FINES REFORM ACT 2014
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Objectives
PART 2--DIRECTOR, FINES VICTORIA
- 4 Director, Fines Victoria
- 5 Functions and powers of the Director
- 6 Powers of the Director
- 7 Staff
- 8 Delegation
- 9 Powers to waive or reduce costs or fees
- 10 Director has standing to appear or be represented at certain hearings
PART 2A--WORK AND DEVELOPMENT PERMITS
- 10A Work and development permits
- 10B Application for work and development permit
- 10C Approval of work and development permit
- 10D Effect of work and development permit
- 10E Variation or cancellation of work and development permit
- 10F Infringement fine may be waived in limited circumstances
- 10FA Work and development permit may extend period for commencing proceeding for offence
- 10G Accredited agencies
- 10H Accredited health practitioners
- 10I Monitoring of accredited agencies and accredited health practitioners
- 10J Record-keeping by accredited agencies and accredited health practitioners
- 10K Accreditation may be cancelled or surrendered
- 10L Work and development permit guidelines
PART 2B--FAMILY VIOLENCE SCHEME
Division 1--Family violence scheme applications
- 10M FVS application
- 10N Form of FVS application
- 10O FVS application to be made before certain events
- 10P Additional eligible infringement offence during FVS application
- 10Q Request for additional information
- 10R Verification of information supplied in FVS application
- 10S Suspension of enforcement action for infringement offence the subject of FVS application
Division 2--Determination of FVS application
- 10T Determination of FVS eligible person
Division 3--FVS eligible persons
- 10U Cancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person
- 10V Suspension of enforcement of operator onus offence in relation to FVS eligible person
Division 4--FVS ineligible persons
- 10W FVS applicant ineligible for family violence scheme
Division 5--Referral of infringement offence to enforcement agency
Division 6--Review of family violence scheme
PART 3--MANAGEMENT FOR COLLECTION AND ENFORCEMENT OF FINES BY DIRECTOR
Division 1--Application of Part
- 11 Part does not apply to children
Division 2--Referral for collection and registration of court fines
- 12 Division does not derogate from Sentencing Act 1991
- 13 Referral for collection of court fine by Director
- 14 Court fine collection statement
- 15 Registration of court fine for enforcement
Division 2A--Referral of enforcement hearing orders, registration of collection and enforcement orders
- 15A Division does not derogate from Sentencing Act 1991
- 15B Referral of enforcement hearing orders to Director for collection
- 15C Enforcement hearing order statement
- 15D Referral of collection order by Director to court on default
- 15E Registration of collection and enforcement order
Division 3--Registration of infringement fines for enforcement
- 16 Registration of infringement fine with Director
- 17 Extended period for registration
- 18 Extension of period for commencing prosecution for summary offences
- 19 Reliance on material registered
- 20 Director may decide that enforcement of infringement offence under this Act is not appropriate
- 21 Enforcement agency may prosecute or withdraw infringement notice
- 21A Notice to Director on enforcement agency filing a charge‑sheet
Division 4--Notices of final demand
- 22 Enforcement agency may request notice of final demand not be served
- 23 Notice of final demand
- 24 Content of notice of final demand
- 25 Effect of notice of final demand in case of registered infringement fine
Division 5--Fines of bodies corporate
- 26 Registered fine of body corporate is recoverable as debt
- 27 Options for enforcement of body corporate fine
- 28 Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced
- 29 Declared director
- 30 Director of body corporate may challenge being declared director
PART 4--ENFORCEMENT REVIEW
- 31 Application of Part
- 32 Application for enforcement review
- 32A More time to obtain evidence in certain circumstances
- 33 Limit on applications for enforcement review
- 34 Request for additional information
- 35 Enforcement review
- 36 Conduct of enforcement actions during enforcement review
- 37 Outcome of enforcement review
- 38 Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation
- 38A Notice to Director on filing charge-sheet following enforcement cancellation
- 39 Extended period for commencing proceeding for offence
- 40 Time to pay or enter payment arrangement if infringement confirmation served
- 41 Other powers of review not affected
PART 5--PAYMENT ARRANGEMENTS
- 42 Person may apply for payment arrangement
- 43 Referral of infringement fine for payment arrangement
- 44 Refusal of application for payment arrangement
- 45 Offering proposed payment arrangements
- 46 Content of payment arrangement
- 47 Commencement of payment arrangements
- 48 Payment arrangements—removals
- 49 Cancellation by request of person to whom payment arrangement applies
- 50 Variation of payment arrangement
- 51 Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made
- 52 Director's power to make payment arrangements
- 53 Allocation of money received under payment arrangement
- 54 Provision of current contact details
- 55 Payment arrangement may extend period for commencing a proceeding for offence
- 56 Default on a payment arrangement results in other enforcement action
- 57 Enforcement action on default, cancellation or removal if payment is not complete
- 58 Payment arrangement has same effect as a full payment—demerit point schemes
PART 6--ORAL EXAMINATION AND PRODUCTION OF INFORMATION
- 59 Director may direct production of information
- 60 Offence not to comply with production of information direction
- 61 Use of information obtained by production of information direction
- 62 Director may apply for a summons for oral examination and production of information
- 63 Summons for oral examination and production of information
- 64 What happens if person does not attend oral examination?
