Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014)



   1.      Purposes  
   2.      Commencement  
   3.      Definitions  


   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  


           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  


   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  


   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  


   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?  


           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  


   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  


   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  


   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  


   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  


   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  


   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  


   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  


           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  


   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  


           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  


           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  


           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  

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