Victorian Numbered Acts

FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 45

    (1)     The Director, in the Director's discretion, may offer a proposed payment arrangement to a person—

        (a)     who applies under section 42; or

        (b)     in respect of whom a referral is made under section 43.

    (2)     If a court makes an instalment order under section 56 of the Sentencing Act 1991 or a time to pay order under section 59 of that Act in respect of a court fine and orders that the court fine be managed by payment arrangement, the Director must offer a proposed payment arrangement to the person in accordance with any terms specified by the court in the order.

Note

See section 13(4).

    (3)     For the purposes of deciding whether to offer a proposed payment arrangement, the Director may have regard to the applicant's financial circumstances including—

        (a)     any liabilities or financial responsibilities, including any existing payment arrangements the applicant may have; and

        (b)     any dependants the applicant may have.

    (4)     Subject to any order of the court, the Director may offer a proposed payment arrangement to a person subject to any conditions determined by the Director as necessary to ensure efficient and effective compliance with the payment arrangement including conditions in respect of—

        (a)     any up-front payments that must be made under the payment arrangement; and

        (b)     the minimum amount of a payment to be made under the payment arrangement; and

        (c)     the length of the payment arrangement; and

        (d)     any other condition in relation to—

              (i)     the efficient and effective consolidation of infringement fines and court fines into a single payment arrangement; or

              (ii)     the compliance with any court order in relation to a court fine to which the payment arrangement applies.

    (5)     A person may reject an offer of a proposed payment arrangement made by the Director under subsection (1) by notification to the Director.
s. 45

    (6)     If a person rejects an offer under subsection (5), the person may request the Director to offer a proposed payment arrangement on different terms and conditions to the original offer.

    (7)     On receipt of a request under subsection (6), the Director may—

        (a)     offer a proposed payment arrangement on any terms and conditions the Director thinks fit; or

        (b)     refuse to offer another proposed payment arrangement.

    (8)     Subsections (5) to (7) do not apply to a proposed payment arrangement referred to in subsection (2).

Note

See section 47 for commencement of payment arrangements.