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PARLIAMENT OF VICTORIA
Infringements (Consequential and Other
Amendments) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
3. Principal Act 3
PART 2--AMENDMENTS TO THE PRINCIPAL ACT 4
4. Definitions 4
5. Guidelines 5
6. Infringement offences to which Principal Act applies 6
7. Official warnings do not affect other powers 6
8. Service of infringement notices 6
9. Section 13 substituted 7
13. Forms of infringement notice 7
10. Late payment 8
11. Having matter heard in Court 8
12. Enforcement agency can refer matter to Court 9
13. Withdrawal of infringement notice 10
14. Withdrawal 10
15. Application for internal review and additional information 11
16. Internal review 12
17. Review terminated if matter goes to Court 13
18. Penalty reminder notices 14
19. Person may elect to have matter heard and determined in Court 14
20. Expiation 14
21. Refunds of penalties 14
22. Decision to go to Court--lodgeable infringement offences 15
23. Avoiding service 15
24. Payment plans 16
25. Period for bringing proceedings 17
26. Lodgement 17
27. Extended period for lodgement for tolled roads 18
28. Enforcement orders 19
29. New section 63A inserted 19
63A. Application of Division 19
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Clause Page
30. Revocation of enforcement orders 20
31. Avoiding service 20
32. Infringement warrants 21
33. Executing infringement warrant after 7 day period 22
34. Meaning of "person in default" in Part 8 22
35. Action under Part 8 23
36. Directions to suspend driver licence or vehicle registration 23
37. Direction not to renew driver licence or motor vehicle
registration 25
38. Direction not to transfer registration 26
39. Miscellaneous amendments 27
40. New section 146A inserted 27
146A. Definition 27
41. Community work permits 27
42. Periods of work 29
43. Community work 29
44. Section 156 substituted 30
156. Breach of community work permit 30
45. Part payment 32
46. New section 157A inserted 33
157A. Hours worked reduces outstanding fines 33
47. Section 158 substituted 33
158. Application of this Division 33
48. Powers of the Court when infringement offender brought
before the Court 34
49. New section 161A inserted 36
161A. Term of imprisonment in default of payment of
outstanding fines 36
50. Service of documents 37
51. New section 163A inserted 38
163A. Service deemed despite document being returned to
sender 38
52. Regulations 39
53. Amendments to other Acts in the Principal Act 40
54. New Part 15 inserted 42
PART 15--TRANSITIONAL AND SAVINGS
PROVISIONS 42
186. Definition 42
187. General transitional provision 42
188. Infringement offences 42
189. Infringement notices 42
190. Form of infringement notice 43
191. Courtesy letters 44
192. Decision to go to Court 44
193. Payment plans 44
194. Infringement penalties registered under former scheme 45
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551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
Clause Page
195. Enforcement orders made and notices of enforcement
order sent under former scheme 46
196. Applications for an order to pay fine by instalments
and extensions of time to pay under former scheme 46
197. Orders to pay fine by instalments and extension of
time to pay under former scheme 47
198. Pending revocation applications under former scheme 48
199. Enforcement orders revoked under former scheme 48
200. Pending hearings under the former scheme 49
201. Seven-day notice 49
202. Unexecuted warrants issued under former scheme 50
203. Former scheme warrants where execution has
commenced 51
204. Registrars in PERIN Court 51
205. Superseded references 52
206. Enforcement agencies 53
207. PERIN offences 53
208. Deemed service 54
209. Clauses 28 and 29 of Schedule 7 continue to have
effect 54
210. Regulations dealing with transitional matters 54
PART 3--AMENDMENTS TO CHILDREN AND YOUNG
PERSONS ACT 1989 56
55. Consequential amendments 56
56. Application and definitions 57
57. Repeal of provisions relating to courtesy letters and
instalments 58
58. Lodgement 58
59. New clauses 14 and 15 inserted 59
60. Repeal of Part 3 of Schedule 2A 61
PART 4--AMENDMENTS TO OTHER ACTS 62
Division 1--Road Safety Act 1986 62
61. Amendments to Part 6 of Road Safety Act 1986 62
62. Parking infringements 66
63. Traffic infringements 67
64. Effect of payment of penalty 69
65. Effect of drink-driving infringements, drug-driving
infringements and excessive speed infringements 70
66. Extension of time to object if no actual notice 70
67. Section 89E substituted 70
89E. Application of the Infringements Act 2006 to certain
offences 70
68. Consequential amendments to the Road Safety Act 1986 71
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551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
Clause Page
Division 2--Marine Act 1988 71
69. Marine infringements 71
70. Payment of penalty 72
71. Miscellaneous amendments to Marine Act 1988 72
72. Section 61C substituted 73
61C. Application of the Infringements Act 2006 to certain
offences 73
73. Subject matter for regulations 73
Division 3--Transport Act 1983 73
74. Transport and ticket infringements 73
75. Safety work infringements 74
76. Section 215E substituted 75
215E. Application of Infringements Act 2006 75
77. Regulations 75
Division 4--Chattel Securities Act 1987 76
78. Definitions 76
Division 5--EastLink Project Act 2004 77
79. Miscellaneous amendments to EastLink Project Act 2004 77
80. Expiation 77
81. Repeal of redundant sections of the EastLink Project Act 2004 78
82. Enforcement 78
83. Consequential amendments to EastLink Project Act 2004 78
Division 6--Melbourne City Link Act 1995 79
84. Provision for infringement offences 79
85. Payment of penalties and further proceedings 79
Division 7--Infringement Offences--Liquor Control Reform
Act 1998 84
86. New offences 84
87. Consequential amendments 84
146. Effect of expiation 85
Division 8--Other Acts 85
88. Magistrates' Court Act 1989 85
89. New clause 36 to Schedule 8 inserted 86
36. Validation of service of certain documents under
Schedule 7 86
90. Corrections Act 1986 87
91. Bail Act 1977 87
92. Consequential amendments to the Sentencing Act 1991 89
93. Section 69 of the Sentencing Act 1991 substituted 89
69. Application to infringement enforcement procedure 89
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Clause Page
PART 5--CONSEQUENTIAL AMENDMENTS FOR
INFRINGEMENTS ACT 2006 90
94. Schedule 90
__________________
SCHEDULE--Consequential Amendments for Infringements
Act 2006 91
ENDNOTES 111
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551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2006
As amended by Assembly 30 May 2006
A BILL
to provide for transitional arrangements for the Infringements Act
2006, to make other amendments to that Act, to amend the Children
and Young Persons Act 1989, the Road Safety Act 1986, the
Marine Act 1988, the Transport Act 1983, the EastLink Project
Act 2004, the Melbourne City Link Act 1995, the Chattel
Securities Act 1987, the Bail Act 1977, the Sentencing Act 1991,
the Magistrates' Court Act 1989 and the Corrections Act 1986, to
amend the Liquor Control Reform Act 1998 to provide for certain
offences to be enforced by infringement notice and to make
consequential amendments to various Acts and for other purposes.
Infringements (Consequential and
Other Amendments) Act 2006
The Parliament of Victoria enacts as follows:
1
551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make amendments to, and provide for
transitional arrangements for, the
5
Infringements Act 2006;
(b) to amend the Children and Young Persons
Act 1989 in relation to infringement
offences;
(c) to amend the Road Safety Act 1986, the
10
Marine Act 1988, the Transport Act 1983,
the EastLink Project Act 2004 and the
Melbourne City Link Act 1995 in relation
to infringement offences;
(d) to amend the Chattel Securities Act 1987,
15
the Bail Act 1977, the Magistrates' Court
Act 1989, the Corrections Act 1986 and the
Sentencing Act 1991 in relation to
infringement offences;
(e) to amend the Liquor Control Reform Act
20
1998 to enable certain offences against that
Act to be enforced by infringement notice;
(f) to consequentially amend various Acts as a
result of enactment of the Infringements
Act 2006.
25
2. Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Section 53 is deemed to have come into operation
on 11 April 2006.
30
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 1--Preliminary
s. 3
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 2007, it
comes into operation on that day.
3. Principal Act
See:
In this Act, the Infringements Act 2006 is called
5 Act No.
the Principal Act. 12/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 4
PART 2--AMENDMENTS TO THE PRINCIPAL ACT
4. Definitions
(1) In section 3(1) of the Principal Act--
(a) in the definition of "additional steps", for
"or regulations" substitute "or other
5
instrument";
(b) in the definition of "infringement notice"
after "served" insert "or to be served";
(c) for the definition of "infringement offence"
substitute--
10
' "infringement offence" means an offence
which may be the subject of an
infringement notice under--
(a) any Act or statutory rule; or
(b) any local law; or
15
(c) any Commonwealth Act or any
Act of another State or Territory
or any subordinate instrument
under such an Act that applies as a
law of Victoria;';
20
(d) insert the following definitions--
' "child" means a person who at the time of
the alleged commission of an
infringement offence was under the age
of 18 years but of or above the age of
25
10 years but does not include any
person who is of or above the age of
19 years when an infringement penalty
is lodged under section 54 or registered
under clause 5 of Schedule 2A to the
30
Children and Young Persons Act
1989;
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 5
"local law" means a local law made under
Part 5 of the Local Government Act
1989;'.
(2) In section 3(1) of the Principal Act, in the
definition of "prescribed costs"--
5
(a) in paragraph (c), after "other Act;" insert
"and";
(b) after paragraph (c) insert--
"(d) any other costs or fees prescribed in the
regulations to be a prescribed cost;".
10
(3) In section 3(1) of the Principal Act--
(a) the definition of "fine units" is repealed;
(b) in the definition of "infringement offender"
for "an infringement warrant" substitute
"one or more infringement warrants".
15
(4) After section 3(2) of the Principal Act insert--
"(3) Nothing in the definition of "special
circumstances" is to be taken as limiting any
power of the Court to consider the
circumstances of any person in a proceeding
20
before the Court under this Act or any other
Act.".
5. Guidelines
In section 5(1) of the Principal Act--
(a) in paragraph (a) for "or regulations"
25
substitute "or other instrument";
(b) in paragraph (c)(iv), after "warnings" insert
"issued or".
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 6
6. Infringement offences to which Principal Act applies
(1) In section 7(1) of the Principal Act, after
"offences" insert ", including a local law which is
a parking infringement within the meaning of the
Road Safety Act 1986".
5
(2) For section 7(3) of the Principal Act substitute--
"(3) Subject to anything to the contrary in the
Children and Young Persons Act 1989 or
this Act, this Part and Parts 2 and 3 and
Part 13 (other than sections 164, 165
10
and 166) of this Act apply to infringement
notices issued to or served on a child for an
infringement offence.".
(3) For section 7(4) of the Principal Act substitute--
"(4) Regulations made under this Act must not
15
prescribe an infringement offence under a
local law (other than a parking infringement)
to be a lodgeable infringement offence.".
(4) Section 7(5) of the Principal Act is repealed.
7. Official warnings do not affect other powers
20
In section 10(d) of the Principal Act, for
"or regulations" substitute "or other instrument".
8. Service of infringement notices
(1) In section 12(d) of the Principal Act--
(a) for "or regulations" substitute "or other
25
instrument";
(b) after "offence" insert "or any other Act or
other instrument".
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Act No.
Part 2--Amendments to the Principal Act
s. 9
(2) At the end of section 12 of the Principal Act
insert--
"(2) Subject to any evidence to the contrary and
despite anything to the contrary in section 49
of the Interpretation of Legislation Act
5
1984, an infringement notice served by post
in accordance with sub-section (1)(b) is
deemed to be served 14 days after the date of
the infringement notice.
(3) An infringement notice served on a person
10
less than 28 days before the date specified in
the infringement notice as the due date for
payment of the infringement penalty is
invalid.
15 Note: See section 163A.".
9. Section 13 substituted
For section 13 of the Principal Act substitute--
"13. Forms of infringement notice
An infringement notice must--
(a) be in writing and contain the prescribed
20
details;
(b) state that--
(i) the person is entitled to elect to
have the matter of the
infringement offence heard and
25
determined in the Court; or
(ii) in the case of an infringement
notice served on a child, is entitled
to have the matter of the
infringement offence dealt with by
30
the Children's Court in accordance
with the Children and Young
Persons Act 1989.".
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Act No.
Part 2--Amendments to the Principal Act
s. 10
10. Late payment
For section 15(b) of the Principal Act
substitute--
"(b) in the case of--
(i) a lodgeable infringement offence for
5
which an infringement notice was
served on a person other than a child,
the details of the infringement penalty
in respect of that offence have not been
lodged with an infringements registrar
10
under section 54; or
(ii) an infringement offence for which an
infringement notice was served on a
child, the details of the infringement
penalty in respect of that offence have
15
not been registered with the Children's
Court under clause 5 of Schedule 2A to
the Children and Young Persons Act
1989.".
11. Having matter heard in Court
20
(1) In the heading to section 16 of the Principal Act,
after "Court" insert "or Children's Court".
(2) In section 16 of the Principal Act--
(a) in sub-section (1), after "determined in"
insert "the";
25
(b) in sub-section (2)(a) omit "89 and".
(3) After section 16(2) of the Principal Act insert--
"(3) Despite sub-section (1), if a person served
with an infringement notice is a child, that
person may elect to have the matter of the
30
infringement offence heard and determined
in the Children's Court--
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Act No.
Part 2--Amendments to the Principal Act
s. 12
(a) in the case of an infringement offence
for which an infringement penalty may
be registered under clause 5 of
Schedule 2A to the Children and
Young Persons Act 1989, at any time
5
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
10
in relation to the offence to which the
infringement notice relates.".
12. Enforcement agency can refer matter to Court
(1) In the heading to section 17 of the Principal Act,
after "Court" insert "or Children's Court".
15
(2) In section 17(1) of the Principal Act, for "An"
substitute "Subject to sub-section (3), an".
(3) In section 17(2)(a) of the Principal Act omit
"89 and".
(4) After section 17(2) of the Principal Act insert--
20
"(3) In the case of an infringement notice served
on a child, an enforcement agency may
withdraw the infringement notice and file a
charge and summons in the Children's Court
for the matter to be dealt with at any time--
25
(a) in the case of an infringement offence
for which an infringement penalty may
be registered under clause 5 of
Schedule 2A to the Children and
Young Persons Act 1989, before an
30
enforcement order under that Schedule
is made;
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Act No.
Part 2--Amendments to the Principal Act
s. 13
(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.".
5
13. Withdrawal of infringement notice
(1) For section 18(1)(b) of the Principal Act
substitute--
"(b) in the case of an infringement offence for
which an infringement penalty may be
10
registered under clause 5 of Schedule 2A to
the Children and Young Persons Act 1989,
at any time before an enforcement order
under that Schedule is made;
(c) in the case of any other infringement
15
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) In section 18(6)(a) of the Principal Act omit
20
"88, 89 and".
14. Withdrawal
(1) In section 19(b)(iv) of the Principal Act, for
"or regulations" substitute "or other instrument".
(2) In section 20 of the Principal Act--
25
(a) in sub-section (1), after "under this Act"
insert "or any other Act";
(b) in sub-section (2)(b) after "of this Act"
insert "or any other Act".
