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FINES REFORM ACT 2014 (NO. 47 OF 2014)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
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 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 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
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
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 issues 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 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. Bank account
80. Service and effect of attachment of debts direction
81. Dispute of liability by garnishee
82. Obligations of bank 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
PART 9--CHARGES OVER LAND AND SALE OF REAL PROPERTY
95. Director may serve 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. Enforcement fees and certain costs to be included
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. Imprisonment of person on execution of enforcement warrant
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
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 VicRoads of removal of number plates
143. VicRoads must immediately suspend registration of motor vehicle
144. Number plates to be kept in safe custody
145. Recovery of motor vehicle by registered operator within prescribed period
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--INFRINGEMENT OFFENDER AND IMPRISONMENT
163. Application of this Part
164. Infringement offender to be brought before the Magistrates' Court
165. Powers of the Magistrates' Court
166. Variation of instalment order
167. Application for rehearing in certain circumstances
168. Determination of rehearing
169. Application for bail pending rehearing
170. Infringement offender in custody
171. Reduction of imprisonment by payment of part of registered infringement fine
172. Enforcement and payment report
173. Distribution of enforcement and payment report
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
Division 4--Regulations
185. Regulations
PART 16--TRANSITIONAL PROVISIONS
186. General transitional provision
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
191. Payment orders under Infringements Act 2006
192. Unexecuted infringement warrants issued under Infringements Act 2006
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. Certain pre-commencement court fines may be registered
201. Superseded references
202. Regulations dealing with transitional matters
PART 17--AMENDMENT OF INFRINGEMENTS ACT 2006
Division 1--Amendment of preliminary provisions
203. Amendment of purposes
204. Definitions
205. New definitions inserted
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
214. Application of Division
215. Application for internal review
216. Review by enforcement agency
217. What can an enforcement agency decide on review?
218. New Division 3A inserted into Part 2
219. Penalty reminder notices
220. Exceptions to expiation
221. Expiating the offence
222. Effect of expiation
223. Agreeing to pay by instalments has same effect as a full payment
224. Cancellation of certain infringement notices
Division 6--of Part 2 of the Infringements Act 2006 is repealed.
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. New Part 3A inserted
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
245. Regulations—work and development permit powers inserted
246. Sections 190, 191, 205, 206 and 209A repealed
247. New Part 16 inserted
PART 18--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND REPEAL
Division 1--Associations Incorporation Reform Act 2012
248. Additional step for ongoing offence
Division 2--Australian Consumer Law and Fair Trading Act 2012
249. Prohibited debt collection practices
Division 3--Bail Act 1977
250. Where impracticable to bring person arrested before court
251. Admission to bail
Division 4--Children, Youth and Families Act 2005
252. CAYPINS procedure
253. Application for registration of infringement penalty
Division 5--Control of Weapons Act 1990
254. Forfeiture of controlled weapons if infringement notice served
Division 6--Corrections Act 1986
255. Definitions
Division 7--Criminal Procedure Act 2009
256. Definitions
257. Summary offences
258. Non-appearance of accused—Infringements Act 2006
259. Appearance
Division 8--Drugs, Poisons and Controlled Substances Act 1981
260. Retention and return of seized items
Division 9--EastLink Project Act 2004
261. Enforcement of infringement penalty
262. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 10--Education and Care Services National Law Act 2010
263. Infringements law
Division 11--Graffiti Prevention Act 2007
264. Forfeiture of graffiti implements
265. Return of seized items when no proceedings brought etc.
Division 12--Heavy Vehicle National Law Application Act 2013
266. Infringement Notice Offences Law
267. Infringements Act 2006
Division 13--Magistrates' Court Act 1989
268. Definitions
269. Rules of Court
270. Employment of principal registrar, registrars and deputy registrars
271. Warrants
272. Recall and cancellation of warrant
273. Effect of defect or error in certain warrants
274. Heading to Subdivision 2 of Division 6 of Part 4 amended
275. Section 99 substituted
276. Certain agencies may give information for enforcement purposes
277. Ministers may enter into administrative services agreements
278. Subject matter of agreement
279. Unauthorised access to or interference with data
280. Contempt of court
281. Regulations
Division 14--Marine (Drug, Alcohol and Pollution Control) Act 1988
282. Extension of time to object if no actual notice
283. Section 61C amended
Division 15--Melbourne City Link Act 1995
284. Section 86 of the Melbourne City Link Act 1995 amended
285. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 16--Road Safety Act 1986
286. Definitions
287. Powers of Corporation
288. Suspension of motor vehicle or trailer registration
289. Cessation of suspension
290. Section 9AC substituted
291. Renewal of registration
292. Section 9AE substituted
293. Transfer of registration
294. New section 9AG inserted
295. Appeal to Magistrates' Court
296. Section 19A substituted
297. Renewal of licence or permit
298. Cancellation, suspension or variation of licences and permits by Corporation
299. Section 30AA of the Road Safety Act 1986 amended
300. Extension of time if no actual notice for certain traffic infringements
301. Traffic infringements
302. Extension of time to object if no actual notice
303. Extension of time to lodge statement under section 84BE
304. Section 89E amended
Division 17--Sentencing Act 1991
305. Imprisonment
306. Application to Magistrates' Court for fine conversion order and powers of court
307. Issue of warrant to arrest person in default
308. When may warrant be executed?
309. New sections 69FA and 69FB inserted
310. Order of court if material change in circumstances of offender
311. Other orders of court
312. Application to infringement enforcement procedure
Division 18--Surveillance Devices Act 1999
313. Prohibition on communication or publication of private conversations or activities
Division 19--Sustainable Forests (Timber) Act 2004
314. Retention and return or forfeiture of certain seized items
Division 20--Transport (Safety Schemes Compliance and Enforcement) Act 2014
315. Extension of time to object if no actual notice
316. Section 97 amended
PART 19--SHERIFF ACT 2009 AND REPEAL OF AMENDING PARTS
Division 1--Sheriff Act 2009
317. Definitions
318. Requirements in relation to entry to premises to execute civil warrants
319. New section 22A inserted
320. Section 26 amended
321. Sheriff may demand and receive payment in relation to money warrants
322. Section 28 amended
323. Sheriff may recover reasonable costs and expenses of execution
324. Sheriff's duties on receipt of money to satisfy debt or on seizing property
325. Section 38 amended
326. Section 40 amended
327. Section 41 amended
328. Information collection
329. New section 55A inserted
330. Regulations
Division 2--Repeal of amending Parts
331. Repeal of amending Parts
ENDNOTES
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