Victorian Consolidated Legislation

Infringements Act 2006 - SECT 168

Regulations

168. Regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  prescribing infringement offences for the purposes of this Act; and

   (b)  prescribing forms of infringement notices, including short forms of
        infringement notices and the circumstances in which various forms of
        infringement notice may be used; and

   (c)  prescribing processes, systems, the conduct of and other matters
        relating to, the internal review by enforcement agencies of the
        issuing and enforcement of infringement notices; and

   (d)  prescribing forms, including composite forms; and

   (e)  prescribing information required under this Act; and

   (f)  prescribing evidence of identity and entitlement to possession and
        other matters for the purposes of Part 7; and

   (g)  prescribing persons or classes of persons for the purposes of making
        applications for orders under Part 10; and

   (h)  prescribing for the purposes of Part 10, the type of information that
        can be sought and the circumstances in which, and the persons from
        whom, information can be sought; and

        (i)    prescribing the practice and procedure in relation to
               applications for attachment of earnings orders and attachment
               of debts orders under Part 10, including variation, discharge
               or suspension of those orders; and

   (j)  prescribing conditions for grants of community work permits, the
        release of persons on community work permits and procedures for the
        purposes of Part 12 including, but not limited to-

   (i)  the commencement of community work permits;

   (ii) the matters to be specified in community work permits;

   (iii) the supply of copies of community work permits to specified persons;

   (iv) the obligations of persons subject to community work permits;

   (v)  the payment of fines by or on behalf of a person required to perform
        unpaid community work under a community work permit; and

   (k)  the fees, costs and charges payable in respect of the execution by the
        sheriff of any infringement warrant issued under this Act; and

   (l)  the fees, costs and charges payable in respect of the exercise by an
        infringements registrar of any jurisdiction, power or authority vested
        under this Act; and

   (m)  other fees, costs and charges under this Act; and

   (n)  without limiting any power to make regulations conferred by any other
        paragraph, the fees, costs and charges payable in respect of-

   (i)  the issue or execution of an infringement warrant; or

   (ii) the amendment, alteration or variation of an infringement warrant; or

   (iii) the supply of a duplicate copy of an infringement warrant; and

   (o)  prescribing for the purposes of section 166, the exercise of powers,
        functions and duties; and

   (p)  generally prescribing any other matter or thing required or permitted
        by this Act to be prescribed or necessary to be prescribed to give
        effect to this Act.

(2) A power conferred by subsection (1) to make regulations providing for the
imposition of fees may be exercised by providing for all or any of the
following matters-

   (a)  specific fees;

   (b)  maximum fees;

   (c)  minimum fees;

   (d)  fees that vary according to value or time;

   (e)  the manner of payment of fees;

   (f)  the time or times at which fees are to be paid.





(3) Regulations made under this Act may-

   (a)  confer a discretionary authority on an infringements registrar or a
        class of infringements registrar or the sheriff; and

   (b)  be of limited or general application; and

   (c)  leave any matter or thing to be decided by a specified person or class
        of person; and

   (d)  provide for the exemption of persons or proceedings or a class of
        persons or proceedings from any of the regulations providing for the
        imposition of fees; and

   (e)  provide for the reduction, waiver or refund, in whole or in part, of
        the fees, costs and charges fixed by regulation under this section;
        and

   (f)  provide, in specified circumstances, for the reinstatement or payment,
        in whole or in part, of any fee, cost or charge reduced, waived or
        refunded by the regulations.

(4) Without limiting subsection (3), if the regulations provide for a
reduction, waiver or refund, in whole or in part, of a fee, cost or charge
pursuant to subsection (3), the reduction, waiver or refund-

   (a)  may be expressed to apply either generally or specifically-

   (i)  in respect of certain matters or classes of matters;

   (ii) in respect of certain persons or classes of persons;

   (iii) in respect of a specified class of lodgeable infringement offence,
        including offences committed before or after the commencement of the
        regulations providing for the reduction, waiver or refund, in whole or
        in part, of the fees, costs and charges;

   (iv) in respect of a specified class of infringement notice in respect of
        lodgeable infringement offences including notices issued or served
        before or after the commencement of the regulations providing for the
        reduction, waiver or refund, in whole or in part, of the fees, costs
        and charges;

   (v)  in respect of a specified enforcement agency or class of enforcement
        agency;

   (vi) for a specified period or periods or from a specified commencement
        date to a specified expiry date;

   (vii) in respect of any combination of the matters referred to in
        paragraphs (i) to (vi);

   (b)  may be subject to specified conditions.

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