Victorian Current Acts

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INFRINGEMENTS ACT 2006


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act to be read as one with Magistrates' Court Act 1989 and Criminal Procedure Act 2009  
   5.      Guidelines  
   6.      Reports to Attorney-General  
   7.      Infringement offences to which this Act applies  

   PART 2--INFRINGEMENT NOTICES--PRE‑ENFORCEMENT STAGE

   8.      Issuing officer may serve an official warning  
   9.      Enforcement agency guidelines and policies  
   10.     Official warning does not affect other powers  
   11.     Withdrawal of official warning  
   12.     Service of infringement notice  
   13.     Forms of infringement notice  
   14.     Payment to be within time specified  
   15.     Late payment  
   16.     Person may elect to have matter heard in Court or Children's Court  
   17.     Enforcement agency can refer matter to Court or Children's Court  
   18.     Withdrawal of infringement notice  
   19.     Form of withdrawal notice  
   20.     Effect of withdrawal  
   21.     Application of Division  
   22.     Application for internal review  
   23.     Request for additional information  
   24.     Review by enforcement agency  
   25.     What can an enforcement agency decide on review?  
   26.     Time to pay if decision confirmed  
   27.     Review terminated if matter goes to Court or Children's Court  
   27A.    Work and development permits  
   27B.    Application for work and development permit  
   27C.    Approval of work and development permit  
   27D.    Effect of work and development permit  
   27E.    Variation or cancellation of work and development permit  
   27F.    Infringement penalty may be waived in limited circumstances  
   27G.    Accredited agencies  
   27H.    Accredited health practitioners  
   27I.    Monitoring of accredited agencies and accredited health practitioners  
   27J.    Record-keeping by accredited agencies and accredited health practitioners  
   27K.    Accreditation may be cancelled or surrendered  
   27L.    Work and development permit guidelines  
   28.     Application of Division  
   29.     Penalty reminder notices  
   30.     Person may elect to have matter heard and determined in Court or Children's Court  
   31.     Exceptions to expiation  
   32.     Expiating the offence  
   33.     Effect of expiation  
   34.     Demerit point schemes  
   35.     Effect of paying by instalments or agreeing to be subject to work and development permit for demerit point purposes  
   39.     Penalty to be refunded if election to go to Court is made  
   40.     Decision to go to Court—lodgeable infringement offences  
   40A.    Going to Court—indictable offences  
   41.     Avoiding service  
   41A.    Extension of time for commencement of proceedings if work and development permit cancelled  

   PART 3--PAYMENT PLANS

   42.     Central payment plan facility  
   43.     Functions of Secretary under this Part  
   44.     Powers of Secretary  
   45.     Delegation  
   46.     Payment plans available in certain circumstances  
   47.     Payment plans  
   48.     When does payment plan commence?  
   49.     Payment plans—additions, removals and cancellations  
   50.     Allocation of money received under payment plan  
   51.     Provision of current contact details  
   52.     Defaulting on a payment plan  
   53.     Payment plans may extend period for bringing proceedings for offence  

   PART 3A--INTERNAL REVIEW OVERSIGHT

   53A.    Guidelines  
   53B.    Oversight and monitoring by Secretary  
   53C.    Recommendations to enforcement agencies  
   53D.    Reports and recommendations to Attorney-General  

   PART 4--LODGING INFRINGEMENT PENALTIES AND ENFORCEMENT ORDERS

   54.     Lodgement of infringement penalty with infringements registrar  
   55.     Extended period for lodgement  
   56.     Extension of period for bringing prosecution for summary offences  
   57.     Reliance on lodged material  
   58.     Agency may request enforcement order not be made  
   59.     Enforcement orders  
   60.     Enforcement order notice  
   61.     Effect of enforcement order  
   62.     Expiry of enforcement orders  
   63.     Reinstatement after enforcement order has expired  
   63A.    Application of Division  
   64.     Infringements registrar may revoke enforcement order and refer matter to Court  
   65.     Applications for revocation of enforcement orders  
   66.     Powers to revoke enforcement orders  
   67.     Powers to vary costs or fees  
   68.     Referral to Court of application for revocation  
   69.     Enforcement agency may request non-prosecution of offence  
   70.     Fine to be refunded if matter referred to Court  
   71.     Decision to go to Court  
   71A.    Going to Court—indictable offences  
   72.     Hearing by the Court  
   73.     Avoiding service  
   74.     Application for re-hearing  
   75.     Notice of intention to apply for re-hearing  

