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FINES REFORM ACT 2014


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3A.     Objectives  

   PART 2--DIRECTOR, FINES VICTORIA

   4.      Director, Fines Victoria  
   5.      Functions and powers of the Director  
   6.      Powers of the Director  
   7.      Staff  
   8.      Delegation  
   9.      Powers to waive or reduce costs or fees  
   10.     Director has standing to appear or be represented at certain hearings  

   PART 2A--WORK AND DEVELOPMENT PERMITS

   10A.    Work and development permits  
   10B.    Application for work and development permit  
   10C.    Approval of work and development permit  
   10D.    Effect of work and development permit  
   10E.    Variation or cancellation of work and development permit  
   10F.    Infringement fine may be waived in limited circumstances  
   10FA.   Work and development permit may extend period for commencing proceeding for offence  
   10G.    Accredited agencies  
   10H.    Accredited health practitioners  
   10I.    Monitoring of accredited agencies and accredited health practitioners  
   10J.    Record-keeping by accredited agencies and accredited health practitioners  
   10K.    Accreditation may be cancelled or surrendered  
   10L.    Work and development permit guidelines  

   PART 2B--FAMILY VIOLENCE SCHEME

           Division 1--Family violence scheme applications

   10M.    FVS application  
   10N.    Form of FVS application  
   10O.    FVS application to be made before certain events  
   10P.    Additional eligible infringement offence during FVS application  
   10Q.    Request for additional information  
   10R.    Verification of information supplied in FVS application  
   10S.    Suspension of enforcement action for infringement offence the subject of FVS application  

           Division 2--Determination of FVS application

   10T.    Determination of FVS eligible person  

           Division 3--FVS eligible persons

   10U.    Cancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person  
   10V.    Suspension of enforcement of operator onus offence in relation to FVS eligible person  

           Division 4--FVS ineligible persons

   10W.    FVS applicant ineligible for family violence scheme  

           Division 5--Referral of infringement offence to enforcement agency

   10X.    Director may refer infringement offence in FVS application to enforcement agency  
   10Y.    Enforcement agency may prosecute or withdraw infringement notice  

           Division 6--Review of family violence scheme

   10Z.    Review of FVS  

   PART 3--MANAGEMENT FOR COLLECTION AND ENFORCEMENT OF FINES BY DIRECTOR

           Division 1--Application of Part

   11.     Part does not apply to children  

           Division 2--Referral for collection and registration of court fines

   12.     Division does not derogate from Sentencing Act 1991  
   13.     Referral for collection of court fine by Director  
   14.     Court fine collection statement  
   15.     Registration of court fine for enforcement  

           Division 2A--Referral of enforcement hearing orders, registration of collection and enforcement orders

   15A.    Division does not derogate from Sentencing Act 1991  
   15B.    Referral of enforcement hearing orders to Director for collection  
   15C.    Enforcement hearing order statement  
   15D.    Referral of collection order by Director to court on default  
   15E.    Registration of collection and enforcement order  

           Division 3--Registration of infringement fines for enforcement

   16.     Registration of infringement fine with Director  
   17.     Extended period for registration  
   18.     Extension of period for commencing prosecution for summary offences  
   19.     Reliance on material registered  
   20.     Director may decide that enforcement of infringement offence under this Act is not appropriate  
   21.     Enforcement agency may prosecute or withdraw infringement notice  
   21A.    Notice to Director on enforcement agency filing a charge‑sheet  

           Division 4--Notices of final demand

   22.     Enforcement agency may request notice of final demand not be served  
   23.     Notice of final demand  
   24.     Content of notice of final demand  
   25.     Effect of notice of final demand in case of registered infringement fine  

           Division 5--Fines of bodies corporate

   26.     Registered fine of body corporate is recoverable as debt  
   27.     Options for enforcement of body corporate fine  
   28.     Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced  
   29.     Declared director  
   30.     Director of body corporate may challenge being declared director  

   PART 4--ENFORCEMENT REVIEW

   31.     Application of Part  
   32.     Application for enforcement review  
   32A.    More time to obtain evidence in certain circumstances  
   33.     Limit on applications for enforcement review  
   34.     Request for additional information  
   35.     Enforcement review  
   36.     Conduct of enforcement actions during enforcement review  
   37.     Outcome of enforcement review  
   38.     Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation  
   38A.    Notice to Director on filing charge-sheet following enforcement cancellation  
   39.     Extended period for commencing proceeding for offence  
   40.     Time to pay or enter payment arrangement if infringement confirmation served  
   41.     Other powers of review not affected  

