S. 4 (Heading) amended by No. 68/2009 s. 97(Sch. item 70.1). 4 Act to be read as one with Magistrates' Court Act 1989 and Criminal Procedure Act 2009 S. 4(1) amended by No. 68/2009 s. 97(Sch. item 70.2). (1) This Act is to be read and construed as one with the Magistrates' Court Act 1989 and the Criminal Procedure Act 2009. (2) Expressions used in this Act and in the Magistrates' Court Act 1989 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Magistrates' Court Act 1989. S. 4(3) inserted by No. 68/2009 s. 97(Sch. item 70.3). (3) Expressions used in this Act and in the Criminal Procedure Act 2009 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Criminal Procedure Act 2009. 5 Guidelines (1) The Attorney-General, after consultation with any other Minister whose area of responsibility may be affected by the guidelines, may make guidelines for or with respect to— S. 5(1)(a) amended by No. 32/2006 s. 5(a). (a) the offences suitable for being subject to infringement notices under this Act or any other Act or other instrument; (b) the level of penalty suitable for being subject to infringement notices; (c) the administration of this Act including— (i) a model code of conduct to apply to issuing officers and enforcement agencies unless an enforcement agency has adopted its own code of conduct; (ii) the criteria to be considered in determining whether a person is entitled to a payment plan and the
S. 16(3) inserted by No. 32/2006 s. 11(3). (3) Despite subsection (1), if a person served with an infringement notice is a child, that person may elect to have the matter of the infringement offence heard and determined in the Children's Court— S. 16(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, at any time before an enforcement order under that Schedule is made; (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. S. 17 (Heading) amended by No. 32/2006 s. 12(1). 17 Enforcement agency can refer matter to Court or Children's Court S. 17(1) amended by No. 32/2006 s. 12(2). (1) Subject to subsection (3), an enforcement agency may refer a matter for which an infringement notice has been served to the Court— (a) in the case of a lodgeable infringement offence, at any time before an enforcement order is made; (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. (2) This section does not apply to infringement offences to which the following provisions apply—
S. 17(2)(a) amended by No. 32/2006 s. 12(3). (a) sections 89A to 89D of the Road Safety Act 1986; S. 17(2)(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 26.3) (as amended by No. 45/2010 s. 22), substituted by No. 29/2016 s. 97. (b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; 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
S. 18(6)(b) amended by No. 6/2010 s. 203(1) (Sch. 6 item 26.4) (as amended by No. 45/2010 s. 22), substituted by No. 29/2016 s. 98. (b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; S. 18(6)(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. 19 Form of withdrawal notice A withdrawal notice must— (a) be in writing and contain the prescribed details; and (b) state that the enforcement agency intends to proceed in respect of the infringement offence by— (i) continuing proceedings and issuing a summons; or (ii) issuing an official warning; or (iii) taking no further action; or 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—
applies) must not take any step to execute the infringement warrant unless— (a) that person or any other person has served on the person in respect of whom the infringement warrant has been issued a seven-day notice containing the prescribed details; and Note See Part 13 for service requirements. (b) if the person authorised to execute an infringement warrant is the sheriff, that person has made a demand on the person in respect of whom the infringement warrant has been issued. (2) If a seven-day notice is served on a person other than by the sheriff, a demand is not to be made at the time of service of the seven-day notice. (3) A seven-day notice must include a warning of all the enforcement mechanisms available under this Act if the person on whom the seven-day notice is served does not, within 7 days of the seven-day notice being served— (a) pay the outstanding amount of the fine; or (b) in the case of a natural person (other than a director to whom a declaration under section 91 applies)— (i) apply for a payment order; or (ii) apply for the revocation of the enforcement order. 89 What can be done during period of the seven-day notice? (1) Subject to subsection (2), during a period of 7 days after delivery of a seven-day notice, a
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;
