{"id":"fines-reform-act-2014","name":"Fines Reform Act 2014","slug":"fines-reform-act-2014","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178142,"registerId":"vic-fines-reform-act-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"Time served orders in respect of relevant infringement fines and relevant court fines 193","content":"Division 2—Time served orders in respect of relevant infringement fines and relevant court fines 193\n\n171AF Definitions 193\n\n171A Application of the Director on behalf of person 193\n\n171B Time served orders 196\n\n171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount 197\n\n171D Additional powers of the relevant court 200\n\n171E Term of imprisonment including whether cumulative or concurrent 202\n\n171F Contact details of person 203\n\n171G Variation of instalment order 204\n\n171H Application for rehearing in certain circumstances 204\n\n171I Determination of rehearing 206\n\n171J Application for bail pending rehearing 207\n\n171K Person in custody 207\n\n171L Waiver of additional fees and costs 207\n\nDivision 3—Enforcement and payment reports 208\n\n172 Enforcement and payment report 208\n\n173 Distribution of enforcement and payment report 210\n\nPart 14A—Administrative services agreements 211\n\nDivision 1—Definitions 211\n\n173A Definitions 211\n\nDivision 2—Agreements 211\n\n173B Ministers may enter into administrative services agreements 211\n\n173C Subject matter of administrative services agreement 212\n\n173D Rights of access 214\n\n173E Right of intervention in management 216\n\n173F Audit rights 218\n\n173G Status of documents 219\n\n173H Unauthorised access to or interference with data 220\n\n173I Confidentiality 221\n\nPart 15—General 223\n\nDivision 1—Information collection 223\n\n174 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines 223\n\n175 Specified agency must comply unless certain cases apply 223\n\n176 Restriction on Director and sheriff in relation to use of required information 224\n\n177 Access to and use of information held by credit reporting bodies 224\n\n178 Certain agencies may give information for enforcement purposes 225\n\nDivision 2—Service 226\n\n179 Service of documents 226\n\n180 Substituted service 229\n\n181 Service deemed despite document being returned to sender 229\n\nDivision 3—Other matters 230\n\n182 Police may assist sheriff 230\n\n183 Police may exercise certain powers of the sheriff 230\n\n184 Offence to give false information 230\n\n184A Minor defects or errors in a notice 230\n\nDivision 4—Regulations 231\n\n185 Regulations 231\n\nPart 16—Transitional provisions 237\n\n186 General transitional provision 237\n\n186A Work and development permits applied for or approved under Infringements Act 2006 237\n\n186B Variation or cancellation of work and development permit under Infringements Act 2006 237\n\n186C Accredited agencies and accredited health practitioners accredited under Infringements Act 2006 238\n\n186D Record-keeping under Infringements Act 2006 239\n\n186E Work and development permit guidelines 239\n\n187 Lodgeable infringement offences 240\n\n188 Infringement penalties lodged under Infringements Act 2006 240\n\n189 Enforcement orders made under Infringements Act 2006 240\n\n190 Enforcement orders with revocation proceedings in progress 241\n\n190A Enforcement orders after revocation proceedings 242\n\n191 Payment orders under Infringements Act 2006 243\n\n192 Unexecuted infringement warrants issued under Infringements Act 2006 243\n\n192A Unexecuted infringement warrants and the family violence scheme 244\n\n193 Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006 244\n\n194 Transitional provision for proceeds of vehicles seized and sold 244\n\n195 Attachment of earnings order 244\n\n196 Attachment of debts order 245\n\n197 Suspension of driver licences and vehicle registration 246\n\n198 Community work permits 246\n\n199 Imprisonment 246\n\n200 Transitional provision for pre‑commencement court fines 247\n\n201 Superseded references 248\n\n201A Request and application made under section 161A of the Infringements Act 2006 248\n\n201B Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989 249\n\n201C Transitional provision—Youth Justice Act 2024 249\n\nPart 17—Amendment of Infringements Act 2006 251\n\nDivision 1—Amendment of preliminary provisions 251\n\n203 Amendment of purposes 251\n\n204 Definitions 251\n\n206 Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009 252\n\n207 Infringement offences to which this Act applies 252\n\nDivision 2—Infringement notices 253\n\n208 Service of infringement notice 253\n\n209 Payment to be within time specified 253\n\n210 Late payment 253\n\n211 Person may elect to have matter heard in Court or Children's Court 253\n\n212 Enforcement agency can refer matter to Court or Children's Court 254\n\n213 Withdrawal of infringement notice 255\n\nDivision 3—Internal reviews 256\n\n215 Application for internal review 256\n\n217 What can an enforcement agency decide on review? 257\n\n219 Penalty reminder notices 259\n\n225 Heading to Division 7 of Part 2 amended 259\n\n226 Decision to go to Court—lodgeable infringement offences 259\n\n227 Going to Court—indictable offences 260\n\n228 Avoiding service 260\n\nDivision 4—Payment plans 260\n\n229 Establishment of the central payment plan facility 260\n\n230 Payment plans available in certain circumstances 260\n\n231 Payment plans 262\n\n232 Section 48 substituted 262\n\n233 Payment plans—additions, removals and cancellations 263\n\n234 New sections 49A and 49B inserted 263\n\n235 Allocation of money received under payment plan 264\n\n236 Provision of current contact details 265\n\n237 Section 52 substituted and new section 52A inserted 265\n\n238 Section 53 amended 267\n\n239 Guidelines 267\n\n239A Oversight and monitoring by Secretary 267\n\n239B Recommendations to enforcement agencies 268\n\n239C Reports and recommendations to Attorney-General 268\n\nDivision 5—Repeals and further consequential amendments 268\n\n240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed 268\n\n241 Service of documents 269\n\n242 Service deemed despite document being returned to sender 269\n\n243 Sections 164, 165 and 166 repealed 269\n\n244 Regulations—provisions repealed 269\n\n246 Sections 190, 191, 205, 206 and 209A repealed 269\n\n247 New Division 3 inserted into Part 16 270\n\nPart 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 274\n\n248 Definition 274\n\n249 Requests made to Director before commencement day 274\n\n250 Applications made under section 171A(2)(a) but not determined 275\n\n═══════════════\n\nEndnotes 277\n\n1 General information 277\n\n2 Table of Amendments 279\n\n3 Explanatory details 282\n\n**Version No.** **032**\n\n**Fines Reform Act 2014**\n\n**No. 47 of 2014**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide for the appointment, powers and functions of the Director, Fines Victoria; and\n\n(b) to provide for the collection of court fines and infringement fines by the Director, Fines Victoria; and\n\n(c) to provide for the enforcement of court fines and infringement fines under one Act; and\n\n(d) to make amendments to the **Infringements Act 2006** and the **Sheriff Act 2009** and to make consequential amendments to other Acts.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\nS. 2(2) amended by Nos 29/2016 s. 3, 59/2017 s. 68.\n\n(2) If a provision of this Act does not come into operation before 31 May 2018, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *accredited agency* substituted by No. 29/2016 s. 4(2)(a).\n\n***accredited agency*** means an organisation accredited under Part 2A to provide a work and development permit under that Part;\n\nA health practice is an example of an organisation that might apply to become an accredited agency.\n\nS. 3 def. of *accredited health practitioner* substituted by No. 29/2016 s. 4(2)(b).\n\n***accredited health practitioner*** means a person who is a qualified health practitioner accredited under Part 2A to provide a work and development permit under that Part;\n\n***attachment of debts direction*** means a direction made under section 78;\n\n***attachment of debts threshold*** means the prescribed minimum amount for the purposes of an attachment of debts direction;\n\n***attachment of earnings direction*** means a direction made under section 65;\n\n***attachment of earnings threshold*** means the prescribed minimum amount for the purposes of an attachment of earnings direction;\n\nS. 3 def. of *authorised address* inserted by No. 59/2017 s. 69(1).\n\n***authorised address*** means an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;\n\nS. 3 def. of *bank* repealed by No. 59/2017 s. 69(3)(a).\n\nS. 3 def. of *child* substituted by No. 32/2024 s. 830.\n\n***child*** means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—\n\n(a) an infringement penalty is registered under section 16; or\n\n(b) an application is made under clause 3 of Schedule 3 to the **Children, Youth and Families Act 2005** for the registration of an infringement penalty in respect of the person;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\nS. 3 def. of *collection and enforcement order* inserted by No. 59/2017 s. 10(1).\n\n***collection and enforcement order*** means an order of a court made—\n\n(a) in respect of an outstanding registered infringement fine under—\n\n(i) section 165(1)(b); or\n\n(ii) sections 165(1)(b) and 165A(1)(a); or\n\n(iii) sections 165(1)(b) and 165A(1)(b); or\n\n(iv) section 165(3)(b); or\n\n(v) section 165(3)(c); or\n\n(b) in respect of an outstanding registered court fine under—\n\n(i) section 69G(2)(b) of the **Sentencing Act 1991**; or\n\n(ii) section 69G(2)(b) and (3) of the **Sentencing Act 1991** for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or\n\n(iii) section 69H(2)(ca), (cb) or (d) of the **Sentencing Act 1991**;\n\nS. 3 def. of *collection fee* inserted by No. 59/2017 s. 69(1).\n\n***collection fee*** means the fee prescribed under section 23(3);\n\nS. 3 def. of *collection order* inserted by No. 59/2017 s. 10(1).\n\n***collection order*** means an order of a court made—\n\n(a) in respect of an outstanding registered infringement fine under—\n\n(i) sections 165(1)(c) and 165A(2)(b); or\n\n(ii) sections 165(3)(e) and 165A(2)(b); or\n\n(b) in respect of an outstanding registered court fine under—\n\n(i) section 69G(2)(c) and (3) of the **Sentencing Act 1991** for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or\n\n(ii) section 69G(2)(d) of the **Sentencing Act 1991** that the outstanding registered court fine be paid by the date of the adjourned hearing; or\n\n(iii) section 69H(2)(e) of the **Sentencing Act 1991** that the outstanding registered court fine be paid by the date of the adjourned hearing;\n\n***community corrections centre*** means a community corrections centre established under Part 9 of the **Corrections Act 1986**;\n\n***community corrections officer*** means a community corrections officer appointed under Part 4 of the **Corrections Act 1986**;\n\n***community work permit*** means a permit under Part 13;\n\n***co-operative*** means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 39.1(a)).\n\n***Council*** has the same meaning as it has in the **Local Government Act 2020**;\n\n***court fine*** means a fine—\n\n(a) within the meaning of the **Sentencing Act 1991**; or\n\n(b) imposed on an offender by a court in accordance with any other Act;\n\n***court fine collection statement*** means a statement under section 14;\n\n***credit information*** has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;\n\n***credit reporting body*** has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;\n\n***declared director*** means a director of a body corporate declared to be jointly and severally liable for a fine of a body corporate under section 29;\n\n***declared director notice*** means a notice under section 29(3);\n\n***deregistered body corporate*** means—\n\n(a) in relation to a company within the meaning of the Corporations Act, deregistered under Chapter 5A of that Act; and\n\n(b) in relation to any other body corporate, deregistered in a way that results in the body corporate ceasing to exist;\n\n***detention or immobilisation notice*** means a notice issued under section 130(1);\n\n***Director*** means the person employed as Director, Fines Victoria under section 4;\n\nS. 3 def. of *driver and vehicle sanction* amended by No. 49/2019 s. 186(Sch. 4 item 20.1(a)).\n\n***driver and vehicle sanction*** means a sanction that the Director has directed the Transport Secretary to impose under section 89;\n\n***driver licence*** has the same meaning as it has in section 3 of the **Road Safety Act 1986** and includes a learner permit under Part 3 of that Act;\n\nS. 3 def. of *eligible person* inserted by No. 29/2016 s. 4(1), substituted by No. 17/2022 s. 27.\n\n***eligible person*** has the meaning given by section 10AA;\n\n***enforcement agency*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***enforcement and payment report*** means a report under section 172;\n\n***enforcement cancellation*** means a decision by the Director under section 37(1)(b);\n\nS. 3 def. of *enforcement costs* repealed by No. 59/2017 s. 69(3)(b).\n\nS. 3 def. of *enforcement hearing order* inserted by No. 59/2017 s. 10(1).\n\n***enforcement hearing order*** means either or both of the following—\n\n(a) a collection order;\n\n(b) a collection and enforcement order;\n\nS. 3 def. of *enforcement hearing order statement* inserted by No. 59/2017 s. 10(1).\n\n***enforcement hearing order statement*** means a statement under section 15C;\n\n***enforcement review*** means a review by the Director under section 35;\n\nS. 3 def. of *enforcement suspension period* inserted by No. 59/2017 s. 3.\n\n***enforcement suspension period*** means the period that the Director suspends enforcement of an operator onus offence under section 10V(3);\n\n***enforcement warrant*** means a warrant issued under Part 10;\n\nS. 3 def. of *enforcement warrant fee* amended by No. 59/2017 s. 69(2)(a).\n\n***enforcement warrant fee*** means the fee prescribed under section 107;\n\n***execution copy***, in relation to an enforcement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of enforcement warrants consolidated under section 117;\n\nS. 3 def. of *family violence* inserted by No. 59/2017 s. 3.\n\n***family violence*** has the same meaning as it has in section 5 of the **Family Violence Protection Act 2008**;\n\n***fine*** means either or both of the following—\n\n(a) an infringement fine;\n\n(b) a court fine;\n\nS. 3 def. of *fine defaulter* substituted by No. 59/2017 s. 10(2).\n\n***fine defaulter*** means a person, including a declared director in respect of whom a notice of final demand has been served, who owes—\n\n(a) an outstanding amount under a registered fine; or\n\n(b) an outstanding amount under a registered collection and enforcement order—\n\nbut does not include a person who has applied, in respect of any registered fine, for a payment arrangement or, in the case of a registered infringement fine, for enforcement review, until that application is determined;\n\nS. 3 def. of *fine related sentence* inserted by No. 29/2016 s. 4(1).\n\n***fine related sentence*** means a term of imprisonment or detention in a youth training centre being served by a person because of—\n\n(a) an order under section 165; or\n\n(b) being in default of—\n\n(i) an instalment order; or\n\n(ii) the payment of a fine;\n\nS. 3 def. of *fines application* inserted by No. 59/2017 s. 69(1), amended by No. 53/2021 s. 37.\n\n***fines application*** means an application made by a person—\n\n(a) for an FVS application; or\n\n(ab) under section 165CZ(1) of the **Public Health and Wellbeing Act 2008**; or\n\n(b) for internal review under Division 3 of Part 2 of the **Infringements Act 2006**; or\n\n(c) for a payment plan under Division 2 of Part 3 of the **Infringements Act 2006**; or\n\n(d) for a work and development permit; or\n\n(e) for enforcement review; or\n\n(f) for a payment arrangement;\n\nS. 3 def. of *FVS applicant* inserted by No. 59/2017 s. 3.\n\n***FVS applicant*** means a natural person who makes an FVS application;\n\nS. 3 def. of *FVS application* inserted by No. 59/2017 s. 3.\n\n***FVS application*** means an application made under section 10M;\n\nS. 3 def. of *FVS eligible offence* inserted by No. 59/2017 s. 3, amended by No. 41/2019 s. 117(Sch. 1 item 5.1).\n\n***FVS eligible offence*** means an infringement offence, but does not include any of the following—\n\n(a) a non-registrable infringement offence;\n\n(b) an infringement offence that is a drink‑driving infringement, drug‑driving infringement or an excessive speed infringement within the meaning of the **Road Safety** **Act 1986**;\n\n(d) an infringement offence against section 61A or 61BA of the **Marine (Drug, Alcohol and Pollution Control) Act 1988**;\n\n(e) an infringement offence prescribed not to be an FVS eligible offence;\n\nS. 3 def. of *FVS eligible person* inserted by No. 59/2017 s. 3.\n\n***FVS eligible person*** means a natural person who the Director determines is eligible for the family violence scheme under section 10T;\n\n***garnishee*** means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter;\n\nS. 3 def. of *health practitioner* inserted by No. 29/2016 s. 4(1).\n\n***health practitioner*** means—\n\n(a) a registered medical practitioner; or\n\n(b) a registered psychologist; or\n\n(c) a nurse;\n\n***identification information*** has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;\n\n***infringement confirmation*** means a decision by the Director under section 37(1)(a);\n\nS. 3 def. of *infringement fine* amended by No. 59/2017 s. 69(2)(b).\n\n***infringement fine*** means an infringement penalty and any penalty reminder notice fee;\n\n***infringement notice*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***infringement offence*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***infringement offender*** means a natural person against whom an enforcement warrant is executed in respect of one or more registered infringement fines;\n\n***infringement penalty*** has the same meaning as it has in the **Infringements Act 2006**;\n\nS. 3 def. of *instalment order* amended by No. 29/2016 s. 4(3).\n\n***instalment order*** means—\n\n(a) an instalment order within the meaning of the **Sentencing Act 1991**; and\n\n(b) an instalment order made under section 165(3)(c), 165A(1)(b), 165A(2)(b), 171C(4)(c), 171D(1)(b) or 171D(2)(b);\n\n***internal review*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***land charge*** means a charge on land under section 97;\n\n***land sale order*** means an order of the Supreme Court under section 102;\n\n***law enforcement agency*** has the same meaning as in the **Surveillance Devices Act 1999**;\n\nS. 3 def. of *local law* amended by No. 9/2020 s. 390(Sch. 1 item 39.1(b)).\n\n***local law*** means a local law made under Division 3 of Part 3 of the **Local Government Act 2020**;\n\n***motor vehicle*** has the same meaning as it has in the **Road Safety Act 1986**;\n\nS. 3 def. of *non-fine related sentence* inserted by No. 29/2016 s. 4(1).\n\n***non-fine related sentence*** means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence;\n\n***non-registrable infringement offence*** means—\n\n(a) an infringement offence that has been prescribed as ineligible for registration; or\n\n(b) an offence against a local law, other than a parking infringement;\n\n***notice of an attachment of earnings direction*** means a notice under section 66;\n\n***notice of final demand*** means a notice issued by the Director under section 23;\n\n***notice of intention to charge land*** means a notice under section 95;\n\n***notice of intention to sell charged land*** means a notice under section 101;\n\nS. 3 def. of *nurse* inserted by No. 29/2016 s. 4(1).\n\n***nurse*** means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);\n\n***official warning*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***parking infringement*** has the same meaning as it has in the **Road Safety Act 1986**;\n\n***payment arrangement***  means an arrangement to pay a fine entered into under Part 5;\n\n***payment plan*** means a payment plan under Part 3 of the **Infringements Act 2006**;\n\n***penalty reminder notice*** means a notice served under section 29 of the **Infringements Act 2006**;\n\nS. 3 def. of *penalty reminder notice fee* inserted by No. 59/2017 s. 69(1).\n\n***penalty reminder notice fee*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***police officer***  has the same meaning as it has in the **Victoria Police Act 2013**;\n\n***production of information direction*** means a direction made under section 59;\n\n***public sector body*** has the same meaning as it has in the **Public Administration Act 2004**;\n\nS. 3 def. of *registered collection and enforcement order* inserted by No. 59/2017 s. 10(1).\n\n***registered collection and enforcement order*** means a collection and enforcement order that has been registered with the Director under Division 2A of Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);\n\nS. 3 def. of *registered court fine* amended by Nos 59/2017 s. 69(2)(c), 17/2022 s. 3(1).\n\n***registered court fine*** means a court fine that has been registered with the Director under Part 3 for enforcement and includes any registration fee, collection fee and enforcement warrant fee (if any);\n\n***registered fine*** means either or both of the following—\n\n(a) a registered court fine;\n\n(b) a registered infringement fine;\n\nS. 3 def. of *registered infringement fine* amended by No. 59/2017 s. 69(2)(d).\n\n***registered infringement fine*** means an infringement fine registered with the Director under Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);\n\n***registered operator*** has the same meaning as it has in the **Road Safety Act 1986** and includes, in the case of an unregistered motor vehicle, the last registered operator;\n\nS. 3 def. of *registered psychologist* inserted by No. 29/2016 s. 4(1).\n\n***registered psychologist*** means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\n\n***registrar*** means a registrar within the meaning of the **Magistrates' Court Act 1989**;\n\nS. 3 def. of *registration fee* inserted by No. 59/2017 s. 69(1).\n\n***registration fee*** means the fee prescribed under—\n\n(a) section 15(2);\n\n(b) section 16(3);\n\n***relevant information***, in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information;\n\nS. 3 def. of *required information* amended by No. 17/2022 s. 3(2).\n\n***required information*** in Division 1 of Part 15, in relation to a person—\n\n(a) in respect of whom a notice of final demand has been served; or\n\n(b) in respect of whom an enforcement warrant has been received and is to be executed by the sheriff; or\n\n(c) whose property is the subject of an enforcement warrant received and to be executed by the sheriff—\n\nmeans the name, date of birth, telephone number, email address and last known address of the person that is held by a specified agency;\n\n***responsible person*** has the same meaning at it has in Part 6AA of the **Road Safety Act 1986**;\n\n***Secretary*** means the Secretary to the Department of Justice;\n\n***sentencing court*** has the same meaning as it has in the **Sentencing Act 1991**;\n\n***seven-day notice*** means a notice served under section 119;\n\n***sheriff***, in Part 13, includes a person to whom the sheriff has given a direction under section 115(5);\n\n***special circumstances*** has the same meaning as it has in the **Infringements Act 2006**;\n\n***specified agency*** means—\n\n(a) a public sector body; or\n\n(b) a Council; or\n\n(c) a prescribed organisation;\n\n***statement of financial circumstances*** means a statement required to be given to the Director under section 59;\n\nS. 3 def. of *time served order* inserted by No. 29/2016 s. 4(1).\n\n***time served order*** means an order made by the Magistrates' Court under section 171B(1);\n\nS. 3 def. of *time to pay order* substituted by No. 29/2016 s. 4(2)(c).\n\n***time to pay order*** means—\n\n(a) a time to pay order within the meaning of the **Sentencing Act 1991**, including a time to pay order being managed by payment arrangement; or\n\n(b) a time to pay order made under section 165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);\n\n***traffic infringement*** has the same meaning as it has in the **Road Safety Act 1986**;\n\nS. 3 def. of *Transport Secretary* inserted by No. 49/2019 s. 186(Sch. 4 item 20.1(b)), amended by No. 25/2025 s. 106(Sch. 1 item 16).\n\n***Transport Secretary*** means the Secretary to the Department of Transport and Planning;\n\n***vehicle*** has the same meaning as it has in the **Road Safety Act 1986**;\n\n***vehicle seizure and sale notice*** means a notice under section 132(2);\n\nS. 3 def. of *VicRoads* repealed by No. 49/2019 s. 186(Sch. 4 item 20.1(c)).\n\nS. 3 def. of *Victoria Police* inserted by No. 59/2017 s. 69(1).\n\n***Victoria Police*** has the same meaning as it has in the **Victoria Police Act 2013**;\n\nS. 3 def. of *work and development permit* substituted by No. 29/2016 s. 4(2)(d).\n\n***work and development permit*** means a permit referred to in section 10A;\n\nS. 3 def. of *work and development permit guidelines* inserted by No. 29/2016 s. 4(1).\n\n***work and development permit guidelines*** means the guidelines prepared by the Attorney‑General under section 10L.\n\nS. 3A inserted by No. 17/2022 s. 4.\n\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Objectives","content":"\t3A Objectives\n\nThe objectives of this Act are—\n\n(a) to provide for the centralised collection and enforcement of infringement fines and court fines by an administrative entity; and\n\n(b) to strengthen enforcement mechanisms to better deter people that would otherwise avoid paying their fines; and\n\n(c) to support vulnerable people with fines; and\n\n(d) to enhance review and oversight processes—\n\n(i) to ensure that the infringements system operates fairly and transparently; and\n\n(ii) to reduce the burden on the courts system.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Director, Fines Victoria","content":"Part 2—Director, Fines Victoria\n\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Director, Fines Victoria","content":"\t4 Director, Fines Victoria\n\nThere is to be a Director, Fines Victoria employed under Part 3 of the **Public Administration Act 2004**.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Functions and powers of the Director","content":"\t5 Functions and powers of the Director\n\nThe Director has the following functions—\n\n(a) to enforce registered infringement fines;\n\n(b) to manage the collection of court fines;\n\n(c) to enforce registered court fines;\n\n(d) to oversee, monitor and report on the infringement activity of enforcement agencies and the operation of internal review processes;\n\n(e) to manage the payment of infringement penalties and fines by payment arrangements for natural persons and bodies corporate;\n\n(f) to enter into arrangements or agreements with any person or body with appropriate skills and experience to act as the Director's agent in the carrying out of any functions and powers under Part 5;\n\n(g) to issue work and development permits to eligible persons who have been served with infringement notices;\n\n(h) to manage and monitor the operation of the work and development permit scheme;\n\nS. 5(haa) inserted by No. 17/2022 s. 5.\n\n(haa) to waive the payment of any outstanding amount of an infringement fine owed by an eligible person who is, or has been, subject to a work and development permit in accordance with section 10F;\n\nS. 5(ha) inserted by No. 59/2017 s. 4.\n\n(ha) to manage and monitor the operation of the family violence scheme;\n\nS. 5(hb) inserted by No. 59/2017 s. 4.\n\n(hb) to determine FVS applications;\n\nS. 5(hc) inserted by No. 53/2021 s. 38.\n\n(hc) to perform functions under Part 8B of the **Public Health and Wellbeing Act 2008**;\n\n(i) to accredit organisations and qualified health practitioners for the purposes of the work and development permit scheme;\n\n(j) to monitor the conduct of accredited agencies and accredited health practitioners accredited for the purposes of the work and development permit scheme;\n\nS. 5(ja) inserted by No. 11/2021 s. 183.\n\n(ja) to waive the payment of outstanding amounts under a relevant infringement fine that a person who is in custody is subject to in accordance with section 171AD;\n\n(k) any other powers or functions conferred or imposed on the Director by or under this Act, the **Infringements Act 2006** or any other Act.\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Powers of the Director","content":"\t6 Powers of the Director\n\nThe Director has power to do anything that is necessary or convenient to be done for or in connection with the carrying out of the Director's functions.\n\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Staff","content":"\t7 Staff\n\nThere may be employed under Part 3 of the **Public Administration Act 2004** any employees that are necessary to enable the Director to perform the Director's functions and exercise the Director's powers.\n\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Delegation","content":"\t8 Delegation\n\nS. 8(1) amended by No. 53/2021 s. 39(1).\n\n(1) Subject to subsection (2), the Director may delegate to any person or class of person employed under section 7  in the administration of this Act, the **Infringements Act 2006** or Part 8B of the **Public Health and Wellbeing Act 2008** any function or power conferred, or duty imposed, on the Director by or under this Act, the **Infringements Act 2006** or Part 8B of the **Public Health and Wellbeing Act 2008** other than this power of delegation.\n\nS. 8(2) amended by No. 53/2021 s. 39(2).\n\n(2) The Director may delegate any powers or functions under Part 5, or under Part 8B of the **Public Health and Wellbeing Act 2008**, other than this power of delegation to a person or class of persons employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 8(2A) inserted by No. 53/2021 s. 39(3).\n\n(2A) The Director may delegate any powers or functions under Part 8B of the **Public Health and Wellbeing Act 2008** other than this power of delegation to a contractor within the meaning of section 173A\n\n(3) A delegation under this section must be—\n\n(a) by instrument; and\n\n(b) to a person or class of persons or body with appropriate skills and experience to carry out the delegated powers or functions of the Director.\n\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Powers to waive or reduce costs or fees","content":"\t9 Powers to waive or reduce costs or fees\n\nS. 9(1) amended by No. 59/2017 s. 70(1).\n\n(1) The Director may waive or reduce any fees payable or paid by a person under this Act or the **Infringements Act 2006** if satisfied that in all the circumstances it is appropriate to do so.\n\n(2) A waiver or reduction under subsection (1) may be—\n\n(a) in whole or in part; and\n\n(b) in respect of certain matters or classes of matters; and\n\n(c) in respect of certain persons or classes of persons; and\n\n(d) subject to specified conditions.\n\nS. 9(3) amended by No. 59/2017 s. 70(2).\n\n(3) In the case of a court fine, the Director must not exercise a power to waive or reduce fees under subsection (1) if the court has imposed those fees.\n\nS. 9(4) substituted by No. 29/2016 s. 5.\n\n(4) If the Director reduces costs or fees under subsection (1), the reduced amount must be paid—\n\n(a) within 21 days; or\n\n(b) if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement.\n\nS. 9(5) inserted by No. 29/2016 s. 5, amended by No. 59/2017 s. 70(3).\n\n(5) If a person makes a part payment of the reduced fees that is not part of a payment arrangement, or fails to pay reduced fees in accordance with subsection (4), any enforcement action available under this Act or the **Infringements Act 2006** may resume from the point that any enforcement action under this Act or the **Infringements Act 2006** had reached at the time the reduction was made under subsection (1).\n\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Director has standing to appear or be represented at certain hearings","content":"\t10 Director has standing to appear or be represented at certain hearings\n\n(1) Subject to subsection (3), the Director is entitled to appear or be represented and to give evidence at the hearing of the following—\n\n(a) an application under section 30 challenging being a declared director;\n\n(b) a proceeding under section 165;\n\n(c) a proceeding under Part 3B of the **Sentencing Act 1991**, unless the court orders otherwise.\n\n(2) Without limiting any other power of the Director to appear or be represented or give evidence in any proceeding, the Director may appear or be represented and give evidence at the hearing of any proceeding if the court hearing that proceeding requires the Director to do so.\n\n(3) The absence of the Director or the Director's representative does not prevent a court from making any order.\n\n(4) Nothing in this section requires the Director to appear or be represented at a hearing referred to in subsection (1).\n\nPt 2A (Heading and ss 10A–10L) inserted by No. 29/2016 s. 6.\n\n","sortOrder":13},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Work and development permits","content":"Part 2A—Work and development permits\n\nS. 10AA inserted by No. 17/2022 s. 28.\n\n\t**10AA Meaning of *eligible person***\n\n(1) In this Part, ***eligible person*** means a person—\n\n(a) served with an infringement notice or in respect of whom a collection and enforcement order in relation to an outstanding registered infringement fine has been made and registered under section 15E; and\n\n(b) in respect of whom at least one paragraph in subsection (2) applies.\n\n(2) For the purposes of subsection (1)(b), the following paragraphs are specified—\n\n(a) the person has a mental or intellectual disability, disorder or illness;\n\n(b) the person has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the **Drugs, Poisons and Controlled Substances Act 1981**;\n\n(c) the person is experiencing homelessness in accordance with the prescribed criteria (if any);\n\n(d) the person is experiencing acute financial hardship;\n\n(e) the person is the victim of family violence within the meaning of section 5 of the **Family Violence Protection Act 2008**.\n\nThe work and development permit guidelines made by the Attorney-General under section 10L specify the kind of circumstances that should apply to a person in order to satisfy the Director that the person is an eligible person.\n\nS. 10A inserted by No. 29/2016 s. 6, amended by No. 17/2022 s. 29.\n\n","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Work and development permits","content":"\t10A Work and development permits\n\nA work and development permit is a permit issued by the Director to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement fine or any outstanding amount under a registered collection and enforcement order made in relation to an outstanding registered infringement fine by—\n\n(a) participating in unpaid work under the supervision of an accredited agency; or\n\n(b) completing a suitable  course, including educational, vocational or life skills courses; or\n\n(c) undergoing treatment given by an accredited health practitioner; or\n\n(d) receiving financial or other types of counselling; or\n\n(e) in the case of an eligible person under the age of 25 years, participating in a mentoring program.\n\nS. 10B inserted by No. 29/2016 s. 6.\n\n","sortOrder":15},{"sectionNumber":"10B","sectionType":"section","heading":"Application for work and development permit","content":"\t10B Application for work and development permit\n\n(1) Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person.\n\n(2) An application under subsection (1) must not be made if—\n\n(a) the seven-day notice has expired; or\n\nS. 10B(2)(ab) inserted by No. 59/2017 s. 71.\n\n(ab) the eligible person has waived the unexpired period of the seven-day notice under section 36 of the **Sheriff Act 2009**; or\n\n(b) an attachment of earnings direction or an attachment of debts direction has been made; or\n\n(c) a land charge has been recorded; or\n\n(d) property has been seized under a vehicle seizure and sale notice; or\n\n(e) an infringement fine has been paid; or\n\n(f) the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**.\n\n(3) An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 10E.\n\n(4) An application under subsection (1) must specify—\n\n(a) the name and address of the eligible person; and\n\n(b) as appropriate—\n\n(i) the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or\n\n(ii) the accredited health practitioner making the application; and\n\nS. 10B(4)(c) amended by No. 17/2022 s. 30(1).\n\n(c) the grounds for requesting the work and development permit including each infringement offence, infringement fine or registered collection and enforcement order in relation to a registered infringement fine to which the work and development permit will relate; and\n\n(d) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and\n\n(e) a proposed time for the completion of those activities.\n\nS. 10B(5) substituted by No. 17/2022 s. 30(2).\n\n(5) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of the following until the Director makes a decision under section 10C—\n\n(a) any outstanding infringement fines under the work and development permit;\n\n(b) any registered collection and enforcement orders in relation to registered infringement fines under the work and development permit.\n\nS. 10C inserted by No. 29/2016 s. 6.\n\n","sortOrder":16},{"sectionNumber":"10C","sectionType":"section","heading":"Approval of work and development permit","content":"\t10C Approval of work and development permit\n\nThe Director may approve an application for a work and development permit made under section 10B if the Director is satisfied that the application is in respect of an eligible person.\n\nS. 10D inserted by No. 29/2016 s. 6.\n\n","sortOrder":17},{"sectionNumber":"10D","sectionType":"section","heading":"Effect of work and development permit","content":"\t10D Effect of work and development permit\n\nS. 10D(1) amended by No. 17/2022 s. 31(1).\n\n(1) If a work and development permit is approved under section 10C, further action under the **Infringements Act 2006** or enforcement action under this Act  against the eligible person in respect of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine is suspended until—\n\n(a) the eligible person completes the work and development permit; or\n\nS. 10D(1)(ab) inserted by No. 17/2022 s. 6(1).\n\n(ab) the eligible person partially completes the work and development permit; or\n\n(b) the work and development permit is cancelled.\n\nS. 10D(2) amended by No. 17/2022 s. 31(2).\n\n(2) If a person who is subject to a work and development permit completes the work and development permit, any infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) to which the work and development permit relates is satisfied to the extent set out in the permit.\n\nS. 10D(3) amended by No. 59/2017 s. 72, repealed by No. 17/2022 s. 6(2).\n\nS. 10D(4) amended by No. 17/2022 s. 31(3).\n\n(4) If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) owed by the eligible person is reduced to reflect the extent of the partial completion of the permit.\n\nS. 10D(5) repealed by No. 17/2022 s. 6(3).\n\nS. 10E inserted by No. 29/2016 s. 6.\n\n","sortOrder":18},{"sectionNumber":"10E","sectionType":"section","heading":"Variation or cancellation of work and development permit","content":"\t10E Variation or cancellation of work and development permit\n\n(1) The Director may vary (including by suspension) or cancel a work and development permit—\n\n(a) on the request of a person specified in subsection (2); or\n\n(b) on the Director's own motion.\n\n(2) A request under subsection (1)(a) may be made by—\n\n(a) the person who is subject to the work and development permit or another person on that person's behalf; or\n\n(b) the accredited agency or accredited health practitioner supervising the activity, course or treatment.\n\n(3) The Director may vary a work and development permit under subsection (1) by suspending it for a specified period if—\n\n(a) the person who is subject to the work and development permit is ill; or\n\n(b) other exceptional circumstances exist.\n\nS. 10F inserted by No. 29/2016 s. 6.\n\n","sortOrder":19},{"sectionNumber":"10F","sectionType":"section","heading":"Infringement fine may be waived in limited circumstances","content":"\t10F Infringement fine may be waived in limited circumstances\n\nS. 10F(1) amended by No. 17/2022 ss 7(1), 32(1).\n\n(1) Subject to subsection (2), the Director may waive the payment of any outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) owed by an eligible person who is subject to, or has been subject to, a work and development permit.\n\nS. 10F(2) amended by No. 17/2022 s. 32(2)(a).\n\n(2) The Director may waive the payment of any outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) under subsection (1) if—\n\nS. 10F(2)(a) amended by No. 17/2022 s. 32(2)(b).\n\n(a) collection of the outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) is no longer feasible; and\n\n(b) the eligible person has complied with, or has attempted to comply with, a work and development permit.\n\nS. 10F(3) amended by No. 17/2022 s. 7(2).\n\n(3) On the Director waiving payment under subsection (1), the eligible person is taken to have completed the work and development permit for the purposes of section 32(1A)(a)(ii) of the **Infringements Act 2006**.\n\nS. 10F(4) amended by No. 17/2022 ss 7(3), 32(3).\n\n(4) If the Director waives the outstanding amount of an infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) under subsection (1), the Director must notify in writing—\n\n(a) the eligible person; and\n\n(b) the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and\n\n(c) the enforcement agency that issued the infringement notice.\n\n(5) A notice under subsection (4) must specify—\n\nS. 10F(5)(a) substituted by No. 17/2022 s. 32(4).\n\n(a) that the Director has waived the outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate); and\n\n(b) that the eligible person has expiated the offence.\n\nS. 10FA inserted by No. 17/2022 s. 8.\n\n\t10FA Work and development permit may extend period for commencing proceeding for offence\n\n(1) If a person is subject to a work and development permit in respect of an infringement fine, the period during which a proceeding must be commenced for the infringement offence to which the infringement fine relates is extended as follows—\n\n(a) if the work and development permit is cancelled and payment in respect of the infringement fine remains outstanding, by 6 months after the work and development permit is cancelled;\n\n(b) if a person who is subject to a work and development permit removes an infringement fine in respect of an infringement offence from the work and development permit, by 6 months after the date on which the person has removed that infringement fine from the work and development permit.\n\n(2) Subsection (1) has effect despite section 7(1) of the **Criminal Procedure Act 2009**, section 344A of the **Children, Youth and Families Act 2005** or any other provision of any Act or other instrument providing for the period during which a proceeding must be commenced for an offence alleged to have been committed.\n\nS. 10G inserted by No. 29/2016 s. 6.\n\n","sortOrder":20},{"sectionNumber":"10G","sectionType":"section","heading":"Accredited agencies","content":"\t10G Accredited agencies\n\n(1) An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Director to become an accredited agency.\n\n(2) An application under subsection (1) must—\n\n(a) be made in accordance with the work and development permit guidelines; and\n\n(b) include the prescribed particulars (if any).\n\n(3) The Director, in the Director's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit.\n\n(4) An accreditation issued under this section is subject to—\n\n(a) any conditions specified in the accreditation; and\n\n(b) any prescribed conditions.\n\nS. 10H inserted by No. 29/2016 s. 6.\n\n","sortOrder":21},{"sectionNumber":"10H","sectionType":"section","heading":"Accredited health practitioners","content":"\t10H Accredited health practitioners\n\n(1) A qualified health practitioner may apply to the Director to become an accredited health practitioner.\n\n(2) An application under subsection (1) must—\n\n(a) be made in accordance with the work and development permit guidelines; and\n\n(b) include the prescribed particulars (if any).\n\n(3) The Director, in the Director's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Director is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner.\n\n(4) An accreditation issued under this section is subject to—\n\n(a) any conditions specified in the accreditation; and\n\n(b) any prescribed conditions.\n\nS. 10I inserted by No. 29/2016 s. 6.\n\n","sortOrder":22},{"sectionNumber":"10I","sectionType":"section","heading":"Monitoring of accredited agencies and accredited health practitioners","content":"\t10I Monitoring of accredited agencies and accredited health practitioners\n\nThe Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is—\n\n(a) keeping all relevant records in accordance with section 10J; and\n\n(b) complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and\n\n(c) complying with any requirements under this Act, the regulations or the work and development permit guidelines.\n\nS. 10J inserted by No. 29/2016 s. 6.\n\n","sortOrder":23},{"sectionNumber":"10J","sectionType":"section","heading":"Record-keeping by accredited agencies and accredited health practitioners","content":"\t10J Record-keeping by accredited agencies and accredited health practitioners\n\n(1) An accredited agency or accredited health practitioner must—\n\n(a) keep a record of all relevant information relating to—\n\n(i) any work and development permit for which the accredited agency or accredited health practitioner is responsible; and\n\n(ii) the accreditation of the accredited agency or accredited health practitioner, including all evidence demonstrating that the accredited agency or accredited health practitioner meets all necessary requirements for accreditation; and\n\n(b) keep any prescribed information.\n\n(2) The Director may request an accredited agency or accredited health practitioner to give the Director any information required to be kept under subsection (1).\n\n(3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2).\n\nS. 10K inserted by No. 29/2016 s. 6.