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PARLIAMENT OF VICTORIA
Magistrates' Court (Infringements) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Breaking and entering not necessary 2
4. Insertion of Subdivision 8 into Division 3 of Part 4 3
Subdivision 8--Special Powers of the Sheriff in Executing
Warrants 3
82G. Requirement to give name and address 3
82H. Power to temporarily restrain 5
82I. Power to assist police at road checks 6
5. Insertion of section 99A 6
99A. Certain agencies may give information for enforcement
purposes 6
6. Insertion of section 137A 8
137A. How unsold seized property to be handled 8
7. PERIN procedure may be used for certain Commonwealth
offences 9
8. Facilitation of instalment arrangements 9
9. Revocation of enforcement orders 11
10. Insertion of clause 10A into Schedule 7 12
11. Expiry of enforcement orders 12
12. Application of new provisions to the penalty notice provisions 14
13. Insertion of Part 4 into Schedule 7 14
14. Transitional provisions 18
15. Clarification that PERIN sentences of imprisonment are to be
served cumulatively 18
16. Insertion of section 123--Sentencing Act 1991 18
123. Transitional provision--Magistrates' Court
(Infringements) Act 2000 18
17. Amendment to the Chattel Securities Act 1987 19
18. Insertion of section 32--Chattel Securities Act 1987 19
32. Transitional provision--Magistrates' Court
(Infringements) Act 2000 19
ENDNOTES 20
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PARLIAMENT OF VICTORIA
Initiated in Assembly 25 October 2000
A BILL
to amend the Magistrates' Court Act 1989, the Sentencing Act 1991
and the Chattel Securities Act 1987 and for other purposes.
Magistrates' Court (Infringements) Act
2000
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are--
(a) to amend the Magistrates' Court Act
1989--
5 (i) to give infringement notice defaulters a
chance to be heard by a magistrate if
they are imprisoned for more than
2 days; and
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(ii) to facilitate the use of instalment
arrangements for the payment of
infringement penalties; and
(iii) to make various changes in relation to
5 enforcement orders; and
(iv) to enhance sheriff's officers' powers
with respect to the enforcement of
infringement penalties; and
(b) to make minor amendments to the
10 Sentencing Act 1991 and to the Chattel
Securities Act 1987.
2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
15 Assent.
(2) Subject to sub-section (3), the remainder of this
Act comes into operation on a day to be
proclaimed.
(3) If the remainder of this Act does not come into
20 operation before 1 July 2001, it comes into
operation on that day.
3. Breaking and entering not necessary
After section 82D(2) of the Magistrates' Court
Act 1989 insert--
25 "(3) Nothing in this section requires a person to
whom a penalty enforcement warrant is
directed--
(a) to break and enter a property for the
purpose of finding and seizing personal
30 property;
(b) to break and enter a property for the
purpose of finding and seizing personal
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property before arresting the person
named in the warrant.
(4) Despite sub-section (3)(b), a person to whom
a penalty enforcement warrant is directed
5 must not arrest the person named in the
warrant unless the person executing the
warrant reasonably believes that there is not
sufficient personal property of the person
named in the warrant on which to levy the
10 sums named in the warrant together with all
lawful costs of execution.
(5) On the imprisonment of a person for any
reason, if there are any unsatisfied penalty
enforcement warrants outstanding against the
15 person, any person to whom such a warrant
is directed is not required, in executing the
warrant, to serve any notice or to search for,
or seize, any personal property of the
imprisoned person.".
20 4. Insertion of Subdivision 8 into Division 3 of Part 4
After section 82F of the Magistrates' Court Act
1989 insert--
'Subdivision 8--Special Powers of the Sheriff in
Executing Warrants
25 82G. Requirement to give name and address
(1) In this section "sheriff" means the sheriff or
a person directed by the sheriff to execute a
warrant.
(2) This section applies if the sheriff believes on
30 reasonable grounds that a person may be the
defendant named in a warrant being executed
by the sheriff.
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(3) The sheriff may request the person to state
his or her name and ordinary place of
residence or business.
(4) In making the request, the sheriff must
5 inform the person of the grounds for his or
her belief in relation to the person's identity.
(5) A person who, in response to the request--
(a) refuses or fails to comply with the
request without a reasonable excuse for
10 not doing so; or
(b) states a name that is false in a material
particular; or
(c) states an address other than the full and
correct address of his or her ordinary
15 place of residence or business--
is guilty of an offence.
Penalty: 5 penalty units.
(6) A person who is requested to state his or her
name and address may request the person
20 who made the request to state, orally or in
writing, his or her name, position and place
of business.