S. 114(1) amended by Nos 32/2006 s. 37(1), 9/2008 s. 34(1). (1) The sheriff may direct VicRoads not to renew the driver licence of a person against whom one or more infringement warrants have been issued, whether or not the person has been served with a seven-day notice until the sheriff notifies VicRoads that the non-renewal direction has ceased in accordance with section 115. Note See section 19A of the Road Safety Act 1986. S. 114(2) amended by Nos 32/2006 s. 37(1), 9/2008 s. 34(1). (2) The sheriff may direct VicRoads not to renew the registration of a motor vehicle or trailer of a person who is the registered operator of that vehicle or trailer against whom one or more infringement warrants have been issued, whether or not the person has been served with a notice, until the sheriff notifies VicRoads that the non-renewal direction has ceased in accordance with section 115. Note See section 9AC of the Road Safety Act 1986. (3) Subsection (2) applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate. S. 114(4) inserted by No. 32/2006 s. 37(2). (4) If the sheriff makes a direction to VicRoads under subsection (2)— (a) a direction not to transfer to any other person the registration of a motor vehicle or trailer under section 116 is deemed to also apply in respect of the motor vehicle or trailer of the person who is the registered operator of that vehicle or trailer and in respect of whom the direction under subsection (2) is made; and day
S. 115(a) amended by No. 9/2008 s. 35(a). (a) payment in full of the amount outstanding under every infringement warrant or enforcement order to which the direction under section 114 applies; S. 115(b) amended by No. 9/2008 s. 35(b). (b) the person whose licence or registration renewal has been directed to not be renewed 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 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. 116 Direction not to transfer registration 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—
(1) As soon as practicable after an order is made under section 136, the sheriff must lodge with the Registrar of Titles— (a) an application— (i) describing the land to be charged; and (ii) stating the amount of the charge; and (b) a copy of the order of the Court under section 136. S. 137(2) amended by No. 9/2008 s. 39(3). (2) On an application being lodged under subsection (1), subject to the Transfer of Land Act 1958, the Registrar of Titles must record the charge in the Register kept under that Act and on that recording, the amount outstanding under the infringement warrant or warrants (as the case requires) is a charge on the land held by the person in respect of whom the order applies until— (a) that amount is recovered; or (b) the person in respect of whom the order under section 136 was made dies; or (c) the charge on the land expires or is otherwise removed. (3) A charge may be recorded under this section in the Register kept under the Transfer of Land Act 1958 without submission to the Registrar of Titles of any relevant certificate of title. 138 Application for removal of charge over land The sheriff may apply to the Court for an order that a charge under this Part over land in which an interest is held by a person in respect of whom an order under section 136 applies be removed if— (a) the amount outstanding is paid; or
S. 148(a) amended by No. 32/2006 s. 41(3)(a). (a) the sheriff arrests a person under one or more infringement warrants; and S. 148(b) amended by No. 32/2006 s. 41(3)(b). (b) the infringement offender consents to perform unpaid community work in respect of outstanding fines under one or more infringement warrants— the sheriff, subject to and in accordance with the infringement warrant or warrants and the regulations, may release the infringement offender on a community work permit issued by the sheriff. S. 148(2) inserted by No. 32/2006 s. 41(4). (2) A community work permit must specify— (a) the amount of the outstanding fines in penalty units to which the community work permit applies; and (b) the number of hours a person is required to work under the community work permit in respect of each infringement warrant to which the community work permit applies. 149 Core conditions of community work permits The following conditions apply to a community work permit— (a) that the infringement offender does not commit, whether in or outside , an offence punishable on conviction by imprisonment; (b) that the infringement offender reports to a specified community corrections centre within two clear working days after the issue of the community work permit; (c) that the infringement offender reports to, and receives visits from, a community corrections officer; (d) that the infringement offender notifies an officer at the specified community centre of
(a) did not have the capacity to pay the outstanding fine; or (b) had another reasonable excuse for nonpayment. (5) The Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. 160AA Additional powers of the Court (1) If the Court makes an order under section 160(1)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any undischarged fine, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Court makes an order under section 160(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding fine— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and (b) the Court may make an instalment order in respect of the payment of any outstanding fine. Note A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). (3) If the Court makes an order under section 160(1)(b) or subsection (1) and the infringement offender contravenes the order