\n\n","sortOrder":24},{"sectionNumber":"10K","sectionType":"section","heading":"Accreditation may be cancelled or surrendered","content":"\t10K Accreditation may be cancelled or surrendered\n\n(1) The Director may cancel the accreditation of an accredited agency or accredited health practitioner if—\n\n(a) the accredited agency or accredited health practitioner fails to comply with section 10J(2); or\n\n(b) the Director otherwise considers it necessary to do so.\n\n(2) An accredited agency may surrender its accreditation at any time by written notification to the Director.\n\n(3) An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Director.\n\n(4) If an accreditation is cancelled or surrendered in accordance with this section, the Director must advise any person who is subject to a work and development permit that was being supervised—\n\n(a) by an organisation, that the organisation has had its accreditation cancelled or has surrendered its accreditation to the Director; or\n\n(b) by a health practitioner, that the health practitioner has had the practitioner's accreditation cancelled or has surrendered the practitioner's accreditation to the Director.\n\nS. 10L inserted by No. 29/2016 s. 6.\n\n","sortOrder":25},{"sectionNumber":"10L","sectionType":"section","heading":"Work and development permit guidelines","content":"\t10L Work and development permit guidelines\n\n(1) For the purposes of this Part, the Attorney‑General must make guidelines specifying—\n\n(a) the circumstances of a person who has been served with an infringement notice that must be established to satisfy the Director that the person is an eligible person; and\n\nS. 10L(1)(ab) inserted by No. 17/2022 s. 33(1).\n\n(ab) the circumstances of a person in respect of whom a registered collection and enforcement order in relation to a registered infringement fine has been made that must be established to satisfy the Director that the person is an eligible person; and\n\nS. 10L(1)(b) amended by No. 17/2022 s. 33(2).\n\n(b) the work-off rates for satisfaction or part satisfaction of an infringement penalty, infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate); and\n\n(c) the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under work and development permits; and\n\n(d) the information and any documents required to be included in any application to become an accredited agency or accredited health practitioner; and\n\n(e) the details to be included in any proposed work and development permit to be approved by the Director; and\n\n(f) any other matter the Attorney-General considers appropriate for inclusion in the guidelines.\n\n(2) The Attorney-General—\n\n(a) must cause the work and development permit guidelines to be published in the Government Gazette; and\n\n(b) may publish the work and development permit guidelines on the Internet.\n\n(3) The work and development permit guidelines take effect—\n\n(a) on the date of publication in the Government Gazette; or\n\n(b) on a later date specified in the guidelines.\n\nPt 2B (Headings and ss 10M–10Z) inserted by No. 59/2017 s. 5.\n\n","sortOrder":26},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Family violence scheme","content":"Part 2B—Family violence scheme\n\n","sortOrder":27},{"sectionNumber":"Div 1","sectionType":"division","heading":"Family violence scheme applications","content":"Division 1—Family violence scheme applications\n\nS. 10M inserted by No. 59/2017 s. 5.\n\n","sortOrder":28},{"sectionNumber":"10M","sectionType":"section","heading":"FVS application","content":"\t10M FVS application\n\n(1) A natural person may apply to the Director for a determination that the person is an FVS eligible person for the purposes of the family violence scheme.\n\n(2) An FVS application may be made by a person acting on behalf of the FVS applicant.\n\n(3) This section does not apply to a person who applies for enforcement review under section 32 if the enforcement review application is made, and not withdrawn, on the basis of family violence (the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence).\n\nNote to s. 10M(3) substituted by No. 53/2021 s. 57.\n\nSee section 3A(1)(d) of the **Infringements Act 2006**.\n\nS. 10N inserted by No. 59/2017 s. 5.\n\n","sortOrder":29},{"sectionNumber":"10N","sectionType":"section","heading":"Form of FVS application","content":"\t10N Form of FVS application\n\nAn FVS application must—\n\n(b) state the grounds on which the application is made; and\n\n(c) provide the FVS applicant's address for service; and\n\n(d) refer to the infringement fine to which the application relates; and\n\n(e) include any other prescribed information.\n\nS. 10O (Heading) amended by No. 17/2022 s. 9(1).\n\nS. 10O inserted by No. 59/2017 s. 5.\n\n","sortOrder":30},{"sectionNumber":"10O","sectionType":"section","heading":"FVS application to be made before certain events","content":"\t10O FVS application to be made before certain events\n\nAn FVS application must be made before any of the following occur in respect of the infringement offence referred to in the application—\n\n(a) a seven-day notice has expired;\n\n(b) an attachment of earnings direction or an attachment of debts direction has been made;\n\n(c) a land charge has been recorded;\n\n(d) property has been seized under a vehicle seizure and sale notice;\n\nS. 10O(e) amended by No. 17/2022 s. 9(2)(a).\n\n(e) the infringement fine has been paid;\n\nS. 10O(f) inserted by No. 17/2022 s. 9(2)(b).\n\n(f) the hearing and determination of the matter of the infringement offence in a court following—\n\n(i) the election of a person to have the matter heard and determined in the court; or\n\n(ii) the referral of the matter to the court by an enforcement agency.\n\nS. 10P inserted by No. 59/2017 s. 5.\n\n","sortOrder":31},{"sectionNumber":"10P","sectionType":"section","heading":"Additional eligible infringement offence during FVS application","content":"\t10P Additional eligible infringement offence during FVS application\n\n(1) If an FVS applicant receives an infringement notice for an FVS eligible offence that was committed after an FVS application is made, but before the determination of the FVS application, the FVS applicant may request that the Director add the offence to the FVS application.\n\n(2) A request under subsection (1) must contain sufficient information to identify the FVS eligible offence that is to be added to the FVS application.\n\nS. 10Q inserted by No. 59/2017 s. 5.\n\n","sortOrder":32},{"sectionNumber":"10Q","sectionType":"section","heading":"Request for additional information","content":"\t10Q Request for additional information\n\n(1) The Director by written request may request an FVS applicant to provide any additional information the Director requires to determine the FVS application.\n\n(2) The FVS applicant—\n\n(a) must provide the additional information requested by the Director under subsection (1) within 14 days of service of the request; or\n\n(b) may request, in writing, an extension of time to provide the additional information, if additional time is required.\n\n(3) If an FVS applicant requests additional time under subsection (2)(b), the Director may—\n\n(a) grant an extension of time not exceeding 3 months from the service of the original request for that information to be provided; or\n\n(b) refuse to extend the time for the provision of the additional information.\n\n(4) If the Director grants an extension of time under subsection (3)(a), the Director must inform the FVS applicant, in writing, of the period of the extension.\n\n(5) If an FVS applicant fails to provide the information requested under subsection (1) to the Director within the time required (including any extended period), the Director—\n\n(a) may determine the FVS application without the additional information; or\n\n(b) if the FVS applicant provides the additional information to the Director out of time, the Director may—\n\n(i) accept that late information; and\n\n(ii) determine the FVS application with that late information.\n\nS. 10R inserted by No. 59/2017 s. 5.\n\n","sortOrder":33},{"sectionNumber":"10R","sectionType":"section","heading":"Verification of information supplied in FVS application","content":"\t10R Verification of information supplied in FVS application\n\n(1) The Director may specify how any information supplied to it in an FVS application is to be verified.\n\n(2) Without limiting subsection (1), the Director may require that information be supplied in the form of, or be verified by, a statutory declaration.\n\nS. 10S inserted by No. 59/2017 s. 5.\n\n","sortOrder":34},{"sectionNumber":"10S","sectionType":"section","heading":"Suspension of enforcement action for infringement offence the subject of FVS application","content":"\t10S Suspension of enforcement action for infringement offence the subject of FVS application\n\n(1) If an FVS application is made, the Director must direct an enforcement agency to suspend any enforcement action under this Act against the FVS applicant in respect of each FVS eligible offence referred to in the FVS application.\n\n(2) A direction under subsection (1) must—\n\n(a) include notice of—\n\n(i) the FVS application; and\n\n(ii) the suspension of enforcement action; and\n\n(b) specify that enforcement action against the FVS applicant is suspended for the period specified in the direction.\n\n(3) The suspension of enforcement action under subsection (1) begins from the time that the FVS application is made and ends on the later of—\n\n(a) in the case of the Director having determined that the FVS applicant is not an FVS eligible person, the date of that determination; or\n\n(b) in the case of the Director having determined that the FVS applicant is an FVS eligible person, the date of withdrawal of the infringement notice for the FVS eligible offence under section 10U(2)(a).\n\n(4) Enforcement action for an infringement offence committed by an FVS applicant after an FVS application is made is not suspended, unless—\n\n(a) the infringement offence is added to the application pursuant to a request under section 10P(1) and the enforcement agency is given notice of the FVS application; or\n\n(b) the FVS applicant makes another FVS application that includes the infringement offence and an enforcement agency is given notice of the other FVS application.\n\nDivision 2—Determination of FVS application\n\nS. 10T inserted by No. 59/2017 s. 5.\n\n","sortOrder":35},{"sectionNumber":"10T","sectionType":"section","heading":"Determination of FVS eligible person","content":"\t10T Determination of FVS eligible person\n\n(1) The Director may determine that an FVS applicant is an FVS eligible person in respect of an FVS eligible offence if the Director is satisfied that—\n\n(a) the FVS applicant was served with an infringement notice in relation to the FVS eligible offence; and\n\n(b) the FVS applicant is a victim of family violence; and\n\n(c) either—\n\n(i) the family violence substantially contributed to the FVS applicant being unable to control the conduct that constituted the FVS eligible offence; or\n\n(ii) in the case of an FVS eligible offence that is an operator onus offence within the meaning of Part 6AA of the **Road Safety Act 1986**—\n\n(A) the FVS applicant was the registered operator of the vehicle at the time of the offence but was not the driver at the time of the offence; and\n\n(B) the family violence substantially contributed to the FVS applicant being unable to make a known user statement (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the offence.\n\n(2) The Director must determine that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence if the Director is satisfied that the criteria in subsection (1) are not met.\n\n(3) The Director must serve written notice on the FVS applicant of the determination that—\n\n(a) the FVS applicant is an FVS eligible person in respect of the relevant FVS eligible offence; or\n\n(b) the FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence.\n\n(4) A determination by the Director under this Part in relation to a person's experience of family violence is not a matter to be taken into account for the purpose of determining the guilt or liability of a person for an offence in any proceeding.\n\n","sortOrder":36},{"sectionNumber":"Div 3","sectionType":"division","heading":"FVS eligible persons","content":"Division 3—FVS eligible persons\n\nS. 10U inserted by No. 59/2017 s. 5.\n\n","sortOrder":37},{"sectionNumber":"10U","sectionType":"section","heading":"Cancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person","content":"\t10U Cancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person\n\n(1) Within 21 days of determining that an FVS applicant is an FVS eligible person, the Director must—\n\n(a) cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action in respect of the FVS eligible offence; and\n\n(b) waive any additional fees and costs that have been added to the infringement penalty under this Act, the **Infringements Act 2006**, or regulations made under those Acts; and\n\n(c) direct the enforcement agency to—\n\n(i) withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the **Infringements Act 2006**; and\n\n(ii) take no further action in relation to the FVS eligible offence.\n\n(2) An enforcement agency that receives a direction under subsection (1)(c) must—\n\n(a) withdraw the infringement notice within 28 days of receiving the direction; and\n\n(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.\n\n(3) Subsection (1) does not apply to an FVS eligible offence to which section 10V applies.\n\nS. 10V inserted by No. 59/2017 s. 5.\n\n","sortOrder":38},{"sectionNumber":"10V","sectionType":"section","heading":"Suspension of enforcement of operator onus offence in relation to FVS eligible person","content":"\t10V Suspension of enforcement of operator onus offence in relation to FVS eligible person\n\n(1) This section applies if—\n\n(a) an FVS eligible offence is an operator onus offence for the purposes of Part 6AA of the **Road Safety Act 1986**; and\n\n(b) the FVS eligible person was—\n\n(i) the operator (within the meaning of Part 6AA of the **Road Safety Act 1986**) of a motor vehicle; and\n\n(ii) not the driver, or in possession or control of that motor vehicle at the time of the offence.\n\n(2) Within 21 days of receiving notice from the Director that the FVS applicant is an FVS eligible person, the FVS eligible person may make a written request to the Director for the suspension of enforcement action of an FVS eligible offence to which this section applies.\n\n(3) If the Director receives a written request referred to in subsection (2), the Director may suspend any enforcement action that may be taken under this Act and the **Infringements Act 2006** against the FVS eligible person in respect of the FVS eligible offence for a period not exceeding 6 months.\n\n(4) If the Director suspends enforcement action under subsection (3), the Director may direct that an enforcement agency is to take no enforcement action in respect of the FVS eligible offence during the enforcement suspension period.\n\n(5) If the Director suspends enforcement action under subsection (3) and the FVS eligible person makes an effective known user statement (within the meaning of Part 6AA of the **Road Safety Act 1986**), the suspension of enforcement ends.\n\n(6) If an effective known user statement referred to in subsection (5) is cancelled under section 84BF of the **Road Safety Act 1986**, the Director may refer the FVS eligible offence to the enforcement agency, who may take any action referred to in section 38(1)(a) with respect to the FVS eligible offence.\n\n(7) In the circumstances referred to in subsection (8), the Director must—\n\n(a) cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action, in respect of the FVS eligible offence; and\n\n(b) waive any additional fees and costs that have been added to the infringement penalty under this Act, the **Infringements Act 2006**, or regulations made under those Acts; and\n\n(c) direct the enforcement agency to—\n\n(i) withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the **Infringements Act 2006**; and\n\n(ii) take no further action in relation to the FVS eligible offence; and\n\n(d) notify the FVS eligible person of any action the Director takes under this subsection.\n\n(8) For the purposes of subsection (7), the specified circumstances are—\n\n(a) the Director has not received a written request from the FVS eligible person referred to in subsection (2); or\n\n(b) a written request referred to in subsection (2) has been made and no effective known user statement has been made by the FVS eligible person by the end of the period of enforcement suspension referred to in subsection (3).\n\n(9) An enforcement agency that receives a direction under subsection (7)(c) must—\n\n(a) withdraw the infringement notice within 28 days of receiving the direction; and\n\n(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.\n\n","sortOrder":39},{"sectionNumber":"Div 4","sectionType":"division","heading":"FVS ineligible persons","content":"Division 4—FVS ineligible persons\n\nS. 10W inserted by No. 59/2017 s. 5.\n\n","sortOrder":40},{"sectionNumber":"10W","sectionType":"section","heading":"FVS applicant ineligible for family violence scheme","content":"\t10W FVS applicant ineligible for family violence scheme\n\n(1) If the Director determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence, the Director must give written notice of the determination within 21 days of its making to the enforcement agency.\n\n(2) Within 21 days of the Director notifying an FVS applicant that the FVS applicant is not an FVS eligible person, the person liable to pay the fine referred to in the FVS application must—\n\n(a) pay the fine, and subject to subsection (3), any related fees; or\n\n(b) take any other action in relation to the fine which the person may take under this Act or the **Infringements Act 2006**.\n\n(3) For the purpose of subsection (2)(a), a person is not liable for any fees related to any fine which is the subject of an FVS application which accrue while the FVS application is being determined.\n\nS. 10W(4) amended by No. 17/2022 s. 10.\n\n(4) If the Director determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under section 10T, an enforcement agency may, 21 days after the Director has notified the FVS applicant of their ineligibility, resume enforcement action in relation to the infringement offence.\n\n(5) If an enforcement agency which receives notice under subsection (1) commences a proceeding for the alleged offence, the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notice.\n\n(6) Subsection (5) has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\n","sortOrder":41},{"sectionNumber":"Div 5","sectionType":"division","heading":"Referral of infringement offence to enforcement agency","content":"Division 5—Referral of infringement offence to enforcement agency\n\nS. 10X inserted by No. 59/2017 s. 5.\n\n","sortOrder":42},{"sectionNumber":"10X","sectionType":"section","heading":"Director may refer infringement offence in FVS application to enforcement agency","content":"\t10X Director may refer infringement offence in FVS application to enforcement agency\n\n(1) This section applies whether or not a person is an FVS eligible person.\n\n(2) Despite anything to the contrary in this Part, the Director may cancel the enforcement of an infringement offence included in an FVS application and refer the matter back to the enforcement agency.\n\n(3) In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director must consider the following—\n\n(a) the number, frequency and nature of the FVS applicant's offences;\n\n(b) whether, in relation to each offence—\n\n(i) family violence substantially contributed to the FVS applicant being unable to control the conduct that constitutes the offence; or\n\n(ii) the offence was an operator onus offence for the purposes of Part 6AA of the **Road Safety Act** **1986** and the person was the registered operator of the vehicle but was not the driver at the time of the offence;\n\n(c) other FVS applications the FVS applicant has previously made.\n\n(4) In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director may consider any other matter the Director considers relevant.\n\nS. 10Y inserted by No. 59/2017 s. 5.\n\n","sortOrder":43},{"sectionNumber":"10Y","sectionType":"section","heading":"Enforcement agency may prosecute or withdraw infringement notice","content":"\t10Y Enforcement agency may prosecute or withdraw infringement notice\n\n(1) An enforcement agency to which the Director refers an infringement offence under section 10X(2) may—\n\n(a) withdraw the infringement notice by issuing a withdrawal notice under section 19 of the **Infringements Act 2006** and—\n\n(i) take no further action against the person; or\n\n(ii) issue an official warning to the person; or\n\n(b) file a charge-sheet charging the offence alleged to have been committed.\n\n(2) If an enforcement agency to which the Director refers an infringement offence under section 10X(2) commences a proceeding for the alleged offence by filing a charge-sheet under subsection (1)(b), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date that the Director refers the infringement offence to the enforcement agency.\n\n(3) Subsection (2) has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\n","sortOrder":44},{"sectionNumber":"Div 6","sectionType":"division","heading":"Review of family violence scheme","content":"Division 6—Review of family violence scheme\n\nS. 10Z inserted by No. 59/2017 s. 5.\n\n","sortOrder":45},{"sectionNumber":"10Z","sectionType":"section","heading":"Review of FVS","content":"\t10Z Review of FVS\n\n(1) The Minister must cause a review of the operation of the family violence scheme in this Part to be undertaken.\n\n(2) The review must commence no later than 2 years after the commencement of the operation of the family violence scheme.\n\n(3) The review must review the operation of the family violence scheme in accordance with terms of reference determined by the Minister, including the potential impact on road safety.\n\n(4) The person appointed by the Minister to conduct the review must provide a written report to the Minister.\n\nPart 3—Management for collection and enforcement of fines by Director\n\nDivision 1—Application of Part\n\n\t11 Part does not apply to children\n\nThis Part does not apply to an infringement notice issued in respect of a child.\n\nSee Schedule 3 to the **Children, Youth and Families Act 2005**.\n\nDivision 2—Referral for collection and registration of court fines\n\n","sortOrder":46},{"sectionNumber":"12","sectionType":"section","heading":"Division does not derogate from Sentencing Act 1991","content":"\t12 Division does not derogate from Sentencing Act 1991\n\nThis Division is in addition to, and does not derogate from, any powers of a court under the **Sentencing Act 1991**.\n\n","sortOrder":47},{"sectionNumber":"13","sectionType":"section","heading":"Referral for collection of court fine by Director","content":"\t13 Referral for collection of court fine by Director\n\n(1) If a court imposes a court fine on an offender, unless the court otherwise orders, the court fine is referred to the Director for collection and management when the order imposing the court fine is made.\n\nS. 13(1A) inserted by No. 17/2022 s. 34.\n\n(1A) Despite subsection (1), a court fine imposed on an offender is not referred to the Director for collection and management until the court provides the Director with the prescribed information to enable collection and management of the fine by the Director.\n\nS. 13(2) amended by No. 29/2016 s. 7.\n\n(2) If a court makes an order imposing a court fine referred to in subsection (1), the offender may—\n\n(a) if the offender decides to pay the fine on the same day the order is made, pay the fine to the court that imposed the fine; or\n\n(b) if the offender decides to pay the fine any time after the day the fine is imposed up until the day the fine is due, pay the fine to the Director.\n\n(3) 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, the Director must collect and manage the court fine in accordance with any terms specified by the court in the order.\n\n(4) Subject to subsection (3), the Director may manage any court fine referred to the Director for collection and management under this section as if the Director had made a payment arrangement for that court fine with the offender.\n\n","sortOrder":48},{"sectionNumber":"14","sectionType":"section","heading":"Court fine collection statement","content":"\t14 Court fine collection statement\n\n(1) As soon as practicable after a court fine is referred to the Director in accordance with section 13, the Director must serve a court fine collection statement on the offender.\n\n(2) A court fine collection statement must—\n\n(b) specify—\n\nS. 14(2)(b)(i) substituted by No. 17/2022 s. 35.\n\n(i) the details of the court fine imposed on the offender; and\n\nS. 14(2)(b)(ii) substituted by No. 17/2022 s. 35.\n\n(ii) that failure to pay the court fine as required by the order may result in the fine being registered for enforcement by the Director; and\n\n(iii) any prescribed details; and\n\n(c) include a summary of the enforcement action available under this Act if the court fine is registered.\n\nS. 15 amended by No. 59/2017 s. 73(2) (ILA s. 39B(1)).\n\n","sortOrder":49},{"sectionNumber":"15","sectionType":"section","heading":"Registration of court fine for enforcement","content":"\t15 Registration of court fine for enforcement\n\n(1) Unless a court otherwise orders, a court fine is registered with the Director for enforcement if an offender—\n\nS. 15(1)(a) amended by No. 59/2017 s. 73(1).\n\n(a) fails to pay the court fine as required by the order; or\n\n(b) fails to comply with the terms of the instalment order or time to pay order; or\n\n(c) fails to comply with the payment arrangement where the court fine is included in a payment arrangement.\n\nS. 15(2) inserted by No. 59/2017 s. 73(2).\n\n(2) On the registration of the court fine the prescribed fee is payable by the enforcement agency.\n\nNote to s. 15 inserted by No. 29/2016 s. 8.\n\nSee Part 5 for the management by a payment arrangement of a court fine or a registered court fine that may or may not have been the subject of an instalment order or a time to pay order.\n\nPt 3 Div. 2A (Heading and ss 15A–15E) inserted by No. 59/2017 s. 11.\n\n","sortOrder":50},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Referral of enforcement hearing orders, registration of collection and enforcement orders","content":"Division 2A—Referral of enforcement hearing orders, registration of collection and enforcement orders\n\nS. 15A inserted by No. 59/2017 s. 11.\n\n","sortOrder":51},{"sectionNumber":"15A","sectionType":"section","heading":"Division does not derogate from Sentencing Act 1991","content":"\t15A Division does not derogate from Sentencing Act 1991\n\nThis Division is in addition to, and does not derogate from, any powers of a court under the **Sentencing Act 1991**.\n\nS. 15B inserted by No. 59/2017 s. 11.\n\n","sortOrder":52},{"sectionNumber":"15B","sectionType":"section","heading":"Referral of enforcement hearing orders to Director for collection","content":"\t15B Referral of enforcement hearing orders to Director for collection\n\n(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.\n\nS. 15B(1A) inserted by No. 17/2022 s. 36(1).\n\n(1A) Despite subsection (1), an enforcement hearing order made in respect of a person is not referred to the Director for collection and management until the court provides the Director with the prescribed information to enable collection and management of the enforcement and hearing order by the Director.\n\n(2) If a court makes an enforcement hearing order referred to in subsection (1), the person may—\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\nNote to s. 15B inserted by No. 17/2022 s. 36(2).\n\nSee Part 5 for the management by a payment arrangement of an enforcement hearing order that may or may not have been the subject of an instalment order or a time to pay order.\n\nS. 15C inserted by No. 59/2017 s. 11.\n\n","sortOrder":53},{"sectionNumber":"15C","sectionType":"section","heading":"Enforcement hearing order statement","content":"\t15C Enforcement hearing order statement\n\n(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.\n\n(2) An enforcement hearing order statement must—\n\n(b) specify—\n\n(i) the court order made in respect of the person; and\n\n(ii) any prescribed details; and\n\n(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\n\n(d) include a summary of the powers available under this Act if the enforcement hearing order is registered with the Director.\n\nS. 15D inserted by No. 59/2017 s. 11.\n\n","sortOrder":54},{"sectionNumber":"15D","sectionType":"section","heading":"Referral of collection order by Director to court on default","content":"\t15D Referral of collection order by Director to court on default\n\nThe Director must refer a collection order to the court that made the order if a person defaults on the collection order by—\n\n(a) a failure to pay the outstanding amount as required by the collection order; or\n\n(b) a failure to comply with the terms of the instalment order or time to pay order that applies to the collection order; or\n\n(c) a failure to comply with the payment arrangement where the collection order is included in a payment arrangement.\n\nSee 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.\n\nS. 15E inserted by No. 59/2017 s. 11.\n\n","sortOrder":55},{"sectionNumber":"15E","sectionType":"section","heading":"Registration of collection and enforcement order","content":"\t15E Registration of collection and enforcement order\n\nA collection and enforcement order is registered with the Director for enforcement if the person—\n\n(a) fails to pay the outstanding amount as required by the collection and enforcement order; or\n\n(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\n\n(c) fails to comply with the payment arrangement where the collection and enforcement order is included in a payment arrangement.\n\nDivision 3—Registration of infringement fines for enforcement\n\n","sortOrder":56},{"sectionNumber":"16","sectionType":"section","heading":"Registration of infringement fine with Director","content":"\t16 Registration of infringement fine with Director\n\n(1) An infringement fine is registered with the Director for enforcement if an enforcement agency provides the Director with details of any outstanding amount of the infringement fine and—\n\n(a) the infringement offence, or class of infringement offence, in respect of which the infringement notice was issued is not a non-registrable infringement offence; and\n\n(b) the infringement fine  is not less than the prescribed minimum infringement fine amount; and\n\n(c) the criteria set out in subsection (2) are satisfied.\n\n(2) For the purposes of subsection (1)(c), the criteria are the following—\n\n(a) a penalty reminder notice has been served on a person;\n\n(b) the period specified in the penalty reminder notice for payment under the penalty reminder notice has passed;\n\n(c) full payment of the infringement fine has not been received by the enforcement agency;\n\n(d) if a person has a payment plan or payment arrangement, the person has defaulted in the payment of the payment plan or payment arrangement;\n\nS. 16(2)(da) inserted by No. 29/2016 s. 9.\n\n(da) a person is not subject to a work and development permit;\n\n(e) the enforcement agency has not—\n\n(i) filed a charge-sheet charging the offence alleged to have been committed; or\n\n(ii) referred the matter to the Magistrates' Court under section 17 of the **Infringements Act 2006**;\n\n(f) if the infringement notice was issued in respect of an offence to which section 66 of the **Road Safety Act 1986** applies, the person was at the time of the infringement offence the responsible person in relation to the motor vehicle or trailer involved in the offence;\n\n(g) if the infringement notice was served under section 87 of the **Road Safety Act 1986**, the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;\n\n(h)  if the infringement notice was issued in respect of an offence against section 73(1) of the **Melbourne City Link Act 1995**, the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;\n\nS. 16(2)(i) amended by No. 8/2019 s. 106(1).\n\n(i) if the infringement notice was issued in respect of an offence under section 204 of the **EastLink Project Act 2004**, the person was at the time of the trip to which the infringement offence relates the responsible person in relation to the vehicle involved in the offence;\n\nS. 16(2)(j) inserted by No. 8/2019 s. 106(2), amended by No. 18/2020 s. 129(a).\n\n(j) if the infringement notice was issued in respect of an offence against section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence;\n\nS. 16(2)(k) inserted by No. 18/2020 s. 129(b).\n\n(k) if the infringement notice was issued in respect of an offence against section 69(1) of the **North East Link Act 2020**, the person was at the time of the infringement offence the responsible person in relation to the vehicle involved in the offence.\n\nS. 16(2A) inserted by No. 17/2022 s. 37.\n\n(2A) Despite subsection (1), an infringement fine is not registered with the Director for enforcement until an enforcement agency provides the Director with the prescribed information.\n\nS. 16(3) inserted by No. 59/2017 s. 74.\n\n(3) On the registration of the infringement fine the prescribed fee is payable by the enforcement agency.\n\n","sortOrder":57},{"sectionNumber":"17","sectionType":"section","heading":"Extended period for registration","content":"\t17 Extended period for registration\n\nThe time period within which an infringement fine in respect of an infringement offence must be registered is as follows—\n\n(a) no more than 6 months after the date of the offence alleged to have been committed;\n\n(b) in the case of an alleged offence against section 166(1) of the **Electoral Act 2002**, no more than 6 months after the date of service of the infringement notice in respect of that offence;\n\nS. 17(ba) inserted by No. 17/2022 s. 11(1).\n\n(ba) in the case of an alleged offence against section 19 of the **City of Melbourne Act 2001**, no more than 6 months after the date of service of the infringement notice in respect of that offence;\n\nS. 17(c) amended by No. 9/2020 s. 390(Sch. 1 item 39.2).\n\n(c) in the case of an alleged offence against section 266(3) of the **Local Government Act 2020**, no more than 6 months after the date of service of the infringement notice in respect of that offence;\n\nS. 17(ca) inserted by No. 53/2021 s. 40.\n\n(ca) in the case of an applicant for determination under section 165DC(1) of the **Public Health and Wellbeing Act 2008**, in respect of which a direction has been given to an enforcement agency under section 165DB(1)(b), no more than 6 months after the date of service of the notice of the outcome of the application given to the applicant under section 165DD(2)(a) or 165DE(2)(a), as the case requires; or\n\n(d) if a person to whom a payment plan applies defaults on a payment, no more than 6 months after the date on which the person defaulted under the payment plan;\n\n(e) if a person to whom a payment plan applies removes an infringement fine in respect of an infringement offence from the plan, no more than 6 months after the date on which the person removed that infringement fine from the payment plan;\n\n(f) if a payment plan—\n\n(i) is cancelled by the person to whom the payment plan applies, no more than 6 months after the plan is cancelled; or\n\n(ii) is cancelled because the person does not make the first payment in a proposed payment plan under section 48 of the **Infringements Act 2006**, no more than 6 months from the due date of the first payment under the payment plan;\n\nS. 17(fa) inserted by No. 17/2022 s. 11(2).\n\n(fa) if a person to whom a payment arrangement applies removes an infringement fine in respect of an infringement offence from the arrangement, no more than 6 months after the date on which the person removed that infringement fine from the payment arrangement;\n\n(g) if a payment arrangement —\n\n(i) is cancelled by the person to whom the payment arrangement applies, no more than 6 months after the arrangement is cancelled; or\n\n(ii) is cancelled because the person does not make the first payment in a proposed payment arrangement under section 47, no more than 6 months from the due date of the first payment under the payment arrangement; or\n\n(iii) is cancelled under section 56(2), no more than 6 months after the date on which the payment arrangement is cancelled under that section;\n\nS. 17(h) amended by No. 17/2022 s. 11(3).\n\n(h) if an infringement notice is reviewed under Division 3 of Part 2 of the **Infringements Act 2006**, no more than 6 months after the date of service of the notice of the outcome on the applicant under section 24(3)(b) of that Act;\n\nS. 17(i) amended by Nos 8/2019 s. 107(1), 18/2020 s. 130(a).\n\n(i) if a person has nominated another person for an offence committed under the **Road Safety Act 1986**, the **Melbourne City Link Act 1995**, the **EastLink Project Act 2004**, the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or the **North East Link Act 2020**, no more than 6 months after the date of service of the infringement notice on the nominated person;\n\n(j) if a nomination of a kind specified in paragraph (i) is made and subsequently cancelled under section 84BF(1) of the **Road Safety Act 1986** so that liability reverts to the person who made the nomination, no more than 6 months after the date of cancellation of the nomination;\n\n(k) subject to paragraph (i), in the case of an alleged offence against section 204 of the **EastLink Project Act 2004**, no more than 6 months after the date of service of the infringement notice;\n\nS. 17(l) amended by No. 29/2016 s. 10(a).\n\n(l) subject to paragraph (i), in the case of an alleged offence against section 73 of the **Melbourne City Link Act 1995**, no more than 6 months after the date of service of the infringement notice;\n\nS. 17(la) inserted by No. 8/2019 s. 107(2).\n\n(la) subject to paragraph (i), in the case of an alleged offence against section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, no more than 6 months after the date of service of the infringement notice;\n\nS. 17(lb) inserted by No. 18/2020 s. 130(b).\n\n(lb) subject to paragraph (i), in the case of an alleged offence against section 69(1) of the **North East Link Act 2020**, no more than 6 months after the date of service of the infringement notice;\n\nS. 17(m) inserted by No. 29/2016 s. 10(b), amended by No. 17/2022 s. 11(4).\n\n(m) if a work and development permit has been cancelled under section 10E and the infringement fine has not already been registered, no more than 6 months after the date on which the work and development permit is cancelled under that section;\n\nS. 17(n) inserted by No. 17/2022 s. 11(5).\n\n(n) if a person who is subject to a work and development permit removes an infringement fine in respect of an infringement offence from the permit and the infringement fine has not already been registered, no more than 6 months after the date on which the person removed the infringement fine from the work and development permit;\n\nS. 17(o) inserted by No. 17/2022 s. 11(5).\n\n(o) if a work and development permit has been partially completed in accordance with section 10D and the infringement fine has not already been registered, no more than 6 months after the date on which the work and development permit is partially completed;\n\nS. 17(p) inserted by No. 17/2022 s. 11(5).\n\n(p) in the case of a person served with a notice under section 10T(3)(b), no more than 6 months after the date on which the notice is served.\n\n","sortOrder":58},{"sectionNumber":"18","sectionType":"section","heading":"Extension of period for commencing prosecution for summary offences","content":"\t18 Extension of period for commencing prosecution for summary offences\n\nSection 17 has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\n","sortOrder":59},{"sectionNumber":"19","sectionType":"section","heading":"Reliance on material registered","content":"\t19 Reliance on material registered\n\nThe Director is entitled—\n\n(a) to rely on the accuracy of the material provided by an enforcement agency when an infringement fine is registered under section 16; and\n\n(b) to assume that the details are true and correct.\n\n","sortOrder":60},{"sectionNumber":"20","sectionType":"section","heading":"Director may decide that enforcement of infringement offence under this Act is not appropriate","content":"\t20 Director may decide that enforcement of infringement offence under this Act is not appropriate\n\n(1) Subject to subsection (2), the Director may determine that enforcement under this Act of the registered infringement fine is not appropriate for a person.\n\nS. 20(1A) inserted by No. 29/2016 s. 11.\n\n(1A) For the purposes of subsection (1), the circumstances in which the Director may determine that a registered infringement fine is not to be enforced against a person under this Act include, but are not limited to, the following—\n\n(a) it is appropriate that the relevant infringement offence be heard and determined by a court;\n\nS. 20(1A)(b) amended by No. 17/2022 s. 37A(1)(a).\n\n(b) it is unlikely that the outstanding amount of the registered infringement fine would be recovered, having regard to the amount outstanding and the enforcement and payment options available;\n\nS. 20(1A)(c) inserted by No. 17/2022 s. 37A(1)(b).\n\n(c) if a tollway operator has withdrawn a request made to an enforcement agency to serve an infringement notice because the tollway operator considers it appropriate to do so having considered the circumstances of the person.\n\n(2) The Director must not make a determination under subsection (1) if any of the following has occurred—\n\nS. 20(2)(a) amended by No. 17/2022 s. 37A(2).\n\n(a) subject to subsection (2A), a seven-day notice has been served and has expired;\n\n(b) a person becomes a declared director;\n\n(c) an attachment of earnings direction or an attachment of debts direction has been made;\n\n(d) a land charge has been recorded.\n\nS. 20(2A) inserted by No. 17/2022 s. 37A(3).\n\n(2A) Subsection (2)(a) does not apply to a seven‑day notice that has been served in respect of a registered infringement fine if the infringement offence in respect of which the infringement notice was issued is—\n\n(a) an offence against section 204(1) of the **EastLink Project Act 2004**; or\n\n(b) an offence against section 73(1) of the **Melbourne City Link Act 1995**; or\n\n(c) an offence against section 69(1) of the **North East Link Act 2020**; or\n\n(d) an offence against section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**.\n\n(3) If the Director makes a determination under subsection (1), the registered infringement fine is deregistered.\n\n(4) If the Director makes a determination under this section, the Director must advise the relevant enforcement agency of that determination in writing.\n\nS. 20(5) inserted by No. 17/2022 s. 37A(4).\n\n(5) In this section—\n\n***tollway operator*** means any of the following—\n\n(a) the Freeway Corporation within the meaning of the **EastLink Project Act 2004**;\n\n(b) the relevant corporation within the meaning of the **Melbourne City Link Act 1995**;\n\n(c) the relevant North East Link Tolling Corporation within the meaning of the **North East Link Act 2020**;\n\n(d) the relevant West Gate Tunnel Corporation within the meaning of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**.\n\nS. 21 amended by No. 29/2016 s. 12 (ILA s. 39B(1)).\n\n","sortOrder":61},{"sectionNumber":"21","sectionType":"section","heading":"Enforcement agency may prosecute or withdraw infringement notice","content":"\t21 Enforcement agency may prosecute or withdraw infringement notice\n\n(1) An enforcement agency that receives notice under section 20 may—\n\n(a) withdraw the infringement notice and take no further action against the person; or\n\n(b) withdraw the infringement notice and issue an official warning to the person; or\n\n(c) file a charge-sheet charging the offence alleged to have been committed.\n\nS. 21(2) inserted by No. 29/2016 s. 12.\n\n(2) If an enforcement agency that receives notice under section 20 commences a proceeding for the alleged offence by filing a charge‑sheet under subsection (1)(c), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notification is received by the enforcement agency.\n\nS. 21(3) inserted by No. 29/2016 s. 12.\n\n(3) Subsection (2) has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\nS. 21A inserted by No. 29/2016 s. 13.\n\n","sortOrder":62},{"sectionNumber":"21A","sectionType":"section","heading":"Notice to Director on enforcement agency filing a charge‑sheet","content":"\t21A Notice to Director on enforcement agency filing a charge‑sheet\n\nIf an enforcement agency commences a proceeding by filing a charge-sheet under section 21(1)(c), the enforcement agency must advise the Director in writing of that commencement.\n\nDivision 4—Notices of final demand\n\n","sortOrder":63},{"sectionNumber":"22","sectionType":"section","heading":"Enforcement agency may request notice of final demand not be served","content":"\t22 Enforcement agency may request notice of final demand not be served\n\nAt any time before a notice of final demand is served, an enforcement agency may request the Director not to issue or serve a notice of final demand in respect of the registered infringement fine that would be the subject of the notice of final demand.\n\n","sortOrder":64},{"sectionNumber":"23","sectionType":"section","heading":"Notice of final demand","content":"\t23 Notice of final demand\n\nS. 23(1) amended by No. 59/2017 s. 12(1).\n\n(1) Before taking any action to enforce a registered fine or a registered collection and enforcement order against a person, the Director must serve a notice of final demand on the person.\n\nS. 23(2) substituted by No. 59/2017 s. 12(2).\n\n(2) The notice of final demand must be sent to—\n\n(a) the person's authorised address; or\n\n(b) the person's address provided in the preceding 12 months in respect of a fines application; or\n\n(c) any alternative address for the person as provided for the purposes of registration.\n\nS. 23(3) inserted by No. 59/2017 s. 12(2).\n\n(3) On the service of the notice of final demand, the prescribed fee is payable by the person.\n\n","sortOrder":65},{"sectionNumber":"24","sectionType":"section","heading":"Content of notice of final demand","content":"\t24 Content of notice of final demand\n\n(1) A notice of final demand must be in writing and state—\n\n(a) that enforcement action may be taken if the person against whom the notice of final demand has been served defaults for a period of more than 21 days—\n\nS. 24(1)(a)(i) amended by No. 59/2017 s. 13(a).