   PART 5--PAYMENT ARRANGEMENTS

   42.     Person may apply for payment arrangement  
   43.     Referral of infringement fine for payment arrangement  
   44.     Refusal of application for payment arrangement  
   45.     Offering proposed payment arrangements  
   46.     Content of payment arrangement  
   47.     Commencement of payment arrangements  
   48.     Payment arrangements—removals  
   49.     Cancellation by request of person to whom payment arrangement applies  
   50.     Variation of payment arrangement  
   51.     Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made  
   52.     Director's power to make payment arrangements  
   53.     Allocation of money received under payment arrangement  
   54.     Provision of current contact details  
   55.     Payment arrangement may extend period for commencing a proceeding for offence  
   56.     Default on a payment arrangement results in other enforcement action  
   57.     Enforcement action on default, cancellation or removal if payment is not complete  
   58.     Payment arrangement has same effect as a full payment—demerit point schemes  

   PART 6--ORAL EXAMINATION AND PRODUCTION OF INFORMATION

   59.     Director may direct production of information  
   60.     Offence not to comply with production of information direction  
   61.     Use of information obtained by production of information direction  
   62.     Director may apply for a summons for oral examination and production of information  
   63.     Summons for oral examination and production of information  
   64.     What happens if person does not attend oral examination?  

   PART 7--ATTACHMENT OF EARNINGS DIRECTIONS AND ATTACHMENT OF DEBTS DIRECTIONS

           Division 1--Attachment of earnings direction

   65.     When can an attachment of earnings direction be made?  
   66.     Notice of direction to be served on fine defaulter and employer  
   67.     Director may request information  
   68.     Protected level of income  
   69.     Employer obligations in respect of an attachment of earnings direction  
   70.     Variation, cancellation or suspension of attachment of earnings direction  
   71.     Cessation of attachment of earnings direction  
   72.     Compliance with an attachment of earnings direction  
   73.     Employee not to be prejudiced because of attachment of earnings direction  
   74.     Determining the earnings of an employee for the purposes of this Division  
   75.     Two or more employers of one fine defaulter  
   76.     Allocation of money under attachment of earnings direction  
   77.     Enforcement action suspended if attachment of earnings direction made  

           Division 2--Attachment of debts direction

   78.     When can an attachment of debts direction be made?  
   79.     ADI account  
   80.     Service and effect of attachment of debts direction  
   81.     Dispute of liability by garnishee  
   82.     Obligations of ADI or co-operative receiving or holding payments of garnishee on behalf of fine defaulter  
   83.     Obligations of fine defaulter  
   84.     Variation, cancellation or suspension of attachment of debts direction  
   85.     Compliance with an attachment of debts direction  
   86.     Allocation of money under attachment of debts direction  
   87.     Enforcement action suspended if attachment of debts direction made  

   PART 8--DRIVER AND VEHICLE SANCTIONS

   88.     Application  
   89.     Sanctions that may be imposed on a fine defaulter  
   90.     Effect of further amounts being added to amounts outstanding  
   91.     Cessation of driver and vehicle sanction  
   92.     Cessation of driver and vehicle sanction does not affect any other suspension  
   93.     Avoidance of certain provisions in contracts of insurance  
   94.     Cancellation of registration of vehicle registered in name of deregistered body corporate  
   94A.    Vehicle in name of business  

   PART 9--CHARGES OVER LAND AND SALE OF REAL PROPERTY

   95.     Director may serve notice of intention to charge land  
   95A.    Fine defaulter must not dispose of land after service of notice of intention to charge land  
   96.     Power of Director to apply for land charge to be recorded  
   97.     Land becomes subject to charge  
   98.     Removal of land charge  
   99.     Powers of Registrar of Titles  
   100.    Owner to be notified of land charge or removal of land charge  
   101.    Notice of intention to sell charged land  
   102.    Power of sale  
   103.    Sale to be treated as sale by mortgagee  
   104.    Access to property and information about land  
   105.    Application of proceeds of sale  

   PART 10--ENFORCEMENT WARRANTS

   106.    Issue of enforcement warrant  
   107.    Fees to be included in enforcement warrant  
   108.    Recall and cancellation of enforcement warrant  
   109.    What does an enforcement warrant authorise?  
   110.    Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit  
   111.    Execution of enforcement warrant—contravention of community work permit  
   112.    Execution of enforcement warrant against imprisoned person  
   113.    Bail Act 1977 applies to person arrested  
   114.    Prescribed form of enforcement warrant  
   115.    Persons to whom enforcement warrant may be directed  
   116.    Unexecuted enforcement warrants  
   117.    Consolidation of enforcement warrants in execution copy  
   118.    Notice of seizure of property  
   119.    Warning of execution of enforcement warrant—seven-day notice  
   120.    What can be done during period of the seven-day notice?  
   121.    Executing enforcement warrant after expiry of seven‑day notice  
   122.    Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order  
   123.    Rules etc. with respect to execution of enforcement warrant  
   124.    How long does an enforcement warrant remain in force?  
   125.    Stay of enforcement warrant  

