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PARLIAMENT OF VICTORIA
Infringements and Other Acts Amendment Bill
2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Principal Act 3
PART 2--TRIAL EXPANSION OF ENFORCEMENT BY
INFRINGEMENT NOTICE 4
4 Effect of suspension of licence or permit under Liquor Control
Reform Act 1998 4
5 Infringement offences--Liquor Control Reform Act 1998 4
6 Consumption or supply of liquor on buses--Liquor Control
Reform Act 1998 5
7 Power to serve infringement notice--Liquor Control Reform
Act 1998 6
8 Infringement penalties--Liquor Control Reform Act 1998 6
9 Summary Offences Act 1966 7
10 New section 74A inserted--Crimes Act 1958 8
74A Shop theft 8
11 Repeal of amendments relating to trial period 9
PART 3--MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT 10
12 Request for additional information 10
13 Review by enforcement agency 11
14 Decision to go to Court--lodgeable infringement offences 11
15 New section 40A inserted 12
40A Going to Court--indictable offences 12
16 Payment plans may extend period for bringing proceedings
for offence 12
17 Lodgement of infringement penalty with infringements
registrar 12
18 Extended period for lodgement 13
19 Expiry of enforcement orders 13
561081B.I-4/12/2007 i BILL LA INTRODUCTION 4/12/2007
Clause Page
20 Reinstatement after enforcement order has expired 13
21 Power to vary costs or fees 14
22 New section 71A inserted 14
71A Going to Court--indictable offences 14
23 Application of Part 7 14
24 Detention, immobilisation and sale of motor vehicles 14
25 Seizure and sale and recovery by third party 16
26 Return of motor vehicle or item of low monetary value 16
27 Application of proceeds of sale and good title 16
28 Meaning of person in default in Part 8 17
29 Action under Part 8 17
30 Sheriff may direct VicRoads to suspend driver licence 18
31 When does suspension of driver licence cease? 19
32 Sheriff may direct VicRoads to suspend vehicle registration 20
33 When does suspension of registration cease? 22
34 Direction not to renew driver licence or motor vehicle
registration 23
35 Renewal of licence or registration 24
36 Direction not to transfer registration 25
37 When can transfer of registration occur? 26
38 Section 122 substituted 27
122 Application of Part 27
39 Charges over and sale of real property 27
40 Powers of the Court 28
PART 4--AMENDMENTS TO OTHER ACTS 30
41 Amendment of Children, Youth and Families Act 2005 30
42 Amendment of Melbourne City Link Act 1995 31
43 Amendment of Subordinate Legislation Act 1994 32
44 New section 121A inserted in Supreme Court Act 1986 32
121A Power to temporarily restrain 32
45 Amendment of Surveillance Devices Act 1999 33
PART 5--GENERAL 34
46 Repeal of Act 34
ENDNOTES 35
561081B.I-4/12/2007 ii BILL LA INTRODUCTION 4/12/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Infringements and Other Acts
Amendment Bill 2007
A Bill for an Act to amend the Liquor Control Reform Act 1998, the
Summary Offences Act 1966 and the Crimes Act 1958 to provide
for a trial period of enforcement of certain offences by infringement
notice, to make miscellaneous amendments to the Infringements Act
2006 to refine the operation of aspects of that Act and to make various
amendments to other Acts which interact with that Act, to amend the
Supreme Court Act 1986 to further provide for sheriff's powers in
executing civil warrants and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Liquor Control Reform Act
5 1998, the Summary Offences Act 1966 and
the Crimes Act 1958 to provide for a trial
561081B.I-4/12/2007 1 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 1--Preliminary
s. 2
period of enforcement of certain offences by
infringement notice;
(b) to make miscellaneous amendments to the
Infringements Act 2006 to refine the
5 operation of aspects of that Act;
(c) to make various amendments to other Acts
which interact with the Infringements Act
2006;
(d) to amend the Supreme Court Act 1986 to
10 further provide for sheriff's powers in
executing civil warrants.
2 Commencement
(1) Subject to subsection (3), this Act, other than
section 11, comes into operation on a day or days
15 to be proclaimed.
(2) Subject to subsection (4), section 11 comes into
operation on a day to be proclaimed.
(3) If a provision of this Act, other than section 11,
does not come into operation before 1 January
20 2009, it comes into operation on that day.
(4) If section 11 does not come into operation before
1 July 2011, it comes into operation on that day.
561081B.I-4/12/2007 2 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Infringements Act 2006 is called See:
Act No.
the Principal Act. 12/2006.