   PART 5--PAYMENT ORDERS

   76.     Applying for payment order  
   77.     Infringements registrar may make payment order  
   78.     Consequences of default under a payment order  
   79.     Allocation of money under payment order  

   PART 6--INFRINGEMENT WARRANTS

   80.     Issue of infringement warrants  
   81.     Fees to be included  
   81A.    Recall and cancellation of infringement warrant  
   82.     What does an infringement warrant authorise?  
   83.     Person arrested under infringement warrant may be bailed  
   84.     Persons to whom infringement warrant may be directed  
   85.     Unexecuted infringement warrants  
   86.     Consolidation of warrants in execution copy  
   87.     Notice of seizure of property  
   88.     Warning of execution of infringement warrant—seven-day notice  
   89.     What can be done during period of the seven-day notice?  
   90.     Executing infringement warrant after 7 day period  
   91.     Enforcement against bodies corporate  
   92.     Reduction of imprisonment by payment of portion of fine  
   93.     Rules etc. with respect to execution of infringement warrant  
   94.     Warrant void after 5 years  
   94A.    Infringements registrar may stay infringement warrant  
   94B.    Fresh infringement warrant following expiry  

   PART 7--DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES

   95.     Application of Part  
   96.     Detention or immobilisation of motor vehicles  
   97.     Powers to detain, immobilise and seize  
   98.     Powers to tow  
   99.     Notice to be provided on detention or immobilisation  
   100.    Recovery of motor vehicle by registered operator within prescribed period  
   101.    Seizure and sale  
   102.    Recovery of motor vehicle or item by third party before sale  
   103.    Sheriff may return motor vehicle or items of low monetary value  
   104.    Application of proceeds of sale  
   105.    Section 42 of the Supreme Court Act 1986 does not apply  
   106.    Buyer acquires good title  
   107.    Offence to tamper with or remove means used to immobilise motor vehicle  

   PART 8--SUSPENSION OF DRIVER LICENCES ANDREGISTRATION OF MOTOR VEHICLE OR TRAILER

   108.    Meaning of person in default in this Part  
   109.    Action under this Part  
   110.    Sheriff may direct VicRoads to suspend driver licence  
   111.    When does suspension of driver licence cease?  
   112.    Sheriff may direct VicRoads to suspend vehicle registration  
   113.    When does suspension of registration cease?  
   114.    Direction not to renew driver licence or motor vehicle registration  
   115.    Renewal of licence or registration  
   116.    Direction not to transfer registration  
   117.    When can transfer of registration occur?  
   118.    Cessation of suspension under this Act does not affect any other suspension  
   119.    Avoidance of certain provisions in contracts of insurance  

   PART 9--ORAL EXAMINATION

   120.    Summons for oral examination  
   121.    What happens if person does not attend oral examination?  

   PART 10--ATTACHMENT OF EARNINGS ORDERS AND ATTACHMENT OF DEBTS ORDERS

   123.    When can an attachment of earnings order be made?  
   124.    Service of an attachment of earnings order  
   125.    Infringements registrar may investigate person's employment details  
   126.    Variation, discharge or suspension of attachment of earnings order  
   127.    Compliance with an attachment of earnings order  
   128.    Employer obligations in respect of an attachment of earnings order  
   128A.   Allocation of money under attachment of earnings order  
   128B.   Infringement warrant stayed if attachment of earnings order made  
   129.    When can an attachment of debts order be made?  
   130.    Service and effect of attachment of debts order  
   131.    Dispute of liability by garnishee  
   132.    Variation, discharge or suspension of attachment of debts order  
   133.    Compliance with an attachment of debts order  
   133A.   Allocation of money under attachment of debts order  
   133B.   Infringement warrant may be stayed if attachment of debts order made  

