driver licence has the same meaning as it has in section 3 of the Road Safety Act 1986 and includes a learner permit under Part 3 of that Act; enforcement agency, in relation to an infringement offence, means— (a) a person or body authorised by or under an Act to take proceedings for the infringement offence in respect of which the infringement notice or official warning was issued or served; or (b) a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or (c) a prescribed person or body or person or body which is a member of a prescribed class of person or body; enforcement order means an order made under section 59; enforcement order notice means a notice under section 60(1) of the making of an enforcement order; execution copy, in relation to an infringement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of infringement warrants consolidated under section 86;
7 Infringement offences to which this Act applies S. 7(1) amended by No. 32/2006 s. 6(1). (1) This Act applies to lodgeable infringement offences, including a local law which is a parking infringement within the meaning of the Road Safety Act 1986. (2) This Part and Parts 2 and 3 and Part 13 (other than sections 165 and 166) of this Act apply to infringement offences. S. 7(3) substituted by No. 32/2006 s. 6(2), amended by No. 48/2006 s. 42(Sch. item 18.2). (3) Subject to anything to the contrary in the Children, Youth and Families Act 2005 or this Act, this Part and Parts 2 and 3 and Part 13 (other than sections 164, 165 and 166) of this Act apply to infringement notices issued to or served on a child for an infringement offence. S. 7(4) substituted by No. 32/2006 s. 6(3). (4) Regulations made under this Act must not prescribe an infringement offence under a local law (other than a parking infringement) to be a lodgeable infringement offence. S. 7(5) repealed by No. 32/2006 s. 6(4). * * * * * Division 1—Official warnings 8 Issuing officer may serve an official warning (1) An issuing officer may serve a person with an official warning rather than serve an infringement notice if—
S. 12 amended by No. 32/2006 s. 8(2) (ILA s. 39B(1)). 12 Service of infringement notice (1) An infringement notice for an infringement offence may be served on a person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person at the person's last known place of residence or business; or (c) if a vehicle is involved in the alleged commission of the offence, by affixing or placing the notice on that vehicle in a conspicuous manner; or S. 12(d) amended by No. 32/2006 s. 8(1). (d) in any other manner not specified in paragraphs (a) to (c) if the Act or other instrument which establishes the infringement offence or any other Act or other instrument provides for any other manner of service. S. 12(2) inserted by No. 32/2006 s. 8(2). (2) Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984, an infringement notice served by post in accordance with subsection (1)(b) is deemed to be served 14 days after the date of the infringement notice. S. 12(3) inserted by No. 32/2006 s. 8(2). (3) An infringement notice served on a person less than 28 days before the date specified in the infringement notice as the due date for payment of the infringement penalty is invalid. Note See section 163A. S. 13 substituted by No. 32/2006 s. 9. 13 Forms of infringement notice An infringement notice must— (a) be in writing and contain the prescribed details; (b) state that—
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 to the offence to which the infringement notice relates. (2) Subject to subsection (4), without limiting subsection (1), an enforcement agency may withdraw an infringement notice if the enforcement agency determines that— (a) an official warning should be served on the person rather than an infringement notice; or (b) proceedings are to be commenced against the person in respect of the infringement offence for which the infringement notice had been served; or (c) the matter should be abandoned. (3) Subject to subsection (4), an infringement notice may be withdrawn even if the infringement penalty and prescribed costs (if any) have been paid. (4) In the case of an infringement notice in respect of an infringement offence requiring additional steps to be taken, the infringement notice cannot be withdrawn for the purposes of commencing
(2) An application under subsection (1)— (a) may be made— S. 22(2)(a)(i) substituted by No. 32/2006 s. 15(1). (i) in the case of— (A) a lodgeable infringement offence for which an infringement notice was served on a person other than a child, at any time before the details of the infringement penalty in respect of that offence are lodged with an infringements registrar under section 54; or S. 22(2)(a) (i)(B) amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3). (B) 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 (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. 34(a) amended by No. 74/2013 s. 9. (a) a traffic infringement within the meaning of the Road Safety Act 1986 does not prevent the incurring of demerit points under Part 4 of that Act in relation to the infringement offence; and S. 34(b) substituted by No. 30/2007 s. 236(1), amended by No. 71/2011 s. 32(a). (b) an offence under the Accident Towing Services Act 2007 does not prevent the incurring of accident towing demerit points under that Act in relation to that offence; and S. 34(c) inserted by No. 71/2011 s. 32(b). (c) an offence under section 108(4), 119 or 120 of the Liquor Control Reform Act 1998 does not prevent the incurring of demerit points under that Act in relation to that offence. 35 Agreeing to pay by instalments has same effect as a full payment S. 35(1) amended by No. 32/2006 s. 20(b). (1) This section applies in respect of an infringement offence that would result in a person incurring demerit points under the Road Safety Act 1986 or any other Act or other instrument in respect of which a demerit system applies if the person were convicted of the offence. S. 35(2) amended by No. 32/2006 s. 20(b). (2) For the purposes of the Road Safety Act 1986 or any other Act or other instrument in respect of which a demerit system applies, a person is to be taken as paying the infringement penalty in respect of the offence— (a) on making a part payment; and (b) in the case of a person to whom a payment plan applies, on making the first payment in accordance with the payment plan, or where a subsequent infringement penalty is added to a payment plan, on the making of the next payment following that addition,
