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 this Act or the Magistrates' Court Act 1989 have been conferred in respect of any proceeding or class of proceeding or procedure under this Act; and s. 3 (b) includes any deputy registrar employed pursuant to section 17 of that Act to whom duties, powers and functions under this Act are delegated under the Magistrates' Court Act 1989; infringement warrant means a warrant issued under Part 6; issuing officer means— (a) a person appointed by an enforcement agency to issue or serve an infringement notice in respect of an infringement offence; or (b) a prescribed person or person who is a member of a prescribed class of person; S. 3(1) def. of local law inserted by No. 32/2006 s. 4(1)(d). local law means a local law made under Part 5 of the Local Government Act 1989;
S. 23(1) amended by No. 32/2006 s. 15(2)(a). (1) An enforcement agency may request in writing any additional information which it requires to conduct a review under section 24 from the applicant. S. 23(2) amended by No. 32/2006 s. 15(2)(b), substituted by No. 9/2008 s. 12. (2) If an enforcement agency makes a request under subsection (1), it must suspend the review until the earlier of— (a) 35 days from the date specified in the document making the request as the date of the document; or (b) the date when the additional information is provided. S. 23(3) substituted by No. 9/2008 s. 12. (3) Within 14 days of service of the request for additional information by the enforcement agency, the applicant— (a) must provide the additional information; or (b) if additional time is required, may request in writing an extension of time to provide the additional information. S. 23(4) substituted by No. 9/2008 s. 12. (4) If the applicant requests additional time in accordance with subsection (3)(b), the enforcement agency may— s. 23 (a) refuse to extend the time for the provision of the additional information; or (b) grant an extension of time for that information to be provided. S. 23(5) inserted by No. 9/2008 s. 12. (5) If an enforcement agency grants an extension of time under subsection (4)(b), the agency must inform the applicant in writing of the period of the extension. 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
(b) perform the additional steps by whichever of the following dates occurs latest in time— (i) the end of the remedy period specified in the infringement notice; or (ii) within 14 days after the person has been sent advice of the outcome of the review. S. 27 (Heading) amended by No. 32/2006 s. 17(1). S. 27 amended by No. 32/2006 s. 17(2). 27 Review terminated if matter goes to Court or Children's Court s. 27 If a person elects to have a matter heard and determined in the Court under this Part or, in the case of an infringement notice served on a child, heard and determined in the Children's Court while a review under this Division is in progress, the review is terminated on the person making that election. Division 4—Penalty reminder notices 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.
offence are lodged with an infringements registrar under section 54; or S. 46(2)(a)(ii) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.4). s. 46 (ii) an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; and S. 46(2)(b) amended by No. 32/2006 s. 24(3). (b) in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates, whether in the Court or the Children's Court, as the case requires. (3) An enforcement agency must offer a payment plan to a person who applies under subsection (1) if the person meets the eligibility criteria set out in the guidelines. (4) An enforcement agency may offer a payment plan to a person who applies under subsection (1) if the enforcement agency decides, in its discretion, that the person should be offered a payment plan. (5) An enforcement agency may offer a payment plan— (a) by arrangement and management of a payment plan for the person to whom it applies by that agency; or (b) by referring the infringement penalty and prescribed costs in respect of any
(c) a summary of the options available to the person under this Act; and (d) any other prescribed details. S. 60(4) amended by No. 32/2006 s. 28(1). (4) An enforcement order notice may include a statement of any outstanding enforcement orders in relation to the person, but failure to include such a statement or complete details of any outstanding enforcement orders in such a statement does not invalidate the enforcement order notice. 61 Effect of enforcement order s. 61 (1) If an enforcement order is made in relation to a lodgeable infringement offence alleged to have been committed by a person— S. 61(1)(a) amended by No. 6/2010 s. 203(1) (Sch. 6 item 26.9(a)) (as amended by No. 45/2010 s. 22). (a) subject to sections 89 and 89A to 89D of the Road Safety Act 1986, section 215C of the Transport (Compliance and Miscellaneous) Act 1983 or sections 61A and 61BA of the Marine Act 1988 (as the case requires), the person is not to be taken to have been convicted of the offence; and S. 61(1)(b) amended by Nos 32/2006 s. 28(2), 6/2010 s. 203(1) (Sch. 6 item 26.9(b)) (as amended by No. 45/2010 ss 22, 23(4)(c)), 65/2010 s. 420(Sch. 3 item 8). (b) subject to sections 89 and 89A to 89D of the Road Safety Act 1986, section 215C of the Transport (Compliance and Miscellaneous) Act 1983 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 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 making of the enforcement order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and
respect of which the period referred to in 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
