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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Infringements Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Act to be read as one with Magistrates' Court Act 1989 8
5. Guidelines 8
6. Reports to Attorney-General 9
7. Infringement offences to which this Act applies 10
PART 2--INFRINGEMENT NOTICES--PRE-ENFORCEMENT
STAGE 11
Division 1--Official Warnings 11
8. Issuing officer may serve an official warning 11
9. Enforcement agency guidelines and policies 12
10. Official warning does not affect other powers 12
11. Withdrawal of official warning 12
Division 2--Infringement Notices 13
12. Service of infringement notice 13
13. Forms of infringement notice 13
14. Payment to be within time specified 14
15. Late payment 14
16. Person may elect to have matter heard in Court 15
17. Enforcement agency can refer matter to Court 15
18. Withdrawal of infringement notice 16
19. Form of withdrawal notice 18
20. Effect of withdrawal 18
Division 3--Internal Reviews 18
21. Application of Division 18
22. Application for internal review 19
23. Request for additional information 20
24. Review by enforcement agency 21
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25. What can an enforcement agency decide on review? 22
26. Time to pay if decision confirmed 23
27. Review terminated if matter goes to Court 24
Division 4--Penalty Reminder Notices 24
28. Application of Division 24
29. Penalty reminder notices 24
30. Person may elect to have matter heard and determined in
Court 25
Division 5--Expiation and Demerit Schemes 26
31. Exceptions to expiation 26
32. Expiating the offence 26
33. Effect of expiation 27
34. Demerit point schemes 28
35. Agreeing to pay by instalments has same effect as a full
payment 28
Division 6--Cancellation of Certain Infringement Notices 29
36. Application of Division 29
37. Cancellation of infringement notice if person not aware 29
38. Powers of Court to cancel 30
Division 7--Going to Court--Pre-lodgement Stage 31
39. Penalty to be refunded if election to go to Court is made 31
40. Decision to go to Court--lodgeable infringement offences 32
41. Avoiding service 33
PART 3--PAYMENT PLANS 34
Division 1--Establishment of the Central Payment Plan Facility 34
42. Central payment plan facility 34
43. Functions of Secretary under this Part 34
44. Powers of Secretary 35
45. Delegation 35
Division 2--Payment Plans 35
46. Payment plans available in certain circumstances 35
47. Payment plans 36
48. When does payment plan commence? 37
49. Payment plans--additions, removals and cancellations 37
50. Allocation of money received under payment plan 39
51. Provision of current contact details 40
52. Defaulting on a payment plan 41
53. Payment plans may extend period for bringing proceedings
for offence 42
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PART 4--LODGING INFRINGEMENT PENALTIES AND
ENFORCEMENT ORDERS 44
Division 1--Lodgement 44
54. Lodgement of infringement penalty with infringements
registrar 44
55. Extended period for lodgement 46
56. Extension of period for bringing prosecution for summary
offences 47
57. Reliance on lodged material 48
58. Agency may request enforcement order not be made 48
Division 2--Enforcement Orders 48
59. Enforcement orders 48
60. Enforcement order notice 49
61. Effect of enforcement order 50
62. Expiry of enforcement orders 51
63. Reinstatement after enforcement order has expired 52
Division 3--Revocation of Enforcement Orders 53
64. Infringements registrar may revoke enforcement order and
refer matter to Court 53
65. Applications for revocation of enforcement orders 54
66. Powers to revoke enforcement orders 55
67. Powers to vary costs or fees 57
68. Referral to Court of application for revocation 57
69. Enforcement agency may request non-prosecution of offence 58
Division 4--Going to Court under this Part 59
70. Fine to be refunded if matter referred to Court 59
71. Decision to go to Court 59
72. Hearing by the Court 60
73. Avoiding service 61
74. Application for re-hearing 61
75. Notice of intention to apply for re-hearing 62
PART 5--PAYMENT ORDERS 63
76. Applying for payment order 63
77. Infringements registrar may make payment order 64
78. Consequences of default under a payment order 65
79. Allocation of money under payment order 66
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PART 6--INFRINGEMENT WARRANTS 68
80. Issue of infringement warrants 68
81. Fees to be included 68
82. What does an infringement warrant authorise? 69
83. Person arrested under infringement warrant may be bailed 71
84. Persons to whom infringement warrant may be directed 71
85. Unexecuted infringement warrants 73
86. Consolidation of warrants in execution copy 73
87. Notice of seizure of property 74
88. Warning of execution of infringement warrant--seven-day
notice 75
89. What can be done during period of the seven-day notice? 76
90. Executing infringement warrant after 7 day period 77
91. Enforcement against bodies corporate 77
92. Reduction of imprisonment by payment of portion of fine 80
93. Rules etc. with respect to execution of infringement warrant 81
94. Warrant void after 5 years 83
PART 7--DETENTION, IMMOBILISATION AND SALE OF
MOTOR VEHICLES 84
95. Application of Part 84
96. Detention or immobilisation of motor vehicles 84
97. Powers to detain, immobilise and seize 84
98. Powers to tow 86
99. Notice to be provided on detention or immobilisation 86
100. Recovery of motor vehicle by registered operator within
prescribed period 87
101. Seizure and sale 88
102. Recovery of motor vehicle or item by third party before sale 89
103. Sheriff may return motor vehicle or items of low monetary
value 90
104. Application of proceeds of sale 90
105. Section 42 of the Supreme Court Act 1986 does not apply 91
106. Buyer acquires good title 92
107. Offence to tamper with or remove means used to immobilise
motor vehicle 92
PART 8--SUSPENSION OF DRIVER LICENCES AND
REGISTRATION OF MOTOR VEHICLE OR TRAILER 93
108. Meaning of "person in default" in this Part 93
109. Action under this Part 93
110. Sheriff may direct VicRoads to suspend driver licence 94
111. When does suspension of driver licence cease? 94
112. Sheriff may direct VicRoads to suspend vehicle registration 95
113. When does suspension of registration cease? 96
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114. Direction not to renew driver licence or motor vehicle
registration 97
115. Renewal of licence or registration 98
116. Direction not to transfer registration 99
117. When can transfer of registration occur? 100
118. Cessation of suspension under this Act does not affect any
other suspension 101
119. Avoidance of certain provisions in contracts of insurance 102
PART 9--ORAL EXAMINATION 103
120. Summons for oral examination 103
121. What happens if person does not attend oral examination? 104
PART 10--ATTACHMENT OF EARNINGS ORDERS AND
ATTACHMENT OF DEBTS ORDERS 105
Division 1--Application of Part 105
122. Application of Part 105
Division 2--Attachment of Earnings Order 105
123. When can an attachment of earnings order be made? 105
124. Service of an attachment of earnings order 106
125. Infringements registrar may investigate person's employment
details 106
126. Variation, discharge or suspension of attachment of earnings
order 107
127. Compliance with an attachment of earnings order 107
128. Employer obligations in respect of an attachment of earnings
order 107
Division 3--Attachment of Debts Order 108
129. When can an attachment of debts order be made? 108
130. Service and effect of attachment of debts order 110
131. Dispute of liability by garnishee 110
132. Variation, discharge or suspension of attachment of debts
order 110
133. Compliance with an attachment of debts order 110
PART 11--CHARGES OVER AND SALE OF REAL
PROPERTY 111
134. Application of Part 111
135. Application for order charging land 111
136. Court may make order charging land 112
137. Land becomes subject to charge 112
138. Application for removal of charge over land 113
139. Court may order removal of charge 114
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140. Removal order to be lodged with Registrar of Titles 114
141. Powers of Registrar of Titles 115
142. Owner to be notified of charge 115
143. Power of sale 115
144. Notice of intention to sell 116
145. Sale to be treated as sale by mortgagee 116
146. Application of proceeds of sale 117
PART 12--INFRINGEMENT OFFENDERS, COMMUNITY
WORK PERMITS AND IMPRISONMENT 118
Division 1--Community Work Permits 118
147. When a community work permit may be issued 118
148. Community work permit 119
149. Core conditions of community work permits 119
150. Program condition 120
151. Cumulative periods of work under two or more community
work permits 120
152. Community work 120
153. Secretary may direct infringement offender to report at
another place 121
154. Suspension of community work permit 121
155. Variation or cancellation of community work permit 121
156. Breach of community work permit 123
157. Part payment of outstanding fines to reduce community
service 123
Division 2--Imprisonment 123
158. Application of this Division 123
159. Infringement offender to be brought before the Court 124
160. Powers of the Court 125
161. Reduction of imprisonment by payment of part of outstanding
fines 126
PART 13--GENERAL 128
162. Service of documents 128
163. Substituted service 130
164. Certain agencies may give information for enforcement
purposes 131
165. Police may assist sheriff 132
166. Police may exercise certain powers of sheriff 132
167. Offence to give false information 132
168. Regulations 133
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PART 14--AMENDMENTS TO OTHER ACTS 137
Division 1--Amendments to Magistrates' Court Act 1989 137
169. Miscellaneous amendments 137
170. Heading amended 138
171. Section 99 substituted 138
99. Infringement offence enforcement procedure under
the Infringements Act 2005 138
172. Certain agencies may give information 138
173. Administrative services arrangements 139
174. Contempt of Court 139
175. New clause 7 to Schedule 2 inserted 140
7. Non-appearance of defendant--Infringements
Act 2005 140
176. Repeal of certain provisions 140
Division 2--Amendments to Subordinate Legislation Act 1994 141
177. New section 6A inserted 141
6A. Infringements offence consultation certificate 141
178. Submission of statutory rules to Governor in Council 142
Division 3--Amendments to Road Safety Act 1986 143
179. Powers of Corporation 143
180. New sections 9AA to 9AF inserted 143
9AA. Suspension of motor vehicle or trailer registration 143
9AB. Cessation of suspension 144
9AC. Direction not to renew registration 144
9AD. Renewal of registration 145
9AE. Non-transfer of registration 145
9AF. Transfer of registration 146
181. Appeal to Magistrates' Court under Road Safety Act 1986 146
182. New section 19A and 19B inserted 146
19A. Direction not to renew licence 146
19B. Renewal of licence or permit 147
183. Suspension of driver licence 147
184. Offence to drive or apply for licence while suspended 147
185. New section 30AA inserted 148
30AA. Offence to drive while licence suspended under
Infringements Act 2005 148
ENDNOTES 149
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551264B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005
PARLIAMENT OF VICTORIA
A BILL
to provide for a new framework for the issuing and serving of
infringement notices for offences and the enforcement of infringement
notices, to amend the Magistrates' Court Act 1989, the Road Safety
Act 1986 and the Subordinate Legislation Act 1994 and for other
purposes.
Infringements Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to provide for a new framework for the
issuing and serving of infringement notices
5
for offences and the enforcement of
infringement notices;
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551264B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005
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Act No.
Part 1--Preliminary
s. 2
(b) to amend the Magistrates' Court Act 1989,
the Road Safety Act 1986 and the
Subordinate Legislation Act 1994.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2007, it comes into
operation on that day.
3. Definitions
10
(1) In this Act--
"additional steps", in relation to an infringement
offence, means any additional steps which
have to be taken under the Act or regulations
creating the offence to expiate the offence to
15
which an infringement notice relates;
"attachment of earnings order" means an order
made under section 123;
"attachment of debts order" means an order
made under section 129;
20
"community corrections centre" means
community corrections centre established
under Part 9 of the Corrections Act 1986;
"community corrections officer" means
community corrections officer appointed
25
under Part 4 of the Corrections Act 1986;
"community work permit" means a permit
under Division 1 of Part 12;
"Court" means Magistrates' Court;
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s. 3
"director", in relation to a body corporate,
includes--
(a) a person occupying the position of
director of the body corporate, by
whatever name called; and
5
(b) a person in accordance with whose
directions or instructions the directors
of the body corporate are accustomed to
act;
"driver licence" has the same meaning as it has
10
in section 3 of the Road Safety Act 1986
and includes a learner permit under Part 3 of
that Act;
"enforcement agency", in relation to an
infringement offence, means--
15
(a) a person or body authorised by or under
an Act to take proceedings for the
infringement offence in respect of
which the infringement notice or
official warning was issued or served;
20
or
(b) a person by whom, or body by which, a
person or body referred to in
paragraph (a) is employed or engaged
to provide services if the taking of the
25
proceedings referred to in that
paragraph would occur in the course of
that employment or in the course of
providing those services; or
(c) a prescribed person or body or person
30
or body which is a member of a
prescribed class of person or body;
"enforcement order" means an order made
under section 59;
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"enforcement order notice" means a notice
under section 60(1) of the making of an
enforcement order;
"execution copy", in relation to an infringement
warrant, means the copy issued for the
5
purposes of execution and includes an
execution copy comprising a number of
infringement warrants consolidated under
section 86;
"fine" means an infringement penalty and any
10
prescribed costs and includes any fee
payable under section 81;
"fine units", in relation to outstanding fines,
means the number determined by dividing
the outstanding fines by the number (whether
15
whole, decimal or fractional) fixed from time
to time by the Treasurer under section 5(3)
of the Monetary Units Act 2004 as the
amount for the purposes of section 5(2) of
that Act;
20
"garnishee" means a person from whom an
infringements registrar, the sheriff, an
enforcement agency or a person against
whom an infringement warrant has been
issued, claims that a debt is due or accruing
25
to the person against whom an infringement
warrant has been issued;
"guidelines" means the guidelines in force from
time to time under section 5;
"infringement notice" means a notice in respect
30
of an infringement offence served in
accordance with Part 2;
"infringement offence" means an offence under
an Act or regulations which, under that Act
or those regulations, may be the subject of an
35
infringement notice;
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s. 3
"infringement offender" means a person who
has been arrested under an infringement
warrant;
"infringement penalty" means the amount stated
in an infringement notice as payable in
5
respect of the infringement offence to which
the notice relates;
"infringements registrar"--
(a) means a registrar within the meaning of
the Magistrates' Court Act 1989 who
10
is a registrar on whom functions under
this Act or the Magistrates' Court Act
1989 have been conferred in respect of
any proceeding or class of proceeding
or procedure under this Act; and
15
(b) includes any deputy registrar employed
pursuant to section 17 of that Act to
whom duties, powers and functions
under this Act are delegated under the
Magistrates' Court Act 1989;
20
"infringement warrant" means a warrant issued
under Part 6;
"issuing officer" means--
(a) a person appointed by an enforcement
agency to issue or serve an
25
infringement notice in respect of an
infringement offence; or
(b) a prescribed person or person who is a
member of a prescribed class of person;
"lodgeable infringement offence" means an
30
infringement offence prescribed under this
Act to be an infringement offence which is
enforceable under this Act;
"motor vehicle" has the same meaning as it has
in the Road Safety Act 1986;
35
5
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s. 3
"official warning" means a warning in respect of
an infringement offence served in
accordance with Part 2;
"outstanding fines", in relation to an
infringement warrant, means the total of--
5
(a) the amount specified in the
infringement warrant that is unpaid;
and
(b) the costs of execution of the
infringement warrant that are unpaid;
10
"payment order" means an order made under
section 77;
"payment plan" means a payment plan under
Part 3;
"penalty reminder notice" means a notice
15
served under section 29;
"police member" means member of the force
within the meaning of the Police Regulation
Act 1958;
"prescribed costs", in relation to an infringement
20
penalty, means the sum of--
(a) the amount of costs (if any) lodged with
any outstanding amount of an
infringement penalty; and
(b) the prescribed costs of an enforcement
25
order; and
(c) any other costs required to be charged
in relation to an enforcement order
under this Act or any other Act;
"public place" has the same meaning as it has in
30
section 3 of the Summary Offences Act
1966;
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s. 3
"registered operator" has the same meaning as it
has in the Road Safety Act 1986 and in
Part 7 includes, in the case of an unregistered
motor vehicle, the last registered operator;
"Secretary" means the Secretary to the
5
Department of Justice;
"seven-day notice" means a notice served under
section 88;
"special circumstances", in relation to a person
means--
10
(a) a mental or intellectual disability,
disorder, disease or illness where the
disability, disorder, disease or illness
results in the person being unable--
(i) to understand that conduct
15
constitutes an offence; or
(ii) to control conduct that constitutes
an offence; or
(b) a serious addiction to drugs, alcohol or
a volatile substance within the meaning
20
of section 57 of the Drugs, Poisons
and Controlled Substances Act 1981
where the serious addiction results in
the person being unable--
(i) to understand that conduct
25
constitutes an offence; or
(ii) to control conduct which
constitutes an offence; or
(c) homelessness determined in accordance
with the prescribed criteria (if any)
30
where the homelessness results in the
person being unable to control conduct
which constitutes an offence;
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"vehicle" has the same meaning as it has in the
Road Safety Act 1986;
"VicRoads" means the Roads Corporation
established under Part II of the Transport
Act 1983.
5
(2) If under the Public Administration Act 2004 the
name of the Department of Justice is changed, a
reference in the definition of "Secretary" in sub-
section (1) to that Department must, from the date
when the name is changed, be treated as a
10
reference to the Department by its new name.
4. Act to be read as one with Magistrates' Court
Act 1989
(1) This Act is to be read and construed as one with
the Magistrates' Court Act 1989.
15
(2) Expressions used in this Act and in the
Magistrates' Court Act 1989 that are not defined
in section 3 or elsewhere in this Act have the same
meanings as in the Magistrates' Court Act 1989.
5. Guidelines
20
(1) The Attorney-General, after consultation with any
other Minister whose area of responsibility may
be affected by the guidelines, may make
guidelines for or with respect to--
(a) the offences suitable for being subject to
25
infringement notices under this Act or any
other Act or regulations;
(b) the level of penalty suitable for being subject
to infringement notices;
(c) the administration of this Act including--
30
(i) a model code of conduct to apply to
issuing officers and enforcement
agencies unless an enforcement agency
has adopted its own code of conduct;
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(ii) the criteria to be considered in
determining whether a person is
entitled to a payment plan and the
management of a payment plan,
including eligibility criteria;
5
(iii) internal review by an enforcement
agency under this Act, including the
conduct of internal reviews;
(iv) the use of any records kept by
enforcement agencies of any
10
infringement notices or official
warnings served;
(v) the provision of information, including
statistical data, relating to infringement
offences to the Attorney-General;
15
(vi) any other matter relating to the
administration of this Act.
(2) The Attorney-General--
(a) must cause the guidelines to be published in
the Government Gazette; and
20
(b) may publish the guidelines on the Internet.
(3) The guidelines take effect on the date of
publication in the Government Gazette or such
later date as is specified in the guidelines.
6. Reports to Attorney-General
25
For the purposes of ensuring the effective
administration of this Act, an enforcement agency
must provide to the Attorney-General the
prescribed information, including statistical
data--
30
(a) at the prescribed intervals; or
(b) at such other periods as the Attorney-General
by written notice to the agency may require.
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7. Infringement offences to which this Act applies
(1) This Act applies to lodgeable infringement
offences.
(2) This Part and Parts 2 and 3 and Part 13 (other than
sections 165 and 166) of this Act apply to
5
infringement offences.
(3) This Act does not apply to infringement notices
issued or served under local laws or the
enforcement of offences against local laws by
infringement notice under section 117 of the
10
Local Government Act 1989, other than a local
law which is a parking infringement within the
meaning of the Road Safety Act 1986.
(4) Subject to anything to the contrary in the
Children and Young Persons Act 1989 or this
15
Act, this Act does not apply to infringement
notices issued to or served on a child within the
meaning of the Children and Young Persons
Act 1989 or to the enforcement of an offence for
which an infringement notice or a penalty notice
20
within the meaning of Schedule 2A to that Act
could be issued or a prescribed offence within the
meaning of that Schedule.
(5) Regulations made under this Act must not
prescribe an offence referred to in sub-section (3)
25
(other than a parking infringement) or sub-
section (4) to be a lodgeable infringement offence.
__________________
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Act No.