Reprint No. 1
as at
1 July 2006
and
amending
Act Nos
48/2006,
79/2006,
81/2006,
29/2007 and
30/2007.
LawToday:
www.
legislation.
vic.gov.au
__________________
561081B.I-4/12/2007 3 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 4
PART 2--TRIAL EXPANSION OF ENFORCEMENT BY
INFRINGEMENT NOTICE
See: 4 Effect of suspension of licence or permit under
Act No.
94/1998. Liquor Control Reform Act 1998
Reprint No. 3
5 as at In section 97(2) of the Liquor Control Reform
5 April 2006
and
Act 1998, for "section 113(1)(c) or (d)" substitute
amending "section 113(1B) or (1C)".
Act Nos
97/2005,
24/2006,
32/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
5 Infringement offences--Liquor Control Reform
Act 1998
10 (1) For section 113(1) of the Liquor Control Reform
Act 1998 substitute--
"(1) A person must not consume or supply liquor
on any premises to which this section applies
unless a licence or BYO permit is in force in
15 respect of those premises.
Penalty: 50 penalty units.
(1A) A person must not have in possession or
under control any liquor other than liquor in
a sealed container on any premises to which
20 this section applies unless a licence or BYO
permit is in force in respect of those
premises.
Penalty: 50 penalty units.
561081B.I-4/12/2007 4 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 6
(1B) A person must not permit or allow any liquor
to be consumed or supplied on any premises
to which this section applies unless a licence
or BYO permit is in force in respect of those
5 premises.
Penalty: 50 penalty units.
(1C) A person must not permit or allow any liquor
other than liquor in a sealed container to be
in the possession or under the control of a
10 person on any premises to which this section
applies unless a licence or BYO permit is in
force in respect of those premises.
Penalty: 50 penalty units.".
(2) Section 114(d) of the Liquor Control Reform
15 Act 1998 is repealed.
(3) At the end of section 114 of the Liquor Control
Reform Act 1998 insert--
"(2) A person who is drunk, violent or
quarrelsome must not refuse or fail to leave
20 licensed premises if requested to do so by--
(a) the licensee or permittee; or
(b) an employee or agent of the licensee or
permittee; or
(c) a member of the police force.
25 Penalty: 20 penalty units.".
6 Consumption or supply of liquor on buses--Liquor
Control Reform Act 1998
In section 113A(2) of the Liquor Control
Reform Act 1998, for "section 113(1)(c)"
30 substitute "section 113(1B)".
561081B.I-4/12/2007 5 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 7
7 Power to serve infringement notice--Liquor
Control Reform Act 1998
In section 141(2) of the Liquor Control Reform
Act 1998--
5 (a) after paragraph (fa) insert--
"(fb) section 113(1), (1A), (1B) or (1C)
(consuming or having liquor on
unlicensed premises);";
(b) in paragraph (g) for "section 114 (except
10 paragraph (d))" substitute "section 114(1)";
(c) after paragraph (g) insert--
"(ga) section 114(2) (refusal or failure by
person who is drunk, violent or
quarrelsome to leave licensed premises
15 when requested to do so);".
8 Infringement penalties--Liquor Control Reform
Act 1998
(1) After section 141(1A) of the Liquor Control
Reform Act 1998 insert--
20 "(1B) Despite subsection (1), an infringement
notice must not be served under subsection
(1) on a person who is under 18 years of age
at the time of the alleged offence in respect
of the following offences--
25 (a) an offence against section 113(1), (1A),
(1B) or (1C);
(b) an offence against section 114(1);
(c) an offence against section 114(2).".
(2) After section 144(2) of the Liquor Control
30 Reform Act 1998 insert--
"(3) Despite subsection (1), the infringement
penalty for an offence against section 113(1),
(1A), (1B) or (1C) is 2 penalty units.".
561081B.I-4/12/2007 6 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 9
9 Summary Offences Act 1966 See:
Act No.
(1) After section 60AA(1) of the Summary Offences 7405.
Act 1966 insert-- Reprint No. 9
as at
14 September
"(1A) A member of the police force may serve an 2005
5 infringement notice on any person that he or and
amending
she has reason to believe has committed an Act Nos
offence against the following sections-- 16/2004,
97/2005,
(a) section 9(1)(c); 23/2006,
24/2006,
(b) section 17(1)(c); 32/2006,
63/2006 and
49/2007.
10 (c) section 17(1)(d). LawToday:
www.
