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 (2) This section applies to an infringement notice— (a) withdrawn by withdrawal notice; or S. 20(2)(b) amended by No. 32/2006 s. 14(2)(b). (b) deemed to be withdrawn by a provision of this Act or any other Act.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 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), substituted by No. 29/2016 s. 99. (b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; S. 21(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.
Youth and Families Act 2005; and (ii) 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; and (b) must be in writing; and (c) must state the grounds on which the decision should be reviewed; and (d) must provide the applicant's current address for service of the notice under section 24(3) of the outcome of the decision; and (e) may only be made once in relation to any one infringement offence in respect of the applicant. 23 Request for additional information 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
(ii) return the hearing details referred to in subparagraph (i) to the enforcement agency for service on the person who was served with the infringement notice; and (d) at least 14 days prior to the hearing date, the enforcement agency must serve the details referred to in paragraphs (a) and (c)(i) on the person who was served with the infringement notice. (2) Service under subsection (1)(d) may be by post to the person who was served with the infringement notice at the address— (a) provided by the person on whom the infringement notice was served; or (b) on the infringement notice; or (c) on the penalty reminder notice. Note to s. 40(2) amended by No. 32/2006 s. 22(2). Note The Magistrates' Court Act 1989 applies to the enforcement of infringement offences that are not lodgeable infringement offences. S. 40(3) amended by Nos 9/2008 s. 14, 68/2009 s. 97(Sch. item 70.9). (3) Subject to section 40A, without limiting any other powers of the Court, the Court may proceed to hear and determine the matter of a lodgeable infringement offence even though a charge-sheet has not been served on the person who was served with the infringement notice. Note to s. 40(3) amended by No. 68/2009 s. 97(Sch. item 70.10). Note See also sections 80 and 85 of the Criminal Procedure Act 2009.
on the person who is the registered operator of a vehicle a notice of intention to direct VicRoads to suspend the registration unless the person, before the end of the period specified in the notice of intention— S. 112(2)(a) amended by No. 9/2008 s. 32(1)(a). (a) pays the amount outstanding under the infringement warrant or warrants, as the case requires; or S. 112(2)(b) amended by Nos 32/2006 s. 36(3)(a), 9/2008 s. 32(1)(b). (b) 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 proposed direction under subsection (1) relates; or S. 112(2)(c) amended by Nos 32/2006 s. 36(3)(b), 9/2008 s. 32(1)(c). (c) has been granted revocation of the enforcement order or orders (as the case requires) in respect of the amount outstanding to which the proposed direction under subsection (1) relates. Note See Part 13 for service requirements. S. 112(3) substituted by Nos 32/2006 s. 36(4), 9/2008 s. 32(2). (3) Despite subsection (2)(b) or (c), if— (a) a notice of intention to make a direction under subsection (2) relates to only one infringement warrant; and (b) the person on whom that notice of intention to make a direction 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 that infringement warrant which has not been determined—
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 S. 116(3)(a)(iii) amended by Nos 32/2006 s. 38(2)(b)(iv), 9/2008 s. 36(1)(c), 74/2010 s. 37(Sch. item 2(1)). (iii) has been granted revocation of the enforcement order or orders (as the case requires) in respect of the amount outstanding to which the direction under subsection (1) applies.
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 as to the matters referred to in subsection (1)(a) to (c). 144 Notice of intention to sell
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(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 (1) An infringement offender may make an application to the Court to vary an instalment order made under section 160(4)(b). (2) On the infringement offender making an application under subsection (1), the Court may vary the instalment order if the Court is satisfied—
S. 161A(2) amended by No. 87/2009 s. 56(2) (as amended by No. 30/2010 s. 84(2)). (2) The Court may make an order under subsection (1A) whether or not the person is brought before the Court. S. 161A(3) amended by No. 87/2009 s. 56(2) (as amended by No. 30/2010 s. 84(2)). (3) If the Court makes an order under subsection (1A) in respect of a person who is only in custody because of— (a) an order under section 160; or (b) being in default of— (i) an instalment order within the meaning of the Sentencing Act 1991; or (ii) the payment of a fine— the Court must order that the term of imprisonment in the order made under subsection (1A) is to be served cumulatively with the term of imprisonment for which the person is currently in custody. S. 161A(4) amended by No. 87/2009 s. 56(2) (as amended by No. 30/2010 s. 84(2)). (4) Subject to subsection (3), a term of imprisonment imposed by an order under subsection (1A) must be served concurrently with any uncompleted sentence or sentences of imprisonment or detention in a youth training centre imposed on the person before that order is made but if the term imposed under the order exceeds the term of the uncompleted sentence or sentences, the balance of the term must be served cumulatively on the uncompleted sentence or sentences. 162 Service of documents
(2) In section 53B(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director". (3) In section 53B(2) of the Infringements Act 2006, for "Secretary" substitute "Director". S. 239B inserted by No. 29/2016 s. 51. 239B Recommendations to enforcement agencies In section 53C(1) and (2) of the Infringements Act 2006, for "Secretary" substitute "Director". S. 239C inserted by No. 29/2016 s. 51. 239C Reports and recommendations to Attorney-General (1) In section 53D(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director". (2) In section 53D(2) of the Infringements Act 2006, for "Secretary" substitute "Director". (3) In section 53D(3) of the Infringements Act 2006— (a) for "Secretary" (where four times occurring) substitute "Director"; (b) in paragraph (d), for "Secretary's" substitute "Director's". (4) In section 53D(4) of the Infringements Act 2006, for "Secretary" substitute "Director". 240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed (1) Parts 4, 5, 6, 7, 8, 9, 10 and 11 of the Infringements Act 2006 are repealed. S. 240(2) repealed by No. 29/2016 s. 52. * * * * * (3) Part 12 of the Infringements Act 2006 is repealed.
(3) The Secretary, in the Secretary's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions. 27H Accredited health practitioners (1) A qualified health practitioner may apply to the Secretary to become an accredited health practitioner. (2) An application under subsection (1) must— (a) be made in accordance with the work and development permit guidelines; and (b) include the prescribed particulars (if any). (3) The Secretary, in the Secretary's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Secretary is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions.
161I Determination of rehearing (1) On rehearing a matter under section 161H, if the Court is satisfied, on the balance of probabilities, that a ground referred to in section 161H(3) has been established the Court may— (a) cancel the order made under section 161C(4)(e); and (b) exercise any power available to the Court under section 161C in respect of the person. (2) If the Court is not satisfied that a ground referred to in section 161H(3) has been established, the Court— (a) must confirm the order to imprison the person under section 161C(4)(e); and (b) may— (i) issue a warrant to imprison the person under section 161D(2)(a) if the person is not in custody; and (ii) lift a stay on an instalment order (if any) made in respect of the person under section 161D(2)(b). (3) Subject to section 161H(4), the Court may only rehear a matter once. 161J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 161C(4)(e) who makes an application under section 161H may apply to the Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Court may grant the person bail pending rehearing of the matter.
161K Person in custody If a person who is in custody makes an application under section 161H and is granted bail, the order made under section 161C(4)(e) to imprison the person is stayed until the rehearing is determined.". 90 Definitions (1) In section 3(1) of the Infringements Act 2006 insert the following definitions— "court fine has the same meaning as it has in the Fines Reform Act 2014; Director has the same meaning as it has in the Fines Reform Act 2014; enforcement warrant has the same meaning as it has in the Fines Reform Act 2014; 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