Victorian Numbered Acts

FINES REFORM AMENDMENT ACT 2017 (NO. 59 OF 2017) - SECT 11

After Division 2 of Part 3 of the Fines Reform Act 2014 insert —

" Division 2A—Referral of enforcement hearing orders, registration of collection and enforcement orders

        15A     Division does not derogate from Sentencing Act 1991

This Division is in addition to, and does not derogate from, any powers of a court under the Sentencing Act 1991 .

        15B     Referral of enforcement hearing orders to Director for collection

    (1)     If a court makes an enforcement hearing order in respect of a person, unless the court otherwise orders, the enforcement hearing order is referred to the Director for collection when the enforcement hearing order is made.

    (2)     If a court makes an enforcement hearing order referred to in subsection (1), the person may—

        (a)     if the person decides to pay the outstanding amount on the same day the enforcement hearing order is made, pay the outstanding amount to the court that made the enforcement hearing order; or

        (b)     if the person decides to pay the outstanding amount at any time after the day the enforcement hearing order is made until the day the outstanding amount is due, pay the outstanding amount to the Director.

    (3)     If a court makes an order under section 69G(3) or 69H(2)(ca), (cb)
or (d) of the Sentencing Act 1991 as part of an enforcement hearing order providing that an outstanding amount may be paid by instalments or allowing time to pay the outstanding amount the Director must collect the enforcement hearing order in accordance with any terms specified by the court in the order.

    (4)     Subject to subsection (3), the Director may manage any enforcement hearing order referred to the Director for collection under this section as if the Director had made a payment arrangement for that enforcement hearing order with the offender.

        15C     Enforcement hearing order statement

    (1)     As soon as practicable after an enforcement hearing order is referred to the Director in accordance with section 15B, the Director must serve an enforcement hearing order statement on the person.

    (2)     An enforcement hearing order statement must—

        (a)     be in writing; and

        (b)     specify—

              (i)     the court order made in respect of the person; and

              (ii)     any prescribed details; and

        (c)     include a statement that a failure to comply with a collection and enforcement order (if any) may result in the registration of the collection and enforcement order; and

        (d)     include a summary of the powers available under this Act if the enforcement hearing order is registered with the Director.

        15D     Referral of collection order by Director to court on default

The Director must refer a collection order to the court that made the order if a person defaults on the collection order by—

        (a)     a failure to pay the outstanding amount as required by the collection order; or

        (b)     a failure to comply with the terms of the instalment order or time to pay order that applies to the collection order; or

        (c)     a failure to comply with the payment arrangement where the collection order is included in a payment arrangement.

Note

See Part 5 for the management by a payment arrangement of a collection order that may or may not have been the subject of an instalment order or a time to pay order.

        15E     Registration of collection and enforcement order

A collection and enforcement order is registered with the Director for enforcement if the person—

        (a)     fails to pay the outstanding amount as required by the collection and enforcement order; or

        (b)     fails to comply with the terms of any instalment order or time to pay order that applies to the collection and enforcement order; or

        (c)     fails to comply with the payment arrangement where the collection and enforcement order is included in a payment arrangement.".