Victorian Numbered Acts

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - NOTES

Act No. 12/2006

INDEX 150

Victoria

No. 12 of 2006

Infringements Act 2006^[†]

[Assented to 11 April 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 16 November 2005

    Legislative Council: 28 March 2006

    The long title for the Bill for this Act was "to provide for a new framework for the issuing and serving of infringement notices for offences and the enforcement of infringement notices, to amend the Magistrates' Court Act 1989, the Road Safety Act 1986 and the Subordinate Legislation Act 1994 and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	169–185
application	7
commencement	2
guidelines regarding administration of	5
purposes	1
to be read with Magistrates' Court Act 1989	4
Addicts See Persons with special circumstances
Alcoholics See Persons with special circumstances
Arrest
effect on
applications for payment orders	76
detention of motor vehicles	100
revocation of enforcement orders	64, 65
suspension of driver licences, transfer of registration	111, 113, 115, 117
for non-attendance at oral examination	121
under infringement warrants	80, 82–83, 159
See also Infringement offenders
Attachment of debts orders
application of Part 10	122
definition	3
discharge	132
disputed liability by garnishee	131
effect	130
effect on applications for payment orders	76
effect on detention of motor vehicles	100
effect on revocation of enforcement order	64, 65
garnishees (def.)	3
made in relation to persons in default	111, 113, 115, 117
making of	129
non-compliance with	133
oral examinations for purposes of	120–121
service	130, 162
suspension, variation	132
Attachment of earnings orders
application of Part 10	122
definition	3
discharge	126
effect on applications for payment orders	76
effect on detention of motor vehicles	100
effect on revocation of enforcement order	64, 65
employer's duties regarding	128
employment details of person in relation to whom     made	125
Subject	Section
made in relation to persons in default	111, 113, 115, 117
making of	123
non-compliance with	127
oral examinations for purposes of	120–121
service	124, 162
suspension, variation	126
Attorney-General	5–6
Bail	80, 83, 159
Bodies corporate
directors
arrest	100, 113, 115, 117
declarations as to liability	91
definition	3
enforcement orders	62, 64, 65
infringement warrants issued against	80, 82–85, 88, 91
service of documents on	162
Charges on land
application of Part 11	134
effect of	137
effect on applications for payment orders	76
effect on revocation of enforcement order	64, 65
expiry	137–139
orders for	135–136
owner to be notified	142, 144
recordings in Register, powers, duties of Registrar	137, 140–141
removal	137–140, 142
sale of land charged	143–146
City Link infringements	36, 54–55, 62
Community corrections centres, officers	3, 149
Community work permits
breaches	156, 158–159
cancellation	155, 158–159
conditions	149–150
cumulative periods of work under	151
definition	3
issue	147–148
number of hours of work under	152, 157
offenders assessed as unsuitable for	158
reporting by infringement offender	149, 153
suspension	154
variation	155
Court (def.)	3
Definitions	3, 91, 108, 164
Demerit points	34–35, 61
Directors of bodies corporate See Bodies corporate
Drink driving infringements
enforcement orders in relation to	61–62
operation not affected by Part 2, Division 5	31–35
sections of this Act which do not apply to	16–18, 21–30, 36–38
Subject	Section
Driver licences
definition	3
suspension
application of Part 8	109
cessation	111, 115, 118
directed by sheriff	110
not considered appropriate, possible, effective	111, 115, 134, 136
notice requirements	110, 162
renewal of licences during suspension	114–115
under other Acts, laws	118
void provisions in insurance contracts	119
Drug addicts See Persons with special circumstances
Enforcement agencies
definition	3
guidelines and policies	5, 8, 9
issuing officers	3, 5, 8–11
powers, functions, duties regarding
attachment of earnings, attachment of debts	123, 129
enforcement orders	58, 63, 65, 66, 69
infringement notices and penalties	15, 18–19, 49
lodging of infringement penalties	54, 57–58
official warnings	8–11, 18–19
payment plans	43, 46–52
penalty reminder notices	29
referral of matter of offence to court	17, 39–40
reports to Attorney-General	6
review of infringement notices	22–27
Enforcement orders
deemed to be orders of Court	59
definition	3
effect	61
expiry	62, 63
making of	59
notice requirements	60, 64, 66, 69
outstanding orders	50, 60, 79
payment of outstanding amounts under	61, 79, 100, 101, 111, 113, 115, 117
reinstatement	63
requests not to make	58
requests not to refer matters to court	69
revocation
applications, grant of applications	62, 65–69, 88, 90, 123, 129
applications by, grant to, operators of vehicles	100
applications by, grant to, persons in default	110–113, 115–117
