Victorian Numbered Acts

INFRINGEMENTS ACT 2006 (NO 12 OF 2006)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act to be read as one with Magistrates' Court Act 1989  
   5.      Guidelines  
   6.      Reports to Attorney-General  
   7.      Infringement offences to which this Act applies  

   PART 2--INFRINGEMENT NOTICES--PRE-ENFORCEMENT STAGE

           Division 1--Official Warnings

   8.      Issuing officer may serve an official warning  
   9.      Enforcement agency guidelines and policies  
   10.     Official warning does not affect other powers  
   11.     Withdrawal of official warning  

           Division 2--Infringement Notices

   12.     Service of infringement notice  
   13.     Forms of infringement notice  
   14.     Payment to be within time specified  
   15.     Late payment  
   16.     Person may elect to have matter heard in Court  
   17.     Enforcement agency can refer matter to Court  
   18.     Withdrawal of infringement notice  
   19.     Form of withdrawal notice  
   20.     Effect of withdrawal  

           Division 3--Internal Reviews

   21.     Application of Division  
   22.     Application for internal review  
   23.     Request for additional information  
   24.     Review by enforcement agency  
   25.     What can an enforcement agency decide on review?  
   26.     Time to pay if decision confirmed  
   27.     Review terminated if matter goes to Court  

           Division 4--Penalty Reminder Notices

   28.     Application of Division  
   29.     Penalty reminder notices  
   30.     Person may elect to have matter heard and determined in Court  

           Division 5--Expiation and Demerit Schemes

   31.     Exceptions to expiation  
   32.     Expiating the offence  
   33.     Effect of expiation  
   34.     Demerit point schemes  
   35.     Agreeing to pay by instalments has same effect as a full payment  

           Division 6--Cancellation of Certain Infringement Notices

   36.     Application of Division  
   37.     Cancellation of infringement notice if person not aware  
   38.     Powers of Court to cancel  

           Division 7--Going to Court--Pre-lodgement Stage

   39.     Penalty to be refunded if election to go to Court is made  
   40.     Decision to go to Court—lodgeable infringement offences  
   41.     Avoiding service  

   PART 3--PAYMENT PLANS

           Division 1--Establishment of the Central Payment Plan Facility

   42.     Central payment plan facility  
   43.     Functions of Secretary under this Part  
   44.     Powers of Secretary  
   45.     Delegation  

           Division 2--Payment Plans

   46.     Payment plans available in certain circumstances  
   47.     Payment plans  
   48.     When does payment plan commence?  
   49.     Payment plans—additions, removals and cancellations  
   50.     Allocation of money received under payment plan  
   51.     Provision of current contact details  
   52.     Defaulting on a payment plan  
   53.     Payment plans may extend period for bringing proceedings for offence  

   PART 4--LODGING INFRINGEMENT PENALTIES AND ENFORCEMENT ORDERS

           Division 1--Lodgement

   54.     Lodgement of infringement penalty with infringements registrar  
   55.     Extended period for lodgement  
   56.     Extension of period for bringing prosecution for summary offences  
   57.     Reliance on lodged material  
   58.     Agency may request enforcement order not be made  

           Division 2--Enforcement Orders

   59.     Enforcement orders  
   60.     Enforcement order notice  
   61.     Effect of enforcement order  
   62.     Expiry of enforcement orders  
   63.     Reinstatement after enforcement order has expired  

           Division 3--Revocation of Enforcement Orders

   64.     Infringements registrar may revoke enforcement order and refer matter to Court  
   65.     Applications for revocation of enforcement orders  
   66.     Powers to revoke enforcement orders  
   67.     Powers to vary costs or fees  
   68.     Referral to Court of application for revocation  
   69.     Enforcement agency may request non-prosecution of offence  

           Division 4--Going to Court under this Part

   70.     Fine to be refunded if matter referred to Court  
   71.     Decision to go to Court  
   72.     Hearing by the Court  
   73.     Avoiding service  
   74.     Application for re-hearing  
   75.     Notice of intention to apply for re-hearing  

   PART 5--PAYMENT ORDERS

   76.     Applying for payment order  
   77.     Infringements registrar may make payment order  
   78.     Consequences of default under a payment order  
   79.     Allocation of money under payment order  

   PART 6--INFRINGEMENT WARRANTS

   80.     Issue of infringement warrants  
   81.     Fees to be included  
   82.     What does an infringement warrant authorise?  
   83.     Person arrested under infringement warrant may be bailed  
   84.     Persons to whom infringement warrant may be directed  
   85.     Unexecuted infringement warrants  
   86.     Consolidation of warrants in execution copy  
   87.     Notice of seizure of property  
   88.     Warning of execution of infringement warrant—seven-day notice  
   89.     What can be done during period of the seven-day notice?  
   90.     Executing infringement warrant after 7 day period  
   91.     Enforcement against bodies corporate  
   92.     Reduction of imprisonment by payment of portion of fine  
   93.     Rules etc. with respect to execution of infringement warrant  
   94.     Warrant void after 5 years  