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. S. 40(4) inserted by No. 32/2006 s. 22(3), amended by Nos 48/2006 s. 42(Sch. item 18.4), 18/2010 s. 41, 64/2010 s. 58(1). (4) This section does not apply to an infringement offence alleged to have been committed by a child and the Children, Youth and Families Act 2005 applies in respect of such an infringement offence. Note to s. 40(4) inserted by No. 64/2010 s. 58(2). Note See section 344A of the Children, Youth and Families Act 2005 and clause 17 of Schedule 3 to that Act for time limits applying to infringement offences in relation to children. S. 40AA inserted by No. 18/2010 s. 42, repealed by No. 64/2010 s. 59. * * * * * S. 40A inserted by No. 9/2008 s. 15, amended by No. 68/2009 s. 97(Sch. item 70.11). 40A Going to Court—indictable offences If a person has been served with an infringement notice in respect of a lodgeable infringement offence which is an indictable offence and the person elects under this Part to have the matter heard and determined in the Court or an enforcement agency refers the matter to the Court under this Part, section 28 of the Criminal Procedure Act 2009 applies as if the person had been charged before the Court with that indictable offence.
54 Lodgement of infringement penalty with infringements registrar (1) An enforcement agency may lodge details of any outstanding amount of an infringement penalty in respect of a lodgeable infringement offence together with the prescribed costs (if any) with an infringements registrar if— (a) the infringement penalty is not less than the prescribed minimum infringement penalty amount; and (b) the criteria set out in subsection (2) are satisfied. (2) For the purposes of subsection (1)(b), the criteria are— (a) a penalty reminder notice has been served on a person; and S. 54(2)(b) substituted by No. 32/2006 s. 26(1). (b) the period specified in the penalty reminder notice for payment under the penalty reminder notice has passed; and (c) full payment of the infringement penalty and any prescribed costs have not been received by the enforcement agency; and (d) the enforcement agency has not— S. 54(2)(d)(i) amended by No. 68/2009 s. 97(Sch. item 70.14). (i) filed a charge-sheet charging the offence alleged to have been committed; or (ii) referred the matter to the Court under section 17; and S. 54(2)(e) substituted by No. 81/2006 s. 32(1). (e) if the infringement notice was served under section 87 of the Road Safety Act 1986, the person was at the time of the infringement offence the responsible person (within the
(e) if an enforcement order is revoked under section 66(4)(b), no more than 6 months after the date of revocation of that order; or S. 55(f) amended by No. 32/2006 s. 27(2). (f) if an infringement notice is cancelled under this Act or any other Act or other instrument and a new infringement notice is issued or served in accordance with section 38(4) or any corresponding provision of another Act or other instrument, no more than 6 months after the date of cancellation of the cancelled infringement notice; or (g) if an infringement notice is reviewed under Division 3 of Part 2, no more than 6 months after the date of service of the advice of the outcome on the applicant under section 24(3); or S. 55(h) amended by Nos 32/2006 s. 27(3), 81/2006 s. 32(2). (h) if a person has nominated another person for an offence committed under the Road Safety Act 1986, the Melbourne City Link Act 1995 or the EastLink Project Act 2004, no more than 6 months after the date of service of the infringement notice on the nominated person; or 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
S. 99(2)(b) amended by No. 37/2014 s. 10(Sch. item 87.4). (b) provide the police officer with the registration details for that motor vehicle, whether those details are current or expired. 100 Recovery of motor vehicle by registered operator within prescribed period S. 100(1) amended by No. 37/2014 s. 10(Sch. item 87.4). (1) The sheriff, or a police officer on the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period— (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;
(2) At least 14 days before exercising a power of sale under this section, the sheriff must serve a notice on the registered operator of the motor vehicle stating that— (a) the motor vehicle has been seized; and S. 101(2)(b) amended by No. 9/2008 s. 25(1)(b). (b) the sheriff may sell or otherwise dispose of the motor vehicle and any item left in or on the motor vehicle unless payment in full of the amount outstanding under the infringement warrant or warrants, as the case requires, or enforcement order and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent. (3) At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State. 102 Recovery of motor vehicle or item by third party before sale S. 102(1) amended by No. 9/2008 s. 25(2)(a). (1) At any time before a sale under section 101 occurs a person other than the registered operator of a motor vehicle against whom one or more infringement warrants have been issued may recover a motor vehicle or item detained, immobilised or seized under this Part if— (a) the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and (b) the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires).
