FINES REFORM ACT 2014

Victorian Current Acts

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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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