(1B) An infringement notice under subsection legislation.
(1A) must not be served on a person who is vic.gov.au
under 18 years of age at the time of the
alleged offence.".
15 (2) In section 60AA(2) of the Summary Offences
Act 1966 after "subsection (1)" insert "or (1A)".
(3) At the end of section 60AB of the Summary
Offences Act 1966 insert--
"(2) Despite subsection (1), the infringement
20 penalty for an alleged offence against section
9(1)(c), 17(1)(c) or 17(1)(d) for which an
infringement notice may be served is
2 penalty units.".
561081B.I-4/12/2007 7 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 10
See: 10 New section 74A inserted--Crimes Act 1958
Act No.
6231. After section 74 of the Crimes Act 1958 insert--
Reprint No. 19
as at "74A Shop theft
1 December
2006 (1) Despite section 74 and anything to the
and
5 amending contrary in this Division, a member of the
Act Nos police force may serve an infringement
16/2004,
97/2005, notice on any person if he or she believes on
23/2006, reasonable grounds that the theft is shop
48/2006,
50/2006, theft.
76/2006,
10 32/2007 and (2) An offence referred to in subsection (1) for
50/2007. which an infringement notice may be served
LawToday:
www. is an infringement offence within the
legislation. meaning of the Infringements Act 2006.
vic.gov.au
(3) The infringement penalty for an offence for
15 which an infringement notice may be served
under this section is 2 penalty units.
(4) An infringement notice under this section
must not be served on a person who is under
18 years of age at the time of the alleged
20 offence.
Note
The Infringements Act 2006 provides that, subject to
that Act and any other Act, a person who pays an
infringement penalty and any prescribed costs within
25 the time required under that Act expiates the offence
by that payment. Section 33 of that Act provides that,
generally, expiation means that no further proceedings
may be taken against the person for that offence and
no conviction is taken to have been recorded against
30 the person for that offence. Payment is not to be
taken as an admission of guilt or liability and payment
is not to be referred to in any report provided to a
court for the purposes of determining sentence for an
offence.
561081B.I-4/12/2007 8 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 2--Trial Expansion of Enforcement by Infringement Notice
s. 11
(5) For the purposes of this section--
retail premises means the whole or any part
of a building, structure or place or any
vehicle--
5 (a) that is used wholly or
predominantly for the retail sale of
goods; and
(b) in or at which goods are sold or
exposed or offered for sale by
10 retail on one or more occasions;
shop theft means theft from retail premises
of property which is goods valued at, or
displayed for sale at, a price less than
$600.".
15 11 Repeal of amendments relating to trial period
(1) In the Liquor Control Reform Act 1998--
(a) section 141(1B) is repealed;
(b) in section 141(2), paragraphs (fb) and (ga)
are repealed;
20 (c) section 144(3) is repealed.
(2) In the Summary Offences Act 1966--
(a) section 60AA(1A) and (1B) are repealed;
(b) in section 60AA(2) omit "or (1A)";
(c) section 60AB(2) is repealed.
25 (3) Section 74A of the Crimes Act 1958 is repealed.
__________________
561081B.I-4/12/2007 9 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 12
PART 3--MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT
12 Request for additional information
For section 23(2), (3) and (4) of the Principal Act
5 substitute--
"(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
10 document making the request as the
date of the document; or
(b) the date when the additional
information is provided.
(3) Within 14 days of service of the request for
15 additional information by the enforcement
agency, the applicant--
(a) must provide the additional
information; or
(b) if additional time is required, may
20 request in writing an extension of time
to provide the additional information.
(4) If the applicant requests additional time in
accordance with subsection (3)(b), the
enforcement agency may--
25 (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.
30 (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.
561081B.I-4/12/2007 10 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 13
(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
5 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
10 information; or
(b) despite subsections (3) and (4)--
(i) if the applicant provides the
additional information to the
enforcement agency out of time,
15 may accept that late information;
and
(ii) may review the decision under
section 24 with that late
information.".
20 13 Review by enforcement agency
For section 24(3)(a)(ii) of the Principal Act
substitute--
"(ii) if an enforcement agency requests additional
information under section 23, within the
25 prescribed period referred to in
subparagraph (i) plus 35 days, whether or not
the additional information was received by
the agency; and".
14 Decision to go to Court--lodgeable infringement
30 offences
In section 40(3) of the Principal Act, for
"Without" substitute "Subject to section 40A,
without".