10
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 15
15. Application for internal review and additional
information
(1) For section 22(2)(a)(i) of the Principal Act
substitute--
"(i) in the case of--
5
(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
10
offence are lodged with an
infringements registrar under
section 54; or
(B) an infringement offence for which an
infringement notice was served on a
15
child, at any time before the
infringement penalty in respect of that
offence is registered with the Children's
Court under clause 5 of Schedule 2A to
the Children and Young Persons Act
20
1989; and".
(2) In section 23 of the Principal Act--
(a) in sub-section (1), after "request" insert
"in writing";
(b) in sub-section (2), after "days" insert
25
"from the date of service of the request".
11
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Act No.
Part 2--Amendments to the Principal Act
s. 16
16. Internal review
(1) For section 24(3) of the Principal Act
substitute--
"(3) An enforcement agency must--
(a) review a decision--
5
(i) within the prescribed time; or
(ii) if an enforcement agency requests
additional information under
section 23, within the prescribed
time referred to in sub-
10
paragraph (i) plus the period not
exceeding 21 days after service of
the request during which the
review was suspended, whether or
not the additional information was
15
received by the agency; and
(b) within 21 days of deciding the review,
serve on the applicant a written notice
advising of the outcome of the
review.".
20
(2) In section 25(1)(d) of the Principal Act--
(a) after "matter to" insert "the";
(b) after "Part" insert "or, in the case of an
infringement notice served on a child,
withdraw the infringement notice and file a
25
charge and summons in the Children's Court
for the matter to be dealt with in that Court".
(3) In section 25(1)(e) of the Principal Act, for
"or regulations" substitute "or other instrument".
12
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 17
(4) In section 25(3) of the Principal Act--
(a) after "matter to" insert "the";
(b) after "Part" insert "or, in the case of an
infringement notice served on a child,
withdraw the infringement notice and file a
5
charge and summons in the Children's Court
for the matter to be dealt with in that Court".
(5) For section 26(1)(b) of the Principal Act
substitute--
"(b) the due date specified in the penalty
10
reminder notice; or
(c) within 14 days after the person has been
served with written notice advising of the
outcome of the review.".
(6) For section 26(2)(a)(ii) of the Principal Act
15
substitute--
"(ii) the due date specified in the penalty
reminder notice; or
(iii) within 14 days after the person has been
served with written notice advising of the
20
outcome of the review; and".
17. Review terminated if matter goes to Court
(1) In the heading to section 27 of the Principal Act,
after "Court" insert "or Children's Court".
(2) In section 27 of the Principal Act--
25
(a) after "determined in" insert "the";
(b) after "this Part" insert "or, in the case of an
infringement notice served on a child, heard
and determined in the Children's Court".
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Act No.
Part 2--Amendments to the Principal Act
s. 18
18. Penalty reminder notices
(1) In section 28 of the Principal Act, after
"This Division" insert ", except section 29,".
(2) In section 29(3) of the Principal Act, for "until the
end of 28 days after service of the penalty
5
reminder notice" substitute "for a period specified
in the penalty reminder notice, being a period not
less than 28 days after the penalty reminder notice
has been served".
19. Person may elect to have matter heard and
10
determined in Court
(1) In the heading to section 30 of the Principal Act,
after "Court" insert "or Children's Court".
(2) In section 30(1) of the Principal Act, for "Court"
substitute "the Court or, in the case of an
15
infringement notice served on a child, heard and
determined in the Children's Court".
(3) In section 30(2) of the Principal Act, for
"in Court" (where twice occurring) substitute
"in the Court or the Children's Court, as the case
20
requires".
20. Expiation
In the Principal Act--
(a) in section 32(2)(b), for "or regulations that
create" substitute "or other instrument that
25
creates";
(b) in section 35, for "or regulations" (wherever
occurring) substitute "or other instrument".
21. Refunds of penalties
(1) In section 38(3)(a) of the Principal Act for
30
"or relevant regulation" substitute "or other
instrument".
14
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 22
(2) In section 39 of the Principal Act--
(a) for "in Court" substitute "in the Court or the
Children's Court, as the case requires";
(b) for "Court under this Part" substitute
"the Court under this Part or to the Children's
5
Court, as the case requires".
22. Decision to go to Court--lodgeable infringement
offences
(1) In section 40(1) of the Principal Act--
(a) after "determined in" insert "the";
10
(b) after "offence to" insert "the".
(2) In the note to section 40(2) of the Principal Act,
after "applies to" insert "the enforcement of".
(3) After section 40(3) of the Principal Act insert--
"(4) This section does not apply to an
15
infringement offence alleged to have been
committed by a child and the Children and
Young Persons Act 1989 applies in respect
of such an infringement offence.".
23. Avoiding service
20
For section 41(b) of the Principal Act
substitute--
"(b) the Court--
(i) is not satisfied that the defendant had
knowledge of the time and place of the
25
hearing; or
(ii) is satisfied that the defendant had that
knowledge, but is not satisfied that the
defendant would not be prejudiced by
the non-service--".
30
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Part 2--Amendments to the Principal Act
s. 24
24. Payment plans
(1) In section 46(1) of the Principal Act, after "natural
person" insert ", including a child,".
(2) For section 46(2)(a) of the Principal Act
substitute--
5
"(a) in the case of--
(i) 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
10
infringement penalty in respect of that
offence are lodged with an
infringements registrar under
section 54; or
(ii) an infringement offence for which an
15
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 5 of Schedule 2A to
20
the Children and Young Persons Act
1989; and".
(3) In section 46(2)(b) of the Principal Act, after
"relates" insert ", whether in the Court or the
Children's Court, as the case requires".
25
(4) For section 49(3) of the Principal Act
substitute--
"(3) If an enforcement agency withdraws an
infringement notice under this Act or the Act
or other instrument which establishes the
30
infringement offence in respect of which the
infringement notice was served, the
enforcement agency must--
16
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Act No.
Part 2--Amendments to the Principal Act
s. 25
(a) in the case of a payment plan managed
by the enforcement agency, remove the
infringement penalty and any
prescribed costs in respect of the
infringement offence in relation to the
5
withdrawn infringement notice from a
person's payment plan; and
(b) in the case of a payment plan managed
by the Secretary, request the Secretary
to remove the infringement penalty and
10
any prescribed costs in respect of the
infringement offence in relation to the
withdrawn infringement notice from a
person's payment plan.".
(5) In section 51(3) of the Principal Act, for
15
"or regulations" substitute "or other instrument".
25. Period for bringing proceedings
(1) In section 53(2) of the Principal Act, for
"or regulations" substitute "or other instrument".
(2) In section 56 of the Principal Act, for
20
"or regulations" substitute "or other instrument".
26. Lodgement
(1) For section 54(2)(b) of the Principal Act
substitute--
"(b) the period specified in the penalty reminder
25
notice for payment under the penalty
reminder notice has passed; and".
(2) In section 54(2)(h) of the Principal Act, for
"Mitcham-Frankston" substitute "EastLink".
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27. Extended period for lodgement for tolled roads
(1) For section 55(d) of the Principal Act
substitute--
"(d) if a payment plan is cancelled--
(i) by the person to whom the payment
5
plan applies, no more than 6 months
after the person cancels the plan; or
(ii) under section 48(2), no more than
6 months after the date on which the
payment plan is cancelled under that
10
section; or".
(2) In section 55(f) of the Principal Act, for
"or regulations" (where twice occurring)
substitute "or other instrument".
(3) In section 55(h) of the Principal Act--
15
(a) for "Mitcham-Frankston" substitute
"EastLink";
(b) for "nominated driver." substitute
"nominated driver; or".
(4) After section 55(h) of the Principal Act insert--
20
"(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
infringement notice under section 210(1) of
25
that Act; or
(j) subject to paragraph (h), if the offence has
been committed under section 73 of the
Melbourne City Link Act 1995, no more
than 6 months after the date of service of the
30
infringement notice under section 80(1) of
that Act.".
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28. Enforcement orders
(1) In section 60(4) of the Principal Act, after "such a
statement" insert "or complete details of any
outstanding enforcement orders in such a
statement".
5
(2) In section 61(1)(b) of the Principal Act, before
"the person" insert "subject to sections 89 and
89A to 89D of the Road Safety Act 1986, section
215C of the Transport Act 1983 or sections 61A
and 61BA of the Marine Act 1988 (as the case
10
requires),".
(3) In section 61(2) of the Principal Act, for "relevant
regulation" substitute "other instrument".
29. New section 63A inserted
In Division 3 of Part 4 of the Principal Act, before
15
section 64 insert--
"63A. Application of Division
(1) Subject to sub-section (2), this Division does
not apply to an infringement notice or an
infringement offence of a kind to which any
20
of the following provisions apply--
(a) sections 89A to 89D of the Road
Safety Act 1986;
(b) section 215C of the Transport Act
1983;
25
(c) sections 61A and 61BA of the Marine
Act 1988.
(2) An enforcement agency may apply for a
revocation of an enforcement order under
this Division in respect of an infringement
30
notice or an infringement offence of a kind
referred to in sub-section (1).".
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30. Revocation of enforcement orders
(1) For section 65(1)(c) of the Principal Act
substitute--
'(c) without limiting paragraph (b), a person
acting on behalf of a person with special
5
circumstances against whom an enforcement
order has been made.
Note: "special circumstances" is defined in
section 3.'.
(2) In section 66(5) of the Principal Act omit "under
10
this section".
(3) After section 66(6) of the Principal Act insert--
"(7) Nothing in this section limits the power of an
infringements registrar or the Court to
revoke an enforcement order on any other
15
basis.".
31. Avoiding service
For section 73(b) of the Principal Act
substitute--
"(b) the Court--
20
(i) is not satisfied that the defendant had
knowledge of the time and place of the
hearing; or
(ii) is satisfied that the defendant had that
knowledge, but is not satisfied that the
25
defendant would not be prejudiced by
the non-service--".
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32. Infringement warrants
(1) For section 82(1)(c)(ii) of the Principal Act
substitute--
"(ii) subject to any endorsement under section
80(2), directs and authorises the person to
5
whom it is directed to arrest the person
named in the infringement warrant and--
(A) deal with that person in accordance
with Division 1 of Part 12, if
appropriate; or
10
(B) if the person refuses to enter into an
undertaking of bail or cannot be dealt
with under Division 1 of Part 12, take
and safely convey the person named in
the infringement warrant to a prison or
15
a police gaol and there to deliver the
person to the officer in charge of the
prison or police gaol for the purposes of
being dealt with under Division 2 of
Part 12.".
20
(2) After section 82(4) of the Principal Act insert--
"(5) An infringement warrant must be in the
prescribed form.".
(3) In section 83(1) of the Principal Act--
(a) in paragraph (a) for "48" substitute "24";
25
(b) in paragraph (b) for "warrant." substitute
"warrant; or";
(c) after paragraph (b) insert--
"(c) to be released on a community work
permit in accordance with Part 12 or
30
otherwise dealt with under that Part.".
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33. Executing infringement warrant after 7 day period
(1) In section 90(b) of the Principal Act, for sub-
paragraphs (i) to (iii) substitute--
"(i) obtained a payment order; or
(ii) been granted a revocation of the enforcement
5
order to which the infringement warrant
relates.".
(2) At the end of section 90 of the Principal Act
insert--
"(2) Despite sub-section (1)(b), no step may be
10
taken in the execution of an infringement
warrant issued against a person if that person
has made an application for a payment order
under section 76 or an application under
section 65 for the revocation of an
15
enforcement order (as the case requires)
which has not been determined, until the
application is determined.".
34. Meaning of "person in default" in Part 8
(1) In section 108(c) of the Principal Act--
20
(a) for "service for" substitute "service of";
(b) in sub-paragraph (ii) for "applying for"
substitute "obtaining";
(c) in sub-paragraph (iii) for "applying for"
substitute "being granted".
25
(2) At the end of section 108 of the Principal Act
insert--
"(2) Despite sub-section (1)(c)(ii) and (iii), if a
person has made an application for a
payment order under section 76 or an
30
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
22
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sub-section (1)(c), that person is not a person
in default for the purposes of this Part--
(a) until the application is determined; and
(b) unless the payment order has not been
obtained or the revocation of the
5
enforcement order has not been
granted, as the case requires.".
35. Action under Part 8
After section 109(2) of the Principal Act insert--
"(3) Nothing in this Part prevents the sheriff
10
making more than one direction under this
Part or more than one type of direction under
this Part in respect of any person or any
motor vehicle or trailer.".
36. Directions to suspend driver licence or vehicle
15
registration
(1) In section 110(2) of the Principal Act--
(a) in paragraph (b) for "applies for" substitute
"has obtained";
(b) in paragraph (c) for "applies for" substitute
20
"has been granted".
(2) After section 110(2) of the Principal Act insert--
"(3) Despite sub-section (2)(b) or (c), no direction
under sub-section (1) may be made if the
person on whom a notice of intention to
25
make a direction was served under sub-
section (2) 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
30
case requires) which has not been
determined, until the application is
determined.
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(4) The sheriff may serve a notice of intention
under sub-section (2) whether or not the
person whose driver licence is to be
suspended is a person in default at the time
of the service of that notice of intention.".
5
(3) In section 112(2) of the Principal Act--
(a) in paragraph (b) for "applies for" substitute
"has obtained";
(b) in paragraph (c) for "applies for" substitute
"has been granted".
10
(4) For section 112(3) of the Principal Act
substitute--
"(3) Despite sub-section (2)(b) or (c), no direction
under sub-section (1) may be made if the
person on whom a notice of intention to
15
make a direction was served under sub-
section (2) 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
20
case requires) which has not been
determined, until the application is
determined.
(4) The sheriff may serve a notice of intention
under sub-section (2) whether or not the
25
person who is the registered operator of a
vehicle in respect of which the registration is
to be suspended is a person in default at the
time of the service of that notice of intention.
(5) This section applies whether the person who
30
is the registered operator of a vehicle is a
natural person or a body corporate.".
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37. Direction not to renew driver licence or motor
vehicle registration
(1) In section 114(1) and (2) of the Principal Act, for
"suspension" substitute "non-renewal direction".
(2) After section 114(3) of the Principal Act insert--
5
"(4) If the sheriff makes a direction to VicRoads
under sub-section (2)--
(a) a direction not to transfer to any other
person the registration of a motor
vehicle or trailer under section 116 is
10
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 sub-
15
section (2) is made; and
(b) section 116 (other than sub-section
(3)(a)) applies with such modification
as is necessary in respect of the
direction under sub-section (2) insofar
20
as that direction includes the deemed
direction referred to in paragraph (a);
and
(c) on the non-renewal direction pursuant
to a direction under sub-section (2)
25
ceasing in accordance with section 115,
the deemed direction referred to in
paragraph (a) is deemed to have ceased
in accordance with section 117 without
the sheriff having to make a separate
30
notification in accordance with that
section.".
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38. Direction not to transfer registration
(1) In section 116(1) of the Principal Act, for
"suspension has ceased in accordance with
section 117" substitute "direction not to transfer
has ceased in accordance with section 117 or, in
5
the case of a deemed direction under section
114(4), has ceased in accordance with section
114(4)(c)".
