INFRINGEMENTS ACT 2006

Victorian Consolidated Legislation

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INFRINGEMENTS ACT 2006

No. 12 of 2006
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

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

PART 2-INFRINGEMENT NOTICES-PRE-ENFORCEMENT STAGE

Division 1-Official warnings

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

Division 2-Infringement notices

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

Division 3-Internal reviews

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

Division 4-Penalty reminder notices

28. Application of Division
29. Penalty reminder notices
30. Person may elect to have matter heard and determined in
Court or Children's Court

Division 5-Expiation and demerit schemes

31. Exceptions to expiation
32. Expiating the offence
33. Effect of expiation
34. Demerit point schemes
35. Agreeing to pay by instalments has same effect as a full
payment

Division 6-Cancellation of certain infringement notices

36. Application of Division
37. Cancellation of infringement notice if person not aware
38. Powers of Court to cancel

Division 7-Going to Court-pre-lodgement stage

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

PART 3-PAYMENT PLANS

Division 1-Establishment of the central payment plan facility

42. Central payment plan facility
43. Functions of Secretary under this Part
44. Powers of Secretary
45. Delegation

Division 2-Payment plans

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 4-LODGING INFRINGEMENT PENALTIES AND ENFORCEMENT ORDERS

Division 1-Lodgement

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

Division 2-Enforcement orders

59. Enforcement orders
60. Enforcement order notice
61. Effect of enforcement order
62. Expiry of enforcement orders
63. Reinstatement after enforcement order has expired

Division 3-Revocation of enforcement orders

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

Division 4-Going to Court under this Part

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
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

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 AND REGISTRATION 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

Division 1-Application of Part

122. Application of Part

Division 2-Attachment of earnings order

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

Division 3-Attachment of debts order

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

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, COMMUNITY WORK PERMITS AND IMPRISONMENT

Division 1-Community work permits

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 fine default CBOs
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

Division 2-Imprisonment

158. Application of this Division
159. Infringement offender to be brought before the Court
160. Powers of the Court
161. Reduction of imprisonment by payment of part of outstanding fines
161A. Term of imprisonment in default of payment of
outstanding fines

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 14-AMENDMENTS TO OTHER ACTS

Division 1-Amendments to Magistrates' Court Act 1989.

169. Miscellaneous amendments
170. Heading amended
171. Section 99 substituted
172. Certain agencies may give information
173. Administrative services arrangements
174. Contempt of Court
175. New clause 7 to Schedule 2 inserted
Act 2006.
176. Repeal of certain provisions

Division 2-Amendments to Subordinate Legislation Act 1994.

177. New section 6A inserted
178. Submission of statutory rules to Governor in Council

Division 3-Amendments to Road Safety Act 1986.

179. Powers of Corporation
180. New sections 9AA to 9AF inserted
181. Appeal to Magistrates' Court under Road Safety Act 1986.
182. New section 19A and 19B inserted
183. Suspension of driver licence
184. Offence to drive or apply for licence while suspended
185. New section 30AA inserted

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
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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