\n\n(i) in the payment of a registered fine or a registered collection and enforcement order; or\n\n(ii) in the payment of an instalment under a payment arrangement or an instalment order; and\n\n(b) a summary of enforcement action available under this Act; and\n\n(c) a summary of the options available to the person under this Act; and\n\n(d) any other prescribed details.\n\nS. 24(2) amended by No. 59/2017 s. 13(b).\n\n(2) A notice of final demand may include or attach a statement of any other registered fines or registered collection and enforcement orders outstanding against the person.\n\nS. 24(3) amended by No. 59/2017 s. 13(c).\n\n(3) A failure to include or attach the statement specified in subsection (2), or complete details of any other outstanding registered fines or registered collection and enforcement orders in that statement, does not invalidate the notice.\n\n","sortOrder":66},{"sectionNumber":"25","sectionType":"section","heading":"Effect of notice of final demand in case of registered infringement fine","content":"\t25 Effect of notice of final demand in case of registered infringement fine\n\n(1) If a notice of final demand is issued in relation to an infringement offence alleged to have been committed by a person—\n\nS. 25(1)(a) amended by No. 41/2019 s. 117(Sch. 1 item 5.2).\n\n(a) subject to sections 89 and 89A to 89D of the **Road Safety Act 1986** or sections 61A and 61BA of the **Marine (Drug, Alcohol and Pollution Control) Act 1988** (as the case requires), the person is not taken to have been convicted of the offence; and\n\nS. 25(1)(b) amended by Nos 29/2016 s. 14, 41/2019 s. 117(Sch. 1 item 5.2).\n\n(b) subject to sections 89 and 89A to 89D of the **Road Safety Act 1986** or sections 61A and 61BA of the **Marine (Drug, Alcohol and Pollution Control) Act** **1988** (as the case requires), the person is not liable to any further proceedings for the offence alleged to have been committed; and\n\n(c) the issuing of the notice of final demand does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and\n\n(d) payment in accordance with the notice of final demand is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.\n\n(2) Any amount recovered as a result of issuing a notice of final demand must be paid into the Consolidated Fund unless the relevant Act or other instrument that creates the infringement offence requires that the amount be paid into another fund.\n\n(3) Despite anything to the contrary in this section, the issuing of a notice of final demand in relation to a traffic infringement does not prevent the incurring of demerit points under the **Road Safety Act 1986** in relation to the traffic infringement.\n\nDivision 5—Fines of bodies corporate\n\n","sortOrder":67},{"sectionNumber":"26","sectionType":"section","heading":"Registered fine of body corporate is recoverable as debt","content":"\t26 Registered fine of body corporate is recoverable as debt\n\n(1) On the registration of a fine for which a body corporate is liable—\n\n(a) that fine becomes a debt due and payable to the State of Victoria; and\n\n(b) the Director is authorised to recover the amount payable in any court of competent jurisdiction as a debt due to the Crown; and\n\n(c) the Director must apply any amount recovered as a due debt to the payment of the fine in accordance with this Act.\n\n(2) Unless a court otherwise orders, the Director must allocate money recovered as a debt to the payment of the outstanding registered fine and, if more than one registered fine, in order of priority based on the date of the registered fine, with the oldest registered fine being paid out first.\n\n(3) If money recovered as a debt results in an overpayment, the Director must advise the body corporate of the overpayment and may—\n\n(a) if the body corporate has other registered fines, apply the amount of the overpayment to those registered fines if the body corporate directs the Director to do so; or\n\n(b) refund the amount of the overpayment to the body corporate and—\n\n(i) if the amount had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\n(ii) if the amount had been paid into another fund or account, the amount is to be refunded from that fund or account.\n\n(4) This section does not apply if a body corporate has made a payment arrangement in relation to the registered fine and is complying with that arrangement.\n\n","sortOrder":68},{"sectionNumber":"27","sectionType":"section","heading":"Options for enforcement of body corporate fine","content":"\t27 Options for enforcement of body corporate fine\n\n(1) In relation to a registered fine of a body corporate, the Director may—\n\n(a) recover the registered fine as a debt under section 26; or\n\n(b) enforce the registered fine in accordance with any other enforcement action available under this Act; or\n\n(c) subject to this Division, recover the outstanding amount of the registered fine by action under both paragraphs (a) and (b) provided that, in aggregate, no more than the amount of that fine is recovered.\n\nExample to s. 27(1) inserted by No. 29/2016 s. 15(1).\n\nThe Director may commence the recovery of a registered fine as a debt where the registered fine was the subject of an enforcement warrant and that warrant has been recalled and cancelled.\n\n(2) The Director must not recover a registered fine as a debt if—\n\n(a) an attachment of debts direction is in place and is being complied with; or\n\n(b) an enforcement warrant has been issued and is outstanding in relation to the registered fine.\n\nExample to s. 27(2) inserted by No. 29/2016 s. 15(2).\n\nAn enforcement warrant is not outstanding if it has been recalled and cancelled under section 108.\n\n(3) If the Director decides to recover a registered fine as a debt, any other enforcement action in place under this Act, other than enforcement action under an enforcement warrant, may be taken or may continue at the same time as the recovery of the debt.\n\n","sortOrder":69},{"sectionNumber":"28","sectionType":"section","heading":"Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced","content":"\t28 Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced\n\nAn enforcement warrant must not be issued for any registered fine of a body corporate if any proceeding to recover the fine as a debt has commenced and has not been completed.\n\n","sortOrder":70},{"sectionNumber":"29","sectionType":"section","heading":"Declared director","content":"\t29 Declared director\n\n(1) This section applies if, in relation to a registered fine of a body corporate—\n\n(a) the body corporate is deregistered after the commission of the alleged offence; or\n\nS. 29(1)(b) amended by No. 29/2016 s. 16(1)(a).\n\n  (b) the person executing an enforcement warrant issued against the body corporate in relation to the registered fine returns that the person cannot find sufficient personal property of the body corporate to satisfy the amounts specified in the enforcement warrant together with all lawful costs of execution; or\n\nS. 29(1)(c) inserted by No. 29/2016 s. 16(1)(b).\n\n(c) the person executing an enforcement warrant issued against the body corporate in relation to the registered fine is or may be able to find sufficient personal property of the body corporate to satisfy the amounts in the enforcement warrant together with all lawful costs of execution but, in the course of executing the enforcement warrant, the person becomes aware that the body corporate is under administration within the meaning of the Corporations Act.\n\nNote to s. 29(1) inserted by No. 29/2016 s. 16(2).\n\nA person executing an enforcement warrant must not seize property of a body corporate that is under administration within the meaning of the Corporations Act.\n\n(2) If the Director is satisfied, based on the records of the Australian Securities and Investments Commission, that a person was a director of a body corporate to which this section applies at the time of the commission of the offence, the Director may serve the person with a declared director notice.\n\n(3) A declared director notice must state that the person—\n\n(a) is a declared director by force of this section; and\n\n(b) is jointly and severally liable for the payment of the registered fine; and\n\n(c) has 28 days from the date of service of the declared director notice to apply to the Magistrates' Court for an order under section 30 that the person is not a declared director.\n\nSee section 179(2) which requires personal service of this notice.\n\n(4) Unless an order is made under section 30(4), a person who was a director of a body corporate to which this section applies who has been served with a declared director notice is—\n\n(a) by force of this section, a declared director; and\n\n(b) jointly and severally liable for the payment of the fine.\n\n(5) Unless an order is made under section 30(4), on and from 28 days after service of a declared director notice, the Director may take any enforcement action under this Act against a declared director in relation to a registered fine that can be taken against a natural person in relation to a registered fine.\n\nS. 29(6) inserted by No. 29/2016 s. 16(3).\n\n(6) Before taking any enforcement action referred to in subsection (5), the Director must serve a notice of final demand on the declared director.\n\n","sortOrder":71},{"sectionNumber":"30","sectionType":"section","heading":"Director of body corporate may challenge being declared director","content":"\t30 Director of body corporate may challenge being declared director\n\n(1) A person who receives a declared director notice may apply to the Magistrates' Court for an order that the person is not a declared director and not liable to pay any registered fine of the body corporate specified in the declared director notice.\n\n(2) An application under subsection (1)—\n\n(a) must be made within 28 days from the date of service of the declared director notice; and\n\n(b) if made within the period specified in paragraph (a), suspends the operation of section 29(4) and (5) until the Court hears and determines the application.\n\n(3) On making an application under subsection (1), the applicant must give a copy of the application to the Director.\n\n(4) On an application under subsection (1), the Magistrates' Court may order that a person who was the director of a body corporate to which section 29 applies is not a declared director if satisfied that—\n\n(a) at the time of the commission of the offence, the person did not take part in the management of the body corporate because of illness or for some other good reason which prevented the person from taking part in that management in accordance with the person's duties as a director under the Corporations Act; or\n\nS. 30(4)(b) substituted by No. 29/2016 s. 17.\n\n(b) if paragraph (a) does not apply to the person, as soon as practicable after the registration of the court fine, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—\n\n(i) the fine was paid; or\n\n(ii) a payment plan or a payment arrangement was made; or\n\nS. 30(4)(c) inserted by No. 29/2016 s. 17.\n\n(c) if paragraph (a) does not apply to the person, as soon as practicable after the service of the infringement notice for the offence on the body corporate, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—\n\n(i) the fine was paid; or\n\n(ii) a payment plan or a payment arrangement was made; or\n\n(iii) the body corporate appointed an administrator under the Corporations Act; or\n\n(iv) the body corporate was wound up in accordance with the Corporations Act.\n\n(5) If the Magistrates' Court does not make an order under subsection (4), the person remains a declared director.\n\n(6) The Magistrates' Court must cause the Director to be notified of any order made under subsection (4) that a person who was the director of a body corporate to which section 29 applies is not a declared director, if the Director did not appear at the hearing of the application.\n\n","sortOrder":72},{"sectionNumber":"Part 4","sectionType":"part","heading":"Enforcement review","content":"Part 4—Enforcement review\n\n","sortOrder":73},{"sectionNumber":"31","sectionType":"section","heading":"Application of Part","content":"\t31 Application of Part\n\n(1) This Part does not apply to a registered infringement fine to which any of the following provisions apply—\n\n(a) sections 89A to 89D of the **Road Safety Act 1986**;\n\nS. 31(1)(b) repealed by No. 41/2019 s. 117(Sch. 1 item 5.3).\n\n(c) sections 61A and 61BA of the **Marine (Drug, Alcohol and Pollution Control) Act 1988**.\n\n(2) This Part does not apply to a registered infringement fine to which any of the following provisions apply if the person was unaware of the infringement notice to which the fine relates having been served and that service of the infringement notice was not by personal service—\n\n(a) section 67 or 89B of the **Road Safety Act 1986**;\n\n(b) section 219A of the **EastLink Project Act 2004**;\n\nS. 31(2)(c) repealed by No. 41/2019 s. 117(Sch. 1 item 5.3).\n\n(d) section 61B of the **Marine (Drug, Alcohol and Pollution Control) Act 1988**;\n\nS. 31(2)(e) amended by No. 25/2025 s. 101(1).\n\n(e) section 87A of the **Melbourne City Link Act 1995**;\n\nS. 31(2)(f) inserted by No. 25/2025 s. 101(2).\n\n(f) section 52 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**;\n\nS. 31(2)(g) inserted by No. 25/2025 s. 101(2).\n\n(g) section 90 of the **North East Link Act 2020**.\n\n(3) This Part does not apply in respect of a registered court fine.\n\n","sortOrder":74},{"sectionNumber":"32","sectionType":"section","heading":"Application for enforcement review","content":"\t32 Application for enforcement review\n\n(1) A person served with a notice of final demand may apply to the Director for review of the decision by the enforcement agency to serve the infringement notice and to enforce the infringement fine under this Act if the person believes—\n\n(a) that the decision—\n\n(i) was contrary to law; or\n\n(ii) involved a mistake of identity; or\n\nS. 32(1)(b) substituted by No. 59/2017 s. 6.\n\n(b) that special circumstances apply to the person, unless—\n\n(i) the special circumstance referred to in the application is family violence; and\n\n(ii) the person has made an FVS application; or\n\n(c) that the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; or\n\nS. 32(1)(d) substituted by No. 29/2016 s. 18(1).\n\n(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.\n\n(2) An application under subsection (1) may be made by a person acting on behalf of a person who has a registered infringement fine with the consent of the person who has the registered infringement fine.\n\n(3) An application under subsection (1)—\n\n(a) must be in writing; and\n\n(b) must state the grounds on which the decision should be reviewed; and\n\n(c) must provide the applicant's current address for service of the notice under section 37(2) of the outcome of the enforcement review.\n\n(4) An application for enforcement review must not be made if—\n\n(a) the seven-day notice has expired; or\n\nS. 32(4)(ab) inserted by No. 59/2017 s. 75.\n\n(ab) a person has waived the unexpired period of the seven-day notice under section 36 of the **Sheriff Act 2009**; or\n\n(b) a person has become a declared director; or\n\n(c) an attachment of earnings direction or an attachment of debts direction has been made; or\n\n(d) a land charge has been recorded; or\n\nS. 32(4)(e) amended by No. 29/2016 s. 18(2).\n\n(e) property has been seized under a vehicle seizure and sale notice; or\n\n(f) an infringement fine has been paid.\n\nS. 32A inserted by No. 17/2022 s. 38.\n\n","sortOrder":75},{"sectionNumber":"32A","sectionType":"section","heading":"More time to obtain evidence in certain circumstances","content":"\t32A More time to obtain evidence in certain circumstances\n\n(1) This section applies to a person making an application for review under section 32(1)(b) or (c).\n\n(2) If this section applies to a person, the person may request additional time to obtain evidence in support of their application under section 32(1)(b) or (c).\n\n(3) A request under subsection (2) must—\n\n(b) subject to subsection (5), be made at the same time as the application under section 32.\n\n(4) On receiving a request under subsection (2), the Director must grant an extension of time to the person as follows—\n\n(a) in respect of a request in support of an application under section 32(1)(b), for a period no longer than 3 months unless the Director considers that a longer period may be necessary in the circumstances;\n\n(b) in respect of a request in support of an application under section 32(1)(c), for any period the Director considers appropriate.\n\n(5) A request under subsection (2) may be made after the application under section 32 is made if the Director has not made a determination under section 35.\n\n(6) If a request is made in accordance with subsection (5), the decision to grant or refuse the person additional time is at the discretion of the Director.\n\n","sortOrder":76},{"sectionNumber":"33","sectionType":"section","heading":"Limit on applications for enforcement review","content":"\t33 Limit on applications for enforcement review\n\nS. 33(1) amended by No. 29/2016 s. 19(1).\n\n(1) Subject to subsection (1A), an application made under section 32(1)(a), (c) or (d) may only be made once in relation to any one infringement offence in respect of the applicant.\n\nS. 33(1A) inserted by No. 29/2016 s. 19(2).\n\n(1A) An application referred to in subsection (1) must not be made if an application referred to in subsection (2) has been made in relation to the infringement offence.\n\n(2) An application made under section 32(1)(b) may be made twice in relation to any one infringement offence in respect of the applicant.\n\n(3) An application made under section 32(1)(d) must be made within 14 days of the applicant becoming aware of the infringement notice.\n\nS. 33(4) amended by No. 29/2016 s. 19(3).\n\n(4) The Director must refuse an application made under section 32(1)(d) if the person served has not updated that person's authorised address (within the meaning of section 181) within 14 days of changing address.\n\nS. 33(5) repealed by No. 29/2016 s. 19(4).\n\n","sortOrder":77},{"sectionNumber":"34","sectionType":"section","heading":"Request for additional information","content":"\t34 Request for additional information\n\n(1) The Director may request in writing from an applicant for enforcement review any additional information that the Director requires to conduct the review.\n\nS. 34(2) substituted by No. 17/2022 s. 39(1).\n\n(2) The Director's request under subsection (1) must specify the time within which the applicant must provide the additional information.\n\nS. 34(3)(4) repealed by No. 17/2022 s. 39(1).\n\nS. 34(5) amended by No. 17/2022 s. 39(2).\n\n(5) If an applicant fails to provide the information requested under subsection (1) to the Director within the time specified under subsection (2), the Director—\n\n(a) may conduct the enforcement review without the additional information; or\n\n(b) if the applicant provides the additional information to the Director out of time may—\n\n(i) accept that late information; and\n\n(ii) conduct the enforcement review with that late information.\n\n","sortOrder":78},{"sectionNumber":"35","sectionType":"section","heading":"Enforcement review","content":"\t35 Enforcement review\n\n(1) On an application for enforcement review, the Director must—\n\n(a) review the decision to serve an infringement notice on the person; and\n\n(b) determine whether enforcement of the infringement fine under this Act should proceed.\n\n(2) The Director must conduct the enforcement review within a reasonable time.\n\n","sortOrder":79},{"sectionNumber":"36","sectionType":"section","heading":"Conduct of enforcement actions during enforcement review","content":"\t36 Conduct of enforcement actions during enforcement review\n\n(1) While the Director is conducting an enforcement review—\n\n(a) any enforcement action that had already been applied before the application for enforcement review was received by the Director may continue to be applied until the enforcement review is complete; and\n\n(b) the Director or any other person must not apply any further enforcement action that had not already been applied before the application for enforcement review was received until the enforcement review is complete.\n\nS. 36(2) repealed by No. 29/2016 s. 20.\n\n","sortOrder":80},{"sectionNumber":"37","sectionType":"section","heading":"Outcome of enforcement review","content":"\t37 Outcome of enforcement review\n\n(1) After conducting an enforcement review, the Director may—\n\n(a) confirm—\n\n(i) the decision of an enforcement agency to serve an infringement notice; and\n\n(ii) that enforcement of the infringement fine under this Act should proceed; or\n\n(b) cancel the enforcement of the infringement fine and refer the matter back to the enforcement agency.\n\nS. 37(2) substituted by No. 29/2016 s. 21.\n\n(2) Within 21 days of making a decision on the enforcement review, the Director must—\n\n(a) if the decision of an enforcement agency is confirmed under subsection (1)(a), serve written notice of the infringement confirmation on the applicant; or\n\n(b) if the enforcement of the infringement fine is cancelled under subsection (1)(b), serve written notice of the enforcement cancellation on—\n\n(i) the applicant; and\n\n(ii) the enforcement agency.\n\nS. 38 (Heading) amended by No. 29/2016 s. 22(1).\n\n","sortOrder":81},{"sectionNumber":"38","sectionType":"section","heading":"Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation","content":"\t38 Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation\n\nS. 38(1) amended by No. 29/2016 s. 22(2).\n\n(1) An enforcement agency that is served notice of an enforcement cancellation must, within 90 days of the date of that notice—\n\n(a) do one of the following—\n\n(i) withdraw the infringement notice and take no further action;\n\n(ii) withdraw the infringement notice and issue an official warning;\n\n(iii) withdraw the infringement notice and commence a proceeding for the alleged offence by filing a charge-sheet; and\n\n(b) notify the applicant of the enforcement agency's decision.\n\n(2) If the Director serves an enforcement cancellation on an applicant for enforcement review under section 32(1)(d)—\n\n(a) the registration of the infringement penalty as an infringement fine is cancelled; and\n\n(b) any additional fees and costs that have been added to the infringement penalty under this Act or the **Infringements Act 2006** or the regulations under either Act are waived; and\n\n(c) the Director must refer the matter back to the enforcement agency to be dealt with in accordance with the **Infringements Act 2006**.\n\nExample to s. 38(2)(c) amended by No. 29/2016 s. 22(3).\n\nThe enforcement agency may withdraw the infringement notice, issue an official warning, file a charge-sheet in relation to the offence, issue a new infringement notice or enter into a payment plan with a person. See the **Infringements Act 2006**.\n\nS. 38A inserted by No. 29/2016 s. 23.\n\n","sortOrder":82},{"sectionNumber":"38A","sectionType":"section","heading":"Notice to Director on filing charge-sheet following enforcement cancellation","content":"\t38A Notice to Director on filing charge-sheet following enforcement cancellation\n\nIf an enforcement agency commences a proceeding by filing a charge-sheet under section 38(1)(a)(iii), the enforcement agency must advise the Director in writing of that commencement.\n\n","sortOrder":83},{"sectionNumber":"39","sectionType":"section","heading":"Extended period for commencing proceeding for offence","content":"\t39 Extended period for commencing proceeding for offence\n\nS. 39(1) amended by No. 29/2016 s. 24(1).\n\n(1) If an enforcement agency withdraws an infringement notice and commences a proceeding for the alleged offence by filing a charge-sheet under section 38(1)(a)(iii), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of service by the Director under section 37(2)(b) of enforcement cancellation.\n\nS. 39(1A) inserted by No. 29/2016 s. 24(2).\n\n(1A) If the Director serves an enforcement cancellation in circumstances referred to in section 38(2), the period during which a proceeding for the alleged offence may be commenced by filing a charge-sheet is extended by 6 months after the date of that service.\n\nS. 39(2) amended by No. 29/2016 s. 24(3).\n\n(2) Subsections (1) and (1A) have effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\nS. 40 amended by No. 29/2016 s. 25, substituted by No. 59/2017 s. 76.\n\n","sortOrder":84},{"sectionNumber":"40","sectionType":"section","heading":"Time to pay or enter payment arrangement if infringement confirmation served","content":"\t40 Time to pay or enter payment arrangement if infringement confirmation served\n\n(1) An applicant who is served with an infringement confirmation must—\n\n(a) pay the registered infringement fine; or\n\n(b) apply to pay the registered infringement fine under a payment arrangement; or\n\n(c) be the subject of an application to the Director for a work and development permit.\n\n(2) The applicant must perform an action or be the subject of an application referred to under subsection (1) within 21 days of written notice of the infringement confirmation being served or enforcement action may be taken.\n\n","sortOrder":85},{"sectionNumber":"41","sectionType":"section","heading":"Other powers of review not affected","content":"\t41 Other powers of review not affected\n\nNothing in this Part limits the power of the Director or an enforcement agency to review a decision to serve or enforce an infringement notice on any basis other than those specified in this Part.\n\n","sortOrder":86},{"sectionNumber":"Part 5","sectionType":"part","heading":"Payment arrangements","content":"Part 5—Payment arrangements\n\n","sortOrder":87},{"sectionNumber":"42","sectionType":"section","heading":"Person may apply for payment arrangement","content":"\t42 Person may apply for payment arrangement\n\nS. 42(1) amended by No. 17/2022 s. 12(1).\n\n(1) Subject to subsections (3) and (6), a natural person, including a child or a declared director, who has an infringement fine or a court fine (if that court fine has been referred to the Director under section 13(1)) may apply to the Director for a payment arrangement to pay the fine.\n\nS. 42(1A) inserted by No. 59/2017 s. 14(1), amended by No. 17/2022 s. 12(2).\n\n(1A) Subject to subsection (3), a natural person may apply to the Director for a payment arrangement to pay a registered collection and enforcement order.\n\nS. 42(1B) inserted by No. 17/2022 s. 12(3).\n\n(1B) Subject to subsection (3), a natural person may apply to the Director for a payment arrangement to pay an enforcement hearing order referred to the Director for collection.\n\n(2) A body corporate which has an infringement fine or a court fine may apply to the Director for a payment arrangement to pay the fine, unless a director of the body corporate is a declared director.\n\n(3) An application for a payment arrangement must not be made—\n\n(a) in the case of a body corporate, after the seizure of property under an enforcement warrant; and\n\nS. 42(3)(b) substituted by No. 59/2017 s. 77.\n\n(b) in the case of a natural person, after—\n\nS. 42(3)(b)(i) amended by No. 59/2017 s. 14(2).\n\n(i) the expiry of the seven-day notice in respect of a fine or a registered collection and enforcement order; or\n\n(ii) the person has waived the unexpired period of the seven-day notice under section 36 of the **Sheriff Act 2009**.\n\n(4) A payment arrangement may include an infringement fine even if it is not a registered infringement fine.\n\n(5) An application for a payment arrangement may be made in the case of an infringement offence for which an infringement notice was served on a child at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**.\n\n(6) An application for a payment arrangement must not be made in relation to any fine imposed on a child under Part 5.3 of Chapter 5 of the **Children, Youth and Families Act 2005**.\n\n","sortOrder":88},{"sectionNumber":"43","sectionType":"section","heading":"Referral of infringement fine for payment arrangement","content":"\t43 Referral of infringement fine for payment arrangement\n\nAn enforcement agency may refer an infringement fine to the Director for management by a payment arrangement at the request of the person to whom that infringement fine relates.\n\n","sortOrder":89},{"sectionNumber":"44","sectionType":"section","heading":"Refusal of application for payment arrangement","content":"\t44 Refusal of application for payment arrangement\n\n(1) If the Director refuses an application under section 42 for a payment arrangement, the Director must give written notification to the applicant of the refusal.\n\n(2) If the Director refuses a referral from an enforcement agency under section 43 for a payment arrangement, the Director must give notification of the refusal to—\n\n(a) the enforcement agency; and\n\n(b) the person who requested the referral.\n\nS. 44(3) amended by No. 59/2017 s. 15(1).\n\n(3) Within 21 days of the date specified in the notification under subsection (1) or (2), a person liable to pay the fine or the registered collection and enforcement order whose application or referral was refused must—\n\n(a) pay the court fine or infringement fine, as the case requires; or\n\nS. 44(3)(ab) inserted by No. 59/2017 s. 15(2).\n\n(ab) pay the registered collection and enforcement order; or\n\nS. 44(3)(b) amended by No. 59/2017 s. 15(3).\n\n(b) take any other action in relation to the fine or the registeredcollection and enforcement order which the person may take under this Act or in relation to the infringement penalty under the **Infringements Act 2006**.\n\nFailure to pay or take other action under this section may result in a court fine or infringement fine progressing through further enforcement action under this Act.\n\n","sortOrder":90},{"sectionNumber":"45","sectionType":"section","heading":"Offering proposed payment arrangements","content":"\t45 Offering proposed payment arrangements\n\n(1) The Director, in the Director's discretion, may offer a proposed payment arrangement to a person—\n\n(a) who applies under section 42; or\n\n(b) in respect of whom a referral is made under section 43.\n\nS. 45(2) substituted by No. 59/2017 s. 16.\n\n(2) The Director must offer a proposed payment arrangement to a person in accordance with any terms specified by a court in an order—\n\n(a) that is an instalment order under section 56 of the **Sentencing Act 1991** in respect of a court fine; or\n\n(b) that is a time to pay order under section 59 of the **Sentencing Act 1991** in respect of a court fine; or\n\n(c) that is a registered collection and enforcement order in respect of an outstanding court fine that is the subject of an order under section 69G(3) of the **Sentencing Act 1991** that—\n\n(i) the outstanding court fine be paid by instalments; or\n\n(ii) that the person be allowed time to pay the outstanding court fine.\n\nSee section 13(4).\n\n(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—\n\n(a) any liabilities or financial responsibilities, including any existing payment arrangements the applicant may have; and\n\n(b) any dependants the applicant may have.\n\n(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—\n\n(a) any up-front payments that must be made under the payment arrangement; and\n\n(b) the minimum amount of a payment to be made under the payment arrangement; and\n\n(c) the length of the payment arrangement; and\n\n(d) any other condition in relation to—\n\n(i) the efficient and effective consolidation of infringement fines and court fines into a single payment arrangement; or\n\n(ii) the compliance with any court order in relation to a court fine to which the payment arrangement applies.\n\n(5) A person may reject an offer of a proposed payment arrangement made by the Director under subsection (1) by notification to the Director.\n\n(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.\n\n(7) On receipt of a request under subsection (6), the Director may—\n\n(a) offer a proposed payment arrangement on any terms and conditions the Director thinks fit; or\n\n(b) refuse to offer another proposed payment arrangement.\n\n(8) Subsections (5) to (7) do not apply to a proposed payment arrangement referred to in subsection (2).\n\nSee section 47 for commencement of payment arrangements.\n\n","sortOrder":91},{"sectionNumber":"46","sectionType":"section","heading":"Content of payment arrangement","content":"\t46 Content of payment arrangement\n\n(1) A payment arrangement may be made for a person by the Director for the payment of—\n\n(a) one infringement fine; or\n\n(b) multiple infringement fines; or\n\n(c) one court fine; or\n\n(d) multiple court fines; or\n\nS. 46(1)(da) inserted by No. 59/2017 s. 17(1).\n\n(da) one registered collection and enforcement order; or\n\nS. 46(1)(db) inserted by No. 59/2017 s. 17(1).\n\n(db) multiple registered collection and enforcement orders; or\n\n(e) any combination of fines.\n\nS. 46(2) amended by No. 59/2017 s. 17(2).\n\n(2) A payment arrangement may provide for the payment of any fine or any registered collection and enforcement order—\n\n(a) by instalments; or\n\n(b) by an extension of time to pay; or\n\n(c) by both instalments and an extension of time to pay.\n\n","sortOrder":92},{"sectionNumber":"47","sectionType":"section","heading":"Commencement of payment arrangements","content":"\t47 Commencement of payment arrangements\n\nA payment arrangement commences when the Director receives the first payment by its due date in accordance with the proposed payment arrangement from the person to whom that arrangement was offered.\n\n","sortOrder":93},{"sectionNumber":"48","sectionType":"section","heading":"Payment arrangements—removals","content":"\t48 Payment arrangements—removals\n\nS. 48(1) amended by No. 59/2017 s. 18(a).\n\n(1) A person to whom a payment arrangement applies may request the removal of any infringement fine or court fine or registered collection and enforcement order from that person's payment arrangement.\n\n(2) If an enforcement agency withdraws an infringement notice for an infringement offence which was served on a person to whom a payment arrangement applies, the enforcement agency must request the Director to remove the infringement fine for the withdrawn infringement notice from the person's payment arrangement.\n\nS. 48(3) amended by No. 59/2017 s. 18(b)(c).\n\n(3) If a fine or a registered collection and enforcement order is removed from a payment arrangement in accordance with a request of a person under subsection (1) or an infringement fine is removed by an enforcement agency under subsection (2), any money paid in respect of that fine or that registered collection and enforcement order is—\n\nS. 48(3)(a) amended by No. 59/2017 s. 18(d).\n\n(a) to be allocated to the payment of the oldest infringement fine or court fine or registered collection and enforcement order then remaining in the payment arrangement; or\n\n(b) subject to subsection (4), if the removal results in the completion of the payment arrangement and there is an overpayment, the person is entitled to a refund of any overpayment of money paid and—\n\n(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\nS. 48(4) amended by No. 59/2017 s. 18(e).\n\n(4) A person is not entitled to a refund under subsection (3)(b) if at the time the fine or the registered collection and enforcement order is removed from the payment arrangement—\n\nS. 48(4)(a) amended by No. 59/2017 s. 18(f).\n\n(a) that person has already paid the fine or the registered collection and enforcement order in full; and\n\n(b) in the case of an infringement offence, that infringement offence has been expiated by that payment.\n\nSee also section 57 for the effect of cancellation if the fine remains outstanding.\n\n","sortOrder":94},{"sectionNumber":"49","sectionType":"section","heading":"Cancellation by request of person to whom payment arrangement applies","content":"\t49 Cancellation by request of person to whom payment arrangement applies\n\n(1) A person to whom a payment arrangement applies may request the Director to cancel the payment arrangement at any time.\n\n(2) On receiving a request under subsection (1), the Director must—\n\n(a) cancel the payment arrangement applying to that person; and\n\n(b) notify the person in writing that the payment arrangement is cancelled from the date specified in the notification.\n\nS. 49(3) amended by No. 59/2017 s. 19(1).\n\n(3) If a payment arrangement is cancelled, any money paid in respect of an infringement fine or a court fine or a registered collection and enforcement order to which the payment arrangement related is—\n\nS. 49(3)(a) amended by No. 59/2017 s. 19(2).\n\n(a) to be allocated to the payment of the oldest fine or registered collection and enforcement order then remaining in the payment arrangement before it was cancelled; or\n\n(b) subject to subsection (4), if the cancellation results in the completion of the payment arrangement and there is an overpayment, the person is entitled to a refund of any overpayment of money paid and—\n\n(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\n(4) A person is not entitled to a refund under subsection (3)(b) if at the time of the cancellation—\n\nS. 49(4)(a) amended by No. 59/2017 s. 19(3).\n\n(a) that person has already paid the fine or the registered collection and enforcement order in full; and\n\n(b) in the case of an infringement offence, that infringement offence has been expiated by that payment.\n\nSee also section 57 for effect of cancellation if fine remains outstanding.\n\n","sortOrder":95},{"sectionNumber":"50","sectionType":"section","heading":"Variation of payment arrangement","content":"\t50 Variation of payment arrangement\n\n(1) A person to whom a payment arrangement applies may apply to the Director for a variation of the terms of the payment arrangement.\n\n(2) The Director, in the Director's discretion, may vary the terms of a payment arrangement.\n\n(3) A person who applies for a variation under subsection (1) must continue to comply with the current terms of a payment arrangement pending a decision by the Director to vary those terms or refuse the application.\n\n(4) The Director must give written notification to the applicant of the Director's decision to vary the payment arrangement or to refuse the application for variation as soon as practicable after the decision is made.\n\n(5) If a variation is refused by the Director, the terms of the payment arrangement continue as they applied before the application for variation.\n\nS. 51 substituted by No. 59/2017 s. 20.\n\n","sortOrder":96},{"sectionNumber":"51","sectionType":"section","heading":"Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made","content":"\t51 Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made\n\nA person who has made a payment arrangement with the Director and who wishes to add an infringement fine or a court fine or a registered collection and enforcement order to that payment arrangement must apply for a new payment arrangement under section 42 in respect of the relevant infringement fine or court fine or registered collection and enforcement order.\n\n","sortOrder":97},{"sectionNumber":"52","sectionType":"section","heading":"Director's power to make payment arrangements","content":"\t52 Director's power to make payment arrangements\n\nS. 52(1) amended by No. 59/2017 s. 21.\n\n(1) The Director may add any infringement fine or court fine or registered collection and enforcement order to a person's payment arrangement by making a new payment arrangement with the person in accordance with section 45.\n\n(2) The Director must make a new payment arrangement with a person to add any court fine to a payment arrangement of a person if a court, when imposing a fine on the person, orders that the court fine be managed by payment arrangement.\n\n","sortOrder":98},{"sectionNumber":"53","sectionType":"section","heading":"Allocation of money received under payment arrangement","content":"\t53 Allocation of money received under payment arrangement\n\nS. 53(1) substituted by No. 59/2017 s. 22(1).\n\n(1) The Director must allocate money received under a payment arrangement in order of priority based on the date of each infringement fine, court fine or registered collection and enforcement order under the payment arrangement, with the oldest fine or registered collection and enforcement order being paid out first unless a court order provides otherwise for the priority of payment of—\n\n(a) any fine; or\n\n(b) any registered collection and enforcement order.\n\n(2) The order of priority to be applied when payments under a payment arrangement are allocated applies—\n\n(a) to all payment arrangements made by the Director with a person; and\n\nS. 53(2)(b) amended by No. 59/2017 s. 22(2).\n\n(b) regardless of the origin of the infringement fine or court fine or registered collection and enforcement order under the payment arrangement.\n\n(3) If a person to whom a payment arrangement applies makes an overpayment by continuing payments after the payment arrangement is completed, the Director must advise the person of the overpayment and may—\n\nS. 53(3)(a) amended by No. 59/2017 s. 22(3).\n\n(a) if the person has other fines or registered collection and enforcement orders, offer to apply the amount of the overpayment to those fines or registered collection and enforcement orders if the person—\n\n(i) consents to the amount being so applied; and\n\n(ii) directs the Director to do so; or\n\n(b) refund the amount of the overpayment to the person and—\n\n(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\n","sortOrder":99},{"sectionNumber":"54","sectionType":"section","heading":"Provision of current contact details","content":"\t54 Provision of current contact details\n\n(1) If an enforcement agency refers an infringement fine to the Director for management by a payment arrangement, the enforcement agency must provide the Director with the most up-to-date contact details of the person to whom the proposed payment arrangement is to apply.\n\nS. 54(2) amended by No. 59/2017 s. 23.\n\n(2) If a court makes an instalment order or a time to pay order when imposing a fine or a registered collection and enforcement order on a person and orders the court fine or the registered collection and enforcement order to be managed by the Director by a payment arrangement, the court must cause the Director to be provided with the most up-to-date contact details of the person to whom the proposed payment arrangement is to apply.\n\n(3) It is sufficient compliance with subsection (1) or (2) if the enforcement agency or the court, as the case requires—\n\n(a) requests the person to whom the payment arrangement is to apply to confirm the details of any address that the enforcement agency or the court has in its records for that person; and\n\n(b) supplies the address confirmed in accordance with paragraph (a) to the Director when the agency makes the referral under subsection (1) or the court makes the order referred to in subsection (2).\n\n(4) This section applies despite anything to the contrary in any Act or other instrument under which the enforcement agency or the court is established or operates.\n\nS. 54(5) substituted by No. 17/2022 s. 13.\n\n(5) The Director must notify an enforcement agency which referred an infringement fine in respect of a person to the Director for management by a payment arrangement or a court which makes an order referred to in subsection (2) of the last known address of the person to whom the payment arrangement applies if—\n\n(a) the payment arrangement that applies to that person is cancelled under section 56; or\n\n(b) that person—\n\n(i) requests the removal of a fine from a payment arrangement under section 48; or\n\n(ii) requests the cancellation of a payment arrangement under section 49.\n\n","sortOrder":100},{"sectionNumber":"55","sectionType":"section","heading":"Payment arrangement may extend period for commencing a proceeding for offence","content":"\t55 Payment arrangement may extend period for commencing a proceeding for offence\n\n(1) If a payment arrangement applies to a person in respect of an infringement fine, the period during which a proceeding must be commenced for the infringement offence to which the infringement fine relates is extended as follows—\n\n(a) if the person to whom the payment arrangement applies defaults on a payment in respect of an infringement fine, by 6 months after the date on which the payment arrangement was cancelled under section 56 due to the person having defaulted under the payment arrangement;\n\n(b) if a person to whom a payment arrangement applies removes an infringement fine in respect of an infringement offence from the payment arrangement, by 6 months after the date on which the person has removed that infringement fine from the payment arrangement;\n\n(c) if a person to whom a payment arrangement applies cancels the payment arrangement in respect of an infringement fine, by 6 months after the payment arrangement is cancelled;\n\n(d) if a person does not make the first payment in respect of a proposed payment arrangement in accordance with section 47, by 6 months from the due date of the first payment under that proposed payment arrangement.\n\n(2) Subsection (1) has effect despite section 7(1) of the **Criminal Procedure Act 2009**, section 344A of the **Children, Youth and Families Act 2005** or any other provision of any Act or other instrument providing for the period during which a proceeding must be commenced for an offence alleged to have been committed.\n\n","sortOrder":101},{"sectionNumber":"56","sectionType":"section","heading":"Default on a payment arrangement results in other enforcement action","content":"\t56 Default on a payment arrangement results in other enforcement action\n\n(1) A person defaults in the payment of a payment arrangement if the Director does not receive a payment in accordance with that arrangement within 14 days after the due date of the payment.\n\n(2) If the Director does not receive a payment within the time specified in subsection (1), the Director must send a written notice to the person to whom the payment arrangement applies advising the person—\n\n(a) that the person is in default; and\n\n(b) that within 14 days of the notice, the payment arrangement is cancelled, unless the overdue payment is received before the expiry of that 14 day period; and\n\nS. 56(2)(c) amended by No. 59/2017 s. 24.\n\n(c) on cancellation of the payment arrangement for default, the outstanding infringement fine or court fine or registered collection and enforcement order will be enforced by other enforcement action available under this Act.