561081B.I-4/12/2007 11 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 15
15 New section 40A inserted
After section 40 of the Principal Act insert--
"40A Going to Court--indictable offences
If a person has been served with an
5 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
10 the matter to the Court under this Part,
section 53 of the Magistrates' Court Act
1989 applies as if the person had been
charged before the Court with that indictable
offence.".
15 16 Payment plans may extend period for bringing
proceedings for offence
(1) In section 53(1) of the Principal Act, omit "other
than a lodgeable infringement offence" (wherever
occurring).
20 (2) The note at the foot of section 53 of the Principal
Act is repealed.
17 Lodgement of infringement penalty with
infringements registrar
For section 54(2)(g) and (h) of the Principal Act
25 substitute--
"(g) if the infringement notice was issued in
respect of an offence against section 73(1) of
the Melbourne City Link Act 1995, the
person was at the time of the infringement
30 offence the responsible person (within the
meaning of Part 6AA of the Road Safety
Act 1986) in relation to the vehicle involved
in the offence; and
561081B.I-4/12/2007 12 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 18
(h) if the infringement notice was issued in
respect of an offence under section 204 of
the EastLink Project Act 2004, the person
was at the time of the trip to which the
5 infringement offence relates the responsible
person (within the meaning of Part 6AA of
the Road Safety Act 1986) in relation to the
vehicle involved in the offence.".
18 Extended period for lodgement
10 After section 55(h) of the Principal Act insert--
"(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
15 the person who made the nomination, no
more than 6 months after the date of
cancellation of the nomination; or".
19 Expiry of enforcement orders
After section 62(4) of the Principal Act insert--
20 "(5) In this section, a reference to an enforcement
order includes an enforcement order
reinstated under section 63.".
20 Reinstatement after enforcement order has expired
(1) For section 63(3) of the Principal Act
25 substitute--
"(3) An enforcement order that has expired may
only be reinstated once by an infringements
registrar under this section.".
(2) Section 63(4) of the Principal Act is repealed.
561081B.I-4/12/2007 13 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 21
21 Power to vary costs or fees
In section 67 of the Principal Act--
(a) in subsection (1) after "section 65(1)(b)"
insert "or (c)";
5 (b) subsection (3) is repealed.
22 New section 71A inserted
After section 71 of the Principal Act insert--
"71A Going to Court--indictable offences
If a person has been served with an
10 infringement notice in respect of an
infringement offence which is an indictable
offence and the matter is referred to the
Court under this Part or an order is made
under section 72(1), section 53 of the
15 Magistrates' Court Act 1989 applies as if
the person had been charged before the Court
with that indictable offence.".
23 Application of Part 7
In section 95(1) of the Principal Act--
20 (a) for "an infringement warrant has" substitute
"one or more infringement warrants have";
(b) after "person" insert "in respect of the
infringement warrant or those infringement
warrants, as the case requires".
25 24 Detention, immobilisation and sale of motor vehicles
(1) In section 96(1) of the Principal Act, for "an
infringement warrant has" substitute "one or
more infringement warrants have".
(2) In section 97(1)(e)(i) of the Principal Act, for
30 "an infringement warrant has" substitute "one or
more infringement warrants have".
561081B.I-4/12/2007 14 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 24
(3) In section 99(1)(a) of the Principal Act, for "an
infringements warrant has" substitute "one or
more infringement warrants have".
(4) In section 100(1) of the Principal Act--
5 (a) in paragraph (a)(i), after "warrant" insert
"or warrants, as the case requires,";
(b) for paragraph (b) substitute--
"(b) the registered operator becomes subject
to a payment order;";
10 (c) in paragraph (c) for "person against whom an
infringement warrant has been issued"
substitute "registered operator";
(d) in paragraph (f), after "warrant" insert
"or warrants, as the case requires,";
15 (e) in paragraph (h)--
(i) after "warrant" insert "or warrants, as
the case requires,";
(ii) after "has" insert "or have";
(f) in paragraph (i)--
20 (i) after "warrant" insert "or warrants, as
the case requires,";
(ii) after "has" insert "or have";
(5) In section 100(2) of the Principal Act--
(a) after "warrant" insert "or warrants, as the
25 case requires,";
(b) after "was" insert "or were".
561081B.I-4/12/2007 15 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 25
25 Seizure and sale and recovery by third party
(1) In section 101 of the Principal Act--
(a) in subsection (1), for "an infringement
warrant" substitute "one or more
5 infringement warrants";
(b) in subsection (2)(b), after "warrant" insert
"or warrants, as the case requires,".