(2) In section 116(3) of the Principal Act--
(a) for "At least 7 days before" substitute "On";
10
(b) in paragraph (a)--
(i) for "of intention to direct" substitute
"of the making of a direction to";
(ii) omit ", before the end of the period
specified in the notice of intention";
15
(iii) in sub-paragraph (ii) for "applies for"
substitute "has obtained";
(iv) in sub-paragraph (iii) for "applies for"
substitute "has been granted";
(c) in paragraph (b), for "intention to make"
20
substitute "making of".
(3) After section 116(3) of the Principal Act insert--
"(4) Despite sub-section (3)(a), no direction
under sub-section (1) may be made if the
person on whom a notice of the direction
25
was served under sub-section (3)(a) 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)
30
which has not been determined, until the
application is determined.".
(4) In section 116(4) of the Principal Act, for
"(4) This section" substitute "(5) This section".
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39. Miscellaneous amendments
(1) In sections 70 and 71 of the Principal Act, after
"referred to" insert "the".
(2) In section 120(2)(c) of the Principal Act, omit
"it is an offence to fail to comply with the
5
summons and".
(3) In sections 123(1)(c) and 129(1)(c) of the
Principal Act, for "service for" substitute
"service of".
(4) In section 144(1) of the Principal Act, for "serve"
10
substitute "cause to be served".
(5) In section 164(4) of the Principal Act, after
"concerning the" insert "handling,".
40. New section 146A inserted
In Division 1 of Part 12 of the Principal Act,
15
before section 147 insert--
'146A. Definition
In this Part, "sheriff" includes a person to
whom the sheriff has given a direction under
section 84(5).'.
20
41. Community work permits
(1) In section 147(1) of the Principal Act--
(a) for "elects" substitute "is eligible";
(b) after "permit" insert "and consents to do so".
(2) For section 147(2) of the Principal Act
25
substitute--
"(2) A community work permit must not be
issued under this Division to an infringement
offender in respect of one or more
infringement warrants if the total amount of
30
the outstanding fines under that infringement
warrant or those infringement warrants
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exceeds an amount equivalent to the value of
100 penalty units.
(3) A community work permit must not be
issued under this Division to an infringement
offender unless the sheriff is satisfied that the
5
infringement offender--
(a) has the capacity to perform community
work; and
(b) is reasonably unlikely to breach the
conditions of a community work
10
permit.".
(3) In section 148 of the Principal Act--
(a) in paragraph (a), for "an infringement
warrant" substitute "one or more
infringement warrants";
15
(b) in paragraph (b)--
(i) for "elects" substitute "consents";
(ii) for "the infringement warrant"
substitute "one or more infringement
warrants";
20
(c) after "with the infringement warrant" insert
"or warrants".
(4) At the end of section 148 of the Principal Act
insert--
"(2) A community work permit must specify--
25
(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
30
work permit in respect of each
infringement warrant to which the
community work permit applies.".
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(5) In section 150 of the Principal Act, for "a period
determined by the sheriff" substitute "the number
of hours specified in the community work permit".
42. Periods of work
(1) For the heading to section 151 of the Principal Act
5
substitute--
"Cumulative periods of work under
community work permits and fine default
CBOs".
(2) At the end of section 151 of the Principal Act
10
insert--
'(2) If a fine default CBO is in force in respect of
an infringement offender, the hours of
unpaid community work that the
infringement offender is required to perform
15
under a community work permit in force at
the same time as the fine default CBO must
be performed cumulatively with the hours
performed under the fine default CBO.
20 Note: Work under fine default CBOs is to be
performed cumulatively with work under other
fine default CBOs but concurrently with work
performed under any other community based
order under the Sentencing Act 1991. See
25 section 42(3) of the Sentencing Act 1991.
(3) In this section "fine default CBO" means a
community based order under Division 4 of
Part 3 of the Sentencing Act 1991.'.
43. Community work
(1) In section 152(1) of the Principal Act--
30
(a) for "The number" substitute "Subject to sub-
section (4), the number";
(b) for "fine unit" (wherever occurring)
substitute "penalty unit";
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(c) after "outstanding fines" insert "expressed as
an amount equivalent to penalty units";
(d) after "infringement warrant" insert
"or warrants".
(2) In section 152(2) of the Principal Act, for "The"
5
substitute "Subject to sub-section (3), the".
(3) After section 152(3) of the Principal Act insert--
"(4) The number of hours of unpaid community
work specified in a community work permit
must be performed over a period not
10
exceeding the period specified in column 2
of the table below opposite the
corresponding number of hours specified in
column 1 of that table.
15 TABLE
Column 1 Column 2
Number of Hours Period
376 to 500 24 months
251 to 375 18 months
126 to 250 12 months
51 to 125 6 months
up to 50 3 months
".
44. Section 156 substituted
For section 156 of the Principal Act substitute--
"156. Breach of community work permit
(1) If an infringement offender fails without
20
reasonable excuse to comply with a
community work permit or any condition of
a community work permit issued to him or
her or with any requirement of the
regulations made for the purposes of this
25
Part, the infringement offender is guilty of an
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offence for which he or she may be
proceeded against on a charge filed in the
Court by a prescribed person or a member of
a prescribed class of persons.
(2) A proceeding for an offence under sub-
5
section (1) may be commenced at any time
up until 3 years after the date on which the
offence is alleged to have been committed.
(3) Despite anything to the contrary in the
Magistrates' Court Act 1989--
10
(a) on the filing of a charge referred to in
sub-section (1), an application under
section 28(1) of that Act for the issue of
a summons to answer to the charge or a
warrant to arrest may be made to the
15
registrar at any venue of the Court;
(b) a summons to answer to the charge
issued on an application referred to in
paragraph (a) must direct the
infringement offender to attend at the
20
Court to answer the charge;
(c) a warrant to arrest issued on an
application referred to in paragraph (a)
authorises the person to whom it is
directed to bring the infringement
25
offender when arrested before the Court
to be dealt with under Division 2 of this
Part.
(4) If, on the hearing of a charge under sub-
section (1) the Court finds the infringement
30
offender guilty of the offence, it may impose
a fine not exceeding 10 penalty units.
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(5) The Court, in addition to imposing a fine
under sub-section (4), may--
(a) vary the community work permit; or
(b) confirm the community work permit; or
(c) cancel the community work permit (if it
5
is still in force) and, whether or not it is
in force, subject to sub-section (6), deal
with the infringement offender in
accordance with section 160.
(6) In determining how to deal with an
10
infringement offender following the
cancellation by it of a community work
permit, the Court must take into account the
extent to which the infringement offender
had complied with the community work
15
permit before its cancellation.
(7) A fine imposed under this section--
(a) does not affect the continuance of the
community work permit, if it is still in
force; and
20
(b) must be taken for all purposes to be a
fine payable on a conviction for an
offence.".
45. Part payment
In section 157 of the Principal Act for "fine units"
25
substitute "penalty units".
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46. New section 157A inserted
After section 157 of the Principal Act insert--
"157A. Hours worked reduces outstanding fines
If an infringement offender has completed a
number of hours of work under a community
5
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
10
as the number of hours worked bears to the
total number of hours required to be worked
under the community work permit.".
47. Section 158 substituted
For section 158 of the Principal Act substitute--
15
"158. Application of this Division
This Division applies if an infringement
offender--
(a) does not consent to a community work
permit; or
20
(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
25
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
30
a condition of the permit or any
requirement of the regulations
made for the purposes of this Part;
or
33
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(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.".
48. Powers of the Court when infringement offender
5
brought before the Court
(1) In section 159(1) of the Principal Act--
(a) for "An infringement offender" substitute
"Subject to section 161A, an infringement
offender";
10
(b) omit "under an infringement warrant".
(2) In section 159(2)(b) of the Principal Act for
"given a written notice requiring him or her to
appear before the Court on that date" substitute
"discharged from custody on bail under section 10
15
of the Bail Act 1977".
(3) In section 159 of the Principal Act--
(a) for "48" (wherever occurring) substitute
"24";
(b) sub-section (3) is repealed; and
20
(c) for "(4) An" substitute "(3) An"; and
(d) for "(5) This" substitute "(4) This".
(4) In section 160 of the Principal Act--
(a) in sub-section (1)--
(i) for "fine unit, or part of a fine unit, of"
25
substitute "penalty unit, or part of a
penalty unit, to which";
(ii) after "infringement warrant" insert
"or warrants is an equivalent amount";
34
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(b) in sub-section (3)--
(i) in paragraph (a), for "fine unit" (where
twice occurring), substitute "penalty
unit";
(ii) in paragraph (a), for "amount of the
5
outstanding fines" substitute "penalty
units to which the amount of the
outstanding fines is an equivalent
amount";
(c) in sub-section (3)(d), for "months."
10
substitute "months; or";
(d) after sub-section (3)(d) insert--
"(e) a community based order under
Division 4 of Part 3 of the Sentencing
Act 1991.";
15
(e) for sub-section (4)(b) substitute--
"(b) the Court may make an instalment
order under the Magistrates' Court
Act 1989 in respect of the payment of
the outstanding fines.".
20
(5) In section 161 of the Principal Act--
(a) in sub-section (1)--
(i) for "the infringement warrant"
substitute "any infringement warrant";
(ii) for "an infringement warrant"
25
substitute "a warrant to imprison
issued under section 68 of the
Magistrates' Court Act 1989";
(iii) in paragraph (b), for "an infringements
registrar" substitute "the registrar at
30
any venue of the Court";
(b) in sub-section (3)(a)(i), for "infringement
warrant" substitute "warrant to imprison".
35
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49. New section 161A inserted
After section 161 of the Principal Act insert--
"161A. Term of imprisonment in default of
payment of outstanding fines
(1) If--
5
(a) one or more infringement warrants are
issued against a person who is in
custody; and
(b) the person consents in writing to the
sheriff to serving a period of
10
imprisonment in default of payment of
the outstanding fines under any one or
more of the infringement warrants--
the Court may order that the person be
imprisoned for a period of one day in respect
15
of each penalty unit, or part of a penalty unit,
of the amount of the penalty units to which
the outstanding fines under the infringement
warrant or warrants is an equivalent amount.
(2) The Court may make an order under sub-
20
section (1) whether or not the person is
brought before the Court.
(3) If the Court makes an order under sub-
section (1) in respect of a person who is only
in custody because of--
25
(a) an order under section 160; or
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(b) being in default of--
(i) an instalment order within the
meaning of the Sentencing Act
1991; or
(ii) the payment of a fine--
5
the Court must order that the term of
imprisonment in the order made under sub-
section (1) is to be served cumulatively with
the term of imprisonment for which the
person is currently in custody.
10
(4) Subject to sub-section (3), a term of
imprisonment imposed by an order under
sub-section (1) must be served concurrently
with any uncompleted sentence or sentences
of imprisonment or detention in a youth
15
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
20
cumulatively on the uncompleted sentence or
sentences.".
50. Service of documents
(1) In section 162 of the Principal Act--
(a) in sub-section (2)(d), for "110, 112 or 116"
25
substitute "110 or 112";
(b) in sub-section (4)(e), for "Mitcham-
Frankston" substitute "EastLink".
(2) After section 162(5) of the Principal Act insert--
"(6) Subject to any evidence to the contrary and
30
despite anything to the contrary in section 49
of the Interpretation of Legislation Act
1984, any document that is served by post in
accordance with this section is deemed to be
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served 14 days after the date specified in the
document as the date of that document.
(7) A document served on a person less than the
period required by this Act for service of that
kind of document is invalidly served.".
5
51. New section 163A inserted
After section 163 of the Principal Act insert--
'163A. Service deemed despite document being
returned to sender
(1) Subject to sub-section (2) and despite
10
anything to the contrary in section 162(6), a
document, other than an infringement notice,
served by post to a person at an authorised
address and returned undelivered to its
sender, is deemed to be served 14 days after
15
the date specified in the document as the date
of that document, despite it being returned to
its sender as undelivered.
(2) Despite anything to the contrary in section
12(2), an infringement notice in respect of a
20
lodgeable infringement offence served by
post to a person at an authorised address and
returned undelivered to its sender, is deemed
to be served 14 days after the date of that
infringement notice, despite it being returned
25
to its sender as undelivered.
(3) For the purposes of this section, "authorised
address" means--
(a) an address recorded in relation to a
person in a register kept by a public
30
statutory body (including, in relation to
a director, alternate director or secretary
of a company within the meaning of the
Corporations Act, the Australian
Securities and Investments
35
Commission) if by law that person or
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another person is required to notify that
public statutory body of any change in
that address;
(b) in relation to any document in respect
of a transport infringement within the
5
meaning of the Transport Act 1983 or
a ticket infringement within the
meaning of that Act, an address
provided by a person to an authorised
officer or police member under section
10
218B of that Act after that officer or
that member has requested the person
to state his or her name and address
because the officer or member believes
on reasonable grounds that the person
15
has committed a transport infringement
or a ticket infringement, as the case
requires.
(4) This section has effect despite anything to
the contrary in section 49(1) of the
20
Interpretation of Legislation Act 1984.
Note: See sections 37 and 38 which deal with the
situation where a person does not know that he
or she has been served with an infringement
25 notice and then subsequently becomes aware
of that infringement notice.'.
52. Regulations
In section 168(1)(j) of the Principal Act, after
"Part 12" insert--
"including, but not limited to--
30
(i) the commencement of community work
permits;
(ii) the matters to be specified in community
work permits;
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(iii) the supply of copies of community work
permits to specified persons;
(iv) the obligations of persons subject to
community work permits;
(v) the payment of fines by or on behalf of a
5
person required to perform unpaid
community work under a community work
permit".
53. Amendments to other Acts in the Principal Act
(1) In section 171 of the Principal Act, in proposed
10
section 99(a) of the Magistrates' Court Act
1989, for "regulation" substitute "other
instrument".
(2) In section 176(2) of the Principal Act omit
", except for clauses 28 and 29,".
15
(3) In section 180 of the Principal Act, in proposed
section 9AC of the Road Safety Act 1986--
(a) after "section 114" (wherever occurring)
insert "(2)";
(b) in sub-section (1), after "that vehicle or
20
trailer" insert "or transfer to any other
person any registration of that motor vehicle
or trailer in respect of that registered
operator";
(c) in sub-section (2), after "granted" insert
25
"or registration transferred".
(4) In section 180 of the Principal Act, in proposed
section 9AE of the Road Safety Act 1986--
(a) in sub-section (1)--
(i) after "Infringements Act 2006," insert
30
"or if a deemed direction under section
114(4) of that Act is in force,";
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(ii) after "section 116 of that Act" insert
"or a deemed direction under section
114(4) of that Act";
(iii) for "suspension" substitute "direction
not to transfer";
5
(iv) for "117 of that Act has occurred"
substitute "115 or 117 of that Act has
occurred, as the case requires";
(b) in sub-section (2)--
(i) after "Infringements Act 2006," insert
10
"or if a deemed direction under section
114(4) of that Act is in force,";
(ii) for "117 of that Act occurs" substitute
"115 or 117 of that Act occurs, as the
case requires";
15
(iii) after "section 116 of that Act" insert
"or a deemed direction under section
114(4) of that Act".
(5) In section 180 of the Principal Act, in proposed
section 9AF of the Road Safety Act 1986--
20
(a) for "section 117" substitute "section 115
or 117";
(b) after "Infringements Act 2006" insert
"as the case requires".
