Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 230

Payment plans available in certain circumstances

    (1)     After section 46(1) of the Infringements Act 2006 insert

    "(1A)     A body corporate served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any prescribed costs in respect of the infringement offence to which the infringement notice relates.".

    (2)     In section 46(2) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)".

    (3)     For section 46(2)(a)(i) of the Infringements Act 2006 substitute

    "(i)     an infringement offence for which an infringement notice was served on a person other than a child, at any time before the registration for enforcement of the infringement penalty in respect of that offence with the Director under the Fines Reform Act 2014 ; or".

    (4)     In section 46(2)(b) of the Infringements Act 2006

        (a)     for "any other infringement offence" substitute "a non-registrable infringement offence".

        (b)     for "bringing" substitute "commencing".
s. 230

    (5)     In section 46(3) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)".

    (6)     In section 46(4) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)".

    (7)     In section 46(5)(b) of the Infringements Act 2006

        (a)     for "Secretary" substitute "Director"; and

        (b)     for "plan" substitute "arrangement under the Fines Reform Act 2014 ".

    (8)     After section 46(5) of the Infringements Act 2006 insert

    "(6)     If an enforcement agency decides not to offer a payment plan to a person who applies under subsection (1) or (1A), the agency must serve on the person written notice of that decision specifying that—

        (a)     a payment plan will not be offered to the person; and

        (b)     the person has 21 days from the date the notice is served to pay the infringement penalty; and

        (c)     failure to pay within 21 days from the date the notice is served may result in any infringement penalty being registered for enforcement with the Director under the Fines Reform Act 2014 .

    (7)     An enforcement agency must cease any action taken to collect an infringement penalty and any prescribed costs from a person served with an infringement notice on receipt of an application made under subsection (1) or (1A) by the person until the application is determined.".



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