(2) In section 102 of the Principal Act--
(a) in subsection (1), for "an infringement
10 warrant has" substitute "one or more
infringement warrants have";
(b) in subsection (3)--
(i) after "warrant" insert "or warrants, as
the case requires,";
15 (ii) after "was" insert "or were".
26 Return of motor vehicle or item of low monetary
value
In section 103(1)(a) and (2)(a) of the Principal
Act, after "the infringement warrant" insert
20 "or warrants, as the case requires,".
27 Application of proceeds of sale and good title
(1) In section 104(d) of the Principal Act, after
"warrant" insert "or warrants, as the case
requires".
25 (2) In section 106(2) of the Principal Act for "an
infringements warrant was" substitute "one or
more infringement warrants were".
561081B.I-4/12/2007 16 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 28
28 Meaning of person in default in Part 8
(1) In section 108(1) of the Principal Act--
(a) for paragraph (a) substitute--
"(a) one or more infringement warrants
5 have been issued against the person;
and";
(b) in paragraph (b) after "person" insert
"in respect of that infringement warrant or
those infringement warrants, as the case
10 requires";
(c) in paragraph (c)--
(i) in subparagraph (i) after "warrant"
insert "or those infringement warrants,
as the case requires";
15 (ii) in subparagraph (ii) after "warrant"
insert "or those warrants, as the case
requires";
(iii) in subparagraph (iii) after "order"
insert "or orders (as the case requires)
20 in respect of which the infringement
warrant was, or infringement warrants
were, issued".
(2) In section 108(2) of the Principal Act after "this
Part" insert "in respect of any infringement
25 warrant or enforcement order to which the
application relates".
29 Action under Part 8
After section 109(3) of the Principal Act insert--
"(4) Without limiting any other power under this
30 Part, the sheriff may make one direction
under this Part in respect of multiple
infringement warrants issued against a
person in default.".
561081B.I-4/12/2007 17 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 30
30 Sheriff may direct VicRoads to suspend driver
licence
(1) In section 110(2) of the Principal Act--
(a) in paragraph (a) after "warrant" insert
5 "or warrants, as the case requires";
(b) in paragraph (b) after "order" insert "in
respect of the amount outstanding to which
the proposed direction under subsection (1)
relates";
10 (c) in paragraph (c) after "order" insert "or
orders (as the case requires) in respect of the
amount outstanding to which the proposed
direction under subsection (1) relates".
(2) For section 110(3) of the Principal Act
15 substitute--
"(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
20 (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
25 revocation of an enforcement order
(as the case requires) in respect of that
infringement warrant which has not
been determined--
no direction under subsection (1) applying to
30 that infringement warrant may be made until
the application is determined.
561081B.I-4/12/2007 18 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 31
(3A) Despite subsection (2)(b) or (c), if--
(a) a notice of intention to make a direction
under subsection (2) relates to more
than one infringement warrant; and
5 (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
10 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
15 made applying to any infringement warrant
in respect of which the person has made that
application until the application is
determined.
(3B) Nothing in subsection (3A) prevents a notice
20 of intention to make a direction under
subsection (2) 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
25 made an application of the kind referred to in
subsection (3A).".
31 When does suspension of driver licence cease?
In section 111 of the Principal Act--
(a) in paragraph (a), for "the infringement
30 warrant or enforcement order" substitute
"every infringement warrant or enforcement
order to which the direction under section
110(1) applies";
561081B.I-4/12/2007 19 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 32
(b) in paragraph (b), after "order" insert "in
respect of every infringement warrant or
enforcement order to which the direction
under section 110(1) applies";
5 (c) in paragraph (c), after "the person" insert
"for the amount outstanding";
(d) in paragraph (d), after "Court" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
10 under section 110(1) applies";
(e) in paragraph (e), after "granted" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
under section 110(1) applies";
15 (f) in paragraph (f), for "the infringement
warrant or enforcement order" substitute
"every infringement warrant or enforcement
order to which the direction under section
110(1) applies";
20 (g) for paragraphs (h) and (i) substitute--
"(h) all infringement warrants to which the
direction under section 110(1) applies
have been recalled and cancelled by an
infringements registrar;
25 (i) all infringement warrants to which the
direction under section 110(1) applies
have expired;".