(7) A person who, in response to such a
request--
25 (a) refuses or fails to comply with the
request; or
(b) states a name or position that is false in
a material particular; or
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(c) states an address other than the full and
correct address of his or her ordinary
place of business--
is guilty of an offence.
5 Penalty: 5 penalty units.
(8) If a person states a name and address in
response to a request made under sub-section
(3) and the sheriff suspects on reasonable
grounds that the stated name or address may
10 be false, the sheriff may request the person
to produce evidence of the correctness of the
name and address.
(9) The person must comply with the request,
unless he or she has a reasonable excuse for
15 not doing so.
Penalty: 5 penalty units.
(10) It is not an offence for a person to fail to
comply with a request made under sub-
section (3) or (8) if the sheriff did not inform
20 the person, at the time the request was made,
that it is an offence to fail to comply with the
request.
82H. Power to temporarily restrain
(1) The sheriff, a person directed by the sheriff
25 to execute a warrant and any person assisting
in the execution of a warrant may restrain a
person who is hindering the execution of the
warrant.
(2) A person restrained under this section must
30 be released as soon as the activity that the
person was hindering has been completed.
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82I. Power to assist police at road checks
(1) This section applies if a member of the
police force exercising a power conferred
(whether directly or by implication) by the
5 Road Safety Act 1986 requests or signals
the driver of a motor vehicle to stop the
vehicle.
(2) Once the vehicle has stopped, the member of
the police force, the sheriff or any person
10 who is a bailiff for the purposes of the
Supreme Court Act 1986 may direct the
driver of the vehicle--
(a) to keep the vehicle stationary;
(b) to drive the vehicle to a designated
15 spot;
(c) to produce his or her driver licence
document or permit document;
(d) to comply with any other reasonable
direction--
20 to enable a determination of whether the
driver, or any person accompanying the
driver, is named in any warrant.
(3) A person who is given a direction under sub-
section (2) must comply with the direction
25 unless he or she has a reasonable excuse for
not doing so.
Penalty: 5 penalty units.'.
5. Insertion of section 99A
After section 99 of the Magistrates' Court Act
30 1989 insert--
'99A. Certain agencies may give information for
enforcement purposes
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(1) In this section, "specified agency" means a
person or body--
(a) that holds information that may be of
use in the enforcement of court orders
5 and fines; and
(b) that is stated by regulations made for
the purposes of this section to be a
specified agency--
but does not include a person or body listed
10 in section 90A(1) of the Melbourne City
Link Act 1995.
(2) Words and expressions used in this section
have the same meanings as in section 124A
and Schedule 7.
15 (3) The registrar of the PERIN Court, the sheriff
and any contractor or sub-contractor
supporting the functions of the PERIN Court
or the sheriff may, for the purpose of the
enforcement of court orders and fines,
20 request information that may assist in
carrying out that purpose from any person or
body.
(4) On the written request of the registrar of the
PERIN Court, the sheriff or any contractor or
25 sub-contractor supporting the functions of
the PERIN Court or the sheriff, a specified
agency may give the person or body making
the request access to any information held by
the agency that may be of use in the
30 enforcement of court orders and fines.
(5) A person who obtains access to any
information as a result of a request made
under this section--
(a) may use the information to enforce
35 court orders and fines; but
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(b) is otherwise subject to all the
requirements and restrictions
concerning the use and disclosure of
the information that apply to the person
5 who provided, or granted access to, the
information in response to the request.'.
6. Insertion of section 137A
After section 137 of the Magistrates' Court Act
1989 insert--
10 "137A. How unsold seized property to be handled
(1) This section applies if personal property
seized, taken or coming into the possession
of the sheriff in the execution of a warrant or
warrants under section 74(a), 82D(1)(b)(i),
15 82F(2) or 111(3)(a)--
(a) is not to be sold; or
(b) is offered for sale but is not bought; or
(c) is bought, but is not collected by the
buyer.
20 (2) The sheriff--
(a) must give the owner of the property (or
the person from whom the property was
seized if the owner is not known) a
written notice--
25 (i) stating that the property is
available for retrieval; and
(ii) providing details of how the
property may be retrieved; and
(b) may dispose of the property in any
30 manner the sheriff considers
appropriate if the property has not been
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retrieved within 3 months after the date
the notice was given or sent.
(3) It is sufficient compliance with sub-section
(2)(a) if the sheriff sends the notice by post
5 to the last known address of the person.".