PART 7--ATTACHMENT OF EARNINGS DIRECTIONS AND ATTACHMENT OF DEBTS DIRECTIONS
Division 1--Attachment of earnings direction
- 65 When can an attachment of earnings direction be made?
- 66 Notice of direction to be served on fine defaulter and employer
- 67 Director may request information
- 68 Protected level of income
- 69 Employer obligations in respect of an attachment of earnings direction
- 70 Variation, cancellation or suspension of attachment of earnings direction
- 71 Cessation of attachment of earnings direction
- 72 Compliance with an attachment of earnings direction
- 73 Employee not to be prejudiced because of attachment of earnings direction
- 74 Determining the earnings of an employee for the purposes of this Division
- 75 Two or more employers of one fine defaulter
- 76 Allocation of money under attachment of earnings direction
- 77 Enforcement action suspended if attachment of earnings direction made
Division 2--Attachment of debts direction
- 78 When can an attachment of debts direction be made?
- 79 ADI account
- 80 Service and effect of attachment of debts direction
- 81 Dispute of liability by garnishee
- 82 Obligations of ADI or co-operative receiving or holding payments of garnishee on behalf of fine defaulter
- 83 Obligations of fine defaulter
- 84 Variation, cancellation or suspension of attachment of debts direction
- 85 Compliance with an attachment of debts direction
- 86 Allocation of money under attachment of debts direction
- 87 Enforcement action suspended if attachment of debts direction made
PART 8--DRIVER AND VEHICLE SANCTIONS
- 88 Application
- 89 Sanctions that may be imposed on a fine defaulter
- 90 Effect of further amounts being added to amounts outstanding
- 91 Cessation of driver and vehicle sanction
- 92 Cessation of driver and vehicle sanction does not affect any other suspension
- 93 Avoidance of certain provisions in contracts of insurance
- 94 Cancellation of registration of vehicle registered in name of deregistered body corporate
- 94A Vehicle in name of business
PART 9--CHARGES OVER LAND AND SALE OF REAL PROPERTY
- 95 Director may serve notice of intention to charge land
- 95A Fine defaulter must not dispose of land after service of notice of intention to charge land
- 96 Power of Director to apply for land charge to be recorded
- 97 Land becomes subject to charge
- 98 Removal of land charge
- 99 Powers of Registrar of Titles
- 100 Owner to be notified of land charge or removal of land charge
- 101 Notice of intention to sell charged land
- 102 Power of sale
- 103 Sale to be treated as sale by mortgagee
- 104 Access to property and information about land
- 105 Application of proceeds of sale
PART 10--ENFORCEMENT WARRANTS
- 106 Issue of enforcement warrant
- 107 Fees to be included in enforcement warrant
- 108 Recall and cancellation of enforcement warrant
- 109 What does an enforcement warrant authorise?
- 110 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
- 111 Execution of enforcement warrant—contravention of community work permit
- 112 Execution of enforcement warrant against imprisoned person
- 113 Bail Act 1977 applies to person arrested
- 114 Prescribed form of enforcement warrant
- 115 Persons to whom enforcement warrant may be directed
- 116 Unexecuted enforcement warrants
- 117 Consolidation of enforcement warrants in execution copy
- 118 Notice of seizure of property
- 119 Warning of execution of enforcement warrant—seven-day notice
- 120 What can be done during period of the seven-day notice?
- 121 Executing enforcement warrant after expiry of seven‑day notice
- 122 Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order
- 123 Rules etc. with respect to execution of enforcement warrant
- 124 How long does an enforcement warrant remain in force?