32 Sheriff may direct VicRoads to suspend vehicle
registration
30 (1) In section 112(2) of the Principal Act--
(a) in paragraph (a), after "warrant" insert
"or warrants, as the case requires";
561081B.I-4/12/2007 20 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 32
(b) in paragraph (b), after "order" insert "in
respect of the amount outstanding to which
the proposed direction under subsection (1)
relates";
5 (c) in paragraph (c), after "order" insert "or
orders (as the case requires) in respect of the
amount outstanding to which the proposed
direction under subsection (1) relates".
(2) For section 112(3) of the Principal Act
10 substitute--
"(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
15 (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
20 revocation of an enforcement order
(as the case requires) in respect of that
infringement warrant which has not
been determined--
no direction under subsection (1) applying to
25 that infringement warrant may be made until
the application is determined.
(3A) Despite subsection (2)(b) or (c), if--
(a) a notice of intention to make a direction
under subsection (2) relates to more
30 than 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
35 application under section 65 for the
561081B.I-4/12/2007 21 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 33
revocation of an enforcement order
(as the case requires) in respect of one
or more of those infringement
warrants--
5 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.
10 (3B) Nothing in subsection (3A) prevents a notice
of intention to make a direction under
subsection (2) being made in relation to, or a
direction under subsection (1) being made
which applies to, one or more infringement
15 warrants in respect of which a person has not
made an application of the kind referred to in
subsection (3A).".
33 When does suspension of registration cease?
In section 113 of the Principal Act--
20 (a) in paragraph (a), for "the infringement
warrant or enforcement order" substitute
"every infringement warrant or enforcement
order to which the direction to suspend under
section 112(1) applies";
25 (b) in paragraph (b), after "order" insert "in
respect of every infringement warrant or
enforcement order to which the direction
under section 112(1) applies";
(c) in paragraph (c), after "the person" insert
30 "for the amount outstanding";
(d) in paragraph (d), after "Court" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
under section 112(1) applies";
561081B.I-4/12/2007 22 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 34
(e) in paragraph (e), after "granted" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
under section 112(1) applies";
5 (f) for paragraphs (h) and (i) substitute--
"(h) all infringement warrants to which the
direction under section 112(1) applies
have been recalled and cancelled by an
infringements registrar;
10 (i) all infringement warrants to which the
direction under section 112(1) applies
have expired;".
34 Direction not to renew driver licence or motor
vehicle registration
15 (1) In section 114(1) and (2) of the Principal Act, for
"an infringement warrant has" substitute "one or
more infringement warrants have".
(2) After section 114(4) of the Principal Act insert--
"(5) If a direction under this section is in force in
20 respect of a person or a motor vehicle or
trailer of which the person is the registered
operator, and the person to whom the
direction applies becomes a person in default
in respect of one or more subsequent
25 infringement warrants--
(a) the sheriff may add those subsequent
infringement warrants to the direction,
including, in the case of a direction
under subsection (2), the deemed
30 direction under subsection (4); and
(b) the direction under this section
continues to apply until the direction
has ceased in accordance with
section 115.".
561081B.I-4/12/2007 23 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 35
35 Renewal of licence or registration
In section 115 of the Principal Act--
(a) in paragraph (a), for "the infringement
warrant or enforcement order" substitute
5 "every infringement warrant or enforcement
order to which the direction under
section 114 applies";
(b) in paragraph (b), after "order" insert "in
respect of every infringement warrant or
10 enforcement order to which the direction
under section 114 applies";
(c) in paragraph (c), after "the person" insert
"for the amount outstanding";
(d) in paragraph (d), after "Court" insert "and
15 there are no other infringement warrants or
enforcement orders to which the direction
under section 114 applies";
(e) in paragraph (e), after "granted" insert "and
there are no other infringement warrants or
20 enforcement orders to which the direction
under section 114 applies";
(f) for paragraphs (h) and (i) substitute--
"(h) all infringement warrants to which the
direction under section 114 applies
25 have been recalled and cancelled by an
infringements registrar;
(i) all infringement warrants to which the
direction under section 114 applies
have expired;".
561081B.I-4/12/2007 24 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 36
36 Direction not to transfer registration
(1) In section 116(3)(a) of the Principal Act--
(a) in subparagraph (i) after "warrant" insert
"or warrants, as the case requires";
5 (b) in subparagraph (ii) after "order" insert "in
respect of the amount outstanding to which
the direction under subsection (1) applies";
(c) in subparagraph (iii) after "order" insert "or
orders (as the case requires) in respect of the
10 amount outstanding to which the direction
under subsection (1) applies".