7. PERIN procedure may be used for certain
Commonwealth offences
In Schedule 7 to the Magistrates' Court Act
1989, in clause 2, for the definition of
10 "infringement notice" substitute--
' "infringement notice" means an infringement notice
under a prescribed provision of--
(a) any Act or statutory rule; or
(b) any local law made under the Local
15 Government Act 1989; or
(c) any Commonwealth Act or subordinate
instrument that applies as a law of Victoria;'.
8. Facilitation of instalment arrangements
In Schedule 7 to the Magistrates' Court Act
20 1989--
(a) after clause 3(2) insert--
"(2A) If--
(a) the enforcement agency is prepared to
accept payment of the infringement penalty
25 and costs by instalments; and
(b) the payment of the infringement penalty
would result in the loss of demerit points
under the Road Safety Act 1986--
the courtesy letter must also contain a warning
30 that entering into an arrangement to pay the
infringement penalty and costs by instalments
will result in the loss of demerit points under
that Act.";
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(b) after clause 3 insert--
"3A. Agreeing to pay by instalments has same effect
as a full payment
(1) This clause applies in respect of an offence that
5 would result in a person losing demerit points
under the Road Safety Act 1986 if the person
were convicted of the offence.
(2) For the purposes of the Road Safety Act 1986,
the person is to be taken as paying the
10 infringement penalty in respect of the offence
on entering into an arrangement to pay the
infringement penalty and costs by
instalments.";
(c) for clause 4(1)(a) substitute--
15 "(a) a document in the form required by the
regulations containing the details required by
the regulations in relation to people--
(i) who have not paid infringement
penalties; or
20 (ii) who entered into arrangements to pay
infringement penalties by instalments,
but who have subsequently failed to
comply with the arrangements; and";
(d) after clause 4(2)(d) insert--
25 "(da) if the person entered into an arrangement to pay
the infringement penalty and any prescribed
costs by instalments--
(i) the person has failed to comply with the
arrangement; and
30 (ii) a specified amount still remains to be
paid under the arrangement; and";
(e) in clause 4(3), after "infringement penalty"
insert "or the part of the infringement
penalty";
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(f) after clause 4(3) insert--
"(3A) Despite sub-clause (3), the registrar must not
register an infringement penalty that is for an
amount less than the amount specified by the
5 regulations for the purposes of this sub-
clause.";
(g) in clause 4(4)--
(i) after "an infringement penalty" insert
"or a part of an infringement penalty";
10 (ii) after "the infringement penalty" insert
"or part";
(h) in clause 5(1)--
(i) after "an infringement penalty" insert
"or a part of an infringement penalty";
15 (ii) after "the infringement penalty"
(wherever occurring) insert "or part";
(i) in clause 5(3)(a), after "infringement
penalty" insert "or the part of the
infringement penalty".
20 9. Revocation of enforcement orders
In Schedule 7 to the Magistrates' Court Act
1989, for clause 10(6) substitute--
"(6) A person who receives a notice under sub-clause
(4)(b) or (c) may apply to the registrar to have the
25 application for revocation referred to the Court.
(7) If the registrar receives an application under sub-
clause (6)--
(a) within 28 days after the date of the notice, the
registrar must refer the matter to the Court
30 under clause 11;
(b) 29 days or more after the date of the notice, the
registrar may refer the matter to the Court
under clause 11.
(8) The registrar may not revoke an enforcement order
35 under this clause if a previous application has been
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made for the revocation of the order unless the person
seeking the revocation has obtained the leave of the
Court to make another application for the
revocation.".
5 10. Insertion of clause 10A into Schedule 7
In Schedule 7 to the Magistrates' Court Act
1989, after clause 10 insert--
"10A. Registrar may refer matter to the Court
(1) The registrar may, on his or her own initiative, revoke
10 an enforcement order and refer the matter of the
alleged offence to the Court for hearing and
determination at any time if the registrar is satisfied
that the matter would be more appropriately dealt
with by the Court.
15 (2) If the registrar revokes an enforcement order under
this clause, he or she must notify the enforcement
agency and the person against whom the order was
made--
(a) that the order has been revoked; and
20 (b) that the matter of the alleged offence has been
referred to the Court for hearing and
determination.
(3) The notification must also include details of the
reasons why the order was revoked.".
25 11. Expiry of enforcement orders
In Schedule 7 to the Magistrates' Court Act
1989, after clause 14 insert--
"14A. Expiry of enforcement orders
(1) This clause does not apply to an enforcement order in
30 respect of which a warrant has been issued under the
Service and Execution of Process Act 1992 of the
Commonwealth.