(6) In section 182 of the Principal Act, in proposed
25
section 19A(1) of the Road Safety Act 1986, for
"suspension" substitute "non-renewal direction".
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54. New Part 15 inserted
After Part 14 of the Principal Act insert--
'PART 15--TRANSITIONAL AND SAVINGS
PROVISIONS
186. Definition
5
In this Part, "former scheme" means
Schedule 7 to the Magistrates' Court Act
1989 as in force immediately before its
repeal.
187. General transitional provision
10
(1) This Part does not affect or take away from
the operation of the Interpretation of
Legislation Act 1984.
(2) Except as specifically provided, this Part
does not affect or take away from any other
15
transitional provision.
188. Infringement offences
Subject to this Part and anything to the
contrary in this Act, this Act applies to any
infringement offence irrespective of whether
20
the infringement offence was committed
before, on or after the commencement of
section 176(2).
189. Infringement notices
(1) Subject to this Part and anything to the
25
contrary in this Act, this Act applies to any
infringement notice irrespective of whether
the infringement notice was issued or served
before, on or after the commencement of
section 176(2).
30
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(2) Despite sub-section (1) and anything to the
contrary in this Act, if an infringement notice
was issued to or served on a person before
the commencement of section 176(2)--
(a) the date or period of time specified in
5
the infringement notice as the time by
which the person issued or served with
the notice must pay the penalty
specified in the infringement notice is
the date or period of time by which that
10
person must pay that penalty,
irrespective of whether that date or
period of time specified is less than
28 days after the infringement notice
was issued or served; and
15
(b) if any matter specified in the
infringement notice conflicts with the
requirements of this Act, the matter
specified in the infringement notice
prevails.
20
190. Form of infringement notice
Despite anything to the contrary in this Act,
an infringement notice in a form which
complied with any Act, regulation or other
instrument as in force immediately before
25
the commencement of section 13--
(a) is deemed to comply with section 13
for a period of 6 months from the
commencement of that section; and
(b) may, for a period of 6 months from that
30
commencement, be issued or served in
respect of an infringement offence
whether the infringement offence is
alleged to have been committed before,
on or after the commencement of that
35
section; and
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(c) may be enforced in accordance with
this Act, despite not complying with
that section.
191. Courtesy letters
(1) Subject to sub-section (2), a courtesy letter
5
within the meaning of the former scheme
served under the former scheme before the
commencement of section 29, on and from
that commencement--
(a) is deemed to be a penalty reminder
10
notice under this Act; and
(b) may be dealt with and enforced as a
penalty reminder notice under this Act.
(2) Sub-section (1) does not affect a decision of
a person made under clause 3(6) of the
15
former scheme to decline to be dealt with
under Part 2 of the former scheme.
192. Decision to go to Court
If a person has made a decision under
clause 3(6) of the former scheme to decline
20
to be dealt with under Part 2 of that scheme
and on the commencement of section 176(2)
that matter has not been referred to the
Court, on and from that commencement, this
Act applies as if that decision under
25
clause 3(6) were an election made under
Part 2 of this Act.
193. Payment plans
A payment plan arranged and managed by an
enforcement agency or managed by the
30
Secretary under the former scheme, on and
from the commencement of section 176(2)--
(a) is deemed to be a payment plan
arranged and managed by an
enforcement agency or managed by the
35
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Secretary (as the case requires) under
this Act; and
(b) may be managed and dealt with in
accordance with Part 3 of this Act.
194. Infringement penalties registered under
5
former scheme
(1) If an enforcement agency has sought to have
an infringement penalty with any prescribed
costs registered under the former scheme for
enforcement under the former scheme but
10
the infringement penalty and any prescribed
costs were not registered before the
commencement of section 176(2), the
infringement penalty and any prescribed
costs, on and from that commencement--
15
(a) are deemed to be lodged under
section 54 of this Act; and
(b) may be enforced in accordance with
this Act.
(2) If a registrar under the former scheme
20
registered an infringement penalty or part of
an infringement penalty and any prescribed
costs under the former scheme before the
commencement of section 176(2) but an
enforcement order was not made before that
25
commencement, an infringements registrar
may make an enforcement order in respect of
the infringement penalty or part of an
infringement penalty and any prescribed
costs under section 59 of this Act as if the
30
details of that infringement penalty or part of
an infringement penalty and any prescribed
costs had been lodged under section 54 of
this Act.
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195. Enforcement orders made and notices of
enforcement order sent under former
scheme
(1) An enforcement order made under the
former scheme is, on and from the
5
commencement of section 59--
(a) deemed to be an enforcement order
made under section 59 of this Act; and
(b) all rights, duties and enforcement
mechanisms that apply in respect of an
10
enforcement order made under this Act
apply to the deemed enforcement order;
and
(c) if the registrar under the former scheme
has not already caused notice of the
15
enforcement order to be sent, an
infringements registrar must cause an
enforcement order notice to be sent to
the person under section 60 of this Act.
(2) A notice under clause 6 of the former
20
scheme sent before the commencement of
section 60 to a person against whom an
enforcement order has been made is deemed,
on and from that commencement, to be an
enforcement order notice under section 60 of
25
this Act.
196. Applications for an order to pay fine by
instalments and extensions of time to pay
under former scheme
(1) If a natural person (other than a director to
30
whom a declaration under clause 8A of the
former scheme applies) has applied to the
registrar under the former scheme before the
commencement of section 176(2) for an
order to pay a fine by instalments or an order
35
to pay a fine within an extended period in
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accordance with clause 7 of the former
scheme and that application is pending on
that commencement, an infringements
registrar may consider that application under
section 77 of this Act as if that application
5
were an application for a payment order
under this Act.
(2) If a body corporate has applied to the
registrar before the commencement of
section 176(2) for an order to pay a fine by
10
instalments or an order to pay a fine within
an extended period in accordance with
clause 7 of the former scheme and that
application is pending on that
commencement, an infringements registrar
15
must consider the application, and if
necessary, make an order under clause 7 of
the former scheme as if the former scheme
had not been repealed.
(3) If a person defaults under an order made
20
pursuant to sub-section (2), an infringements
registrar may issue an infringement warrant
against the person under this Act despite the
default being made in respect of an order
made under the former scheme.
25
197. Orders to pay fine by instalments and
extension of time to pay under former
scheme
(1) Subject to sub-section (2), an order to pay a
fine by instalments or an order to pay a fine
30
within an extended period made by the
registrar under the former scheme before the
commencement of section 176(2) continues
in force, on and from that commencement, as
if the former scheme had not been repealed
35
until the fine is paid in accordance with the
order.
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(2) On and from the commencement of section
176(2), if a person defaults under an order
referred to in sub-section (1) for a period of
more than 28 days, an infringements registrar
may issue an infringement warrant against
5
the person under this Act as if the default had
been made under a payment order under this
Act.
198. Pending revocation applications under
former scheme
10
(1) If a revocation application made to the
registrar under clause 10(1) of the former
scheme is pending on the commencement of
section 176(2), an infringements registrar
may deal with that application under
15
section 66 of this Act as if that application
were a revocation application made under
section 65 of this Act.
(2) If a revocation application made under
clause 10(6) of the former scheme that has
20
been referred to the Court under the former
scheme is pending on the commencement of
section 176(2), that application may be heard
by the Court under section 72 of this Act as
if the application were a revocation
25
application made under section 68(1) of this
Act.
199. Enforcement orders revoked under
former scheme
On and from the commencement of section
30
176(2), an enforcement order revoked under
the former scheme before that
commencement must be taken to be an
enforcement order revoked under this Act.
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200. Pending hearings under the former
scheme
(1) If, immediately before the commencement of
section 176(2), any matter in respect of an
alleged infringement offence, including any
5
application to the Court under the former
scheme, was pending before the Court under
the former scheme but the Court had not
begun to hear the matter, on and from that
commencement, the matter must be heard
10
and determined by the Court in accordance
with this Act.
(2) If, immediately before the commencement of
section 176(2), a matter in respect of an
alleged infringement offence, including any
15
application to the Court under the former
scheme, had begun to be heard but had not
been determined, the matter, on and from
that commencement, must be heard and
determined by the Court in accordance with
20
the former scheme as if the former scheme
had not been repealed.
(3) The repeal of clause 10(8) of the former
scheme does not affect any application made
under that clause that has not been
25
determined before that repeal.
201. Seven-day notice
A statement in writing required to be
delivered to a person under clause 8(2) of the
former scheme before the commencement of
30
section 176(2), on and from that
commencement--
(a) is deemed, to be a seven-day notice
under this Act; and
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(b) may be relied on and enforced as a
seven-day notice under this Act
accordingly.
202. Unexecuted warrants issued under former
scheme
5
(1) A penalty enforcement warrant that is issued
against a person under the former scheme
before the commencement of Part 6, that has
not commenced to be executed before that
commencement, on and from that
10
commencement--
(a) is deemed to be an infringement
warrant issued under this Act; and
(b) may be enforced accordingly.
(2) A warrant to seize property that is issued
15
against a corporation under the former
scheme before the commencement of Part 6,
that has not commenced to be executed
before that commencement, on and from that
commencement--
20
(a) is deemed to be an infringement
warrant issued under this Act; and
(b) may be enforced accordingly.
(3) The sums named in a warrant issued under
clause 8 of the former scheme that has been
25
deemed to be an infringement warrant by
force of this section, remain recoverable
under this Act in respect of the deemed
infringement warrant on and from the
commencement of section 176(2).
30
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203. Former scheme warrants where execution
has commenced
If a penalty enforcement warrant or a warrant
of seizure and sale had been issued against a
person under the former scheme and
5
execution of the warrant had commenced but
was not completed before the
commencement of section 176(2), the
execution of that warrant continues and must
be completed, on and from that
10
commencement, in accordance with the
former scheme as if the former scheme had
not been repealed by this Act.
204. Registrars in PERIN Court
(1) A registrar employed pursuant to section 17
15
of the Magistrates' Court Act 1989 on
whom functions have been conferred under
that Act in respect of any proceeding or class
of proceeding under Schedule 7 to that Act
before the commencement of section 176(2)
20
is deemed, on and from that commencement,
to be an infringements registrar within the
meaning of this Act.
(2) A deputy registrar employed pursuant to
section 17 of the Magistrates' Court Act
25
1989 to whom duties, powers and functions
under that Act were delegated in respect of
the PERIN Court under that Act before the
commencement of section 176(2) is deemed,
on and from that commencement, to be an
30
infringements registrar within the meaning of
this Act.
(3) Nothing in this section prevents the
amendment, variation or revocation of a
conferral referred to in sub-section (1) or a
35
delegation referred to in sub-section (2)
under this Act or any other Act.
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205. Superseded references
Unless the context otherwise requires, on and
from the commencement of section 176(2),
in any Act (other than this Act or a provision
of an Act amended by this Act), or in any
5
instrument made under any Act or in any
other document of any kind--
(a) a reference to the PERIN Court must be
taken to be a reference to the
Infringements Court within the
10
meaning of the Magistrates' Court
Act 1989;
(b) a reference to the PERIN Registrar
must be taken to be a reference to an
infringements registrar;
15
(c) a reference to a courtesy letter must be
taken to be a reference to a penalty
reminder notice;
(d) a reference to an instalment order under
Schedule 7 to the Magistrates' Court
20
Act 1989 or a time to pay order under
that Schedule must be taken to be a
reference to a payment order;
(e) a reference to a penalty enforcement
warrant must be taken to be a reference
25
to an infringement warrant;
(f) a reference to a warrant to seize
property issued under clause 8 of the
former scheme must be taken to be a
reference to an infringement warrant;
30
(g) a reference to Schedule 7 to the
Magistrates' Court Act 1989 must be
taken to be a reference to the
Infringements Act 2006.
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206. Enforcement agencies
(1) An enforcement agency within the meaning
of clause 2 of the former scheme is deemed,
on and from the commencement of section
176(2), to be an enforcement agency within
5
the meaning of this Act.
(2) Nothing in this section prevents regulations
made under this Act from amending or
revoking any thing deemed to have been
prescribed as an enforcement agency under
10
sub-section (1).
207. PERIN offences
(1) An offence under a prescribed provision
specified in regulation 1203 of the
Magistrates' Court General Regulations 2000
15
as in force immediately before the
commencement of section 176(2), on and
from that commencement--
(a) is deemed to be a lodgeable
infringement offence as if it had been
20
prescribed as a lodgeable infringement
offence by regulations made under this
Act;
(b) may be dealt with as a lodgeable
infringement offence under this Act.
25
(2) Nothing in this section prevents regulations
made under this Act from amending or
revoking any thing deemed to have been
prescribed as a lodgeable infringement
offence under sub-section (1).
30
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208. Deemed service
Despite anything to the contrary in the
Interpretation of Legislation Act 1984,
section 163A applies to a document of a kind
referred to in that section served on a person
5
by post and returned undelivered to its
sender irrespective of whether that document
was served before, on or after the
commencement of section 176(2).
209. Clauses 28 and 29 of Schedule 7 continue
10
to have effect
Despite the repeal of clauses 28 and 29 of
Schedule 7 to the Magistrates' Court Act
1989 by section 176(2), those clauses
continue to have effect as if they had not
15
been repealed.
210. Regulations dealing with transitional
matters
(1) The Governor in Council may make
regulations containing provisions of a
20
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of this Act (including
the repeals and amendments made by this
Act) or the Infringements (Consequential
25
and Other Amendments) Act 2006.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on
or from 11 April 2006; and
(b) be of limited or general application; and
30
(c) leave any matter or thing to be decided
by a specified person or class of person;
and
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(d) provide for the exemption of persons or
proceedings or a class of persons or
proceedings from any of the regulations
made under this section.
(3) Regulations under this section have effect
5
despite anything to the contrary in any Act
(other than this Act) or in any subordinate
instrument.'.
__________________
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s. 55
See: PART 3--AMENDMENTS TO CHILDREN AND YOUNG
Act No.
PERSONS ACT 1989
56/1989.
Reprint No. 7
as at
55. Consequential amendments
1 March 2002
and
(1) In section 24(2A)(a) of the Children and Young
amending
Persons Act 1989, for "penalty enforcement
5 Act Nos
69/1992,
warrant" substitute "infringement warrant".
11/2002,
35/2002,
(2) For section 260A(1) of the Children and Young
83/2003,
Persons Act 1989 substitute--
36/2004,
72/2004,
89/2004, "(1) The procedure set out in Schedule 2A may
108/2004,
be used instead of commencing a proceeding
10 15/2005,
18/2005, against a child for an offence for which an
19/2005,
infringement notice within the meaning of
21/2005,
77/2005, Schedule 2A could be issued.".
96/2005 and
5/2006.
(3) In section 260A(2) of the Children and Young
LawToday:
Persons Act 1989--
15 www.dms.
dpc.vic.
(a) in paragraph (a) for "Schedule 7 to the
gov.au
Magistrates' Court Act 1989" substitute
"the Infringements Act 2006";
(b) in paragraph (b)--
(i) for "courtesy letter served under
20
Schedule 7 to the Magistrates' Court
Act 1989" substitute "penalty reminder
notice under the Infringements Act
2006";
(ii) for "courtesy letter served under
25
Schedule 2A" substitute "penalty
reminder notice within the meaning of
Schedule 2A to the Children and
Young Persons Act 1989".