Part 2--Infringement Notices--Pre-Enforcement Stage
s. 8
PART 2--INFRINGEMENT NOTICES--
PRE-ENFORCEMENT STAGE
Division 1--Official Warnings
8. Issuing officer may serve an official warning
(1) An issuing officer may serve a person with an
5
official warning rather than serve an infringement
notice if--
(a) the issuing officer believes on reasonable
grounds that a person has committed an
infringement offence; and
10
(b) the issuing officer is of the opinion that in all
the circumstances it is appropriate to serve
an official warning.
(2) An official warning must be in writing and
contain the prescribed details.
15
(3) In making a decision under sub-section (1), an
issuing officer, other than a police member,
must--
(a) observe any policy of the relevant
enforcement agency in relation to the
20
application of official warnings in respect of
any infringement offence; and
(b) have regard to enforcement agency
guidelines made by the relevant enforcement
agency in relation to the application of
25
official warnings in respect of any
infringement offence.
(4) Nothing in this section limits an issuing officer's
power to exercise his or her discretion as to
whether to serve an infringement notice.
30
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9. Enforcement agency guidelines and policies
An enforcement agency, other than a prescribed
enforcement agency, may make and publish
enforcement agency guidelines and policies in
respect of the use of official warnings for
5
infringement offences.
10. Official warning does not affect other powers
An official warning does not affect the power of
an issuing officer or enforcement agency--
(a) to commence proceedings against a person to
10
whom an official warning was given; or
(b) to serve an infringement notice; or
(c) to take no further action; or
(d) to take any other specified action permitted
under this Act or the Act or regulations
15
which establishes the infringement offence.
11. Withdrawal of official warning
(1) An issuing officer or enforcement agency must
withdraw an official warning if--
(a) proceedings are to be commenced against the
20
person on whom an official warning was
served in respect of the infringement
offence; or
(b) an infringement notice in respect of the
infringement offence is to be served on the
25
person on whom an official warning was
served.
(2) An official warning may be withdrawn at any time
before the expiry of the prescribed period.
(3) An official warning must be withdrawn by serving
30
a withdrawal of an official warning on the person
on whom the official warning was served.
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(4) A withdrawal of an official warning must--
(a) be in writing; and
(b) contain the prescribed details.
Division 2--Infringement Notices
12. Service of infringement notice
5
An infringement notice for an infringement
offence may be served on a person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the person
at the person's last known place of residence
10
or business; or
(c) if a vehicle is involved in the alleged
commission of the offence, by affixing or
placing the notice on that vehicle in a
conspicuous manner; or
15
(d) in any other manner not specified in
paragraphs (a) to (c) if the Act or regulations
which establishes the infringement offence
provides for any other manner of service.
13. Forms of infringement notice
20
(1) Subject to sub-section (2), an infringement notice
must--
(a) be in writing and contain the prescribed
details;
(b) state that the person is entitled to elect to
25
have the matter of the infringement offence
heard and determined in Court.
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(2) In addition to the requirements of sub-section (1),
an infringement notice must contain the relevant
prescribed further details if the infringement
notice is in respect of an offence--
(a) that requires additional steps to be taken to
5
expiate the offence; or
(b) to which a graduated penalty applies when a
subsequent infringement notice is served on
a person; or
(c) that results in any penalty other than an
10
infringement penalty and prescribed costs
being incurred in addition to the
infringement penalty payable under an
infringement notice.
14. Payment to be within time specified
15
An infringement penalty must be paid within the
period specified in the infringement notice, being
a period not less than 28 days after an
infringement notice has been served.
15. Late payment
20
An enforcement agency may accept payment of an
infringement penalty after the expiry of the time
for payment stated in the infringement notice if--
(a) the infringement notice has not been
withdrawn; and
25
(b) in the case of a lodgeable infringement
offence, the details of the infringement
penalty in respect of that offence have not
been lodged with an infringements registrar.
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16. Person may elect to have matter heard in Court
(1) A person served with an infringement notice may
elect to have the matter of the infringement
offence heard and determined in Court--
(a) in the case of a lodgeable infringement
5
offence, at any time before an enforcement
order is made;
(b) in the case of any other infringement
offence, at any time before the expiry of the
period for bringing a proceeding in relation
10
to the offence to which the infringement
notice relates.
(2) This section does not apply to infringement
offences to which the following provisions
apply--
15
(a) sections 89 and 89A to 89D of the Road
Safety Act 1986;
(b) section 215C of the Transport Act 1983;
(c) sections 61A and 61BA of the Marine Act
1988.
20
17. Enforcement agency can refer matter to Court
(1) An enforcement agency may refer a matter for
which an infringement notice has been served to
the Court--
(a) in the case of a lodgeable infringement
25
offence, at any time before an enforcement
order is made;
(b) in the case of any other infringement
offence, at any time before the expiry of the
period for bringing a proceeding in relation
30
to the offence to which the infringement
notice relates.
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(2) This section does not apply to infringement
offences to which the following provisions
apply--
(a) sections 89 and 89A to 89D of the Road
Safety Act 1986;
5
(b) section 215C of the Transport Act 1983;
(c) sections 61A and 61BA of the Marine Act
1988.
18. Withdrawal of infringement notice
(1) An enforcement agency may withdraw an
10
infringement notice by serving a withdrawal
notice on the person served with the infringement
notice--
(a) in the case of a lodgeable infringement
offence, at any time before an enforcement
15
order is made; and
(b) in the case of any other infringement
offence, at any time before the expiry of the
period for bringing a proceeding in relation
to the offence to which the infringement
20
notice relates.
(2) Subject to sub-section (4), without limiting sub-
section (1), an enforcement agency may withdraw
an infringement notice if the enforcement agency
determines that--
25
(a) an official warning should be served on the
person rather than an infringement notice; or
(b) proceedings are to be commenced against the
person in respect of the infringement offence
for which the infringement notice had been
30
served; or
(c) the matter should be abandoned.
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(3) Subject to sub-section (4), an infringement notice
may be withdrawn even if the infringement
penalty and prescribed costs (if any) have been
paid.
(4) In the case of an infringement notice in respect of
5
an infringement offence requiring additional steps
to be taken, the infringement notice cannot be
withdrawn for the purposes of commencing
proceedings against the person in respect of the
offence for which the infringement notice had
10
been served if the person on whom the
infringement notice was served--
(a) has paid the infringement penalty and
prescribed costs (if any); and
(b) has taken all the required additional steps.
15
(5) If an infringement notice is withdrawn, the
amount of any infringement penalty and any
prescribed costs paid must be refunded and--
(a) if the penalty and costs (if any) have been
paid into the Consolidated Fund, the
20
Consolidated Fund is, to the necessary
extent, appropriated accordingly; or
(b) if the penalty and costs (if any) have been
paid into another fund or account, the
penalty and costs (if any) are to be refunded
25
from that fund or account.
(6) This section does not apply to infringement
offences to which the following provisions
apply--
(a) sections 88, 89 and 89A to 89D of the Road
30
Safety Act 1986;
(b) section 215C of the Transport Act 1983;
(c) sections 61A and 61BA of the Marine Act
1988.
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19. Form of withdrawal notice
A withdrawal notice must--
(a) be in writing and contain the prescribed
details; and
(b) state that the enforcement agency intends to
5
proceed in respect of the infringement
offence by--
(i) continuing proceedings and issuing a
summons; or
(ii) issuing an official warning; or
10
(iii) taking no further action; or
(iv) taking any other specified action
permitted under this Act or the Act or
regulations which establishes the
infringement offence.
15
20. Effect of withdrawal
(1) Subject to this Act, the withdrawal of an
infringement notice does not affect any other
procedure or action that can be taken under this
Act.
20
(2) This section applies to an infringement notice--
(a) withdrawn by withdrawal notice; or
(b) deemed to be withdrawn by a provision of
this Act.
Division 3--Internal Reviews
25
21. Application of Division
This Division does not apply to an infringement
notice or an infringement offence of a kind to
which any of the following provisions apply--
(a) sections 89A to 89D of the Road Safety Act
30
1986;
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(b) section 215C of the Transport Act 1983;
(c) sections 61A and 61BA of the Marine Act
1988.
22. Application for internal review
(1) A person who has been served with an
5
infringement notice or a person acting on that
person's behalf with the first-mentioned person's
consent, may apply to the relevant enforcement
agency for review of the decision to serve the
infringement notice if the person believes--
10
(a) the decision--
(i) was contrary to law; or
(ii) involved a mistake of identity; or
(b) that special circumstances apply to the
person; or
15
(c) the conduct for which the infringement
notice was served should be excused having
regard to any exceptional circumstances
relating to the infringement offence.
(2) An application under sub-section (1)--
20
(a) may be made--
(i) in the case of a lodgeable infringement
offence, at any time before the
infringement penalty is lodged with an
infringements registrar; and
25
(ii) in the case of any other infringement
offence, at any time before the expiry
of the period for bringing a proceeding
in relation to the offence to which the
infringement notice relates; and
30
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(b) must be in writing; and
(c) must state the grounds on which the decision
should be reviewed; and
(d) must provide the applicant's current address
for service of the notice under section 24(3)
5
of the outcome of the decision; and
(e) may only be made once in relation to any
one infringement offence in respect of the
applicant.
23. Request for additional information
10
(1) An enforcement agency may request any
additional information which it requires to
conduct a review under section 24 from the
applicant.
(2) If an enforcement agency makes a request under
15
sub-section (1), it must suspend the review for a
period not exceeding 21 days.
(3) The applicant must provide the additional
information within 14 days of service of the
request for additional information by the
20
enforcement agency.
(4) If a person fails to provide the requested
information to the enforcement agency within the
time specified in sub-section (3), the enforcement
agency must review the decision under section 24
25
without the additional information.
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24. Review by enforcement agency
(1) If an enforcement agency receives an application
for review under section 22, the enforcement
agency must--
(a) review the decision to serve an infringement
5
notice on the person; and
(b) suspend any procedures that are being used
for the enforcement of the infringement
penalty in respect of the infringement
offence until--
10
(i) the review is complete; and
(ii) the applicant is sent advice of the
outcome.
(2) An enforcement agency must ensure that a review
under this section is conducted by a person who
15
was not involved in making the decision to serve
the infringement notice which is the subject of the
review.
(3) An enforcement agency must review a decision
and advise the applicant of the outcome of the
20
review--
(a) within the prescribed time; or
(b) if an enforcement agency requests additional
information under section 23, within the
period of the time prescribed for the
25
purposes of paragraph (a) plus 21 days,
whether or not the additional information
was received by the agency.
(4) If an enforcement agency fails to comply with
sub-section (3), the infringement notice is deemed
30
to be withdrawn.
(5) Nothing in this section limits the power of an
enforcement agency to review a decision to serve
an infringement notice on any other basis.
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25. What can an enforcement agency decide on review?
(1) Subject to sub-section (2), after reviewing a
decision under section 24, an enforcement agency
may--
(a) confirm the decision to serve an
5
infringement notice;
(b) withdraw the infringement notice and serve
an official warning in place of the
infringement notice;
(c) withdraw the infringement notice;
10
(d) withdraw the infringement notice and refer
the matter to Court in accordance with this
Part;
(e) in the case of an infringement offence
involving additional steps, alter or vary those
15
steps provided the alteration or variation is
consistent with the Act or regulations
establishing the offence;
(f) waive all or any prescribed costs;
(g) approve a payment plan;
20
(h) do any combination of any of the actions
referred to in paragraphs (a) to (g).
(2) In the case of an application made under section
22(1)(b) on the grounds that special circumstances
apply to the person served with the infringement
25
notice, after reviewing a decision under
section 24, an enforcement agency may--
(a) confirm the decision to serve an
infringement notice;
(b) withdraw the infringement notice and serve
30
an official warning in place of the
infringement notice;
(c) withdraw the infringement notice.
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(3) If an enforcement agency makes a decision under
sub-section (2)(a) confirming the decision to serve
the infringement notice, the enforcement agency
must refer the matter to Court in accordance with
this Part.
5
26. Time to pay if decision confirmed
(1) Subject to sub-section (2), if an enforcement
agency confirms a decision to serve an
infringement notice under section 25(1)(a), the
person must pay the infringement penalty and any
10
prescribed costs by whichever of the following
dates occurs latest in time--
(a) the due date specified in the infringement
notice; or
(b) within 14 days after the person has been sent
15
advice of the outcome of the review.
(2) In the case of an infringement offence involving
additional steps, if an enforcement agency
confirms a decision to serve an infringement
notice under section 25(1)(a), the person must--
20
(a) pay the infringement penalty and any
prescribed costs by whichever of the
following dates occurs latest in time--
(i) the due date specified in the
infringement notice; or
25
(ii) within 14 days after the person has
been sent advice of the outcome of the
review; and
(b) perform the additional steps by whichever of
the following dates occurs latest in time--
30
(i) the end of the remedy period specified
in the infringement notice; or
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(ii) within 14 days after the person has
been sent advice of the outcome of the
review.
27. Review terminated if matter goes to Court
If a person elects to have a matter heard and
5
determined in Court under this Part while a review
under this Division is in progress, the review is
terminated on the person making that election.
Division 4--Penalty Reminder Notices
28. Application of Division
10
This Division does not apply to an infringement
notice or an infringement offence of a kind to
which any of the following provisions apply--
(a) sections 89A to 89D of the Road Safety Act
1986;
15
(b) section 215C of the Transport Act 1983;
(c) sections 61A and 61BA of the Marine Act
1988.
29. Penalty reminder notices
(1) An enforcement agency may serve a penalty
20
reminder notice on a person on whom an
infringement notice was served if it appears to the
enforcement agency that an infringement penalty
has not been paid--
(a) within the period for payment specified in
25
the infringement notice; or
(b) if an application for internal review under
Division 3 has been made and no previous
penalty reminder notice has been served in
respect of the infringement notice, within the
30
time specified in section 26.
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(2) If a payment plan applies to a person, an
enforcement agency may serve a penalty reminder
notice on that person if it appears to the
enforcement agency that no previous penalty
reminder notice has been served in respect of the
5
infringement notice and the person has--
(a) cancelled the payment plan; or
(b) removed an infringement penalty and
prescribed costs in respect of an
infringement offence from a payment plan;
10
or
(c) is in default of a payment of the payment
plan.
(3) If a person is served with a penalty reminder
notice in relation to an infringement notice, the
15
time for payment of the infringement penalty is
extended until the end of 28 days after service of
the penalty reminder notice.
(4) The infringement penalty together with any
prescribed costs may be paid within the extended
20
period as if the infringement notice or law under
which the notice was served also required the
payment of those costs.
(5) A penalty reminder notice must be in writing and
contain the prescribed details.
25
30. Person may elect to have matter heard and
determined in Court
(1) A person who has been served with a penalty
reminder notice may elect to have the matter of
the infringement offence heard and determined in
30
Court.
(2) If a person elects to have the matter of the
infringement offence heard and determined in
Court, the person must--
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(a) make a written statement to the effect that
the person has elected to have the matter of
the infringement offence heard and
determined in Court; and
(b) serve that written statement on the
5
enforcement agency specified in the penalty
reminder notice within 28 days after the
penalty reminder notice was served on the
person.
Division 5--Expiation and Demerit Schemes
10
31. Exceptions to expiation
Nothing in this Division affects the operation of--
(a) sections 66, 89 and 89A to 89D of the Road
Safety Act 1986;
(b) section 215C of the Transport Act 1983;
15
(c) sections 61A and 61BA of the Marine Act
1988.
32. Expiating the offence
(1) Subject to sub-section (2) and any other Act, if an
infringement notice is not withdrawn and the
20
infringement penalty and any prescribed costs are
paid within the period specified in the notice or
late payment is accepted in accordance with
section 15, the person on whom the notice was
served has expiated the offence by that payment.
25
(2) In the case of an infringement notice involving
additional steps, a person has expiated the offence
when--
(a) the infringement penalty and any prescribed
costs are paid within the period specified in
30
the notice or late payment is accepted in
accordance with section 15; and
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(b) the additional steps are complied with as
required by the Act or regulations that create
the offence.
(3) An infringement penalty paid under this Part must
be applied in the same way as a fine paid under an
5
order of a court made on an offender being
convicted or found guilty of the offence to which
the infringement penalty relates.
33. Effect of expiation
(1) Subject to this Act and any other Act, if a person
10
has expiated an offence under section 32--
(a) no further proceedings may be taken against
the person on whom the notice was served in
respect of the offence; and
(b) no conviction is to be taken to have been
15
recorded against that person for the offence.
(2) The payment of an infringement penalty by a
person is not and must not be taken to be--
(a) an admission of guilt in relation to the
offence; or
20
(b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence, and the payment does
not in any way affect or prejudice any such
claim or proceeding.
25
(3) The payment of an infringement penalty must not
be referred to in any report provided to a court for
the purpose of determining sentence for any
offence.
30 Note: The fact that an infringement notice has been served
on a person for an act or omission under an Act may
be used in the conduct of an inquiry or the taking of
disciplinary action under that Act, if the Act so
permits.
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34. Demerit point schemes
Despite anything to the contrary in this Division,
the expiation of an infringement offence under
this Division in relation to an offence which is--
(a) a traffic infringement within the meaning of
5
the Road Safety Act 1986 does not prevent
the incurring of demerit points under
section 25 of that Act in relation to the
infringement offence; and
(b) a transport infringement in relation to a tow-
10
truck under the Transport Act 1983 does
not prevent the incurring of demerit points
under section 181B of the Transport Act
1983 in relation to the infringement offence.
35. Agreeing to pay by instalments has same effect as a
15
full payment
(1) This section applies in respect of an infringement
offence that would result in a person incurring
demerit points under the Road Safety Act 1986 or
any other Act or regulations in respect of which a
20
demerit system applies if the person were
convicted of the offence.
(2) For the purposes of the Road Safety Act 1986 or
any other Act or regulations in respect of which a
demerit system applies, a person is to be taken as
25
paying the infringement penalty in respect of the
offence--
(a) on making a part payment; and
(b) in the case of a person to whom a payment
plan applies, on making the first payment in
30
accordance with the payment plan, or where
a subsequent infringement penalty is added
to a payment plan, on the making of the next
payment following that addition,
irrespective, in either case, of whether the
35
payment related to that penalty.
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Division 6--Cancellation of Certain Infringement Notices
36. Application of Division
This Division does not apply to an infringement
notice to which any of the following provisions
apply--
5
(a) section 67 or 89B of the Road Safety Act
1986;
(b) section 87A of the Melbourne City Link
Act 1995;
(c) section 215D of the Transport Act 1983;
10
(d) section 61B of the Marine Act 1988.
37. Cancellation of infringement notice if person not
aware
(1) A person may apply to an infringements registrar
to have an infringement notice in respect of a
15
lodgeable infringement offence cancelled if--
(a) the service of the infringement notice was
not by personal service on the person; and
(b) the person was not in fact aware that an
infringement notice had been served on the
20
person.
(2) An application under sub-section (1) must--
(a) be made within 14 days of the applicant
becoming aware of the infringement notice;
and
25
(b) be accompanied by a written statement
setting out the grounds on which the
cancellation is sought.
Note: It is an offence to give false or misleading
30 information in a statement required by or under
this Act. See section 167.
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(3) If an application is made under sub-section (1),
the infringements registrar must--
(a) stay the operation of the infringement notice;
and
(b) refer the application to the Court for hearing
5
and determination.
(4) On the referral to the Court under sub-section (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
10
applicant.
38. Powers of Court to cancel
(1) On the referral of an application under section 37
to the Court, any of the procedures set out in this
Act that are being used for the enforcement of the
15
infringement penalty are, by force of this sub-
section, suspended pending the determination of
the application.
(2) The Court may only cancel an infringement notice
in respect of a lodgeable infringement offence if it
20
is satisfied that, more than 14 days before making
an application under sub-section (1), the person
was not in fact aware that the infringement notice
had been served.
(3) If the Court cancels an infringement notice under
25
this section--
(a) any infringement penalty and prescribed
costs that have been paid in relation to the
notice must be refunded and the
Consolidated Fund or any other fund
30
specified by the relevant Act or relevant
regulation is, to the necessary extent,
appropriated accordingly; and
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(b) any of the procedures set out in this Act 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
5
(c) any enforcement order in relation to the
infringement penalty and prescribed costs
(if any) is revoked; and
(d) any infringement warrant issued in relation
to the fine is cancelled.