   PART 11--CHARGES OVER AND SALE OF REAL PROPERTY

   134.    Application of Part  
   135.    Application for order charging land  
   136.    Court may make order charging land  
   137.    Land becomes subject to charge  
   138.    Application for removal of charge over land  
   139.    Court may order removal of charge  
   140.    Removal order to be lodged with Registrar of Titles  
   141.    Powers of Registrar of Titles  
   142.    Owner to be notified of charge  
   143.    Power of sale  
   144.    Notice of intention to sell  
   145.    Sale to be treated as sale by mortgagee  
   146.    Application of proceeds of sale  

   PART 12--INFRINGEMENT OFFENDERS, COMMUNITYWORK PERMITS AND IMPRISONMENT

   146A.   Definition  
   147.    When a community work permit may be issued  
   148.    Community work permit  
   149.    Core conditions of community work permits  
   150.    Program condition  
   151.    Cumulative periods of work under community work permits and orders under the Sentencing Act 1991  
   152.    Community work  
   153.    Secretary may direct infringement offender to report at another place  
   154.    Suspension of community work permit  
   155.    Variation or cancellation of community work permit  
   156.    Breach of community work permit  
   157.    Part payment of outstanding fines to reduce community service  
   157A.   Hours worked reduces outstanding fines  
   158.    Application of this Division  
   159.    Infringement offender to be brought before the Court  
   160.    Powers of the Court  
   160AA.  Additional powers of the Court  
   160AB.  Term of imprisonment  
   160A.   Variation of instalment order  
   160B.   Application for rehearing in certain circumstances  
   160C.   Determination of rehearing  
   160D.   Application for bail pending rehearing  
   160E.   Infringement offender in custody  
   161.    Reduction of imprisonment by payment of part of outstanding fines  
   161A.   Application of the sheriff on behalf of person in custody  
   161B.   Time served orders  
   161C.   Orders of Court for any outstanding fine or any remaining amount  
   161D.   Additional powers of the Court  
   161E.   Term of imprisonment including whether cumulative or concurrent  
   161F.   Contact details of person  
   161G.   Variation of instalment order  
   161H.   Application for rehearing in certain circumstances  
   161I.   Determination of rehearing  
   161J.   Application for bail pending rehearing  
   161K.   Person in custody  

   PART 13--GENERAL

   162.    Service of documents  
   163.    Substituted service  
   163A.   Service deemed despite document being returned to sender  
   164.    Certain agencies may give information for enforcement purposes  
   165.    Police may assist sheriff  
   166.    Police may exercise certain powers of sheriff  
   167.    Offence to give false information  
   168.    Regulations  

   PART 15--TRANSITIONAL AND SAVINGS PROVISIONS

   186.    Definition  
   187.    General transitional provision  
   188.    Infringement offences  
   189.    Infringement notices  
   190.    Form of infringement notice  
   191.    Courtesy letters  
   192.    Decision to go to Court  
   193.    Payment plans  
   194.    Infringement penalties registered under former scheme  
   195.    Enforcement orders made and notices of enforcement order sent under former scheme  
   196.    Applications for an order to pay fine by instalments and extensions of time to pay under former scheme  
   197.    Orders to pay fine by instalments and extension of time to pay under former scheme  
   198.    Pending revocation applications under former scheme  
   199.    Enforcement orders revoked under former scheme  
   200.    Pending hearings under the former scheme  
   201.    Seven-day notice  
   202.    Unexecuted warrants issued under former scheme  
   203.    Former scheme warrants where execution has commenced  
   204.    Registrars in PERIN Court  
   205.    Superseded references  
   206.    Enforcement agencies  
   207.    PERIN offences  
   208.    Deemed service  
   209.    Clauses 28 and 29 of Schedule 7 continue to have effect  
   209A.   Period for lodgement  
   210.    Regulations dealing with transitional matters  
   211.    Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010  
   211A.   Regulations dealing with transitional matters—Fines Reform and Infringements Acts Amendment Act 2016  

   PART 16--FURTHER SAVINGS AND TRANSITIONAL PROVISIONS

   211B.   General transitional provision  
   211C.   Definitions  
   211D.   Internal review applications  
   211E.   Person unaware  
   211F.   Imprisonment  
   211G.   Applications made under section 161A  
           ENDNOTES
           SCHEDULE


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