(2) For section 116(4) of the Principal Act
substitute--
"(4) Despite subsection (3)(a), if--
15 (a) a notice of a direction under subsection
(3)(a) relates to only one infringement
warrant; and
(b) the person on whom that notice was
served has made an application for a
20 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
25 been determined--
no direction under subsection (1) applying to
that infringement warrant may be made until
the application is determined.
(4A) Despite subsection (3)(a), if--
30 (a) a notice of a direction under subsection
(3)(a) relates to more than one
infringement warrant; and
561081B.I-4/12/2007 25 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 37
(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
5 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
10 made applying to any infringement warrant
in respect of which the person has made that
application until the application is
determined.
(4B) Nothing in subsection (4A) prevents a notice
15 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
20 application of the kind referred to in
subsection (4A).".
37 When can transfer of registration occur?
In section 117 of the Principal Act--
(a) in paragraph (a), for "the infringement
25 warrant or enforcement order" substitute
"every infringement warrant or enforcement
order to which the direction to suspend under
section 116(1) applies";
(b) in paragraph (b), after "order" insert "in
30 respect of every infringement warrant or
enforcement order to which the direction
under section 116(1) applies";
(c) in paragraph (c), after "the person" insert
"for the amount outstanding";
561081B.I-4/12/2007 26 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 38
(d) in paragraph (d), after "Court" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
under section 116(1) applies";
5 (e) in paragraph (e), after "granted" insert "and
there are no other infringement warrants or
enforcement orders to which the direction
under section 116(1) applies";
(f) for paragraphs (h) and (i) substitute--
10 "(h) all infringement warrants to which the
direction under section 116(1) applies
have been recalled and cancelled by an
infringements registrar;
(i) all infringement warrants to which the
15 direction under section 116(1) applies
have expired;".
38 Section 122 substituted
For section 122 of the Principal Act substitute--
"122 Application of Part
20 This Part applies if, in respect of one or more
outstanding infringement warrants issued
against a person, the person owes a total
amount outstanding which is not less than
the prescribed amount.".
25 39 Charges over and sale of real property
(1) For section 134(a) of the Principal Act
substitute--
"(a) in respect of one or more outstanding
infringement warrants issued against a
30 person, the person owes a total amount
outstanding which is not less than the
prescribed amount; and".
561081B.I-4/12/2007 27 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 40
(2) In section 136(1) of the Principal Act--
(a) in paragraph (a) for "an outstanding
infringement warrant" substitute "one or
more outstanding infringement warrants";
5 (b) in paragraph (b) after "warrant" insert
"or warrants".
(3) In section 137(2) of the Principal Act after
"warrant" insert "or warrants (as the case
requires)".
10 (4) In section 146(c) of the Principal Act after
"warrant" insert "or warrants (as the case
requires)".
40 Powers of the Court
(1) After section 160(2)(d) of the Principal Act
15 insert--
"(da) discharge up to two thirds of the outstanding
fines and order that the infringement
offender be imprisoned for a period of one
day in respect of each penalty unit, or part of
20 a penalty unit, to which the remaining
undischarged amount of the outstanding
fines under the infringement warrant or
warrants is an equivalent amount; or".
(2) After section 160(3)(c) of the Principal Act
25 insert--
"(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
30 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".
(3) In section 160(3)(e) of the Principal Act, for
35 "a community" substitute "make a community".
561081B.I-4/12/2007 28 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 3--Miscellaneous Amendments to the Principal Act
s. 40
(4) In section 160(4) of the Principal Act--
(a) for "or (3)(a)" substitute ", (2)(da), (3)(a) or
(3)(ca)";
(b) in paragraph (b), for "Magistrates' Court
5 Act 1989" substitute "Sentencing Act
1991".
__________________
561081B.I-4/12/2007 29 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 4--Amendments to Other Acts
s. 41
PART 4--AMENDMENTS TO OTHER ACTS
See: 41 Amendment of Children, Youth and Families
Act No.
96/2005. Act 2005
Reprint No. 1
as at For clause 3(2)(l) and (m) of Schedule 3 to the
23 April 2007
5 and
Children, Youth and Families Act 2005
amending substitute--
Act Nos
97/2005, "(l) if the infringement notice was issued in
23/2006,
24/2006, respect of an offence against section 73(1) of
51/2006, the Melbourne City Link Act 1995, the
81/2006,
10 24/2007, child was at the time of the alleged offence
28/2007 and the responsible person (within the meaning
56/2007.