   PART 11--DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES

   126.    Application of Part  
   127.    Detention or immobilisation of motor vehicles  
   128.    Powers to detain, immobilise and seize  
   129.    Powers to tow  
   130.    Notice to be provided on detention or immobilisation  
   131.    Recovery of motor vehicle by registered operator within prescribed period  
   132.    Vehicle seizure and sale  
   133.    Recovery of motor vehicle or item by third party before sale  
   134.    Sheriff may return motor vehicle or items of low monetary value  
   135.    Application of proceeds of sale  
   136.    Section 42 of the Supreme Court Act 1986 does not apply  
   137.    Buyer acquires good title  
   138.    Offence to tamper with or remove means used to immobilise motor vehicle  

   PART 12--REMOVAL OF NUMBER PLATES

   139.    Application of Part  
   140.    Power to remove number plates  
   141.    Notice to be provided on removal of number plates  
   142.    Director must notify Transport Secretary of removal of number plates  
   143.    Transport Secretary must immediately suspend registration of motor vehicle  
   144.    Number plates to be kept in safe custody  
   145.    Return of number plates to registered operator in specified circumstances  
   146.    Sheriff or police officer may reaffix number plates  
   147.    Notification to Director of returned number plates  
   148.    Cessation of suspension of registration sanction under this Part does not affect any other suspension  
   149.    Avoidance of certain provisions in contracts of insurance  

   PART 13--INFRINGEMENT OFFENDER COMMUNITY WORK PERMITS

   150.    When a community work permit may be issued  
   151.    Community work permit  
   152.    Conditions of community work permits  
   153.    Direction of Secretary—reporting of infringement offender  
   154.    Cancellation of community work permit on failure to report  
   155.    Cumulative periods of work under community work permits and orders under the Sentencing Act 1991  
   156.    Community work  
   157.    Secretary may direct infringement offender to report at another place  
   158.    Suspension of community work permit  
   159.    Variation or cancellation of community work permit  
   160.    Contravention of community work permit  
   161.    Part payment of registered infringement fines to reduce community work  
   162.    Hours worked reduces registered infringement fines  

   PART 14--REGISTERED INFRINGEMENT FINES, REGISTERED COURT FINES, REGISTERED COLLECTION AND ENFORCEMENT ORDERS, IMPRISONMENT AND TIME SERVED ORDERS

           Division 1--Person in default and imprisonment

   163.    Definitions  
   164.    Person in default to be brought before the Magistrates' Court  
   165.    Powers of the Magistrates' Court  
   165A.   Additional powers of the Magistrates' Court  
   165B.   Term of imprisonment  
   166.    Variation of instalment order  
   167.    Application for rehearing in certain circumstances  
   168.    Determination of rehearing  
   169.    Application for bail pending rehearing  
   170.    Order to imprison person in default stayed  
   171.    Reduction of imprisonment by payment of part of relevant infringement fine  

           Division 1A--Request by person to Director for waiver or to make application to Court

   171AA.  Application of Division  
   171AB.  Request to Director for waiver or to make application for time served order  
   171AC.  Appropriate action—application to the relevant court by Director  
   171AD.  Director must waive payment of relevant infringement fines or relevant court fines if section 171AC does not apply  
   171AE.  Effect of waiving payment of outstanding amount of relevant infringement fine  

           Division 2--Time served orders in respect of relevant infringement fines and relevant court fines

   171AF.  Definitions  
   171A.   Application of the Director on behalf of person  
   171B.   Time served orders  
   171C.   Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount  
   171D.   Additional powers of the relevant court  
   171E.   Term of imprisonment including whether cumulative or concurrent  
   171F.   Contact details of person  
   171G.   Variation of instalment order  
   171H.   Application for rehearing in certain circumstances  
   171I.   Determination of rehearing  
   171J.   Application for bail pending rehearing  
   171K.   Person in custody  
   171L.   Waiver of additional fees and costs  

           Division 3--Enforcement and payment reports

   172.    Enforcement and payment report  
   173.    Distribution of enforcement and payment report  

   PART 14A--ADMINISTRATIVE SERVICES AGREEMENTS

           Division 1--Definitions

   173A.   Definitions  

           Division 2--Agreements

   173B.   Ministers may enter into administrative services agreements  
   173C.   Subject matter of administrative services agreement  
   173D.   Rights of access  
   173E.   Right of intervention in management  
   173F.   Audit rights  
   173G.   Status of documents  
   173H.   Unauthorised access to or interference with data  
   173I.   Confidentiality  

