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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

  • 10Z Review of FVS  

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

  • 173A 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

  • 185 Regulations  

PART 16--TRANSITIONAL PROVISIONS

PART 17--AMENDMENT OF INFRINGEMENTS ACT 2006

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  

Division 1--of Part 3 of the Infringements Act 2006 is repealed.

  • 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

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