Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 3

Definitions

In this Act

"accredited agency" has the same meaning as it has in the Infringements Act 2006 ;

"accredited health practitioner" has the same meaning as it has in the Infringements Act 2006 ;

"attachment of debts direction" means a direction made under section 78;

"attachment of debts threshold" means the prescribed minimum amount for the purposes of an attachment of debts direction;

"attachment of earnings direction "means a direction made under section 65;

"attachment of earnings threshold" means the prescribed minimum amount for the purposes of an attachment of earnings direction;

"bank "means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years, but does not include any person who is of or above the age of 19 years when—

        (a)     an infringement penalty is registered under section 16; or

        (b)     an application is made under clause 3 of Schedule 3 to the Children, Youth and Families Act 2005 for the registration of an infringement penalty in respect of the person;

"community corrections centre" means a community corrections centre established under Part 9 of the Corrections Act 1986 ;
s. 3

"community corrections officer" means a community corrections officer appointed under Part 4 of the Corrections Act 1986 ;

"community work permit" means a permit under Part 13;

"co-operative "means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative;

"Council "has the same meaning as it has in the Local Government Act 1989 ;

"court fine" means a fine—

        (a)     within the meaning of the Sentencing Act 1991 ; or

        (b)     imposed on an offender by a court in accordance with any other Act;

"court fine collection statement" means a statement under section 14;

"credit information" has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

"credit reporting body "has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

"declared director" means a director of a body corporate declared to be jointly and severally liable for a fine of a body corporate under section 29;

"declared director notice" means a notice under section 29(3) ;

"deregistered body corporate" means—
s. 3

        (a)     in relation to a company within the meaning of the Corporations Act, deregistered under Chapter 5A of that Act; and

        (b)     in relation to any other body corporate, deregistered in a way that results in the body corporate ceasing to exist;

"detention or immobilisation notice" means a notice issued under section 130(1);

"Director" means the person employed as Director, Fines Victoria under section 4;

"driver and vehicle sanction" means a sanction that the Director has directed VicRoads to impose under section 89;

"driver licence" has the same meaning as it has in section 3 of the Road Safety Act 1986 and includes a learner permit under Part 3 of that Act;

"enforcement agency" has the same meaning as it has in the Infringements Act 2006 ;

"enforcement and payment report" means a report under section 172 ;

"enforcement cancellation" means a decision by the Director under section 37(1)(b);

"enforcement costs" means any prescribed costs related to the enforcement of a fine;

"enforcement review" means a review by the Director under section 35;

"enforcement warrant" means a warrant issued under Part 10;

"enforcement warrant fee" means the prescribed fee that applies on the issue of an enforcement warrant;

"execution copy", in relation to an enforcement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of enforcement warrants consolidated under section 117 ;

"fine" means either or both of the following—
s. 3

        (a)     an infringement fine;

        (b)     a court fine;

"fine defaulter" means a person, including a declared director, who owes an outstanding amount under a registered fine and in respect of whom a notice of final demand has been served, but does not include a person who has applied for either of the following in respect of any registered fine until that application is determined—

        (a)     a payment arrangement;

        (b)     in the case of a registered infringement fine, enforcement review;

"garnishee" means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter;

"identification information "has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

"infringement confirmation" means a decision by the Director under section 37(1)(a);

"infringement fine "means an infringement penalty and any prescribed costs and includes any enforcement warrant fee;

"infringement notice" has the same meaning as it has in the Infringements Act 2006 ;

"infringement offence" has the same meaning as it has in the Infringements Act 2006 ;

"infringement offender" means a natural person against whom an enforcement warrant is executed in respect of one or more registered infringement fines;

"infringement penalty" has the same meaning as it has in the Infringements Act 2006 ;

"instalment order" means—

        (a)     an instalment order within the meaning of the Sentencing Act 1991 ; and

        (b)     an instalment order made under section 165;

"internal review" has the same meaning as it has in the Infringements Act 2006 ;

"land charge "means a charge on land under section 97;

"land sale order" means an order of the Supreme Court under section 102;

"law enforcement agency" has the same meaning as in the Surveillance Devices Act 1999 ;

"local law "means a local law made under Part 5 of the Local Government Act 1989 ;

"motor vehicle" has the same meaning as it has in the Road Safety Act 1986 ;

"non-registrable infringement offence" means—
s. 3

        (a)     an infringement offence that has been prescribed as ineligible for registration; or

        (b)     an offence against a local law, other than a parking infringement;

"notice of an attachment of earnings direction" means a notice under section 66;

"notice of final demand" means a notice issued by the Director under section 23;

"notice of intention to charge land" means a notice under section 95;

"notice of intention to sell charged land" means a notice under section 101;

"official warning" has the same meaning as it has in the Infringements Act 2006 ;

"parking infringement" has the same meaning as it has in the Road Safety Act 1986 ;

"payment arrangement" means an arrangement to pay a fine entered into under Part 5;

"payment plan" means a payment plan under Part 3 of the Infringements Act 2006 ;

"penalty reminder notice" means a notice served under section 29 of the Infringements Act 2006 ;

"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;

"production of information direction" means a direction made under section 59;

"public sector body" has the same meaning as it has in the Public Administration Act 2004 ;

"registered court fine" means a court fine that has been registered with the Director under Part 3 for enforcement and includes any enforcement costs;

"registered fine" means either or both of the following—

        (a)     a registered court fine;

        (b)     a registered infringement fine;

"registered infringement fine" means an infringement fine registered with the Director under Part 3 for enforcement and includes any enforcement costs;

"registered operator" has the same meaning as it has in the Road Safety Act 1986 and includes, in the case of an unregistered motor vehicle, the last registered operator;

"registrar" means a registrar within the meaning of the Magistrates' Court Act 1989 ;

"relevant information", in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information;

"required information" in Division 1 of Part 15, in relation to a person—

        (a)     in respect of whom a notice of final demand has been served; or

        (b)     in respect of whom an enforcement warrant has been received and is to be executed by the sheriff; or

        (c)     whose property is the subject of an enforcement warrant received and to be executed by the sheriff—

means the name, date of birth and last known address of the person that is held by a specified agency;

"responsible person" has the same meaning at it has in Part 6AA of the Road Safety Act 1986 ;

"Secretary" means the Secretary to the Department of Justice;

"sentencing court" has the same meaning as it has in the Sentencing Act 1991 ;

"seven-day notice" means a notice served under section 119 ;

"sheriff", in Part 13, includes a person to whom the sheriff has given a direction under section 115(5);

"special circumstances" has the same meaning as it has in the Infringements Act 2006 ;

"specified agency" means—

        (a)     a public sector body; or

        (b)     a Council; or

        (c)     a prescribed organisation;

"statement of financial circumstances" means a statement required to be given to the Director under section 59;

"time to pay order" has the same meaning as it has in the Sentencing Act 1991 and includes a time to pay order being managed by payment arrangement;

"traffic infringement" has the same meaning as it has in the Road Safety Act 1986 ;

"vehicle" has the same meaning as it has in the Road Safety Act 1986 ;

"vehicle seizure and sale notice" means a notice under section 132(2) ;

"VicRoads" means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010 ;

"work and development permit" has the same meaning as it has in the Infringements Act 2006 .

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