LawToday: of Part 6AA of the Road Safety Act 1986)
www. in relation to the vehicle involved in the
legislation.
vic.gov.au offence; and
15 (m) if the infringement notice was issued in
respect of an offence under section 204 of
the EastLink Project Act 2004, the child
was at the time of the alleged offence the
responsible person (within the meaning of
20 Part 6AA of the Road Safety Act 1986) in
relation to the vehicle involved in the
offence.".
561081B.I-4/12/2007 30 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 4--Amendments to Other Acts
s. 42
42 Amendment of Melbourne City Link Act 1995 See:
Act No.
(1) In section 87A(5) of the Melbourne City Link 107/1995.
Act 1995-- Reprint No. 6
as at
10 February
(a) in paragraph (a), for "at any time under 2006
5 section 83(1)" substitute "under section 18 and
amending
of the Infringements Act 2006"; Act Nos
61/2005,
(b) paragraph (b) is repealed; 32/2006,
48/2006,
(c) for paragraph (c) substitute-- 63/2006,
74/2006,
"(c) the period specified in the infringement 81/2006,
85/2006,
10 notice as the period for payment of the 14/2007 and
infringement penalty does not apply 30/2007.
LawToday:
and the extended period becomes the www.
period in which payment of the legislation.
vic.gov.au
infringement penalty must be made;
15 and";
(d) in paragraph (e), for "period; and" substitute
"period.";
(e) paragraphs (f) and (g) are repealed.
(2) For section 87A(6)(b) and (c) of the Melbourne
20 City Link Act 1995 substitute--
"(b) gives a statement under section 84BE of the
Road Safety Act 1986 to an enforcement
official within the meaning of Part 6AA of
that Act; or
25 (c) elects to have the matter heard and
determined in the Magistrates' Court under
Part 2 of the Infringements Act 2006 or, in
the case of a child, elects to have the matter
heard and determined in the Children's
30 Court; or".
561081B.I-4/12/2007 31 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 4--Amendments to Other Acts
s. 43
(3) In section 87A(7) of the Melbourne City Link
Act 1995--
(a) for "Despite anything to the contrary in
section 83(2A), if the" substitute "If the";
5 (b) for "section 83(1)" substitute "section 18 of
the Infringements Act 2006".
(4) Section 87A(8) of the Melbourne City Link Act
1995 is repealed.
See: 43 Amendment of Subordinate Legislation Act 1994
Act No.
104/1994.
10 Reprint No. 3
In section 6A(1) of the Subordinate Legislation
as at Act 1994--
1 January
2007. (a) omit "against the statutory rule";
LawToday:
www. (b) in paragraph (a) after "of the" (where twice
legislation.
vic.gov.au occurring) insert "offence referred to in the";
15 (c) in paragraph (c) after "rule" insert ", insofar
as it relates to an infringement offence".
See: 44 New section 121A inserted in Supreme Court
Act No.
110/1986. Act 1986
Reprint No. 6
as at After section 121 of the Supreme Court Act
28 April 2006
20 and
1986 insert--
amending
Act Nos "121A Power to temporarily restrain
48/2006 and
24/2007. (1) The sheriff, a person directed by the sheriff
LawToday: to execute a warrant and any person assisting
www.
legislation. in the execution of a warrant may restrain a
25 vic.gov.au person who is hindering the execution of that
warrant.
(2) A person restrained under this section must
be released as soon as the activity that the
person was hindering has been completed.
30 (3) Nothing in this section affects the operation
of section 121 or 124 or the powers of the
Court in relation to contempt.".
561081B.I-4/12/2007 32 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 4--Amendments to Other Acts
s. 45
45 Amendment of Surveillance Devices Act 1999 See:
Act No.
In section 11(2)(d)(iii) of the Surveillance 21/1999.
Devices Act 1999 for "Schedule 7 to the Reprint No. 1
as at
Magistrates' Court Act 1989 (enforcement of 1 July 2006
5 infringement penalties)" substitute and
amending
"the Infringements Act 2006". Act No.
70/2006.
LawToday:
www.
legislation.
vic.gov.au
__________________
561081B.I-4/12/2007 33 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Part 5--General
s. 46
PART 5--GENERAL
46 Repeal of Act
This Act is repealed on 1 July 2012.
Note
5 The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
561081B.I-4/12/2007 34 BILL LA INTRODUCTION 4/12/2007
Infringements and Other Acts Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561081B.I-4/12/2007 35 BILL LA INTRODUCTION 4/12/2007
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