10
(4) The cancellation of an infringement notice in
respect of a lodgeable infringement offence under
this section does not prevent the service of a new
infringement notice in respect of the offence for
which the cancelled infringement notice was
15
served.
Division 7--Going to Court--Pre-lodgement Stage
39. Penalty to be refunded if election to go to Court is
made
If a person elects under this Part to have the
20
matter of an infringement offence heard and
determined in Court or an enforcement agency
refers a matter to Court under this Part, the
amount of any infringement penalty paid by the
person must be refunded and--
25
(a) if the penalty had been paid into the
Consolidated Fund, the Consolidated Fund
is, to the necessary extent, appropriated
accordingly; or
(b) if the penalty had been paid into another
30
fund or account, the penalty is to be refunded
from that fund or account.
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40. Decision to go to Court--lodgeable infringement
offences
(1) If a person elects under this Part to have the
matter of a lodgeable infringement offence heard
and determined in Court or an enforcement
5
agency refers a matter in respect of a lodgeable
infringement offence to Court under this Part--
(a) the enforcement agency must lodge with the
Court the prescribed information in respect
of--
10
(i) the offender; and
(ii) the infringement offence; and
(iii) the enforcement agency; and
(b) the prescribed information lodged under
paragraph (a) is deemed to be a charge in
15
relation to the offence in respect of which the
infringement notice was served; and
(c) the Court must--
(i) allocate a time and place of the hearing
of the offence; and
20
(ii) return the hearing details referred to in
sub-paragraph (i) to the enforcement
agency for service on the person who
was served with the infringement
notice; and
25
(d) at least 14 days prior to the hearing date, the
enforcement agency must serve the details
referred to in paragraphs (a) and (c)(i) on the
person who was served with the
infringement notice.
30
(2) Service under sub-section (1)(d) may be by post to
the person who was served with the infringement
notice at the address--
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(a) provided by the person on whom the
infringement notice was served; or
(b) on the infringement notice; or
(c) on the penalty reminder notice.
5 Note: The Magistrates' Court Act 1989 applies to
infringement offences that are not lodgeable
infringement offences.
(3) Without limiting any other powers of the Court,
the Court may proceed to hear and determine the
matter of a lodgeable infringement offence even
10
though a charge has not been served on the person
who was served with the infringement notice.
Note: See also section 41 of, and clause 7 of Schedule 2 to,
the Magistrates' Court Act 1989.
41. Avoiding service
15
If, but for this section, the hearing of a lodgeable
infringement offence by the Court may not
proceed only because--
(a) the defendant was not served with a notice of
the time and place of the hearing; and
20
(b) the Court is not satisfied that--
(i) the defendant had knowledge of the
time and place of the hearing; or
(ii) if the Court is satisfied that the
defendant had that knowledge, the
25
defendant would not be prejudiced by
the non-service--
the hearing of the offence may proceed if the
Court is satisfied that the defendant--
(c) is avoiding service of the notice; or
30
(d) cannot be found after reasonable search and
inquiry.
__________________
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Part 3--Payment Plans
s. 42
PART 3--PAYMENT PLANS
Division 1--Establishment of the Central Payment Plan
Facility
42. Central payment plan facility
The Secretary has the function of establishing and
5
maintaining a central payment plan facility.
43. Functions of Secretary under this Part
The functions of the Secretary under this Part in
establishing and maintaining a central payment
plan facility are--
10
(a) to manage the payment of infringement
penalties and prescribed costs in respect of
infringement offences by payment plans for
natural persons referred to the Secretary
under this Part by an enforcement agency;
15
and
(b) to ensure that all infringement penalties and
prescribed costs in respect of infringement
offences owed by a person to whom a
payment plan applies which are referred by
20
an enforcement agency to the Secretary for
management by a payment plan, are
accommodated in one payment plan
managed by the Secretary; and
(c) to apply the payments received under a
25
payment plan in order of priority so that the
infringement penalties and prescribed costs
in relation to the oldest infringement notice
to which the penalties and costs under the
payment plan relate are paid out first.
30
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Infringements Act 2005
Act No.
Part 3--Payment Plans
s. 44
44. Powers of Secretary
(1) The Secretary has power to do anything that is
necessary or convenient to be done for or in
connection with carrying out the Secretary's
functions under this Part.
5
(2) Without limiting sub-section (1), the Secretary
may enter into arrangements or agreements with
any person or body, with appropriate skills and
experience, to act as the Secretary's agent in the
carrying out of any functions under this Part.
10
45. Delegation
The Secretary may delegate any powers or
functions under this Part other than this power of
delegation to--
(a) a person or class of persons employed under
15
Part 3 of the Public Administration Act
2004;
(b) a person or body with appropriate skills and
experience, to carry out the Secretary's
powers or functions.
20
Division 2--Payment Plans
46. Payment plans available in certain circumstances
(1) A natural person served with an infringement
notice may apply to an enforcement agency for a
payment plan to pay the infringement penalty and
25
any prescribed costs in respect of the infringement
offence to which the infringement notice relates.
(2) An application under sub-section (1) may be
made--
(a) in the case of a lodgeable infringement
30
offence, at any time before the infringement
penalty is lodged with an infringements
registrar under section 54; and
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Infringements Act 2005
Act No.
Part 3--Payment Plans
s. 47
(b) in the case of any other infringement
offence, at any time before the expiry of the
period for bringing a proceeding in relation
to the offence to which the infringement
notice relates.
5
(3) An enforcement agency must offer a payment plan
to a person who applies under sub-section (1) if
the person meets the eligibility criteria set out in
the guidelines.
(4) An enforcement agency may offer a payment plan
10
to a person who applies under sub-section (1) if
the enforcement agency decides, in its discretion,
that the person should be offered a payment plan.
(5) An enforcement agency may offer a payment
plan--
15
(a) by arrangement and management of a
payment plan for the person to whom it
applies by that agency; or
(b) by referring the infringement penalty and
prescribed costs in respect of any
20
infringement offence to the Secretary for
management by a payment plan.
47. Payment plans
(1) A payment plan may be arranged for a natural
person by an enforcement agency or the Secretary
25
for the payment of--
(a) one infringement penalty and prescribed
costs in respect of an infringement offence;
or
(b) 2 or more infringement penalties and
30
prescribed costs in respect of a number of
infringement offences.
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Act No.
Part 3--Payment Plans
s. 48
(2) A payment plan may provide for the payment of
an infringement penalty and prescribed costs--
(a) by instalments; or
(b) by an extension of time to pay; or
(c) by both instalments and an extension of time
5
to pay.
(3) A payment plan may comprise infringement
penalties and prescribed costs in relation to both
lodgeable infringement offences and other
infringement offences.
10
48. When does payment plan commence?
(1) A payment plan commences when the
enforcement agency or the Secretary (as the case
requires) receives the first payment under the plan
from the person to whom the proposed payment
15
plan applies.
(2) If a payment is not received in accordance with
sub-section (1) within the time specified in the
proposed payment plan, that plan is cancelled and
is of no effect.
20
49. Payment plans--additions, removals and
cancellations
(1) A person to whom a payment plan applies may
request the addition of any infringement penalty
and prescribed costs in respect of an infringement
25
offence to that person's payment plan.
(2) A person to whom a payment plan applies may
request--
(a) the removal of an infringement penalty and
prescribed costs in respect of an
30
infringement offence from that person's
payment plan; or
(b) the cancellation of the payment plan.
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Infringements Act 2005
Act No.
Part 3--Payment Plans
s. 49
(3) If an enforcement agency withdraws an
infringement notice under this Act or the Act or
regulations which establishes the offence in
respect of which the infringement notice was
served, the agency must request the Secretary to
5
remove the infringement penalty and any
prescribed costs in respect of the infringement
offence in relation to the withdrawn infringement
notice from a person's payment plan.
(4) If an infringement penalty and prescribed costs are
10
removed from a payment plan in accordance with
a request of a person under sub-section (2)(a) or
an enforcement agency under sub-section (3), or a
payment plan is cancelled in accordance with sub-
section (2)(b), any money paid in respect of that
15
infringement penalty and prescribed costs is--
(a) to be allocated to the payment of the oldest
infringement notice to which the
infringement penalty and prescribed costs
relate then remaining in the payment plan; or
20
(b) subject to sub-section (5), if the removal or
cancellation results in the completion of the
payment plan and there is an overpayment,
the person is entitled to a refund of any
overpayment of money paid and--
25
(i) if the amount has been paid into the
Consolidated Fund, the Consolidated
Fund is, to the necessary extent,
appropriated accordingly; or
(ii) if the amount has been paid into
30
another fund or account, the amount is
to be refunded from that fund or
account.
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Act No.
Part 3--Payment Plans
s. 50
(5) A person is not entitled to a refund under sub-
section (4)(b) if at the time the infringement
penalty and prescribed costs are removed from the
payment plan or the payment plan is cancelled--
(a) that person has already paid in full the
5
amount due for the infringement penalty and
prescribed costs; and
(b) the infringement offence to which the
infringement notice related has been expiated
by that payment.
10
50. Allocation of money received under payment plan
(1) An enforcement agency or the Secretary (as the
case requires) must allocate money received under
a payment plan in order of priority based on the
date each infringement notice was issued in
15
respect of the infringement penalty and any
prescribed costs under the payment plan, with the
infringement penalty and any prescribed costs
under the oldest notice being paid out first.
(2) The order of priority to be applied when payments
20
under a payment plan are allocated applies--
(a) to all payment plans managed by the
Secretary or by an enforcement agency; and
(b) in the case of payment plans managed by the
Secretary, regardless of the origin of the
25
infringement penalty and any prescribed
costs under the payment plan.
(3) If a person to whom a payment plan applies makes
an overpayment by continuing payments after the
payment plan is completed, the Secretary or an
30
enforcement agency (as the case requires) must
advise the person to whom the plan applies of the
overpayment and may--
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Infringements Act 2005
Act No.
Part 3--Payment Plans
s. 51
(a) if the person has other outstanding
infringement penalties and any prescribed
costs in respect of an infringement offence or
outstanding enforcement orders in respect of
a lodgeable infringement offence, offer to
5
apply the amount of the overpayment to
those outstanding infringement penalties and
prescribed costs or any outstanding
enforcement orders (as the case requires) if
the person--
10
(i) consents to the amount being so
applied; and
(ii) directs the agency or Secretary to do so;
or
(b) refund the amount of the overpayment to the
15
person and--
(i) if the amount had been paid into the
Consolidated Fund, the Consolidated
Fund is, to the necessary extent,
appropriated accordingly; or
20
(ii) if the amount had been paid into
another fund or account, the amount is
to be refunded from that fund or
account.
51. Provision of current contact details
25
(1) If an infringement penalty and prescribed costs in
respect of an infringement offence are referred to
the Secretary for management by a payment plan,
the enforcement agency must provide the
Secretary with the most up-to-date contact details
30
of the person to whom the payment plan applies.
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Infringements Act 2005
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Part 3--Payment Plans
s. 52
(2) It is sufficient compliance with sub-section (1) if,
on deciding to refer management of the
infringement penalty and prescribed costs by
payment plan to the Secretary, an enforcement
agency--
5
(a) requests the person to whom the payment
plan applies to confirm the details of any
address that the enforcement agency has in
the agency's records for that person; and
(b) supplies the address confirmed in accordance
10
with paragraph (a) to the Secretary when the
agency makes a referral under sub-
section (1).
(3) This section applies despite anything to the
contrary in any Act or regulations under which the
15
enforcement agency is established or operates.
(4) The Secretary must notify an enforcement agency
which referred an infringement penalty and
prescribed costs to the Secretary for management
by a payment plan in respect of a person of the
20
last known address of the person to whom the
payment plan applies if that person--
(a) defaults in payment of the plan; or
(b) requests the removal of an infringement
penalty and prescribed costs from a payment
25
plan under section 49(2)(a); or
(c) requests the cancellation of a payment plan
under section 49(2)(b).
52. Defaulting on a payment plan
(1) A person defaults in the payment of a payment
30
plan if an enforcement agency or the Secretary
(as the case requires) does not receive a payment
in accordance with that plan within 14 days or a
longer prescribed period (if any) after the due date
of the payment.
35
41
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Infringements Act 2005
Act No.
Part 3--Payment Plans
s. 53
(2) If an enforcement agency or the Secretary does
not receive a payment within the time specified in
sub-section (1), the agency or Secretary (as the
case requires) must send a written notice to the
person to whom the payment plan applies advising
5
that person of the default.
53. Payment plans may extend period for bringing
proceedings for offence
(1) If a payment plan applies to a person, the period
during which proceedings must be commenced for
10
an infringement offence is extended as follows--
(a) if the person to whom the payment plan
applies defaults on a payment in respect of
an infringement offence other than a
lodgeable infringement offence, by 6 months
15
after the date on which a person has
defaulted under the payment plan;
(b) if a person to whom a payment plan applies
removes an infringement penalty and
prescribed costs in respect of an
20
infringement offence other than a lodgeable
infringement offence from the plan, by
6 months after the date on which the person
has removed that infringement penalty and
prescribed costs from the payment plan;
25
(c) if a person to whom a payment plan applies
cancels the payment plan in respect of an
infringement offence other than a lodgeable
infringement offence, by 6 months after the
date on which the person cancels the
30
payment plan.
Note: See section 55 for extended period for lodging
lodgeable infringement offences.
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Act No.
Part 3--Payment Plans
s. 53
(2) Sub-section (1) has effect despite section 26(4) of
the Magistrates' Court 1989 or any other
provision of any Act or regulations providing for
the period during which proceedings must be
commenced for an offence alleged to have been
5
committed.
__________________
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Infringements Act 2005
Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 54
PART 4--LODGING INFRINGEMENT PENALTIES AND
ENFORCEMENT ORDERS
Division 1--Lodgement
54. Lodgement of infringement penalty with
infringements registrar
5
(1) An enforcement agency may lodge details of any
outstanding amount of an infringement penalty in
respect of a lodgeable infringement offence
together with the prescribed costs (if any) with an
infringements registrar if--
10
(a) the infringement penalty is not less than the
prescribed minimum infringement penalty
amount; and
(b) the criteria set out in sub-section (2) are
satisfied.
15
(2) For the purposes of sub-section (1)(b), the criteria
are--
(a) a penalty reminder notice has been served on
a person; and
(b) at least 28 days has passed since the penalty
20
reminder notice was served; and
(c) full payment of the infringement penalty and
any prescribed costs have not been received
by the enforcement agency; and
(d) the enforcement agency has not--
25
(i) filed a charge in respect of the offence
alleged to have been committed; or
(ii) referred the matter to the Court under
section 17; and
44
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 54
(e) if the infringement notice was served under
section 87 of the Road Safety Act 1986, the
person was, at the time of the infringement
offence--
(i) the owner of the vehicle within the
5
meaning of Part 7 of that Act; or
(ii) the person in charge of the vehicle as
shown in a statement or declaration
supplied in accordance with section
86(3)(a), (aab) or (ab) of that Act; and
10
(f) if the infringement notice was issued in
respect of an offence to which section 66 of
the Road Safety Act 1986 applies, the
person was at the time of the infringement
offence--
15
(i) the owner of the motor vehicle within
the meaning of section 66 of that Act;
or
(ii) the driver of the motor vehicle as
shown in a statement or declaration
20
supplied in accordance with section
66(3)(a), (aab) or (ab) of that Act; and
(g) if the infringement notice was issued in
respect of an offence against section 73(1) of
the Melbourne City Link Act 1995, the
25
person was at the time of the infringement
offence--
(i) the owner of the vehicle within the
meaning of Part 4 of that Act; or
(ii) the driver of the vehicle as shown in
30
accordance with section 87(3)(a), (aab)
or (ab) of that Act; and
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 55
(h) if the infringement notice was issued in
respect of an offence under section 204 of
the Mitcham-Frankston Project Act 2004,
the person was at the time of the trip to
which the infringement offence relates--
5
(i) the owner of the vehicle within the
meaning of that Act; or
(ii) the driver of the vehicle as shown in a
statement supplied under section 199
or 219 of that Act.
10
55. Extended period for lodgement
Details of an infringement penalty and prescribed
costs in respect of a lodgeable infringement
offence must be lodged--
(a) no more than 6 months after the date of the
15
offence alleged to have been committed; or
(b) if a person to whom a payment plan applies
defaults on a payment, no more than
6 months after the date on which the person
has defaulted under the payment plan; or
20
(c) if a person to whom a payment plan applies
removes an infringement penalty and
prescribed costs in respect of a lodgeable
infringement offence from the plan, no more
than 6 months after the date on which the
25
person has removed that infringement
penalty and prescribed costs from the
payment plan; or
(d) if a person to whom a payment plan applies
cancels the payment plan, no more than
30
6 months after the date on which the person
cancels the payment plan; or
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Infringements Act 2005
Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 56
(e) if an enforcement order is revoked under
section 66(4)(b), no more than 6 months
after the date of revocation of that order; or
(f) if an infringement notice is cancelled under
this Act or any other Act or regulations and a
5
new infringement notice is issued or served
in accordance with section 38(4) or any
corresponding provision of another Act or
regulations, no more than 6 months after the
date of cancellation of the cancelled
10
infringement notice; or
(g) if an infringement notice is reviewed under
Division 3 of Part 2, no more than 6 months
after the date of service of the advice of the
outcome on the applicant under section
15
24(3); or
(h) if a person has nominated another driver for
an offence committed under the Road Safety
Act 1986, the Melbourne City Link Act
1995 or the Mitcham-Frankston Project
20
Act 2004, no more than 6 months after the
date of service of the infringement notice on
the nominated driver.
56. Extension of period for bringing prosecution for
summary offences
25
Section 55 has effect despite section 26(4) of the
Magistrates' Court 1989 or any other provision
of any Act or regulations providing for the period
during which proceedings must be commenced for
an offence alleged to have been committed.
30
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 57
57. Reliance on lodged material
An infringements registrar is entitled--
(a) to rely on the accuracy of the material
provided by an enforcement agency when
the details of an infringement penalty and
5
prescribed costs (if any) in respect of a
lodgeable infringement offence are lodged
under section 54; and
(b) to assume that the details are true and
correct.
10
58. Agency may request enforcement order not be made
At any time before an enforcement order is made,
an enforcement agency may request an
infringements registrar not to make an
enforcement order in respect of details of any
15
outstanding amount of an infringement penalty
and prescribed costs (if any) in respect of a
lodgeable infringement offence lodged under
section 54.
Division 2--Enforcement Orders
20
59. Enforcement orders
(1) If an infringements registrar has not received a
request under section 58 from an enforcement
agency, the infringements registrar may make an
enforcement order that the person pay to the Court
25
the outstanding amount of the infringement
penalty and the prescribed costs in respect of a
lodgeable infringement offence.
(2) An enforcement order is deemed to be an order of
the Court.
30
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 60
60. Enforcement order notice
(1) On the making of an enforcement order, an
infringements registrar must cause an enforcement
order notice to be sent to the person against whom
the order is made.
5
Note: See Part 13 for service requirements.
(2) An infringements registrar may send an
enforcement order notice to--
(a) the person's address; or
(b) any alternative address for the person as
10
provided in the details lodged under
section 54.
(3) An enforcement order notice must be in writing
and state--
(a) that an infringement warrant will be issued if
15
the person against whom the enforcement
order is made defaults for a period of more
than 28 days in the payment of the fine or, in
the case of a natural person, any instalment
under a payment order; and
20
(b) a summary of any other enforcement action
which may be taken under this Act; and
(c) a summary of the options available to the
person under this Act; and
(d) any other prescribed details.
25
(4) An enforcement order notice may include a
statement of any outstanding enforcement orders
in relation to the person, but failure to include
such a statement does not invalidate the
enforcement order notice.
