Victorian Current Acts Victorian Current ActsIn this Act—
S. 3 def. of accredited agency substituted by No. 29/2016 s. 4(2)(a).
"accredited agency "means an organisation accredited under Part 2A to provide a work and development permit under that Part;
Example
A health practice is an example of an organisation that might apply to become an accredited agency.
S. 3 def. of accredited health practitioner substituted by No. 29/2016 s. 4(2)(b).
"accredited health practitioner "means a person who is a qualified health practitioner accredited under Part 2A to provide a work and development permit under that Part;
"attachment of debts direction" means a direction made under section 78;
"attachment of debts threshold" means the prescribed minimum amount for the purposes of an attachment of debts direction;
"attachment of earnings direction "means a direction made under section 65;
"attachment of earnings threshold" means the prescribed minimum amount for the purposes of an attachment of earnings direction;
S. 3 def. of authorised address inserted by No. 59/2017 s. 69(1).
"authorised address" means an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
S. 3 def. of bank repealed by No. 59/2017 s. 69(3)(a).
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"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years, but does not include any person who is of or above the age of 19 years when—
(a) an infringement penalty is registered under section 16; or
(b) an application is made under clause 3 of Schedule 3 to the Children, Youth and Families Act 2005 for the registration of an infringement penalty in respect of the person;
S. 3 def. of collection and enforcement order inserted by No. 59/2017 s. 10(1).
"collection and enforcement order" means an order of a court made—
(a) in respect of an outstanding registered infringement fine under—
(i) section 165(1)(b); or
(ii) sections 165(1)(b) and 165A(1)(a); or
(iii) sections 165(1)(b) and 165A(1)(b); or
(iv) section 165(3)(b); or
(v) section 165(3)(c); or
(b) in respect of an outstanding registered court fine under—
(i) section 69G(2)(b) of the Sentencing Act 1991 ; or
(ii) section 69G(2)(b) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or
(iii) section 69H(2)(ca), (cb) or (d) of the Sentencing Act 1991 ;
S. 3 def. of collection fee inserted by No. 59/2017 s. 69(1).
"collection fee" means the fee prescribed under section 23(3) ;
S. 3 def. of collection order inserted by No. 59/2017 s. 10(1).
"collection order" means an order of a court made—
(a) in respect of an outstanding registered infringement fine under—
(i) sections 165(1)(c) and 165A(2)(b); or
(ii) sections 165(3)(e) and 165A(2)(b); or
(b) in respect of an outstanding registered court fine under—
(i) section 69G(2)(c) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or
(ii) section 69G(2)(d) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing; or
(iii) section 69H(2)(e) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing;
"community corrections centre" means a community corrections centre established under Part 9 of the Corrections Act 1986 ;
"community corrections officer" means a community corrections officer appointed under Part 4 of the Corrections Act 1986 ;
"community work permit" means a permit under Part 13;
"co-operative "means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative;
S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 39.1(a)).
"Council "has the same meaning as it has in the Local Government Act 2020 ;
"court fine" means a fine—
(a) within the meaning of the Sentencing Act 1991 ; or
(b) imposed on an offender by a court in accordance with any other Act;
"court fine collection statement" means a statement under section 14;
"credit information" has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
"credit reporting body "has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
"declared director" means a director of a body corporate declared to be jointly and severally liable for a fine of a body corporate under section 29;
"declared director notice" means a notice under section 29(3) ;
"deregistered body corporate" means—
(a) in relation to a company within the meaning of the Corporations Act, deregistered under Chapter 5A of that Act; and
(b) in relation to any other body corporate, deregistered in a way that results in the body corporate ceasing to exist;
"detention or immobilisation notice" means a notice issued under section 130(1);
"Director" means the person employed as Director, Fines Victoria under section 4;
S. 3 def. of driver and vehicle sanction amended by No. 49/2019 s. 186(Sch. 4 item 20.1(a)).
"driver and vehicle sanction" means a sanction that the Director has directed the Transport Secretary to impose under section 89 ;
"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;
S. 3 def. of eligible person inserted by No. 29/2016 s. 4(1), substituted by No. 17/2022 s. 27.
eligible person has the meaning given by section 10AA;
"enforcement agency" has the same meaning as it has in the Infringements Act 2006 ;
"enforcement and payment report" means a report under section 172 ;
"enforcement cancellation" means a decision by the Director under section 37(1)(b);
S. 3 def. of enforcement costs repealed by No. 59/2017 s. 69(3)(b).
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S. 3 def. of enforcement hearing order inserted by No. 59/2017 s. 10(1).