\n\n","sortOrder":102},{"sectionNumber":"57","sectionType":"section","heading":"Enforcement action on default, cancellation or removal if payment is not complete","content":"\t57 Enforcement action on default, cancellation or removal if payment is not complete\n\nS. 57(1) amended by No. 59/2017 s. 25(a).\n\n(1) Any remaining outstanding infringement fine or court fine or registered collection and enforcement order may be enforced by other enforcement action available under this Act—\n\nS. 57(1)(a) amended by No. 59/2017 s. 25(b).\n\n(a) on the removal of a fine or registered collection and enforcement order from a payment arrangement under section 48 by the person to whom the payment arrangement applies; or\n\n(b) on the cancellation of a payment arrangement under section 49 by the person to whom the payment arrangement applies; or\n\n(c) on cancellation of the payment arrangement under section 56 for default; or\n\n(d) if a person does not make the first payment in accordance with section 47.\n\nS. 57(2) amended by No. 59/2017 s. 25(c).\n\n(2) For the purposes of subsection (1), any enforcement action available is to be taken from the point which the fine or the registered collection and enforcement order to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment arrangement was made for that fine or registered collection and enforcement order.\n\nDepending on the stage that enforcement had reached before the payment arrangement was made, a penalty reminder notice may be served, or if not already registered, the infringement penalty may be registered as an infringement fine and a notice of final demand served or any sanction available under this Act following default may be applied.\n\n","sortOrder":103},{"sectionNumber":"58","sectionType":"section","heading":"Payment arrangement has same effect as a full payment—demerit point schemes","content":"\t58 Payment arrangement has same effect as a full payment—demerit point schemes\n\n(1) This section applies in respect of an infringement offence that would result in a person incurring demerit points under the **Road Safety Act 1986** or any other Act or other instrument in respect of which a demerit system applies if the person were convicted of the offence which has been referred for a payment arrangement by an enforcement agency under section 43.\n\nS. 58(2) amended by No. 59/2017 s. 78.\n\n(2) For the purposes of the **Road Safety Act 1986** or any other Act or other instrument in respect of which a demerit system applies, a person is taken to be paying an infringement fine in respect of the infringement offence on making the first payment under section 47 in accordance with the payment arrangement, irrespective of whether the payment relates to that infringement fine.\n\n","sortOrder":104},{"sectionNumber":"Part 6","sectionType":"part","heading":"Oral examination and production of information","content":"Part 6—Oral examination and production of information\n\n","sortOrder":105},{"sectionNumber":"59","sectionType":"section","heading":"Director may direct production of information","content":"\t59 Director may direct production of information\n\nThe Director may make a production of information direction requiring the fine defaulter—\n\n(a) to give the Director, within the time specified in the direction, a statement of financial circumstances—\n\n(i) in the prescribed form and containing any prescribed details; and\n\n(ii) attaching any prescribed information; or\n\n(b) to attend before the Director at a place and at a time specified in the direction to answer questions in respect of the financial circumstances of the fine defaulter.\n\n","sortOrder":106},{"sectionNumber":"60","sectionType":"section","heading":"Offence not to comply with production of information direction","content":"\t60 Offence not to comply with production of information direction\n\nA fine defaulter must not, without lawful excuse, fail to comply with a production of information direction.\n\n","sortOrder":107},{"sectionNumber":"61","sectionType":"section","heading":"Use of information obtained by production of information direction","content":"\t61 Use of information obtained by production of information direction\n\n(1) The Director must not disclose any information obtained by a production of information direction except as authorised by this section.\n\n(2) The Director may disclose information obtained by a production of information direction if the Director reasonably believes that the disclosure is necessary—\n\n(a) for the purposes of a payment arrangement; or\n\n(b) for the purposes of taking enforcement action against a fine defaulter under this Act; or\n\n(c) to assist the sheriff to take enforcement action against a fine defaulter under this Act.\n\n","sortOrder":108},{"sectionNumber":"62","sectionType":"section","heading":"Director may apply for a summons for oral examination and production of information","content":"\t62 Director may apply for a summons for oral examination and production of information\n\nThe Director may apply to the Magistrates' Court for a summons to be issued to a fine defaulter for oral examination and the production of information for the purposes of taking enforcement action against a fine defaulter under this Act if—\n\n(a) the Director has made a production of information direction; and\n\n(b) the fine defaulter has failed to comply with that direction.\n\n","sortOrder":109},{"sectionNumber":"63","sectionType":"section","heading":"Summons for oral examination and production of information","content":"\t63 Summons for oral examination and production of information\n\nS. 63(1) amended by No. 29/2016 s. 26.\n\n(1) On the application of the Director under section 62, the Magistrates' Court may issue a summons for a person who is a fine defaulter to attend before the Magistrates' Court for oral examination and to produce information specified in the summons to the Court.\n\n(2) A summons under subsection (1) must—\n\n(b) state the time, date and place of the oral examination and the production of information; and\n\n(c) contain a statement that a warrant for arrest may be issued against the person under the **Magistrates' Court Act 1989** for failure to comply; and\n\n(d) require the person to provide to the Magistrates' Court, on or before the day of the oral examination—\n\n(i) a written statement containing prescribed details setting out the financial circumstances of the person; and\n\n(ii) any documents in support of the financial details specified in the written statement; and\n\n(e) contain any other prescribed details.\n\nA failure by a fine defaulter to produce information following a production of information direction or summons for oral examination under this Part may result in the Director refusing to make a payment arrangement with the fine defaulter.\n\n","sortOrder":110},{"sectionNumber":"64","sectionType":"section","heading":"What happens if person does not attend oral examination?","content":"\t64 What happens if person does not attend oral examination?\n\n(1) If a person fails to attend before the Magistrates' Court as required by a summons under section 63 or otherwise fails to comply with the summons, the Magistrates' Court may issue a warrant to arrest the person in accordance with the **Magistrates' Court Act 1989**.\n\n(2) A warrant under subsection (1) must—\n\n(a) be directed to the sheriff or a police officer; and\n\n(b) specify a time and place for the oral examination.\n\n(3) If the sheriff or a police officer (as the case requires) arrests a person pursuant to a warrant referred to in this section, the sheriff or police officer may release the person on bail if the person undertakes to attend for oral examination and to produce information at the time and place specified in the warrant.\n\nPart 7—Attachment of earnings directions and attachment of debts directions\n\nDivision 1—Attachment of earnings direction\n\n\t65 When can an attachment of earnings direction be made?\n\n(1) Subject to this Division, the Director may make an attachment of earnings direction in respect of a fine defaulter if the Director is satisfied that the fine defaulter owes a total amount outstanding which is not less than the attachment of earnings threshold.\n\n(2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—\n\nS. 65(2)(b) amended by No. 59/2017 s. 26(a).\n\nS. 65(2)(c) inserted by No. 59/2017 s. 26(b).\n\nS. 65(2)(d) inserted by No. 59/2017 s. 26(b).\n\n(3) An attachment of earnings direction remains in force if, during the period of operation of the direction—\n\n(a) the amount outstanding falls below the attachment of earnings threshold; or\n\n(b) the amount outstanding falls below the attachment of earnings threshold and the Director varies the attachment of earnings direction under section 70.\n\n(4) An attachment of earnings direction may be made—\n\n(a) at the discretion of the Director; or\n\n(b) on the application of the fine defaulter.\n\n","sortOrder":111},{"sectionNumber":"66","sectionType":"section","heading":"Notice of direction to be served on fine defaulter and employer","content":"\t66 Notice of direction to be served on fine defaulter and employer\n\n(1) If the Director makes an attachment of earnings direction, the Director must cause—\n\n(a) a notice of an attachment of earnings direction to be served on the fine defaulter in respect of whom the direction is made specifying the matters under subsection (2); and\n\n(b) the direction to be served on the person to whom the direction is directed.\n\n(2) A notice of an attachment of earnings direction must—\n\n(a) state that an attachment of earnings direction has been made in respect of the fine defaulter; and\n\n(b) state that within 14 days of service of the notice and in accordance with section 68, the fine defaulter may apply for the direction to be varied on hardship grounds.\n\n","sortOrder":112},{"sectionNumber":"67","sectionType":"section","heading":"Director may request information","content":"\t67 Director may request information\n\n(1) Before making an attachment of earnings direction, the Director may request additional information from the fine defaulter regarding the fine defaulter's financial circumstances.\n\n(2) If the Director makes a request under subsection (1)—\n\n(a) the information must be given to the Director no later than 14 days after the Director's request or a longer period, not exceeding 3 months, specified by the Director at the time of the request; and\n\n(b) any enforcement action that might otherwise be taken in respect of the fine is suspended for the period specified in paragraph (a).\n\n(3) The Director may, in the Director's discretion, decide whether to make an attachment of earnings direction based on the information available if the Director does not receive the additional information requested under subsection (1) by the time specified in subsection (2)(a).\n\n","sortOrder":113},{"sectionNumber":"68","sectionType":"section","heading":"Protected level of income","content":"\t68 Protected level of income\n\n(1) Within 14 days after service of a notice of an attachment of earnings direction, a fine defaulter in respect of whom an attachment of earnings direction has been made may apply to the Director for the direction to be varied or cancelled.\n\n(2) For the purposes of making an application under subsection (1), the fine defaulter must establish, to the satisfaction of the Director, that the attachment of earnings direction would—\n\n(a) cause the fine defaulter to suffer financial hardship; or\n\n(b) result in the fine defaulter's earnings falling below the prescribed protected level of income.\n\n(3) The Director may vary or cancel an attachment of earnings direction under section 70 if the Director is satisfied that the fine defaulter would suffer financial hardship or the fine defaulter's earnings would fall below the protected level of income prescribed under subsection (2) if the direction is not varied or cancelled.\n\n","sortOrder":114},{"sectionNumber":"69","sectionType":"section","heading":"Employer obligations in respect of an attachment of earnings direction","content":"\t69 Employer obligations in respect of an attachment of earnings direction\n\n(1) A person to whom an attachment of earnings direction is directed must remit to the Director, in accordance with the direction, any earnings deducted at the intervals specified in the direction.\n\n(2) A person to whom an attachment of earnings direction is directed must, if the fine defaulter in respect of whom the direction was made ceases to be employed by the person to whom the direction is directed, advise the Director of that fact, by notice in the prescribed form, within 14 days of the employment ceasing.\n\n(3) A person to whom an attachment of earnings direction is directed must keep accurate records of amounts deducted under the direction.\n\n(4) A person to whom an attachment of earnings direction is directed must provide the records specified in subsection (3) to the Director, if the Director makes a written request for those records.\n\n","sortOrder":115},{"sectionNumber":"70","sectionType":"section","heading":"Variation, cancellation or suspension of attachment of earnings direction","content":"\t70 Variation, cancellation or suspension of attachment of earnings direction\n\n(1) If an attachment of earnings direction is in force, the Director may vary, cancel or suspend the direction—\n\n(a) on the Director's own motion; or\n\n(b) on the application of the fine defaulter in respect of whom the attachment of earnings direction has been made; or\n\n(c) on the application of the person to whom the attachment of earnings direction is directed.\n\n(2) The Director must cause notice of a variation, cancellation or suspension of an attachment of earnings direction made under subsection (1) to be served on—\n\n(a) the fine defaulter in respect of whom the attachment of earnings direction was made; and\n\n(b) the person to whom the attachment of earnings direction is directed.\n\n","sortOrder":116},{"sectionNumber":"71","sectionType":"section","heading":"Cessation of attachment of earnings direction","content":"\t71 Cessation of attachment of earnings direction\n\n(1) An attachment of earnings direction ceases to have effect—\n\n(a) on being cancelled under section 70; or\n\n(b) if the outstanding amount to which the direction applies is paid in full, including any variations.\n\n(2) If an attachment of earnings direction ceases to have effect, the Director must, as soon as possible, serve written notice of the cessation on—\n\n(a) the person to whom the attachment of earnings direction was directed; and\n\n(b) the fine defaulter in respect of whom the attachment of earnings direction was made.\n\n(3) If an attachment of earnings direction ceases to have effect, the person to whom the attachment of earnings direction is directed does not incur any liability in consequence of treating the direction as still in force at any time before the expiration of 7 days after the day on which the notice of the cessation required under subsection (2) is served on that person.\n\n","sortOrder":117},{"sectionNumber":"72","sectionType":"section","heading":"Compliance with an attachment of earnings direction","content":"\t72 Compliance with an attachment of earnings direction\n\nA person to whom an attachment of earnings direction is directed must take all reasonable steps to comply with the direction.\n\n","sortOrder":118},{"sectionNumber":"73","sectionType":"section","heading":"Employee not to be prejudiced because of attachment of earnings direction","content":"\t73 Employee not to be prejudiced because of attachment of earnings direction\n\n(1) A person must not dismiss an employee or injure an employee in the employee's employment or alter an employee's position to the prejudice of the employee because—\n\n(a) an attachment of earnings direction has been made in respect of the employee; or\n\n(b) the employee is required to make payments under an attachment of earnings direction.\n\n(2) The Magistrates' Court may order a person convicted of an offence under subsection (1)—\n\n(a) to reimburse any lost wages to the employee; and\n\n(b) to cause the employee to be reinstated in the employee's former position or in a similar position.\n\n(3) An amount ordered to be reimbursed under subsection (2)—\n\n(a) may be recovered from the convicted person in the same manner as the penalty to which that person is liable under subsection (1); and\n\n(b) may be included in the same warrant.\n\n(4) An attachment of earnings direction may apply to earnings falling to be paid—\n\n(a) by the Crown; or\n\n(b) by a statutory authority representing the Crown; or\n\n(c) out of the Consolidated Fund.\n\n","sortOrder":119},{"sectionNumber":"74","sectionType":"section","heading":"Determining the earnings of an employee for the purposes of this Division","content":"\t74 Determining the earnings of an employee for the purposes of this Division\n\nFor the purposes of this Division, the amount of earnings of an employee may be calculated in accordance with the regulations.\n\n","sortOrder":120},{"sectionNumber":"75","sectionType":"section","heading":"Two or more employers of one fine defaulter","content":"\t75 Two or more employers of one fine defaulter\n\nIf a fine defaulter in respect of whom an attachment of earnings direction has been made receives earnings from 2 or more employers, the Director may—\n\n(a) treat any of the employers as the only employer of the person; or\n\n(b) treat any 2 or more of the employers as joint employers of the person.\n\n","sortOrder":121},{"sectionNumber":"76","sectionType":"section","heading":"Allocation of money under attachment of earnings direction","content":"\t76 Allocation of money under attachment of earnings direction\n\nS. 76(1) amended by No. 59/2017 s. 27(1).\n\n(1) The Director must allocate money received under an attachment of earnings direction in order of priority with the amount outstanding under the oldest fine or registered collection and enforcement order being paid out first.\n\n(2) The order of priority to be applied when payments under an attachment of earnings direction are allocated applies—\n\n(a) to all attachment of earnings directions managed by the Director; and\n\nS. 76(2)(b) amended by No. 59/2017 s. 27(2).\n\n(b) regardless of the origin of the fine or the registered collection and enforcement order to which the attachment of earnings direction applies.\n\n(3) If a person to whom an attachment of earnings direction is directed overpays the amount to which the attachment of earnings direction applies by continuing payments after the attachment of earnings direction is satisfied, the Director may—\n\n(a) refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of earnings direction was made and—\n\n(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\n(ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or\n\nS. 76(3)(b) amended by No. 59/2017 s. 27(3).\n\n(b) if the fine defaulter in respect of whom the attachment of earnings direction was made has other outstanding registered fines or registered collection and enforcement orders that were not subject to the attachment of earnings direction, apply the amount of the overpayment to those registered fines or registered collection and enforcement orders if the fine defaulter consents to the amount being so applied.\n\n","sortOrder":122},{"sectionNumber":"77","sectionType":"section","heading":"Enforcement action suspended if attachment of earnings direction made","content":"\t77 Enforcement action suspended if attachment of earnings direction made\n\n(1) If the Director makes an attachment of earnings direction, any enforcement action against the fine defaulter in respect of whom the attachment of earnings direction is made is suspended.\n\n(2) Suspension of any enforcement action under subsection (1) ceases on the cancellation of the attachment of earnings direction.\n\nDivision 2—Attachment of debts direction\n\n","sortOrder":123},{"sectionNumber":"78","sectionType":"section","heading":"When can an attachment of debts direction be made?","content":"\t78 When can an attachment of debts direction be made?\n\n(1) Subject to this Division, the Director may make an attachment of debts direction in respect of a fine defaulter if the Director is satisfied that the fine defaulter owes a total amount outstanding which is not less than the attachment of debts threshold.\n\n(2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—\n\nS. 78(2)(b) amended by No. 59/2017 s. 28(a).\n\nS. 78(2)(c) inserted by No. 59/2017 s. 28(b).\n\nS. 78(2)(d) inserted by No. 59/2017 s. 28(b).\n\n(3) An attachment of debts direction remains in force if, during the period of operation of the direction—\n\n(a) the amount outstanding falls below the attachment of debts threshold; or\n\n(b) the amount outstanding falls below the attachment of debts threshold and the Director varies the attachment of debts direction under section 84.\n\n(4) The Director must not make an attachment of debts direction—\n\n(a) unless the debt is due or accruing to the fine defaulter from the garnishee; and\n\n(b) unless the garnishee is within Victoria.\n\n(5) An attachment of debts direction may be made—\n\n(a) at the discretion of the Director; or\n\n(b) on the application of the fine defaulter.\n\nS. 79 (Heading) amended by No. 59/2017 s. 79(1).\n\nS. 79 amended by No. 59/2017 s. 79(2).\n\n","sortOrder":124},{"sectionNumber":"79","sectionType":"section","heading":"ADI account","content":"\t79 ADI account\n\nAn amount standing to the credit of the fine defaulter referred to in section 78(1) in an account in an ADI or a co-operative is, for the purpose of section 78(4)(a), a debt due or accruing to the fine defaulter, despite any of the following conditions applicable to the account not being satisfied—\n\n(a) that a demand or notice is required before money is withdrawn;\n\n(b) that a personal application must be made before money is withdrawn;\n\n(c) that a deposit book must be produced before money is withdrawn;\n\n(d) that a receipt for money deposited in the account must be produced before money is withdrawn.\n\n","sortOrder":125},{"sectionNumber":"80","sectionType":"section","heading":"Service and effect of attachment of debts direction","content":"\t80 Service and effect of attachment of debts direction\n\n(1) A copy of an attachment of debts direction must be served as soon as possible after the making of the direction on—\n\n(a) the garnishee; and\n\n(b) the fine defaulter in respect of whom the attachment of debts direction is made; and\n\nS. 80(1)(c) amended by No. 59/2017 s. 80.\n\n(c) if the garnishee has paid, or is paying, the debt accruing to the fine defaulter in respect of whom the attachment of debts direction is made in an account the fine defaulter holds in an ADI or co-operative, the ADI or co‑operative where the account is held.\n\n(2) An attachment of debts direction binds the debts to which it applies on service of the direction.\n\n","sortOrder":126},{"sectionNumber":"81","sectionType":"section","heading":"Dispute of liability by garnishee","content":"\t81 Dispute of liability by garnishee\n\n(1) If the garnishee or any other person disputes liability to pay the debt attached by the attachment of debts direction, the garnishee may apply to the Director within 14 days of service of the attachment of debts direction for a determination of liability.\n\n(2) An application under subsection (1) must be in accordance with the regulations (if any).\n\nS. 82 (Heading) amended by No. 59/2017 s. 81(1).\n\n","sortOrder":127},{"sectionNumber":"82","sectionType":"section","heading":"Obligations of ADI or co-operative receiving or holding payments of garnishee on behalf of fine defaulter","content":"\t82 Obligations of ADI or co-operative receiving or holding payments of garnishee on behalf of fine defaulter\n\n(1) This section applies to a bank or co-operative if—\n\nS. 82(1)(a) amended by No. 59/2017 s. 81(2).\n\n(a) the Director has made an attachment of debts direction in respect of a fine defaulter who holds an account in the ADI or co-operative in which a debt is due or accruing as specified in section 79; and\n\nS. 82(1)(b) amended by No. 59/2017 s. 81(3).\n\n(b) the Director serves the ADI or co-operative with a copy of the attachment of debts direction made in respect of the fine defaulter who holds the account.\n\nS. 82(2) amended by No. 59/2017 s. 81(4).\n\n(2) An ADI or co-operative must deduct from the account held by the fine defaulter in respect of whom the attachment of debts direction has been made, the amount specified in the direction on receipt of a deposit made by the garnishee.\n\nS. 82(3) amended by No. 59/2017 s. 81(4).\n\n(3) An ADI or co-operative must pay the money deducted under subsection (2) to the Director within 2 days after the deposit made by the garnishee.\n\nS. 82(4) amended by No. 59/2017 s. 81(4)(5).\n\n(4) An ADI or co-operative must ensure that the fine defaulter in respect of whom the attachment of debts direction has been made is unable to access the money deposited by the garnishee until the ADI or co-operative has deducted the amount for payment to the Director as specified in the direction.\n\n","sortOrder":128},{"sectionNumber":"83","sectionType":"section","heading":"Obligations of fine defaulter","content":"\t83 Obligations of fine defaulter\n\nA fine defaulter in respect of whom an attachment of debts direction has been made must advise the Director by written notice if—\n\n(a) the garnishee discontinues the payment of the debt attached by the direction; or\n\n(b) the fine defaulter closes the account into which payments of the debt are made; or\n\n(c) the fine defaulter arranges for the garnishee to pay the debt into another account.\n\n","sortOrder":129},{"sectionNumber":"84","sectionType":"section","heading":"Variation, cancellation or suspension of attachment of debts direction","content":"\t84 Variation, cancellation or suspension of attachment of debts direction\n\n(1) If an attachment of debts direction is in force, the Director may vary, cancel or suspend the direction—\n\n(a) on the Director's own motion; or\n\n(b) on the application of the fine defaulter in respect of whom the attachment of debts direction has been made.\n\n(2) The Director must cause a notice of a variation, cancellation or suspension of an attachment of debts direction made under subsection (1) to be served on—\n\n(a) the fine defaulter in respect of whom the attachment of debts direction is made; and\n\n(b) the garnishee.\n\n","sortOrder":130},{"sectionNumber":"85","sectionType":"section","heading":"Compliance with an attachment of debts direction","content":"\t85 Compliance with an attachment of debts direction\n\nA person to whom an attachment of debts direction is directed must take all reasonable steps to comply with the direction.\n\n","sortOrder":131},{"sectionNumber":"86","sectionType":"section","heading":"Allocation of money under attachment of debts direction","content":"\t86 Allocation of money under attachment of debts direction\n\nS. 86(1) amended by No. 59/2017 s. 29(1).\n\n(1) The Director must allocate money received under an attachment of debts direction in order of priority with the amount outstanding under the oldest fine or registered collection and enforcement order being paid out first.\n\n(2) The order of priority to be applied when payments under an attachment of debts direction are allocated applies—\n\n(a) to all attachment of debts directions managed by the Director; and\n\nS. 86(2)(b) amended by No. 59/2017 s. 29(2).\n\n(b) regardless of the origin of any fine or any registered collection and enforcement order to which the attachment of debts direction applies.\n\n(3) If a person to whom an attachment of debts direction is directed overpays the amount to which the attachment of debts direction applies by continuing payments after the attachment of debts direction is satisfied, the Director may—\n\n(a) refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of debts direction was made and—\n\n(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or\n\n(ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or\n\nS. 86(3)(b) amended by No. 59/2017 s. 29(3).\n\n(b) if the fine defaulter in respect of whom the attachment of debts direction was made has other outstanding fines or registered collection and enforcement orders that were not subject to the attachment of debts direction, apply the amount of the overpayment to those outstanding fines or registered collection and enforcement orders if the fine defaulter consents to the amount being so applied.\n\n","sortOrder":132},{"sectionNumber":"87","sectionType":"section","heading":"Enforcement action suspended if attachment of debts direction made","content":"\t87 Enforcement action suspended if attachment of debts direction made\n\n(1) If the Director makes an attachment of debts direction, any enforcement action against the fine defaulter in respect of whom the attachment of debts direction is made is suspended.\n\n(2) Suspension of any enforcement action under subsection (1) ceases on the cancellation of the attachment of debts direction.\n\n","sortOrder":133},{"sectionNumber":"Part 8","sectionType":"part","heading":"Driver and vehicle sanctions","content":"Part 8—Driver and vehicle sanctions\n\n","sortOrder":134},{"sectionNumber":"88","sectionType":"section","heading":"Application","content":"\t88 Application\n\nS. 88(1) amended by No. 29/2016 s. 27, substituted by No. 59/2017 s. 30(1).\n\n(1) This Part applies if a notice of final demand has been issued for—\n\n(a) an infringement offence, whether or not the infringement offence involves a vehicle; or\n\n(b) an offence for which a court fine was imposed, whether or not the offence involves a vehicle; or\n\n(c) an infringement offence or an offence in respect of which a registered collection and enforcement order was made, whether or not the infringement offence or the offence involves a vehicle.\n\nSee section 24(1).\n\n(2) The Director may take action under this Part in addition to any other action under this Act.\n\n(3) Nothing in this Part prevents the Director making more than one direction under this Part or more than one type of direction under this Part in respect of any person or any vehicle.\n\nS. 88(4) amended by No. 59/2017 s. 30(2).\n\n(4) Without limiting any other power under this Part, the Director may make one direction under this Part in respect of multiple registered fines or registered collection and enforcement orders.\n\n","sortOrder":135},{"sectionNumber":"89","sectionType":"section","heading":"Sanctions that may be imposed on a fine defaulter","content":"\t89 Sanctions that may be imposed on a fine defaulter\n\nS. 89(1) amended by No. 49/2019 s. 186(Sch. 4 item 20.2).\n\n(1) The Director may direct the Transport Secretary to impose one or more of the following sanctions on a fine defaulter until the Director directs the Transport Secretary that the sanction should be discontinued under section 91—\n\nS. 89(1)(a) amended by No. 29/2016 s. 28.\n\n(a) to suspend any driver licence of the fine defaulter under section 24(1A) of the **Road Safety Act 1986**;\n\nS. 89(1)(b) amended by No. 29/2016 s. 28.\n\n(b) not to grant or renew any driver licence of the fine defaulter;\n\nSee section 19A of the **Road Safety Act 1986**.\n\n(c) if the fine defaulter is the registered operator of a vehicle—\n\n(i) to suspend the registration of a vehicle registered to the fine defaulter;\n\nSee section 9AA of the **Road Safety Act 1986**.\n\n(ii) not to renew the registration of a vehicle registered to the fine defaulter;\n\nSee section 9AC of the **Road Safety Act 1986**.\n\n(iii) not to transfer to any other person the registration of a vehicle registered to the fine defaulter, whether or not an application for transfer of registration has been made;\n\nSee section 9AE of the **Road Safety Act 1986**.\n\n(d) not to register a vehicle in the name of the fine defaulter.\n\nSee section 9AC of the **Road Safety Act 1986**.\n\n(2) Subsection (1)(c) and (d) apply whether the person who is or is proposed to be the registered operator of the vehicle is a natural person or a body corporate.\n\n","sortOrder":136},{"sectionNumber":"90","sectionType":"section","heading":"Effect of further amounts being added to amounts outstanding","content":"\t90 Effect of further amounts being added to amounts outstanding\n\nIf a direction has been made under section 89 and the fine defaulter on whom the driver and vehicle sanction is imposed becomes subject to one or more subsequent registered fines—\n\n(a) the Director may add the amount of those outstanding fines to the direction; and\n\n(b) the direction under this section continues to apply until the direction has ceased in accordance with section 91.\n\nS. 91 amended by No. 49/2019 s. 186(Sch. 4 item 20.3).\n\n","sortOrder":137},{"sectionNumber":"91","sectionType":"section","heading":"Cessation of driver and vehicle sanction","content":"\t91 Cessation of driver and vehicle sanction\n\nThe Director must direct the Transport Secretary to cease the application of a driver and vehicle sanction in respect of a person when any of the following occurs in relation to the registered fine in respect of which the sanction has been imposed—\n\n(a) payment in full of the registered fine under every notice of final demand to which the direction to impose a sanction applies;\n\n(b) the person on whom the sanction has been imposed makes a payment arrangement in respect of the amount outstanding;\n\n(c) an attachment of earnings direction or an attachment of debts direction is made in relation to the person for the amount outstanding;\n\n(e) seizure of property under this Act sufficient to satisfy the amount to which the driver and vehicle sanction applies;\n\n(g) all enforcement warrants issued in respect of an amount outstanding for which the sanction has been applied have been recalled and cancelled;\n\n(h) the Director, in the Director's discretion, considers that the application of any sanction being imposed is no longer an appropriate enforcement mechanism in any particular case, including, but not limited to, any impact an enforcement mechanism has on a third party.\n\n","sortOrder":138},{"sectionNumber":"92","sectionType":"section","heading":"Cessation of driver and vehicle sanction does not affect any other suspension","content":"\t92 Cessation of driver and vehicle sanction does not affect any other suspension\n\n(1) The cessation of any driver and vehicle sanction does not affect the suspension of a driver licence or registration of a vehicle (as the case requires) under any other Part of this Act or under any other Act or law.\n\n(2) A period of suspension or a direction not to renew a driver licence or registration of a vehicle may be concurrent with any other period of suspension or non-renewal under the **Road Safety Act 1986**.\n\n","sortOrder":139},{"sectionNumber":"93","sectionType":"section","heading":"Avoidance of certain provisions in contracts of insurance","content":"\t93 Avoidance of certain provisions in contracts of insurance\n\nS. 93(1) amended by No. 49/2019 s. 186(Sch. 4 item 20.4).\n\n(1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of any driver and vehicle sanction pursuant to a direction of the Director given to the Transport Secretary under this Act.\n\n(2) Subsection (1) applies to a contract of insurance whether entered into before, on or after the commencement of this Part.\n\nS. 94 amended by No. 49/2019 s. 186(Sch. 4 item 20.5).\n\n","sortOrder":140},{"sectionNumber":"94","sectionType":"section","heading":"Cancellation of registration of vehicle registered in name of deregistered body corporate","content":"\t94 Cancellation of registration of vehicle registered in name of deregistered body corporate\n\nIf the registered operator of a vehicle is a deregistered body corporate, the Director may direct the Transport Secretary to cancel the registration of that vehicle.\n\nSee section 9AG of the **Road Safety Act 1986**.\n\nS. 94A inserted by No. 29/2016 s. 29.\n\n","sortOrder":141},{"sectionNumber":"94A","sectionType":"section","heading":"Vehicle in name of business","content":"\t94A Vehicle in name of business\n\nS. 94A(1) amended by No. 49/2019 s. 186(Sch. 4 item 20.6).\n\n(1) If the Director becomes aware that the registered operator of a vehicle is a business, the Director may direct the Transport Secretary to take reasonable steps to transfer the registration of the vehicle to the name of a natural person or a body corporate.\n\nS. 94A(2) amended by No. 49/2019 s. 186(Sch. 4 item 20.7).\n\n(2) If the Transport Secretary is unable to comply with subsection (1) within a reasonable time, the Director may direct the Transport Secretary to cancel the registration of the vehicle.\n\n","sortOrder":142},{"sectionNumber":"Part 9","sectionType":"part","heading":"Charges over land and sale of real property","content":"Part 9—Charges over land and sale of real property\n\n","sortOrder":143},{"sectionNumber":"95","sectionType":"section","heading":"Director may serve notice of intention to charge land","content":"\t95 Director may serve notice of intention to charge land\n\n(1) The Director may serve a notice of intention to charge land on a fine defaulter who has a total amount outstanding that is not less than the prescribed land charge threshold.\n\n(2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—\n\nS. 95(2)(b) amended by No. 59/2017 s. 31(a).\n\nS. 95(2)(c) inserted by No. 59/2017 s. 31(b).\n\nS. 95(2)(d) inserted by No. 59/2017 s. 31(b).\n\n(3) A notice of intention to charge land must—\n\n(a) contain the prescribed particulars (if any); and\n\n(b) in the case of a natural person, be served personally on that person; and\n\nS. 95(3)(c) substituted by No. 59/2017 s. 64(1).\n\n(c) in the case of a body corporate, be served by leaving a copy of the notice at the registered office of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.\n\nS. 95(4) inserted by No. 59/2017 s. 64(2).\n\n(4) Subsection (3)(c) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\nS. 95A inserted by No. 17/2022 s. 14.\n\n","sortOrder":144},{"sectionNumber":"95A","sectionType":"section","heading":"Fine defaulter must not dispose of land after service of notice of intention to charge land","content":"\t95A Fine defaulter must not dispose of land after service of notice of intention to charge land\n\nA person who has been served a notice of intention to charge land must not dispose of their interest in the land for 21 days commencing on the day the notice is served.\n\n","sortOrder":145},{"sectionNumber":"96","sectionType":"section","heading":"Power of Director to apply for land charge to be recorded","content":"\t96 Power of Director to apply for land charge to be recorded\n\n(1) The Director may apply to have a land charge under this Part recorded by the Registrar of Titles if—\n\n(a) a notice of intention to charge land has been served on the person in accordance with section 95; and\n\nS. 96(1)(b) substituted by No. 17/2022 s. 15.\n\n(b) the person has not paid the registered fine, or within 7 days of the notice of intention to charge land being served—\n\n(i) entered into, or made, a payment arrangement; or\n\n(ii) made an application for enforcement review which has not been determined; or\n\n(iii) is the subject of an application for a work and development permit which has not been determined; or\n\n(iv) made an FVS application which has not been determined.\n\n(2) The Director may apply to have a land charge recorded whether the person in respect of whose land it is made is the sole owner of the land or owns that land as a co-owner with any other person.\n\n","sortOrder":146},{"sectionNumber":"97","sectionType":"section","heading":"Land becomes subject to charge","content":"\t97 Land becomes subject to charge\n\n(1) The Director may apply to the Registrar of Titles for the recording of a land charge by lodging an application—\n\n(a) describing the land to be charged; and\n\n(b) stating the outstanding amount of any registered fine to which the charge relates.\n\n(2) On an application being lodged under subsection (1), subject to the **Transfer of Land Act 1958**, the Registrar of Titles must record the land charge in the Register kept under that Act.\n\n(3) On the recording under subsection (2) being made, the outstanding amount of any registered fine is a charge on the land held by the person in respect of whom the land charge was made until—\n\n(a) that amount is recovered and the land charge is removed; or\n\nS. 97(3)(b) amended by No. 29/2016 s. 30(a).\n\n(b) in the case of a natural person, the person in respect of whom the land charge was made dies; or\n\nS. 97(3)(ba) inserted by No. 29/2016 s. 30(b).\n\n(ba) in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or\n\n(c) the land charge is otherwise removed.\n\n(4) A land charge may be recorded under this section in the Register kept under the **Transfer of Land Act 1958** without submission to the Registrar of Titles of any relevant certificate of title.\n\n","sortOrder":147},{"sectionNumber":"98","sectionType":"section","heading":"Removal of land charge","content":"\t98 Removal of land charge\n\n(1) The Director must apply to the Registrar of Titles for the removal of the recording of a land charge over land to which the land charge applies if—\n\n(a) the outstanding amount is paid; or\n\nS. 98(1)(b) amended by No. 29/2016 s. 31(a).\n\n(b) in the case of a natural person, the person in respect of whom the land charge was made dies; or\n\nS. 98(1)(ba) inserted by No. 29/2016 s. 31(b).\n\n(ba) in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or\n\n(c) the land charge should otherwise be removed; or\n\n(d) the Director believes that in all the circumstances it is no longer appropriate for the land charge to remain on the land.\n\n(2) The Director must apply to the Registrar of Titles for the removal of the recording of a land charge by lodging an application—\n\n(a) describing the land in respect of which the land charge is to be removed; and\n\n(b) requesting the removal of the recording of the land charge.\n\n(3) On an application being lodged under subsection (2), subject to the **Transfer of Land Act 1958**, the Registrar of Titles must remove the recording of the land charge from the Register kept under that Act.\n\n(4) On the removing of the recording under subsection (3), the land charge is removed.\n\n(5) The removal of a recording of a land charge in the Register kept under the **Transfer of Land Act 1958** may be done under this section without submission to the Registrar of Titles of any relevant certificate of title.\n\n","sortOrder":148},{"sectionNumber":"99","sectionType":"section","heading":"Powers of Registrar of Titles","content":"\t99 Powers of Registrar of Titles\n\nThe Registrar of Titles may make any recording in the Register kept under the **Transfer of Land Act 1958** that is necessary because of the operation of this Part.\n\n","sortOrder":149},{"sectionNumber":"100","sectionType":"section","heading":"Owner to be notified of land charge or removal of land charge","content":"\t100 Owner to be notified of land charge or removal of land charge\n\nThe Director must give written notice to a fine defaulter whose interest in land is subject to a land charge and any other person recorded in the Register kept under the **Transfer of Land Act 1958** as having a registered interest in the land—\n\n(a) that the land is charged under this Part with the amount stated in the notice; or\n\n(b) of the removal of a land charge over the land.\n\n","sortOrder":150},{"sectionNumber":"101","sectionType":"section","heading":"Notice of intention to sell charged land","content":"\t101 Notice of intention to sell charged land\n\n(1) If a land charge has been recorded for at least 28 days, the Director may serve a notice of intention to sell charged land on all persons recorded in the Register kept under the **Transfer of Land Act 1958** as having an interest in the charged land.\n\n(2) A notice of intention to sell charged land must—\n\n(a) be in writing and contain the prescribed particulars; and\n\n(b) be served—\n\nS. 101(2)(b)(i) amended by No. 59/2017 s. 65(1).\n\n(i) in the case of a natural person, personally on that person; and\n\nS. 101(2)(b)(ii) substituted by No. 59/2017 s. 65(2).\n\n(ii) in the case of a body corporate, by leaving a copy of the notice at the registered office of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; and\n\n(c) state—\n\n(i) the amount of any outstanding registered fine owing at the date of the notice; and\n\n(ii) the address at, or manner in, which payment may be made; and\n\n(iii) that unless payment is made within 14 days of the service of the notice, the Director may apply to the Supreme Court for a land sale order.\n\nS. 101(3) inserted by No. 59/2017 s. 65(3).\n\n(3) Subsection (2)(b)(ii) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.\n\n","sortOrder":151},{"sectionNumber":"102","sectionType":"section","heading":"Power of sale","content":"\t102 Power of sale\n\n(1) The Director may apply to the Supreme Court for a land sale order for the sale of land charged under this Part if—\n\n(a) a notice of intention to sell charged land has been served on a person in accordance with section 101; and\n\n(b) at least 14 days have passed since that service and no payment of the registered fine has been made.\n\n(2) The Supreme Court may make a land sale order for the sale by the Director of the charged land if satisfied that it is appropriate to do so.\n\n(3) Without limiting the Supreme Court's power under subsection (2), the Supreme Court may—\n\n(a) order the production of a certificate of title or any other document required by the Registrar of Titles; and\n\n(b) make any additional orders that it considers appropriate in the circumstances—\n\n(i) in relation to the interest in the land of any person; and\n\n(ii) for giving effect to any land sale order; and\n\n(iii) for ensuring an effective commercial sale process.\n\n","sortOrder":152},{"sectionNumber":"103","sectionType":"section","heading":"Sale to be treated as sale by mortgagee","content":"\t103 Sale to be treated as sale by mortgagee\n\nSection 77 of the **Transfer of Land Act 1958** applies to a sale pursuant to a land sale order as if—\n\n(a) the charge were a registered mortgage; and\n\n(b) the Director were a mortgagee under that mortgage; and\n\n(c) the requirement in that section relating to the giving of notice were deleted.\n\n","sortOrder":153},{"sectionNumber":"104","sectionType":"section","heading":"Access to property and information about land","content":"\t104 Access to property and information about land\n\n(1) A fine defaulter, a registered proprietor or an occupier of land to which a land sale order applies must provide reasonable access to that land for the purposes of the sale of the land.\n\nNote to s. 104(1) amended by No. 45/2018 s. 373.