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Act No.
Part 3--Amendments to Children and Young Persons Act 1989
s. 56
56. Application and definitions
(1) In clause 1(1) of Schedule 2A to the Children
and Young Persons Act 1989 omit "and
penalties imposed by penalty notices".
(2) Clause 1(4) of Schedule 2A to the Children and
5
Young Persons Act 1989 is repealed.
(3) In Schedule 2A to the Children and Young
Persons Act 1989--
(a) in clause 2--
(i) in the definition of "appropriate officer"
10
omit "or penalty notice";
(ii) the definition of "courtesy letter" is
repealed;
(iii) in the definition of "enforcement
agency" omit "or penalty notice";
15
(iv) the definition of "penalty notice" is
repealed;
(v) the definitions of "prescribed offence",
"Code" and "continuing offence
provision" are repealed;
20
(b) in clause 2 insert the following definition--
' "penalty reminder notice" has the same
meaning as it has in the Infringements
Act 2006;';
(c) in the definition of "infringement notice", for
25
paragraph (c) substitute--
"(c) any Commonwealth Act or any Act of
another State or Territory or any
subordinate instrument under such an
Act that applies as a law of Victoria;".
30
57
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Act No.
Part 3--Amendments to Children and Young Persons Act 1989
s. 57
57. Repeal of provisions relating to courtesy letters and
instalments
In Schedule 2A to the Children and Young
Persons Act 1989--
(a) clause 3 is repealed;
5
(b) clause 4 is repealed;
(c) clause 13(2) is repealed.
58. Lodgement
(1) For clause 5(1)(a)(ii) of Schedule 2A to the
Children and Young Persons Act 1989
10
substitute--
"(ii) who has agreed to pay the infringement
penalty by a payment plan under the
Infringements Act 2006, but who has
subsequently defaulted on payment of that
15
plan; or
(iii) who has made a part payment of the
infringement penalty otherwise than under a
payment plan under the Infringements Act
2006, and has subsequently defaulted in
20
making any further payment; and".
(2) In clause 5(2)(b) and (c) of Schedule 2A to the
Children and Young Persons Act 1989, for
"courtesy letter" (wherever occurring) substitute
"penalty reminder notice".
25
(3) In clause 5(2) of Schedule 2A to the Children
and Young Persons Act 1989, for paragraphs (d)
and (e) substitute--
"(d) the infringement penalty and any prescribed
costs had not been paid, whether in full or in
30
part, before the certificate was issued; and
(e) if a payment plan under the Infringements
Act 2006 applies to the child, the child has
defaulted in making a payment under the
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s. 59
payment plan and a specified amount still
remains to be paid under that payment plan;
and
(ea) if a part payment of the infringement penalty
and prescribed costs otherwise than under a
5
payment plan under the Infringements Act
2006 has been made but no further payment
has been made and a specified amount still
remains to be paid; and".
(4) In clause 5(2)(l) of Schedule 2A to the Children
10
and Young Persons Act 1989, for "Mitcham-
Frankston" substitute "EastLink".
59. New clauses 14 and 15 inserted
After clause 13 of Schedule 2A to the Children
and Young Persons Act 1989 insert--
15
"14. Cancellation of infringement notice if person not
aware
(1) A child or a person on that child's behalf may apply to
a registrar to have an infringement notice cancelled
20 if--
(a) the service of the infringement notice was not
by personal service on the child; and
(b) the child was not in fact aware that an
infringement notice had been served on the
25 child.
(2) An application under sub-clause (1) must--
(a) be made within 14 days of the child becoming
aware of the infringement notice; and
(b) be accompanied by a written statement setting
30 out the grounds on which the cancellation is
sought.
(3) If an application is made under sub-clause (1), a
registrar must--
(a) stay the operation of the infringement notice;
35 and
(b) refer the application to the Court for hearing
and determination.
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s. 59
(4) On the referral to the Court under sub-clause (3), the
Court must cause a notice of the time and place of the
hearing of the application to be given or sent to the
enforcement agency and to the applicant.
5 15. Powers of Court to cancel
(1) On the referral of an application under clause 14 to
the Court, any of the procedures set out in this
Schedule that are being used for the enforcement of
the infringement penalty are, by force of this sub-
10 clause, suspended pending the determination of the
application.
(2) The Court may only cancel an infringement notice if
it is satisfied that, more than 14 days before making
an application under sub-clause (1), the child was not
15 in fact aware that the infringement notice had been
served.
(3) If the Court cancels an infringement notice under this
clause--
(a) any infringement penalty and prescribed costs
20 that have been paid in relation to the notice
must be refunded and the Consolidated Fund or
any other fund specified by the relevant Act or
other instrument is, to the necessary extent,
appropriated accordingly; and
25 (b) any of the procedures set out in this Schedule
that are being used for the enforcement of any
infringement penalty and prescribed costs
(if any) in relation to the notice must be
discontinued; and
30 (c) any enforcement order in relation to the
infringement penalty and prescribed costs
(if any) is revoked; and
(d) any warrant issued in relation to the fine is
cancelled.
35 (4) The cancellation of an infringement notice under this
clause does not prevent the service of a new
infringement notice in respect of the offence for
which the cancelled infringement notice was served.".
60
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Act No.
Part 3--Amendments to Children and Young Persons Act 1989
s. 60
60. Repeal of Part 3 of Schedule 2A
Part 3 of Schedule 2A to the Children and
Young Persons Act 1989 is repealed.
__________________
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Act No.
Part 4--Amendments to Other Acts
s. 61
PART 4--AMENDMENTS TO OTHER ACTS
See:
Division 1--Road Safety Act 1986
Act No.
127/1986.
Reprint No. 9
61. Amendments to Part 6 of Road Safety Act 1986
as at
25 August
(1) In section 66 of the Road Safety Act 1986--
2005
and
(a) in sub-section (2)(a), after "Part 7" insert
5 amending
Act Nos
", Part 2 of the Infringements Act 2006";
19/1991,
111/2003,
(b) in sub-section (2)(c)(i), after "Part 7" insert
110/2004,
", Part 2 of the Infringements Act 2006";
21/2005,
24/2005 and
95/2005.
(c) in sub-section (3)(aab), for "registered under
LawToday:
Schedule 7 to the Magistrates' Court Act
10 www.dms.
dpc.vic.
1989 or" substitute "lodged with an
gov.au
infringements registrar under Part 4 of the
Infringements Act 2006 or registered";
(d) in sub-section (3AA)(c), for "courtesy letter
under Schedule 7 to the Magistrates' Court
15
Act 1989 or under Schedule 2A to the
Children and Young Persons Act 1989"
substitute "penalty reminder notice under
Part 2 of the Infringements Act 2006".
(2) In section 67 of the Road Safety Act 1986--
20
(a) in sub-section (1), for "a registrar (within the
meaning of Schedule 7 to the Magistrates'
Court Act 1989) of the Magistrates' Court"
substitute "an infringements registrar
(within the meaning of the Infringements
25
Act 2006)";
(b) in sub-section (3) for "a registrar of the
Magistrates' Court" substitute
"an infringements registrar within the
meaning of the Infringements Act 2006";
30
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s. 61
(c) in sub-section (5)--
(i) in paragraph (a), for "Schedule 7 to the
Magistrates' Court Act 1989"
substitute "the Infringements Act
2006";
5
(ii) in paragraph (b) after "88(3)" insert
"or section 18 of the Infringements
Act 2006";
(iii) in paragraph (c), for "section 89(1)"
substitute "section 32 of the
10
Infringements Act 2006";
(iv) in paragraph (d), for "or (c)" substitute
", (c) or (e)";
(v) in paragraph (e), for "Schedule 7 to the
Magistrates' Court Act 1989"
15
substitute "the Infringements Act
2006";
(vi) in paragraph (f), for "or (c)" substitute
", (c) or (e)";
(vii) in paragraph (g), for "Schedule 7 to the
20
Magistrates' Court Act 1989"
substitute "the Infringements Act
2006";
(viii) in paragraph (g), for "that Schedule"
(where twice occurring) substitute
25
"that Act or that Schedule, as the case
requires,";
(ix) in paragraph (i), for "registration of the
infringement penalty under Schedule 7
to the Magistrates' Court Act 1989
30
or" substitute "lodgement of the
infringement penalty with an
infringements registrar under Part 4 of
the Infringements Act 2006 or
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s. 61
registration of the infringement penalty
under";
(d) for sub-section (6)(c) substitute--
"(c) serves a written statement on an
enforcement official within the
5
meaning of section 66(3) to the effect
that the person declines to be dealt with
under the Infringements Act 2006 or
under Schedule 2A to the Children
and Young Persons Act 1989, as the
10
case requires; or
(d) is offered a payment plan in accordance
with the Infringements Act 2006 and
the enforcement agency under that Act
or the Secretary (as the case may be)
15
receives the first payment under that
plan from the person; or
(e) in the case of a person who applies
under section 22 of the Infringements
Act 2006 for an internal review, is
20
notified of a decision in accordance
with section 25(1)(b), (c) or (d) of that
Act or section 25(2) of that Act.".
(e) in sub-section (7), for "registered under
Schedule 7 to the Magistrates' Court Act
25
1989 or" substitute "lodged with an
infringements registrar under Part 4 of the
Infringements Act 2006 or registered".
(3) After section 67(8) of the Road Safety Act 1986
insert--
30
"(9) Despite anything to the contrary in this
section or the Infringements Act 2006, the
28 day extension period under this section is
suspended and no step may be taken in the
enforcement of an infringement notice to
35
which this section applies if a person has--
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s. 61
(a) applied for an internal review under
section 22 of that Act which has not
been determined, until the application is
determined and the applicant notified of
the outcome; or
5
(b) applied for a payment plan under
section 46 of that Act, until--
(i) the person is notified that his or
her application for a payment plan
has been refused; or
10
(ii) in the case of a payment plan that
has been offered, the payment
plan is cancelled under section
48(2) of that Act; or
(iii) in the case of a payment plan that
15
has commenced--
(A) the payment plan is
cancelled under section
49(2)(b) of that Act; or
(B) the infringement penalty in
20
respect of that infringement
notice is removed from the
payment plan under section
49(2)(a) of that Act; or
(C) the person receives written
25
notice under section 52(2) of
that Act advising the person
that he or she is in default.".
65
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Act No.
Part 4--Amendments to Other Acts
s. 62
62. Parking infringements
(1) In section 86 of the Road Safety Act 1986--
(a) in sub-section (2), after "section 89" insert
"or section 32 of the Infringements Act
2006";
5
(b) in sub-section (3)(aab), for "courtesy letter
under Schedule 7 to the Magistrates' Court
Act 1989 or under Schedule 2A to the
Children and Young Persons Act 1989"
substitute "penalty reminder notice under
10
Part 2 of the Infringements Act 2006";
(c) in sub-section (4)(c), for "courtesy letter
under Schedule 7 to the Magistrates' Court
Act 1989 or under Schedule 2A to the
Children and Young Persons Act 1989"
15
substitute "penalty reminder notice under
Part 2 of the Infringements Act 2006".
(2) In section 87(1), 87(1AD), 87(1A) and 87(1B) of
the Road Safety Act 1986 for "served a parking
infringement notice as provided in the
20
regulations" substitute "served, in accordance
with the regulations, a parking infringement
notice".
(3) After section 87(1B) of the Road Safety Act 1986
insert--
25
"(1BA) An offence referred to in sub-section (1),
(1AD), (1A) or (1B) for which a parking
infringement notice may be served is an
infringement offence within the meaning of
the Infringements Act 2006.
30
(1BB) Regulations about service referred to in sub-
sections (1), (1AD), (1A) or (1B) must not
be inconsistent with the Infringements Act
2006.".
66
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s. 63
(4) Section 87(2) of the Road Safety Act 1986 is
repealed.
63. Traffic infringements
(1) In section 88(1) of the Road Safety Act 1986
omit "in accordance with the regulations".
5
(2) After section 88(1) of the Road Safety Act 1986
insert--
"(1AA) Subject to this Act, an offence referred to in
sub-section (1) for which a traffic
infringement notice may be served is an
10
infringement offence within the meaning of
the Infringements Act 2006.".
(3) For section 88(2) of the Road Safety Act 1986
substitute--
"(2) For the purposes of sub-section (1), a traffic
15
infringement notice--
(a) must be in the form required by
section 13 of the Infringements Act
2006; and
(b) must also state--
20
(i) in the case of a traffic
infringement notice in respect of a
drink-driving infringement, the
concentration of alcohol alleged to
have been present in the person's
25
blood or breath; and
(ii) in the case of a traffic
infringement notice in respect of
an excessive speed infringement,
the speed at which the motor
30
vehicle is alleged to have been
driven and the permitted speed;
and
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(c) may contain any additional prescribed
details.
(2A) Regulations made for the purposes of
sub-section (2) must not be inconsistent
with the Infringements Act 2006.".
5
(4) In section 88(3) of the Road Safety Act 1986--
(a) for "A traffic infringement notice" substitute
"Despite anything to the contrary in the
Infringements Act 2006, a traffic
infringement notice of a kind referred to in
10
section 89A";
(b) omit "(or, at the request of the person on
whom the notice was served, at any later
time)".
(5) For section 88(3AA) of the Road Safety Act
15
1986 substitute--
"(3AA) Despite sub-section (3) of this Act or
section 18 of the Infringements Act
2006, a traffic infringement notice
cannot be withdrawn under those
20
provisions--
(a) where the infringement penalty is
lodged with an infringements
registrar under Part 4 of that Act;
or
25
(b) where the infringement penalty is
registered under Schedule 2A to
the Children and Young Persons
Act 1989.".
(6) In section 88(3A) of the Road Safety Act 1986,
30
after "sub-section (3)" insert "or section 18 or 19
of the Infringements Act 2006".
68
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s. 64
(7) For section 88(4) of the Road Safety Act 1986
substitute--
"(4) If, in relation to a traffic infringement of a
kind referred to in section 89A, the amount
specified in the infringement notice as the
5
penalty for the infringement has been paid
before the notice is withdrawn the amount so
paid must be refunded upon the notice of
withdrawal being given.".
64. Effect of payment of penalty
10
(1) Insert the following heading to section 89 of the
Road Safety Act 1986--
"Effect of payment of penalty".
(2) In section 89 of the Road Safety Act 1986, sub-
sections (1), (2) and (3) are repealed.
15
(3) In section 89(4) of the Road Safety Act 1986, for
"If" substitute "Subject to Division 5 of Part 2 of
the Infringements Act 2006, if".
(4) For section 89(5) of the Road Safety Act 1986
substitute--
20
"(5) Despite anything to the contrary in
Division 5 of Part 2 of the Infringements
Act 2006, the regulations may provide that
demerit points are incurred under section 25
in respect of a traffic infringement by a
25
person.".
(5) In section 89(6) of the Road Safety Act 1986,
after "this section" insert "or Division 5 of Part 2
of the Infringements Act 2006".
(6) In section 89(8) of the Road Safety Act 1986,
30
after "this section" insert "or Division 5 of Part 2
of the Infringements Act 2006".
