Victorian Numbered Acts Victorian Numbered ActsAfter Part 15 of the Infringements Act 2006 insert —
In this Part—
"commencement day "means the day on which section 247 of the Fines Reform Act 2014 comes into operation.
(1) This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984 .
(2) Except as specifically provided, this Part does not affect or take away from any other transitional provision.
(1) Subject to this Part and anything to the contrary in this Act or the Fines Reform Act 2014 , on and from the commencement day, this Act and the Fines Reform Act 2014 apply to any infringement notice irrespective of whether the infringement notice was issued before, on or after the commencement day.
(2) Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was served on a person before the commencement day—
(a) the date specified in the infringement notice as the time by which the person served with the notice must pay the infringement penalty specified in the infringement notice is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 21 days after the infringement notice was served; and
(b) if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails.
(3) Despite subsection (1) and anything to the contrary in this Act, if a penalty reminder notice was served on a person before the commencement day—
(a) the date specified in the penalty reminder notice as the time by which the person served with the notice must pay the infringement penalty specified and any prescribed costs is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 14 days after the penalty reminder notice was served; and
(b) if any matter specified in the penalty reminder notice conflicts with the requirements of this Act, the matter specified in the penalty reminder notice prevails.
(1) This section applies to an application—
(a) made before the commencement day, by a person served with an infringement notice or a person acting on that person's behalf, to an enforcement agency for review of the decision to serve an infringement notice under section 22; and
(b) that immediately before the commencement day, has not been reviewed or has not been completely reviewed and a decision made.
(2) On and from the commencement day—
(a) Division 3 of Part 2 applies to the application; and
(b) the enforcement agency must review and decide the application as if the application had been made on or after the commencement day.
(1) If, immediately before the commencement day, a payment plan was arranged and managed by an enforcement agency, on and from the commencement day, the payment plan—
(a) continues to be managed by the enforcement agency; and
(b) continues on the same terms and conditions to which it was subject immediately before that day.
(2) If, immediately before the commencement day, a payment plan was arranged and managed by the Secretary under the central payment plan facility, on and from the commencement day, the payment plan—
(a) is to be managed by the Director as if the payment plan were a payment arrangement under the Fines Reform Act 2014 ; and
(b) despite paragraph (a), continues to be subject to the same terms and conditions to which it was subject immediately before the commencement day.
Despite the repeal of Division 6 of Part 2, if a person unaware that an infringement notice has been issued applies to an infringements registrar and the matter is referred to court but not heard and determined before the commencement day, on and from the commencement day, the matter must be determined under that Division as if it had not been repealed.
(1) Despite the repeal of section 161A, if before the commencement day a person has made a request to the sheriff under that section, the sheriff must apply to the court in accordance with that section as if it had not been repealed.
(2) A court must hear and determine an application referred to in subsection (1) in accordance with section 161A as if that section had not been repealed.
(3) Despite the repeal of section 161A, if before
the commencement day the sheriff has made an application to the court under
that section, the court must hear and determine the application in accordance
with those sections.
s. 247
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