Victorian Current Acts

INFRINGEMENTS ACT 2006

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3A.     Meaning of special circumstances  
   4.      Act to be read as one with Magistrates' Court Act 1989, Fines Reform Act 2014 and Criminal Procedure Act 2009  
   5.      Guidelines  
   6.      Reports to Attorney-General  
   6A.     Annual report  
   7.      Infringement offences to which this Act applies  

   PART 2--INFRINGEMENT NOTICES--PRE‑ENFORCEMENT STAGE

           Division 1--Official warnings

   8.      Issuing officer may serve an official warning  
   9.      Enforcement agency guidelines and policies  
   10.     Official warning does not affect other powers  
   11.     Withdrawal of official warning  

           Division 2--Infringement notices

   12.     Service of infringement notice  
   13.     Forms of infringement notice  
   14.     Payment to be within time specified  
   15.     Late payment  
   16.     Person may elect to have matter heard in Court or Children's Court  
   17.     Enforcement agency can refer matter to Court or Children's Court  
   18.     Withdrawal of infringement notice  
   19.     Form of withdrawal notice  
   20.     Effect of withdrawal  

           Division 3--Internal reviews

   21.     Application of Division  
   21A.    Conduct of internal review  
   22.     Application for internal review  
   23.     Request for additional information  
   24.     Review by enforcement agency  
   25.     What can an enforcement agency decide on review?  
   26.     Time to pay if decision confirmed  
   27.     Review terminated if matter goes to Court or Children's Court  

           Division 4--Penalty reminder notices

   28.     Application of Division  
   29.     Penalty reminder notices  
   30.     Person may elect to have matter heard and determined in Court or Children's Court  

           Division 5--Expiation and demerit schemes

   31AA.   Definition  
   31.     Exceptions to expiation  
   32.     Expiating the offence  
   33.     Effect of expiation  
   34.     Demerit point schemes  
   35.     Effect of paying by instalments or agreeing to be subject to work and development permit for demerit point purposes  

           Division 7--Going to Court--prior to registration under the Fines Reform Act 2014

   39.     Penalty to be refunded if election to go to Court is made  
   40.     Decision to go to Court  
   40A.    Going to Court—indictable offences  
   41.     Avoiding service  
   41A.    Extension of time for commencement of proceedings if work and development permit cancelled  

   PART 3--PAYMENT PLANS

           Division 2--Payment plans

   46.     Payment plans available in certain circumstances  
   47.     Payment plans  
   48.     Commencement of payment plans  
   49.     Payment plans—additions, removals and cancellations  
   49A.    Variation of payment plan  
   49B.    Addition of infringement penalties requires a new payment plan to be made  
   50.     Allocation of money received under payment plan  
   52.     Default on a payment plan results in other enforcement action  
   52A.    Enforcement action on default, cancellation or removal if payment is not complete  
   53.     Payment plans may extend period for commencing proceedings for offence  

   PART 3A--INTERNAL REVIEW OVERSIGHT

   53A.    Guidelines  
   53B.    Oversight and monitoring by Director  
   53C.    Recommendations to enforcement agencies  
   53D.    Reports and recommendations to Attorney-General  

   PART 13--GENERAL

   162.    Service of documents  
   163.    Substituted service  
   163A.   Service deemed despite document being returned to sender  
   167.    Offence to give false information  
   167A.   Minor defects or errors in a notice  
   168.    Regulations  

   PART 15--TRANSITIONAL AND SAVINGS PROVISIONS

   186.    Definition  
   187.    General transitional provision  
   188.    Infringement offences  
   189.    Infringement notices  
   192.    Decision to go to Court  
   193.    Payment plans  
   194.    Infringement penalties registered under former scheme  
   195.    Enforcement orders made and notices of enforcement order sent under former scheme  
   196.    Applications for an order to pay fine by instalments and extensions of time to pay under former scheme  
   197.    Orders to pay fine by instalments and extension of time to pay under former scheme  
   198.    Pending revocation applications under former scheme  
   199.    Enforcement orders revoked under former scheme  
   200.    Pending hearings under the former scheme  
   201.    Seven-day notice  
   202.    Unexecuted warrants issued under former scheme  
   203.    Former scheme warrants where execution has commenced  
   204.    Registrars in PERIN Court  
   207.    PERIN offences  
   208.    Deemed service  
   209.    Clauses 28 and 29 of Schedule 7 continue to have effect  
   210.    Regulations dealing with transitional matters  
   211.    Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010  

   PART 16--FURTHER SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1--General

   211B.   General transitional provision  

           Division 2--Fines Reform and Infringements Acts Amendment Act 2016

   211C.   Definitions  
   211D.   Internal review applications  
   211E.   Person unaware  
   211F.   Imprisonment  
   211G.   Applications made under section 161A  

           Division 3--Fines Reform Act 2014

   212.    Definitions  
   214.    Infringement notices and penalty reminder notices  
   216.    Payment plans  
   217.    Guidelines, oversight and recommendations  
           ENDNOTES