\n\nA renter of residential premises or a resident of a rooming house must permit entry under section 86 or 137 of the **Residential Tenancies Act 1997** if residential premises are to be sold.\n\n(2) For the purposes of facilitating the sale of land to which a land sale order applies, a fine defaulter must provide to the Director any information in relation to the land which—\n\n(a) is known to the fine defaulter; or\n\n(b) may be reasonably obtained by the fine defaulter.\n\n","sortOrder":154},{"sectionNumber":"105","sectionType":"section","heading":"Application of proceeds of sale","content":"\t105 Application of proceeds of sale\n\nIf land is sold pursuant to a land sale order, the proceeds of sale are to be applied in the following order of priority—\n\n(a) in accordance with section 77(3)(a) of the **Transfer of Land Act 1958**, including—\n\n(i) the costs of the sale under this Part; and\n\n(ii) any costs incurred by the Director in obtaining the recording of the land charge in the Register kept under the **Transfer of Land Act 1958**; and\n\n(iii) the costs of the application to the Supreme Court for a land sale order;\n\n(b) to the payment of any money due or owing on an existing mortgage or charge;\n\n(c) to the payment of the registered fine;\n\n(d) to pay any amount remaining in accordance with section 77(3)(c) and (d) of the **Transfer of Land Act 1958** as if a reference to \"the mortgagor\" in section 77(3)(d) were a reference to—\n\n(i) the person whose interest in land was subject to the land charge; and\n\n(ii) if appropriate, any other person recorded in the Register kept under the **Transfer of Land Act 1958** as having an interest in the land.\n\n","sortOrder":155},{"sectionNumber":"Part 10","sectionType":"part","heading":"Enforcement warrants","content":"Part 10—Enforcement warrants\n\n","sortOrder":156},{"sectionNumber":"106","sectionType":"section","heading":"Issue of enforcement warrant","content":"\t106 Issue of enforcement warrant\n\nS. 106(1) substituted by No. 17/2022 s. 40(1).\n\n(1) If the Director is satisfied of one of the following, the Director may apply to a registrar for an enforcement warrant to be issued against a fine defaulter—\n\n(a) a notice of final demand was served on the fine defaulter and the fine defaulter failed to comply with that notice by—\n\n(i) defaulting in the payment of a registered fine specified in the notice; or\n\n(ii) defaulting in the payment of a registered collection and enforcement order specified in the notice; or\n\n(iii) failing to take any other action specified in the notice within the time specified in the notice;\n\n(b) a payment arrangement was made with the fine defaulter and the fine defaulter defaulted in the payment of that payment arrangement;\n\n(c) the fine defaulter failed to report as required under section 152(b) to the community corrections centre specified in a community work permit imposed on the fine defaulter;\n\n(d) the fine defaulter is the subject of any other unsatisfied enforcement warrant that is in force.\n\nS. 106(2) amended by No. 59/2017 s. 32, substituted by No. 17/2022 s. 40(1).\n\n(2) A registrar must issue an enforcement warrant on the application of the Director.\n\nS. 106(3) amended by No. 17/2022 s. 40(2).\n\n(3) If the Director applies for an enforcement warrant under subsection (1)(c), the enforcement warrant issued under subsection (2)—\n\n(a) is not subject to section 119; and\n\n(b) must not be endorsed or direct or authorise that the fine defaulter be dealt with in accordance with Part 13.\n\nS. 106(4) amended by No. 59/2017 s. 58.\n\n(4) If a registrar issues an enforcement warrant against a fine defaulter who is a natural person, the registrar may endorse the warrant with a direction that the person arrested may be released on bail as specified in the endorsement.\n\n(5) An endorsement under subsection (4) must fix—\n\n(a) the amounts in which the principal and the sureties, if any, are to be bound; and\n\n(b) the amount of any money or the value of any security to be deposited.\n\nS. 107 (Heading) substituted by No. 59/2017 s. 82(1).\n\n","sortOrder":157},{"sectionNumber":"107","sectionType":"section","heading":"Fees to be included in enforcement warrant","content":"\t107 Fees to be included in enforcement warrant\n\nS. 107(1) substituted by No. 59/2017 s. 82(2).\n\n(1) On the issue of an enforcement warrant the prescribed fee is payable by the fine defaulter against whom the enforcement warrant is issued.\n\nS. 107(1A) inserted by No. 59/2017 s. 82(2).\n\n(1A) Any enforcement warrant fee, penalty reminder notice fee and collection fee payable by the fine defaulter may be included in the amounts specified in the enforcement warrant.\n\n(2) Any fee prescribed under this Act in respect of the execution of an enforcement warrant forms part of the lawful costs of execution of the warrant.\n\n","sortOrder":158},{"sectionNumber":"108","sectionType":"section","heading":"Recall and cancellation of enforcement warrant","content":"\t108 Recall and cancellation of enforcement warrant\n\n(1) The Director may apply to a registrar for an enforcement warrant to be recalled and cancelled.\n\n(2) On an application under subsection (1), the registrar must recall and cancel the enforcement warrant.\n\n(3) Unless the Director requests otherwise in an application made under subsection (1), the registrar may issue a fresh enforcement warrant for the same purpose as that for which the enforcement warrant recalled and cancelled under subsection (2) was issued.\n\n","sortOrder":159},{"sectionNumber":"109","sectionType":"section","heading":"What does an enforcement warrant authorise?","content":"\t109 What does an enforcement warrant authorise?\n\n(1) An enforcement warrant—\n\n(a) authorises the person to whom it is directed to break, enter and search any residential or business premises occupied by the fine defaulter named in the enforcement warrant for any personal property of the fine defaulter; and\n\n(b) directs and authorises the person to whom it is directed—\n\n(i) to seize the personal property of the fine defaulter named in the enforcement warrant; and\n\n(ii) if the amounts specified in the enforcement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.\n\n(2) An enforcement warrant issued against a fine defaulter who is a natural person, including a fine defaulter who was subject to a community work permit—\n\n(a) authorises the person to whom it is directed to break, enter and search for the fine defaulter in any place where the fine defaulter named in the enforcement warrant is suspected to be; and\n\n(b) subject to any endorsement under section 106(4), directs and authorises the person to whom it is directed to arrest the fine defaulter named in the enforcement warrant.\n\n(3) Nothing in this section requires a person to whom an enforcement warrant is directed—\n\n(a) to break and enter a property for the purpose of finding and seizing personal property; or\n\n(b) in the case of an enforcement warrant issued against a fine defaulter who is a natural person, to break and enter a property for the purpose of finding and seizing personal property before arresting the person named in the enforcement warrant.\n\n(4) Despite subsection (3)(b), a person to whom an enforcement warrant is directed must not arrest the fine defaulter named in the enforcement warrant unless the person executing the enforcement warrant reasonably believes that there is not sufficient personal property of the fine defaulter named in the enforcement warrant to satisfy the amounts specified in the enforcement warrant together with all lawful costs of execution.\n\n","sortOrder":160},{"sectionNumber":"110","sectionType":"section","heading":"Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit","content":"\t110 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit\n\n(1) A person to whom an enforcement warrant is directed must cause a fine defaulter who is a natural person, other than a fine defaulter referred to in section 111, when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)—\n\n(a) in respect of any registered infringement fine—\n\n(i) to be dealt with in accordance with Part 13, if appropriate; or\n\n(ii) if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or\n\nS. 110(1)(ab) inserted by No. 59/2017 s. 33(1).\n\n(ab) in respect of any registered collection and enforcement order made in respect of an outstanding registered infringement fine if the fine defaulter refuses to enter into an undertaking of bail, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or\n\n(b) in respect of any registered court fine—\n\nS. 110(1)(b)(i) amended by No. 59/2017 s. 59(1)(a).\n\n(i) to be brought before the sentencing court that imposed the registered court fine on the person immediately after being arrested to be dealt with under Part 3B of the **Sentencing Act 1991**; or\n\nS. 110(1)(b)(ii) amended by No. 59/2017 ss 33(2), 59(1)(b).\n\n(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the **Bail Act 1977**; or\n\nS. 110(1)(c) inserted by No. 59/2017 s. 33(3).\n\n(c) in respect of any outstanding registered court fine under a registered collection and enforcement order—\n\nS. 110(1)(c)(i) amended by No. 59/2017 s. 59(1)(c).\n\n(i) to be brought before the sentencing court that imposed the relevant registered court fine on the person immediately after being arrested to be dealt with under Part 3B of the **Sentencing Act 1991**; or\n\nS. 110(1)(c)(ii) amended by No. 59/2017 s. 59(1)(d).\n\n(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the **Bail Act 1977**.\n\nS. 110(2) amended by No. 59/2017 s. 33(4).\n\n(2) If a fine defaulter in respect of a registered infringement fine or a registered collection and enforcement order, when arrested, is not dealt with under subsection (1)(a)(i) or (ii), (ab) or (c), the person to whom the enforcement warrant is directed must cause the fine defaulter—\n\nS. 110(2)(a) amended by Nos 59/2017 s. 59(2)(a), 17/2022 s. 16.\n\n(a) to be brought before the Magistrates' Court, County Court or Supreme Court (as appropriate) immediately after being arrested to be dealt with according to law; or\n\nS. 110(2)(b) amended by Nos 59/2017 s. 59(2)(b), 17/2022 s. 16.\n\n(b) if it is not practicable to bring the fine defaulter before the Magistrates' Court, County Court or Supreme Court (as appropriate) immediately after being arrested, to be dealt with in accordance with the **Bail Act 1977**.\n\n","sortOrder":161},{"sectionNumber":"111","sectionType":"section","heading":"Execution of enforcement warrant—contravention of community work permit","content":"\t111 Execution of enforcement warrant—contravention of community work permit\n\nA person to whom an enforcement warrant is directed must cause a fine defaulter who failed to report as required under section 152(b) when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)—\n\nS. 111(a) amended by No. 59/2017 ss 60(a), 83.\n\n(a) to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or\n\nS. 111(b) amended by No. 59/2017 s. 60(b).\n\n(b) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested—\n\nS. 111(b)(i) substituted by No. 59/2017 s. 60(c).\n\n(i) to be dealt with in accordance with the **Bail Act 1977**; or\n\n(ii) if the fine defaulter refuses to enter into an undertaking of bail, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14.\n\nS. 112 (Heading) substituted by No. 59/2017 s. 84.\n\nS. 112 amended by No. 29/2016 s. 32.\n\n","sortOrder":162},{"sectionNumber":"112","sectionType":"section","heading":"Execution of enforcement warrant against imprisoned person","content":"\t112 Execution of enforcement warrant against imprisoned person\n\nOn the imprisonment of a person for any reason, if there are any unsatisfied enforcement warrants outstanding against the imprisoned person, any person to whom such a warrant is directed is not required, in executing the enforcement warrant—\n\n(a) to serve any notice; or\n\n(b) to search for, or seize, any personal property of the imprisoned person.\n\nS. 113 amended by No. 59/2017 s. 61.\n\n","sortOrder":163},{"sectionNumber":"113","sectionType":"section","heading":"Bail Act 1977 applies to person arrested","content":"\t113 Bail Act 1977 applies to person arrested\n\nA person arrested pursuant to an enforcement warrant may be discharged from custody on bail under section 10 or 10A of the **Bail Act 1977**.\n\n","sortOrder":164},{"sectionNumber":"114","sectionType":"section","heading":"Prescribed form of enforcement warrant","content":"\t114 Prescribed form of enforcement warrant\n\nAn enforcement warrant must be in the prescribed form.\n\n","sortOrder":165},{"sectionNumber":"115","sectionType":"section","heading":"Persons to whom enforcement warrant may be directed","content":"\t115 Persons to whom enforcement warrant may be directed\n\n(1) An enforcement warrant, other than an enforcement warrant issued against a body corporate, may be directed to—\n\n(a) the sheriff; or\n\n(b) a named police officer; or\n\n(c) generally all police officers; or\n\n(d) the Commissioner within the meaning of the **Corrections Act 1986**; or\n\n(e) any other person authorised by law to execute an enforcement warrant.\n\n(2) An enforcement warrant issued against a body corporate must be directed to the sheriff.\n\n(3) An enforcement warrant directed to the sheriff may be issued, not in paper form, but by the registrar causing to be entered in the register kept for the purpose—\n\n(a) the type of enforcement warrant; and\n\n(b) the prescribed information; and\n\n(c) the date of issue of the enforcement warrant.\n\n(4) An enforcement warrant issued in accordance with subsection (3) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.\n\n(5) An enforcement warrant directed to the sheriff, if the sheriff so directs, may be executed by—\n\n(a) a named person who is a bailiff for the purposes of the **Supreme Court Act 1986**; or\n\n(b) generally all persons who are bailiffs for the purposes of the **Supreme Court Act 1986**; or\n\n(c) a named police officer; or\n\n(d) generally all police officers; or\n\n(e) in the case of an enforcement warrant issued against a natural person, generally all prison officers.\n\n(6) A direction may be given by the sheriff under subsection (5) by—\n\n(a) endorsing the execution copy of the enforcement warrant with the direction; or\n\n(b) issuing an enforcement warrant to the same effect as the original enforcement warrant but directed in accordance with that subsection.\n\n(7) An enforcement warrant endorsed or issued by the sheriff in accordance with subsection (6) directs and authorises the person to whom it is directed to do all things that the person would have been directed and authorised to do by the original enforcement warrant if it had been directed to that person.\n\n(8) An enforcement warrant directed to a named police officer may be executed by any police officer.\n\n(9) An enforcement warrant directed to a named bailiff may be executed by any bailiff.\n\n","sortOrder":166},{"sectionNumber":"116","sectionType":"section","heading":"Unexecuted enforcement warrants","content":"\t116 Unexecuted enforcement warrants\n\nA person authorised to execute an enforcement warrant issued against a fine defaulter who is a natural person that is directed to the sheriff may also execute against the same fine defaulter any unexecuted enforcement warrant that is not directed to the sheriff.\n\n","sortOrder":167},{"sectionNumber":"117","sectionType":"section","heading":"Consolidation of enforcement warrants in execution copy","content":"\t117 Consolidation of enforcement warrants in execution copy\n\nIf there are multiple enforcement warrants outstanding against a fine defaulter, those warrants may be consolidated by the sheriff into one execution copy, with the details of each enforcement warrant attached by, or included in, a schedule to the consolidated execution copy.\n\n","sortOrder":168},{"sectionNumber":"118","sectionType":"section","heading":"Notice of seizure of property","content":"\t118 Notice of seizure of property\n\n(1) A person who executes an enforcement warrant may serve on—\n\n(a) the fine defaulter against whom the enforcement warrant is issued and whose personal property is seized under the enforcement warrant; or\n\n(b) a person who is in possession of any personal property of the fine defaulter against whom the enforcement warrant is issued that is seized under the enforcement warrant—\n\na notice in the form prescribed by the rules of court under the **Magistrates' Court Act 1989** informing the person served with the notice—\n\n(c) that the fine defaulter, or person in possession of the personal property of the fine defaulter, is responsible for the safe-keeping of the personal property seized under the enforcement warrant that is described in the notice; and\n\n(d) informing the fine defaulter or other person of the provisions of subsection (2).\n\n(2) A person who knows that property has been seized under an enforcement warrant or is the subject of a notice served under subsection (1) must not, except with the written consent of the sheriff—\n\n(a) interfere with or dispose of that property; or\n\n(b) deface or remove any mark attached to that property indicating that it had been so seized; or\n\n(c) remove that property from the place at which it was situated when the notice was served.\n\n1. 25 penalty units or 6 months imprisonment or both.\n\n(3) Nothing in subsection (2) affects the powers of the Supreme Court, the County Court or the Magistrates' Court in relation to contempt.\n\n","sortOrder":169},{"sectionNumber":"119","sectionType":"section","heading":"Warning of execution of enforcement warrant—seven-day notice","content":"\t119 Warning of execution of enforcement warrant—seven-day notice\n\n(1) A person authorised to execute an enforcement warrant against a fine defaulter who is a natural person must not take any step to execute the enforcement warrant under this Part unless—\n\n(a) that person or another person has served on the fine defaulter in respect of whom the enforcement warrant has been issued a seven-day notice containing the prescribed details; and\n\nSee Division 2 of Part 15 for service requirements.\n\n(b) if the person authorised to execute an enforcement warrant is the sheriff, the sheriff has made a demand on the fine defaulter in respect of whom the enforcement warrant has been issued.\n\n(2) If a seven-day notice is served on a fine defaulter by a person other than the sheriff, a demand for payment is not to be made at the time of service of the seven-day notice.\n\nS. 119(3) amended by No. 29/2016 s. 33, substituted by No. 59/2017 s. 85.\n\n(3) A seven-day notice must include a warning that, on the expiry of 7 days or earlier if the person has waived the operation of the unexpired period of another seven-day notice under section 36 of the **Sheriff Act 2009**, the enforcement warrant may be executed and the fine defaulter arrested or the property of the fine defaulter seized unless the fine defaulter—\n\n(a) has paid the registered fine; or\n\nS. 119(3)(ab) inserted by No. 59/2017 s. 34.\n\n(ab) has paid the registered collection and enforcement order; or\n\nS. 119(3)(b) amended by No. 17/2022 s. 41(1).\n\n(b) has applied for an enforcement review which has not been determined; or\n\n(c) has made a payment arrangement; or\n\nS. 119(3)(d) amended by No. 17/2022 s. 41(2)(a).\n\n(d) is the subject of an application for a work and development permit which has not been determined; or\n\nS. 119(3)(e) inserted by No. 17/2022 s. 41(2)(b).\n\n(e) has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined.\n\n","sortOrder":170},{"sectionNumber":"120","sectionType":"section","heading":"What can be done during period of the seven-day notice?","content":"\t120 What can be done during period of the seven-day notice?\n\n(1) Subject to subsection (2), during a period of 7 days after service of a seven-day notice, a person authorised to execute an enforcement warrant—\n\n(a) may seize and take possession of the personal property of the fine defaulter in respect of whom the enforcement warrant was issued; and\n\n(b) must not remove that personal property from the residential or business property in which it is situated unless the person executing the enforcement warrant believes on reasonable grounds that it is necessary to do so to avoid it being disposed of or removed.\n\nS. 120(1A) inserted by No. 17/2022 s. 17.\n\n(1A) For the avoidance of doubt, section 14(1)(c) of the **Sheriff Act 2009** does not limit the power of a person authorised to execute an enforcement warrant under subsection (1) in accordance with that subsection.\n\n(2) A person must not seize and take possession of personal property under subsection (1) unless—\n\n(a) a demand has been made under section 119(1)(b); or\n\n(b) before the seizure and taking possession of personal property under subsection (1), a demand for payment of the registered fine is made.\n\n(3) A person who executes an enforcement warrant by removing property during the period referred to in subsection (1) must—\n\n(a) make a written statement specifying the reason for so doing; and\n\n(b) file a copy of the written statement with the Director and the registrar.\n\nIt is an offence to give false or misleading information in a statement required by or under this Act. See section 184.\n\n","sortOrder":171},{"sectionNumber":"121","sectionType":"section","heading":"Executing enforcement warrant after expiry of seven‑day notice","content":"\t121 Executing enforcement warrant after expiry of seven‑day notice\n\n(1) Seven days after the service of a seven-day notice, the sheriff—\n\n(a) must make a demand on the fine defaulter in respect of whom the enforcement warrant has been issued if a demand for payment of the amount outstanding has not previously been made; and\n\nS. 121(1)(b) amended by No. 59/2017 s. 35.\n\n(b) subject to subsection (2), may take any step in the execution of the enforcement warrant (including selling any personal property seized during that period) if the registered fine or any part of the registered fine or the registered collection and enforcement order or any part of the registered collection and enforcement order remains unpaid.\n\n(2) An enforcement warrant must not be executed against a fine defaulter if the fine defaulter—\n\n(a) has made the first payment under a payment arrangement; or\n\n(b) has not rejected a proposed payment arrangement under section 45(5); or\n\n(c) has applied for a payment arrangement which has not been determined; or\n\nS. 121(2)(d) amended by No. 29/2016 s. 34(1)(a).\n\n(d) has applied for an enforcement review which has not been determined; or\n\nS. 121(2)(e) inserted by No. 29/2016 s. 34(1)(b), substituted by No. 59/2017 s. 86.\n\n(e) is the subject of an application for a work and development permit which has not been determined; or\n\nS. 121(2)(ea) inserted by No. 17/2022 s. 42.\n\n(ea) has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined; or\n\nS. 121(2)(f) inserted by No. 29/2016 s. 34(1)(b).\n\n(f) has applied for an attachment of earnings direction which has not been determined; or\n\nS. 121(2)(g) inserted by No. 29/2016 s. 34(1)(b).\n\n(g) has applied for an attachment of debts direction which has not been determined.\n\nS. 121(3) substituted by No. 29/2016 s. 34(2).\n\n(3) If an application referred to in subsection (2)(c), (d), (e), (f) or (g) has been made by the fine defaulter, no step may be taken in the execution of an enforcement warrant until the application is determined.\n\nS. 122 (Heading) amended by No. 59/2017 s. 36(1).\n\n","sortOrder":172},{"sectionNumber":"122","sectionType":"section","heading":"Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order","content":"\t122 Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order\n\nS. 122(1) substituted by No. 59/2017 s. 36(2).\n\n(1) If, before the issue of an enforcement warrant, it appears to the registrar that part of the registered fine or registered collection and enforcement order has been paid, the amounts specified in the enforcement warrant must be reduced by the amount of the registered fine or registered collection and enforcement order paid.\n\n(2) Subsection (1) applies despite any provision (except section 26) of the **Imprisonment of Fraudulent Debtors Act 1958** to the contrary.\n\n(3) If after the issue but before the execution of an enforcement warrant, part of the amount specified in the enforcement warrant is paid or satisfied on personal property of the person named in the enforcement warrant, the person executing the enforcement warrant must—\n\n(a) amend the execution copy of the enforcement warrant; and\n\n(b) forward the amount paid or satisfied without delay to the Director and notify the registrar.\n\n","sortOrder":173},{"sectionNumber":"123","sectionType":"section","heading":"Rules etc. with respect to execution of enforcement warrant","content":"\t123 Rules etc. with respect to execution of enforcement warrant\n\n(1) Subject to this Act and the **Magistrates' Court Act 1989**—\n\n(a) the rules, practice and procedure which apply to or are adopted by the sheriff in the execution of a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding under the **Magistrates' Court Act 1989** for the payment of money apply (with any necessary modification) to the execution of an enforcement warrant in accordance with section 109(1)(b); and\n\n(b) subject to the power in the enforcement warrant referred to in section 109(2)(a), the interests of any persons in any property seized under an enforcement warrant must be dealt with in the same manner as they would be if the property had been seized under a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding for the payment of money under the **Magistrates' Court Act 1989**.\n\n(2) Despite anything to the contrary in section 42 of the **Supreme Court Act 1986**, the person executing in accordance with section 109(1)(b) any enforcement warrant in respect of which the period referred to in section 120(1) has expired may, with the signed written consent of the fine defaulter against whom the enforcement warrant is issued, seize or take in the execution of the warrant personal property—\n\n(a) that is used by that fine defaulter primarily as a means of transport; and\n\n(b) that could not, but for this subsection, be seized or taken because of section 42 of the **Supreme Court Act 1986**.\n\n(3) A consent given by a fine defaulter under subsection (2) is only effective if—\n\n(a) it is given after the delivery to the fine defaulter by a person authorised to execute the enforcement warrant of a written statement containing the prescribed details and setting out the effect of giving the consent; and\n\n(b) a copy of the signed written consent has been delivered to the person giving the consent.\n\n(4) If personal property referred to in subsection (2) is seized or taken in execution of any enforcement warrant in accordance with that subsection—\n\n(a) the proceeds of sale of the property must be applied towards the amounts specified in the enforcement warrant together with all lawful costs of execution; and\n\n(b) any amount remaining after those amounts and costs have been paid—\n\n(i) must be applied to satisfy any other unexecuted enforcement warrant issued against that fine defaulter irrespective of when it was issued; and\n\n(ii) any amount then remaining must be paid to the fine defaulter against whom the enforcement warrant was issued.\n\n","sortOrder":174},{"sectionNumber":"124","sectionType":"section","heading":"How long does an enforcement warrant remain in force?","content":"\t124 How long does an enforcement warrant remain in force?\n\nAn enforcement warrant remains in force until—\n\n(a) the amount outstanding under the enforcement warrant is paid in full; or\n\n(b) the enforcement warrant is cancelled under section 108; or\n\n(c) the enforcement warrant is executed.\n\n","sortOrder":175},{"sectionNumber":"125","sectionType":"section","heading":"Stay of enforcement warrant","content":"\t125 Stay of enforcement warrant\n\n(1) An enforcement warrant is stayed in the following circumstances—\n\n(a) a payment arrangement has been made;\n\n(b) an attachment of earnings direction has been made;\n\nS. 125(1)(c) amended by No. 29/2016 s. 35(a).\n\n(c) an attachment of debts direction has been made;\n\nS. 125(1)(d) inserted by No. 29/2016 s. 35(b).\n\n(d) a work and development permit has been approved.\n\nS. 125(2) substituted by No. 59/2017 s. 87.\n\n(2) An enforcement warrant stayed under subsection (1) remains enforceable until—\n\n(a) the Director applies for the enforcement warrant to be recalled and cancelled under section 108 following the satisfaction of the amount specified in the enforcement warrant on the—\n\n(i) compliance by the fine defaulter with a payment arrangement, an attachment of earnings direction or an attachment of debts direction; or\n\n(ii) completion by the fine defaulter of a work and development permit; or\n\n(b) the stay ceases following—\n\n(i) default by the fine defaulter under a payment arrangement, an attachment of earnings direction or an attachment of debts direction; or\n\n(ii) cancellation of a work and development permit to which the fine defaulter was subject.\n\n(3) If a stay on an enforcement warrant ceases under subsection (2)(b), on the cessation of the stay the enforcement warrant remains enforceable.\n\n","sortOrder":176},{"sectionNumber":"Part 11","sectionType":"part","heading":"Detention, immobilisation and sale of motor vehicles","content":"Part 11—Detention, immobilisation and sale of motor vehicles\n\n","sortOrder":177},{"sectionNumber":"126","sectionType":"section","heading":"Application of Part","content":"\t126 Application of Part\n\n(1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant.\n\n(2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act.\n\n","sortOrder":178},{"sectionNumber":"127","sectionType":"section","heading":"Detention or immobilisation of motor vehicles","content":"\t127 Detention or immobilisation of motor vehicles\n\n(1) If a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued or the sheriff or a police officer finds parked or left standing such a motor vehicle, the sheriff or police officer may—\n\n(a) detain or immobilise, whether by wheel clamps or any other means, that motor vehicle, whether attended or not; and\n\n(b) if necessary, remove that motor vehicle to a convenient place, including if appropriate a place of impoundment.\n\n(2) This section applies despite Part 10 and anything to the contrary in an enforcement warrant.\n\n","sortOrder":179},{"sectionNumber":"128","sectionType":"section","heading":"Powers to detain, immobilise and seize","content":"\t128 Powers to detain, immobilise and seize\n\n(1) In order to detain, immobilise or seize a motor vehicle under this Part, a police officer or the sheriff may do all or any of the following—\n\n(a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped;\n\n(b) break and enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle;\n\n(c) direct the driver, or any person in possession of the ignition or other keys to the motor vehicle, to give the keys to a police officer or the sheriff;\n\n(d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to detain, immobilise or seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means;\n\n(e) enter—\n\n(i) any place that is occupied by the registered operator of the motor vehicle against whom the enforcement warrant has been issued, whether or not with the consent of that person; or\n\n(ii) any place other than a place referred to in subparagraph (i) if the consent of the owner or occupier of that place is given to the police officer or the sheriff; or\n\n(iii) any place which is a public place.\n\n(2) Without limiting subsection (1), a police officer or the sheriff may do anything else reasonably necessary to detain, immobilise or seize a motor vehicle under this Part.\n\n","sortOrder":180},{"sectionNumber":"129","sectionType":"section","heading":"Powers to tow","content":"\t129 Powers to tow\n\nIf a motor vehicle is removed to a convenient place in accordance with this Part, it must be towed by a tow truck within the meaning of the **Accident** **Towing Services Act 2007** unless it is possible to move that vehicle by a police officer or the sheriff driving the vehicle or directing another person to drive the vehicle.\n\n","sortOrder":181},{"sectionNumber":"130","sectionType":"section","heading":"Notice to be provided on detention or immobilisation","content":"\t130 Notice to be provided on detention or immobilisation\n\n(1) If the sheriff or police officer detains or immobilises an unattended motor vehicle under this Part, the sheriff or a police officer (as the case requires) must attach to the windscreen of the motor vehicle a detention or immobilisation notice that states—\n\n(a) that the motor vehicle has been detained or immobilised because the registered operator of the motor vehicle is a person against whom an enforcement warrant has been issued; and\n\n(b) the contact details of the sheriff.\n\n(2) If the sheriff removes an unattended motor vehicle to a convenient place under this Part, the sheriff must—\n\n(a) report the removal to a police officer; and\n\n(b) provide the police officer with the registration details for that motor vehicle, whether those details are current or expired.\n\n","sortOrder":182},{"sectionNumber":"131","sectionType":"section","heading":"Recovery of motor vehicle by registered operator within prescribed period","content":"\t131 Recovery of motor vehicle by registered operator within prescribed period\n\n(1) The sheriff, or a police officer at the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period—\n\n(a) payment in full of—\n\n(i) the amount outstanding under the enforcement warrant; and\n\n(ii) any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part;\n\n(b) the registered operator—\n\n(i) makes a payment arrangement in respect of every enforcement warrant to which the immobilisation or detention applies; and\n\n(ii) has paid any deposit, number of instalments, equivalent lump sum payment or other like condition reasonably required for the lifting of the sanction;\n\n(c) an attachment of earnings direction or an attachment of debts direction is made in relation to the registered operator;\n\n(e) seizure of property under this Act sufficient to satisfy the amount outstanding under the enforcement warrant;\n\n(g) the enforcement warrant issued against the person has been recalled and cancelled;\n\n(h) the sheriff, in the sheriff's discretion, considers that it is otherwise appropriate to release the motor vehicle.\n\n(2) On the release of a motor vehicle under subsection (1), the registered operator against whom any enforcement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.\n\n","sortOrder":183},{"sectionNumber":"132","sectionType":"section","heading":"Vehicle seizure and sale","content":"\t132 Vehicle seizure and sale\n\n(1) After the prescribed period, if an amount remains outstanding under an enforcement warrant issued against the registered operator of a motor vehicle detained or immobilised under this Part, the sheriff may—\n\n(a) seize the motor vehicle or an item left in or on a motor vehicle; and\n\n(b) subject to subsections (2) and (3), sell that motor vehicle or item.\n\n(2) At least 14 days before exercising a power of sale under this section, the sheriff must serve a vehicle seizure and sale notice on the registered operator of the motor vehicle stating that—\n\n(a) the motor vehicle has been seized; and\n\n(b) the sheriff may sell or otherwise dispose of the motor vehicle and any item left in or on the motor vehicle unless payment in full of the amount outstanding under any enforcement warrant and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent.\n\n(3) At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State.\n\n","sortOrder":184},{"sectionNumber":"133","sectionType":"section","heading":"Recovery of motor vehicle or item by third party before sale","content":"\t133 Recovery of motor vehicle or item by third party before sale\n\n(1) At any time before a sale under section 132 occurs a person other than the registered operator of a motor vehicle against whom an enforcement warrant has been issued may recover a motor vehicle or an item detained, immobilised or seized under this Part if—\n\n(a) the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and\n\n(b) the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires).\n\n(2) The sheriff must release a motor vehicle or an item (as the case requires) to a person if satisfied as to the matters referred to in subsection (1).\n\n(3) On the release of a motor vehicle under this section, the registered operator against whom the enforcement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part.\n\n","sortOrder":185},{"sectionNumber":"134","sectionType":"section","heading":"Sheriff may return motor vehicle or items of low monetary value","content":"\t134 Sheriff may return motor vehicle or items of low monetary value\n\n(1) Despite section 132, the sheriff may return a vehicle detained, immobilised or seized under this Part to the registered operator, or any other person entitled, at the time of the detention, immobilisation or seizure, to possession of that vehicle, if in the opinion of the sheriff—\n\n(a) the costs of sale and the amount outstanding under the enforcement warrant are greater than the total monetary value of the vehicle; or\n\n(b) the vehicle is of negligible monetary value.\n\n(2) Despite section 132, the sheriff may return an item on or in any motor vehicle detained, immobilised or seized under this Part to the registered operator, or to any other person entitled, at the time of the detention, immobilisation or seizure, to possession of that item, if in the opinion of the sheriff—\n\n(a) the costs of sale and the amount outstanding under the enforcement warrant are greater than the total monetary value of the item; or\n\n(b) the item is of negligible monetary value.\n\n(3) The sheriff may exercise a power under this section in the sheriff's absolute discretion and at any time.\n\n","sortOrder":186},{"sectionNumber":"135","sectionType":"section","heading":"Application of proceeds of sale","content":"\t135 Application of proceeds of sale\n\n(1) If a motor vehicle or item is sold under section 132 the proceeds of sale are to be applied in the following order of priority—\n\n(a) to pay the costs of the sale;\n\n(b) to pay any costs of detention, immobilisation, seizure or impoundment under this Part;\n\n(c) to discharge any security interest over the motor vehicle;\n\n(d) to pay the amount outstanding under the enforcement warrant;\n\n(e) to pay any amount remaining to—\n\n(i) the registered operator; or\n\n(ii) if the registered operator is not entitled to the amount, any other person entitled, at the time the motor vehicle was detained or immobilised, to possession of the motor vehicle; or\n\n(iii) if the persons referred to in subparagraphs (i) or (ii) cannot be located after reasonable inquiries, deal with the balance in accordance with the **Unclaimed Money Act 2008**.\n\n(2) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Part.\n\n","sortOrder":187},{"sectionNumber":"136","sectionType":"section","heading":"Section 42 of the Supreme Court Act 1986 does not apply","content":"\t136 Section 42 of the Supreme Court Act 1986 does not apply\n\n(1) Despite anything to the contrary in section 42 of the **Supreme Court Act 1986**,  the sheriff or police officer may detain or immobilise a motor vehicle under this Part even if that motor vehicle—\n\n(a) is primarily used by that person as a means of transport; and\n\n(b) could not, but for this subsection, be detained or immobilised because of section 42 of the **Supreme Court Act 1986**.\n\n(2) Despite anything to the contrary in section 42 of the **Supreme Court Act 1986**, the sheriff may seize and sell a motor vehicle under this Part even if that motor vehicle—\n\n(a) is primarily used by that person as a means of transport; and\n\n(b) could not, but for this subsection, be seized and sold because of section 42 of the **Supreme Court Act 1986**.\n\n","sortOrder":188},{"sectionNumber":"137","sectionType":"section","heading":"Buyer acquires good title","content":"\t137 Buyer acquires good title\n\n(1) A person who buys a motor vehicle or an item under this Part acquires a good title to the vehicle or item if the person buys the vehicle or item—\n\n(a) in good faith; and\n\n(b) without notice of any defect or want of title.\n\n(2) The sheriff is not liable in respect of the sale of a motor vehicle or item under this Part unless it is proved that the sheriff had notice, or might by making reasonable inquiry have ascertained, that the vehicle or item was not the property of the registered operator against whom an enforcement warrant was issued.\n\n(3) Nothing in this section limits or affects any right or remedy the previous owner of the motor vehicle or item sold under this Part has or may bring otherwise than—\n\n(a) against the motor vehicle or item; or\n\n(b) against the sheriff in the exercise of a power of sale under this Part.\n\n","sortOrder":189},{"sectionNumber":"138","sectionType":"section","heading":"Offence to tamper with or remove means used to immobilise motor vehicle","content":"\t138 Offence to tamper with or remove means used to immobilise motor vehicle\n\nA person, other than a person authorised to do so in accordance with this Part, must not tamper with or remove the means by which a motor vehicle has been detained, immobilised or seized under this Part.\n\n","sortOrder":190},{"sectionNumber":"Part 12","sectionType":"part","heading":"Removal of number plates","content":"Part 12—Removal of number plates\n\n","sortOrder":191},{"sectionNumber":"139","sectionType":"section","heading":"Application of Part","content":"\t139 Application of Part\n\n(1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant.\n\n(2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act.\n\nS. 140 amended by No. 49/2019 s. 186(Sch. 4 item 20.8).\n\n","sortOrder":192},{"sectionNumber":"140","sectionType":"section","heading":"Power to remove number plates","content":"\t140 Power to remove number plates\n\nThe sheriff or a police officer may remove from that motor vehicle the number plates issued by the Transport Secretary if—\n\n(a) a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued; or\n\n(b) the sheriff or a police officer finds parked or left standing such a motor vehicle.\n\nS. 141 amended by No. 29/2016 s. 36 (ILA s. 39B(1)).\n\n","sortOrder":193},{"sectionNumber":"141","sectionType":"section","heading":"Notice to be provided on removal of number plates","content":"\t141 Notice to be provided on removal of number plates\n\n(1) If the sheriff or a police officer removes the number plates from a motor vehicle under section 140, the sheriff must—\n\n(a) attach to the windscreen of the motor vehicle a notice that states—\n\n(i) that the number plates have been removed because the registered operator of the motor vehicle is a person against whom one or more enforcement warrants have been issued; and\n\n(ii) the registration number of the motor vehicle; and\n\n(iii) the contact details of the sheriff; and\n\n(b) notify the Director of the removal.\n\nS. 141(2) inserted by No. 29/2016 s. 36.\n\n(2) A person must not remove, other than in accordance with this Part, a notice attached to a windscreen under subsection (1).\n\nS. 142 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 20.9).\n\nS. 142 amended by No. 59/2017 s. 88.\n\n","sortOrder":194},{"sectionNumber":"142","sectionType":"section","heading":"Director must notify Transport Secretary of removal of number plates","content":"\t142 Director must notify Transport Secretary of removal of number plates\n\nIf the Director is notified under section 141(1)(b) about the removal of the number plates of a motor vehicle, the Director—\n\nS. 142(a) amended by No. 49/2019 s. 186(Sch. 4 item 20.10).\n\n(a) must notify the Transport Secretary of the removal; and\n\nS.142(b) amended by No. 49/2019 s. 186(Sch. 4 item 20.11).\n\n(b) may direct the Transport Secretary to suspend the registration of the motor vehicle if this has not already been done.\n\nS. 143 (Heading) amended by No. 49/2019 s. 186(Sch. 4 item 20.12).\n\nS. 143 amended by No. 49/2019 s. 186(Sch. 4 item 20.13).\n\n","sortOrder":195},{"sectionNumber":"143","sectionType":"section","heading":"Transport Secretary must immediately suspend registration of motor vehicle","content":"\t143 Transport Secretary must immediately suspend registration of motor vehicle\n\nIf the Transport Secretary receives a direction under section 142(b), the Transport Secretary must immediately suspend the registration of the motor vehicle.\n\nSee section 9AA(1A) of the **Road Safety Act 1986**.\n\n","sortOrder":196},{"sectionNumber":"144","sectionType":"section","heading":"Number plates to be kept in safe custody","content":"\t144 Number plates to be kept in safe custody\n\n(1) The sheriff or the police officer must keep any number plates removed from a motor vehicle under section 140 in safe custody.\n\n(2) Despite anything to the contrary in the **Road Safety Act 1986**, it is not an offence against that Act to leave a vehicle whose registration has been suspended under section 143 standing on a highway.\n\nS. 145 (Heading) substituted by No. 59/2017 s. 89.\n\n","sortOrder":197},{"sectionNumber":"145","sectionType":"section","heading":"Return of number plates to registered operator in specified circumstances","content":"\t145 Return of number plates to registered operator in specified circumstances\n\nThe sheriff, or a police officer at the direction of the sheriff, must return to the registered operator of a motor vehicle number plates removed from that motor vehicle under section 140 if any of the following occurs—\n\n(a) payment in full of the amount outstanding under the enforcement warrant;\n\n(b) the registered operator—\n\n(i) makes a payment arrangement in respect of every enforcement warrant to which the removal of number plates applies; and\n\n(ii) has paid any deposit, number of instalments, equivalent lump sum payment or other like condition reasonably required for the lifting of the sanction;\n\n(c) an attachment of earnings direction or an attachment of debts direction is made in relation to the registered operator;\n\n(e) seizure of property under this Act sufficient to satisfy the amount outstanding under the enforcement warrant;\n\n(g) the enforcement warrant issued against the person has been recalled and cancelled;\n\n(h) the sheriff, in the sheriff's discretion, considers that it is otherwise appropriate to return the number plates.\n\n","sortOrder":198},{"sectionNumber":"146","sectionType":"section","heading":"Sheriff or police officer may reaffix number plates","content":"\t146 Sheriff or police officer may reaffix number plates\n\nThe sheriff or a police officer, at any time, may reaffix number plates removed from a vehicle under this Part if—\n\n(a) the sheriff or the police officer considers it appropriate to do so; or\n\n(b) it is necessary to do so for the purposes of other enforcement action under this Act.