- 125 Stay of enforcement warrant
PART 11--DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES
- 126 Application of Part
- 127 Detention or immobilisation of motor vehicles
- 128 Powers to detain, immobilise and seize
- 129 Powers to tow
- 130 Notice to be provided on detention or immobilisation
- 131 Recovery of motor vehicle by registered operator within prescribed period
- 132 Vehicle seizure and sale
- 133 Recovery of motor vehicle or item by third party before sale
- 134 Sheriff may return motor vehicle or items of low monetary value
- 135 Application of proceeds of sale
- 136 Section 42 of the Supreme Court Act 1986 does not apply
- 137 Buyer acquires good title
- 138 Offence to tamper with or remove means used to immobilise motor vehicle
PART 12--REMOVAL OF NUMBER PLATES
- 139 Application of Part
- 140 Power to remove number plates
- 141 Notice to be provided on removal of number plates
- 142 Director must notify Transport Secretary of removal of number plates
- 143 Transport Secretary must immediately suspend registration of motor vehicle
- 144 Number plates to be kept in safe custody
- 145 Return of number plates to registered operator in specified circumstances
- 146 Sheriff or police officer may reaffix number plates
- 147 Notification to Director of returned number plates
- 148 Cessation of suspension of registration sanction under this Part does not affect any other suspension
- 149 Avoidance of certain provisions in contracts of insurance
PART 13--INFRINGEMENT OFFENDER COMMUNITY WORK PERMITS
- 150 When a community work permit may be issued
- 151 Community work permit
- 152 Conditions of community work permits
- 153 Direction of Secretary—reporting of infringement offender
- 154 Cancellation of community work permit on failure to report
- 155 Cumulative periods of work under community work permits and orders under the Sentencing Act 1991
- 156 Community work
- 157 Secretary may direct infringement offender to report at another place
- 158 Suspension of community work permit
- 159 Variation or cancellation of community work permit
- 160 Contravention of community work permit
- 161 Part payment of registered infringement fines to reduce community work
- 162 Hours worked reduces registered infringement fines
PART 14--REGISTERED INFRINGEMENT FINES, REGISTERED COURT FINES, REGISTERED COLLECTION AND ENFORCEMENT ORDERS, IMPRISONMENT AND TIME SERVED ORDERS
Division 1--Person in default and imprisonment
- 163 Definitions
- 164 Person in default to be brought before the Magistrates' Court
- 165 Powers of the Magistrates' Court
- 165A Additional powers of the Magistrates' Court
- 165B Term of imprisonment
- 166 Variation of instalment order
- 167 Application for rehearing in certain circumstances
- 168 Determination of rehearing
- 169 Application for bail pending rehearing
- 170 Order to imprison person in default stayed
- 171 Reduction of imprisonment by payment of part of relevant infringement fine
Division 1A--Request by person to Director for waiver or to make application to Court
- 171AA Application of Division
- 171AB Request to Director for waiver or to make application for time served order
- 171AC Appropriate action—application to the relevant court by Director
- 171AD Director must waive payment of relevant infringement fines or relevant court fines if section 171AC does not apply
- 171AE Effect of waiving payment of outstanding amount of relevant infringement fine
Division 2--Time served orders in respect of relevant infringement fines and relevant court fines
- 171AF Definitions
- 171A Application of the Director on behalf of person
- 171B Time served orders
- 171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount
- 171D Additional powers of the relevant court
- 171E Term of imprisonment including whether cumulative or concurrent
- 171F Contact details of person
- 171G Variation of instalment order
- 171H Application for rehearing in certain circumstances
- 171I Determination of rehearing
- 171J Application for bail pending rehearing
- 171K Person in custody
- 171L Waiver of additional fees and costs
Division 3--Enforcement and payment reports
- 172 Enforcement and payment report
- 173 Distribution of enforcement and payment report
PART 14A--ADMINISTRATIVE SERVICES AGREEMENTS
Division 1--Definitions
Division 2--Agreements
- 173B Ministers may enter into administrative services agreements
- 173C Subject matter of administrative services agreement
- 173D Rights of access
- 173E Right of intervention in management
- 173F Audit rights
- 173G Status of documents
- 173H Unauthorised access to or interference with data
- 173I Confidentiality
PART 15--GENERAL
Division 1--Information collection
- 174 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines
- 175 Specified agency must comply unless certain cases apply
- 176 Restriction on Director and sheriff in relation to use of required information
- 177 Access to and use of information held by credit reporting bodies
- 178 Certain agencies may give information for enforcement purposes
Division 2--Service
- 179 Service of documents
- 180 Substituted service
- 181 Service deemed despite document being returned to sender
Division 3--Other matters
- 182 Police may assist sheriff
- 183 Police may exercise certain powers of the sheriff
- 184 Offence to give false information
- 184A Minor defects or errors in a notice
Division 4--Regulations
PART 16--TRANSITIONAL PROVISIONS
Division 1--Amendment of preliminary provisions
Division 2--Infringement notices
- 208 Service of infringement notice
- 209 Payment to be within time specified
- 210 Late payment
- 211 Person may elect to have matter heard in Court or Children's Court
- 212 Enforcement agency can refer matter to Court or Children's Court
- 213 Withdrawal of infringement notice
Division 3--Internal reviews
- 215 Application for internal review
- 217 What can an enforcement agency decide on review?
- 219 Penalty reminder notices
- 225 Heading to Division 7 of Part 2 amended
- 226 Decision to go to Court—lodgeable infringement offences
- 227 Going to Court—indictable offences
- 228 Avoiding service
Division 4--Payment plans
- 229 Establishment of the central payment plan facility
- 230 Payment plans available in certain circumstances
- 231 Payment plans
- 232 Section 48 substituted
- 233 Payment plans—additions, removals and cancellations
- 234 New sections 49A and 49B inserted
- 235 Allocation of money received under payment plan
- 236 Provision of current contact details
- 237 Section 52 substituted and new section 52A inserted
- 238 Section 53 amended
- 239 Guidelines
- 239A Oversight and monitoring by Secretary
- 239B Recommendations to enforcement agencies
- 239C Reports and recommendations to Attorney-General
Division 5--Repeals and further consequential amendments
- 240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed
- 241 Service of documents
- 242 Service deemed despite document being returned to sender
- 243 Sections 164, 165 and 166 repealed
- 244 Regulations—provisions repealed
- 246 Sections 190, 191, 205, 206 and 209A repealed
- 247 New Division 3 inserted into Part 16
PART 18--TRANSITIONAL PROVISIONS--JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021