(2) An enforcement order expires--
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(a) if an arrangement to pay a fine by instalments,
or to delay the payment of a fine, was entered
into after the order was made and there is a
failure to comply with the arrangement, 5 years
5 after the last of these events occurs--
(i) the entering into of the arrangement;
(ii) the making of the last payment;
(b) if a penalty enforcement warrant has been
issued in respect of the order, on that warrant
10 becoming void;
(c) in any other case, 5 years after the order was
made.
(3) If an enforcement order expires as a result of sub-
clause (2)(a)(ii), (b) or (c), any amount still
15 outstanding in respect of the fine for which it was
made ceases to be enforceable or recoverable.
(4) On the expiry of an enforcement order, any warrant to
seize property that was issued in respect of that order
is void.
20 (5) An enforcement order that has expired may be
reinstated by the registrar on the application of the
enforcement agency.
(6) Despite sub-clause (3), if an enforcement order is
reinstated, the fine in respect of which it was made
25 again becomes enforceable or recoverable as if there
had been no cessation.
(7) Sub-clause (2) does not apply to a reinstated
enforcement order.
(8) A reinstated enforcement order expires 5 years after it
30 was reinstated.
14B. Cancellation of enforcement orders where interstate
execution has been tried
(1) This clause only applies to an enforcement order in
respect of which a warrant has been issued under the
35 Service and Execution of Process Act 1992 of the
Commonwealth.
(2) The registrar must recall the warrant as soon as is
practicable after--
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(a) if an arrangement to pay the fine by
instalments, or to delay the payment of the fine,
was entered into in Victoria after the
enforcement order was made and there was a
5 failure to comply with the arrangement, the
fifth anniversary of the last of these events to
occur--
(i) the entering into of the arrangement;
(ii) the making of the last payment;
10 (b) in any other case, the fifth anniversary of the
making of the enforcement order.
(3) On the recall of the warrant, the registrar must cancel
the warrant.
(4) On the cancellation of the warrant, the enforcement
15 order expires.".
12. Application of new provisions to the penalty notice
provisions
In Schedule 7 to the Magistrates' Court Act
1989, in clause 15, after "Clauses 3 to 9" insert
20 "and 10A, 14A and 14B".
13. Insertion of Part 4 into Schedule 7
In Schedule 7 to the Magistrates' Court Act
1989, after Part 3 insert--
"PART 4--IMPRISONMENT
25 21. Application of this Part
(1) This Part applies if--
(a) a person is arrested and lodged at a police gaol
appointed as a prison under a penalty
enforcement warrant; and
30 (b) either--
(i) the person is assessed as being unsuitable
for a custodial community permit under
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section 57 of the Corrections Act 1986;
or
(ii) the person is not issued with a custodial
community permit within 48 hours of
5 being lodged at the gaol.
(2) This Part also applies if--
(a) a person is arrested and lodged at a police gaol
appointed as a prison under a penalty
enforcement warrant; and
10 (b) the person is issued a custodial community
permit; and
(c) the person breaches a condition that applies to
the permit and is arrested as a result of that
breach.
15 22. Person to be brought before the Court
(1) The person must be brought before the Court as soon
as is practicable.
(2) If it is not practicable to bring the person before the
Court within 48 hours of the person being lodged at
20 the gaol--
(a) a date for the person to appear before the Court
must be fixed; and
(b) if the person is not being held in lawful custody
for any other reason, the person must be
25 released within 48 hours of being lodged at the
gaol, and must be given a written notice
requiring him or her to appear before the Court
on that date.
(3) Sub-clause (2) does not apply to a person who was
30 arrested for breaching the conditions of a custodial
community permit.
(4) This clause ceases to apply if, while a person is held
in custody, the penalty enforcement warrant is
satisfied.
35 23. Adjournment of hearing
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(1) After giving a person brought before it under
clause 22 an opportunity to be heard, the Court
may--
(a) discharge the fine, either in whole or in part; or
5 (b) adjourn the further hearing of the matter for a
period of up to 6 months.
(2) The Court may only act under sub-clause (1) if it is
satisfied that the main reason the person committed
the offence for which the infringement notice was
10 issued, or the main reason why the person failed to
pay the fine or comply with an instalment
arrangement, is one or more of the following--
(a) a mental disorder which the person has; or
(b) an intellectual impairment, a brain injury or
15 dementia which the person has.
(3) The Court may make the granting of an adjournment
subject to any conditions that it considers to be
appropriate.
(4) On resuming a hearing adjourned under sub-clause
20 (1), the Court may discharge the fine, either in whole
or in part, if it is satisfied that the person--
(a) has complied with any conditions imposed in
adjourning the hearing; and
(b) has no means to pay the fine or has a
25 reasonable excuse for not paying the fine.
