement warrant or those infringement warrants, as the case requires; or S. 108(1)(c)(ii) amended by Nos 32/2006 s. 34(1)(b), 9/2008 s. 28(1)(c)(ii). (ii) in the case of a natural person other than a director to whom a declaration under section 91 applies, obtaining a payment order for the payment of the amount outstanding under the warrant or those warrants, as the case requires; or S. 108(1)(c)(iii) amended by Nos 32/2006 s. 34(1)(c), 9/2008 s. 28(1)(c)(iii). (iii) being granted revocation of the enforcement order or orders (as the case requires) in respect of which the infringement warrant was, or infringement warrants were, issued. S. 108(2) inserted by No. 32/2006 s. 34(2), amended by No. 9/2008 s. 28(2). (2) Despite subsection (1)(c)(ii) and (iii), if a person has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) which has not been determined before the period specified in subsection (1)(c), that person is not a person in
enforcement order (as the case requires) in respect of that infringement warrant which has not been determined— no direction under subsection (1) applying to that infringement warrant may be made until the application is determined. S. 116(4A) inserted by No. 9/2008 s. 36(2). (4A) Despite subsection (3)(a), if— (a) a notice of a direction under subsection (3)(a) relates to more than one infringement warrant; and (b) the person on whom that notice was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of one or more of those infringement warrants— no direction under subsection (1) may be made applying to any infringement warrant in respect of which the person has made that application until the application is determined. S. 116(4B) inserted by No. 9/2008 s. 36(2). (4B) Nothing in subsection (4A) prevents a notice of a direction under subsection (3)(a) being made in relation to, or a direction under 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 (4A). S. 116(4) renumbered as s. 116(5) by No. 32/2006 s. 38(4). (5) This section applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate. 117 When can transfer of registration occur?
S. 159(1) inserted by No. 32/2006 s. 48(1)(3)(a). (1) Subject to section 161A, an infringement offender must be brought before the Court within 24 hours after being arrested. S. 159(2) amended by No. 32/2006 s. 48(3)(a). (2) If it is not practicable to bring an infringement offender before the Court within 24 hours after being arrested— S. 159(2)(a) amended by No. 68/2009 s. 97(Sch. item 70.24). (a) a date for the infringement offender to attend before the Court must be fixed; and S. 159(2)(b) amended by No. 32/2006 s. 48(2). (b) the infringement offender must be discharged from custody on bail under section 10 of the Bail Act 1977. S. 159(3) repealed by No. 32/2006 s. 48(3)(b). * * * * * S. 159(4) renumbered as s. 159(3) by No. 32/2006 s. 48(3)(c). (3) An infringement offender arrested under an infringement warrant may be discharged from custody on bail under section 10 of the Bail Act 1977. S. 159(5) renumbered as s. 159(4) by No. 32/2006 s. 48(3)(d). (4) This section ceases to apply if there are no outstanding fines under the infringement warrant. S. 160 amended by Nos 32/2006 s. 48(4), 9/2008 s. 40, 65/2011 s. 98, 26/2012 s. 75, 32/2013 s. 54, substituted by No. 29/2016 s. 86. 160 Powers of the Court (1) If the Court is satisfied of a matter specified in subsection (2) on an infringement offender being brought before the Court in respect of an outstanding fine under an infringement warrant, the Court may make an order— (a) discharging in full any outstanding fine; or (b) discharging in part any outstanding fine; or
(b) by registered post. (3) If a document is served on a director to whom a declaration under section 91 applies, it must be addressed to the address lodged with the Australian Securities and Investments Commission as the registered office address of the body corporate in respect of which that person is a director. Note For service on corporations generally, see section 109X of the Corporations Act. (4) If a penalty reminder notice is served by post it must be addressed— (a) to the last known place of residence or business of the person alleged to have committed the offence; or S. 162(4)(b) substituted by No. 81/2006 s. 32(3). (b) if the infringement notice was served under section 87 of the Road Safety Act 1986, 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 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—
(2) Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was issued to or served on a person before the commencement of section 176(2)— (a) the date or period of time specified in the infringement notice as the time by which the person issued or served with the notice must pay the penalty specified in the infringement notice is the date or period of time by which that person must pay that penalty, irrespective of whether that date or period of time specified is less than 28 days after the infringement notice was issued or served; and (b) if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails. S. 190 inserted by No. 32/2006 s. 54. 190 Form of infringement notice Despite anything to the contrary in this Act, an infringement notice in a form which complied with any Act, regulation or other instrument as in force immediately before the commencement of section 13— (a) is deemed to comply with section 13 for a period of 6 months from the commencement of that section; and (b) may, for a period of 6 months from that commencement, be issued or served in respect of an infringement offence whether the infringement offence is alleged to have been committed before, on or after the commencement of that section; and (c) may be enforced in accordance with this Act, despite not complying with that section.
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 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 Assent Date: 18.5.10 Commencement Date: Ss 41–44 on 19.5.10: s. 2(1) : This information relates only to the provision/s amending the Infringements Act 2006 Justice Legislation Further Amendment Act 2010, No. 64/2010 Assent Date: 28.9.10 Commencement Date: Ss 58, 59 on 29.9.10: s. 2(1) : This information relates only to the provision/s amending the Infringements Act 2006 Marine Safety Act 2010, No. 65/2010 Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 8) on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Infringements Act 2006 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010
infringement fine has the same meaning as it has in the Fines Reform Act 2014; non-registrable infringement offence 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; payment arrangement has the same meaning as it has in the Fines Reform Act 2014;". (2) In section 3(1) of the Infringements Act 2006, for the definition of work and development permit substitute— "work and development permit has the same meaning as it has in the Fines Reform Act 2014.". (3) In section 3(1) of the Infringements Act 2006, the definitions of accredited agency, accredited health practitioner, eligible person, fine related sentence, health practitioner, instalment order, non-fine related sentence, non-lodgeable infringement offence, nurse, prescribed warrant fee, registered psychologist, time served order, time to pay order and work and development permit guidelines are repealed. 91 Work and development permits Division 3A of Part 2 of the Infringements Act 2006 is repealed. 92 Effect of expiation In section 33(2) of the Infringements Act 2006, for "infringement penalty and any prescribed costs or a prescribed warrant fee are" substitute "infringement fine is".