by Court	38, 72
extended period for lodgement as result of	55
infringements registrar's general power	64–69
insufficient grounds for	66, 67
referral of matters, applications to court	64, 66, 68–75
stay of execution	77
See also Fines; Infringement warrants; Payment orders
Subject	Section
Fines
definition	3
fine units (def.)	3
outstanding fines
ceasing to be recoverable or enforceable	62
costs, fees included in	77
defaults in payment of	60, 80
definition	3
discharge	91, 160
exceeding $10,000 on infringement warrants	147
hours of community work as proportion of	152
part payment	92, 157, 161
payment	62, 88, 91, 161
payment orders regarding	76–79
period of imprisonment as proportion of	160
recoverable, enforceable if order reinstated	63
refunds	70
See also Enforcement orders; Infringement warrants
Garnishees See Attachment of debts orders;         Attachment of earnings orders
Guidelines	3, 5, 8, 9
Homeless people See Persons with special circumstances
Imprisonment	82, 158–161
Infringement notices
definition	3
form, contents	13
guidelines	3, 5
relevant prescribed further details included in	13
review	21–27
service	11, 12
withdrawal	18–20, 24, 25, 49
See also Lodgeable infringement offences
Infringement offences
application of Act to	7
definition	3
expiation	31–35
incurring demerit points	34–35, 61
involving additional steps for expiation	3, 13, 18, 25, 26, 32
matter abandoned	18
matter heard, determined in court by election	16, 27, 30, 39
matter heard, determined in court on referral	17, 25, 39, 91
proceedings regarding	10, 11, 18–19, 53
See also Infringement notices; Infringement penalties; Lodgeable infringements; Official warnings; Traffic infringements
Infringement offenders	3, 158–161
See also Community work permits
Subject	Section
Infringement penalties
definition	3
guidelines	3, 5
lodging of details of outstanding penalties, costs	54–58
payment of outstanding penalties, costs	50
payment of penalties and prescribed costs, fees
after review of infringement notice	26
definition of prescribed costs	3
effect	32–33
failure to pay within time specified	29
late payment	15
part payment	35
time for paying	14, 29
penalty reminder notices	3, 28–29
refunds	18, 38, 39, 49, 50
waiver of prescribed costs	25
See also Enforcement orders; Fines; Payment plans
Infringement warrants
actions authorised by	82
arrest under	80, 82–83, 159
cancellation	38, 77, 100, 111, 113, 115, 117
consolidation	86
definition	3
endorsement	80, 83, 84
execution	90, 93
execution by sheriff	84–88, 93
execution copy	3, 84, 86, 92, 161
expiry	100, 111, 113, 115, 117
insufficient property on which to levy amounts	82, 91
issue	80
issued against bodies corporate	80, 82, 84, 88, 91
issued against operators of motor vehicles	95–102
issued subsequent to enforcement orders	60
issued subsequent to payment orders	77, 78
outstanding amounts under
demands for payment of	88–90
not less than prescribed amount	122, 134, 136
payment of	100, 101, 110–113, 115–117, 138–139
outstanding warrants	82, 86
not enforced	77
persons to whom warrants directed	84
prescribed costs, fees	3, 67, 77, 81
Subject	Section
recall	77, 100, 111, 113, 115, 117
reduction of amounts named in	92
seizure of personal property under
consent to taking primary means of transport	93
dealing with interests in property seized	93
during 7-day notice period	89
effect on applications for payment orders	76
effect on revocation of enforcement order	64, 65
not practicable as means of enforcement	135, 136
notice of	87
of operators of vehicles detained	100
of persons in default	108, 111, 113, 115, 117
of persons in prison	92
offences regarding property seized	87
powers, duties of person executing warrant	82, 89
sale	82, 90, 93
seven-day notices	3, 78, 88, 162, 166
unexecuted warrants	85
void warrants	62, 94
See also Attachment of debt orders; Attachment of earnings orders; Charges on land; Community work permits; Driver licences; Fines; Imprisonment; Motor vehicles and trailers
Infringements registrar
definition	3
powers, functions, duties regarding
arrest warrants	121
attachment of earnings, attachment of debt	122–126, 129–132
cancellation of infringement notices	37, 66
enforcement orders	58–60, 63–69, 72, 100, 111, 113, 115
information held by specified agencies	164
infringement warrants	67, 77, 78, 80, 91
liability of directors of bodies corporate	91
lodgement of outstanding penalties, costs	54, 57
oral examinations	120–121
payment orders	76–79
Intellectually disabled offenders See Persons with special circumstances
Issuing officers	3, 5, 8–11
Land subject to charges See Charges on land
Lodgeable infringement offences
application of Act to	7
cancellation of infringement notices for	36–38, 55, 66
definition	3
hearings	40–41, 71–75
late payment of penalty	15
lodging of outstanding penalties, costs regarding	54–58
matter heard, determined in court by election	16, 40