24. Other powers of the Court
(1) This clause applies if the Court, after giving a person
brought before it under clause 22 an opportunity to be
heard--
30 (a) discharges a fine in part only under clause
23(1)(a); or
(b) is not prepared to grant an adjournment under
clause 23(1)(b); or
(c) granted an adjournment under clause 23(1)(b),
35 but is not prepared to wholly discharge the fine
under clause 23(4).
(2) The Court may--
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(a) order that the person be imprisoned for a period
of 1 day in respect of each $100 or part of $100
of the amount of the fine then remaining unpaid
or undischarged; or
5 (b) order that the person be imprisoned for a period
that is up to two thirds less than the period that
may be specified under paragraph (a); or
(c) if the Court is satisfied that there are
exceptional circumstances, make a community-
10 based order under the Sentencing Act 1991 in
respect of the person.
(3) The Court must endorse any order it makes under
sub-clause (2) on the penalty enforcement warrant.
25. Onus on person to satisfy Court
15 A person brought before the Court under this Part
bears the onus of satisfying the Court with respect to
any matter before the Court.
26. Restriction on issue of custodial community permits
If the Court orders that a person be imprisoned under
20 clause 24(2), then despite anything to the contrary in
section 57 of the Corrections Act 1986, the Secretary
(as defined in that Act) must not issue a custodial
community permit to the person under section
57(1)(c) in respect of that imprisonment.
25 27. Procedure if person fails to attend Court as required
(1) This clause applies if a person who was released
under clause 22(2)(b) fails to appear before the Court
as required in the notice given to the person under
that clause.
30 (2) The Court must order the issue of a warrant to arrest
the person directed to the sheriff.
(3) The sheriff is authorised to execute a warrant of arrest
for the purposes of this clause.
(4) Despite anything to the contrary in section 64(2), after
35 arresting a person for the purposes of this clause, the
sheriff must bring the person before the Court as soon
as is practicable after the arrest.
(5) Section 64(3) does not apply to a person arrested on a
warrant to arrest issued under this clause.".
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14. Transitional provisions
At the end of Schedule 8 to the Magistrates'
Court Act 1989 insert--
"23. Any amendment of this Act made by the
5 Magistrates' Court (Infringements) Act 2000
applies to infringement notices, enforcement orders,
warrants and custodial community permits issued
before as well as after the commencement of that Act.
24. Despite clause 23, any enforcement order or warrant
10 to seize property that was made or issued more than
5 years before the date section 11 of the Magistrates'
Court (Infringements) Act 2000 came into operation
expires on that date.".
15. Clarification that PERIN sentences of imprisonment
15 are to be served cumulatively
After section 16(2) of the Sentencing Act 1991
insert--
"(2A) A reference in sub-section (2) to a term of
imprisonment imposed on a person by a
20 court is to be read as including a reference to
a term of imprisonment imposed on a person
under Schedule 7 to the Magistrates' Court
Act 1989.".
16. Insertion of section 123--Sentencing Act 1991
25 After section 122 of the Sentencing Act 1991
insert--
"123. Transitional provision--Magistrates' Court
(Infringements) Act 2000
(1) The amendment of section 16 of this Act
30 made by section 15 of the Magistrates'
Court (Infringements) Act 2000 applies to
any person who begins a term of
imprisonment on or after the commencement
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of section 15 of the Magistrates' Court
(Infringements) Act 2000, irrespective of
when the term of imprisonment was
imposed.
5 (2) For the purposes of sub-section (1), a person
can only begin a term of imprisonment if,
immediately before the term of
imprisonment began, the person was not
serving any other term of imprisonment
10 imposed on him or her.".
17. Amendment to the Chattel Securities Act 1987
In section 3(1) of the Chattel Securities Act
1987, in the definition of "security interest", omit
"penalty enforcement".
15 18. Insertion of section 32--Chattel Securities Act 1987
After section 31 of the Chattel Securities Act
1987 insert--
'32. Transitional provision--Magistrates' Court
(Infringements) Act 2000
20 The amendment made to the definition of
"security interest" by section 17 of the
Magistrates' Court (Infringements) Act
2000 only applies to security interests
coming into existence on or after the
25 commencement of section 17 of the
Magistrates' Court (Infringements) Act
2000.'.
19
541122B.I1-27/10/2000 BILL LA CIRCULATION 27/10/2000
Magistrates' Court (Infringements) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
20
541122B.I1-27/10/2000 BILL LA CIRCULATION 27/10/2000
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