   PART 15--GENERAL

           Division 1--Information collection

   174.    Director or sheriff may request required information from specified agency for purpose of enforcing registered fines  
   175.    Specified agency must comply unless certain cases apply  
   176.    Restriction on Director and sheriff in relation to use of required information  
   177.    Access to and use of information held by credit reporting bodies  
   178.    Certain agencies may give information for enforcement purposes  

           Division 2--Service

   179.    Service of documents  
   180.    Substituted service  
   181.    Service deemed despite document being returned to sender  

           Division 3--Other matters

   182.    Police may assist sheriff  
   183.    Police may exercise certain powers of the sheriff  
   184.    Offence to give false information  
   184A.   Minor defects or errors in a notice  

           Division 4--Regulations

   185.    Regulations  

   PART 16--TRANSITIONAL PROVISIONS

   186.    General transitional provision  
   186A.   Work and development permits applied for or approved under Infringements Act 2006  
   186B.   Variation or cancellation of work and development permit under Infringements Act 2006  
   186C.   Accredited agencies and accredited health practitioners accredited under Infringements Act 2006  
   186D.   Record-keeping under Infringements Act 2006  
   186E.   Work and development permit guidelines  
   187.    Lodgeable infringement offences  
   188.    Infringement penalties lodged under Infringements Act 2006  
   189.    Enforcement orders made under Infringements Act 2006  
   190.    Enforcement orders with revocation proceedings in progress  
   190A.   Enforcement orders after revocation proceedings  
   191.    Payment orders under Infringements Act 2006  
   192.    Unexecuted infringement warrants issued under Infringements Act 2006  
   192A.   Unexecuted infringement warrants and the family violence scheme  
   193.    Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006  
   194.    Transitional provision for proceeds of vehicles seized and sold  
   195.    Attachment of earnings order  
   196.    Attachment of debts order  
   197.    Suspension of driver licences and vehicle registration  
   198.    Community work permits  
   199.    Imprisonment  
   200.    Transitional provision for pre‑commencement court fines  
   201.    Superseded references  
   201A.   Request and application made under section 161A of the Infringements Act 2006  
   201B.   Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989  

   PART 17--AMENDMENT OF INFRINGEMENTS ACT 2006

           Division 1--Amendment of preliminary provisions

   203.    Amendment of purposes  
   204.    Definitions  
   206.    Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009  
   207.    Infringement offences to which this Act applies  

           Division 2--Infringement notices

   208.    Service of infringement notice  
   209.    Payment to be within time specified  
   210.    Late payment  
   211.    Person may elect to have matter heard in Court or Children's Court  
   212.    Enforcement agency can refer matter to Court or Children's Court  
   213.    Withdrawal of infringement notice  

           Division 3--Internal reviews

   215.    Application for internal review  
   217.    What can an enforcement agency decide on review?  
   219.    Penalty reminder notices  
   225.    Heading to Division 7 of Part 2 amended  
   226.    Decision to go to Court—lodgeable infringement offences  
   227.    Going to Court—indictable offences  
   228.    Avoiding service  

           Division 4--Payment plans

   229.    Establishment of the central payment plan facility  

           Division 1--of Part 3 of the Infringements Act 2006 is repealed.

   230.    Payment plans available in certain circumstances  
   231.    Payment plans  
   232.    Section 48 substituted  
   233.    Payment plans—additions, removals and cancellations  
   234.    New sections 49A and 49B inserted  
   235.    Allocation of money received under payment plan  
   236.    Provision of current contact details  
   237.    Section 52 substituted and new section 52A inserted  
   238.    Section 53 amended  
   239.    Guidelines  
   239A.   Oversight and monitoring by Secretary  
   239B.   Recommendations to enforcement agencies  
   239C.   Reports and recommendations to Attorney-General  

           Division 5--Repeals and further consequential amendments

   240.    Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed  
   241.    Service of documents  
   242.    Service deemed despite document being returned to sender  
   243.    Sections 164, 165 and 166 repealed  
   244.    Regulations—provisions repealed  
   246.    Sections 190, 191, 205, 206 and 209A repealed  
   247.    New Division 3 inserted into Part 16  

   PART 18--TRANSITIONAL PROVISIONS--JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021

   248.    Definition  
   249.    Requests made to Director before commencement day  
   250.    Applications made under section 171A(2)(a) but not determined  
           ENDNOTES


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