30
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 61
61. Effect of enforcement order
(1) If an enforcement order is made in relation to a
lodgeable infringement offence alleged to have
been committed by a person--
(a) subject to sections 89 and 89A to 89D of the
5
Road Safety Act 1986, section 215C of the
Transport Act 1983 or sections 61A and
61BA of the Marine Act 1988 (as the case
requires), the person is not to be taken to
have been convicted of the offence; and
10
(b) the person is not liable to any further
proceedings for the offence alleged to have
been committed; and
(c) the making of the enforcement order does
not in any way affect or prejudice any civil
15
claim, action or proceeding arising out of the
same occurrence; and
(d) payment in accordance with the enforcement
order is not an admission of liability for the
purpose of, and does not in any way affect or
20
prejudice, any civil claim, action or
proceeding arising out of the same
occurrence.
(2) Any amount recovered as a result of the making of
an enforcement order must be paid into the
25
Consolidated Fund unless the relevant Act or
relevant regulation that creates the infringement
offence directs that the amount be paid into
another fund.
(3) Despite anything to the contrary in this section,
30
the making of an enforcement order in relation to
an offence which is a traffic infringement within
the meaning of the Road Safety Act 1986 does
not prevent the incurring of demerit points under
section 25 of that Act in relation to the
35
infringement.
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 62
(4) Despite anything to the contrary in this section,
the making of an enforcement order--
(a) may be recorded for the purposes of a heavy
vehicle registration suspension scheme
within the meaning of section 89(7) of the
5
Road Safety Act 1986; and
(b) does not prevent the suspension of the
registration of a vehicle under that scheme.
62. Expiry of enforcement orders
(1) An enforcement order expires--
10
(a) if a payment order is made in relation to the
enforcement order or 2 or more enforcement
orders as the case may be--
(i) on the payment in full of the fine or
fines (as the case may be); or
15
(ii) if one or more payments are made
under the payment order but the fine or
fines (as the case may be) are not paid
in full, 5 years after the receipt of the
last payment; or
20
(iii) in any other case, 5 years after the
making of the payment order;
(b) if an infringement warrant has been issued in
respect of the enforcement order, on that
warrant becoming void under Part 6;
25
(c) if an application is made to an infringements
registrar under section 68(1) for revocation
of the enforcement order, 5 years after the
application is made;
(d) if a declaration has been made under
30
section 91, 5 years after the declaration is
made;
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 63
(e) if a person applies for an extension of time to
deal with an infringement notice under
section 87A of the Melbourne City Link
Act 1995 or section 67 or 89B of the Road
Safety Act 1986, 5 years after the date that
5
the application was made;
(f) in any other case, 5 years after the
enforcement order was made.
(2) If both sub-sections (1)(a) and (1)(b) apply, the
enforcement order expires on the infringement
10
warrant becoming void under Part 6.
(3) If an enforcement order expires as a result of this
section, any amount still outstanding in respect of
the fine for which the enforcement order was
made ceases to be enforceable or recoverable.
15
(4) This section does not apply to an enforcement
order in respect of which a warrant has been
issued under the Service and Execution of Process
Act 1992 of the Commonwealth.
63. Reinstatement after enforcement order has expired
20
(1) An infringements registrar may reinstate an
enforcement order that has expired--
(a) on the infringements registrar's own motion;
or
(b) on the application of the enforcement
25
agency.
(2) Despite section 62(3), if an enforcement order is
reinstated, the fine in respect of which it was
made becomes enforceable or recoverable as if
there had been no expiry.
30
(3) Section 62(1) does not apply to a re-instated
enforcement order.
(4) A reinstated enforcement order expires 5 years
after it was reinstated.
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 64
Division 3--Revocation of Enforcement Orders
64. Infringements registrar may revoke enforcement
order and refer matter to Court
(1) Subject to sub-section (4), an infringements
registrar, if satisfied that a matter would be more
5
appropriately dealt with by the Court may, on his
or her own motion--
(a) revoke an enforcement order; and
(b) refer the matter of the infringement offence
to the Court for hearing and determination.
10
(2) If an infringements registrar revokes an
enforcement order under this section, he or she
must notify the enforcement agency and the
person against whom the enforcement order was
made--
15
(a) that the enforcement order has been revoked;
and
(b) that the matter of the infringement offence
has been referred to the Court for hearing
and determination.
20
(3) A notification under sub-section (2) must include
the reasons why the enforcement order was
revoked.
(4) An infringements registrar must not make an order
under this section if any of the following has
25
occurred--
(a) property has been seized under an
infringement warrant other than a seizure of
a kind referred to in section 89;
(b) a declaration under section 91 has been
30
made;
(c) a notice under section 101(2) has been
served on a person;
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Act No.
Part 4--Lodging Infringement Penalties and Enforcement Orders
s. 65
(d) an attachment of earnings order or an
attachment of debts order has been made;
(e) an order under section 136 that land is
subject to a charge has been made;
(f) a person is arrested in accordance with
5
Part 12.
65. Applications for revocation of enforcement orders
(1) Subject to sub-section (2), the following persons
may apply to an infringements registrar at the
venue of the Court at which an enforcement order
10
was made for the revocation of the enforcement
order--
(a) an enforcement agency; or
(b) a person against whom an enforcement order
has been made; or
15
(c) without limiting paragraph (b), in the case of
a person against whom an enforcement order
has been made to whom special
circumstances apply, a person acting on his
or her behalf.
20
(2) An application under sub-section (1) cannot be
made if--
(a) property has been seized under an
infringement warrant other than a seizure of
a kind referred to in section 89;
25
(b) a declaration under section 91 has been
made;
(c) a notice under section 101(2) has been
served on a person;
(d) an attachment of earnings order or an
30
attachment of debts order has been made;
(e) an order under section 136 that land is
subject to a charge has been made;
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(f) a person is arrested in accordance with
Part 12.
(3) An application under sub-section (1) must--
(a) be filed with an infringements registrar; and
(b) if filed by the person against whom the
5
enforcement order has been made or a person
acting on that person's behalf in accordance
with sub-section (1)(c), be accompanied by a
written statement setting out the grounds on
which the revocation is sought.
10
Note: It is an offence to give false or misleading
information in a statement required by or under
this Act. See section 167.
66. Powers to revoke enforcement orders
(1) If an enforcement agency applies under section 65
15
for the revocation of an enforcement order--
(a) an infringements registrar must revoke the
enforcement order; and
(b) the enforcement order ceases to have effect
on its revocation.
20
(2) If a person against whom an enforcement order
has been made or a person acting on that person's
behalf in accordance with section 65(1)(c) applies
under section 65 for revocation of the enforcement
order and an infringements registrar is satisfied
25
that there are sufficient grounds for revocation--
(a) the infringements registrar must revoke the
enforcement order; and
(b) an enforcement order ceases to have effect
on its revocation.
30
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(3) On an application referred to in sub-section (2), if
an infringements registrar is not satisfied that
there are sufficient grounds for revocation of an
enforcement order, the infringements registrar
must notify the applicant that the enforcement
5
order has not been revoked because of insufficient
grounds to justify its revocation.
(4) An infringements registrar may--
(a) adjourn an application for revocation of an
enforcement order; or
10
(b) if the infringement offence involves a motor
vehicle and the infringements registrar is
satisfied that the applicant was not the driver
of the vehicle at the time of the offence and
the applicant has nominated another driver--
15
(i) revoke the enforcement order; and
(ii) cancel the infringement notice.
(5) If an infringements registrar revokes an
enforcement order under this section, the
infringements registrar must notify the
20
enforcement agency, the person against whom the
order was made and if an application was made
under section 65(1)(c), the person who applied on
behalf of the person against whom the
enforcement order was made that--
25
(a) the enforcement order has been revoked; and
(b) the matter of the infringement offence has
been referred to the Court for hearing and
determination.
(6) An infringements registrar must not revoke an
30
enforcement order under this section if a previous
application has been made for the revocation of
the enforcement order.
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67. Powers to vary costs or fees
(1) On considering an application under section
65(1)(b), an infringements registrar, if satisfied
that there are not sufficient grounds to revoke the
enforcement order but that there are sufficient
5
grounds to vary the prescribed costs or vary the
prescribed fees on any infringement warrant, the
infringements registrar must vary the costs or the
fees, as the case requires.
(2) If an infringements registrar varies costs or fees
10
under sub-section (1), he or she must notify the
applicant that the amount of the infringement
penalty together with costs or fees (as the case
requires) as varied must be paid within 28 days
after the date of the notice.
15
(3) This section does not apply to an application made
under section 65(1) by a person to whom special
circumstances apply or a person acting on that
person's behalf in accordance with section
65(1)(c).
20
68. Referral to Court of application for revocation
(1) A person who receives a notice under section
66(3) or 67(2) may apply to an infringements
registrar to have the application for revocation of
an enforcement order referred to the Court.
25
(2) If an infringements registrar receives an
application under sub-section (1)--
(a) within 28 days after the date of the notice,
the infringements registrar must refer the
matter to the Court;
30
(b) more than 28 days and less than 3 months
after the date of the notice, the infringements
registrar may refer the matter to the Court.
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(3) An application under sub-section (1) cannot be
made more than 3 months after the date of the
notice under section 66(3) or 67(2) (as the case
requires).
69. Enforcement agency may request non-prosecution
5
of offence
(1) An enforcement agency may request an
infringements registrar not to refer a matter to the
Court under this Part by written notice filed with
an infringements registrar within 21 days after
10
service of a notice referred to in section 64(2) or
66(5) as the case requires.
(2) If an enforcement agency files a notice under sub-
section (1), the infringements registrar must--
(a) if the enforcement order has not been
15
revoked--
(i) revoke the enforcement order and, on
its revocation, the enforcement order
ceases to have effect; and
(ii) not refer the matter to the Court; or
20
(b) if the enforcement order has been revoked,
not refer the matter to the Court.
(3) An infringements registrar must notify the person
against whom the enforcement order had been
made--
25
(a) of the revocation of the enforcement order, if
it was revoked under sub-section (2)(a)(i);
and
(b) that the matter will not be referred to the
Court.
30
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Division 4--Going to Court under this Part
70. Fine to be refunded if matter referred to Court
If a matter is referred to Court under this Part or
an order is made under section 72(1), the amount
of any fine paid by the person must be refunded
5
and--
(a) if the amount of the fine had been paid into
the Consolidated Fund, the Consolidated
Fund is, to the necessary extent, appropriated
accordingly; or
10
(b) if the amount of the fine had been paid into
another fund or account, the fine is to be
refunded from that fund or account.
71. Decision to go to Court
(1) If a matter is referred to Court under this Part or
15
an order is made under section 72(1)--
(a) unless a request has been received from an
enforcement agency under section 69, an
infringements registrar must lodge with the
Court the prescribed information in respect
20
of--
(i) the offender; and
(ii) the infringement offence; and
(iii) the enforcement agency; and
(b) the prescribed information lodged under
25
paragraph (a) is deemed to be a charge in
relation to the offence that was lodged with
the infringements registrar under section 54;
and
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(c) the Court must--
(i) allocate a time and place of the hearing
of the offence; and
(ii) at least 14 days prior to the hearing
date, cause the hearing details referred
5
to in sub-paragraph (i) and the
prescribed information lodged under
paragraph (a) to be served on the
enforcement agency and the person
who was served with the enforcement
10
order notice.
(2) Without limiting any other powers of the Court,
the Court may proceed to hear and determine the
matter of a lodgeable infringement offence even
though a charge has not been served on the person
15
who was served with the infringement notice.
Note: See also section 41 of, and clause 7 of Schedule 2 to,
the Magistrates' Court Act 1989.
72. Hearing by the Court
(1) If a matter has been referred to the Court as a
20
result of the making of an application under
section 68(1), the Court may--
(a) revoke the enforcement order, which ceases
to have effect on that revocation; and
(b) proceed to hear and determine the matter of
25
the infringement offence.
(2) If the Court does not revoke an enforcement order
under sub-section (1), the Court must refer the
matter back to an infringements registrar for
enforcement in accordance with this Act.
30
Note: See also section 41 of, and clause 7 of Schedule 2 to,
the Magistrates' Court Act 1989.
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73. Avoiding service
If, but for this section, the hearing of a lodgeable
infringement offence in accordance with
section 71 may not proceed only because--
(a) the defendant was not served with a notice of
5
the time and place of the hearing; and
(b) the Court is not satisfied that--
(i) the defendant had knowledge of the
time and place of the hearing; or
(ii) if the Court is satisfied that the
10
defendant had that knowledge, the
defendant would not be prejudiced by
the non-service--
the hearing of the offence may proceed if the
Court is satisfied that the defendant--
15
(c) is avoiding service of the notice; or
(d) cannot be found after reasonable search and
inquiry.
74. Application for re-hearing
(1) If the Court determines a matter under section
20
72(2) against a person who did not appear at the
hearing, that person may apply to the Court for an
order that the determination under section 72(2)
be set aside and that the application be re-heard.
(2) On an application under this section, the Court
25
may set aside the determination under section
72(2) subject to any terms and conditions that it
thinks just and re-hear the matter.
(3) On the lodging of a notice under section 75, the
determination under section 72(2) is stayed until
30
the application for re-hearing has been heard.
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(4) If an applicant under this section fails to appear at
the time fixed for the hearing of the application
and the application is struck out, the applicant can
re-apply only if the applicant first obtains the
leave of the Court.
5
75. Notice of intention to apply for re-hearing
(1) A notice of intention to apply for a re-hearing
must--
(a) state why the person against whom the
determination under section 72(2) was made
10
did not appear at the hearing; and
(b) be lodged with the registrar at the venue of
the Court at which the determination under
section 72(2) was made and a copy of the
notice served on--
15
(i) the infringements registrar; and
(ii) the enforcement agency.
(2) The applicant must serve a copy of the notice of
intention at least 14 days before the date of the
re-hearing.
20
__________________
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PART 5--PAYMENT ORDERS
76. Applying for payment order
(1) Subject to sub-section (4), a natural person (other
than a director to whom a declaration under
section 91 applies) against whom an enforcement
5
order is made may apply to an infringements
registrar for a payment order.
(2) An application for a payment order may be
made--
(a) in person; or
10
(b) in writing; or
(c) in any other manner approved by an
infringements registrar.
(3) An application for a payment order must
provide--
15
(a) the name and current address of the
applicant; and
(b) a statement setting out the financial
circumstances of the applicant; and
(c) the reasons for making the application.
20
(4) An application under this section must not be
made if any of the following has occurred--
(a) property has been seized under an
infringement warrant other than a seizure of
a kind referred to in section 89;
25
(b) a notice under section 101(2) has been
served on a person;
(c) an attachment of earnings order or an
attachment of debts order has been made;
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(d) an order under section 136 that land is
subject to a charge has been made;
(e) a person is arrested in accordance with
Part 12.
77. Infringements registrar may make payment order
5
(1) On considering an application for a payment
order, an infringements registrar may do one or
more of the following--
(a) make an order allowing additional time for
the payment of the fine or the balance of the
10
fine;
(b) make an order directing payment of the fine
to be made by instalments;
(c) make an order directing payment of the fine
or instalments to be made at the time or
15
times specified by an infringements registrar;
(d) adjourn the application;
(e) approach relevant financial institutions to
establish the veracity of the financial
circumstances outlined by the applicant.
20
(2) A payment order may include any outstanding
costs that the sheriff has incurred in carrying out
any sanction under this Act.
(3) At any time after the issue of an infringement
warrant against a natural person (other than a
25
director to whom a declaration under section 91
applies), if an infringements registrar makes a
payment order in respect of the fine and recalls
and cancels the warrant, the infringements
registrar must include in the amount of the fine the
30
fee payable under section 81 in respect of the
cancelled warrant.
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(4) Despite anything to the contrary in this Act, an
infringements registrar may determine not to
include the fee referred to in sub-section (3) in the
amount of the fine if satisfied that there are
sufficient grounds for not including that fee.
5
(5) While a payment order is in force and is being
complied with--
(a) the enforcement order operates subject to it;
and
(b) the execution of the enforcement order is
10
stayed and--
(i) an infringements registrar may recall
any infringement warrant issued in
respect of the order; or
(ii) any infringement warrant issued in
15
respect of the order remains issued until
recalled but is not to be enforced.
(6) If an infringements registrar has granted an
application for a payment order and the
infringements registrar subsequently discovers
20
that the applicant supplied false or misleading
information in the application about the
applicant's financial circumstances, the
infringements registrar may--
(a) set aside the payment order; and
25
(b) issue an infringement warrant against the
person or release the stay on the execution of
the warrant imposed under sub-section
(5)(b), as the case requires.
78. Consequences of default under a payment order
30
(1) If an infringements registrar has made a payment
order and a person defaults under that payment
order for a period of more than 28 days, the
infringements registrar may issue another
infringement warrant against the person.
35
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(2) If an infringements registrar issues an
infringement warrant under sub-section (1),
another seven-day notice must be served on the
person before the infringement warrant can be
executed unless a seven-day notice in respect of
5
the fine to which the payment order applies has
been served on the person at any time in the
6 month period prior to the default of the person.
79. Allocation of money under payment order
(1) An infringements registrar must allocate money
10
received under a payment order in order of
priority based on the date of the making of an
enforcement order with the fine under the oldest
enforcement order being paid out first.
(2) The order of priority to be applied when payments
15
under a payment order are allocated applies--
(a) to all payment orders managed by an
infringements registrar; and
(b) regardless of the origin of the infringement
notices to which the payment order applies.
20
(3) If a person to whom a payment order applies
overpays the amount to which the payment order
applies by continuing payments after the payment
order is satisfied, an infringements registrar
may--
25
(a) refund the amount of the overpayment to the
person and--
(i) the Consolidated Fund is hereby
appropriated accordingly; or
(ii) if the amount had been paid into
30
another fund or account, the amount is
to be refunded from that fund or
account; or
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(b) if the person has other outstanding
enforcement orders that were not subject to
the payment order, apply the amount of
overpayment to those outstanding
enforcement orders if the person consents to
5
the amount being so applied.
__________________
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PART 6--INFRINGEMENT WARRANTS
80. Issue of infringement warrants
(1) An infringements registrar must issue an
infringement warrant against a person to whom an
enforcement order notice is sent (including a
5
director to whom a declaration under section 91
applies) if the person for a period of more than
28 days--
(a) defaults in the payment of the outstanding
amount of the fine; or
10
(b) in the case of a natural person other than a
director to whom a declaration under
section 91 applies, defaults in the payment of
a payment under a payment order.
(2) An infringements registrar who issues an
15
infringement warrant against a natural person,
including a director to whom a declaration under
section 91 applies, may endorse the warrant with a
direction that the person arrested must be released
on bail as specified in the endorsement.
20
(3) An endorsement under sub-section (2) must fix
the amounts in which the principal and the
sureties, if any, are to be bound and the amount of
any money or the value of any security to be
deposited.
25
81. Fees to be included
(1) On the issue of an infringement warrant, the
prescribed fee--
(a) is payable by the person against whom the
infringement warrant is issued; and
30
(b) may be included in the amounts named in the
infringement warrant.
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(2) Any fee prescribed under this Act in respect of the
execution of an infringement warrant forms part
of the lawful costs of execution of the warrant.
82. What does an infringement warrant authorise?
(1) An infringement warrant--
5
(a) authorises the person to whom it is directed
to break, enter and search any residential or
business property occupied by the person
named in the infringement warrant for any
personal property of that person;
10
(b) directs and authorises the person to whom it
is directed--
(i) to seize the personal property of the
person named in the infringement
warrant; and
15
(ii) if the amounts named in the
infringement warrant together with all
lawful costs of execution are not paid,
to sell the personal property seized;
(c) in the case of an infringement warrant issued
20
against a natural person, including a director
to whom a declaration under section 91
applies, if the person executing the
infringement warrant cannot find sufficient
personal property of the person named in the
25
infringement warrant on which to levy the
amounts named in the infringement warrant
together with all lawful costs of execution--
(i) authorises the person to whom it is
directed to break, enter and search for
30
that person in any place where the
person named in the infringement
warrant is suspected to be; and
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(ii) subject to any endorsement under
section 80(2), directs and authorises the
person to whom it is directed to arrest
the person named in the infringement
warrant and deal with that person in
5
accordance with--
(A) Division 1 of Part 12, if
appropriate; or
(B) Division 2 of Part 12, in any other
case.
