Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 262

Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

    (1)     In section 219A(1) of the EastLink Project Act 2004 , for "an infringements registrar (within the meaning of the Infringements Act 2006 )" substitute "a registrar (within the meaning of the Fines Reform Act 2014 )".

    (2)     In 219A(3) of the EastLink Project Act 2004 , for "an infringements registrar within the meaning of the Infringements Act 2006 " substitute "a registrar within the meaning of the Fines Reform Act 2014 ".

    (3)     In section 219A(5) of the EastLink Project Act 2004

        (a)     for paragraph (a) substitute

    "(a)     the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006 , despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and

        (ab)     the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006 , despite the doing of any thing or the taking of any step in relation to it under the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and";

        (b)     for paragraph (c) substitute

    "(c)     any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014 , any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and".

    (4)     In section 219A(5)(d) of the EastLink Project Act 2004

        (a)     for " Infringements Act 2006 " substitute " Fines Reform Act 2014 ";

        (b)     for "enforcement order made, or warrant issued" substitute "notice of final demand served or enforcement warrant issued".

    (5)     In section 219A(6) of the EastLink Project Act 2004

        (a)     in paragraph (d) omit "or the Secretary (as the case may be)";

        (b)     after paragraph (d) insert

    "(da)     makes a payment arrangement in accordance with the Fines Reform Act 2014 and the Director receives the first payment under that payment arrangement from the person; or";

        (c)     in paragraph (e), for "of that Act or section 25(2)" substitute "or (2) or (2A)".

    (6)     In section 219A(7) of the EastLink Project Act 2004 , for "the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006 " substitute "the outstanding amount of an infringement fine has been registered with the Director under the Fines Reform Act 2014 ".

    (7)     After section 219A(8) of the EastLink Project Act 2004 insert

    "(9)     Despite anything to the contrary in this section or the Fines Reform Act 2014 , the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—

        (a)     applied for an enforcement review under section 32 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or

        (b)     applied for a payment arrangement under that Act, until—

              (i)     the person is notified that the person's application for a payment arrangement has been refused; or

              (ii)     in the case of a proposed payment arrangement, the payment arrangement does not commence, in accordance with section 47 of that Act; or

              (iii)     in the case of a payment arrangement that has commenced—

    (A)     the payment arrangement is cancelled under section 49(2) of that Act; or

    (B)     the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of that Act; or

    (C)     the person receives written notice under section 56(2) of that Act advising the person that the person is in default.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback