INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 3 Definitions

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 3

    (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 regulations 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 ;

"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;

"fine units" , in relation to outstanding fines, means the number determined by dividing the outstanding fines by the number (whether whole, decimal or fractional) fixed from time to time by the Treasurer under section 5(3) of the Monetary Units Act 2004 as the amount for the purposes of section 5(2) of that Act;

"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 in accordance with Part 2;

"infringement offence" means an offence under an Act or regulations which, under that Act or those regulations, may be the subject of an infringement notice;

"infringement offender" means a person who has been arrested under an infringement warrant;

"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

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        (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;

"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;

"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

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        (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 sub-section (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.