"enforcement hearing order" means either or both of the following—
(a) a collection order;
(b) a collection and enforcement order;
S. 3 def. of enforcement hearing order statement inserted by No. 59/2017 s. 10(1).
"enforcement hearing order statement" means a statement under section 15C;
"enforcement review" means a review by the Director under section 35;
S. 3 def. of enforcement suspension period inserted by No. 59/2017 s. 3.
"enforcement suspension period "means the period that the Director suspends enforcement of an operator onus offence under section 10V(3) ;
"enforcement warrant" means a warrant issued under Part 10;
S. 3 def. of enforcement warrant fee amended by No. 59/2017 s. 69(2)(a).
"enforcement warrant fee" means the fee prescribed under section 107;
"execution copy", in relation to an enforcement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of enforcement warrants consolidated under section 117 ;
S. 3 def. of family violence inserted by No. 59/2017 s. 3.
"family violence "has the same meaning as it has in section 5 of the Family Violence Protection Act 2008 ;
"fine" means either or both of the following—
(a) an infringement fine;
(b) a court fine;
S. 3 def. of fine defaulter substituted by No. 59/2017 s. 10(2).
"fine defaulter" means a person, including a declared director in respect of whom a notice of final demand has been served, who owes—
(a) an outstanding amount under a registered fine; or
(b) an outstanding amount under a registered collection and enforcement order—
but does not include a person who has applied, in respect of any registered fine, for a payment arrangement or, in the case of a registered infringement fine, for enforcement review, until that application is determined;
S. 3 def. of fine related sentence inserted by No. 29/2016 s. 4(1).
"fine related sentence" means a term of imprisonment or detention in a youth training centre being served by a person because of—
(a) an order under section 165; or
(b) being in default of—
(i) an instalment order; or
(ii) the payment of a fine;
S. 3 def. of fines application inserted by No. 59/2017 s. 69(1), amended by No. 53/2021 s. 37.
"fines application" means an application made by a person—
(a) for an FVS application; or
(ab) under section 165CZ(1) of the Public Health and Wellbeing Act 2008 ; or
(b) for internal review under Division 3 of Part 2 of the Infringements Act 2006 ; or
(c) for a payment plan under Division 2 of Part 3 of the Infringements Act 2006 ; or
(d) for a work and development permit; or
(e) for enforcement review; or
(f) for a payment arrangement;
S. 3 def. of FVS applicant inserted by No. 59/2017 s. 3.
"FVS applicant "means a natural person who makes an FVS application;
S. 3 def. of FVS application inserted by No. 59/2017 s. 3.
"FVS application "means an application made under section 10M ;
S. 3 def. of FVS eligible offence inserted by No. 59/2017 s. 3, amended by No. 41/2019 s. 117(Sch. 1 item 5.1).
"FVS eligible offence "means an infringement offence, but does not include any of the following—
(a) a non-registrable infringement offence;
(b) an infringement offence that is a drink‑driving infringement, drug‑driving infringement or an excessive speed infringement within the meaning of the Road Safety Act 1986 ;
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(d) an infringement offence against section 61A or 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 ;
(e) an infringement offence prescribed not to be an FVS eligible offence;
S. 3 def. of FVS eligible person inserted by No. 59/2017 s. 3.
"FVS eligible person" means a natural person who the Director determines is eligible for the family violence scheme under section 10T ;
"garnishee" means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter;
S. 3 def. of health practitioner inserted by No. 29/2016 s. 4(1).
"health practitioner" means—
(a) a registered medical practitioner; or
(b) a registered psychologist; or
(c) a nurse;
"identification information "has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;
"infringement confirmation" means a decision by the Director under section 37(1)(a);
S. 3 def. of infringement fine amended by No. 59/2017 s. 69(2)(b).
"infringement fine "means an infringement penalty and any penalty reminder notice fee;
"infringement notice" has the same meaning as it has in the Infringements Act 2006 ;
"infringement offence" has the same meaning as it has in the Infringements Act 2006 ;
"infringement offender" means a natural person against whom an enforcement warrant is executed in respect of one or more registered infringement fines;
"infringement penalty" has the same meaning as it has in the Infringements Act 2006 ;
S. 3 def. of instalment order amended by No. 29/2016 s. 4(3).
"instalment order" means—
(a) an instalment order within the meaning of the Sentencing Act 1991 ; and
(b) an instalment order made under section 165(3)(c), 165A(1)(b), 165A(2)(b), 171C(4)(c), 171D(1)(b) or 171D(2)(b);
"internal review" has the same meaning as it has in the Infringements Act 2006 ;
"land charge "means a charge on land under section 97;
"land sale order" means an order of the Supreme Court under section 102;
"law enforcement agency" has the same meaning as in the Surveillance Devices Act 1999 ;
S. 3 def. of local law amended by No. 9/2020 s. 390(Sch. 1 item 39.1(b)).
"local law "means a local law made under Division 3 of Part 3 of the Local Government Act 2020 ;
"motor vehicle" has the same meaning as it has in the Road Safety Act 1986 ;
