Victorian Consolidated Legislation

Infringements Act 2006 - SECT 46

Payment plans available in certain circumstances

46. Payment plans available in certain circumstances



(1) A natural person, including a child, served with an infringement notice
may apply to an enforcement agency for a payment plan to pay the infringement
penalty and any prescribed costs in respect of the infringement offence to
which the infringement notice relates.







(2) An application under subsection (1) may be made-

   (a)  in the case of-

   (i)  a lodgeable infringement offence for which an infringement notice was
        served on a person other than a child, at any time before the details
        of the infringement penalty in respect of that offence are lodged with
        an infringements registrar under section 54; or

   (ii) an infringement offence for which an infringement notice was served on
        a child, at any time before the infringement penalty in respect of
        that offence is registered with the Children's Court under clause 4 of
        Schedule 3 to the Children, Youth and Families Act 2005; and

   (b)  in the case of any other infringement offence, at any time before the
        expiry of the period for bringing a proceeding in relation to the
        offence to which the infringement notice relates, whether in the Court
        or the Children's Court, as the case requires.

(3) An enforcement agency must offer a payment plan to a person who applies
under subsection (1) if the person meets the eligibility criteria set out in
the guidelines.

(4) An enforcement agency may offer a payment plan to a person who applies
under subsection (1) if the enforcement agency decides, in its discretion,
that the person should be offered a payment plan.





(5) An enforcement agency may offer a payment plan-

   (a)  by arrangement and management of a payment plan for the person to whom
        it applies by that agency; or

   (b)  by referring the infringement penalty and prescribed costs in respect
        of any infringement offence to the Secretary for management by a
        payment plan.