10
(2) Nothing in this section requires a person to whom
an infringement warrant is directed--
(a) to break and enter a property for the purpose
of finding and seizing personal property;
(b) in the case of an infringement warrant issued
15
against a natural person, including a director
to whom a declaration under section 91
applies, to break and enter a property for the
purpose of finding and seizing personal
property before arresting the person named
20
in the infringement warrant.
(3) Despite sub-section (2)(b), a person to whom an
infringement warrant is directed must not arrest
the person named in the infringement warrant
unless the person executing the infringement
25
warrant reasonably believes that there is not
sufficient personal property of the person named
in the infringement warrant on which to levy the
amounts named in the infringement warrant
together with all lawful costs of execution.
30
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(4) On the imprisonment of a person for any reason, if
there are any unsatisfied infringement warrants
outstanding against the person, any person to
whom such a warrant is directed is not required, in
executing the infringement warrant, to serve any
5
notice or to search for, or seize, any personal
property of the imprisoned person.
83. Person arrested under infringement warrant may be
bailed
(1) The person to whom an infringement warrant
10
against a natural person (including a director to
whom a declaration under section 91 applies) is
directed must cause the person named or
described in the infringement warrant, when
arrested--
15
(a) to be brought before the Court within
48 hours of being arrested to be dealt with
according to law; or
(b) to be released on bail in accordance with the
endorsement on the infringement warrant.
20
(2) A person arrested on an infringement warrant
may be discharged from custody on bail under
section 10 of the Bail Act 1977.
84. Persons to whom infringement warrant may be
directed
25
(1) An infringement warrant, other than an
infringement warrant issued against a body
corporate, may be directed to--
(a) the sheriff; or
(b) a named police member; or
30
(c) generally all police members; or
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(d) the Commissioner within the meaning of the
Corrections Act 1986; or
(e) any other person authorised by law to
execute an infringement warrant.
(2) An infringement warrant issued against a body
5
corporate may be directed to the sheriff.
(3) An infringement warrant to be directed to the
sheriff may be issued, not in paper form, but by an
infringements registrar causing to be entered in
the computer system used by the Court--
10
(a) the type of infringement warrant and the
prescribed particulars; and
(b) his or her name and the date of issue of the
infringement warrant.
(4) An infringement warrant issued in accordance
15
with sub-section (3) must not be amended, altered
or varied after its issue, unless the amendment,
alteration or variation is authorised by or under
this Act or any other Act.
(5) An infringement warrant directed to the sheriff
20
may, if the sheriff so directs, be executed by--
(a) a named person who is a bailiff for the
purposes of the Supreme Court Act 1986;
or
(b) generally all persons who are bailiffs for the
25
purposes of the Supreme Court Act 1986;
or
(c) a named police member; or
(d) generally all police members; or
(e) in the case of an infringement warrant issued
30
against a natural person, including a director
to whom a declaration under section 91
applies, generally all prison officers.
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(6) A direction may be given by the sheriff under sub-
section (5) by--
(a) endorsing the execution copy of the
infringement warrant with the direction; or
(b) issuing an infringement warrant to the same
5
effect as the infringement warrant but
directed in accordance with sub-section (5).
(7) An infringement warrant endorsed or issued by
the sheriff in accordance with sub-section (6)
directs and authorises the person to whom it is
10
directed to do all things that he or she would have
been directed and authorised to do by the original
infringement warrant if it had been directed to him
or her.
(8) An infringement warrant directed to a named
15
police member may be executed by any police
member.
(9) An infringement warrant directed to a named
bailiff may be executed by any bailiff.
85. Unexecuted infringement warrants
20
A person authorised to execute an infringement
warrant issued against a natural person (including
a director to whom a declaration under section 91
applies) that is directed to the sheriff may also
execute against the same person any unexecuted
25
infringement warrant that is not directed to the
sheriff.
86. Consolidation of warrants in execution copy
If there are multiple infringement warrants
outstanding against a person, those warrants may
30
be consolidated by the sheriff into one execution
copy, with the details of each infringement
warrant attached by, or included in, a schedule to
the consolidated execution copy.
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87. Notice of seizure of property
(1) A person who executes an infringement warrant
may serve on--
(a) the person against whom the infringement
warrant is issued and whose personal
5
property is seized under the infringement
warrant; or
(b) a person who is in possession of any
personal property of the person against
whom the infringement warrant is issued that
10
is seized under the infringement warrant--
a notice in the form prescribed by the rules within
the meaning of the Magistrates' Court Act 1989
informing the person served with the notice--
(c) that the person is responsible for the safe-
15
keeping of the personal property seized
under the infringement warrant that is
described in the notice; and
(d) informing that person of the provisions of
sub-section (2).
20
(2) A person who knows that property has been
seized under an infringement warrant or is the
subject of a notice served under sub-section (1)
must not, except with the written consent of the
sheriff--
25
(a) interfere with or dispose of that property; or
(b) deface or remove any mark attached to that
property indicating that it had been so seized;
or
(c) remove that property from the place at which
30
it was situated when the notice was served.
Penalty: 25 penalty units or 6 months
imprisonment or both.
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(3) Nothing in sub-section (2) affects the powers of
the Court or of the Supreme Court in relation to
contempt.
88. Warning of execution of infringement warrant--
seven-day notice
5
(1) A person authorised to execute an infringement
warrant against a natural person (including a
director to whom a declaration under section 91
applies) must not take any step to execute the
infringement warrant unless--
10
(a) that person or any other person has served on
the person in respect of whom the
infringement warrant has been issued a
seven-day notice containing the prescribed
details; and
15
Note: See Part 13 for service requirements.
(b) if the person authorised to execute an
infringement warrant is the sheriff, that
person has made a demand on the person in
respect of whom the infringement warrant
20
has been issued.
(2) If a seven-day notice is served on a person other
than by the sheriff, a demand is not to be made at
the time of service of the seven-day notice.
(3) A seven-day notice must include a warning of all
25
the enforcement mechanisms available under this
Act if the person on whom the seven-day notice is
served does not, within 7 days of the seven-day
notice being served--
(a) pay the outstanding amount of the fine; or
30
(b) in the case of a natural person (other than a
director to whom a declaration under
section 91 applies)--
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(i) apply for a payment order; or
(ii) apply for the revocation of the
enforcement order.
89. What can be done during period of the seven-day
notice?
5
(1) Subject to sub-section (2), during a period of
7 days after delivery of a seven-day notice, a
person authorised to execute an infringement
warrant--
(a) may seize and take possession of the
10
personal property of the person in respect of
whom the infringement warrant was issued;
and
(b) must not remove that personal property from
the residential or business property in which
15
it is situated unless the person executing the
infringement warrant believes on reasonable
grounds that it is necessary to do so to avoid
it being disposed of or removed.
(2) Seizure and taking possession of personal
20
property under sub-section (1) must not occur
unless--
(a) a demand has been made under section
88(1)(b); or
(b) prior to the seizure and taking possession of
25
personal property under sub-section (1), a
demand for payment of the amount
outstanding is made.
(3) A person who executes an infringement warrant
by removing property during the period referred to
30
in sub-section (1) must--
(a) by written statement state the reason for so
doing; and
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(b) file a copy of the written statement with an
infringements registrar.
Note: It is an offence to give false or misleading
information in a statement required by or under
5 this Act. See section 167.
90. Executing infringement warrant after 7 day period
After the expiry of the period referred to in
section 89(1)--
(a) if a demand for payment of the amount
outstanding has not previously been made,
10
the demand must be made on the person in
respect of whom the infringement warrant
has been issued; and
(b) any step may be taken in execution of the
infringement warrant (including selling any
15
personal property seized during that period)
if the fine or any part of the fine remains
unpaid unless the person in respect of whom
the infringement warrant was issued has--
(i) applied for a payment order; or
20
(ii) obtained a payment order; or
(iii) applied for the revocation of an
enforcement order.
91. Enforcement against bodies corporate
(1) An infringements registrar--
25
(a) may declare that any person who was a
director of a body corporate at the time of the
commission of an offence by the body
corporate for which an infringement notice
was issued is jointly and severally liable for
30
the payment of the fine; and
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(b) may issue an infringement warrant against
that person if--
(i) the person executing an infringement
warrant issued against a body corporate
returns that he or she cannot find
5
sufficient personal property of the body
corporate on which to levy the amounts
named in the infringement warrant
together with all lawful costs of
execution; and
10
(ii) the infringements registrar receives
from a prescribed person a certificate
purporting to be given by that person
stating that it appears from a return or
returns lodged under the Corporations
15
Act that a person was a director of the
body corporate in default at the time of
the commission of the offence for
which the infringement notice was
issued.
20
(2) A certificate referred to in sub-section (1)(b)(ii)
may be provided to the infringements registrar
electronically.
(3) An infringements registrar must not make a
declaration under sub-section (1) in respect of, or
25
issue an infringement warrant against, a director
until the infringements registrar has given 28 days'
notice in writing by post to the director of the
infringements registrar's intention to make the
declaration and issue the infringement warrant.
30
(4) At the end of 28 days after the date of the notice
under sub-section (3), the infringements registrar
must make the declaration under sub-section (1) in
respect of, and issue an infringement warrant
against, the director unless--
35
(a) the amount then outstanding is paid; or
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(b) the director satisfies the infringements
registrar that--
(i) at the time of the commission of the
offence he or she had reasonable
grounds for believing and did believe
5
that the body corporate would be able
to meet any liabilities that it incurred at
that time; and
(ii) he or she had taken all reasonable steps
in carrying on the business of the body
10
corporate to ensure that it would be
able to meet its liabilities as and when
they became due; or
(c) the director applies to the infringements
registrar to have the matter referred to the
15
Court.
(5) If a director applies to an infringements registrar
under sub-section (4)(c) to have the matter
referred to the Court, the infringements registrar
must--
20
(a) refer the matter to the Court; and
(b) cause a notice of the time and place of
hearing to be given or sent to the director.
(6) If a director of a body corporate makes application
under sub-section (4)(c), no other director of that
25
body corporate may make an application in
relation to the same matter.
(7) On hearing a matter referred under sub-
section (5), the Court may--
(a) make the declaration that the infringements
30
registrar could have made under sub-
section (1) in respect of the director and
order an infringements registrar to issue an
infringement warrant against the director
unless--
35
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(i) the amount then outstanding is paid; or
(ii) the director satisfies the Court that--
(A) at the time of the commission of
the offence he or she had
reasonable grounds for believing
5
and did believe that the body
corporate would be able to meet
any liabilities that it incurred at
that time; and
(B) he or she had taken all reasonable
10
steps in carrying on the business
of the body corporate to ensure
that it would be able to meet its
liabilities as and when they
became due; or
15
(b) refer the matter back to an infringements
registrar for the making of a declaration in
respect of the director and the issuing of an
infringement warrant against the director.
(8) If under this section more than one person is
20
obliged to pay a fine, the obligation must be taken
to have been discharged if it is discharged by any
one of them.
(9) For the purposes of sub-section (8), "discharged"
includes the satisfaction of any obligation to
25
which an infringement warrant applies by any
director, including imprisonment of a director.
92. Reduction of imprisonment by payment of portion
of fine
(1) If, before the issue of an infringement warrant, it
30
appears to the person issuing the infringement
warrant that part of the fine has been paid, the
amounts named in the infringement warrant must
be reduced by the amount of the fine paid.
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(2) Sub-section (1) applies despite any provision
(except section 26) of the Imprisonment of
Fraudulent Debtors Act 1958 to the contrary.
(3) If after the issue but before the execution in
accordance with section 82(1)(c) of an
5
infringement warrant, part of the amounts named
in the infringement warrant is paid or levied on
personal property of the person named in the
infringement warrant, the person executing the
infringement warrant must--
10
(a) amend the execution copy of the
infringement warrant; and
(b) forward the amount paid or levied without
delay to an infringements registrar.
93. Rules etc. with respect to execution of infringement
15
warrant
(1) Subject to this Act and the Magistrates' Court
Act 1989--
(a) the rules, practice and procedure which apply
to or are adopted by the sheriff in the
20
execution of a warrant to seize property
issued by the Court in enforcement of an
order made by the Court in a civil
proceeding under the Magistrates' Court
Act 1989 for the payment of money apply
25
(with any necessary modifications) to the
execution of an infringement warrant in
accordance with section 82(1)(b); and
(b) subject to the power in the infringement
warrant referred to in section 82(1)(c)(i), the
30
interests of any persons in any property
seized under an infringement warrant must
be dealt with in the same manner as they
would be if the property had been seized
under a warrant to seize property issued by
35
the Court in enforcement of an order made
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by the Court in a civil proceeding for the
payment of money under the Magistrates'
Court Act 1989.
(2) Despite anything to the contrary in section 42 of
the Supreme Court Act 1986, the person
5
executing in accordance with section 82(1)(b) an
infringement warrant or infringement warrants in
respect of which the period referred to in section
89(1) has expired may, with the signed written
consent of the person against whom the
10
infringement warrant is or infringement warrants
are issued, seize or take in the execution of it or
them personal property--
(a) that is used by that person primarily as a
means of transport; and
15
(b) that could not, but for this sub-section, be
seized or taken because of section 42 of the
Supreme Court Act 1986.
(3) A consent given by a person under sub-section (2)
is only effective if--
20
(a) it is given after the delivery to the person by
a person authorised to execute the
infringement warrant or infringement
warrants of a written statement containing
the prescribed details and setting out the
25
effect of giving the consent; and
(b) a copy of the signed written consent has been
delivered to the person giving the consent.
(4) If personal property referred to in sub-section (2)
is seized or taken in execution of an infringement
30
warrant or infringement warrants in accordance
with that sub-section--
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(a) the proceeds of sale of the property must be
applied towards the amounts named in the
infringement warrant or infringement
warrants together with all lawful costs of
execution; and
5
(b) any amount remaining after those amounts
and costs have been paid--
(i) must be applied to satisfy any other
unexecuted infringement warrant issued
against that person irrespective of when
10
it was issued; and
(ii) any amount then remaining must be
paid to the person against whom the
infringement warrant was, or
infringement warrants were, issued.
15
94. Warrant void after 5 years
An infringement warrant is null and void if it has
not been executed within the period of 5 years
after the infringement warrant was first issued
against the person named in the infringement
20
warrant for the purpose specified in the
infringement warrant.
__________________
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s. 95
PART 7--DETENTION, IMMOBILISATION AND SALE OF
MOTOR VEHICLES
95. Application of Part
(1) This Part applies if an infringement warrant has
been issued against a registered operator of a
5
motor vehicle, whether or not a seven-day notice
has been served on that person.
(2) The sheriff or a police member may take action
under this Part in addition to any other action
under this Act.
10
96. Detention or immobilisation of motor vehicles
(1) If a police member intercepts a motor vehicle of a
registered operator against whom an infringement
warrant has been issued or the sheriff or a police
member finds parked or left standing such a motor
15
vehicle, the sheriff or police member may--
(a) detain or immobilise, whether by wheel
clamps or any other means, that motor
vehicle, whether attended or not; and
(b) if necessary, remove that motor vehicle to a
20
convenient place, including if appropriate a
place of impoundment.
(2) This section applies despite Part 6 and anything to
the contrary in an infringement warrant.
97. Powers to detain, immobilise and seize
25
(1) In order to detain, immobilise or seize a motor
vehicle under this Part, a police member or the
sheriff may--
(a) require the driver of the motor vehicle to
stop the motor vehicle and cause it to remain
30
stopped;
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(b) enter the motor vehicle, using reasonable
force if necessary, for the purpose of moving
the motor vehicle;
(c) direct the driver, or any person in possession
of the ignition or other keys to the motor
5
vehicle, to give the keys to a police member
or the sheriff;
(d) if, after having taken reasonable steps to
obtain the keys, the keys are not available,
cause any locking device or other feature of
10
the motor vehicle that is impeding the
exercise of the power to detain, immobilise
or seize the motor vehicle to be removed,
dismantled or neutralised, and start the motor
vehicle by other means;
15
(e) enter--
(i) any place that is occupied by the
registered operator of the motor vehicle
against whom an infringement warrant
has been issued, whether or not with the
20
consent of that person; or
(ii) any place other than a place referred to
in sub-paragraph (i) if the consent of
the owner or occupier of that place is
given to the police member or the
25
sheriff; or
(iii) any place which is a public place.
(2) Without limiting sub-section (1), a police member
or the sheriff may do anything else reasonably
necessary to detain, immobilise or seize a motor
30
vehicle under this Part.
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98. Powers to tow
If a motor vehicle is removed to a convenient
place in accordance with this Part, it must be
towed by a tow truck within the meaning of
Part VI of the Transport Act 1983 operating in
5
accordance with a licence granted under
Division 8 of that Part unless it is possible to
move that vehicle by a police member or the
sheriff driving the vehicle or directing another
person to drive the vehicle.
10
99. Notice to be provided on detention or
immobilisation
(1) If the sheriff or police member detains or
immobilises an unattended motor vehicle under
this Part, the sheriff or a police member (as the
15
case requires) must attach to the windscreen of the
motor vehicle a notice that states--
(a) that the motor vehicle has been detained or
immobilised because the registered operator
of the motor vehicle is a person against
20
whom an infringements warrant has been
issued; and
(b) the contact details of the sheriff.
(2) If the sheriff removes an unattended motor vehicle
to a convenient place under this Part, the sheriff
25
must--
(a) report the removal to a police member; and
(b) provide the police member with the
registration details for that motor vehicle,
whether those details are current or expired.
30
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100. Recovery of motor vehicle by registered operator
within prescribed period
(1) The sheriff, or a police member on the direction of
the sheriff, must release a detained or immobilised
motor vehicle to the registered operator of the
5
motor vehicle if any of the following occurs
before the expiry of the prescribed period--
(a) payment in full of--
(i) the amount outstanding under the
infringement warrant or enforcement
10
order; and
(ii) any costs incurred as the result of the
detention, immobilisation or
impoundment of the motor vehicle
under this Part;
15
(b) the person against whom an infringement
warrant has been issued becomes subject to a
payment order;
(c) an attachment of earnings order or an
attachment of debts order is made in relation
20
to the person against whom an infringement
warrant has been issued;
(d) an application for revocation of the
enforcement order is granted by an
infringements registrar or the Court;
25
(e) an application against a refusal to revoke an
enforcement order is granted;
(f) seizure of property under this Act sufficient
to satisfy the amount outstanding under the
infringement warrant or enforcement order;
30
(g) in the case of a natural person, including a
director to whom a declaration under
section 91 applies, the person is arrested
under this Act;
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(h) the infringement warrant issued against the
person has been recalled and cancelled by an
infringements registrar;
(i) the infringement warrant issued against the
person has expired;
5
(j) the sheriff, in his or her discretion, considers
that it is otherwise appropriate to release the
motor vehicle.
(2) On the release of a motor vehicle under sub-
section (1), the registered operator against whom
10
the infringement warrant was issued is liable for
any costs incurred as a result of the detention,
immobilisation or impoundment of the motor
vehicle under this Part.
101. Seizure and sale
15
(1) After the prescribed period, if an amount remains
outstanding under an infringement warrant issued
against the registered operator of a motor vehicle
detained or immobilised under this Part, the
sheriff may--
20
(a) seize the motor vehicle or an item left in or
on a motor vehicle; and
(b) subject to sub-sections (2) and (3), sell that
motor vehicle or item.
(2) At least 14 days before exercising a power of sale
25
under this section, the sheriff must serve a notice
on the registered operator of the motor vehicle
stating that--
(a) the motor vehicle has been seized; and
(b) the sheriff may sell or otherwise dispose of
30
the motor vehicle and any item left in or on
the motor vehicle unless payment in full of
the amount outstanding under the
infringement warrant or enforcement order
and any costs incurred as a result of the
35
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detention, immobilisation, seizure or
impoundment of the motor vehicle is
received within 14 days of the notice being
sent.
(3) At least 14 days before exercising a power of sale
5
under this section, the sheriff must publish a
notice of intention to sell in a newspaper
circulating generally in the State.