\n\n","sortOrder":199},{"sectionNumber":"147","sectionType":"section","heading":"Notification to Director of returned number plates","content":"\t147 Notification to Director of returned number plates\n\n(1) If the sheriff or a police officer returns removed number plates to the registered operator of a motor vehicle under section 145 or 146, the sheriff or police officer must notify the Director that the number plates have been returned.\n\nS. 147(2) amended by No. 49/2019 s. 186(Sch. 4 item 20.14).\n\n(2) If the Director is notified of the return of number plates under subsection (1), the Director must direct the Transport Secretary to cease the suspension of the registration of the motor vehicle.\n\nS. 147(3) amended by No. 49/2019 s. 186(Sch. 4 item 20.15).\n\n(3) If the Transport Secretary receives a direction under subsection (2), the Transport Secretary must cease the suspension of the registration of the motor vehicle.\n\n","sortOrder":200},{"sectionNumber":"148","sectionType":"section","heading":"Cessation of suspension of registration sanction under this Part does not affect any other suspension","content":"\t148 Cessation of suspension of registration sanction under this Part does not affect any other suspension\n\n(1) The cessation of the suspension of the registration of a motor vehicle under this Part does not affect any suspension of that registration under any other Part of this Act or under any other Act or law.\n\n(2) A period of suspension of a motor vehicle may be concurrent with any other period of suspension under the **Road Safety Act 1986**.\n\n","sortOrder":201},{"sectionNumber":"149","sectionType":"section","heading":"Avoidance of certain provisions in contracts of insurance","content":"\t149 Avoidance of certain provisions in contracts of insurance\n\n(1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of the suspension of the registration of a motor vehicle under this Act.\n\n(2) Subsection (1) applies to a contract of insurance whether entered into before, on or after the commencement of this Part.\n\n","sortOrder":202},{"sectionNumber":"Part 13","sectionType":"part","heading":"Infringement offender  community work permits","content":"Part 13—Infringement offender  community work permits\n\n","sortOrder":203},{"sectionNumber":"150","sectionType":"section","heading":"When a community work permit may be issued","content":"\t150 When a community work permit may be issued\n\n(1) This Part applies if an infringement offender is eligible to perform unpaid community work under a community work permit and consents to do so.\n\n(2) The sheriff must not issue a community work permit to an infringement offender if the total amount of the outstanding registered infringement fines under an enforcement warrant exceeds an amount equivalent to the value of 100 penalty units.\n\n(3) A community work permit must not be issued to an infringement offender unless the sheriff is satisfied that the infringement offender—\n\n(a) has the capacity to perform unpaid community work; and\n\n(b) is reasonably unlikely to contravene the conditions of a community work permit.\n\n(4) The sheriff in considering whether the sheriff is satisfied under subsection (3)(b) may take into consideration any contravention by the infringement offender of—\n\n(a) a community work permit issued to the infringement offender; or\n\n(b) any order imposed on the infringement offender under the **Sentencing Act 1991**.\n\n","sortOrder":204},{"sectionNumber":"151","sectionType":"section","heading":"Community work permit","content":"\t151 Community work permit\n\n(1) Subject to section 150, the sheriff, in accordance with the enforcement warrant and the regulations if any, may release an infringement offender on a community work permit issued by the sheriff if—\n\n(a) the sheriff arrests the infringement offender under an enforcement warrant; and\n\n(b) the infringement offender consents to perform unpaid community work in respect of registered infringement fines under an enforcement warrant.\n\n(2) A community work permit must specify—\n\n(a) the amount of the outstanding registered infringement fines in penalty units to which the community work permit applies; and\n\n(b) the number of hours an infringement offender is required to work under the community work permit in respect of each enforcement warrant to which the community work permit applies.\n\n","sortOrder":205},{"sectionNumber":"152","sectionType":"section","heading":"Conditions of community work permits","content":"\t152 Conditions of community work permits\n\nThe following conditions apply to a community work permit—\n\n(a) that the infringement offender does not commit, whether in or outside Victoria, an offence punishable on conviction by imprisonment;\n\n(b) that the infringement offender report to a specified community corrections centre—\n\n(i) within 2 clear working days after the issue of the community work permit; or\n\n(ii) if the Secretary has made a direction under section 153, within the period specified by the Secretary that is no more than 14 days after the issue of the community work permit;\n\n(c) that the infringement offender reports to, and receives visits from, a community corrections officer;\n\n(d) that the infringement offender notifies a community corrections officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change;\n\n(e) that the infringement offender does not leave Victoria except with the permission of a community corrections officer at the specified community corrections centre granted either generally or in relation to the particular case;\n\n(f) that the infringement offender obeys all lawful instructions and directions of a community corrections officer;\n\n(g) that the infringement offender perform unpaid community work as directed by the Secretary for the number of hours specified in the community work permit in accordance with section 156.\n\n","sortOrder":206},{"sectionNumber":"153","sectionType":"section","heading":"Direction of Secretary—reporting of infringement offender","content":"\t153 Direction of Secretary—reporting of infringement offender\n\n(1) The Secretary may direct that an infringement offender must report to the community corrections centre specified in the community work permit on a day that is no more than 14 days after the date the community work permit was issued to the infringement offender.\n\n(2) The infringement offender may apply to the Secretary for a direction under subsection (1) within 7 days after the community work permit was issued to the infringement offender.\n\n(3) An infringement offender who makes an application under subsection (2) is taken to have not contravened the condition under section 152(b)(i) of the community work permit issued to the infringement offender.\n\n","sortOrder":207},{"sectionNumber":"154","sectionType":"section","heading":"Cancellation of community work permit on failure to report","content":"\t154 Cancellation of community work permit on failure to report\n\n(1) A community work permit issued to an infringement offender is cancelled on the failure of the infringement offender to report as required under section 152(b) to the community corrections centre specified in the permit.\n\n(2) The Secretary must notify the Director if a community work permit is cancelled under subsection (1) within 5 days of that cancellation.\n\n(3) On being notified under subsection (2) the Director may apply under section 106(2)(c) to a registrar for an enforcement warrant against the infringement offender.\n\n","sortOrder":208},{"sectionNumber":"155","sectionType":"section","heading":"Cumulative periods of work under community work permits and orders under the Sentencing Act 1991","content":"\t155 Cumulative periods of work under community work permits and orders under the Sentencing Act 1991\n\n(1) If the sheriff issues an infringement offender with 2 or more community work permits in respect of 2 or more enforcement warrants, the periods of unpaid community work to be performed under those permits are cumulative.\n\n(2) If a fine conversion order or fine default unpaid community work order is in force in respect of an infringement offender, the hours of unpaid community work that the infringement offender is required to perform under a community work permit in force at the same time as the fine conversion order or fine default unpaid community work order must be performed cumulatively with the hours performed under the fine conversion order or fine default unpaid community work order.\n\nWork under a fine conversion order or a fine default unpaid community work order is to be performed cumulatively with work under other fine conversion orders or other fine default unpaid community work orders, but concurrently with work performed under any community correction order under the **Sentencing Act 1991**. See section 42 of the **Sentencing Act 1991**.\n\n(3) In this section—\n\n***fine conversion order*** has the same meaning as it has in the **Sentencing Act 1991**;\n\n***fine default unpaid community work order*** has the same meaning as it has in the **Sentencing Act 1991**.\n\n","sortOrder":209},{"sectionNumber":"156","sectionType":"section","heading":"Community work","content":"\t156 Community work\n\n(1) Subject to subsection (4), the number of hours for which an infringement offender may be required to perform unpaid community work under a community work permit is one hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit of the outstanding registered infringement fines expressed as an amount equivalent to penalty units in relation to the enforcement warrants to which the permit applies with a minimum of 8 hours and a maximum of 500 hours.\n\n(2) Subject to subsection (3), the total number of hours to be worked in any period of 7 days must not exceed 20.\n\n(3) An infringement offender may work up to 40 hours in a period of 7 days if the infringement offender—\n\n(a) requests to do so; and\n\n(b) signs a written consent to working the extra number of hours.\n\n(4) The number of hours of unpaid community work specified in a community work permit must be performed over a period not exceeding the period specified in column 2 of the table below opposite the corresponding number of hours specified in column 1 of that table.\n\n**TABLE**\n\n| Item | Column 1<br>Hours of unpaid community work | Column 2<br>Maximum period of order |\n| --- | --- | --- |\n| 1 | 376 to 500 | 24 months |\n| 2<br>3<br>4<br>5 | 251 to 375<br>126 to 250<br>51 to 125<br>50 or less | 18 months<br>12 months<br>6 months<br>3 months |\n\n","sortOrder":210},{"sectionNumber":"157","sectionType":"section","heading":"Secretary may direct infringement offender to report at another place","content":"\t157 Secretary may direct infringement offender to report at another place\n\n(1) If, because an infringement offender has changed the offender's place of residence or for any other reason, it is not convenient that the infringement offender report at a place or to a person specified in a community work permit, the Secretary may direct the infringement offender to report at another place or to another person.\n\n(2) An infringement offender must report as directed under subsection (1) as if that place or person had been specified in the community work permit.\n\n","sortOrder":211},{"sectionNumber":"158","sectionType":"section","heading":"Suspension of community work permit","content":"\t158 Suspension of community work permit\n\nThe Secretary may suspend for a period the operation of a community work permit or any condition of a community work permit if—\n\n(a) an infringement offender is ill; or\n\n(b) there are other exceptional circumstances.\n\n","sortOrder":212},{"sectionNumber":"159","sectionType":"section","heading":"Variation or cancellation of community work permit","content":"\t159 Variation or cancellation of community work permit\n\n(1) An application for variation or cancellation of a community work permit may be made to the Magistrates' Court at any time while the community work permit is in force by—\n\n(a) the infringement offender; or\n\n(b) a prescribed person or a member of a prescribed class of persons.\n\n(2) If an infringement offender makes an application under subsection (1), the infringement offender must give notice of the application to a prescribed person or a member of a prescribed class of persons.\n\n(3) If a prescribed person or a member of a prescribed class of persons makes an application under subsection (1), the applicant must give notice of the application to the infringement offender.\n\n(4) The Magistrates' Court may vary or cancel a community work permit on an application under subsection (1) if the Magistrates' Court is satisfied—\n\n(a) that the circumstances of the infringement offender have materially altered since the community work permit was issued and as a result the infringement offender would not be able to comply with a condition of the permit; or\n\n(b) that the circumstances of the infringement offender were wrongly stated or were not accurately presented to the sheriff before the community work permit was issued; or\n\n(c) that the infringement offender is no longer willing to comply with the community work permit.\n\n","sortOrder":213},{"sectionNumber":"160","sectionType":"section","heading":"Contravention of community work permit","content":"\t160 Contravention of community work permit\n\n(1) An infringement offender who is subject to a community work permit must not contravene a condition of that permit unless the infringement offender has a reasonable excuse.\n\nPenalty: 10 penalty units.\n\n(2) Subsection (1) does not apply to a condition of a community work permit under section 152(b).\n\n(3) An infringement offender referred to in subsection (1) may be proceeded against on a charge-sheet filed in the Magistrates' Court by a prescribed person or a member of a prescribed class of person.\n\n(4) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.\n\n(5) Despite anything to the contrary in the **Criminal Procedure Act 2009**—\n\n(a) on the filing of a charge-sheet referred to in subsection (3), an application under section 12 of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Magistrates' Court; and\n\n(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the infringement offender to attend at the Magistrates' Court to answer the charge; and\n\n(c) a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the infringement offender when arrested before the Magistrates' Court to be dealt with under Part 14.\n\n(6) On the hearing of a charge the Magistrates' Court, in addition to imposing a fine may—\n\n(a) vary the community work permit; or\n\n(b) confirm the community work permit; or\n\n(c) cancel the community work permit (if it is still in force) and, whether or not it is in force, subject to subsection (7), deal with the infringement offender in accordance with section 165.\n\n(7) In determining how to deal with an infringement offender following the cancellation by it of a community work permit, the Magistrates' Court must take into account the extent to which the infringement offender had complied with the community work permit before its cancellation.\n\n(8) A fine imposed under this section—\n\n(a) does not affect the continuance of the community work permit, if it is still in force; and\n\n(b) must be taken for all purposes to be a fine payable on a conviction for an offence.\n\n","sortOrder":214},{"sectionNumber":"161","sectionType":"section","heading":"Part payment of registered infringement fines to reduce community work","content":"\t161 Part payment of registered infringement fines to reduce community work\n\nAt any time while a community work permit is in force, if part of the registered infringement fines are paid in accordance with this Act by or on behalf of the infringement offender, the number of hours of work which the infringement offender is required to perform must be reduced by the number of hours bearing as nearly as possible the same proportion to the total number of hours specified in the community work permit as the amount paid bears to the penalty units to which the community work permit applies.\n\n","sortOrder":215},{"sectionNumber":"162","sectionType":"section","heading":"Hours worked reduces registered infringement fines","content":"\t162 Hours worked reduces registered infringement fines\n\nIf an infringement offender has completed a number of hours of work under a community work permit before it is contravened, the amount of the registered infringement fines in penalty units to which the community work permit applies must be reduced by a proportion that is as nearly as possible the same proportion as the number of hours worked bears to the total number of hours required to be worked under the community work permit.\n\nPt 14 (Heading) substituted by Nos 29/2016 s. 37, 59/2017 s. 37, amended by No. 17/2022 s. 43.\n\n","sortOrder":216},{"sectionNumber":"Part 14","sectionType":"part","heading":"Registered infringement fines, registered court fines, registered collection and enforcement orders, imprisonment and time served orders","content":"Part 14—Registered infringement fines, registered court fines, registered collection and enforcement orders, imprisonment and time served orders\n\nPt 14 Div. 1 (Heading) inserted by No. 29/2016 s. 37, amended by No. 59/2017 s. 38.\n\nDivision 1—Person in default and imprisonment\n\nS. 163 amended by No. 29/2016 s. 38, substituted by No. 59/2017 s. 39.\n\n","sortOrder":217},{"sectionNumber":"163","sectionType":"section","heading":"Definitions","content":"\t163 Definitions\n\nS. 163 def. of *appropriate action* inserted by No. 11/2021 s. 184, substituted by No. 17/2022 s. 44(b).\n\n***appropriate action***, by the Director, means—\n\n(a) an application to the relevant court under section 171A on behalf of a person to whom Division 1A applies; or\n\n(b) waiving an outstanding amount under a relevant infringement fine or relevant court fine under section 171AD;\n\n***person in default*** means a natural person—\n\n(a) who is an infringement offender that—\n\n(i) does not consent to a community work permit; or\n\n(ii) is not eligible, in accordance with section 150(3), to perform unpaid community work under a community work permit; or\n\n(iii) is not issued with a community work permit within 24 hours after being arrested; or\n\n(iv) is issued with a community work permit and—\n\n(A) fails to comply with the permit or a condition of the permit; or\n\n(B) fails to comply with any prescribed requirement; or\n\n(C) the permit is cancelled by the Magistrates' Court under section 159; or\n\n(v) is delivered to the officer in charge of a prison or police gaol; or\n\n(b) who is a fine defaulter against whom an enforcement warrant is executed and under that enforcement warrant there is a registered collection and enforcement order made in respect of a registered infringement fine;\n\nS. 163 def. of *relevant court* inserted by No. 17/2022 s. 44(a).\n\n***relevant court*** means (as the case requires)—\n\n(a) in respect of a relevant infringement fine, the Magistrates' Court; or\n\n(b) in respect of a relevant court fine imposed by the County Court, the County Court; or\n\n(c) in respect of a relevant court fine imposed by the Magistrates' Court, the Magistrates' Court;\n\nS. 163 def. of *relevant court fine* inserted by No. 17/2022 s. 44(a).\n\n***relevant court fine*** means—\n\n(a) a registered court fine other than a court fine referred to the Director under Part 3 imposed by the Supreme Court; or\n\n(b) a registered collection and enforcement order made in respect of an outstanding registered court fine other than an outstanding registered court fine imposed by the Supreme Court;\n\n***relevant infringement fine*** means—\n\n(a) a registered infringement fine; or\n\n(b) a registered collection and enforcement order made in respect of an outstanding registered infringement fine.\n\nS. 164 (Heading) amended by No. 59/2017 s. 40(1).\n\n","sortOrder":218},{"sectionNumber":"164","sectionType":"section","heading":"Person in default to be brought before the Magistrates' Court","content":"\t164 Person in default to be brought before the Magistrates' Court\n\nS. 164(1) amended by No. 59/2017 s. 40(2).\n\n(1) A person in default must be brought before the Magistrates' Court within 24 hours after being arrested.\n\nS. 164(2) amended by No. 59/2017 s. 40(3)(a).\n\n(2) If it is not practicable to bring a person in default before the Magistrates' Court within 24 hours after being arrested—\n\nS. 164(2)(a) amended by No. 59/2017 s. 40(3)(b).\n\n(a) a date for the person in default to attend before the Magistrates' Court must be fixed; and\n\nS. 164(2)(b) amended by No. 59/2017 s. 40(3)(c).\n\n(b) the person in default must be discharged from custody on bail under section 10 of the **Bail Act 1977**.\n\nS. 164(3) amended by No. 59/2017 s. 40(4).\n\n(3) A person in default arrested under an enforcement warrant may be discharged from custody on bail under section 10 of the **Bail Act 1977**.\n\nS. 164(4) substituted by No. 59/2017 s. 40(5).\n\n(4) This section ceases to apply if under the enforcement warrant there are no—\n\n(a) outstanding registered infringement fines; or\n\n(b) registered collection and enforcement orders made in respect of outstanding registered infringement fines.\n\nS. 165 substituted by No. 29/2016 s. 39.\n\n","sortOrder":219},{"sectionNumber":"165","sectionType":"section","heading":"Powers of the Magistrates' Court","content":"\t165 Powers of the Magistrates' Court\n\nS. 165(1) amended by No. 59/2017 s. 41(1).\n\n(1) If the Magistrates' Court is satisfied of a matter specified in subsection (2) on a person in default being brought before the Court in respect of any relevant infringement fine under an enforcement warrant, the Court may make an order—\n\nS. 165(1)(a) amended by No. 59/2017 s. 41(2)(a).\n\n(a) discharging in full any relevant infringement fine; or\n\nS. 165(1)(b) amended by No. 59/2017 s. 41(2)(b).\n\n(b) discharging in part any relevant infringement fine; or\n\nS. 165(1)(c) amended by No. 59/2017 s. 41(2)(c).\n\n(c) discharging in part any relevant infringement fine and order that the person in default be imprisoned for a term fixed in accordance with section 165B; or\n\n(d) that is a fine default unpaid community work order under Division 5 of Part 3B of the **Sentencing Act 1991**; or\n\n(e) adjourning the further hearing of the matter for a period of up to 6 months.\n\n(2) For the purposes of subsection (1), the specified matters are—\n\nS. 165(2)(a) amended by No. 59/2017 s. 41(3)(a).\n\n(a) that a person in default has a mental or intellectual impairment, disorder, disease or illness; or\n\nS. 165(2)(b) amended by No. 59/2017 s. 41(3)(b).\n\n(b) without limiting paragraph (a), that special circumstances apply to a person in default; or\n\nS. 165(2)(c) amended by No. 59/2017 ss 7(a), 41(3)(c).\n\n(c) that having regard to a person in default's situation, imprisonment would be excessive, disproportionate or unduly harsh; or\n\nS. 165(2)(d) inserted by No. 59/2017 s. 7(b).\n\n(d) that the person in default is a victim of family violence that substantially contributed to the person being unable to control the conduct which constituted the offending.\n\n(3) If the Magistrates' Court is not satisfied of a matter specified in subsection (2) the Court may make one or more of the following—\n\n(a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the **Sentencing Act 1991**;\n\n(b) a time to pay order;\n\n(c) an instalment order;\n\n(d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;\n\nS. 165(3)(e) amended by No. 59/2017 s. 41(4).\n\n(e) an order that the person in default be imprisoned for a term fixed in accordance with section 165B.\n\nS. 165(4) amended by No. 59/2017 s. 41(5).\n\n(4) The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) if the person in default satisfies the Court that the person in default—\n\nS. 165(4)(a) amended by No. 59/2017 s. 41(6).\n\n(a) did not have the capacity to pay the relevant infringement fine; or\n\n(b) had another reasonable excuse for the non‑payment.\n\n(5) The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.\n\nS. 165A inserted by No. 29/2016 s. 40.\n\n","sortOrder":220},{"sectionNumber":"165A","sectionType":"section","heading":"Additional powers of the Magistrates' Court","content":"\t165A Additional powers of the Magistrates' Court\n\nS. 165A(1) amended by No. 59/2017 s. 42(1).\n\n(1) If the Magistrates' Court makes an order under section 165(1)(b) discharging in part any relevant infringement fine, the Court, in respect of any undischarged relevant infringement fine, may make—\n\n(a) a time to pay order; or\n\n(b) an instalment order.\n\nS. 165A(2) amended by No. 59/2017 s. 42(2).\n\n(2) If the Magistrates' Court makes an order under section 165(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding relevant infringement fine—\n\n(a) a warrant to imprison may be issued under section 68 of the **Magistrates' Court Act 1989**; and\n\nS. 165A(2)(b) amended by No. 59/2017 s. 42(2).\n\n(b) the Court may make an instalment order in respect of the payment of any outstanding relevant infringement fine.\n\nA warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).\n\nS. 165A(3) substituted by No. 59/2017 s. 42(3).\n\n(3) If the Magistrates' Court makes an order under section 165(1)(b) or subsection (1) and the person in default contravenes the order by failing to pay the undischarged amount of the relevant infringement fine in accordance with the order, the Court may issue a warrant to arrest the person in default under section 61 of the **Magistrates' Court Act 1989**.\n\nS. 165A(4) amended by No. 59/2017 s. 42(4).\n\n(4) If a person in default is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—\n\n(a) confirm any order originally made under section 165(1)(b) or subsection (1); or\n\nS. 165A(4)(b) amended by No. 59/2017 s. 42(5).\n\n(b) cancel any order originally made under section 165(1)(b) or subsection (1) and deal with the person in default as if the person in default had just been brought before the Court under section 165.\n\nS. 165A(5) amended by No. 59/2017 s. 42(6).\n\n(5) The Magistrates' Court, in determining how to deal with a person in default under subsection (4), must take into account the extent to which the person in default has complied with an order made under section 165(1)(b) or subsection (1).\n\nS. 165B inserted by No. 29/2016 s. 40, amended by No. 59/2017 s. 43.\n\n","sortOrder":221},{"sectionNumber":"165B","sectionType":"section","heading":"Term of imprisonment","content":"\t165B Term of imprisonment\n\nThe term for which a person who is in default of payment of an amount of the relevant infringement fine may be imprisoned under section 165 is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.\n\n","sortOrder":222},{"sectionNumber":"166","sectionType":"section","heading":"Variation of instalment order","content":"\t166 Variation of instalment order\n\nS. 166(1) amended by Nos 29/2016 s. 41(1), 59/2017 s. 44(1).\n\n(1) A person in default may apply to the Magistrates' Court to vary an instalment order made under section 165A(2)(b).\n\nS. 166(2) amended by No. 59/2017 s. 44(2).\n\n(2) On the person in default applying under subsection (1), the Magistrates' Court may vary the instalment order if satisfied—\n\nS. 166(2)(a) amended by No. 59/2017 s. 44(2).\n\n(a) that the circumstances of the person in default have materially altered since the order was made and as a result the person in default is unable to comply with the order; or\n\nS. 166(2)(b) amended by No. 59/2017 s. 44(2).\n\n(b) that the circumstances of the person in default were wrongly stated or were not accurately presented to the Magistrates' Court.\n\n","sortOrder":223},{"sectionNumber":"167","sectionType":"section","heading":"Application for rehearing in certain circumstances","content":"\t167 Application for rehearing in certain circumstances\n\nS. 167(1) amended by Nos 29/2016 s. 41(2)(a), 59/2017 s. 45(1).\n\n(1) If the Magistrates' Court makes an order under section 165(3)(e), the person in default may apply for a rehearing of the matter.\n\n(2) An application under subsection (1) is to be in accordance with the rules of court (if any).\n\n(3) A rehearing may only be sought on the basis that—\n\n(a) at the time of the hearing—\n\nS. 167(3)(a)(i) amended by No. 59/2017 s. 45(2).\n\n(i) the person in default had a mental or intellectual impairment, disorder, disease or illness; or\n\nS. 167(3)(a)(ii) amended by No. 59/2017 s. 45(2).\n\n(ii) without limiting subparagraph (i), that special circumstances applied to the person in default—\n\nand this was not taken into account or was not before the Magistrates' Court at the time of the hearing under section 165; or\n\nS. 167(3)(b) amended by No. 59/2017 s. 45(2).\n\n(b) at the time of the hearing under section 165 evidence was not taken into account or before the Magistrates' Court so as to make the decision to imprison the person in default excessive, disproportionate and unduly harsh.\n\nS. 167(4) amended by No. 59/2017 s. 45(3).\n\n(4) If a person in default fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person in default may reapply under subsection (1) if the person in default obtains leave of the Magistrates' Court to reapply.\n\nS. 167(5) amended by No. 29/2016 s. 41(2)(b).\n\n(5) A warrant to imprison issued in accordance with section 165A(2)(a) that has not been executed in relation to a matter must be—\n\n(a) recalled and cancelled by a registrar of the Magistrates' Court—\n\n(ii) on the filing of an application under this section to obtain the leave of the Magistrates' Court; and\n\n(b) reissued on the striking out or refusal of a rehearing or leave by the Magistrates' Court.\n\n(6) The Magistrates' Court must*—*\n\nS. 167(6)(a) amended by No. 29/2016 s. 41(2)(c).\n\n(a)  stay an instalment order made under section 165A(2)(b)—\n\n(ii) on the filing of an application under this section to obtain the leave of the Magistrates' Court; and\n\n(b) lift the stay on the striking out or refusal of a rehearing by the Magistrates' Court.\n\n","sortOrder":224},{"sectionNumber":"168","sectionType":"section","heading":"Determination of rehearing","content":"\t168 Determination of rehearing\n\n(1) On rehearing a matter under section 167, if the Magistrates' Court is satisfied, on the balance of probabilities, that a ground referred to in section 167(3) has been established the Magistrates' Court may—\n\nS. 168(1)(a) amended by No. 29/2016 s. 41(3)(a).\n\n(a) cancel the order made under section 165(3)(e); and\n\nS. 168(1)(b) amended by No. 59/2017 s. 46(a).\n\n(b) exercise any power available to the Magistrates' Court under section 165 in respect of the person in default.\n\n(2) If the Magistrates' Court is not satisfied that a ground referred to in section 167(3) has been established, the Magistrates' Court—\n\nS. 168(2)(a) amended by Nos 29/2016 s. 41(3)(a), 59/2017 s. 46(b).\n\n(a) must confirm the order to imprison the person in default under section 165(3)(e); and\n\n(b) may—\n\nS. 168(2)(b)(i) amended by Nos 29/2016 s. 41(3)(b), 59/2017 s. 46(c).\n\n(i) issue a warrant to imprison the person in default under section 165A(2)(a) if the person in default is not in custody; and\n\nS. 168(2)(b)(ii) amended by Nos 29/2016 s. 41(3)(c), 59/2017 s. 46(c).\n\n(ii) lift a stay on an instalment order (if any) made in respect of the person in default under section 165A(2)(b).\n\n(3) Subject to section 167(4), the Magistrates' Court may only rehear a matter once.\n\n","sortOrder":225},{"sectionNumber":"169","sectionType":"section","heading":"Application for bail pending rehearing","content":"\t169 Application for bail pending rehearing\n\nS. 169(1) amended by Nos 29/2016 s. 41(4), 59/2017 s. 47(a).\n\n(1) A person in default serving an order of imprisonment under section 165(3)(e) who makes an application under section 167 may apply to the Magistrates' Court to be granted bail in accordance with the **Bail Act 1977**.\n\nS. 169(2) amended by No. 59/2017 s. 47(b).\n\n(2) On an application for bail under subsection (1), the Magistrates' Court may grant the person in default bail pending the rehearing of the matter.\n\nS. 170 amended by No. 29/2016 s. 41(4), substituted by No. 59/2017 s. 48.\n\n","sortOrder":226},{"sectionNumber":"170","sectionType":"section","heading":"Order to imprison person in default stayed","content":"\t170 Order to imprison person in default stayed\n\nIf a person in default who is in custody makes an application under section 167 and is granted bail, the order made under section 165(3)(e) to imprison the person in default is stayed until the rehearing is determined.\n\nS. 171 (Heading) amended by No. 59/2017 s. 49(1).\n\n","sortOrder":227},{"sectionNumber":"171","sectionType":"section","heading":"Reduction of imprisonment by payment of part of relevant infringement fine","content":"\t171 Reduction of imprisonment by payment of part of relevant infringement fine\n\nS. 171(1) amended by No. 59/2017 s. 49(2).\n\n(1) Despite any provision (except section 26) of the **Imprisonment of Fraudulent Debtors Act 1958** to the contrary or anything in any enforcement warrant, if a person in default is imprisoned under a warrant to imprison issued under section 68 of the **Magistrates' Court Act 1989**—\n\nS. 171(1)(a) amended by No. 59/2017 s. 49(3).\n\n(a) the whole or any part of any relevant infringement fine may be paid by or on behalf of the person in default to the officer in charge of the prison or police gaol in which the person in default is detained; and\n\n(b) the officer in charge must receive the payment and forward it without delay to the registrar.\n\nS. 171(2) amended by No. 59/2017 s. 49(4).\n\n(2) A person in default who is in custody in respect of any relevant infringement fine and for no other matter must be released from custody, if the officer in charge of the prison or the police gaol in which the person in default is imprisoned is paid—\n\nS. 171(2)(a) amended by No. 59/2017 s. 49(4)(c).\n\n(a) the whole amount of the relevant infringement fine; or\n\nS. 171(2)(b) amended by No. 59/2017 s. 49(4)(c).\n\n(b) the amount of the relevant infringement fine remaining to be paid.\n\nS. 171(3) amended by No. 59/2017 s. 49(5).\n\n(3) If part of the relevant infringement fine is paid to the officer in charge of the prison or police gaol by or on behalf of the person in default who is imprisoned—\n\n(a) the officer in charge must—\n\n(i) amend the execution copy of the warrant to imprison; and\n\n(ii) receive the payment and forward it without delay to a registrar; and\n\nS. 171(3)(b) amended by No. 59/2017 s. 49(5)(b).\n\n(b) at the end of the reduced term, the person in default who is imprisoned must be discharged if the person in default is in custody for no other matter.\n\nPt 14 Div. 1A (Heading) amended by No. 17/2022 s. 45.\n\nPt 14 Div. 1A (Heading and ss 171AA–171AE) inserted by No. 11/2021 s. 185.\n\n","sortOrder":228},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Request by person to Director for waiver or to make application to Court","content":"Division 1A—Request by person to Director for waiver or to make application to Court\n\nS. 171AA inserted by No. 11/2021 s. 185, substituted by No. 17/2022 s. 46.\n\n\t171AA Application of Division\n\nThis Division applies to a person—\n\n(a) who—\n\n(i) is in custody serving a term of imprisonment; or\n\n(ii) was in custody but is no longer in custody because any of the following has occurred—\n\n(A) the charges against the person have been withdrawn;\n\n(B) the person has been sentenced to a term of imprisonment but is not required to spend any additional time in custody as a result of that sentence because of the length of the sentence and the time the person has already spent in custody;\n\n(C) the charges against the person in respect of which the person was taken into custody have been heard and determined without the imposition of a term of imprisonment; and\n\n(b) who is the subject of—\n\n(i) a relevant infringement fine; or\n\n(ii) a relevant court fine.\n\nS. 171AB inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 47(1)(a)(2) (ILA s. 39B(1)).\n\n\t171AB Request to Director for waiver or to make application for time served order\n\n(1) A person to whom this Division applies may request in writing that the Director take appropriate action so that the person's relevant infringement fines or relevant court fines are (as appropriate)—\n\nS. 171AB(a) amended by No. 17/2022 s. 47(1)(b).\n\n(a) considered by the relevant court under Division 2; or\n\n(b) waived by the Director.\n\nS. 171AB(2) inserted by No. 17/2022 s. 47(2).\n\n(2) A request made under subsection (1) by a person specified in section 171AA(a)(i) must be made while the person is in custody.\n\nS. 171AB(3) inserted by No. 17/2022 s. 47(2).\n\n(3) A request made under subsection (1) by a person specified in section 171AA(a)(ii) must be made no later than 6 months after the person is released from custody.\n\nS. 171AC (Heading) amended by No. 17/2022 s. 48(1).\n\nS. 171AC inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 48(2)(4) (ILA s. 39B(1)).\n\n\t171AC Appropriate action—application to the relevant court by Director\n\n(1) Subject to section 171A(4) and (5), the Director must apply to the relevant court for an order in accordance with section 171A on behalf of a person who has made a request under section 171AB if any of the following applies to the person—\n\n(a) the person is only in custody because of a fine related sentence;\n\nS. 171AC(b) substituted by No. 17/2022 s. 48(3).\n\n(b) the outstanding amount under a relevant infringement fine of the person exceeds—\n\n(i) the term of imprisonment of the person in respect of a non-fine related sentence; and\n\n(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—\n\nwhere one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine;\n\nS. 171AC(c) inserted by No. 17/2022 s. 48(3).\n\n(c) the outstanding amount under a relevant court fine of the person exceeds—\n\n(i) the term of imprisonment of the person in respect of a non-fine related sentence; and\n\n(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—\n\nwhere one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant court fine;\n\nS. 171AC(d) inserted by No. 17/2022 s. 48(3).\n\n(d) the outstanding amount under a relevant infringement fine or relevant court fine exceeds the period of time the person spent in custody before the person was released where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine or relevant court fine.\n\nS. 171AC(2) inserted by No. 17/2022 s. 48(4).\n\n***relevant court fine*** does not include any additional fees and costs that have been added to the relevant court fine;\n\n***relevant infringement fine*** does not include any additional fees and costs that have been added to the relevant infringement fine.\n\nS. 171AD (Heading) amended by No. 17/2022 s. 49(1).\n\nS. 171AD inserted by No. 11/2021 s. 185.\n\n\t171AD Director must waive payment of relevant infringement fines or relevant court fines if section 171AC does not apply\n\nS. 171AD(1) amended by No. 17/2022 ss 18(1), 49(2).\n\n(1) Subject to subsections (2) and (3), the Director must waive any outstanding amount of a relevant infringement fine or relevant court fine of a person who has made a request under section 171AB unless the Director is required to make an application to the relevant court under section 171AC on behalf of that person.\n\nS. 171AD(2) amended by No. 17/2022 s. 49(3).\n\n(2) For the purposes of subsection (1), the outstanding amount of the relevant infringement fine or relevant court fine that may be waived by the Director must not exceed an amount that is equivalent to 24 months in custody where one penalty unit or part of a penalty unit is equivalent to one day in custody.\n\nS. 171AD(3) inserted by No. 17/2022 s. 18(2).\n\n(3) The Director must not waive any outstanding amount of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody.\n\nNote to s. 171AD inserted by No. 17/2022 s. 18(2), substituted by No. 17/2022 s. 49(4).\n\nThe waiver of an outstanding amount of a relevant infringement fine or relevant court fine of a person under this section includes the waiver of any fees and costs added to the relevant infringement fine or relevant court fine.\n\nS. 171AE inserted by No. 11/2021 s. 185, amended by No. 17/2022 s. 50.\n\n\t171AE Effect of waiving payment of outstanding amount of relevant infringement fine\n\nOn the Director waiving payment of an outstanding amount of the relevant infringement fine under section 171AD, the person who made a request under section 171AB is taken to have served a term of imprisonment in default of payment of the relevant infringement fine solely for the purposes of section 32(1A)(b) of the **Infringements Act 2006** despite the fact that the period spent in custody does not relate to the infringement offence that is the subject of the relevant infringement fine.\n\nPt 14 Div. 2 (Heading) amended by Nos 59/2017 s. 50, 17/2022 s. 51.\n\nPt 14 Div. 2 (Heading and ss 171A–171K) inserted by No. 29/2016 s. 42.\n\nDivision 2—Time served orders in respect of relevant infringement fines and relevant court fines\n\nS. 171AF inserted by No. 17/2022 s. 52.\n\n\t171AF Definitions\n\nIn this Division—\n\n***relevant court fine*** does not include any additional fees and costs that have been added to the relevant court fine;\n\n***relevant infringement fine*** does not include any additional fees and costs that have been added to the relevant infringement fine.\n\nS. 171A (Heading) amended by No. 17/2022 s. 53(1).\n\nS. 171A inserted by No. 29/2016 s. 42, amended by No. 59/2017 s. 51, substituted by No. 11/2021 s. 186.\n\n","sortOrder":229},{"sectionNumber":"171A","sectionType":"section","heading":"Application of the Director on behalf of person","content":"\t171A Application of the Director on behalf of person\n\nS. 171A(1) amended by No. 17/2022 s. 53(2).\n\n(1) Subject to subsections (4) and (5), the Director must apply to the relevant court on behalf of a person to whom section 171AC applies for an order for the person to serve a term of imprisonment in default of payment of the relevant infringement fine or relevant court fine in accordance with this section.\n\nS. 171A(2) amended by No. 17/2022 s. 53(3).\n\n(2) If section 171AC(1)(a) applies to a person, the Director must apply to the relevant court on behalf of the person for an order under section 171C.\n\nS. 171A(3) substituted by No. 17/2022 s. 53(4).\n\n(3) If section 171AC(1)(b) applies to a person, the Director must apply to the relevant court on behalf of the person for—\n\n(b) an order under section 171C in relation to the amount of the relevant infringement fine that will exceed—\n\n(i) the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(b); and\n\n(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).\n\nS. 171A(3A) inserted by No. 17/2022 s. 53(4).\n\n(3A) If section 171AC(1)(c) applies to a person, the Director must apply to the relevant court on behalf of the person for—\n\n(b) an order under section 171C in relation to the amount of the relevant court fine that will exceed—\n\n(i) the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(c); and\n\n(ii) any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).\n\nS. 171A(3B) inserted by No. 17/2022 s. 53(4).\n\n(3B) If section 171AC(1)(d) applies to a person, the Director must apply to the relevant court on behalf of the person for—\n\n(b) an order under section 171C in relation to the amount of the relevant infringement fine or relevant court fine that will exceed the period the person spent in custody.\n\nS. 171A(4) amended by No. 17/2022 s. 53(5).\n\n(4) Subject to subsection (4A), the Director must not make an application to the relevant court in accordance with this section on behalf of the person to whom section 171AC applies if the person is no longer in custody at the time the application is made.\n\nS. 171A(4A) inserted by No. 17/2022 s. 53(6).\n\n(4A) The Director may make an application to the relevant court in accordance with this section on behalf of a person who is no longer in custody if the person is no longer in custody because of a reason specified in section 171AA(a)(ii).\n\n(5) An application must not be made in respect of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody.\n\nS. 171B inserted by No. 29/2016 s. 42.\n\n","sortOrder":230},{"sectionNumber":"171B","sectionType":"section","heading":"Time served orders","content":"\t171B Time served orders\n\nS. 171B(1) amended by Nos 59/2017 s. 52(1), 11/2021 s. 187, substituted by No. 17/2022 s. 54(1).\n\n(1) The relevant court may order that the person who is the subject of an application under section 171A(3), (3A) or (3B) (as the case requires)—\n\n(a) serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine in default of payment of that relevant infringement fine; or\n\n(b) serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant court fine in default of payment of that relevant court fine; or\n\n(c) be held in custody for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine or relevant court fine in default of payment of that relevant infringement fine or relevant court fine.\n\nS. 171B(2) amended by Nos 11/2021 s. 187, 17/2022 s. 54(2).\n\n(2) If the relevant court makes a time served order, the court must take as time served the period before the Director applied under section 171A(3), (3A) or (3B) during which the person was in custody.\n\nS. 171B(3) amended by No. 17/2022 s. 54(3)(a).\n\n(3) The relevant court may make a time served order whether or not the person—\n\nS. 171B(3)(a) amended by No. 17/2022 s. 54(3)(b).\n\n(a) is brought before the court; or\n\nS. 171B(3)(b) amended by Nos 11/2021 s. 187, 17/2022 s. 54(3)(c).\n\n(b) has been released from custody.\n\nS. 171B(4) amended by Nos 59/2017 s. 52(2), 17/2022 s. 54(4).\n\n(4) If the relevant court makes a time served order for a part of the amount of the relevant infringement fine or relevant court fine, it may make an order under section 171C in respect of any remaining amount.\n\nS. 171B(5) amended by No. 17/2022 s. 54(5).\n\n(5) For the purposes of this section, the relevant court must have regard to any enforcement and payment report in respect of the person filed with the court by the Director.\n\nS. 171C (Heading) amended by Nos 59/2017 s. 53(1), 17/2022 s. 55(1).\n\nS. 171C inserted by No. 29/2016 s. 42.\n\n","sortOrder":231},{"sectionNumber":"171C","sectionType":"section","heading":"Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount","content":"\t171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount\n\nS. 171C(1) substituted by No. 11/2021 s. 188.