69
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s. 65
65. Effect of drink-driving infringements, drug-driving
infringements and excessive speed infringements
In section 89A(2) of the Road Safety Act 1986
after "section 89B" insert "and despite Division 5
of Part 2 of the Infringements Act 2006".
5
66. Extension of time to object if no actual notice
In section 89B of the Road Safety Act 1986--
(a) in sub-section (1), for "a registrar (within the
meaning of Schedule 7 to the Magistrates'
Court Act 1989) of the Magistrates' Court"
10
substitute "an infringements registrar within
the meaning of the Infringements Act
2006";
(b) in sub-section (1B) for "a registrar of the
Magistrates' Court" substitute "an
15
infringements registrar within the meaning of
the Infringements Act 2006";
(c) in sub-section (3)(d)--
(i) for "Schedule 7 to the Magistrates'
Court Act 1989" substitute "the
20
Infringements Act 2006";
(ii) for "that Schedule" substitute "that Act
or that Schedule, as the case requires,".
67. Section 89E substituted
For section 89E of the Road Safety Act 1986
25
substitute--
"89E. Application of the Infringements Act 2006
to certain offences
Subject to sections 89A to 89D, the
procedures set out in the Infringements Act
30
2006 may be used for the enforcement of the
amount specified in a traffic infringement
notice issued in respect of a drink-driving
infringement, a drug-driving infringement or
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s. 68
an excessive speed infringement as payable
in respect of the offence for which the notice
was issued.".
68. Consequential amendments to the Road Safety
Act 1986
5
In section 92(3)(e)(ii) of the Road Safety Act
1986, for "Schedule 7 to the Magistrates' Court
Act 1989" substitute ", the Infringements Act
2006".
See:
Division 2--Marine Act 1988
10 Act No.
52/1988.
69. Marine infringements Reprint No. 6
as at
(1) In section 60(1) of the Marine Act 1988 omit 19 August
2004
"in accordance with the regulations". and
amending
(2) For section 60(2) of the Marine Act 1988 Act Nos
94/2003,
substitute--
15 9/2004,
10/2004,
"(2) An offence referred to in sub-section (1) for 49/2004 and
which an infringement notice may be served 108/2004.
LawToday:
is an infringement offence within the www.dms.
meaning of the Infringements Act 2006. dpc.vic.
gov.au
(2A) For the purposes of sub-section (1), an
20
infringement notice--
(a) must be in the form required by
section 13 of the Infringements Act
2006; and
(b) may contain any additional prescribed
25
details.".
(3) Sections 60(3) and (4) of the Marine Act 1988
are repealed.
71
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s. 70
70. Payment of penalty
(1) In section 61 of the Marine Act 1988, sub-
sections (1), (2) and (3) are repealed.
(2) In section 61(2A) of the Marine Act 1988--
(a) for "If" substitute "Despite section 32(2) of
5
the Infringements Act 2006, if";
(b) for "this section" substitute "Part 2 of the
Infringements Act 2006".
71. Miscellaneous amendments to Marine Act 1988
(1) In section 61A(1) of the Marine Act 1988 after
10
"Section 61" insert "and Division 5 of Part 2 of
the Infringements Act 2006".
(2) After section 61A(7) of the Marine Act 1988
insert--
"(8) A marine infringement notice to which this
15
section applies may be withdrawn, whether
the appropriate penalty has been paid or not,
at any time within 28 days after the service
of the notice, by serving on the alleged
offender, in accordance with the regulations,
20
a withdrawal notice in the prescribed form.
(9) If the appropriate amount specified in the
notice as the penalty for the infringement has
been paid before the notice is withdrawn the
amount so paid must be refunded on the
25
notice of withdrawal being given.".
(3) In section 61B(3)(b) of the Marine Act 1988--
(a) for "Schedule 7 to the Magistrates' Court
Act 1989" substitute "the Infringements
Act 2006";
30
(b) for "that Schedule" substitute "that Act".
72
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s. 72
72. Section 61C substituted
For section 61C of the Marine Act 1988
substitute--
"61C. Application of the Infringements Act 2006
to certain offences
5
Subject to sections 61A and 61B, the
procedures set out in the Infringements Act
2006 may be used for the enforcement of the
amount specified as payable in a marine
infringement notice issued in respect of the
10
offence referred to in section 61A(1).".
73. Subject matter for regulations
(1) In Schedule 5 to the Marine Act 1988, for
clause 38 substitute--
15 "38. In addition to the requirements of section 13 of the
Infringements Act 2006, prescribing any particulars,
not inconsistent with that Act, to be contained in an
infringement notice.".
(2) In Schedule 5 to the Marine Act 1988, clause 42
is repealed.
20
See:
Division 3--Transport Act 1983 Act No.
9921.
74. Transport and ticket infringements Reprint No. 11
as at
(1) In section 212 of the Transport Act 1983-- 1 March 2006
and
amending
(a) in sub-section (1) omit ", in accordance with Act Nos
the regulations,";
25 95/2005,
97/2005 and
(b) in sub-section (1B) omit ", in accordance 9/2006.
LawToday:
with the regulations,". www.dms.
dpc.vic.
(2) For section 212(2) of the Transport Act 1983 gov.au
substitute--
"(2) An offence for which--
30
(a) a transport infringement notice referred
to in sub-section (1); or
73
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(b) a ticket infringement notice referred to
in sub-section (1B)--
may be served is an infringement offence
within the meaning of the Infringements
Act 2006.".
5
(3) Sections 212(3), 212(4) and 213 of the Transport
Act 1983 are repealed.
(4) For section 215(1)(b) of the Transport Act 1983
substitute--
"(b) in addition to the requirements of section 13
10
of the Infringements Act 2006, any
particulars, not inconsistent with that Act, to
be contained in an infringement notice;".
(5) Sections 215(1)(c) and 215(1)(g) of the
Transport Act 1983 are repealed.
15
75. Safety work infringements
(1) In section 215B(1) of the Transport Act 1983
omit "issue and, in accordance with the
regulations,".
(2) For section 215B(2) of the Transport Act 1983
20
substitute--
"(2) An offence referred to in sub-section (1) for
which an infringement notice may be served
is an infringement offence within the
meaning of the Infringements Act 2006.
25
(2A) For the purposes of sub-section (1), an
infringement notice--
(a) must be in the form required by
section 13 of the Infringements Act
2006; and
30
(b) must include the concentration of
alcohol alleged to have been present in
the person's blood or breath; and
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(c) may contain any additional prescribed
details.".
(3) In section 215B of the Transport Act 1983, sub-
sections (6) and (7) are repealed.
(4) In section 215D(3)(b) of the Transport Act
5
1983--
(a) for "Schedule 7 to the Magistrates' Court
Act 1989" substitute "the Infringements
Act 2006";
(b) for "that Schedule" substitute "that Act".
10
76. Section 215E substituted
For section 215E of the Transport Act 1983
substitute--
"215E. Application of Infringements Act 2006
Subject to this Division, the procedures set
15
out in the Infringements Act 2006 may be
used for the enforcement of the amount
specified in a safety work infringement
notice as payable in respect of the
infringement for which the notice was
20
issued.".
77. Regulations
(1) In section 215G(1) of the Transport Act 1983--
(a) for paragraph (a) substitute--
"(a) any additional prescribed details to be
25
included in a safety work infringement
notice; and"
(b) paragraph (f) is repealed.
75
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Part 4--Amendments to Other Acts
s. 78
(2) After sub-section 215G(2) of the Transport Act
1983 insert--
"(3) Regulations made for the purposes of section
215G(1)(a) or (b) must not be inconsistent
with the Infringements Act 2006.".
5
See: Division 4--Chattel Securities Act 1987
Act No.
15/1987.
78. Definitions
Reprint No. 2
as at
In section 3(1) of the Chattel Securities Act
1 July 1999
and
1987--
amending
Act Nos
(a) for the definition of "debtor" substitute--
10 99/2000,
44/2001,
' "debtor" in relation to a security interest
92/2001 and
110/2004.
means the person who created the
LawToday:
security interest or against whom the
www.dms.
dpc.vic.
infringement warrant giving rise to the
gov.au
security interest is issued under the
15
Infringements Act 2006 and
includes--
(a) the lessee in relation to a lease of
goods; and
(b) the hirer in relation to a hire-
20
purchase agreement;';
(b) in the definition of "security interest", after
"Magistrates' Court Act 1989" insert
", an infringement warrant under the
Infringements Act 2006 or a direction under
25
section 116 of that Act (including a deemed
direction under section 114(4) of that Act)".
76
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Act No.
Part 4--Amendments to Other Acts
s. 79
Division 5--EastLink Project Act 2004 See:
Act No.
39/2004.
79. Miscellaneous amendments to EastLink Project Reprint No. 1
Act 2004 as at
30 November
(1) After section 210(1) of the EastLink Project Act 2005.
LawToday:
2004 insert--
5 www.dms.
dpc.vic.
"(1A) An offence referred to in sub-section (1) for gov.au
which an infringement notice may be served
is an infringement offence within the
meaning of the Infringements Act 2006.".
(2) Sections 211, 213 and 214 of the EastLink
10
Project Act 2004 are repealed.
80. Expiation
For section 215 of the EastLink Project Act
2004 substitute--
"215. Additional effect of expiation
15
In addition to and without limiting
Division 5 of Part 2 of the Infringements
Act 2006, if an infringement notice is not
withdrawn and--
(a) the infringement penalty is paid within
20
the time for payment stated in the
notice; or
(b) payment is accepted in accordance with
section 15 of that Act--
the debt to the Freeway Corporation for the
25
toll and toll administration fee to which the
offence relates is extinguished.".
77
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Act No.
Part 4--Amendments to Other Acts
s. 81
81. Repeal of redundant sections of the EastLink
Project Act 2004
Sections 216(1), (2) and (4) and 217 of the
EastLink Project Act 2004 are repealed.
82. Enforcement
5
(1) For section 218(1) of the EastLink Project Act
2004 substitute--
"(1) Payment of the infringement penalty may be
enforced in accordance with the
Infringements Act 2006 or Schedule 2A to
10
the Children and Young Persons Act 1989,
as the case may be, if--
(a) the infringement penalty has not been
paid within the time stated in the notice
or in accordance with section 15 of the
15
Infringements Act 2006; and
(b) the notice has not been withdrawn; and
(c) a charge has not been filed.".
(2) For section 218(2) of the EastLink Project Act
2004 substitute--
20
"(2) The Infringements Act 2006 applies as if an
infringement notice under this Part were an
infringement notice served in respect of a
lodgeable infringement offence within the
meaning of that Act.".
25
83. Consequential amendments to EastLink Project
Act 2004
(1) In section 219(3)(ab) of the EastLink Project Act
2004, for "registered under Schedule 7 to the
Magistrates' Court Act 1989 or" substitute
30
"lodged with an infringements registrar under
Part 4 of the Infringements Act 2006 or
registered".
78
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s. 84
(2) In section 219(6)(c) of the EastLink Project Act
2004 for "courtesy letter under Schedule 7 to the
Magistrates' Court Act 1989 or under
Schedule 2A to the Children and Young Persons
Act 1989" substitute "penalty reminder notice
5
under the Infringements Act 2006".
(3) In section 258(1)(a) of the EastLink Project Act
2004, omit "form of infringement notice and the".
See:
Division 6--Melbourne City Link Act 1995 Act No.
107/1995.
84. Provision for infringement offences
10 Reprint No. 6
as at
(1) For section 80(2) of the Melbourne City Link 10 February
2006
Act 1995 substitute-- and
amending
"(2) An offence referred to in sub-section (1) for Act No.
61/2005.
which an infringement notice may be served LawToday:
is an infringement offence within the
15 www.dms.
dpc.vic.
meaning of the Infringements Act 2006.". gov.au
(2) For section 80A(2) of the Melbourne City Link
Act 1995 substitute--
"(2) An offence referred to in sub-section (1) for
which an infringement notice may be served
20
is an infringement offence within the
meaning of the Infringements Act 2006.".
(3) Sections 81 and 83 of the Melbourne City Link
Act 1995 are repealed.
85. Payment of penalties and further proceedings
25
(1) For section 84(1) of the Melbourne City Link
Act 1995 substitute--
"(1) In addition to and without limiting
Division 5 of Part 2 of the Infringements
Act 2006--
30
(a) if the person pays the penalty shown in
the infringement notice; or
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(b) if the enforcement officer allows, at any
time before the service of a summons in
respect of the offence--
any debt that arose under section 72 as a
result of the person driving in the toll zone
5
on the day of the offence in the vehicle that
was the subject of the offence is
extinguished.".
(2) Sections 84(2) and 85(1) of the Melbourne City
Link Act 1995 are repealed.
10
(3) Insert the following heading to section 86 of the
Melbourne City Link Act 1995--
"Application of Infringements Act procedure".
(4) In section 86 of the Melbourne City Link Act
1995--
15
(a) in sub-section (1), for "Schedule 7 to the
Magistrates' Court Act 1989" substitute
"the Infringements Act 2006";
(b) in sub-section (2) for "Magistrates' Court
Act 1989" substitute "Infringements Act
20
2006".
(5) For section 86(3) of the Melbourne City Link
Act 1995 substitute--
"(3) The Infringements Act 2006 applies as if an
infringement notice under this Part were an
25
infringement notice served in respect of a
lodgeable infringement offence within the
meaning of that Act.".
80
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s. 85
(6) In section 87 of the Melbourne City Link Act
1995--
(a) in sub-section (3)(aab), for "registered under
Schedule 7 to the Magistrates' Court Act
1989 or" substitute "lodged with an
5
infringements registrar under Part 4 of the
Infringements Act 2006 or registered";
(b) in sub-section (3A)(c), for "courtesy letter
under Schedule 7 to the Magistrates' Court
Act 1989 or under Schedule 2A to the
10
Children and Young Persons Act 1989"
substitute "penalty reminder notice under
the Infringements Act 2006".
(7) In section 87A of the Melbourne City Link Act
1995--
15
(a) in sub-section (1) for "a registrar (within the
meaning of Schedule 7 to the Magistrates'
Court Act 1989) of the Magistrates' Court"
substitute "an infringements registrar
(within the meaning of the Infringements
20
Act 2006)";
(b) in sub-section (3) for "a registrar of the
Magistrates' Court" substitute
"an infringements registrar within the
meaning of the Infringements Act 2006";
25
(c) in sub-section (5), for "Schedule 7 to the
Magistrates' Court Act 1989" (wherever
occurring) substitute "the Infringements
Act 2006";
(d) in sub-section (5)(e) for "that Schedule"
30
(where twice occurring) substitute "that Act
or that Schedule, as the case requires,";
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s. 85
(e) for sub-section (6)(c) substitute--
"(c) serves a written statement on an
enforcement official within the
meaning of section 87(3) to the effect
that the person declines to be dealt with
5
under the Infringements Act 2006 or
under Schedule 2A to the Children
and Young Persons Act 1989, as the
case requires; or
(d) is offered a payment plan in accordance
10
with the Infringements Act 2006 and
the enforcement agency under that Act
or the Secretary (as the case may be)
receives the first payment under that
plan from the person; or
15
(e) in the case of a person who applies
under section 22 of the Infringements
Act 2006 for an internal review, is
notified of a decision in accordance
with section 25(1)(b), (c) or (d) of that
20
Act or section 25(2) of that Act.".