102. Recovery of motor vehicle or item by third party
before sale
10
(1) At any time before a sale under section 101 occurs
a person other than the registered operator of a
motor vehicle against whom an infringement
warrant has been issued may recover a motor
vehicle or item detained, immobilised or seized
15
under this Part if--
(a) the person was entitled, at the time the motor
vehicle or item was detained, immobilised or
seized, to possession of that vehicle or item;
and
20
(b) the person provides to the sheriff satisfactory
evidence, in accordance with the regulations
(if any), of that person's identity and
entitlement to possession of the motor
vehicle or item (as the case requires).
25
(2) The sheriff must release a motor vehicle or item
(as the case requires) to a person if satisfied as to
the matters referred to in sub-section (1).
(3) On the release of a motor vehicle under this
section, the registered operator against whom the
30
infringement warrant was issued is liable for any
costs incurred as a result of the detention,
immobilisation or impoundment of the motor
vehicle under this Part.
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103. Sheriff may return motor vehicle or items of low
monetary value
(1) Despite section 101, the sheriff may return a
vehicle detained, immobilised or seized under this
Part to the registered operator, or any other person
5
entitled, at the time of the detention,
immobilisation or seizure, to possession of that
vehicle, if in the opinion of the sheriff--
(a) the costs of sale and the amount outstanding
under the infringement warrant are greater
10
than the total monetary value of the vehicle;
or
(b) the vehicle is of negligible monetary value.
(2) Despite section 101, the sheriff may return an item
on or in any motor vehicle detained, immobilised
15
or seized under this Part to the registered operator,
or any other person entitled, at the time of the
detention, immobilisation or seizure, to possession
of that item, if in the opinion of the sheriff--
(a) the costs of sale and the amount outstanding
20
under the infringement warrant are greater
than the total monetary value of the item; or
(b) the item is of negligible monetary value.
(3) The sheriff may exercise a power under this
section in his or her absolute discretion and at any
25
time.
104. Application of proceeds of sale
If a motor vehicle or item is sold under
section 101 the proceeds of sale are to be applied
in the following order of priority--
30
(a) to pay the costs of the sale;
(b) to pay any costs of detention,
immobilisation, seizure or impoundment
under this Part;
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(c) to discharge any security interest over the
motor vehicle;
(d) to pay the amount outstanding under the
infringement warrant;
(e) to pay any amount remaining to--
5
(i) the registered operator; or
(ii) if the registered operator is not entitled
to the amount, any other person
entitled, at the time the motor vehicle
was detained or immobilised, to
10
possession of the motor vehicle; or
(iii) if the persons referred to in sub-
paragraphs (i) or (ii) cannot be located
after reasonable inquiries, deal with the
balance in accordance with the
15
Unclaimed Moneys Act 1962.
105. Section 42 of the Supreme Court Act 1986 does not
apply
(1) Despite anything to the contrary in section 42 of
the Supreme Court Act 1986, the sheriff or
20
police member may detain or immobilise a motor
vehicle under this Part even if that motor
vehicle--
(a) is primarily used by that person as a means
of transport; and
25
(b) could not, but for this sub-section, be
detained or immobilised because of
section 42 of the Supreme Court Act 1986.
(2) Despite anything to the contrary in section 42 of
the Supreme Court Act 1986, the sheriff may
30
seize and sell a motor vehicle under this Part even
if that motor vehicle--
(a) is primarily used by that person as a means
of transport; and
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(b) could not, but for this sub-section, be seized
and sold because of section 42 of the
Supreme Court Act 1986.
106. Buyer acquires good title
(1) A person who buys a motor vehicle or an item
5
under this Part acquires a good title to the vehicle
or item if the person buys the vehicle or item--
(a) in good faith; and
(b) without notice of any defect or want of title.
(2) The sheriff is not liable in respect of the sale of a
10
motor vehicle or item under this Part unless it is
proved that the sheriff had notice, or might by
making reasonable inquiry have ascertained, that
the vehicle or item was not the property of the
registered operator against whom an
15
infringements warrant was issued.
(3) Nothing in this section limits or affects any right
or remedy the previous owner of the motor
vehicle or item sold under this Part has or may
bring otherwise than--
20
(a) against the motor vehicle or item; or
(b) against the sheriff in the exercise of a power
of sale under this Part.
107. Offence to tamper with or remove means used to
immobilise motor vehicle
25
A person, other than a person authorised to do so
in accordance with this Part, must not tamper with
or remove the means by which a motor vehicle
has been detained, immobilised or seized under
this Part.
30
Penalty: 60 penalty units.
__________________
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s. 108
Trailer
PART 8--SUSPENSION OF DRIVER LICENCES AND
REGISTRATION OF MOTOR VEHICLE OR TRAILER
108. Meaning of "person in default" in this Part
For the purposes of this Part, a person is a person
in default if--
5
(a) an infringement warrant has been issued
against the person; and
(b) a seven-day notice has been served on the
person; and
(c) a period of 7 days after service for the seven-
10
day notice has expired without the person--
(i) paying the amount outstanding under
the infringement warrant; or
(ii) in the case of a natural person other
than a director to whom a declaration
15
under section 91 applies, applying for a
payment order for the payment of the
amount outstanding under the warrant;
or
(iii) applying for revocation of the
20
enforcement order.
109. Action under this Part
(1) This Part applies whether or not the infringement
offence in relation to which an infringement
warrant has been issued involves a motor vehicle-
25
related offence.
(2) The sheriff may take action under this Part in
addition to any other action under this Act.
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s. 110
Trailer
110. Sheriff may direct VicRoads to suspend driver
licence
(1) The sheriff may direct VicRoads to suspend,
under section 24(1A) of the Road Safety Act
1986, the driver licence of a person in default until
5
the sheriff notifies VicRoads that the suspension
has ceased in accordance with section 111.
Note: See section 24(1A) of the Road Safety Act 1986.
(2) At least 7 days before making a direction under
sub-section (1), the sheriff must cause to be served
10
on the person whose driver licence is to be
suspended a notice of intention to direct VicRoads
to suspend the driver licence unless the person,
before the end of the period specified in the notice
of intention--
15
(a) pays the amount outstanding under the
infringement warrant; or
(b) applies for a payment order; or
(c) applies for revocation of the enforcement
order.
20
Note: See Part 13 for service requirements.
111. When does suspension of driver licence cease?
The sheriff must notify VicRoads that the
suspension of a driver licence suspended under
section 24(1A) of the Road Safety Act 1986 has
25
ceased when any of the following occurs--
(a) payment in full of the amount outstanding
under the infringement warrant or
enforcement order;
(b) the person whose driver licence has been
30
suspended in accordance with this Act
becomes subject to a payment order;
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(c) an attachment of earnings order or an
attachment of debts order is made in relation
to the person;
(d) an application for revocation of the
enforcement order is granted by an
5
infringements registrar or the Court;
(e) an application against a refusal to revoke an
enforcement order is granted;
(f) seizure of property under this Act sufficient
to satisfy the amount outstanding under the
10
infringement warrant or enforcement order;
(g) the person is arrested under this Act;
(h) the infringement warrant issued against the
person has been recalled and cancelled by an
infringements registrar;
15
(i) the infringement warrant issued against the
person has expired;
(j) the sheriff, in his or her discretion, considers
that the suspension of the driver licence is no
longer an appropriate enforcement
20
mechanism in any particular case.
112. Sheriff may direct VicRoads to suspend vehicle
registration
(1) The sheriff may direct VicRoads to suspend the
registration of a motor vehicle or trailer under the
25
Road Safety Act 1986 if the person who is the
registered operator of a vehicle is a person in
default, until the sheriff notifies VicRoads that the
suspension has ceased in accordance with
section 113.
30
Note: See section 9AA of the Road Safety Act 1986.
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(2) At least 7 days before making a direction under
sub-section (1), the sheriff must cause to be served
on the person who is the registered operator of a
vehicle a notice of intention to direct VicRoads to
suspend the registration unless the person, before
5
the end of the period specified in the notice of
intention--
(a) pays the amount outstanding under the
infringement warrant; or
(b) in the case of a natural person (other than a
10
director to whom a declaration under
section 91 applies), applies for a payment
order; or
(c) applies for revocation of the enforcement
order.
15
Note: See Part 13 for service requirements.
(3) This section applies whether the person who is the
registered operator of a vehicle is a natural person
or a body corporate.
113. When does suspension of registration cease?
20
The sheriff must notify VicRoads that the
suspension of the registration of a motor vehicle
or trailer has ceased when any of the following
occurs--
(a) payment in full of the amount outstanding
25
under the infringement warrant or
enforcement order;
(b) the person whose vehicle registration has
been suspended in accordance with this Act
becomes subject to a payment order;
30
(c) in the case of a natural person, an attachment
of earnings order or an attachment of debts
order is made in relation to the person;
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(d) an application for revocation of the
enforcement order is granted by an
infringements registrar or the Court;
(e) an application against a refusal to revoke an
enforcement order is granted;
5
(f) seizure of property under this Act sufficient
to satisfy the amount outstanding;
(g) in the case of a natural person, including a
director to whom a declaration under
section 91 applies, the person is arrested
10
under this Act;
(h) the infringement warrant issued against the
person has been recalled and cancelled by an
infringements registrar;
(i) the infringement warrant issued against the
15
person has expired;
(j) the sheriff, in his or her discretion, considers
that the suspension of the registration of the
motor vehicle or trailer is no longer an
appropriate enforcement mechanism in any
20
particular case.
114. Direction not to renew driver licence or motor
vehicle registration
(1) The sheriff may direct VicRoads not to renew the
driver licence of a person against whom an
25
infringement warrant has been issued, whether or
not the person has been served with a seven-day
notice until the sheriff notifies VicRoads that the
suspension has ceased in accordance with
section 115.
30
Note: See section 19A of the Road Safety Act 1986.
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(2) The sheriff may direct VicRoads not to renew the
registration of a motor vehicle or trailer of a
person who is the registered operator of that
vehicle or trailer against whom an infringement
warrant has been issued, whether or not the person
5
has been served with a seven-day notice, until the
sheriff notifies VicRoads that the suspension has
ceased in accordance with section 115.
Note: See section 9AC of the Road Safety Act 1986.
(3) Sub-section (2) applies whether the person who is
10
the registered operator of a vehicle is a natural
person or a body corporate.
115. Renewal of licence or registration
The sheriff must notify VicRoads that the
direction not to renew a driver licence or
15
registration of a motor vehicle or trailer (as the
case requires) has ceased when any of the
following occurs--
(a) payment in full of the amount outstanding
under the infringement warrant or
20
enforcement order;
(b) the person whose licence or registration
renewal has been directed to not be renewed
in accordance with this Act becomes subject
to a payment order;
25
(c) in the case of a natural person, an attachment
of earnings order or attachment of debts
order is made in relation to the person;
(d) an application for revocation of the
enforcement order is granted by an
30
infringements registrar or the Court;
(e) an application against a refusal to revoke an
enforcement order is granted;
(f) seizure of property under this Act sufficient
to satisfy the amount outstanding;
35
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(g) in the case of a natural person, including a
director to whom a declaration under
section 91 applies, the person is arrested
under this Act;
(h) the infringement warrant issued against the
5
person has been recalled and cancelled by an
infringements registrar;
(i) the infringement warrant issued against the
person has expired;
(j) the sheriff, in his or her discretion, considers
10
that the direction not to renew the driver
licence or the registration of the motor
vehicle or trailer (as the case requires) is no
longer an appropriate enforcement
mechanism in any particular case.
15
116. Direction not to transfer registration
(1) If the registered operator of a motor vehicle or
trailer is a person in default, the sheriff may direct
VicRoads not to transfer to any other person the
registration of that motor vehicle or trailer until
20
the sheriff notifies VicRoads that the suspension
has ceased in accordance with section 117.
Note: See section 9AE of the Road Safety Act 1986.
(2) Sub-section (1) applies whether or not an actual
application for transfer of registration has been
25
made.
(3) At least 7 days before making a direction under
sub-section (1), the sheriff must--
(a) cause to be served on the registered operator
of a motor vehicle or trailer who is a person
30
in default a notice of intention to direct
VicRoads not to transfer to any other person
the registration of the motor vehicle or trailer
unless the person, before the end of the
period specified in the notice of intention--
35
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(i) pays the amount outstanding under the
infringement warrant; or
(ii) in the case of a natural person (other
than a director to whom a declaration
under section 91 applies), applies for a
5
payment order; or
(iii) applies for revocation of the
enforcement order; and
(b) cause to be registered in the register kept
under Part 3 of the Chattel Securities Act
10
1987 an entry of a security interest arising
because of the intention to make a direction
under this section.
(4) This section applies whether the person who is the
registered operator of a vehicle is a natural person
15
or a body corporate.
117. When can transfer of registration occur?
The sheriff must notify VicRoads that the
direction not to transfer under section 116 has
ceased when any of the following occurs--
20
(a) payment in full of the amount outstanding
under the infringement warrant or
enforcement order;
(b) in the case of a natural person, the person in
default in respect of whom the direction not
25
to transfer registration of a motor vehicle or
trailer applies becomes subject to a payment
order;
(c) in the case of a natural person, an attachment
of earnings order or attachment of debts
30
order is made in relation to the person;
(d) an application for revocation of the
enforcement order is granted by an
infringements registrar or the Court;
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(e) an application against a refusal to revoke an
enforcement order is granted;
(f) seizure of property under this Act sufficient
to satisfy the amount outstanding;
(g) in the case of a natural person, including a
5
director to whom a declaration under
section 91 applies, the person is arrested
under this Act;
(h) the infringement warrant issued against the
person has been recalled and cancelled by an
10
infringements registrar;
(i) the infringement warrant issued against the
person has expired;
(j) the sheriff, in his or her discretion, considers
that the direction not to transfer the
15
registration of the motor vehicle or trailer is
no longer an appropriate enforcement
mechanism in any particular case.
118. Cessation of suspension under this Act does not
affect any other suspension
20
(1) The cessation of any suspension or direction in
relation to a driver licence or registration of a
motor vehicle or trailer in accordance with this
Act does not affect the suspension of that licence
or registration (as the case requires) under any
25
other Act or law.
(2) A period of suspension or a direction not to renew
a driver licence or registration of a motor vehicle
or trailer may be concurrent with any other period
of suspension or non-renewal under the Road
30
Safety Act 1986.
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119. Avoidance of certain provisions in contracts of
insurance
(1) Any covenant, term, condition, or other provision
of a contract or other agreement is void to the
extent that it purports to exclude or limit the
5
liability of an insurer under a contract of insurance
in the event of the suspension of a driver licence
or a vehicle registration or the failure to transfer a
vehicle registration pursuant to a direction of the
sheriff given to VicRoads under this Act.
10
(2) Sub-section (1) applies to a contract of insurance
whether entered into before or after the
commencement of this Part.
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PART 9--ORAL EXAMINATION
120. Summons for oral examination
(1) An infringements registrar may issue a summons
for a person to attend before the infringements
registrar for oral examination if the infringements
5
registrar has not been provided with sufficient
information regarding the financial circumstances
of the person to make--
(a) a payment order; or
(b) an attachment of earnings order; or
10
(c) an attachment of debts order.
Note: See Part 13 for service requirements.
(2) A summons under sub-section (1) must--
(a) be in writing; and
(b) state the time, date and place of the oral
15
examination; and
(c) contain a statement that it is an offence to
fail to comply with the summons and a
warrant for arrest may be issued against the
person under the Magistrates' Court Act
20
1989 for failure to comply; and
(d) require the person to provide to the
infringements registrar, on or before the day
of the oral examination, a written statement
containing prescribed details setting out the
25
financial circumstances of the person; and
(e) contain any other prescribed details.
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121. What happens if person does not attend oral
examination?
(1) If a person fails to attend before the infringements
registrar as required by a summons under
section 120 or otherwise fails to comply with the
5
summons, an infringements registrar may issue a
warrant to arrest the person in accordance with the
Magistrates' Court Act 1989.
(2) A warrant under sub-section (1) must--
(a) be addressed to the sheriff or a police
10
member; and
(b) specify a time and place for the oral
examination.
(3) If the sheriff or a police member (as the case
requires) arrests a person pursuant to a warrant
15
referred to in this section, the sheriff or police
member may release the person if the person
undertakes to attend for oral examination at the
time and place specified in the warrant.
__________________
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PART 10--ATTACHMENT OF EARNINGS ORDERS AND
ATTACHMENT OF DEBTS ORDERS
Division 1--Application of Part
122. Application of Part
This Part applies where there is an outstanding
5
infringement warrant against a person for not less
than the prescribed amount.
Division 2--Attachment of Earnings Order
123. When can an attachment of earnings order be
made?
10
(1) Subject to this section, an infringements registrar
may make an attachment of earnings order in
respect of a person if--
(a) an infringement warrant has been issued
against the person; and
15
(b) a seven-day notice has been served on the
person; and
(c) a period of 7 days after service for the seven-
day notice has expired without the person--
(i) paying the amount outstanding under
20
the infringement warrant; or
(ii) applying for a payment order for the
payment of the amount outstanding
under the infringement warrant; or
(iii) applying for revocation of the
25
enforcement order.
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(2) An infringements registrar must not make an
attachment of earnings order--
(a) if the person referred to in sub-section (1)
has made an application in accordance with
sub-section (1)(c)(ii) or (iii) which has not
5
been determined, until the application is
determined; or
(b) if the infringements registrar has not been
provided with sufficient information
regarding the financial circumstances of the
10
person.
(3) An attachment of earnings order may be made--
(a) on an infringements registrar's own motion;
or
(b) on the application of--
15
(i) the sheriff; or
(ii) an enforcement agency; or
(iii) the person against whom an
infringement warrant has been issued.
124. Service of an attachment of earnings order
20
An attachment of earnings order must be served--
(a) on the person in respect of whom the order is
made; and
(b) on the person to whom the order is directed.
125. Infringements registrar may investigate person's
25
employment details
An infringements registrar, on his or her own
motion and in accordance with the regulations
(if any), may seek information from the employer
of a person in respect of whom an attachment of
30
earnings order is to be made regarding the
person's employment and earnings details.
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126. Variation, discharge or suspension of attachment of
earnings order
An attachment of earnings order may be varied,
discharged or suspended by an infringements
registrar in accordance with the regulations
5
(if any).
127. Compliance with an attachment of earnings order
(1) A person to whom an attachment of earnings
order is directed must not fail to comply with the
order.
10
Penalty: 60 penalty units or 6 months
imprisonment or both.
(2) It is a defence to a charge under sub-section (1)
for the person charged to prove that the person
took all reasonable steps to comply with the order.
15
(3) Nothing in sub-section (1) affects the powers of
the Court or the Supreme Court in relation to
contempt of court.
128. Employer obligations in respect of an attachment of
earnings order
20
(1) A person must not dismiss an employee or injure
an employee in the employee's employment or
alter an employee's position to the prejudice of the
employee because--
(a) an attachment of earnings order has been
25
made in respect of the employee; or
(b) the employee is required to make payments
under an attachment of earnings order.
Penalty: 5 penalty units.
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(2) The Court may order a person convicted of an
offence under sub-section (1)--
(a) to reimburse the employee any lost wages;
and
(b) to cause the employee to be reinstated in the
5
employee's former position or in a similar
position.
(3) An amount ordered to be reimbursed under sub-
section (2) may be recovered from the convicted
person in the same manner as the penalty to which
10
that person is liable under sub-section (1) and may
be included in the same warrant.
(4) An attachment of earnings order may apply to
earnings falling to be paid--
(a) by the Crown; or
15
(b) by a statutory authority representing the
Crown; or
(c) out of the Consolidated Fund.
Division 3--Attachment of Debts Order
129. When can an attachment of debts order be made?
20
(1) Subject to sub-section (2), an infringements
registrar may make an attachment of debts order
in respect of a person if--
(a) an infringement warrant has been issued
against the person; and
25
(b) a seven-day notice has been served on the
person; and
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(c) a period of 7 days after service for the seven-
day notice has expired without the person--
(i) paying the amount outstanding under
the infringement warrant; or
(ii) applying for a payment order for the
5
payment of the amount outstanding
under the infringement warrant; or
(iii) applying for revocation of the
enforcement order.