\n\n(1) This section applies if—\n\n(a) the Director has made an application under section 171A(2) on behalf of a person and the person—\n\n(i) is only in custody because of a fine related sentence; or\n\n(ii) has completed the fine related sentence that the person was serving at the time the Director made the application; or\n\nS. 171C(1)(b) amended by No. 17/2022 s. 55(2)(a).\n\n(b) the relevant court has made a time served order in respect of a person and—\n\n(i) the term imposed under the time served order exceeds the term of the non-fine related sentence being served by the person; or\n\nS. 171C (1)(b)(ii) amended by No. 17/2022 s. 55(2)(b).\n\n(ii) the person has completed the non-fine related sentence and the term imposed under the time served order exceeds the term of the non‑fine related sentence; or\n\nS. 171C(1)(c) inserted by No. 17/2022 s. 55(2)(c).\n\n(c) the person has been released from custody and the term imposed under the time served order exceeds the time the person spent in custody.\n\nS. 171C(2) amended by No. 17/2022 s. 55(3).\n\n(2) If the relevant court is satisfied of a matter specified in subsection (3) in respect of the person, the court may make an order—\n\nS. 171C(2)(a) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).\n\n(a) discharging in full any—\n\n(i) relevant infringement fine; or\n\n(ii) relevant court fine; or\n\nS. 171C(2)(b) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).\n\n(b) discharging in part any—\n\n(i) relevant infringement fine; or\n\n(ii) relevant court fine; or\n\nS. 171C(2)(c) amended by No. 59/2017 s. 53(2), substituted by No. 17/2022 s. 55(4).\n\n(c) discharging in part any—\n\n(i) relevant infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or\n\n(ii) relevant court fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or\n\n(d) that is a fine default unpaid community work order under Division 5 of Part 3B of the **Sentencing Act 1991**; or\n\n(e) adjourning the further hearing of the matter for a period of up to 6 months.\n\n(3) For the purposes of subsection (2), the specified matters are—\n\n(a) that the person has a mental or intellectual impairment, disorder, disease or illness; or\n\n(b) without limiting paragraph (a), that special circumstances apply to the person; or\n\n(c) that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh.\n\nS. 171C(4) amended by No. 17/2022 s. 55(5).\n\n(4) If the relevant court is not satisfied of a matter specified in subsection (3), the court may make one or more of the following—\n\n(a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the **Sentencing Act 1991**;\n\n(b) a time to pay order;\n\n(c) an instalment order;\n\n(d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;\n\n(e) an order that the person be imprisoned for a term fixed in accordance with section 171E(1).\n\nS. 171C(5) amended by No. 17/2022 s. 55(6)(a)(b).\n\n(5) The relevant court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the court that the person—\n\nS. 171C(5)(a) amended by Nos 59/2017 s. 53(3), 17/2022 s. 55(6)(c).\n\n(a) did not have the capacity to pay the relevant infringement fine or relevant court fine; or\n\n(b) had another reasonable excuse for the non‑payment.\n\nS. 171C(6) amended by No. 17/2022 s. 55(7).\n\n(6) The relevant court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.\n\nS. 171C(7) amended by No. 17/2022 s. 55(8).\n\n(7) For the purposes of this section, the relevant court must have regard to any enforcement and payment report in respect of the person filed with the court by the Director.\n\nS. 171D (Heading) amended by No. 17/2022 s. 56(1).\n\nS. 171D inserted by No. 29/2016 s. 42.\n\n","sortOrder":232},{"sectionNumber":"171D","sectionType":"section","heading":"Additional powers of the relevant court","content":"\t171D Additional powers of the relevant court\n\nS. 171D(1) amended by Nos 59/2017 s. 54(a), 17/2022 s. 56(2).\n\n(1) If the relevant court makes an order under section 171C(2)(b) discharging in part any relevant infringement fine or relevant court fine, the court, in respect of any undischarged relevant infringement fine or relevant court fine, may make—\n\n(a) a time to pay order; or\n\n(b) an instalment order.\n\nS. 171D(2) amended by Nos 59/2017 s. 54(b), 17/2022 s. 56(3)(a)(b).\n\n(2) If the relevant court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any relevant infringement fine or relevant court fine—\n\nS. 171D(2)(a) amended by No. 17/2022 s. 56(3)(c).\n\n(a) a warrant to imprison may be issued under section 68 of the **Magistrates' Court Act 1989** or as otherwise authorised by law; and\n\nS. 171D(2)(b) amended by No. 59/2017 s. 54(b), substituted by No. 17/2022 s. 56(3)(d).\n\n(b) the court may make an instalment order in respect of the payment of any relevant infringement fine or relevant court fine.\n\nA warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).\n\nS. 171D(3) amended by Nos 59/2017 s. 54(c), 17/2022 s. 56(3).\n\n(3) If the relevant court makes an order under section 171C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the relevant infringement fine or relevant court fine in accordance with the order, the court may issue a warrant to arrest the person under section 61 of the **Magistrates' Court Act 1989** or as otherwise authorised by law.\n\nS. 171D(4) amended by No. 17/2022 s. 56(4).\n\n(4) If a person is brought before the relevant court on the execution of a warrant to arrest issued in accordance with subsection (3), the court may—\n\n(a) confirm any order originally made under section 171C(2)(b) or subsection (1); or\n\nS. 171D(4)(b) amended by No. 17/2022 s. 56(4)(b).\n\n(b) cancel any order originally made under section 171C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the court under section 171C(2).\n\nS. 171D(5) amended by No. 17/2022 s. 56(5).\n\n(5) The relevant court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 171C(2)(b) or subsection (1).\n\nS. 171D(6) amended by No. 17/2022 s. 56(6).\n\n(6) For the purposes of this section, the relevant court must have regard to any enforcement and payment report in respect of the person filed with the court by the Director.\n\nS. 171E inserted by No. 29/2016 s. 42.\n\n","sortOrder":233},{"sectionNumber":"171E","sectionType":"section","heading":"Term of imprisonment including whether cumulative or concurrent","content":"\t171E Term of imprisonment including whether cumulative or concurrent\n\nS. 171E(1) amended by Nos 59/2017 s. 55, 17/2022 s. 57.\n\n(1) The term for which a person who is in default of payment of an amount of the relevant infringement fine or relevant court fine (as appropriate) may be imprisoned under this Division is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.\n\n(2) A term of imprisonment imposed under a time served order must be served concurrently with the non-fine related sentence imposed on the person before that order is made.\n\n(3) A term of imprisonment imposed under section 171C(2)(c) or (4)(e) on a person must be served cumulatively on a fine related sentence or a non-fine related sentence that the person is serving.\n\nS. 171F inserted by No. 29/2016 s. 42.\n\n","sortOrder":234},{"sectionNumber":"171F","sectionType":"section","heading":"Contact details of person","content":"\t171F Contact details of person\n\nS. 171F(1) amended by Nos 11/2021 s. 189, 17/2022 s. 58(1)(a).\n\n(1) If a person is the subject of an application of the Director under section 171A(2), (3) or (3A) and is released from custody before the application is heard, the person must give the Director contact details for the person following release to enable the Director to notify the person of—\n\nS. 171F(1)(a) amended by No. 17/2022 s. 58(1)(b).\n\n(a) the relevant details of the application, including when and where it will be heard by the relevant court; and\n\nS. 171F(1)(b) amended by No. 17/2022 s. 58(1)(b).\n\n(b) if the person fails to appear before the relevant court, the outcome of the application.\n\nS. 171F(1A) inserted by No. 17/2022 s. 58(2).\n\n(1A) A person specified in section 171AA(a)(ii) who makes a request under section 171AB must give their contact details to the Director when they make their request to enable the Director to notify the person (if necessary) of—\n\n(a) the relevant details of the application, including when and where it will be heard by the relevant court; and\n\n(b) if the person fails to appear before the relevant court, the outcome of the application.\n\nS. 171F(2) amended by No. 17/2022 s. 58(3).\n\n(2) For the purposes of subsections (1) and (1A), any of the following may be given to the Director as contact details—\n\n(a) an email address;\n\n(b) a postal address;\n\n(c) a telephone number.\n\nS. 171G inserted by No. 29/2016 s. 42.\n\n","sortOrder":235},{"sectionNumber":"171G","sectionType":"section","heading":"Variation of instalment order","content":"\t171G Variation of instalment order\n\nS. 171G(1) amended by No. 17/2022 s. 59(a).\n\n(1) A person may apply to the relevant court to vary an instalment order made under section 171D(2)(b).\n\nS. 171G(2) amended by No. 17/2022 s. 59(a).\n\n(2) On an application under subsection (1), the relevant court may vary the instalment order if satisfied—\n\n(a) that the circumstances of the person have materially altered since the order was made and as a result the person is unable to comply with the order; or\n\nS. 171G(2)(b) amended by No. 17/2022 s. 59(b).\n\n(b) that the circumstances of the person were wrongly stated or were not accurately presented to the court.\n\nS. 171H inserted by No. 29/2016 s. 42.\n\n","sortOrder":236},{"sectionNumber":"171H","sectionType":"section","heading":"Application for rehearing in certain circumstances","content":"\t171H Application for rehearing in certain circumstances\n\nS. 171H(1) amended by No. 17/2022 s. 60(a).\n\n(1) If the relevant court makes an order under section 171C(4)(e), the person may apply for a rehearing of the matter.\n\n(2) An application under subsection (1) is to be in accordance with the rules of court (if any).\n\nS. 171H(3) amended by No. 17/2022 s. 60(a).\n\n(3) A rehearing may only be sought on the basis that—\n\n(a) at the time of the hearing—\n\n(i) the person had a mental or intellectual impairment, disorder, disease or illness; or\n\n(ii) without limiting subparagraph (i), that special circumstances applied to the person—\n\nand this was not taken into account or was not before the relevant court at the time of the hearing under section 171C; or\n\nS. 171H(3)(b) amended by No. 17/2022 s. 60(a).\n\n(b) at the time of the hearing under section 171C, evidence was not taken into account or before the relevant court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh.\n\nS. 171H(4) amended by No. 17/2022 s. 60(a).\n\n(4) If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the relevant court to reapply.\n\n(5) A warrant to imprison issued in accordance with section 171D(2)(a) that has not been executed in relation to a matter must be—\n\nS. 171H(5)(a) amended by No. 17/2022 s. 60(a).\n\n(a) recalled and cancelled by a registrar of the relevant court—\n\nS. 171H (5)(a)(ii) amended by No. 17/2022 s. 60(a).\n\n(ii) on the filing of an application under this section to obtain the leave of the relevant court; and\n\nS. 171H(5)(b) amended by No. 17/2022 s. 60(a).\n\n(b) reissued on the striking out or refusal of a rehearing or leave by the relevant court.\n\nS. 171H(6) amended by No. 17/2022 s. 60(a).\n\n(6) The relevant court must*—*\n\n(a)  stay an instalment order made under section 171D(2)(b)—\n\nS. 171H (6)(a)(ii) amended by No. 17/2022 s. 60(b).\n\n(ii) on the filing of an application under this section to obtain the leave of the court; and\n\nS. 171H(6)(b) amended by No. 17/2022 s. 60(b).\n\n(b) lift the stay on the striking out or refusal of a rehearing by the court.\n\nS. 171I inserted by No. 29/2016 s. 42.\n\n","sortOrder":237},{"sectionNumber":"171I","sectionType":"section","heading":"Determination of rehearing","content":"\t171I Determination of rehearing\n\nS. 171I(1) amended by No. 17/2022 s. 61(1).\n\n(1) On rehearing a matter under section 171H, if the relevant court is satisfied, on the balance of probabilities, that a ground referred to in section 171H(3) has been established, the court may—\n\n(a) cancel the order made under section 171C(4)(e); and\n\nS. 171I(1)(b) amended by No. 17/2022 s. 61(1)(b).\n\n(b) exercise any power available to the court under section 171C in respect of the person.\n\nS. 171I(2) amended by No. 17/2022 s. 61(2).\n\n(2) If the relevant court is not satisfied that a ground referred to in section 171H(3) has been established, the court—\n\n(a) must confirm the order to imprison the person under section 171C(4)(e); and\n\n(b) may—\n\n(i) issue a warrant to imprison the person under section 171D(2)(a) if the person is not in custody; and\n\n(ii) lift a stay on an instalment order (if any) made in respect of the person under section 171D(2)(b).\n\nS. 171I(3) amended by No. 17/2022 s. 61(3).\n\n(3) Subject to section 171H(4), the relevant court may only rehear a matter once.\n\nS. 171J inserted by No. 29/2016 s. 42.\n\n","sortOrder":238},{"sectionNumber":"171J","sectionType":"section","heading":"Application for bail pending rehearing","content":"\t171J Application for bail pending rehearing\n\nS. 171J(1) amended by No. 17/2022 s. 62.\n\n(1) A person serving an order of imprisonment under section 171C(4)(e) who makes an application under section 171H may apply to the relevant court to be granted bail in accordance with the **Bail Act 1977**.\n\nS. 171J(2) amended by No. 17/2022 s. 62.\n\n(2) On an application for bail under subsection (1), the relevant court may grant the person bail pending rehearing of the matter.\n\nS. 171K inserted by No. 29/2016 s. 42.\n\n","sortOrder":239},{"sectionNumber":"171K","sectionType":"section","heading":"Person in custody","content":"\t171K Person in custody\n\nIf a person who is in custody makes an application under section 171H and is granted bail, the order made under section 171C(4)(e) to imprison the person is stayed until the rehearing is determined.\n\nS. 171L inserted by No. 17/2022 s. 63.\n\n","sortOrder":240},{"sectionNumber":"171L","sectionType":"section","heading":"Waiver of additional fees and costs","content":"\t171L Waiver of additional fees and costs\n\n(1) If the relevant court makes an order under section 171B(1), 171C(2), 171C(4), 171D(1) or 171D(2)(b) and the order relates to an infringement fine or court fine to which additional fees and costs have been added, those additional fees and costs are waived.\n\n***additional fees and costs*** means any additional fees and costs that have been added to the infringement penalty or court fine under this Act or the **Infringements Act 2006**.\n\nPt 14 Div. 3 (Heading) inserted by No. 29/2016 s. 43.\n\nDivision 3—Enforcement and payment reports\n\n","sortOrder":241},{"sectionNumber":"172","sectionType":"section","heading":"Enforcement and payment report","content":"\t172 Enforcement and payment report\n\nS. 172(1) substituted by No. 29/2016 s. 44(1).\n\n(1) The Director must prepare an enforcement and payment report if—\n\nS. 172(1)(a) substituted by No. 59/2017 s. 56(1).\n\n(a) in accordance with section 15D a collection order is referred to a court on a person being in default; or\n\nS. 172(1)(b)(c) substituted by No. 59/2017 s. 56(1), repealed by No. 17/2022 s. 19.\n\nS. 172(1)(d) substituted by No. 59/2017 s. 56(1).\n\n(d) a person in default is granted bail on being arrested to be dealt with in accordance with Division 1 of this Part; or\n\nS. 172(1)(e) inserted by No. 59/2017 s. 56(1).\n\n(e) a fine defaulter is granted bail on being arrested to be dealt with in accordance with Part 3B of the **Sentencing Act 1991**; or\n\nSee section 69FA of the **Sentencing Act 1991** for the powers of the court after a fine defaulter who is the subject of registered court fines or registered collection and enforcement orders made in respect of registered court fines is arrested and brought before the court.\n\nS. 172(1)(f) inserted by No. 59/2017 s. 56(1), amended by Nos 11/2021 s. 190, 17/2022 s. 64.\n\n(f) a person is the subject of an application to the relevant court by the Director under section 171A(2), (3), (3A) or (3B).\n\nNote to s. 172(1) repealed by No. 29/2016 s. 44(1).\n\n(2) An enforcement and payment report must—\n\nS. 172(2)(a) amended by No. 29/2016 s. 44(2), substituted by No. 59/2017 s. 56(2).\n\n(a) establish the action undertaken by the Director or the sheriff against the infringement offender or the fine defaulter or the person (as the case requires) to satisfy—\n\n(i) any registered fine; or\n\n(ii) any collection order; or\n\n(iii) any registered collection and enforcement order; and\n\nS. 172(2)(b) amended by No. 29/2016 s. 44(2), substituted by No. 59/2017 s. 56(2).\n\n(b) establish any payment made by the infringement offender or the fine defaulter or the person (as the case requires) to satisfy—\n\n(i) any registered fine; or\n\n(ii) any collection order; or\n\n(iii) any registered collection and enforcement order.\n\n(3) The relevant court may adjourn a proceeding to enable an enforcement and payment report to be prepared.\n\n","sortOrder":242},{"sectionNumber":"173","sectionType":"section","heading":"Distribution of enforcement and payment report","content":"\t173 Distribution of enforcement and payment report\n\nThe Director must as soon as practicable file the enforcement and payment report and a copy of the report with the relevant court.\n\nPt 14A (Headings and ss 173A–173I) inserted by No. 59/2017 s. 62.\n\n","sortOrder":243},{"sectionNumber":"Part 14A","sectionType":"part","heading":"Administrative services agreements","content":"Part 14A—Administrative services agreements\n\nDivision 1—Definitions\n\nS. 173A inserted by No. 59/2017 s. 62.\n\n","sortOrder":244},{"sectionNumber":"173A","sectionType":"section","heading":"Definitions","content":"\t173A Definitions\n\n***administrative services agreement*** means an agreement entered into under section 173B(1);\n\n***contractor*** means a party to an administrative services agreement with the Ministers;\n\n***Ministers*** means the Attorney-General and the Minister administering Parts 2 and 3 of the **Victoria Police Act 2013**;\n\n***sub-contractor*** means a sub-contractor of a contractor or of a sub-contractor.\n\nDivision 2—Agreements\n\nS. 173B inserted by No. 59/2017 s. 62.\n\n","sortOrder":245},{"sectionNumber":"173B","sectionType":"section","heading":"Ministers may enter into administrative services agreements","content":"\t173B Ministers may enter into administrative services agreements\n\n(1) The Ministers, for and on behalf of the Crown, may enter into an agreement with a person or body for the provision by that person or body of services of an administrative nature in support of the functions of—\n\n(a) the Director; or\n\n(b) the sheriff; or\n\n(c) Victoria Police as carried on in the office known as the Traffic Camera Office; or\n\n(d) Victoria Police under Part 4 of the **Melbourne City Link Act 1995** that are of a similar nature to the functions of Victoria Police referred to in paragraph (c); or\n\nS. 173B(1)(e) amended by No. 8/2019 s. 108(1).\n\n(e) Victoria Police under Part 9 of the **EastLink Project Act 2004** that are of a similar nature to the functions of Victoria Police referred to in paragraph (c); or\n\nS. 173B(1)(f) inserted by No. 8/2019 s. 108(2), amended by No. 18/2020 s. 131(a).\n\n(f) Victoria Police under Part 3 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** that are of a similar nature to the functions of Victoria Police referred to in paragraph (c); or\n\nS. 173B(1)(g) inserted by No. 18/2020 s. 131(b).\n\n(g) Victoria Police under Part 4 of the **North East Link Act 2020** that are of a similar nature to the functions of Victoria Police referred to in paragraph (c).\n\n(2) Nothing in this section limits, or takes away from, any other power of the Ministers, whether under this or any other Act or otherwise, to enter into agreements for the provision of services of an administrative nature in support of any functions for which the Ministers are responsible.\n\nS. 173C inserted by No. 59/2017 s. 62.\n\n","sortOrder":246},{"sectionNumber":"173C","sectionType":"section","heading":"Subject matter of administrative services agreement","content":"\t173C Subject matter of administrative services agreement\n\nAn administrative services agreement—\n\n(a) must provide for the services to be provided by the contractor; and\n\n(b) must provide for the fees, costs and charges to be paid to the contractor; and\n\n(c) must provide for objectives and performance standards in relation to the contractor's operations under the administrative services agreement; and\n\n(d) must provide for standards of probity applicable to persons employed by, or engaged to provide services for, the contractor in connection with the contractor's operations under the administrative services agreement; and\n\n(e) must provide for compliance by the contractor with all relevant provisions of any Act, regulations or other instrument of a legislative character; and\n\n(f) must provide for rights of access in favour of the Crown to any premises occupied by the contractor or a sub‑contractor in connection with the contractor's operations under the administrative services agreement and to any document or equipment on those premises that is in the possession of the contractor or a sub-contractor and that relates to, or is used in connection with, the contractor's operations under the administrative services agreement; and\n\n(g) must provide for the submission to the Ministers of periodic reports, or the periodic carrying out of a performance audit, in relation to the contractor's operations under the administrative services agreement; and\n\n(h) must provide for the protection of information gained by the contractor in connection with the contractor's operations under the administrative services agreement and impose restrictions on access to the information and on its disclosure and use; and\n\n(i) must provide for the protection of any information management systems, information technology systems or other tools used by the contractor to provide services under the administrative services agreement; and\n\n(j) may provide for the extent of indemnities and warranties by parties to the administrative services agreement; and\n\n(k) may specify liabilities, risks and insurances; and\n\n(l) may provide for the provision by the contractor of a performance bond; and\n\n(m) must provide for the office the holder of which is to be the principal officer for the purposes of the application of the **Ombudsman Act 1973** to the contractor as a provider of services under the administrative services agreement; and\n\n(n) must provide for the Ministers, the Crown or any other person or body to take over, or nominate any other person or body to take over, in specified circumstances rights or obligations under the administrative services agreement or any other administrative services agreement or under any transaction; and\n\n(o) may contain any other provisions that are not inconsistent with this Act, the regulations, the **Infringements Act 2006** or any regulations under that Act.\n\nS. 173D inserted by No. 59/2017 s. 62.\n\n","sortOrder":247},{"sectionNumber":"173D","sectionType":"section","heading":"Rights of access","content":"\t173D Rights of access\n\n(1) For the purpose of ensuring compliance with this Part or the regulations or an administrative services agreement, a contractor or sub-contractor must give the Ministers, the Secretary and any person authorised by the Ministers or the Secretary free and unfettered access at all times, together with any assistants and equipment that the Ministers or the Secretary consider necessary—\n\n(a) to any premises occupied by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and\n\n(b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and\n\n(c) to all documents or equipment in the possession of the contractor or a sub‑contractor that relate to, or are used in connection with, the contractor's operations under the administrative services agreement.\n\n(2) For the purpose of enabling an administrator appointed under section 173E to carry out the administrator's functions and exercise the administrator's powers under that section, a contractor or sub-contractor must give the administrator free and unfettered access at all times, together with any assistants and equipment that the administrator considers necessary—\n\n(a) to any premises occupied by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and\n\n(b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and\n\n(c) to all documents or equipment in the possession of the contractor or a sub‑contractor that relate to, or are used in connection with, the contractor's operations under the administrative services agreement.\n\n(3) Nothing in this section limits, or takes away from, any function or power conferred on a person (including a person on whom a function or power is conferred by this section other than a contractor or sub-contractor), whether under this Act or any other Act or otherwise, including an administrative services agreement.\n\nS. 173E inserted by No. 59/2017 s. 62.\n\n","sortOrder":248},{"sectionNumber":"173E","sectionType":"section","heading":"Right of intervention in management","content":"\t173E Right of intervention in management\n\n(1) The Ministers may intervene in the management of the contractor's operations under an administrative services agreement if the Ministers determine that—\n\n(a) a default has occurred that entitles the Crown to terminate the administrative services agreement; or\n\n(b) an emergency situation exists that requires the intervention in the interests of public safety; or\n\n(c) the contractor's operations under the administrative services agreement are preventing or impairing the efficient—\n\n(i) detection of infringements; or\n\nS. 173E (1)(c)(ia) inserted by No. 17/2022 s. 20.\n\n(ia) processing of infringement notices; or\n\n(ii) referral of court fines or enforcement hearing orders; or\n\n(iii) registration of registered fines or collection and enforcement orders; or\n\n(iv) enforcement of penalties, registered fines, collection and enforcement orders or enforcement warrants; or\n\n(v) functioning of any court.\n\n(2) If the Ministers intervene in the management of the contractor's operations under an administrative services agreement, the Ministers may appoint an administrator to manage those operations until the Ministers determine that—\n\n(a) the emergency is over; or\n\n(b) the contractor is able to manage the contractor's operations under the administrative services agreement to the satisfaction of the Ministers.\n\n(3) If an administrator is appointed under subsection (2), for the period of that appointment—\n\n(a) the contractor or a sub-contractor must act in relation to the management of the contractor's operations under the administrative services agreement in accordance with the directions of the administrator; or\n\n(b) the contractor or a sub-contractor must, as directed by the administrator, cease to act in relation to the management of the contractor's operations under the administrative services agreement completely or to the extent specified in the direction.\n\n(4) A person engaged or employed by a contractor or sub-contractor to act in relation to the management of the contractor's operations under an administrative services agreement must comply with the directions of the administrator in doing so.\n\n(5) An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor in relation to the management of the contractor's operations under the administrative services agreement.\n\n(6) The Secretary must provide the administrator with any assistance necessary to the carrying out of the administrator's functions or exercise of the administrator's powers under this section.\n\n(7) Nothing in this section limits, or takes away from, any function or power conferred on a person (including a person on whom a function or power is conferred by this section other than a contractor or sub-contractor), whether under this Act or any other Act or otherwise, including an administrative services agreement.\n\nS. 173F inserted by No. 59/2017 s. 62.\n\n","sortOrder":249},{"sectionNumber":"173F","sectionType":"section","heading":"Audit rights","content":"\t173F Audit rights\n\n(1) The Ministers may appoint a person as an independent auditor to audit the documents of the contractor that relate to the contractor's operations under the administrative services agreement.\n\n(2) The Ministers may make an appointment under subsection (1) at any time during the term, or the 7 year period immediately following the expiration, of an administrative services agreement or any renewal of an administrative services agreement.\n\n(3) A contractor or sub-contractor must—\n\n(a) make all documents in its actual possession relating to the contractor's operations under the administrative services agreement available to an independent auditor appointed under subsection (1) at the time and place specified by that auditor; and\n\n(b) provide an independent auditor appointed under subsection (1) with any assistance necessary to enable the audit to be undertaken.\n\nS. 173G inserted by No. 59/2017 s. 62.\n\n","sortOrder":250},{"sectionNumber":"173G","sectionType":"section","heading":"Status of documents","content":"\t173G Status of documents\n\n(1) For the purposes of the **Freedom of Information Act 1982**, the Department of Justice and Regulation remains or is in the possession of the following documents and that Act applies to the same extent to which it would if the administrative services agreement had never been entered into—\n\n(a) any document in existence immediately before an administrative services agreement was entered into and handed over to the contractor in accordance with the administrative services agreement;\n\n(b) any document created or received by the contractor or a sub-contractor after an administrative services agreement was entered into as a result of the contractor's operations under the administrative services agreement.\n\n(2) All proprietary rights and interests in any document referred to in subsection (1) remain with, or on the creation or receipt of the document by the contractor or sub‑contractor become vested in, the Crown.\n\n(3) All documents referred to in subsection (1) are public records within the meaning of the **Public Records Act 1973**.\n\nS. 173H inserted by No. 59/2017 s. 62.\n\n","sortOrder":251},{"sectionNumber":"173H","sectionType":"section","heading":"Unauthorised access to or interference with data","content":"\t173H Unauthorised access to or interference with data\n\n(1) A person must not intentionally and without lawful authority—\n\n(a) obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an administrative services agreement or was gained in the course of those operations; or\n\n(b) alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or\n\n(c) interfere, or attempt to interfere, in any other way with a database containing any such data.\n\nPenalty: 100 penalty units.\n\n(2) The Secretary, in writing, may authorise a person engaged or employed by a contactor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1).\n\n(3) For the purposes of subsection (1), a person is taken as having lawful authority to do a thing referred to in that subsection if the person does that thing in the exercise of official powers or the discharge of official functions or duties—\n\n(a) in the case of a person engaged or employed by a contractor or sub‑contractor or any other person, the person is authorised to do that thing under subsection (2); and\n\n(b) in the case of a person who is—\n\n(i) the Director; or\n\n(ii) the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the **Supreme Court Act 1986**; or\n\n(iii) a police officer.\n\nS. 173I inserted by No. 59/2017 s. 62.\n\n","sortOrder":252},{"sectionNumber":"173I","sectionType":"section","heading":"Confidentiality","content":"\t173I Confidentiality\n\n(1) A person is bound by this section if the person is, or has at any time been—\n\n(a) a contractor; or\n\n(b) a sub-contractor; or\n\n(c) a person employed by, or engaged to provide services for, a contractor or sub-contractor; or\n\n(d) authorised by the Secretary under section 173H(2).\n\n(2) A person bound by this section must not directly or indirectly, except in the exercise of powers or performance of functions in connection with a contractor's operations under an administrative services agreement—\n\n(a) make a record of, or divulge to any person, any information acquired by reason of being a person referred to in subsection (1); or\n\n(b) make use of any such information for a purpose other than in the exercise of those powers or performance of those functions.\n\nPenalty: 100 penalty units.\n\n(3) Nothing in subsection (2) prevents a person bound by this section from—\n\n(a) producing a document to a court or a relevant body in the course of any criminal or civil proceeding; or\n\n(b) divulging to a court or a relevant body any information that has come to the notice of the person by reason of being a person referred to in subsection (1).\n\n(4) In this section—\n\n***produce*** includes permit access to;\n\n***relevant body*** includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\nPart 15—General\n\nDivision 1—Information collection\n\n\t174 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines\n\nS. 174(1) amended by No. 17/2022 s. 21(1).\n\n(1) For the purpose of enforcing any registered fine or registered collection and enforcement order against a person, the Director or the sheriff may request a specified agency to provide the Director or the sheriff with the required information in relation to the person.\n\n(2) A request made under subsection (1) must be in writing.\n\nS. 174(3) repealed by No. 17/2022 s. 21(2).\n\n(4) A request under subsection (1) must include only information that is sufficient to enable the specified agency to identify the person to whom the request relates.\n\n","sortOrder":253},{"sectionNumber":"175","sectionType":"section","heading":"Specified agency must comply unless certain cases apply","content":"\t175 Specified agency must comply unless certain cases apply\n\n(1) A specified agency must comply with a request under section 174(1) within 14 days after receiving the request unless—\n\n(a) the specified agency is a law enforcement agency; or\n\n(b) the public sector body Head (within the meaning of the **Public Administration Act 2004**)  of the  public sector body or chief executive officer of the Council, as the case requires, certifies in writing that exceptional circumstances apply that require the agency not to provide the Director or the sheriff, as the case requires, with the required information.\n\n(2) Despite subsection (1)(a), a law enforcement agency may comply with a request under section 174(1).\n\n(3) A certificate referred to in subsection (1)(b) must be given to the Director or the sheriff, as the case requires, within 14 days after receiving a request under section 174(1).\n\nS. 176 amended by No. 17/2022 s. 22.\n\n","sortOrder":254},{"sectionNumber":"176","sectionType":"section","heading":"Restriction on Director and sheriff in relation to use of required information","content":"\t176 Restriction on Director and sheriff in relation to use of required information\n\nThe Director or sheriff may use required information, or information referred to in section 177, provided to the Director or sheriff under this Division only for the purpose of enforcing a registered fine or registered collection and enforcement order against the person to whom the required information relates.\n\nS. 177 substituted by No. 17/2022 s. 23.\n\n","sortOrder":255},{"sectionNumber":"177","sectionType":"section","heading":"Access to and use of information held by credit reporting bodies","content":"\t177 Access to and use of information held by credit reporting bodies\n\n(1) On the written request of the Director or the sheriff, a credit reporting body is authorised to disclose to the Director or the sheriff the following information about a fine defaulter for the purposes of the Director or the sheriff taking enforcement action under this Act against the fine defaulter—\n\n(a) relevant information;\n\n(b) any telephone number or email address recorded in the name of the fine defaulter;\n\n(c) credit worthiness information in relation to a fine defaulter;\n\n(d) the name of any authorised deposit-taking institution in respect of which the fine defaulter is a customer and the details of any accounts held by the fine defaulter with that institution.\n\n***authorised deposit-taking institution*** has the same meaning as in the Banking Act 1959 of the Commonwealth;\n\n***credit worthiness*** has the same meaning as in the Privacy Act 1988 of the Commonwealth.\n\n","sortOrder":256},{"sectionNumber":"178","sectionType":"section","heading":"Certain agencies may give information for enforcement purposes","content":"\t178 Certain agencies may give information for enforcement purposes\n\nS. 178(1) amended by No. 17/2022 s. 24(1).\n\n(1) For the purpose of the enforcement of registered fines, registered collection and enforcement orders, directions and warrants under this Act, the Director, the sheriff and any contractor or sub‑contractor (the ***requestor***) supporting the functions of the Director or the sheriff may request information that may assist in carrying out that purpose from any person or body.\n\nS. 178(2) substituted by No. 17/2022 s. 24(2).\n\n(2) On the written request of the requestor, a specified enforcement information agency, or other person or body that receives a request under subsection (1), may give the requestor access to any information held by the agency, person or body that may be of use in the enforcement of registered fines, registered collection and enforcement orders, directions and warrants under this Act.\n\nS. 178(3) amended by No. 17/2022 s. 24(3).\n\n(3) A person who obtains access to any information as a result of a request made under this section may use the information to enforce registered fines, registered collection and enforcement orders, directions and warrants under this Act but is otherwise subject to all the requirements and restrictions concerning the handling, use and disclosure of the information that apply to the person who provided, or granted access to, the information in response to the request.\n\nS. 178(4) amended by No. 59/2017 s. 90.\n\n(4) In this section, ***specified enforcement information agency*** means a person or body—\n\nS. 178(4)(a) amended by No. 17/2022 s. 24(4).\n\n(a) that holds information that may be of use in the enforcement of registered fines, registered collection and enforcement orders, directions and warrants under this Act; and\n\n(b) that is prescribed by regulations made for the purposes of this section to be a specified enforcement information agency—\n\nbut does not include a relevant agency within the meaning of section 69 of the **Melbourne City Link Act 1995**.\n\nDivision 2—Service\n\n","sortOrder":257},{"sectionNumber":"179","sectionType":"section","heading":"Service of documents","content":"\t179 Service of documents\n\n(1) Subject to this Act, documents required or permitted by this Act to be given or served may be served—\n\n(a) personally; or\n\n(b) by post; or\n\n(c) by registered post; or\n\nS. 179(1)(ca) inserted by No. 17/2022 s. 65(1).\n\n(ca) by email or other electronic communication if a person to be given or served documents—\n\n(i) is of or above the age of 16 years; and\n\n(ii) has consented orally or in writing to receiving documents by email or other electronic communication; and\n\n(iii) has nominated an electronic address by which they can receive an email or other electronic communication; or\n\nS. 179(1)(cb) inserted by No. 17/2022 s. 65(1).\n\n(cb) by sending the document electronically to an address for the person to be served contained in a prescribed electronic address database; or\n\n(d) by any other prescribed manner.\n\nNote to s. 179(1) repealed by No. 17/2022 s. 65(2).\n\n(2) A document must be served personally if it is—\n\n(a) a seven-day notice; or\n\n(b) a summons for oral examination; or\n\nS. 179(2)(c) repealed by No. 59/2017 s. 66(1).\n\nS. 179(2)(d) repealed by No. 59/2017 s. 66(2).\n\n(e) a declared director notice.\n\nS. 179(2A) inserted by No. 17/2022 s. 65(3).\n\n(2A) Despite section 23(2), a notice of final demand may be served—\n\n(a) by email or other electronic communication if a person to be served the notice—\n\n(i) is of or above the age of 16 years; and\n\n(ii) has consented orally or in writing to receiving documents by email or other electronic communication; and\n\n(iii) has nominated an electronic address by which they can receive an email or other electronic communication; or\n\n(b) by sending the notice electronically to an address for the person to be served contained in a prescribed electronic address database.\n\n(3) An attachment of earnings direction must be served on an employer by post or registered post.\n\nS. 179(4) amended by No. 59/2017 s. 66(3).\n\n(4) An attachment of debts direction must be served on a garnishee by post, registered post or electronically.\n\n(5) If a document is served on a declared director, it must be addressed to the address lodged with the Australian Securities and Investments Commission as the registered office address of the body corporate in respect of which that person is a director.\n\nFor service on corporations generally, see section 109X of the Corporations Act.\n\n(6) Subject to any evidence to the contrary and despite anything to the contrary in the **Interpretation of Legislation Act 1984**, any document that is served by post in accordance with this section is taken to be served 7 days after the date specified in the document as the date of that document.\n\nS. 179(7) inserted by No. 17/2022 s. 65(4).\n\n(7) Subject to subsection (8), an email or other form of electronic communication is taken to have been received at the time the email or other form of electronic communication is sent.\n\nS. 179(8) inserted by No. 17/2022 s. 65(4).\n\n(8) If an email or other form of electronic communication is sent after 4.00 p.m. on any day, it is taken to have been received on the next business day.\n\n","sortOrder":258},{"sectionNumber":"180","sectionType":"section","heading":"Substituted service","content":"\t180 Substituted service\n\n(1) If for any reason it is impracticable to serve a document in the manner required by section 179, a magistrate may order that steps be taken as specified in the order for the purposes of bringing the document to the notice of the person to be served.\n\n(2) If a magistrate makes an order under subsection (1), the magistrate may order that the document be taken to have been served—\n\n(a) on the happening of any specified event; or\n\n(b) on the expiry of any specified time.\n\n(3) A magistrate may make an order under subsection (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the proceeding commenced.\n\nS. 181 substituted by No. 59/2017 s. 67.\n\n","sortOrder":259},{"sectionNumber":"181","sectionType":"section","heading":"Service deemed despite document being returned to sender","content":"\t181 Service deemed despite document being returned to sender\n\nDespite anything to the contrary in section 179(6), a document served on a person by post and returned undelivered to its sender is taken to be served 7 days after the date specified in the document as the date of that document, despite it being returned to the sender undelivered if the document was posted to—\n\n(a) an authorised address; or\n\n(b) an address given by the person in the 12 months preceding the date specified in the document in respect of a fines application; or\n\n(c) an address given to a court on the referral of a court fine for collection and management by the Director under Division 2 of Part 3; or\n\n(d) an address given to a court on the referral of an enforcement hearing order for collection by the Director under Division 2A of Part 3.\n\nDivision 3—Other matters\n\n","sortOrder":260},{"sectionNumber":"182","sectionType":"section","heading":"Police may assist sheriff","content":"\t182 Police may assist sheriff\n\nA police officer, at the request of the sheriff, may assist the sheriff in the execution of the sheriff's functions or duties under this Act.\n\n","sortOrder":261},{"sectionNumber":"183","sectionType":"section","heading":"Police may exercise certain powers of the sheriff","content":"\t183 Police may exercise certain powers of the sheriff\n\n(1) The sheriff, with the approval of the Chief Commissioner of Police, by instrument may authorise a police officer or a class of police officer to exercise in accordance with the regulations (if any) all or any of the powers, functions or duties of the sheriff under this Act.\n\n(2) Without limiting subsection (1), a police officer authorised under subsection (1) may serve, in accordance with Part 10, a seven-day notice on a person against whom an enforcement warrant has been issued.\n\n(3) An authority given under subsection (1) may be subject to any conditions and limitations which are specified in the authority.\n\nS. 184 amended by No. 53/2021 s. 41.\n\n","sortOrder":262},{"sectionNumber":"184","sectionType":"section","heading":"Offence to give false information","content":"\t184 Offence to give false information\n\nA person must not intentionally provide false or misleading information in any written statement required by or under this Act or under Part 8B of the **Public Health and Wellbeing Act 2008**.\n\nPenalty: 10 penalty units.\n\nS. 184A inserted by No. 17/2022 s. 25.\n\n","sortOrder":263},{"sectionNumber":"184A","sectionType":"section","heading":"Minor defects or errors in a notice","content":"\t184A Minor defects or errors in a notice\n\nA notice issued or served under this Act is not void only because of a minor defect or error in it.\n\nDivision 4—Regulations\n\n","sortOrder":264},{"sectionNumber":"185","sectionType":"section","heading":"Regulations","content":"\t185 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing non-registrable infringement offences or classes of non-registrable infringement offences; and\n\nS. 185(1)(ab) inserted by No. 29/2016 s. 45.\n\n(ab) the reporting obligations of accredited agencies and accredited health practitioners supervising work and development permits; and\n\nS. 185(1)(ac) inserted by No. 29/2016 s. 45.\n\n(ac) the issuing of agency accreditation and health practitioner accreditation for the purposes of work and development permits; and\n\nS. 185(1)(ad) inserted by No. 29/2016 s. 45.