107 Offence to tamper with or remove means used to immobilise motor vehicle s. 107 A person, other than a person authorised to do so in accordance with this Part, must not tamper with or remove the means by which a motor vehicle has been detained, immobilised or seized under this Part. 60 penalty units. __________________ S. 108 amended by No. 32/2006 s. 34(2) (ILA s. 39B(1)). 108 Meaning of person in default in this Part s. 108 (1) For the purposes of this Part, a person is a person in default if— 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 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. 116(1) amended by No. 32/2006 s. 38(1). (1) If the registered operator of a motor vehicle or trailer is a person in default, the sheriff may direct VicRoads not to transfer to any other person the registration of that motor vehicle or trailer until the sheriff notifies VicRoads that the direction not to transfer has ceased in accordance with section 117 or, in the case of a deemed direction under section 114(4), has ceased in accordance with section 114(4)(c). Note See section 9AE of the Road Safety Act 1986. (2) Subsection (1) applies whether or not an actual application for transfer of registration has been made. S. 116(3) amended by No. 32/2006 s. 38(2)(a). (3) On making a direction under subsection (1), the sheriff must— S. 116(3)(a) amended by No. 32/2006 s. 38(2)(b)(i)(ii). (a) cause to be served on the registered operator of a motor vehicle or trailer who is a person in default a notice of the making of a direction to VicRoads not to transfer to any other person the registration of the motor vehicle or trailer unless the person— S. 116(3)(a)(i) amended by No. 9/2008 s. 36(1)(a). (i) pays the amount outstanding under the infringement warrant or warrants, as the case requires; or S. 116(3)(a)(ii) amended by Nos 32/2006 s. 38(2)(b)(iii), 9/2008 s. 36(1)(b). (ii) in the case of a natural person (other than a director to whom a declaration under section 91 applies), has obtained a payment order in respect of the amount outstanding to which the direction under subsection (1) applies; or
(2) The Registrar of Titles may make any other recording in the Register kept under the Transfer of Land Act 1958 that is necessary because of the operation of this Part. 142 Owner to be notified of charge (1) The sheriff must notify a person whose interest in land is subject to a charge under this Part and any other person recorded in the Register kept under the Transfer of Land Act 1958 as having an interest in the land in writing— (a) that the land is charged under section 136 with the amount stated in the notice; or (b) of the removal of a charge over land by order under section 139. (2) The sheriff must include a copy of the order made under section 136 or 139 (as the case requires) in a notice provided under subsection (1). 143 Power of sale (1) The sheriff may apply to the Court for an order permitting the sale of the land under this Part if— (a) a charge over the land has been recorded under this Part for at least 3 months; and (b) an amount is owing under the charge; and (c) the sheriff has attempted, but has failed to recover the amount owing under the charge. (2) The Court may make an order permitting the sheriff to sell the land under this Part if satisfied
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. 160 Powers of the Court s. 160 S. 160(1) amended by No. 32/2006 s. 48(4)(a). (1) The Court may 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 amount of the outstanding fines under the infringement warrant or warrants is an equivalent amount. (2) If the Court is satisfied—
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. 160(3)(d) amended by No. 32/2006 s. 48(4)(c). (d) adjourn the further hearing of the matter for a period of up to 6 months; or s. 160 S. 160(3)(e) inserted by No. 32/2006 s. 48(4)(d), amended by Nos 9/2008 s. 40(3), 65/2011 s. 98, 26/2012 s. 75, 32/2013 s. 54. (e) make a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991. S. 160(4) amended by No. 9/2008 s. 40(4)(a). (4) If the Court has made an order under subsection (1), (2)(da), (3)(a) or (3)(ca) for imprisonment in default of payment of outstanding fines— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and S. 160(4)(b) substituted by No. 32/2006 s. 48(4)(e), amended by No. 9/2008 s. 40(4)(b). (b) the Court may make an instalment order under the Sentencing Act 1991 in respect of the payment of the outstanding fines. S. 160A inserted by No. 32/2013 s. 51. 160A Variation of instalment order s. 160A (1) An infringement offender may make an application to the Court to vary an instalment order made under section 160(4)(b).
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. S. 191 inserted by No. 32/2006 s. 54. 191 Courtesy letters s. 191 (1) Subject to subsection (2), a courtesy letter within the meaning of the former scheme served under the former scheme before the commencement of section 29, on and from that commencement— (a) is deemed to be a penalty reminder notice under this Act; and (b) may be dealt with and enforced as a penalty reminder notice under this Act. (2) Subsection (1) does not affect a decision of a person made under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of the former scheme. S. 192 inserted by No. 32/2006 s. 54. 192 Decision to go to Court If a person has made a decision under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of that scheme and on the
been repealed until the fine is paid in accordance with the order. (2) On and from the commencement of section 176(2), if a person defaults under an order referred to in subsection (1) for a period of more than 28 days, an infringements registrar may issue an infringement warrant against the person under this Act as if the default had been made under a payment order under this Act. S. 198 inserted by No. 32/2006 s. 54. 198 Pending revocation applications under former scheme (1) If a revocation application made to the registrar under clause 10(1) of the former scheme is pending on the commencement of section 176(2), an infringements registrar may deal with that application under section 66 of this Act as if that application were a revocation application made under section 65 of this Act. (2) If a revocation application made under clause 10(6) of the former scheme that has been referred to the Court under the former scheme is pending on the commencement of section 176(2), that application may be heard by the Court under section 72 of this Act as if the application were a revocation application made under section 68(1) of this Act. S. 199 inserted by No. 32/2006 s. 54. 199 Enforcement orders revoked under former scheme s. 199 On and from the commencement of section 176(2), an enforcement order revoked under the former scheme before that commencement must be taken to be an enforcement order revoked under this Act. S. 200 inserted by No. 32/2006 s. 54. 200 Pending hearings under the former scheme (1) If, immediately before the commencement of section 176(2), any matter in respect of an alleged infringement offence, including any application to
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 87) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Infringements Act 2006 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.