S. 3 def. of non-fine related sentence inserted by No. 29/2016 s. 4(1).
"non-fine related sentence" means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence;
"non-registrable infringement offence" means—
(a) an infringement offence that has been prescribed as ineligible for registration; or
(b) an offence against a local law, other than a parking infringement;
"notice of an attachment of earnings direction" means a notice under section 66;
"notice of final demand" means a notice issued by the Director under section 23;
"notice of intention to charge land" means a notice under section 95;
"notice of intention to sell charged land" means a notice under section 101;
S. 3 def. of nurse inserted by No. 29/2016 s. 4(1).
"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
"official warning" has the same meaning as it has in the Infringements Act 2006 ;
"parking infringement" has the same meaning as it has in the Road Safety Act 1986 ;
"payment arrangement" means an arrangement to pay a fine entered into under Part 5;
"payment plan" means a payment plan under Part 3 of the Infringements Act 2006 ;
"penalty reminder notice" means a notice served under section 29 of the Infringements Act 2006 ;
S. 3 def. of penalty reminder notice fee inserted by No. 59/2017 s. 69(1).
"penalty reminder notice fee" has the same meaning as it has in the Infringements Act 2006 ;
"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;
"production of information direction" means a direction made under section 59;
"public sector body" has the same meaning as it has in the Public Administration Act 2004 ;
S. 3 def. of registered collection and enforcement order inserted by No. 59/2017 s. 10(1).
"registered collection and enforcement order" means a collection and enforcement order that has been registered with the Director under Division 2A of Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);
S. 3 def. of registered court fine amended by Nos 59/2017 s. 69(2)(c), 17/2022 s. 3(1).
"registered court fine" means a court fine that has been registered with the Director under Part 3 for enforcement and includes any registration fee, collection fee and enforcement warrant fee (if any);
"registered fine" means either or both of the following—
(a) a registered court fine;
(b) a registered infringement fine;
S. 3 def. of registered infringement fine amended by No. 59/2017 s. 69(2)(d).
"registered infringement fine" means an infringement fine registered with the Director under Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);
"registered operator" has the same meaning as it has in the Road Safety Act 1986 and includes, in the case of an unregistered motor vehicle, the last registered operator;
S. 3 def. of registered psychologist inserted by No. 29/2016 s. 4(1).
"registered psychologist" means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
"registrar" means a registrar within the meaning of the Magistrates' Court Act 1989 ;
S. 3 def. of registration fee inserted by No. 59/2017 s. 69(1).
"registration fee" means the fee prescribed under—
(a) section 15(2);
(b) section 16(3);
"relevant information", in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information;
S. 3 def. of required information amended by No. 17/2022 s. 3(2).
"required information" in Division 1 of Part 15, in relation to a person—
(a) in respect of whom a notice of final demand has been served; or
(b) in respect of whom an enforcement warrant has been received and is to be executed by the sheriff; or
(c) whose property is the subject of an enforcement warrant received and to be executed by the sheriff—
means the name, date of birth, telephone number, email address and last known address of the person that is held by a specified agency;
"responsible person" has the same meaning at it has in Part 6AA of the Road Safety Act 1986 ;
"Secretary" means the Secretary to the Department of Justice;
"sentencing court" has the same meaning as it has in the Sentencing Act 1991 ;
"seven-day notice" means a notice served under section 119 ;
"sheriff", in Part 13, includes a person to whom the sheriff has given a direction under section 115(5);
"special circumstances" has the same meaning as it has in the Infringements Act 2006 ;
"specified agency" means—
(a) a public sector body; or
(b) a Council; or
(c) a prescribed organisation;
"statement of financial circumstances" means a statement required to be given to the Director under section 59;
S. 3 def. of time served order inserted by No. 29/2016 s. 4(1).
"time served order" means an order made by the Magistrates' Court under section 171B(1);
S. 3 def. of time to pay order substituted by No. 29/2016 s. 4(2)(c).
"time to pay order" means—
(a) a time to pay order within the meaning of the Sentencing Act 1991 , including a time to pay order being managed by payment arrangement; or
(b) a time to pay order made under section 165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);
"traffic infringement" has the same meaning as it has in the Road Safety Act 1986 ;
S. 3 def. of Transport Secretary inserted by No. 49/2019 s. 186(Sch. 4 item 20.1(b)).
"Transport Secretary" means the Secretary to the Department of Transport;
"vehicle" has the same meaning as it has in the Road Safety Act 1986 ;
"vehicle seizure and sale notice" means a notice under section 132(2) ;
S. 3 def. of VicRoads repealed by No. 49/2019 s. 186(Sch. 4 item 20.1(c)).
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S. 3 def. of Victoria Police inserted by No. 59/2017 s. 69(1).
"Victoria Police" has the same meaning as it has in the Victoria Police Act 2013 ;
S. 3 def. of work and development permit substituted by No. 29/2016 s. 4(2)(d).
"work and development permit" means a permit referred to in section 10A;
S. 3 def. of work and development permit guidelines inserted by No. 29/2016 s. 4(1).
"work and development permit guidelines" means the guidelines prepared by the Attorney‑General under section 10L.
S. 3A inserted by No. 17/2022 s. 4.