Subject	Section
matter heard, determined in court on referral	17, 37–38, 40, 64, 66, 70
payment plans	46, 47
requests not to refer matter to Court	69
review of service of infringement notice	22, 55
withdrawal of notice	18
See also Enforcement orders
Mentally disabled offenders See Persons with special circumstances
Mitcham-Frankston Freeway infringements	54–55
Motor vehicles and trailers
definitions of motor vehicle, vehicle	3
detention, immobilisation, seizure of vehicles
application of Part 7	95
costs	100–102
effect on applications for payment orders	76
effect on revocation of enforcement order	64, 65
general powers of police, sheriff	95–97
items on or in vehicles	101–104, 106
low monetary value of vehicles, items	103
notice requirements	99, 101
offences	107
recovery by third party	102
release	100, 102
return	103
sales	101, 104–106
towing	98
unattended vehicles	99
vehicles used primarily as means of transport	105
registered operators (def.)	3
suspension of registration
application of Part 8	109
cessation	113, 115, 117, 118
directed by sheriff	112
heavy vehicles	61
not considered appropriate, possible, effective	113, 115, 117, 134, 136
notice requirements	112, 116, 162
renewal of registration during suspension	114–115
transfer of registration during suspension	116–117
under other Acts, laws	118
void provisions in insurance contracts	119
See also Traffic infringements
Offences
regarding
attachment of debts orders	133
attachment of earnings orders	127–128
false, misleading information	167
motor vehicles detained, immobilised, seized	107
property seized under warrants	87
See also Infringement offences
Subject	Section
Official warnings
definition	3
guidelines and policies	8, 9
other powers not affected	10
served instead of infringement notice	8, 18, 19, 25
withdrawal	11
Oral examinations	120–121, 162
Outstanding fines See Fines
Parking infringements	7, 54
Payment orders
allocation of money received under	79
applications, grant	76, 88, 90, 123, 129
applications by, grant to persons in default	110–113, 115–117
defaults in payments under	60, 78, 80
definition	3
effect on expiry of enforcement order	62
made for operators of detained motor vehicles	100
making of, operation of	77
oral examinations for purposes of	120–121
overpayments	79
set aside	77
See also Fines; Infringement warrants
Payment plans
addition of further penalties, costs to	49
allocation of money received	49, 50
applications	46
approval after review of infringement notice	25
cancellation	29, 48–50, 51, 53, 55
central payment plan facility	42–43
commencement	48
contact details of person to whom plan applies	51
defaults in payments under	29, 51–53, 55
definition	3
eligibility criteria	5, 46
first payment	35, 48
matters provided for	47
overpayments	49, 50
penalty reminder notices	29
removal of penalty, prescribed costs from	29, 49–51, 53, 55
Secretary's powers in general	42–45
time for bringing proceedings extended by	53
Penalty reminder notices	3, 28–29
Persons with special circumstances
as grounds for review of infringement notices	22, 25
as infringement offenders	160
definition of special circumstances	3
enforcement orders against	65–67
Subject	Section
Police
assistance to, exercise of powers of sheriff	165–166
definition of police member	3
functions, powers, duties regarding
arrest warrants	121
detention, immobilisation of motor vehicles	95–100, 105
infringement warrants, 7-day notices	84, 166
Prison officers	84
Real estate subject to charges See Charges on land
Registrar of Titles	137, 140–141
Regulations	7, 168
Safety work infringements (Transport Act 1983)
enforcement orders in relation to	61
sections of this Act which do not apply to	16–18, 21, 28, 31, 36
Secretary
definition	3
powers, functions, duties regarding
central payment plan facility, payment plans	42–52
offenders under community work permits	150, 153–154
Seizure See Infringement warrants; Motor vehicles and trailers
Service of documents	162–163
Seven-day notices See Infringement warrants
Sheriff
police assistance to, exercise of powers of	165–166
powers, functions, duties regarding
arrest warrants	121
attachment of earnings, attachment of debt	123, 129
charges on land	135, 137–138, 140, 142–146
community work permits	148, 150–151
detention, seizure, sale of motor vehicles	95–106
information held by specified agencies	164
infringement warrants	84–88, 93
suspension of driver licences, registration	109–117
Special circumstances See Persons with special circumstances
Specified agencies	164
Tow trucks	34, 98
Traffic infringements
demerit points	34–35, 61
lodging of outstanding infringement penalties	54–55
sections of this Act which do not apply to	36
Trailers – Suspension of registration See Motor vehicles and trailers
Unpaid community work See Community work permits
VicRoads	3, 110–119
Warrants See Infringement warrants