FINES REFORM AMENDMENT ACT 2017 (NO. 59 OF 2017)

Victorian Numbered Acts

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FINES REFORM AMENDMENT ACT 2017 (NO. 59 OF 2017)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement

PART 2--AMENDMENT OF FINES REFORM ACT 2014--FAMILY VIOLENCE SCHEME

3. Definitions
4. Functions and powers of the Director
5. New Part 2B inserted
6. Application for enforcement review
7. Powers of the Magistrates' Court
8. New section 192A inserted
9. What can an enforcement agency decide on review?

PART 3--AMENDMENT OF FINES REFORM ACT 2014--ENFORCEMENT HEARING ORDERS

10. Definitions
11. New Division 2A of Part 3 inserted
12. Notice of final demand
13. Content of notice of final demand
14. Person may apply for payment arrangement
15. Refusal of application for payment arrangement
16. Offering proposed payment arrangements
17. Content of payment arrangement
18. Payment arrangements—removals
19. Cancellation by request of person to whom payment arrangement applies
20. Section 51 substituted
21. Director's power to make payment arrangements
22. Allocation of money received under payment arrangement
23. Provision of current contact details
24. Default on a payment arrangement results in other enforcement action
25. Enforcement action on default, cancellation or removal if payment is not complete
26. When can an attachment of earnings direction be made?
27. Allocation of money under attachment of earnings direction
28. When can an attachment of debts direction be made?
29. Allocation of money under attachment of debts direction
30. Application
31. Director may serve notice of intention to charge land
32. Issue of enforcement warrant
33. Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
34. Warning of execution of enforcement warrant—seven-day notice
35. Executing enforcement warrant after expiry of seven-day notice
36. Reduction of imprisonment by payment of portion of registered fine
37. Part 14 heading substituted
38. Division 1 heading amended
39. Section 163 substituted
40. Infringement offender to be brought before the Magistrates' Court
41. Powers of the Magistrates' Court
42. Additional powers of the Magistrates' Court
43. Term of imprisonment
44. Variation of instalment order
45. Application for rehearing in certain circumstances
46. Determination of rehearing
47. Application for bail pending rehearing
48. Infringement offender in custody
49. Reduction of imprisonment by payment of part of registered infringement fine
50. Heading to Division 2 of Part 14 amended
51. Application of the Director on behalf of person in custody
52. Time served orders
53. Orders of Magistrates' Court for any registered infringement fine or any remaining amount
54. Additional powers of the Magistrates' Court
55. Term of imprisonment including whether cumulative or concurrent
56. Enforcement and payment report
57. New sections 69FA and 69FB inserted

PART 4--AMENDMENT OF FINES REFORMACT 2014--ENFORCEMENT WARRANTS AND BAIL

58. Issue of enforcement warrant
59. Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
60. Execution of enforcement warrant—contravention of community work permit
61. Bail Act 1977 applies to person arrested

PART 5--AMENDMENT OF FINES REFORMACT 2014--ADMINISTRATIVE SERVICES AGREEMENTS

62. New Part 14A inserted
63. New section 201B inserted

PART 6--AMENDMENT OF FINES REFORM ACT 2014--SERVICE REQUIREMENTS

64. Director may serve notice of intention to charge land
65. Notice of intention to sell charged land
66. Service of documents
67. Section 181 substituted

PART 7--AMENDMENT OF FINES REFORM ACT 2014--MISCELLANEOUS AMENDMENTS

68. Commencement
69. Definitions
70. Powers to waive or reduce costs or fees
71. Application for work and development permit
72. Effect of work and development permit
73. Registration of court fine for enforcement
74. Registration of infringement fine with Director
75. Application for enforcement review
76. Time to pay, enter payment arrangement or apply for work and development permit if infringement confirmation served
77. Person may apply for payment arrangement
78. Payment arrangement has same effect as a full payment—demerit point schemes
79. Bank account
80. Service and effect of attachment of debts direction
81. Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter
82. Enforcement fees and certain costs to be included
83. Execution of enforcement warrant—contravention of community work permit
84. Imprisonment of person on execution of enforcement warrant
85. Warning of execution of enforcement warrant—seven-day notice
86. Executing enforcement warrant after expiry of seven-day notice
87. Stay of enforcement warrant
88. Director must notify VicRoads of removal of number plates
89. Recovery of motor vehicle by registered operator within prescribed period
90. Certain agencies may give information for enforcement purposes
91. New section 190A inserted
92. Payment orders under Infringements Act 2006
93. Definitions
94. Persons may elect to have matter heard in Court or Children's Court
95. Enforcement agency can refer matter to Court or Children's Court
96. Withdrawal of infringement notice
97. Application for internal review
98. What can an enforcement agency decide on review?
99. Payment plans available in certain circumstances
100. Payment plans—additions, removals and cancellations
101. Allocation of money received under payment plan
102. New Division 3 inserted into Part 16
103. Where impracticable to bring person arrested before court
104. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
105. Sections 277, 278 and 279 repealed
106. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
107. Extension of time if no actual notice for certain traffic infringements

PART 8--MISCELLANEOUS AMENDMENTS OF OTHER ACTS

Division 1--Bail Amendment (Stage One) Act 2017

108. Section 23 repealed

Division 2--Amendment of Children, Youth and Families Act 2005

109. Schedule 3 amended

Division 3--Amendment of Infringements Act 2006

110. Definitions
111. Enforcement agency guidelines and policies
112. Withdrawal of infringement notice
113. Application for internal review
114. What can an enforcement agency decide on review?
115. Time to pay if decision confirmed
116. Penalty reminder notices
117. Expiating the offence
118. Extension of time for commencement of proceedings if work and development permit cancelled
119. Payment plans available in certain circumstances
120. Payment plans
121. Payment plans—additions, removals and cancellations
122. Allocation of money received under payment plan
123. Payment plans may extend period for commencing proceedings for offence
124. Service deemed despite document being returned to sender

Division 4--Amendment of Magistrates' Court Act 1989

125. Repeal of Part 6A

Division 5--Amendment of Road Safety Act 1986

126. Use of effective statement to avoid liability

Division 6--Amendment of Sentencing Act 1991

127. Definitions
128. Fine conversion order
129. Order of court if material change in circumstances of offender
130. Other orders of court
131. Provisions applying to a superannuation order
132. New section 163 inserted

Division 7--Amendment of Sheriff Act 2009

133. Power to temporarily restrain person hindering execution of warrant
134. Power to direct a person to do something
135. Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee

PART 9--REPEAL OF AMENDING ACT

136. Repeal of amending Act
ENDNOTES

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