   PART 7--DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES

   95.     Application of Part  
   96.     Detention or immobilisation of motor vehicles  
   97.     Powers to detain, immobilise and seize  
   98.     Powers to tow  
   99.     Notice to be provided on detention or immobilisation  
   100.    Recovery of motor vehicle by registered operator within prescribed period  
   101.    Seizure and sale  
   102.    Recovery of motor vehicle or item by third party before sale  
   103.    Sheriff may return motor vehicle or items of low monetary value  
   104.    Application of proceeds of sale  
   105.    Section 42 of the Supreme Court Act 1986 does not apply  
   106.    Buyer acquires good title  
   107.    Offence to tamper with or remove means used to immobilise motor vehicle  

   PART 8--SUSPENSION OF DRIVER LICENCES AND REGISTRATION OF MOTOR VEHICLE OR TRAILER

   108.    Meaning of "person in default" in this Part  
   109.    Action under this Part  
   110.    Sheriff may direct VicRoads to suspend driver licence  
   111.    When does suspension of driver licence cease?  
   112.    Sheriff may direct VicRoads to suspend vehicle registration  
   113.    When does suspension of registration cease?  
   114.    Direction not to renew driver licence or motor vehicle registration  
   115.    Renewal of licence or registration  
   116.    Direction not to transfer registration  
   117.    When can transfer of registration occur?  
   118.    Cessation of suspension under this Act does not affect any other suspension  
   119.    Avoidance of certain provisions in contracts of insurance  

   PART 9--ORAL EXAMINATION

   120.    Summons for oral examination  
   121.    What happens if person does not attend oral examination?  

   PART 10--ATTACHMENT OF EARNINGS ORDERS AND ATTACHMENT OF DEBTS ORDERS

           Division 1--Application of Part

   122.    Application of Part  

           Division 2--Attachment of Earnings Order

   123.    When can an attachment of earnings order be made?  
   124.    Service of an attachment of earnings order  
   125.    Infringements registrar may investigate person's employment details  
   126.    Variation, discharge or suspension of attachment of earnings order  
   127.    Compliance with an attachment of earnings order  
   128.    Employer obligations in respect of an attachment of earnings order  

           Division 3--Attachment of Debts Order

   129.    When can an attachment of debts order be made?  
   130.    Service and effect of attachment of debts order  
   131.    Dispute of liability by garnishee  
   132.    Variation, discharge or suspension of attachment of debts order  
   133.    Compliance with an attachment of debts order  

   PART 11--CHARGES OVER AND SALE OF REAL PROPERTY

   134.    Application of Part  
   135.    Application for order charging land  
   136.    Court may make order charging land  
   137.    Land becomes subject to charge  
   138.    Application for removal of charge over land  
   139.    Court may order removal of charge  
   140.    Removal order to be lodged with Registrar of Titles  
   141.    Powers of Registrar of Titles  
   142.    Owner to be notified of charge  
   143.    Power of sale  
   144.    Notice of intention to sell  
   145.    Sale to be treated as sale by mortgagee  
   146.    Application of proceeds of sale  

   PART 12--INFRINGEMENT OFFENDERS, COMMUNITY WORK PERMITS AND IMPRISONMENT

           Division 1--Community Work Permits

   147.    When a community work permit may be issued  
   148.    Community work permit  
   149.    Core conditions of community work permits  
   150.    Program condition  
   151.    Cumulative periods of work under two or more community work permits  
   152.    Community work  
   153.    Secretary may direct infringement offender to report at another place  
   154.    Suspension of community work permit  
   155.    Variation or cancellation of community work permit  
   156.    Breach of community work permit  
   157.    Part payment of outstanding fines to reduce community service  

           Division 2--Imprisonment

   158.    Application of this Division  
   159.    Infringement offender to be brought before the Court  
   160.    Powers of the Court  
   161.    Reduction of imprisonment by payment of part of outstanding fines  

   PART 13--GENERAL

   162.    Service of documents  
   163.    Substituted service  
   164.    Certain agencies may give information for enforcement purposes  
   165.    Police may assist sheriff  
   166.    Police may exercise certain powers of sheriff  
   167.    Offence to give false information  
   168.    Regulations  

   PART 14--AMENDMENTS TO OTHER ACTS

           Division 1--Amendments to Magistrates' Court Act 1989

   169.    Miscellaneous amendments  
   170.    Heading amended  
   171.    Section 99 substituted  
   172.    Certain agencies may give information  
   173.    Administrative services arrangements  
   174.    Contempt of Court  
   175.    New clause 7 to Schedule 2 inserted  
   176.    Repeal of certain provisions  

           Division 2--Amendments to Subordinate Legislation Act 1994

   177.    New section 6A inserted  
   178.    Submission of statutory rules to Governor in Council  

           Division 3--Amendments to Road Safety Act 1986

   179.    Powers of Corporation  
   180.    New sections 9AA to 9AF inserted  
   181.    Appeal to Magistrates' Court under Road Safety Act 1986  
   182.    New section 19A and 19B inserted  
   183.    Suspension of driver licence  
   184.    Offence to drive or apply for licence while suspended  
   185.    New section 30AA inserted  
           ENDNOTES