Victorian Consolidated Legislation

Infringements Act 2006 - SECT 3

Definitions

3. Definitions



(1) In this Act-

additional steps, in relation to an infringement offence, means any additional
steps which have to be taken under the Act or other instrument creating the
offence to expiate the offence to which an infringement notice relates;
attachment of earnings order means an order made under section 123; attachment
of debts order means an order made under section 129; child means a person who
at the time of the alleged commission of an infringement offence was under the
age of 18 years but of or above the age of 10 years but does not include any
person who is of or above the age of 19 years when an infringement penalty is
lodged under section 54 or an application is made under clause 3 of Schedule 3
to the Children, Youth and Families Act 2005 for the registration of an
infringement penalty in respect of the person;

community corrections centre means community corrections centre established
under Part 9 of the Corrections Act 1986;

community corrections officer means community corrections officer appointed
under Part 4 of the Corrections Act 1986; community work permit means a permit
under Division 1 of Part 12; Court means Magistrates' Court; director, in
relation to a body corporate, includes-

   (a)  a person occupying the position of director of the body corporate, by
        whatever name called; and

   (b)  a person in accordance with whose directions or instructions the
        directors of the body corporate are accustomed to act; driver licence
        has the same meaning as it has in section 3 of the
        Road Safety Act 1986 and includes a learner permit under Part 3 of
        that Act; enforcement agency, in relation to an infringement offence,
        means-

   (a)  a person or body authorised by or under an Act to take proceedings for
        the infringement offence in respect of which the infringement notice
        or official warning was issued or served; or

   (b)  a person by whom, or body by which, a person or body referred to in
        paragraph (a) is employed or engaged to provide services if the taking
        of the proceedings referred to in that paragraph would occur in the
        course of that employment or in the course of providing those
        services; or

   (c)  a prescribed person or body or person or body which is a member of a
        prescribed class of person or body; enforcement order means an order
        made under section 59; enforcement order notice means a notice under
        section 60(1) of the making of an enforcement order;

execution copy, in relation to an infringement warrant, means the copy issued
for the purposes of execution and includes an execution copy comprising a
number of infringement warrants consolidated under section 86; fine means an
infringement penalty and any prescribed costs and includes any fee payable
under section 81;

* * * * *

garnishee means a person from whom an infringements registrar, the sheriff, an
enforcement agency or a person against whom an infringement warrant has been
issued, claims that a debt is due or accruing to the person against whom an
infringement warrant has been issued; guidelines means the guidelines in force
from time to time under section 5; infringement notice means a notice in
respect of an infringement offence served or to be served in accordance with
Part 2;

infringement offence means an offence which may be the subject of an
infringement notice under-

   (a)  any Act or statutory rule; or

   (b)  any local law; or

   (ba) a by-law made under section 171 of the Water Act 1989 or a by-law made
        under a prescribed Act; or

   (c)  any Commonwealth Act or any Act of another State or Territory or any
        subordinate instrument under such an Act that applies as a law of
        Victoria; infringement offender means a person who has been arrested
        under one or more infringement warrants;

infringement penalty means the amount stated in an infringement notice as
payable in respect of the infringement offence to which the notice relates;
infringements registrar-

   (a)  means a registrar within the meaning of the
        Magistrates' Court Act 1989 who is a registrar on whom functions under
        this Act or the Magistrates' Court Act 1989 have been conferred in
        respect of any proceeding or class of proceeding or procedure under
        this Act; and

   (b)  includes any deputy registrar employed pursuant to section 17 of that
        Act to whom duties, powers and functions under this Act are delegated
        under the Magistrates' Court Act 1989; infringement warrant means a
        warrant issued under Part 6; issuing officer means-

   (a)  a person appointed by an enforcement agency to issue or serve an
        infringement notice in respect of an infringement offence; or

   (b)  a prescribed person or person who is a member of a prescribed class of
        person; local law means a local law made under Part 5 of the
        Local Government Act 1989;

lodgeable infringement offence means an infringement offence prescribed under
this Act to be an infringement offence which is enforceable under this Act;
motor vehicle has the same meaning as it has in the Road Safety Act 1986;
official warning means a warning in respect of an infringement offence served
in accordance with Part 2; outstanding fines, in relation to an infringement
warrant, means the total of-

   (a)  the amount specified in the infringement warrant that is unpaid; and

   (b)  the costs of execution of the infringement warrant that are unpaid;
        payment order means an order made under section 77; payment plan means
        a payment plan under Part 3; penalty reminder notice means a notice
        served under section 29; police member means member of the force
        within the meaning of the Police Regulation Act 1958; prescribed
        costs, in relation to an infringement penalty, means the sum of-

   (a)  the amount of costs (if any) lodged with any outstanding amount of an
        infringement penalty; and

   (b)  the prescribed costs of an enforcement order; and

   (c)  any other costs required to be charged in relation to an enforcement
        order under this Act or any other Act; and

   (d)  any other costs or fees prescribed in the regulations to be a
        prescribed cost; public place has the same meaning as it has in
        section 3 of the Summary Offences Act 1966; registered operator has
        the same meaning as it has in the Road Safety Act 1986 and in Part 7
        includes, in the case of an unregistered motor vehicle, the last
        registered operator; Secretary means the Secretary to the Department
        of Justice; seven-day notice means a notice served under section 88;
        special circumstances, in relation to a person means-

   (a)  a mental or intellectual disability, disorder, disease or illness
        where the disability, disorder, disease or illness results in the
        person being unable-

   (i)  to understand that conduct constitutes an offence; or

   (ii) to control conduct that constitutes an offence; or

   (b)  a serious addiction to drugs, alcohol or a volatile substance within
        the meaning of section 57 of the
        Drugs, Poisons and Controlled Substances Act 1981 where the serious
        addiction results in the person being unable-

   (i)  to understand that conduct constitutes an offence; or

   (ii) to control conduct which constitutes an offence; or

   (c)  homelessness determined in accordance with the prescribed criteria (if
        any) where the homelessness results in the person being unable to
        control conduct which constitutes an offence; vehicle has the same
        meaning as it has in the Road Safety Act 1986; VicRoads means the
        Roads Corporation established under Part II of the Transport Act 1983.

(2) If under the Public Administration Act 2004 the name of the Department of
Justice is changed, a reference in the definition of Secretary in subsection
(1) to that Department must, from the date when the name is changed, be
treated as a reference to the Department by its new name.

(3) Nothing in the definition of special circumstances is to be taken as
limiting any power of the Court to consider the circumstances of any person in
a proceeding before the Court under this Act or any other Act.