(f) in sub-section (7) for "registered under
Schedule 7 to the Magistrates' Court Act
1989 or" substitute "lodged with an
infringements registrar under Part 4 of the
25
Infringements Act 2006 or registered".
(8) After section 87A(8) of the Melbourne City Link
Act 1995 insert--
"(9) Despite anything to the contrary in this
section or the Infringements Act 2006, the
30
28 day extension period under this section is
suspended and no step may be taken in the
enforcement of an infringement notice to
which this section applies if a person has--
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s. 85
(a) applied for an internal review under
section 22 of that Act which has not
been determined, until the application is
determined and the applicant notified of
the outcome; or
5
(b) applied for a payment plan under
section 46 of that Act, until--
(i) the person is notified that his or
her application for a payment plan
has been refused; or
10
(ii) in the case of a payment plan that
has been offered, the payment
plan is cancelled under section
48(2) of that Act; or
(iii) in the case of a payment plan that
15
has commenced--
(A) the payment plan is
cancelled under section
49(2)(b) of that Act; or
(B) the infringement penalty in
20
respect of that infringement
notice is removed from the
payment plan under section
49(2)(a) of that Act; or
(C) the person receives written
25
notice under section 52(2) of
that Act advising the person
that he or she is in default.".
83
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Act No.
Part 4--Amendments to Other Acts
s. 86
Division 7--Infringement Offences--Liquor Control
See:
Reform Act 1998
Act No.
94/1998.
Reprint No. 3
86. New offences
as at
5 April 2006
(1) In section 141(2) of the Liquor Control Reform
and
amending
Act 1998--
5 Act Nos
97/2005 and
(a) after paragraph (d) insert--
8/2006.
LawToday:
"(daa) section 103A(2) (failure to notify the
www.dms.
dpc.vic.
Director in writing within 14 days of a
gov.au
person ceasing to be an associate of a
licensee or permittee or a person
10
becoming an associate of a licensee or
permittee);";
(b) after paragraph (da) insert--
"(db) section 106(1) (permit any other person
to carry on a business of supplying
15
liquor on the licensed premises of a
licensee or permittee or permit any
person who is not employed by the
licensee or permittee to be engaged in
the carrying on of such a business other
20
than in accordance with the written
consent of the Director);".
(2) At the end of section 144 of the Liquor Control
Reform Act 1998 insert--
"(2) Despite sub-section (1), the infringement
25
penalty for an offence against section
103A(2) is 1 penalty unit.".
87. Consequential amendments
(1) For section 90(1)(h) of the Liquor Control
Reform Act 1998 substitute--
30
"(h) has paid a penalty for an offence under this
Act for which an infringement notice within
the meaning of the Infringements Act 2006
has been served;".
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s. 88
(2) After section 141(1) of the Liquor Control
Reform Act 1998 insert--
"(1A) An offence referred to in sub-section (1) for
which an infringement notice may be served
is an infringement offence within the
5
meaning of the Infringements Act 2006.".
(3) Sections 142, 143 and 145 of the Liquor Control
Reform Act 1998 are repealed.
(4) For section 146 of the Liquor Control Reform
Act 1998 substitute--
10
"146. Effect of expiation
Nothing in Division 5 of Part 2 of the
Infringements Act 2006 affects or takes
away from section 90(1)(h).".
(5) Sections 147 and 148 of the Liquor Control
15
Reform Act 1998 are repealed.
Division 8--Other Acts
See:
88. Magistrates' Court Act 1989 Act No.
51/1989.
(1) In section 38(d) of the Magistrates' Court Act Reprint No. 11
1989--
20 as at
1 July 2005
(a) after "1991" insert "or section 158 of the and
amending
Infringements Act 2006"; Act Nos
77/2004,
(b) for "that Act" substitute "the Sentencing 2/2005,
Act 1991 or the Infringements Act 2006, as 16/2005,
18/2005,
the case requires".
25 19/2005,
45/2005,
(2) For section 57(1)(g) of the Magistrates' Court 62/2005,
69/2005,
Act 1989 substitute-- 80/2005,
87/2005 and
"(g) infringement warrant.". 12/2006.
LawToday:
(3) In section 58(2) of the Magistrates' Court Act www.dms.
1989 for "a penalty enforcement warrant" dpc.vic.
30
gov.au
substitute "an infringement warrant".
85
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Act No.
Part 4--Amendments to Other Acts
s. 89
89. New clause 36 to Schedule 8 inserted
After clause 35 of Schedule 8 to the Magistrates'
Court Act 1989 insert--
'36. Validation of service of certain documents under
5 Schedule 7
(1) Despite anything to the contrary in section 49(1) of
the Interpretation of Legislation Act 1984, if under
or for the purposes of Part 2 of Schedule 7 to this Act
as in force immediately before its repeal by section
10 176(2) of the Infringements Act 2006, any document
had been served on a person by post to an authorised
address and that document had been returned
undelivered to its sender, that document--
(a) must be taken to have been validly served on
15 the day that is 14 days after the date specified in
the document as the date of that document,
despite it being returned to its sender as
undelivered; and
(b) any enforcement action taken under that
20 Schedule must be taken to be a valid action
under that Schedule.
(2) For the purposes of this section, "authorised
address" means--
(a) an address recorded in relation to a person in a
25 register kept by a public statutory body
(including, in relation to a director, alternate
director or secretary of a company within the
meaning of the Corporations Act, the
Australian Securities and Investments
30 Commission) if by law that person or another
person is required to notify that public statutory
body of any change in that address;
(b) in relation to any document in respect of a
transport infringement within the meaning of
35 the Transport Act 1983 or a ticket
infringement within the meaning of that Act, an
address provided by a person to an authorised
officer or police member under section 218B of
that Act after that officer or that member has
40 requested the person to state his or her name
and address because the officer or member
believes on reasonable grounds that the person
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Part 4--Amendments to Other Acts
s. 90
has committed a transport infringement or a
ticket infringement, as the case requires.'.
See:
90. Corrections Act 1986 Act No.
117/1986.
(1) In section 3 of the Corrections Act 1986, in the Reprint No. 6
definition of "correctional order", after
5 as at
9 March 2006
paragraph (a) insert-- and
amending
"(ab) a community work permit within the Act Nos
meaning of the Infringements Act 2006;". 11/1993,
53/2003,
(2) For section 57C(1) of the Corrections Act 69/2005 and
97/2005.
1986--
10 LawToday:
www.dms.
(a) for paragraph (a) substitute-- dpc.vic.
gov.au
"(a) who is a prisoner who is in the legal
custody of the Secretary solely because
he or she failed to pay a monetary
penalty or an instalment under an
15
instalment order; or".
(b) in paragraph (b), omit "(i) or (a)(ii)".
See:
91. Bail Act 1977 Act No.
9008.
(1) After section 10(1) of the Bail Act 1977 insert-- Reprint No. 8
as at
"(1A) If a person is arrested under the
20 17 February
Infringements Act 2006 by the sheriff or a 2005
and
person authorised under section 84(5) of that amending
Act and it is not practicable to bring the Act Nos
18/2005,
person before a court forthwith after the 21/2005 and
person is taken into custody the sheriff or a
25 93/2005.
LawToday:
person authorised under section 84(5) of that www.dms.
Act-- dpc.vic.
gov.au
(a) shall inquire into the case; and
(b) may, and if it is not practicable to bring
the person arrested before a court
30
within 24 hours after the person is
taken into custody, shall, unless the
provisions of this Act otherwise
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s. 91
require, discharge the person on bail in
accordance with this Act.".
(2) In section 10(2) of the Bail Act 1977--
(a) after "sub-section (1)" insert "or the sheriff
or a person authorised under section 84(5) of
5
the Infringements Act 2006 refuses to
release a person from custody under sub-
section (1A)";
(b) after "the member of the police force" insert
", the sheriff or a person authorised under
10
section 84(5) of the Infringements Act 2006
(as the case requires)";
(c) after "apply the member" insert ", the sheriff
or a person authorised under section 84(5) of
the Infringements Act 2006".
15
(3) In section 10(3) of the Bail Act 1977 after "police
force" insert "or the sheriff or a person authorised
under section 84(5) of the Infringements Act
2006 (as the case requires)".
(4) After section 27(2)(c) of the Bail Act 1977
20
insert--
"(d) in the case of an infringement warrant within
the meaning of the Infringements Act 2006,
the sheriff or a person authorised under
section 84(5) of that Act.".
25
88
551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
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Act No.
Part 4--Amendments to Other Acts
s. 92
92. Consequential amendments to the Sentencing See:
Act 1991 Act No.
49/1991.
Reprint No. 9
(1) In section 16(2A) of the Sentencing Act 1991, for as at
"Schedule 7 to the Magistrates' Court Act 1989" 23 February
2006
substitute "Division 2 of Part 12 of the
5 and
Infringements Act 2006". amending
Act Nos
(2) In section 55(2) of the Sentencing Act 1991, for 53/2003,
57/2003,
"clause 10(6) of, Schedule 7 to the Magistrates' 69/2005 and
Court Act 1989" substitute "section 68(1) of, the 97/2005.
LawToday:
Infringements Act 2006".
10 www.dms.
dpc.vic.
(3) In section 62(13) of the Sentencing Act 1991, for gov.au
"clause 10(6) of, Schedule 7 to the Magistrates'
Court Act 1989" substitute "section 68(1) of, the
Infringements Act 2006".
93. Section 69 of the Sentencing Act 1991 substituted
15
For section 69 of the Sentencing Act 1991
substitute--
"69. Application to infringement enforcement
procedure
This Division does not apply to the use of
20
the procedures for the enforcement of
infringement penalties under the
Infringements Act 2006.".
__________________
89
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Act No.
Part 5--Consequential Amendments for Infringements Act 2006
s. 94
PART 5--CONSEQUENTIAL AMENDMENTS FOR
INFRINGEMENTS ACT 2006
94. Schedule
Each Act specified in a heading to an item in the
Schedule is amended as set out in that item.
5
__________________
90
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Act No.
Sch.
SCHEDULE
CONSEQUENTIAL AMENDMENTS FOR INFRINGEMENTS
ACT 2006
1. Agricultural and Veterinary Chemicals (Control of Use)
5 Act 1992
(1) For section 69(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
10 2006.".
(2) In section 69, sub-sections (4), (5), (6), (7) and (8) are
repealed.
(3) At the foot of section 70 insert--
"Note: See sections 53(2), 55 and 56 of the Infringements
15 Act 2006.".
2. Associations Incorporation Act 1981
(1) Insert the following heading to section 50B--
"Infringement notices".
(2) In section 50B(1)--
20 (a) for "a notice in the prescribed form--" substitute
"an infringement notice--";
(b) for paragraphs (a) and (b) substitute--
"(a) in accordance with the Infringements Act
2006; and
25 (b) in the case of a prescribed offence constituted
by a failure to do a particular act or thing, state
in the notice that the obligation to do the act or
thing continues despite the service of the notice
or the payment of the prescribed penalty.";
30 (c) paragraph (c) is repealed.
(3) After section 50B(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
35 2006.".
91
551407B.A1-31/5/2006 BILL LA AS SENT 31/5/2006
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Act No.
Sch.
(4) For section 50B(3) substitute--
"(3) Despite anything to the contrary in the Infringements
Act 2006, a notice under sub-section (1) may be
served on an incorporated association in accordance
5 with section 48.".
(5) In section 50B--
(a) in sub-section (4), for "Magistrates' Court Act
1989" (wherever occurring) substitute
"Infringements Act 2006";
10 (b) sub-sections (5) and (6) are repealed;
(c) in sub-section (7) omit "and (5)(a)".
(6) Section 54(2)(ad)(i) is repealed.
3. Australian Grands Prix Act 1994
(1) In section 51(6) omit "as provided in the regulations".
15 (2) After section 51(6) insert--
"(6A) An offence referred to in sub-section (6) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.
20 (6B) The infringement penalty for an offence referred to in
sub-section (6) is the prescribed penalty in respect of
the offence.".
4. Building Act 1993
(1) For section 221ZZZE(2) substitute--
25 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.
(2A) For the purposes of sub-section (1), an infringement
30 notice--
(a) must be in the form required by the
Infringements Act 2006 and state the
infringement penalty in respect of the offence;
(b) must include details of the additional steps
35 (if any) required to expiate the offence.".
(2) In section 221ZZZE(3), for "sections 256, 257, 258 and 259
apply" substitute "section 256 applies".
92
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(3) Section 221ZZZE(3)(d) is repealed.
(4) For section 255(2) substitute--
"(2) An offence referred to in sub-section (1) for which a
building infringement notice may be served is an
5 infringement offence within the meaning of the
Infringements Act 2006.
(2A) In addition to the details required under section 13 of
the Infringements Act 2006, the details of the
additional steps (if any) required to expiate the
10 offence must be included in an infringement notice
served under sub-section (1).".
(5) Sections 257 and 258 are repealed.
(6) Insert the following heading to section 259--
"Proceedings where building infringement notice
15 requiring additional steps is served".
(7) In section 259(1)--
(a) paragraph (a) is repealed;
(b) in paragraph (b)(ii), for "steps; or" substitute "steps.";
(c) paragraph (c) is repealed.
20 (8) Sections 259(2), 261(1)(w) and 261(1)(x) are repealed.
5. Business Names Act 1962
(1) Insert the following heading to section 28A--
"Infringement notices".
(2) In section 28A(1)--
25 (a) for "a penalty notice in the prescribed form--"
substitute "an infringement notice--";
(b) for paragraphs (a) and (b) substitute--
"(a) in accordance with the Infringements Act
2006; and
30 (b) in the case of a prescribed offence constituted
by a failure to do a particular act or thing, state
in the notice that the obligation to do the act or
thing continues despite the service of the notice
or the payment of the prescribed penalty.";
35 (c) paragraph (c) is repealed.
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(3) After section 28A(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
5 2006.".
(4) In section 28A--
(a) sub-section (3) is repealed;
(b) in sub-sections (4) and (5), for "Schedule 7 to the
Magistrates' Court Act 1989" (wherever occurring)
10 substitute "the Infringements Act 2006";
(c) sub-section (6) is repealed.
(5) Section 32(1)(dc)(i) is repealed.
6. Co-operatives Act 1996
(1) For section 456B(2) substitute--
15 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
infringement penalty in respect of that offence.".
20 (2) Sections 456C, 456D, 456E, 456F, 456G, 456H and 456I
are repealed.
7. Conservation, Forests and Lands Act 1987
(1) For section 91(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
25 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 92 and 93 are repealed.
8. Country Fire Authority Act 1958
30 (1) In section 41E(1) omit "in a form approved by the
Authority".
(2) After section 41E(1) insert--
"(1A) An offence referred to in sub-section (1) for which a
fire prevention infringement notice may be served is
35 an infringement offence within the meaning of the
Infringements Act 2006.".
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(3) For section 41E(2) substitute--
"(2) In addition to and without limiting section 12 of the
Infringements Act 2006, a fire prevention
infringement notice under sub-section (1) may be
5 served in accordance with section 41A.".
(4) In section 41E, sub-sections (3), (4), (5), (6) and (7) are
repealed.