(2) An infringements registrar must not make an
10
attachment of debts order--
(a) if the person referred to in sub-section (1)
has made an application in accordance with
sub-section (1)(c)(ii) or (iii) which has not
been determined, until the application is
15
determined; or
(b) unless a debt is due or accruing to the person
from the garnishee; and
(c) unless the garnishee is within Victoria.
(3) An attachment of debts order may be made--
20
(a) on an infringements registrar's own motion;
or
(b) on the application of--
(i) the sheriff; or
(ii) an enforcement agency; or
25
(iii) the person against whom an
infringement warrant has been issued.
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130. Service and effect of attachment of debts order
(1) An attachment of debts order must be served on
the garnishee within 7 days of the making of the
order.
(2) An attachment of debts order binds the debts to
5
which it applies on service of the order.
131. Dispute of liability by garnishee
If the garnishee or any other person disputes
liability to pay the debt attached, the garnishee
may, in accordance with the regulations (if any),
10
apply to the infringements registrar within 14 days
of service of the order for attachment of debts for
a determination of liability.
132. Variation, discharge or suspension of attachment of
debts order
15
An attachment of debts order may be varied,
discharged or suspended by an infringements
registrar in accordance with the regulations
(if any).
133. Compliance with an attachment of debts order
20
(1) A person to whom an attachment of debts order is
directed must not fail to comply with the order.
Penalty: 60 penalty units or 6 months
imprisonment or both.
(2) It is a defence to a charge under sub-section (1)
25
for the person charged to prove that the person
took all reasonable steps to comply with the order.
(3) Nothing in sub-section (1) affects the powers of
the Court or the Supreme Court in relation to
contempt of court.
30
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PART 11--CHARGES OVER AND SALE OF REAL
PROPERTY
134. Application of Part
This Part applies if--
(a) a person owes not less than a prescribed
5
amount under an outstanding infringement
warrant under this Act; and
(b) enforcement action pursuant to an
infringement warrant or under Part 8--
(i) has been unsuccessful or unsatisfactory;
10
or
(ii) is not possible; or
(iii) is not appropriate.
135. Application for order charging land
(1) If the sheriff believes that seizure of personal
15
property of a person is not a reasonably
practicable means of satisfying any outstanding
infringement warrant against a person, the sheriff
may apply to the Court for an order that land in
which that person holds an interest be made
20
subject to a charge under this Part.
(2) An application under this section may be made
whether the person is the sole owner of the land or
owns that land as a co-owner with any other
person.
25
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136. Court may make order charging land
(1) The Court may make an order that land in which a
person holds an interest be subject to a charge
under this Part if satisfied--
(a) that there is an outstanding infringement
5
warrant against the person for not less than
the amount prescribed for the purposes of
this Part; and
(b) that seizure of personal property of the
person is not a reasonably practicable means
10
of satisfying the outstanding infringement
warrant against a person; and
(c) that enforcement action pursuant to an
infringement warrant or under Part 8--
(i) has been unsuccessful or unsatisfactory;
15
or
(ii) is not possible; or
(iii) is not appropriate.
(2) An order under sub-section (1) is a charge on the
land to the extent of interest that the person holds
20
in that land.
137. Land becomes subject to charge
(1) As soon as practicable after an order is made
under section 136, the sheriff must lodge with the
Registrar of Titles--
25
(a) an application--
(i) describing the land to be charged; and
(ii) stating the amount of the charge; and
(b) a copy of the order of the Court under
section 136.
30
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(2) On an application being lodged under sub-
section (1), subject to the Transfer of Land Act
1958, the Registrar of Titles must record the
charge in the Register kept under that Act and on
that recording, the amount outstanding under the
5
infringement warrant is a charge on the land held
by the person in respect of whom the order applies
until--
(a) that amount is recovered; or
(b) the person in respect of whom the order
10
under section 136 was made dies; or
(c) the charge on the land expires or is otherwise
removed.
(3) A charge may be recorded under this section in
the Register kept under the Transfer of Land Act
15
1958 without submission to the Registrar of Titles
of any relevant certificate of title.
138. Application for removal of charge over land
The sheriff may apply to the Court for an order
that a charge under this Part over land in which an
20
interest is held by a person in respect of whom an
order under section 136 applies be removed if--
(a) the amount outstanding is paid; or
(b) the person in respect of whom the order
under section 136 was made dies; or
25
(c) the charge on the land expires or otherwise
should be removed; or
(d) the sheriff believes that in all the
circumstances it is no longer appropriate for
the charge to remain on the land.
30
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139. Court may order removal of charge
The Court may make an order that a charge under
this Part over land be removed if satisfied that--
(a) the amount outstanding has been paid; or
(b) the person in respect of whom the order
5
under section 136 was made has died; or
(c) the charge on the land has expired or
otherwise should be removed; or
(d) in all the circumstances it is no longer
appropriate for the charge to remain on the
10
land.
140. Removal order to be lodged with Registrar of Titles
(1) As soon as practicable after an order is made
under section 139, the sheriff must lodge with the
Registrar of Titles--
15
(a) an application describing the land in respect
of which the charge is to be removed; and
(b) a copy of the order of the Court under
section 139.
(2) On an application being lodged under sub-
20
section (1), subject to the Transfer of Land Act
1958, the Registrar of Titles must record in the
Register kept under that Act the removal of the
charge and on that recording, the charge on the
land is removed.
25
(3) The removal of a charge may be recorded under
this section in the Register kept under the
Transfer of Land Act 1958 without submission
to the Registrar of Titles of any relevant certificate
of title.
30
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141. Powers of Registrar of Titles
(1) For the purpose of enforcing a charge under this
Part or registering an instrument connected with
an enforcement of a charge under this Part, the
Registrar of Titles may cancel the folio of the
5
Register kept under the Transfer of Land Act
1958 for the land charged and create a new folio.
(2) The Registrar of Titles may make any other
recording in the Register kept under the Transfer
of Land Act 1958 that is necessary because of the
10
operation of this Part.
142. Owner to be notified of charge
(1) The sheriff must notify a person whose interest in
land is subject to a charge under this Part and any
other person recorded in the Register kept under
15
the Transfer of Land Act 1958 as having an
interest in the land in writing--
(a) that the land is charged under section 136
with the amount stated in the notice; or
(b) of the removal of a charge over land by order
20
under section 139.
(2) The sheriff must include a copy of the order made
under section 136 or 139 (as the case requires) in
a notice provided under sub-section (1).
143. Power of sale
25
(1) The sheriff may apply to the Court for an order
permitting the sale of the land under this Part if--
(a) a charge over the land has been recorded
under this Part for at least 3 months; and
(b) an amount is owing under the charge; and
30
(c) the sheriff has attempted, but has failed to
recover the amount owing under the charge.
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(2) The Court may make an order permitting the
sheriff to sell the land under this Part if satisfied
as to the matters referred to in sub-section (1)(a)
to (c).
144. Notice of intention to sell
5
(1) If an order to sell is made under section 143, the
sheriff must serve a notice of intention to sell the
land on any person recorded in the Register kept
under the Transfer of Land Act 1958 as having
an interest in the land.
10
(2) A notice under sub-section (1) must--
(a) be in writing and contain the prescribed
particulars; and
(b) be served in the prescribed manner not less
than one month before the intended sale; and
15
(c) state--
(i) the amount owing at the date of the
notice; and
(ii) that the sale will not proceed if
payment is made within one month of
20
the service of the notice; and
(iii) the address at which payment may be
made.
145. Sale to be treated as sale by mortgagee
Section 77 of the Transfer of Land Act 1958
25
applies to a sale pursuant to an order under
section 143 as if--
(a) the charge were a registered mortgage; and
(b) the sheriff were a mortgagee under that
mortgage; and
30
(c) the requirement relating to the giving of
notice were deleted.
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146. Application of proceeds of sale
Subject to section 145, if land is sold pursuant to
an order under section 143 the proceeds of sale are
to be applied in the following order of priority--
(a) to pay the costs of the sale;
5
(b) to pay any costs incurred by the sheriff in
applying for the charge and obtaining the
recording of the charge in the Register kept
under the Transfer of Land Act 1958;
(c) to pay the amount outstanding under the
10
infringement warrant;
(d) to pay any amount remaining to the person
whose interest in land was subject to the
charge under this Part and, if appropriate, to
any other person recorded in the Register
15
kept under the Transfer of Land Act 1958
as having an interest in the land.
__________________
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Imprisonment
PART 12--INFRINGEMENT OFFENDERS, COMMUNITY
WORK PERMITS AND IMPRISONMENT
Division 1--Community Work Permits
147. When a community work permit may be issued
(1) Subject to this Part, this Division applies if an
5
infringement offender elects to perform unpaid
community work under a community work permit.
(2) A community work permit may not be issued
under this Division to an infringement offender in
respect of an infringement warrant--
10
(a) if the outstanding fines under the
infringement warrant exceed $10 000; or
(b) where the infringement offender has been
released under a community work permit
that is in force in respect of another
15
infringement warrant, if the total of the
outstanding fines under that and any other
infringement warrant in respect of which the
infringement offender has been released on a
community work permit that is in force,
20
exceeds $10 000; or
(c) if the total of the outstanding fines under the
first mentioned infringement warrant and the
infringement warrant or warrants referred to
in paragraph (b) exceeds $10 000.
25
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148. Community work permit
Subject to section 147, if--
(a) the sheriff arrests a person under an
infringement warrant; and
(b) the infringement offender elects to perform
5
unpaid community work in respect of
outstanding fines under the infringement
warrant--
the sheriff, subject to and in accordance with the
infringement warrant and the regulations, may
10
release the infringement offender on a community
work permit issued by the sheriff.
149. Core conditions of community work permits
The following conditions apply to a community
work permit--
15
(a) that the infringement offender does not
commit, whether in or outside Victoria, an
offence punishable on conviction by
imprisonment;
(b) that the infringement offender reports to a
20
specified community corrections centre
within two clear working days after the issue
of the community work permit;
(c) that the infringement offender reports to, and
receives visits from, a community
25
corrections officer;
(d) that the infringement offender notifies an
officer at the specified community centre of
any change of address or employment within
two working days after the change;
30
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(e) that the infringement offender does not leave
Victoria except with the permission of a
community corrections officer at the
specified community corrections centre
granted either generally or in relation to the
5
particular case;
(f) that the infringement offender obeys all
lawful instructions and directions of
community corrections officers.
150. Program condition
10
The program condition of a community work
permit is that the infringement offender performs
unpaid community work as directed by the
Secretary for a period determined by the sheriff in
accordance with section 152.
15
151. Cumulative periods of work under two or more
community work permits
If the sheriff issues to an infringement offender
two or more community work permits in respect
of two or more infringement warrants, the periods
20
of unpaid community work to be performed under
those permits are cumulative.
152. Community work
(1) The number of hours for which an infringement
offender may be required to perform unpaid
25
community work under a community work permit
is one hour for each 02 fine unit or part of
02 fine unit of the outstanding fines in relation to
the infringement warrant to which the permit
applies with a minimum of 8 hours and a
30
maximum of 500 hours.
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(2) The total number of hours to be worked in any
period of 7 days must not exceed 20.
(3) An infringement offender may work up to
40 hours in a period of 7 days if he or she requests
to do so and signs a written consent to working
5
the extra number of hours.
153. Secretary may direct infringement offender to
report at another place
(1) If, because an infringement offender has changed
his or her place of residence or for any other
10
reason, it is not convenient that the infringement
offender report at a place or to a person specified
in a community work permit, the Secretary may
direct the infringement offender to report at
another place or to another person.
15
(2) An infringement offender must report as directed
under sub-section (1) as if that place or person had
been specified in the community work permit.
154. Suspension of community work permit
If--
20
(a) an infringement offender is ill; or
(b) there are other exceptional circumstances--
the Secretary may suspend for a period the
operation of a community work permit or any
condition of a community work permit.
25
155. Variation or cancellation of community work permit
(1) An application for variation or cancellation of a
community work permit may be made to the
Court at any time while the community work
permit is in force by--
30
(a) the infringement offender; or
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(b) a prescribed person or a member of a
prescribed class of persons.
(2) If--
(a) an infringement offender makes an
application under sub-section (1), he or she
5
must give notice of the application to a
prescribed person or a member of a
prescribed class of persons;
(b) a prescribed person or a member of a
prescribed class of persons makes an
10
application under sub-section (1), he or she
must give notice of the application to the
infringement offender.
(3) If, on an application under sub-section (1), the
Court is satisfied--
15
(a) that the circumstances of the infringement
offender have materially altered since the
community work permit was issued and as a
result the infringement offender will not be
able to comply with a condition of the
20
permit; or
(b) that the circumstances of the infringement
offender were wrongly stated or were not
accurately presented to the sheriff before the
community work permit was issued; or
25
(c) that the infringement offender is no longer
willing to comply with the community work
permit--
the Court may vary the permit or cancel it.
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Imprisonment
156. Breach of community work permit
If an infringement offender fails without
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
5
requirement of the regulations made for the
purposes of this Part, the infringement offender is
to be brought before the Court in accordance with
Division 2.
157. Part payment of outstanding fines to reduce
10
community service
At any time while a community work permit is in
force, if part of the outstanding fines are paid, in
accordance with this Act, by or on behalf of the
infringement offender, the number of hours of
15
work which the infringement offender is required
to perform must be reduced by the number of
hours bearing as nearly as possible the same
proportion to the total number of hours specified
in the community work permit as the amount paid
20
bears to the fine units to which the community
work permit applies.
Division 2--Imprisonment
158. Application of this Division
This Division applies if an infringement offender
25
is arrested under an infringement warrant and--
(a) the infringement offender--
(i) is assessed, in accordance with the
prescribed criteria, as being unsuitable
for a community work permit under this
30
Part; or
(ii) is not issued with a community work
permit within 48 hours after being
arrested; or
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(b) the infringement offender is issued with a
community work permit and--
(i) fails to comply with the permit or a
condition of the permit or any
requirement of the regulations made for
5
the purposes of this Part; or
(ii) the permit is cancelled.
159. Infringement offender to be brought before the
Court
(1) An infringement offender must be brought before
10
the Court within 48 hours after being arrested
under an infringement warrant.
(2) If it is not practicable to bring an infringement
offender before the Court within 48 hours after
being arrested--
15
(a) a date for the infringement offender to
appear before the Court must be fixed; and
(b) the infringement offender must be given a
written notice requiring him or her to appear
before the Court on that date.
20
(3) If a community work permit has been issued to an
infringement offender and--
(a) the offender fails to comply with the permit
or a condition of the permit or any
requirement of the regulations made for the
25
purposes of this Part; or
(b) the permit is cancelled--
the offender must be brought before the Court as
soon as practicable after the failure or
cancellation.
30
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Imprisonment
(4) An infringement offender arrested under an
infringement warrant may be discharged from
custody on bail under section 10 of the Bail Act
1977.
(5) This section ceases to apply if there are no
5
outstanding fines under the infringement warrant.
160. Powers of the Court
(1) The Court may order that the infringement
offender be imprisoned for a period of one day in
respect of each fine unit, or part of a fine unit, of
10
the amount of the outstanding fines under the
infringement warrant.
(2) If the Court is satisfied--
(a) that an infringement offender has a mental or
intellectual impairment, disorder, disease or
15
illness; or
(b) without limiting paragraph (a), that special
circumstances apply to an infringement
offender--
the Court may--
20
(c) discharge the outstanding fines in full; or
(d) discharge up to two thirds of the outstanding
fines; or
(e) adjourn the further hearing of the matter for
a period of up to 6 months.
25
(3) If the Court is satisfied that, having regard to the
infringement offender's situation, imprisonment
would be excessive, disproportionate and unduly
harsh the Court may--
(a) order the infringement offender to be
30
imprisoned for a period that is up to two
thirds less than one day in respect of each
fine unit, or part of a fine unit, of the amount
of the outstanding fines; or
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(b) discharge the outstanding fines in full; or
(c) discharge up to two thirds of the outstanding
fines; or
(d) adjourn the further hearing of the matter for
a period of up to 6 months.
5
(4) If the Court has made an order under sub-
section (1) or (3)(a) for imprisonment in default of
payment of outstanding fines--
(a) a warrant to imprison may be issued under
section 68 of the Magistrates' Court 1989;
10
and
(b) the Court may make--
(i) an instalment order under the
Magistrates' Court Act 1989 in
respect of the payment of the
15
outstanding fines; or
(ii) a community based order under
Division 4 of Part 3 of the Sentencing
Act 1991.
161. Reduction of imprisonment by payment of part of
20
outstanding fines
(1) Despite any provision (except section 26) of the
Imprisonment of Fraudulent Debtors Act 1958
to the contrary or anything in the infringement
warrant, if an infringement offender is imprisoned
25
under an infringement warrant--
(a) the whole or any part of the outstanding fines
may be paid by or on behalf of the
infringement offender to the officer in charge
of the prison or police gaol in which the
30
infringement offender is detained; and
(b) the officer in charge must receive the
payment and forward it without delay to an
infringements registrar.
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(2) If--
(a) the whole amount of the outstanding fines; or
(b) the amount remaining to be paid--
is paid to the officer in charge of the prison or
police gaol by or on behalf of the infringement
5
offender who is imprisoned, the offender must be
discharged if he or she is in custody for no other
matter.
(3) If part of the outstanding fines is paid to the
officer in charge of the prison or police gaol by or
10
on behalf of the infringement offender who is
imprisoned--
(a) the officer in charge must--
(i) amend the execution copy of the
infringement warrant; and
15
(ii) receive the payment and forward it
without delay to an infringements
registrar; and
(b) at the end of the reduced term, the
infringement offender who is imprisoned
20
must be discharged if he or she is in custody
for no other matter.
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PART 13--GENERAL
162. Service of documents
(1) Subject to this Act, documents required or
permitted by this Act to be given or served, may
be served--
5
(a) personally; or
(b) by post; or
(c) by any prescribed manner.
(2) A document must be served personally if it is--
(a) a seven-day notice; or
10
(b) a summons for oral examination; or
(c) an attachment of earnings order or
attachment of debts order; or
(d) a notice under section 110, 112 or 116.
(3) If a document is served on a director to whom a
15
declaration under section 91 applies, it must be
addressed to the address lodged with the
Australian Securities and Investments
Commission as the registered office address of the
body corporate in respect of which that person is a
20
director.
Note: For service on corporations generally, see
section 109X of the Corporations Act.
(4) If a penalty reminder notice is served by post it
must be addressed--
25
(a) to the last known place of residence or
business of the person alleged to have
committed the offence; or
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(b) if the infringement notice was served under
section 87 of the Road Safety Act 1986--
(i) to the last address of the owner of the
vehicle within the meaning of Part 7 of
that Act; or
5
(ii) if a statement or declaration has been
supplied under section 86(3)(a), (aab)
or (ab) of that Act, to the last address of
the person alleged in that statement or
declaration to have been in charge of
10
the vehicle; or
(c) if the infringement was issued in respect of
an offence to which section 66 of the Road
Safety Act 1986 applies--
(i) to the last address of the owner of the
15
motor vehicle within the meaning of
section 66 of that Act; or
(ii) if a statement or declaration has been
supplied under 66(3)(a), (aab) or (ab) of
that Act, to the last address of the
20
person alleged in that statement or
declaration to have been the driver of
the motor vehicle; or
(d) if the infringement notice was issued in
respect of an offence against section 73(1) of
25
the Melbourne City Link Act 1995--
(i) to the last address of the owner of the
vehicle within the meaning of Part 4 of
that Act; or
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(ii) if a statement or declaration has been
supplied under section 87(3)(a), (aab)
or (ab) of that Act, to the last address of
the person alleged in that statement or
declaration to have been the driver of
5
the vehicle; or
(e) if the infringement notice was issued in
respect of an offence against section 204 of
the Mitcham-Frankston Project Act
2004--
10
(i) to the last address of the owner of the
vehicle within the meaning of that Act;
or
(ii) if a statement or declaration has been
supplied under section 199 or 219 of
15
that Act, to the last address of the
person alleged in that statement or
declaration to have been the driver of
the vehicle.