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. 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 default for the purposes of this Part in respect of any infringement warrant or enforcement order to which the application relates— (a) until the application is determined; and (b) unless the payment order has not been obtained or the revocation of the enforcement order has not been granted, as the case requires. 109 Action under this Part
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; S. 111(e) amended by No. 9/2008 s. 31(e). (e) an application against a refusal to revoke an enforcement order is granted and there are no other infringement warrants or enforcement orders to which the direction under section 110(1) applies; S. 111(f) amended by No. 9/2008 s. 31(f). (f) seizure of property under this Act sufficient to satisfy the amount outstanding under every infringement warrant or enforcement order to which the direction under section 110(1) applies; (g) the person is arrested under this Act; S. 111(h) substituted by No. 9/2008 s. 31(g). (h) all infringement warrants to which the direction under section 110(1) applies have been recalled and cancelled by an infringements registrar; S. 111(i) substituted by No. 9/2008 s. 31(g). (i) all infringement warrants to which the direction under section 110(1) applies have expired; (j) the sheriff, in his or her discretion, considers that the suspension of the driver licence is no longer an appropriate enforcement mechanism in any particular case.
which the direction under section 114 applies; S. 115(c) amended by No. 9/2008 s. 35(c). (c) in the case of a natural person, an attachment of earnings order or attachment of debts order is made in relation to the person for the amount outstanding; S. 115(d) amended by No. 9/2008 s. 35(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 114 applies; S. 115(e) amended by No. 9/2008 s. 35(e). (e) an application against a refusal to revoke an enforcement order is granted and there are no other infringement warrants or enforcement orders to which the direction under section 114 applies; (f) seizure of property under this Act sufficient to satisfy the amount outstanding; (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. 115(h) substituted by No. 9/2008 s. 35(f). (h) all infringement warrants to which the direction under section 114 applies have been recalled and cancelled by an infringements registrar; S. 115(i) substituted by No. 9/2008 s. 35(f). (i) all infringement warrants to which the direction under section 114 applies have expired; (j) the sheriff, in his or her discretion, considers that the direction not to renew the driver licence or the registration of the motor vehicle or trailer (as the case requires) is no longer an appropriate enforcement mechanism in any particular case.
S. 157A inserted by No. 32/2006 s. 46. 157A Hours worked reduces outstanding fines If an infringement offender has completed a number of hours of work under a community work permit before it is breached, the amount of the outstanding fines in penalty units to which the community work permit applies must be reduced by a proportion that is as nearly as possible the same proportion as the number of hours worked bears to the total number of hours required to be worked under the community work permit. Division 2—Imprisonment S. 158 substituted by No. 32/2006 s. 47. 158 Application of this Division This Division applies if an infringement offender— (a) does not consent to a community work permit; or (b) is not eligible, in accordance with section 147(3), to perform unpaid community work under a community work permit; or (c) is not issued with a community work permit within 24 hours after being arrested; or (d) is issued with a community work permit and— (i) fails to comply with the permit or a condition of the permit or any requirement of the regulations made for the purposes of this Part; or (ii) the permit is cancelled by the Court under section 155; or (e) is delivered to the officer in charge of a prison or police gaol. 159 Infringement offender to be brought before the Court
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(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—