Victorian Current Acts

FINES REFORM ACT 2014 - SECT 16

    (1)     An infringement fine is registered with the Director for enforcement if an enforcement agency provides the Director with details of any outstanding amount of the infringement fine and—

        (a)     the infringement offence, or class of infringement offence, in respect of which the infringement notice was issued is not a non-registrable infringement offence; and

        (b)     the infringement fine is not less than the prescribed minimum infringement fine amount; and

        (c)     the criteria set out in subsection (2) are satisfied.

    (2)     For the purposes of subsection (1)(c), the criteria are the following—

        (a)     a penalty reminder notice has been served on a person;

        (b)     the period specified in the penalty reminder notice for payment under the penalty reminder notice has passed;

        (c)     full payment of the infringement fine has not been received by the enforcement agency;

        (d)     if a person has a payment plan or payment arrangement, the person has defaulted in the payment of the payment plan or payment arrangement;

S. 16(2)(da) inserted by No. 29/2016 s. 9.

        (da)     a person is not subject to a work and development permit;

        (e)     the enforcement agency has not—

              (i)     filed a charge-sheet charging the offence alleged to have been committed; or

              (ii)     referred the matter to the Magistrates' Court under section 17 of the Infringements Act 2006 ;

        (f)     if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the person was at the time of the infringement offence the responsible person in relation to the motor vehicle or trailer involved in the offence;

        (g)     if the infringement notice was served under section 87 of the Road Safety Act 1986 , the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;

        (h)         if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995 , the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;

S. 16(2)(i) amended by No. 8/2019 s. 106(1).

              (i)     if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004 , the person was at the time of the trip to which the infringement offence relates the responsible person in relation to the vehicle involved in the offence;

S. 16(2)(j) inserted by No. 8/2019 s. 106(2), amended by No. 18/2020 s. 129(a).

        (j)     if the infringement notice was issued in respect of an offence against section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 , the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;

S. 16(2)(k) inserted by No. 18/2020 s. 129(b).

        (k)     if the infringement notice was issued in respect of an offence against section 69(1) of the North East Link Act 2020 , the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence.

S. 16(2A) inserted by No. 17/2022 s. 37.

    (2A)     Despite subsection (1), an infringement fine is not registered with the Director for enforcement until an enforcement agency provides the Director with the prescribed information.

S. 16(3) inserted by No. 59/2017 s. 74.

    (3)     On the registration of the infringement fine the prescribed fee is payable by the enforcement agency.