(5) Any other document served by post under this Act
20
may be addressed to the address for service given
by the person on whom the document is to be
served.
163. Substituted service
(1) If for any reason it is impracticable to serve a
25
document in the manner required by section 162, a
magistrate may order that such steps be taken as
specified in the order for the purposes of bringing
the document to the notice of the person to be
served.
30
(2) If a magistrate makes an order under sub-
section (1), he or she may order that the document
be taken to have been served on the happening of
any specified event, or on the expiry of any
specified time.
35
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(3) A magistrate may make an order under sub-
section (1) notwithstanding that the person to be
served is out of Victoria or was out of Victoria
when the proceeding commenced.
164. Certain agencies may give information for
5
enforcement purposes
(1) In this section, "specified agency" means a
person or body--
(a) that holds information that may be of use in
the enforcement of orders and warrants
10
under this Act; and
(b) that is prescribed by regulations made for the
purposes of this section to be a specified
agency--
but does not include a person or body listed in
15
section 90A(1) of the Melbourne City Link Act
1995.
(2) For the purpose of the enforcement of orders and
warrants under this Act, an infringements
registrar, the sheriff and any contractor or sub-
20
contractor supporting the functions of the
infringements registrar or the sheriff may request
information that may assist in carrying out that
purpose from any person or body.
(3) On the written request of an infringements
25
registrar, the sheriff or any contractor or sub-
contractor supporting the functions of the
infringements registrar or the sheriff, a specified
agency may give the person or body making the
request access to any information held by the
30
agency that may be of use in the enforcement of
orders and warrants under this Act.
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(4) A person who obtains access to any information
as a result of a request made under this section
may use the information to enforce orders and
warrants under this Act but is otherwise subject to
all the requirements and restrictions concerning
5
the use and disclosure of the information that
apply to the person who provided, or granted
access to, the information in response to the
request.
165. Police may assist sheriff
10
A police member, at the request of the sheriff,
may assist the sheriff in the execution of the
sheriff's functions or duties under this Act.
166. Police may exercise certain powers of sheriff
(1) The sheriff, with the approval of the Chief
15
Commissioner of Police, by instrument may
authorise a police member or a class of police
members to exercise in accordance with the
regulations (if any) all or any of the powers,
functions or duties of the sheriff under this Act.
20
(2) Without limiting sub-section (1), a police member
authorised under sub-section (1), may serve, in
accordance with Part 6, a seven-day notice on a
person against whom an infringement warrant has
been issued.
25
(3) An authority given under sub-section (1) may be
subject to any conditions and limitations which
are stated in the authority.
167. Offence to give false information
A person must not intentionally provide false or
30
misleading information in any written statement
required by or under this Act.
Penalty: 10 penalty units.
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168. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing infringement offences for the
purposes of this Act; and
5
(b) prescribing forms of infringement notices,
including short forms of infringement notices
and the circumstances in which various
forms of infringement notice may be used;
and
10
(c) prescribing processes, systems, the conduct
of and other matters relating to, the internal
review by enforcement agencies of the
issuing and enforcement of infringement
notices; and
15
(d) prescribing forms, including composite
forms; and
(e) prescribing information required under this
Act; and
(f) prescribing evidence of identity and
20
entitlement to possession and other matters
for the purposes of Part 7; and
(g) prescribing persons or classes of persons for
the purposes of making applications for
orders under Part 10; and
25
(h) prescribing for the purposes of Part 10, the
type of information that can be sought and
the circumstances in which, and the persons
from whom, information can be sought; and
(i) prescribing the practice and procedure in
30
relation to applications for attachment of
earnings orders and attachment of debts
orders under Part 10, including variation,
discharge or suspension of those orders; and
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(j) prescribing conditions for grants of
community work permits, the release of
persons on community work permits and
procedures for the purposes of Part 12; and
(k) the fees, costs and charges payable in respect
5
of the execution by the sheriff of any
infringement warrant issued under this Act;
and
(l) the fees, costs and charges payable in respect
of the exercise by an infringements registrar
10
of any jurisdiction, power or authority vested
under this Act; and
(m) other fees, costs and charges under this Act;
and
(n) without limiting any power to make
15
regulations conferred by any other
paragraph, the fees, costs and charges
payable in respect of--
(i) the issue or execution of an
infringement warrant; or
20
(ii) the amendment, alteration or variation
of an infringement warrant; or
(iii) the supply of a duplicate copy of an
infringement warrant; and
(o) prescribing for the purposes of section 166,
25
the exercise of powers, functions and duties;
and
(p) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
30
give effect to this Act.
(2) A power conferred by sub-section (1) to make
regulations providing for the imposition of fees
may be exercised by providing for all or any of
the following matters--
35
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(a) specific fees;
(b) maximum fees;
(c) minimum fees;
(d) fees that vary according to value or time;
(e) the manner of payment of fees;
5
(f) the time or times at which fees are to be paid.
(3) Regulations made under this Act may--
(a) confer a discretionary authority on an
infringements registrar or a class of
infringements registrar or the sheriff; and
10
(b) be of limited or general application; and
(c) leave any matter or thing to be decided by a
specified person or class of person; and
(d) provide for the exemption of persons or
proceedings or a class of persons or
15
proceedings from any of the regulations
providing for the imposition of fees; and
(e) provide for the reduction, waiver or refund,
in whole or in part, of the fees, costs and
charges fixed by regulation under this
20
section; and
(f) provide, in specified circumstances, for the
reinstatement or payment, in whole or in
part, of any fee, cost or charge reduced,
waived or refunded by the regulations.
25
(4) Without limiting sub-section (3), if the regulations
provide for a reduction, waiver or refund, in
whole or in part, of a fee, cost or charge pursuant
to sub-section (3), the reduction, waiver or
refund--
30
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(a) may be expressed to apply either generally or
specifically--
(i) in respect of certain matters or classes
of matters;
(ii) in respect of certain persons or classes
5
of persons;
(iii) in respect of a specified class of
lodgeable infringement offence,
including offences committed before or
after the commencement of the
10
regulations providing for the reduction,
waiver or refund, in whole or in part, of
the fees, costs and charges;
(iv) in respect of a specified class of
infringement notice in respect of
15
lodgeable infringement offences
including notices issued or served
before or after the commencement of
the regulations providing for the
reduction, waiver or refund, in whole or
20
in part, of the fees, costs and charges;
(v) in respect of a specified enforcement
agency or class of enforcement agency;
(vi) for a specified period or periods or
from a specified commencement date to
25
a specified expiry date;
(vii) in respect of any combination of the
matters referred to in paragraphs (i)
to (vi);
(b) may be subject to specified conditions.
30
__________________
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Act No.
Part 14--Amendments to Other Acts
s. 169
PART 14--AMENDMENTS TO OTHER ACTS
See:
Division 1--Amendments to Magistrates' Court Act 1989 Act No.
51/1989.
169. Miscellaneous amendments Reprint No. 11
as at
In the Magistrates' Court Act 1989-- 1 July 2005
and
amending
(a) in section 3(1), in the definition of
5 Act Nos
"proceeding" for "registrar under 77/2004,
2/2005,
Schedule 7" substitute "infringements 16/2005,
registrar"; 18/2005,
19/2005,
(b) in section 3(1), insert the following 45/2005,
62/2005 and
definitions--
10 69/2005.
LawToday:
' "Infringements Court" means the venue www.dms.
of the Court prescribed by the rules dpc.vic.
gov.au
made under section 16(1A)(m);
"infringements registrar" has the same
meaning as it has in the Infringements
15
Act 2005;
"infringement warrant" has the same
meaning as it has in the Infringements
Act 2005;';
(c) in section 16(1A)(m), for "Schedule 7"
20
substitute "the Infringements Act 2005";
(d) in section 58(1)(b), for "clause 8(1) of
Schedule 7" substitute "section 80 of the
Infringements Act 2005";
(e) in section 73, sub-sections (3A) and (3B) are
25
repealed;
(f) in section 140(1)(b) for "registrar under
Schedule 7", substitute "infringements
registrar".
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Act No.
Part 14--Amendments to Other Acts
s. 170
170. Heading amended
In the heading to Subdivision 2 of Division 6 of
Part 4 of the Magistrates' Court Act 1989, after
"Penalties" insert "under the Infringements Act
2005".
5
171. Section 99 substituted
For section 99 of the Magistrates' Court Act
1989 substitute--
"99. Infringement offence enforcement
procedure under the Infringements Act
10
2005
The procedure set out in the Infringements
Act 2005 may be used instead of
commencing a proceeding against a person
for an offence--
15
(a) for which an infringement notice within
the meaning of that Act could be issued
or served in respect of an offence under
an Act or regulation which establishes
the offence; and
20
(b) which is a lodgeable infringement
offence within the meaning of the
Infringements Act 2005.".
172. Certain agencies may give information
In section 99A of the Magistrates' Court Act
25
1989--
(a) in sub-section (2), omit "and Schedule 7";
(b) in sub-section (3)--
(i) for "registrar of the PERIN Court"
substitute "infringements registrar";
30
(ii) for "PERIN Court" substitute
"Infringements Court";
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Infringements Act 2005
Act No.
Part 14--Amendments to Other Acts
s. 173
(c) in sub-section (4)--
(i) for "registrar of the PERIN Court"
substitute "infringements registrar";
(ii) for "PERIN Court" substitute
"Infringements Court".
5
173. Administrative services arrangements
(1) In section 124A of the Magistrates' Court Act
1989 the definition of "PERIN Court" is repealed.
(2) In section 124B(1)(a) of the Magistrates' Court
Act 1989, for "PERIN" substitute
10
"Infringements".
(3) In section 124C(n) of the Magistrates' Court Act
1989, for "or the regulations" substitute ", the
regulations, the Infringements Act 2005 or any
regulations under that Act".
15
(4) In section 124I(3)(b)(i) of the Magistrates' Court
Act 1989, for "PERIN" substitute
"Infringements".
174. Contempt of Court
After section 134(5)(a) of the Magistrates' Court
20
Act 1989 insert--
"(ab) having been summoned under Part 9 of the
Infringements Act 2005 to attend at the
Court to be orally examined by an
infringements registrar and having been
25
given any conduct money required to be
given or tendered, the person refuses or
neglects without sufficient cause to attend;
or".
139
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Act No.
Part 14--Amendments to Other Acts
s. 175
175. New clause 7 to Schedule 2 inserted
After clause 6 of Schedule 2 to the Magistrates'
Court Act 1989 insert--
"7. Non-appearance of defendant--
Infringements Act 2005
5
Without limiting any other power of the
Court, in the case of any lodgeable
infringement offence within the meaning of
the Infringements Act 2005 in respect of
which an election to have the matter of the
10
offence heard and determined in Court under
Part 2 or Part 4 of that Act has been made or
an order under section 72(1) of that Act has
been made, if the defendant fails to appear
and the Court proceeds to hear and determine
15
the charge in the defendant's absence under
section 41(2) or (3), the Court may hear and
determine the charge based on the prescribed
information lodged under section 40(1)(a)
or 71(1)(a) of that Act (as the case
20
requires).".
176. Repeal of certain provisions
(1) Subdivision 7 of Division 3 of Part 4 of the
Magistrates' Court Act 1989 is repealed.
(2) Schedule 7 to the Magistrates' Court Act 1989,
25
except for clauses 28 and 29, is repealed.
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Act No.
Part 14--Amendments to Other Acts
s. 177
Division 2--Amendments to Subordinate Legislation See:
Act 1994 Act No.
104/1994.
Reprint No. 2
177. New section 6A inserted as at
1 July 2002
After section 6 of the Subordinate Legislation and
amending
Act 1994 insert--
5 Act Nos
108/2004 and
"6A. Infringements offence consultation 20/2005.
certificate LawToday:
www.dms.
dpc.vic.
(1) If a proposed statutory rule provides for the gov.au
enforcement of an offence against the
statutory rule by an infringement notice,
10
whether under the Infringements Act 2005
or otherwise, the responsible Minister must
certify--
(a) that the Department of Justice has been
consulted about--
15
(i) the enforcement of the proposed
statutory rule by infringement
notice; and
(ii) the suitability of the proposed
statutory rule to be an
20
infringement offence enforced
under the Infringements Act
2005; and
(b) that the Attorney-General's guidelines
within the meaning of the
25
Infringements Act 2005 have been
taken into account in the preparation of
the proposed statutory rule; and
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Act No.
Part 14--Amendments to Other Acts
s. 178
(c) that the Minister is satisfied that the
proposed statutory rule--
(i) meets the requirements of those
guidelines; or
(ii) does not meet the requirements of
5
those guidelines but should be
made despite not meeting those
requirements because of the
reasons specified in the certificate.
(2) The responsible Minister must ensure that a
10
copy of the certificate under sub-section (1)
is given to the Scrutiny Committee as soon
as practicable after the statutory rule is made.
(3) A copy of the certificate under sub-section
(1) must be laid before each House of the
15
Parliament at the same time as the statutory
rule is so laid under section 15.".
178. Submission of statutory rules to Governor in
Council
In section 14 of the Subordinate Legislation
20
Act 1994--
(a) in paragraph (d), for "certificate." substitute
"certificate;";
(b) after paragraph (d) insert--
"(e) if the proposed statutory rule provides
25
for the enforcement of an offence
against the statutory rule by an
infringement notice, whether under the
Infringements Act 2005 or otherwise,
a copy of the certificate under
30
section 6A.".
142
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Infringements Act 2005
Act No.
Part 14--Amendments to Other Acts
s. 179
Division 3--Amendments to Road Safety Act 1986 See:
Act No.
127/1986.
179. Powers of Corporation Reprint No. 9
as at
In section 5AB(1) of the Road Safety Act 1986, 25 August
after "regulations" insert "or the Infringements 2005
and
Act 2005 (as the case requires)".
5 amending
Act Nos
180. New sections 9AA to 9AF inserted 19/1991,
111/2003,
After section 9 of the Road Safety Act 1986 110/2004,
21/2005 and
insert-- 24/2005.
LawToday:
"9AA. Suspension of motor vehicle or trailer www.dms.
registration
10 dpc.vic.
gov.au
(1) Despite section 9(1), if directed by the
sheriff under section 112 of the
Infringements Act 2005, the Corporation
must suspend any registration of a motor
vehicle or trailer in the name of the
15
registered operator of that vehicle or trailer
until notified by the sheriff that the
suspension has ceased because one of the
matters referred to in section 113 of that Act
has occurred.
20
(2) While the registration of a motor vehicle or
trailer is suspended under sub-section (1), the
vehicle is unregistered for the purposes of
this Part.
(3) Despite sub-section (2) it is not an offence
25
against this Act to leave a vehicle whose
registration has been suspended under this
section standing on a highway.
(4) Suspension under this section does not alter
the expiry date for the registration of a motor
30
vehicle or trailer under this Act.
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Act No.
Part 14--Amendments to Other Acts
s. 180
9AB. Cessation of suspension
The suspension of a registration of a motor
vehicle or trailer suspended under section
9AA ceases when the Corporation receives
notification from the sheriff in accordance
5
with section 113 of the Infringements Act
2005.
9AC. Direction not to renew registration
(1) Despite section 9(1), if directed by the
sheriff under section 114 of the
10
Infringements Act 2005, the Corporation
must not renew any registration of a motor
vehicle or trailer in the name of the
registered operator of that vehicle or trailer
until notified by the sheriff that the direction
15
not to renew has ceased because one of the
matters referred to in section 115 of that Act
has occurred.
(2) When sending a notice of renewal of a motor
vehicle or trailer registration in accordance
20
with this Act to a registered operator of a
vehicle or trailer in respect of whom a
direction has been given under section 114 of
Infringements Act 2005, the Corporation
must include in the notice of renewal a
25
notice advising that renewal will not be
granted until one of the matters referred to in
section 115 of that Act occurs because of a
direction of the sheriff under section 114 of
that Act.
30
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Act No.
Part 14--Amendments to Other Acts
s. 180
9AD. Renewal of registration
The Corporation may renew a motor vehicle
or trailer registration which was not renewed
by virtue of section 9AC when the
Corporation receives notification from the
5
sheriff in accordance with section 115 of the
Infringements Act 2005.
9AE. Non-transfer of registration
(1) Despite section 9(1), if directed by the
sheriff under section 116 of the
10
Infringements Act 2005, the Corporation
must not transfer to any other person any
registration of a motor vehicle or trailer if the
registered operator of that vehicle or trailer is
a person in respect of whom a direction
15
under section 116 of that Act applies until
notified by the sheriff that the suspension has
ceased because one of the matters referred to
in section 117 of that Act has occurred.
(2) When directed by the sheriff under
20
section 116 of the Infringements Act 2005,
the Corporation must send to the registered
operator of the motor vehicle or trailer in
respect of whom the direction applies a
notice advising that no transfer of
25
registration will occur in relation to that
vehicle or trailer until one of the matters
referred to in section 117 of that Act occurs
because of a direction of the sheriff under
section 116 of that Act.
30
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Act No.
Part 14--Amendments to Other Acts
s. 181
9AF. Transfer of registration
The Corporation may transfer a motor
vehicle or trailer registration which was
directed not to be transferred by virtue of
section 9AE when the Corporation receives
5
notification from the sheriff in accordance
with section 117 of the Infringements Act
2005.".
181. Appeal to Magistrates' Court under Road Safety
Act 1986
10
In section 12(1)(c) of the Road Safety Act 1986,
after "suspend" insert ", other than a suspension
in accordance with Part 8 of the Infringements
Act 2005 under section 9AA,".
182. New section 19A and 19B inserted
15
After section 19 of the Road Safety Act 1986
insert--
"19A. Direction not to renew licence
(1) Despite section 19(4), if directed by the
sheriff under section 114 of the
20
Infringements Act 2005, the Corporation
must not renew a driver licence or permit of
a person in respect of whom that direction
applies until notified by the sheriff that the
suspension has ceased because one of the
25
matters referred to in section 115 of that Act
has occurred.
(2) When sending a notice of renewal of a driver
licence or permit in accordance with this Act
to a licence or permit holder in respect of
30
whom a direction has been given under
section 114 of the Infringements Act 2005,
the Corporation must include in the notice of
renewal a notice advising that renewal will
not be granted until one of the matters
35
referred to in section 115 of that Act occurs
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Act No.
Part 14--Amendments to Other Acts
s. 183
because of a direction of the sheriff under
section 114 of that Act.
19B. Renewal of licence or permit
The Corporation may renew a driver licence
or permit which was not renewed by virtue
5
of section 19A when the Corporation
receives notification from the sheriff in
accordance with section 115 of the
Infringements Act 2005.".
183. Suspension of driver licence
10
After section 24(1) of the Road Safety Act 1986
insert--
"(1A) If directed to do so by the sheriff under
section 110 of the Infringements Act 2005,
the Corporation must suspend a driver
15
licence or permit of a person in respect of
whom the direction applies until the sheriff
notifies the Corporation that one of the
matters referred to in section 111 of that Act
has occurred.
20
(1B) The suspension of a driver licence or permit
suspended under sub-section (1A) ceases
when the Corporation receives notification
from the sheriff in accordance with
section 111 of the Infringements Act
25
2005.".
184. Offence to drive or apply for licence while
suspended
(1) In the Road Safety Act 1986--
(a) in section 28A, after "this Act" insert "or the
30
Infringements Act 2005";
(b) in section 28B, after "driver licence or
permit" insert "under this Act or the
Infringements Act 2005".
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Act No.
Part 14--Amendments to Other Acts
s. 185
(2) In the Road Safety Act 1986 in section 30(1), for
"A person" substitute "Subject to section 30AA, a
person".
185. New section 30AA inserted
After section 30 of the Road Safety Act 1986
5
insert--
"30AA. Offence to drive while licence suspended
under Infringements Act 2005
A person must not drive a motor vehicle on a
highway while that person's driver licence or
10
permit is suspended in accordance with
Part 8 of the Infringements Act 2005.
Penalty: 10 penalty units.".
148
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Infringements Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
149
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