9. Dangerous Goods Act 1985
(1) After section 45B(1) insert--
10 "(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) In section 45B--
15 (a) in sub-section (2)--
(i) paragraph (c) is repealed;
(ii) in paragraph (d), for "notices; and" substitute
"notices.";
(iii) paragraphs (e) and (f) are repealed;
20 (b) sub-sections (3), (4), (5), (6), (7) and (8) are repealed.
10. Domestic Building Contracts Act 1995
(1) For section 125(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
25 offence within the meaning of the Infringements Act
2006.
(3) For the purposes of sub-section (1), an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
30 additional information approved by the Director.
(4) The infringement penalty for an offence referred to in
sub-section (1) is the penalty specified in column 2 of
Schedule 2 in relation to that offence.".
(2) Sections 126 and 127(1) are repealed.
35 (3) After 128(6) insert--
"(7) This section applies despite anything to the contrary
in the Infringements Act 2006.".
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11. Domestic (Feral and Nuisance) Animals Act 1994
(1) For section 85(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.".
(2) Sections 86, 87, 89 and 90 are repealed.
12. Electoral Act 2002
(1) For section 167(2) substitute--
10 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 168, 169, 171, 172 and 173 are repealed.
15 13. Electricity Industry Act 2000
(1) For section 107(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
20 2006.".
(2) Sections 108, 110, 111, 112, 113, 114 and 115 are repealed.
14. Electricity Safety Act 1998
(1) For section 140B(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
25 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 140C, 140E, 140F, 140G, 140H, 140I and 140J are
repealed.
30 15. Environment Protection Act 1970
(1) For section 63B(3) substitute--
"(3) An offence referred to in sub-section (2) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
35 2006.".
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(2) In section 63B(4) omit "and sections 63C and 63D".
(3) Sections 63C and 63D are repealed.
16. Equipment (Public Safety) Act 1994
(1) After section 27(1) insert--
5 "(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) In section 27--
10 (a) in sub-section (2)--
(i) paragraph (c) is repealed;
(ii) in paragraph (d), for "notices; and" substitute
"notices.";
(iii) paragraphs (e) and (f) are repealed;
15 (b) sub-sections (3), (4), (5), (6), (7) and (8) are repealed.
17. Estate Agents Act 1980
(1) After section 95A(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
20 offence within the meaning of the Infringements Act
2006.".
(2) For section 95B substitute--
"95B. Form of notice
For the purposes of section 95A(1), an infringement
25 notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Director.".
(3) Sections 95C and 95D are repealed.
(4) In section 95E--
30 (a) sub-sections (1), (2), (3) and (4) are repealed;
(b) in sub-section (5), for "this section" substitute "the
Infringements Act 2006".
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18. Extractive Industries Development Act 1995
(1) In section 45(1) omit ", in accordance with the regulations,".
(2) For section 45(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
5 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(3) Sections 45(3), 45(4) and 46 are repealed.
19. Fair Trading Act 1999
10 (1) After section 160A(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
15 infringement penalty in respect of that offence.".
(2) For section 160B substitute--
"160B. Form of notice
For the purposes of section 160A(1), an infringement
notice must be in the form required by the
20 Infringements Act 2006 and may contain any
additional information approved by the Director.".
(3) Sections 160A(3), 160C, 160D, 160E, 160F, 160G and
160H are repealed.
20. Firearms Act 1996
25 (1) In section 3(1), the definition of "infringement penalty" is
repealed.
(2) For section 168(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
30 offence within the meaning of the Infringements Act
2006.".
(3) Sections 169, 171, 172, 173, 174 and 175 are repealed.
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21. Fundraising Appeals Act 1998
(1) In section 61D(1), after "may" insert ", in accordance with
the Infringements Act 2006,".
(2) For section 61D(2) substitute--
5 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(3) The infringement penalty for an alleged offence
10 referred to in sub-section (1) is the amount prescribed
in respect of that offence.".
(3) For section 61E substitute--
"61E. Form of notice
For the purposes of section 61D(1), an infringement
15 notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Director.".
(4) Sections 61F, 61G, 61H, 61I, 61J and 61K are repealed.
22. Gambling Regulation Act 2003
20 (1) For section 10.5.20(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
25 (2) For section 10.5.21 substitute--
"10.5.21 Prescribed infringement penalty
The infringement penalty for an offence referred to in
sub-section (1) is the prescribed penalty in respect of
the offence.".
30 (3) Sections 10.5.22, 10.5.23, 10.5.24, 10.5.25 and 10.5.26 are
repealed.
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23. Gas Industry Act 2001
(1) For section 220(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.".
(2) Sections 221, 223, 224, 225, 226, 227 and 228 are repealed.
24. Gas Safety Act 1997
(1) For section 117AC(2) substitute--
10 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 117AD, 117AF, 117AG, 117AH, 117AI, 117AJ
15 and 117AK are repealed.
25. Health Services Act 1988
(1) In section 154--
(a) in sub-section (1), after "A notice" insert "(other than
an infringement notice)";
20 (b) in sub-section (2), after "A notice" insert "(other than
an infringement notice)".
(2) At the foot of section 154 insert the following Note--
"Note: Service of infringement notices is dealt with by the
Infringements Act 2006.".
25 (3) In section 155(1) omit "in the prescribed form".
(4) For section 155(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
30 2006.".
(5) For section 155(3) substitute--
"(3) For the purposes of sub-section (1), an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
35 additional prescribed details.".
(6) In section 155, sub-sections (4), (5) and (6) are repealed.
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26. Heritage Act 1995
(1) For section 169(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.
(3) For the purposes of sub-section (1), an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
10 additional prescribed details.".
(2) For section 170(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
15 2006.
(2A) For the purposes of sub-section (1), an infringement
notice--
(a) must be in the form required by the
Infringements Act 2006;
20 (b) must include details of the additional steps
(if any) required to expiate the offence;
(c) may contain any additional prescribed details.".
(3) Sections 171, 172, 173 and 185(i) are repealed.
27. Housing Act 1983
25 (1) In clause 5(1) of Schedule 5 for "parking offence notice"
substitute "infringement notice".
(2) For clause 5(2) of Schedule 5 substitute--
"(2) A parking offence referred to in sub-clause (1) for
which an infringement notice may be served is an
30 infringement offence within the meaning of the
Infringements Act 2006.".
(3) In clause 5 of Schedule 5, sub-clauses (3), (5), (6), (7)
and (8) are repealed.
(4) In clause 6 of Schedule 5, for "Any" substitute "Despite
35 section 32(3) of the Infringements Act 2006, any".
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28. Introduction Agents Act 1997
(1) After section 58(2) insert--
"(3) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.
(4) For the purposes of sub-section (1), an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
10 additional information approved by the Director.".
(2) Sections 59, 60, 61 and 62 are repealed.
29. Livestock Disease Control Act 1994
(1) For section 126(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
15 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 127, 128, 130 and 131 are repealed.
30. Local Government Act 1989
20 (1) After section 40(3) insert--
"(3A) An offence referred to in sub-section (3) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
25 penalty in respect of that offence.".
(2) For section 40(4) substitute--
"(4) In addition to the details required under section 13 of
the Infringements Act 2006, the details of the
election to which the alleged infringement relates
30 must be included in an infringement notice served
under sub-section (3), including--
(a) the name of the Council; and
(b) the date of the election; and
(c) the name of the ward.".
35 (3) In section 40, sub-sections (5), (6), (7), (8), (9), (10), (12)
and (13) are repealed.
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(4) After section 117(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
5 2006.".
(5) Sections 117(2)(c) and (d) and 117(3) are repealed.
31. Major Events (Crowd Management) Act 2003
(1) For section 18(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
10 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 19, 20, 22, 23 and 24 are repealed.
32. Metropolitan Fire Brigades Act 1958
15 (1) In section 92(1) omit "in a form approved by the Board".
(2) After section 92(1) insert--
"(1A) An offence referred to in sub-section (1) for which a
fire prevention infringement notice may be served is
an infringement offence within the meaning of the
20 Infringements Act 2006.".
(3) For section 92(2) substitute--
"(2) In addition to and without limiting section 12 of the
Infringements Act 2006, a fire prevention
infringement notice under sub-section (1) may be
25 served in accordance with section 88(1).".
(4) In section 92, sub-sections (3), (4), (5), (6) and (7) are
repealed.
33. Mineral Resources Development Act 1990
(1) In section 106(1) omit ", in accordance with the
30 regulations,".
(2) For section 106(2) substitute--
"(2) An offence referred to in sub-section (1) for which a
mining infringement notice may be served is an
infringement offence within the meaning of the
35 Infringements Act 2006.".
(3) Sections 106(3), 106(4) and 107 are repealed.
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(4) In section 124(1)--
(a) in paragraph (p), sub-paragraphs (ii) and (iii) are
repealed;
(b) in paragraph (q) omit "and the method of their
5 payment".
34. Motor Car Traders Act 1986
(1) After section 82D(2) insert--
"(3) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
10 offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
infringement penalty in respect of that offence.".
(2) For section 82E substitute--
"82E. Form of notice
15 For the purposes of section 82D, an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Director.".
(3) Sections 82F and 82G are repealed.
20 (4) In section 82H--
(a) sub-section (1), (2), (3) and (4) are repealed;
(b) in sub-section (5), for "this section" substitute
"Division 5 of Part 2 of the Infringements Act 2006".
35. Non-Emergency Patient Transport Act 2003
25 (1) For section 56(3) substitute--
"(3) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
30 infringement penalty in respect of that offence.".
(2) For section 57 substitute--
"57. Form of notice
For the purposes of section 56, an infringement notice
must be in the form required by the Infringements
35 Act 2006 and may contain any additional information
approved by the Secretary.".
(3) Sections 58, 59, 60, 61, 62 and 63 are repealed.
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36. Occupational Health and Safety Act 2004
(1) After section 139(1) insert--
"(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.".
(2) For section 139(3) substitute--
"(3) The regulations must prescribe the person or class of
persons who may issue infringement notices.".
10 (3) Sections 139(4), 140, 141 and 142 are repealed.
37. Planning and Environment Act 1987
(1) For section 130(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
15 offence within the meaning of the Infringements Act
2006.
(2A) In addition to the details required under section 13 of
the Infringements Act 2006, the details of the
additional steps (if any) required to expiate the
20 offence must be included in an infringement notice
served under sub-section (1).".
(2) Sections 131 and 132 are repealed.
38. Plant Health and Plant Products Act 1995
(1) For section 60(2) substitute--
25 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 61, 62, 64 and 65 are repealed.
30 (3) In section 67, after "a notice" insert "(other than an
infringement notice)".
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39. Prevention of Cruelty to Animals Act 1986
(1) For section 37A(3) substitute--
"(3) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
infringement penalty in respect of that offence.".
(2) For section 37B substitute--
"37B. Form of notice
10 For the purposes of section 37A, an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Department
Head.".
15 (3) Sections 37C, 37D, 37E, 37F, 37G and 37H are repealed.
40. Private Security Act 2004
(1) At the end of section 163 insert--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
20 offence within the meaning of the Infringements Act
2006.".
(2) For section 164 substitute--
"164. Form of notice
For the purposes of section 163, an infringement
25 notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Chief
Commissioner.".
(3) Sections 165, 166, 167, 168, 169 and 170 are repealed.
30 (4) In section 180(1)(t), for "and particulars to be included in
those notices" substitute "and infringement penalties for
those offences".
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41. Radiation Act 2005
(1) For section 119(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be issued is an infringement
5 offence within the meaning of the Infringements Act
2006.".
(2) Sections 120, 122, 123, 124, 125 and 126 are repealed.
42. Residential Tenancies Act 1997
(1) For section 510C(2) substitute--
10 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
infringement penalty in respect of that offence.".
15 (2) For section 510D substitute--
"510D. Form of notice
For the purposes of section 510C, an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
20 additional information approved by the Director.".
(3) Sections 510E, 510F, 510G, 510H, 510I and 510J are
repealed.
43. Road Management Act 2004
(1) For section 90(2) substitute--
25 "(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) Sections 91, 92, 93, 94 and 95 are repealed.
30 44. Second-Hand Dealers and Pawnbrokers Act 1989
(1) At the end of section 26ZB insert--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
35 2006.".
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(2) For section 26ZC substitute--
"26ZC. Form of notice
For the purposes of section 26ZB, an infringement
notice must be in the form required by the
5 Infringements Act 2006 and may contain any
additional information approved by the Director.".
(3) Sections 26ZD and 26ZE are repealed.
(4) In section 26ZF--
(a) sub-sections (1) to (4) are repealed;
10 (b) in sub-section (5), for "this section" substitute
"Division 5 of Part 2 of the Infringements Act 2006".
45. Stock (Seller Liability and Declarations) Act 1993
(1) For section 29(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
15 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the applicable
penalty set out in the Schedule.
(3) For the purposes of sub-section (1), an infringement
20 notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Minister.".
(2) Sections 30 and 31 are repealed.
46. Summary Offences Act 1966
25 (1) In the Note to section 18(3), for "sections 60AA to 60AH"
substitute "section 60AA".
(2) For section 60AA(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
30 offence within the meaning of the Infringements Act
2006.".
(3) For section 60AB substitute--
"60AB. Infringement penalty
The amount payable for an alleged offence for which
35 an infringement notice may be served is 1 penalty
unit.".
(4) Sections 60AC to 60AH are repealed.
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Sch.
47. Tobacco Act 1987
(1) Section 38(1A) is repealed.
(2) For section 38(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
5 infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(3) For section 38(3) substitute--
"(3) For the purposes of sub-section (1), an infringement
10 notice must be in the form required by the
Infringements Act 2006 and may contain any
additional prescribed details.".
(4) In section 38, sub-sections (4), (5), (6) and (7) are repealed.
48. Trade Measurement (Administration) Act 1995
15 (1) For section 18(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
20 (2) Sections 19, 20, 22 and 23 are repealed.
49. Travel Agents Act 1986
(1) For section 39ZC(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
25 offence within the meaning of the Infringements Act
2006 and the penalty for that offence is the prescribed
infringement penalty in respect of that offence.".
(2) For section 39ZD substitute--
"39ZD. Form of notice
30 For the purposes of section 39ZC, an infringement
notice must be in the form required by the
Infringements Act 2006 and may contain any
additional information approved by the Director.".
(3) Sections 39ZE, 39ZF, 39ZG, 39ZH, 39ZI and 39ZJ are
35 repealed.
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Sch.
50. Utility Meters (Metrological Controls) Act 2002
(1) For section 54(2) substitute--
"(2) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
5 offence within the meaning of the Infringements Act
2006.".
(2) Sections 55, 56, 58 and 59 are repealed.
51. Water Efficiency Labelling and Standards Act 2005
(1) After section 40(1) insert--
10 "(1A) An offence referred to in sub-section (1) for which an
infringement notice may be served is an infringement
offence within the meaning of the Infringements Act
2006.".
(2) For section 40A substitute--
15 "40A. Form of notice
For the purposes of section 40, an infringement notice
must be in the form required by the Infringements
Act 2006 and may contain any additional information
approved by the Regulator.".
20 (3) Sections 40B, 40C, 40D, 40E and 40F are repealed.
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Infringements (Consequential and Other Amendments) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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