Victorian Current Acts

FINES REFORM ACT 2014 - SECT 247

After Division 2 of Part 16 of the Infringements Act 2006 insert —

" Division 3—Fines Reform Act 2014

        212     Definitions

In this Division—

"commencement day "means the day on which  section 247 of the Fines Reform Act 2014 comes into operation.

    *     *     *     *     *

        214     Infringement notices and penalty reminder notices

    (1)     Subject to this Part and anything to the contrary in this Act or the Fines Reform Act 2014 , on and from the commencement day, this Act and the Fines Reform Act 2014 apply to any infringement notice irrespective of whether the infringement notice was issued before, on or after the commencement day.

    (2)     Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was served on a person before the commencement day—

        (a)     the date specified in the infringement notice as the time by which the person served with the notice must pay the infringement penalty specified in the infringement notice is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 21 days after the infringement notice was served; and

        (b)     if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails.

        (3)         Despite subsection (1) and anything to the contrary in this Act, if a penalty reminder notice was served on a person before the commencement day—

        (a)     the date specified in the penalty reminder notice as the time by which the person served with the notice must pay the infringement penalty specified and any penalty reminder notice fee is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 14 days after the penalty reminder notice was served; and

        (b)     if any matter specified in the penalty reminder notice conflicts with the requirements of this Act, the matter specified in the penalty reminder notice prevails.

    *     *     *     *     *

        216     Payment plans

    (1)     If, immediately before the commencement day, a payment plan was arranged and managed by an enforcement agency, on and from the commencement day, the payment plan—

        (a)     continues to be managed by the enforcement agency; and

        (b)     continues on the same terms and conditions to which it was subject immediately before that day.

    (2)     If, immediately before the commencement day, a payment plan was arranged and managed by the Secretary under the central payment plan facility, on and from the commencement day, the payment plan—

        (a)     is to be managed by the Director as if the payment plan were a payment arrangement under the Fines Reform Act 2014 ; and

        (b)     despite paragraph (a), continues to be subject to the same terms and conditions to which it was subject immediately before the commencement day.

        217     Guidelines, oversight and recommendations
    (1)     Despite the commencement of section 239 of the Fines Reform Act 2014 , any guidelines issued under section 53A by the Secretary before that commencement are taken to have been issued by the Director on and from that commencement.
    (2)     Despite the commencement of section 239A of the Fines Reform Act 2014 , any request made by the Secretary under section 53B(1) but not complied with under section 53B(2) before that commencement is taken on and from that commencement to have been made by the Director and must be complied with accordingly.

    (3)     Despite the commencement of section 239B of the Fines Reform Act 2014 , any recommendation made by the Secretary under section 53C(1) but not reported on by the enforcement agency under section 53C(2) before that commencement—

        (a)     is taken on and from that commencement to have been made by the Director; and

        (b)     must be reported on to the Director accordingly under section 53C(2) as in force after that commencement.

    *     *     *     *     *

".

Pt 18 (Heading and ss 248– 250) inserted by No. 11/2021 s. 191.

Part 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

S. 248 inserted by No. 11/2021 s. 191.