\n\n(ad) requirements for record-keeping in relation to work and development permits; and\n\n(b) prescribing for the purposes of Part 7 the type of information that can be sought and the circumstances in which, and the persons from whom, information can be sought; and\n\n(c) prescribing persons or classes of persons for the purposes of making applications for attachment of earnings directions or attachment of debt directions; and\n\n(d) prescribing the practice and procedure in relation to applications for attachment of earnings directions and attachment of debts directions, including variation, discharge or suspension of those directions; and\n\n(e) prescribing the protected level of income for the purposes of an attachment of earnings direction; and\n\nS. 185(1)(ea) inserted by No. 17/2022 s. 26(a).\n\n(ea) prescribing the land charge threshold for the purposes of Part 9; and\n\n(f) the fees, costs and charges payable in respect of the execution by the sheriff of any enforcement warrant; and\n\n(g) the fees, costs and charges payable in respect of the exercise by the Director of any power or function of the Director under this Act; and\n\n(h) other fees, costs and charges under this Act; and\n\n(i) without limiting any power to make regulations conferred by any other paragraph, the fees, costs and charges payable in respect of—\n\n(i) the issue or execution of an enforcement warrant; or\n\n(ii) the amendment, alteration or variation of an enforcement warrant; or\n\n(iii) the supply of a duplicate copy of an enforcement warrant; and\n\n(j) prescribing conditions for grants of community work permits, the release of persons on community work permits and procedures for the purposes of Part 13, including, but not limited to the following—\n\n(i) the commencement of community work permits;\n\n(ii) the matters to be specified in community work permits;\n\n(iii) the supply of copies of community work permits to specified persons;\n\n(iv) the obligations of persons subject to community work permits;\n\n(v) the payment of fines by or on behalf of a person required to perform unpaid community work under a community work permit; and\n\nS. 185(1)(ja) inserted by No. 17/2022 s. 26(b).\n\n(ja) requirements for record-keeping in relation to community work permits; and\n\nS. 185(1)(jb) inserted by No. 17/2022 s. 26(b).\n\n(jb) prescribing an alternative method to give or serve documents required to be given or served under this Act; and\n\n(k) prescribing for the purposes of section 183, the exercise of powers, functions and duties; and\n\n(l) generally any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to value or time;\n\n(e) the manner of payment of fees;\n\n(f) the time or times at which fees are to be paid.\n\n(3) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) confer a discretionary authority or impose a duty on—\n\n(i) a specified person or body; or\n\n(ii) a specified class of person or body;\n\n(d) provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to such an extent as is specified.\n\n(4) Without limiting subsection (3) or the powers of the Director under section 9, if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, cost or charge pursuant to subsection (3), the reduction, waiver or refund—\n\n(a) may be expressed to apply either generally or specifically—\n\n(i) in respect of certain matters or classes of matters;\n\n(ii) in respect of certain persons or classes of persons;\n\n(iii) in respect of a specified class of infringement offence, including offences committed before or after the commencement of the regulations providing for the reduction, waiver or refund, in whole or in part, of the fees, costs and charges;\n\n(iv) in respect of a specified enforcement agency or class of enforcement agency;\n\n(v) for a specified period or periods or from a specified commencement date to a specified expiry date;\n\n(vi) in respect of any combination of the matters referred to in subparagraphs (i) to (v);\n\n(b) may be subject to specified conditions.\n\nPt 15A (Headings and ss 185A–185D) inserted by No. 11/2020 s. 37, amended by No. 27/2020 s. 33, repealed by No. 47/2014 s. 185D (as amended by No. 27/2020 s. 33).\n\n","sortOrder":265},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional provisions","content":"Part 16—Transitional provisions\n\n","sortOrder":266},{"sectionNumber":"186","sectionType":"section","heading":"General transitional provision","content":"\t186 General transitional provision\n\n(1) This Part does not affect or take away from the operation of the **Interpretation of Legislation Act 1984**.\n\n(2) Except as specifically provided, this Part does not affect or take away from any other transitional provision.\n\nS. 186A inserted by No. 29/2016 s. 46.\n\n","sortOrder":267},{"sectionNumber":"186A","sectionType":"section","heading":"Work and development permits applied for or approved under Infringements Act 2006","content":"\t186A Work and development permits applied for or approved under Infringements Act 2006\n\n(1) A work and development permit approved by the Secretary under section 27C of the **Infringements Act 2006**, on and from the repeal of that section, is taken to be a work and development permit approved by the Director under section 10C and has effect accordingly.\n\n(2) An application made to the Secretary for a work and development permit under section 27B of the **Infringements Act 2006** that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director for a work and development permit under section 10B.\n\nS. 186B inserted by No. 29/2016 s. 46.\n\n","sortOrder":268},{"sectionNumber":"186B","sectionType":"section","heading":"Variation or cancellation of work and development permit under Infringements Act 2006","content":"\t186B Variation or cancellation of work and development permit under Infringements Act 2006\n\n(1) A work and development permit that has been varied or cancelled by the Secretary under section 27E of the **Infringements Act 2006**, on and from the repeal of that section, is taken to be a work and development permit varied or cancelled by the Director under section 10E and has effect accordingly.\n\n(2) A request made to the Secretary under section 27E(1)(a) of the **Infringements Act 2006** for a work and development permit to be varied or cancelled that is pending before the repeal of that section, on the repeal of that section, is taken to be a request to the Director for a work and development permit to be varied or cancelled under section 10E(1)(a).\n\nS. 186C inserted by No. 29/2016 s. 46.\n\n","sortOrder":269},{"sectionNumber":"186C","sectionType":"section","heading":"Accredited agencies and accredited health practitioners accredited under Infringements Act 2006","content":"\t186C Accredited agencies and accredited health practitioners accredited under Infringements Act 2006\n\n(1) An organisation accredited under section 27G of the **Infringements Act 2006**, on and from the repeal of that section—\n\n(a) is taken to be accredited under section 10G; and\n\n(b) is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions—\n\n(i) were imposed on an accreditation issued under section 10G; or\n\n(ii) were prescribed under this Act.\n\n(2) A health practitioner accredited under section 27H of the **Infringements Act 2006**, on and from the repeal of that section—\n\n(a) is taken to be accredited under section 10H; and\n\n(b) is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions—\n\n(i) were imposed on an accreditation issued under section 10H; or\n\n(ii) were prescribed under this Act.\n\n(3) An application made to the Secretary by an organisation to become an accredited agency under section 27G of the **Infringements Act 2006** that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited agency under section 10G and is to be considered by the Director accordingly.\n\n(4) An application made to the Secretary by a health practitioner to become an accredited health practitioner under section 27H of the **Infringements Act 2006** that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited health practitioner under section 10H and is to be considered by the Director accordingly.\n\nS. 186D inserted by No. 29/2016 s. 46.\n\n","sortOrder":270},{"sectionNumber":"186D","sectionType":"section","heading":"Record-keeping under Infringements Act 2006","content":"\t186D Record-keeping under Infringements Act 2006\n\nA request made by the Secretary to an accredited agency or accredited health practitioner under section 27J(2) of the **Infringements Act 2006** that has not been complied with before the repeal of that section, on the repeal of that section, is taken to be a request made by the Director under section 10J(2) and must be complied with accordingly.\n\nS. 186E inserted by No. 29/2016 s. 46.\n\n","sortOrder":271},{"sectionNumber":"186E","sectionType":"section","heading":"Work and development permit guidelines","content":"\t186E Work and development permit guidelines\n\nAny guidelines made by the Attorney‑General under section 27L of the **Infringements Act 2006**, on and from the repeal of that section, are taken to be guidelines made by the Attorney-General under section 10L.\n\nS. 187 amended by No. 29/2016 s. 47.\n\n","sortOrder":272},{"sectionNumber":"187","sectionType":"section","heading":"Lodgeable infringement offences","content":"\t187 Lodgeable infringement offences\n\nAn offence that is a lodgeable infringement offence under the **Infringements Act 2006**, on and from the repeal of Part 4 of that Act, is taken to be an infringement offence in respect of which any outstanding infringement fine may be registered under section 16.\n\n","sortOrder":273},{"sectionNumber":"188","sectionType":"section","heading":"Infringement penalties lodged under Infringements Act 2006","content":"\t188 Infringement penalties lodged under Infringements Act 2006\n\n(1) An infringement penalty with any prescribed costs lodged with an infringements registrar under Part 4 of the **Infringements Act 2006** before the repeal of that Part—\n\n(a) is taken on and from that repeal to be a registered infringement fine under this Act; and\n\n(b) may be enforced in accordance with this Act.\n\n(2) The Director must issue a notice of final demand in respect of each transitioned registered infringement fine referred to in subsection (1) within 28 days of the repeal of Part 4 of the **Infringements Act 2006**.\n\n","sortOrder":274},{"sectionNumber":"189","sectionType":"section","heading":"Enforcement orders made under Infringements Act 2006","content":"\t189 Enforcement orders made under Infringements Act 2006\n\nAn enforcement order notice served in respect of an enforcement order made under the **Infringements Act 2006** before the repeal of Part 4 of that Act—\n\n(a) is taken on and from that repeal to be a notice of final demand served in respect of a registered infringement fine under this Act; and\n\n(b) may be enforced in accordance with this Act as if a notice of final demand had been served in respect of the registered infringement fine.\n\n","sortOrder":275},{"sectionNumber":"190","sectionType":"section","heading":"Enforcement orders with revocation proceedings in progress","content":"\t190 Enforcement orders with revocation proceedings in progress\n\n(1) Despite the repeal of Part 4 of the **Infringements Act 2006**, an application for revocation of an enforcement order made under that Part that has not been considered by an infringements registrar before that repeal is taken to be an application for enforcement review and must be dealt with by the Director accordingly.\n\n(2) Despite the repeal of Part 4 of the **Infringements Act 2006**, an application for revocation of an enforcement order that has been referred to the Court under that Part but which has not been heard and determined by the Court before that repeal is to be heard and determined in accordance with that Division 4 of that Part as if that Division had not been repealed.\n\n(3) If, on the hearing and determination of a referred revocation application under subsection (2), the Court decides to not to revoke the enforcement order—\n\n(a) the infringement penalty and prescribed costs the subject of the enforcement order are taken to be a registered fine under this Act; and\n\n(b) the Director may issue a notice of final demand to the infringement offender in respect of the matter.\n\nS. 190A inserted by No. 59/2017 s. 91.\n\n","sortOrder":276},{"sectionNumber":"190A","sectionType":"section","heading":"Enforcement orders after revocation proceedings","content":"\t190A Enforcement orders after revocation proceedings\n\n(1) If, before the repeal of Part 4 of the **Infringements Act 2006**, a person—\n\n(a) received a notice under section 66(3) or 67(2) of that Act; and\n\n(b) has not applied to an infringement registrar for the application for revocation of an enforcement order to be referred to the Court under section 68(1) of that Act—\n\nthe right of the person to make an application under section 68(1) of the **Infringements Act 2006** ceases on that repeal.\n\n(2) If, before the repeal of Part 4 of the **Infringements Act 2006**, an enforcement agency within the meaning of that Act—\n\n(a) received a notice under section 64(2) or 66(5) of that Act; and\n\n(b) has not made a request to an infringement registrar under section 69(1) of that Act—\n\nthe right of the enforcement agency to make a request under section 69(1) of the **Infringements Act 2006** ceases to exist on that repeal.\n\n(3) If, before the repeal of Part 4 of the **Infringements Act 2006** an infringements registrar has received an application under section 68(1) of the **Infringements Act 2006** and has not referred the matter to the Court, the obligation of the infringements registrar incurred under section 68(2) of the **Infringements Act 2006** ceases on that repeal.\n\n(4) This section applies despite anything to the contrary in the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":277},{"sectionNumber":"191","sectionType":"section","heading":"Payment orders under Infringements Act 2006","content":"\t191 Payment orders under Infringements Act 2006\n\nS. 191(1) amended by No. 59/2017 s. 92.\n\n(1) A person in respect of whom a payment order within the meaning of the **Infringements Act 2006** as in force immediately before the repeal of Part 5 of that Act applies immediately before that repeal is taken, on and from the date of that repeal, to have made a payment arrangement with the Director under this Act.\n\n(2) For the purposes of subsection (1)—\n\n(a) a payment arrangement is taken to have the same terms and conditions as the payment order that it superseded; and\n\n(b) on any default of that payment arrangement, sections 56 and 57 of this Act apply.\n\n","sortOrder":278},{"sectionNumber":"192","sectionType":"section","heading":"Unexecuted infringement warrants issued under Infringements Act 2006","content":"\t192 Unexecuted infringement warrants issued under Infringements Act 2006\n\n(1) An infringement warrant issued under the **Infringements Act 2006** against a person before the repeal of Part 6 of that Act, which has not commenced to be executed before that repeal, on and from that repeal—\n\n(a) is taken to be an enforcement warrant issued under this Act; and\n\n(b) may be executed accordingly.\n\n(2) The sums named in an infringement warrant issued under the **Infringements Act 2006** that is taken to be an enforcement warrant by force of this section, remain recoverable under this Act in respect of that warrant on the repeal of Part 6 of that Act.\n\nS. 192A inserted by No. 59/2017 s. 8.\n\n\t192A Unexecuted infringement warrants and the family violence scheme\n\nPart 2B applies to an infringement fine which is the subject of an infringement warrant taken to be an enforcement warrant issued under this Act by force of section 192 as if that Part had been enacted and in force at the time the infringement warrant to which section 192 applies was issued.\n\n\t193 Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006\n\nA motor vehicle that has been detained, immobilised or seized but not sold under Part 7 of the **Infringements Act 2006** before that Part is repealed is taken, on and from that repeal, to be detained, immobilised or seized (as the case may be) under Part 11 of this Act.\n\n","sortOrder":279},{"sectionNumber":"194","sectionType":"section","heading":"Transitional provision for proceeds of vehicles seized and sold","content":"\t194 Transitional provision for proceeds of vehicles seized and sold\n\nIf a motor vehicle was sold under section 101 of the **Infringements Act 2006** before the repeal of Part 7 of that Act but the proceeds of the sale had not been applied in accordance with section 104 of that Act before that repeal, the proceeds of the sale must be applied in accordance with section 104 of that Act as if that section had not been repealed.\n\n","sortOrder":280},{"sectionNumber":"195","sectionType":"section","heading":"Attachment of earnings order","content":"\t195 Attachment of earnings order\n\n(1) An attachment of earnings order made by an infringements registrar in respect of a person under section 123 of the **Infringements Act 2006**, on and from the repeal of that section—\n\n(a) is taken to be an attachment of earnings direction made by the Director in respect of a fine defaulter; and\n\n(b) all rights and duties that apply in respect of an attachment of earnings direction under this Act apply to the attachment of earnings order made under the **Infringements Act 2006** as if it had been made under this Act.\n\n(2) If a person has applied for an attachment of earnings order under section 123 of the **Infringements Act 2006** immediately before the repeal of that section and, on that repeal, the application is pending, the Director may consider the application under this Act as if that application were an application for an attachment of earnings direction.\n\n","sortOrder":281},{"sectionNumber":"196","sectionType":"section","heading":"Attachment of debts order","content":"\t196 Attachment of debts order\n\n(1) An attachment of debts order made by an infringements registrar in respect of a person under section 129 of the **Infringements Act 2006**, on and from the repeal of that section—\n\n(a) is taken to be an attachment of debts direction made by the Director in respect of a fine defaulter; and\n\n(b) all rights and duties that apply in respect of an attachment of debts direction under this Act apply to the attachment of debts order made under the **Infringements Act 2006** as if it had been made under this Act.\n\n(2) If a person has applied for an attachment of debts order under section 129 of the **Infringements Act 2006** immediately before the repeal of that section and on that repeal, that application is pending, the Director may consider the application under this Act as if that application were an application for an attachment of debts direction.\n\n","sortOrder":282},{"sectionNumber":"197","sectionType":"section","heading":"Suspension of driver licences and vehicle registration","content":"\t197 Suspension of driver licences and vehicle registration\n\nA direction by the sheriff to do any of the following under Part 8 of the **Infringements Act 2006** as in force immediately before its repeal is taken to be a direction by the Director under Part 8 of this Act—\n\n(a) to suspend a driver licence;\n\n(b) to suspend the registration of a motor vehicle or trailer;\n\n(c) to not renew a driver licence or motor vehicle registration;\n\n(d) to not transfer registration.\n\n","sortOrder":283},{"sectionNumber":"198","sectionType":"section","heading":"Community work permits","content":"\t198 Community work permits\n\nA community work permit issued to an infringement offender under section 148 of the **Infringements Act 2006**, on and from the repeal of that section by this Act—\n\n(a) is taken to be a community work permit issued under Part 13; and\n\n(b) is subject to any conditions that apply to a community work permit issued under this Act.\n\n","sortOrder":284},{"sectionNumber":"199","sectionType":"section","heading":"Imprisonment","content":"\t199 Imprisonment\n\nA person arrested under an infringement warrant under Part 12 of the **Infringements Act 2006** as in force immediately before the repeal of that Part, but who failed to appear in the Magistrates' Court—\n\n(a) is taken, on and from that repeal, to be an infringement offender; and\n\n(b) must be dealt with accordingly under Part 14 of this Act.\n\nS. 200 substituted by No. 29/2016 s. 48.\n\n","sortOrder":285},{"sectionNumber":"200","sectionType":"section","heading":"Transitional provision for pre‑commencement court fines","content":"\t200 Transitional provision for pre‑commencement court fines\n\n(1) Despite section 14 of the **Interpretation of Legislation Act 1984**, a court fine imposed by the Magistrates' Court or the County Court but not defaulted on before the commencement of section 13 is taken, on and from that commencement and to the extent that it has not been paid, to be referred to the Director for collection and management in accordance with Part 3, unless it is a court fine—\n\n(a) of a prescribed type or class; or\n\n(b) imposed in respect of a prescribed offence or class of offences.\n\n(2) If a court fine is imposed on a person before the commencement of section 15 and the person defaults on that court fine before that commencement, on and from that commencement, that court fine is taken to be registered with the Director for enforcement under section 15 despite the original order imposing the court fine being made before that commencement unless—\n\n(a) a court otherwise orders; or\n\n(b) before that commencement, action has been taken in relation to that default; or\n\n(c) it is a court fine—\n\n(i) of a prescribed type or class; or\n\n(ii) imposed in respect of a prescribed offence or class of offences.\n\n(3) This section is in addition to, and does not derogate from, any powers of a court under the **Sentencing Act 1991**.\n\n(4) This section does not limit or otherwise affect any jurisdiction or power that a court has in relation to contempt of court.\n\n","sortOrder":286},{"sectionNumber":"201","sectionType":"section","heading":"Superseded references","content":"\t201 Superseded references\n\nUnless the context otherwise requires, on and from the repeal of Part 6 of the **Infringements Act 2006**, in any Act (other than this Act or a provision of an Act amended by this Act), or in any instrument made under any Act or in any other document of any kind—\n\n(a) a reference to an infringements registrar is taken to be a reference to a registrar;\n\n(b) a reference to the Infringements Court is taken to be a reference to Magistrates' Court for the purposes of the **Fines Reform Act 2014**.\n\nS. 201A inserted by No. 29/2016 s. 49.\n\n","sortOrder":287},{"sectionNumber":"201A","sectionType":"section","heading":"Request and application made under section 161A of the Infringements Act 2006","content":"\t201A Request and application made under section 161A of the Infringements Act 2006\n\n(1) If a person made a request to the sheriff under section 161A(1) of the **Infringements Act 2006** and the sheriff has not made an application in respect of the request before the commencement day, the request, on and after the commencement day, is taken to be a request made to the Director under section 171A(1).\n\n(2) If an application was made under  \nsection 161A(2) of the **Infringements  \nAct 2006** and the application has not been heard and determined by the Magistrates' Court before the commencement day in respect of that application any outstanding fine that is the subject of an infringement warrant is taken to be a registered infringement fine and section 171A(2) applies accordingly.\n\n(3) In this section—\n\n***commencement day*** means the day on which Division 2 of Part 14 comes into operation.\n\nS. 201B inserted by No. 59/2017 s. 63.\n\n","sortOrder":288},{"sectionNumber":"201B","sectionType":"section","heading":"Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989","content":"\t201B Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989\n\nOn and from the commencement of section 125 of the **Fines Reform Amendment Act 2017**, Part 14A of this Act applies to an agreement entered into under Part 6A of the **Magistrates' Court Act 1989** that is in force immediately before that commencement as if that agreement had been entered into under Part 14A.\n\nS. 201C inserted by No. 32/2024 s. 831.\n\n","sortOrder":289},{"sectionNumber":"201C","sectionType":"section","heading":"Transitional provision—Youth Justice Act 2024","content":"\t201C Transitional provision—Youth Justice Act 2024\n\n(1) An enforcement agency must not register an infringement penalty with the Director against a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.\n\n(2) The Director must not enforce an infringement penalty registered in respect of a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.\n\n(3) Subsection (4) applies to a proceeding under Schedule 3 of the **Children, Youth and Families Act 2005** for an infringement offence if—\n\n(a) before the commencement day, an enforcement agency commenced a proceeding under Division 3 of Part 3 of this Act; and\n\n(b) the infringement offence relates to conduct allegedly engaged in by a child when the child was 10 or 11 years of age; and\n\n(c) immediately before the commencement day, the proceeding has not been determined.\n\n(4) If this subsection applies to a proceeding, on the commencement day—\n\n(a) the enforcement agency must discontinue the proceeding; and\n\n(b) the child is, by virtue of this subsection, taken to be not guilty of the alleged infringement offence; and\n\n(c) the infringement notice must be withdrawn; and\n\n(d) the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.\n\n(5) In this section—\n\n***commencement day*** means the day on which Part 19.9 of the **Youth Justice Act 2024** comes into operation.\n\nS. 202 repealed by No. 47/2014 s. 202(4).\n\nPart 17—Amendment of Infringements Act 2006\n\nDivision 1—Amendment of preliminary provisions\n\n\t203 Amendment of purposes\n\nFor section 1(a) of the **Infringements Act 2006 substitute**—\n\n\"(a) to provide a framework for the issuing and serving of infringement notices; and\n\n(ab) to provide a framework for internal review of a decision by an enforcement agency to serve an infringement notice; and\n\n(ac) to provide for the payment of an infringement penalty by payment plan; and\n\n(ad) to provide for the work and development permit scheme; and\".\n\n","sortOrder":290},{"sectionNumber":"204","sectionType":"section","heading":"Definitions","content":"\t204 Definitions\n\nIn section 3(1) of the **Infringements Act 2006**—\n\n(a) the definitions of ***attachment of earnings order***, ***attachment of debts order***, ***community corrections centre***, ***community corrections officer***, ***community work permit***, ***director***, ***driver licence***, ***enforcement order***, ***enforcement order notice***, ***execution copy***, ***fine***, ***garnishee***, ***infringement offender***, ***infringements registrar***, ***infringement warrant***, ***lodgeable infringement offence***, ***outstanding fines***, ***payment order***, ***public place***, ***registered operator***, ***Secretary*** and ***VicRoads*** are **repealed**;\n\nS. 204(b) repealed by No. 59/2017 s. 93.\n\nS. 205 repealed by No. 29/2016 s. 50(1).\n\n","sortOrder":291},{"sectionNumber":"206","sectionType":"section","heading":"Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009","content":"\t206 Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009\n\n(1) In the heading to section 4 of the **Infringements Act 2006** after \"**Magistrates' Court Act 1989**\" **insert** \", **Fines Reform Act 2014**\".\n\n(2) In section 4(1) of the **Infringements Act 2006**, after \"**Magistrates' Court Act 1989**\" **insert** \", **Fines** **Reform Act 2014**\".\n\n(3) After section 4(3) of the **Infringements Act 2006** **insert**—\n\n\"(4) Expressions used in this Act and in the **Fines** **Reform Act 2014** that are not defined in section 3 or elsewhere in this Act have the same meanings as in the **Fines** **Reform Act 2014**.\".\n\n","sortOrder":292},{"sectionNumber":"207","sectionType":"section","heading":"Infringement offences to which this Act applies","content":"\t207 Infringement offences to which this Act applies\n\n(1) In section 7(1) of the **Infringements Act 2006**, **omit** \"lodgeable\".\n\n(2) Section 7(2) of the **Infringements Act 2006** is **repealed**.\n\n(3) For section 7(3) of the **Infringements Act 2006 substitute**—\n\n\"(3) Subject to anything to the contrary in the **Children, Youth and Families Act 2005** or this Act, this Act applies to infringement notices issued to or served on a child for an infringement offence.\".\n\nS. 207(4) repealed by No. 29/2016 s. 50(1).\n\nDivision 2—Infringement notices\n\n","sortOrder":293},{"sectionNumber":"208","sectionType":"section","heading":"Service of infringement notice","content":"\t208 Service of infringement notice\n\n(1) In section 12(2) of the **Infringements Act 2006**, for \"14 days\" **substitute** \"7 days\".\n\n(2) In section 12(3) of the **Infringements Act 2006**, for \"28 days\" **substitute** \"21 days\".\n\n","sortOrder":294},{"sectionNumber":"209","sectionType":"section","heading":"Payment to be within time specified","content":"\t209 Payment to be within time specified\n\nIn section 14 of the **Infringements Act 2006**, for \"28 days\" **substitute** \"21 days\".\n\n","sortOrder":295},{"sectionNumber":"210","sectionType":"section","heading":"Late payment","content":"\t210 Late payment\n\nFor section 15(b)(i) of the **Infringements Act 2006 substitute**—\n\n\"(i) an infringement offence for which an infringement notice was served on a person other than a child, the outstanding amount of the infringement penalty has not been registered with the Director under the **Fines Reform Act 2014**; or\".\n\n","sortOrder":296},{"sectionNumber":"211","sectionType":"section","heading":"Person may elect to have matter heard in Court or Children's Court","content":"\t211 Person may elect to have matter heard in Court or Children's Court\n\nS. 211(1) amended by No. 59/2017 s. 94.\n\n(1) For section 16(1) of the **Infringements Act 2006 substitute**—\n\n\"(1) Unless subsection (1A) applies, a person served with an infringement notice may elect to have the matter of the infringement offence heard and determined in the Court at any time before the outstanding amount of the infringement penalty, together with any penalty reminder notice fee are registered with the Director under the **Fines Reform Act 2014**.\n\n(1A) A person served with an infringement notice in respect of a non-registrable infringement offence may elect to have the matter of the infringement offence heard and determined in the Court at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.\".\n\n(2) In section 16(3) of the **Infringements Act 2006**—\n\n(a) for \"subsection (1)\" **substitute** \"subsections (1) and (1A)\";\n\n","sortOrder":297},{"sectionNumber":"212","sectionType":"section","heading":"Enforcement agency can refer matter to Court or Children's Court","content":"\t212 Enforcement agency can refer matter to Court or Children's Court\n\nS. 212(1) amended by No. 59/2017 s. 95.\n\n(1) For section 17(1) of the **Infringements Act 2006 substitute**—\n\n\"(1) Subject to subsection (3), an enforcement agency may refer a matter for which an infringement notice has been served to the Court—\n\n(a) at any time before the outstanding amount of the infringement penalty together with any penalty reminder notice fee are registered with the Director under the **Fines Reform Act 2014**; or\n\n(b) if the infringement notice is in respect of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.\".\n\n(2) In section 17(3)(b) of the **Infringements Act 2006** for \"bringing\" **substitute** \"commencing\".\n\nS. 213 amended by No. 59/2017 s. 96.\n\n","sortOrder":298},{"sectionNumber":"213","sectionType":"section","heading":"Withdrawal of infringement notice","content":"\t213 Withdrawal of infringement notice\n\nFor section 18(1) of the **Infringements Act 2006 substitute**—\n\n\"(1) An enforcement agency may withdraw an infringement notice by serving a withdrawal notice on the person served with the infringement notice—\n\n(a) unless the infringement offence is of a kind specified in paragraph (b) or (c), at any time before the outstanding amount of the infringement penalty together with any penalty reminder notice fee are registered with the Director under the **Fines Reform Act 2014**;\n\n(b) in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**, at any time before an enforcement order under that Schedule is made;\n\n(c) in the case of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.\".\n\nDivision 3—Internal reviews\n\nS. 214 repealed by No. 29/2016 s. 50(1).\n\n","sortOrder":299},{"sectionNumber":"215","sectionType":"section","heading":"Application for internal review","content":"\t215 Application for internal review\n\nS. 215(1) repealed by No. 29/2016 s. 50(1).\n\n(2) In section 22(2) of the **Infringements Act 2006**—\n\nS. 215(2)(a) repealed by No. 29/2016 s. 50(1).\n\nS. 215(2)(b) amended by No. 59/2017 s. 97.\n\n(b) for paragraph (a)(i)(A) **substitute**—\n\n\"(A) an infringement offence for which an infringement notice was served on a person, other than a child, at any time before the outstanding amount of an infringement penalty together with any penalty reminder notice fee are registered with the Director under the **Fines Reform Act 2014**; or\".\n\n(3) In section 22(2)(a)(ii) of the **Infringements Act** **2006**—\n\n(a) for \"in the case of any other infringement offence\" **substitute** \"in the case of a non-registrable infringement offence\";\n\nS. 215(4) repealed by No. 29/2016 s. 50(1).\n\nS. 216 repealed by No. 29/2016 s. 50(1).\n\n","sortOrder":300},{"sectionNumber":"217","sectionType":"section","heading":"What can an enforcement agency decide on review?","content":"\t217 What can an enforcement agency decide on review?\n\nS. 217(1)(2) repealed by No. 29/2016 s. 50(1).\n\nS. 217(3) amended by Nos 29/2016 s. 50(2), 59/2017 s. 98(1)(2).\n\n(3) For section 25(3), (4), (5) and (6) of the **Infringements Act 2006 substitute**—\n\n\"(3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must—\n\n(a) pay the infringement penalty in accordance with section 26; or\n\n(b) apply to the enforcement agency for a payment plan; or\n\n(c) apply to the Director for a payment arrangement; or\n\n(d) elect to have the matter of the infringement offence heard and determined in the Court; or\n\n(e) be the subject of an application to the Director for a work and development permit.\n\n(4) If an enforcement agency makes a decision under subsection (2A)(a) granting the application, the enforcement agency must serve the applicant with written notice of that decision.\n\n(5) A person served with a notice under subsection (4) must, within 21 days of receiving the notice—\n\n(a) pay the infringement penalty; or\n\n(b) enter into a payment plan or payment arrangement; or\n\n(c) nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or\n\n(d) apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or\n\n(e) elect to have the matter of an infringement offence heard and determined in the Court or the Children's Court (as the case requires); or\n\n(f) be the subject of an application to the Director for a work and development permit.\n\n(6) If an enforcement agency makes a decision under subsection (2A)(b) refusing the application, the enforcement agency must—\n\n(a) serve the applicant written notice of the outcome of the review; and\n\n(b) advise the applicant that the infringement penalty must be paid within 14 days of the written notice.\".\n\nS. 217(4) inserted by No. 59/2017 s. 98(3).\n\n(4) After section 25(6) of the **Infringements Act 2006 insert**—\n\n\"(7) A person served with a notice under subsection (6) must, within 14 days of receiving the notice—\n\n(a) pay the infringement penalty; or\n\n(b) apply to the enforcement agency for a payment plan; or\n\n(c) apply to the Director for a payment arrangement; or\n\n(d) elect to have the matter of the infringement offence heard and determined in the Court; or\n\n(e) be the subject of an application to the Director for a work and development permit.\".\n\nS. 218 repealed by No. 29/2016 s. 50(1).\n\n","sortOrder":301},{"sectionNumber":"219","sectionType":"section","heading":"Penalty reminder notices","content":"\t219 Penalty reminder notices\n\nIn section 29(3) of the **Infringements Act 2006**, for \"28 days\" **substitute** \"14 days\".\n\nSs 220–224 repealed by No. 29/2016 s. 50(1).\n\n","sortOrder":302},{"sectionNumber":"225","sectionType":"section","heading":"Heading to Division 7 of Part 2 amended","content":"\t225 Heading to Division 7 of Part 2 amended\n\nIn the heading to Division 7 of Part 2 of the **Infringements Act 2006**, for \"**pre-lodgement stage**\" **substitute** \"**prior to registration under the** **Fines Reform Act 2014**\".\n\n","sortOrder":303},{"sectionNumber":"226","sectionType":"section","heading":"Decision to go to Court—lodgeable infringement offences","content":"\t226 Decision to go to Court—lodgeable infringement offences\n\n(1) In the heading to section 40 of the **Infringements Act 2006 omit** \"**—lodgeable infringement offences**\".\n\n(2) In section 40(1) of the **Infringements Act 2006**, for \"a lodgeable\" (where twice occurring) **substitute** \"an\".\n\n(3) In the note at the foot of section 40(2) of the **Infringements Act 2006**, for \"infringement offences that are not lodgeable infringement offences\" **substitute** \"non-registrable infringement offences\".\n\n(4) In section 40(3) of the **Infringements Act 2006**, for \"a lodgeable\" **substitute** \"an\".\n\n","sortOrder":304},{"sectionNumber":"227","sectionType":"section","heading":"Going to Court—indictable offences","content":"\t227 Going to Court—indictable offences\n\nIn section 40A of the **Infringements Act 2006**, for \"a lodgeable\" **substitute** \"an\".\n\n","sortOrder":305},{"sectionNumber":"228","sectionType":"section","heading":"Avoiding service","content":"\t228 Avoiding service\n\nIn section 41 of the **Infringements Act 2006**, for \"a lodgeable\" **substitute** \"an\".\n\nDivision 4—Payment plans\n\n\t229 Establishment of the central payment plan facility\n\nDivision 1 of Part 3 of the **Infringements Act 2006** is **repealed**.\n\n\t230 Payment plans available in certain circumstances\n\nS. 230(1) amended by No. 59/2017 s. 99(1).\n\n(1) After section 46(1) of the **Infringements Act 2006** **insert**—\n\n\"(1A) A body corporate served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any penalty reminder notice fee in respect of the infringement offence to which the infringement notice relates.\".\n\n(2) In section 46(2) of the **Infringements Act 2006** after \"subsection (1)\" **insert** \"or (1A)\".\n\n(3) For section 46(2)(a)(i) of the **Infringements Act 2006** **substitute**—\n\n\"(i) an infringement offence for which an infringement notice was served on a person other than a child, at any time before the registration for enforcement of the infringement penalty in respect of that offence with the Director under the **Fines Reform Act 2014**; or\".\n\n(4) In section 46(2)(b) of the **Infringements Act 2006**—\n\n(a) for \"any other infringement offence\" **substitute** \"a non-registrable infringement offence\".\n\n(5) In section 46(3) of the **Infringements Act 2006** after \"subsection (1)\" **insert** \"or (1A)\".\n\n(6) In section 46(4) of the **Infringements Act 2006** after \"subsection (1)\" **insert** \"or (1A)\".\n\n(7) In section 46(5)(b) of the **Infringements Act 2006**—\n\n(a) for \"Secretary\" **substitute** \"Director\"; and\n\n(b) for \"plan\" **substitute** \"arrangement under the **Fines Reform Act 2014**\".\n\nS. 230(8) amended by No. 59/2017 s. 99(2).\n\n(8) After section 46(5) of the **Infringements Act 2006 insert**—\n\n\"(6) If an enforcement agency decides not to offer a payment plan to a person who applies under subsection (1) or (1A), the agency must serve on the person written notice of that decision specifying that—\n\n(a) a payment plan will not be offered to the person; and\n\n(b) the person has 21 days from the date the notice is served to pay the infringement penalty; and\n\n(c) failure to pay within 21 days from the date the notice is served may result in any infringement penalty being registered for enforcement with the Director under the **Fines Reform Act 2014**.\n\n(7) An enforcement agency must cease any action taken to collect an infringement penalty and any penalty reminder notice fee from a person served with an infringement notice on receipt of an application made under subsection (1) or (1A) by the person until the application is determined.\".\n\n","sortOrder":306},{"sectionNumber":"231","sectionType":"section","heading":"Payment plans","content":"\t231 Payment plans\n\n(1) In section 47(1) of the **Infringements Act 2006**—\n\n(a) **omit** \"natural\";\n\n(b) **omit** \"or the Secretary\".\n\n(2) Section 47(3) of the **Infringements Act 2006** is **repealed**.\n\n","sortOrder":307},{"sectionNumber":"232","sectionType":"section","heading":"Section 48 substituted","content":"\t232 Section 48 substituted\n\nFor section 48 of the **Infringements Act 2006 substitute**—\n\n\"48 Commencement of payment plans\n\nA payment plan commences when the enforcement agency receives the first payment by its due date in accordance with the proposed payment plan from the person to whom that plan was offered.\".\n\nS. 233 amended by No. 59/2017 s. 100.\n\n","sortOrder":308},{"sectionNumber":"233","sectionType":"section","heading":"Payment plans—additions, removals and cancellations","content":"\t233 Payment plans—additions, removals and cancellations\n\nFor section 49(3) of the **Infringements Act 2006 substitute**—\n\n\"(3) If an enforcement agency withdraws an infringement notice under this Act or the Act or other instrument which establishes the infringement offence for which the infringement notice was served, the enforcement agency must remove the infringement penalty and any penalty reminder notice fee for the infringement offence in relation to the withdrawn infringement notice from a person's payment plan.\n\nSee also section 48(3) of the **Fines Reform Act 2014**.\".\n\n","sortOrder":309},{"sectionNumber":"234","sectionType":"section","heading":"New sections 49A and 49B inserted","content":"\t234 New sections 49A and 49B inserted\n\nAfter section 49 of the **Infringements Act 2006 insert**—\n\n\"49A Variation of payment plan\n\n(1) A person to whom a payment plan applies may apply to the enforcement agency for a variation of the terms of the payment plan.\n\n(2) The enforcement agency, in its discretion, may vary the terms of a payment arrangement.\n\n(3) A person who applies for a variation under subsection (1) must continue to comply with the current terms of a payment plan pending a decision by the enforcement agency to vary those terms or refuse the application.\n\n(4) The enforcement agency must give written notification to the applicant of the enforcement agency's decision to vary the payment plan or to refuse the application for variation as soon as practicable after the decision is made.\n\n(5) If a variation is refused by the enforcement agency, the terms of the payment plan continue as they applied before the application for variation.\n\n","sortOrder":310},{"sectionNumber":"49B","sectionType":"section","heading":"Addition of infringement penalties requires a new payment plan to be made","content":"49B Addition of infringement penalties requires a new payment plan to be made\n\nA person who has made a payment plan with an enforcement agency and who wishes to add an infringement penalty to that payment plan must apply for a new payment plan under section 46 in respect of the relevant infringement penalty.\".\n\n","sortOrder":311},{"sectionNumber":"235","sectionType":"section","heading":"Allocation of money received under payment plan","content":"\t235 Allocation of money received under payment plan\n\n(1) In section 50(1) of the **Infringements Act 2006**, **omit** \"or the Secretary (as the case requires)\".\n\n(2) For section 50(2) of the **Infringements Act 2006** **substitute**—\n\n\"(2) The order of priority to be applied when payments under a payment plan are allocated applies to all payment plans managed by an enforcement agency.\".\n\n(3) In section 50(3) of the **Infringements Act 2006** for \"Secretary or an enforcement agency (as the case requires)\" **substitute** \"enforcement agency\".\n\nS. 235(4) amended by No. 59/2017 s. 101.\n\n(4) For section 50(3)(a) of the **Infringements Act 2006 substitute**—\n\n\"(a) if the person has other outstanding infringement penalties and any penalty reminder notice fee in respect of an infringement offence or outstanding notices of final demand, offer to apply the amount of the overpayment to those outstanding infringement penalties and that outstanding penalty reminder notice fee or any outstanding notices of final demand (as the case requires) if the person—\n\n(i) consents to the amount being so applied; and\n\n(ii) directs the agency to do so; or\".\n\n","sortOrder":312},{"sectionNumber":"236","sectionType":"section","heading":"Provision of current contact details","content":"\t236 Provision of current contact details\n\nSection 51 of the **Infringements Act 2006** is **repealed**.\n\n","sortOrder":313},{"sectionNumber":"237","sectionType":"section","heading":"Section 52 substituted and new section 52A inserted","content":"\t237 Section 52 substituted and new section 52A inserted\n\nFor section 52 of the **Infringements Act 2006**, **substitute**—\n\n\"52 Default on a payment plan results in other enforcement action\n\n(1) A person defaults in the payment of a payment plan if the enforcement agency does not receive a payment in accordance with that plan within 14 days after the due date of the payment.\n\n(2) If the enforcement agency does not receive a payment within the time specified in subsection (1), the enforcement agency must send a written notice to the person to whom the payment plan applies advising the person—\n\n(a) that the person is in default; and\n\n(b) that within 14 days of the notice, the payment plan is cancelled, unless the overdue payment is received before the expiry of that 14 day period; and\n\n(c) on cancellation of the payment plan, the outstanding infringement penalty will be dealt with under this Act or enforced by other enforcement action available under the **Fines Reform Act 2014**.\n\n","sortOrder":314},{"sectionNumber":"52A","sectionType":"section","heading":"Enforcement action on default, cancellation or removal if payment is not complete","content":"52A Enforcement action on default, cancellation or removal if payment is not complete\n\n(1) Any remaining outstanding infringement penalty may be enforced by other enforcement action available under this Act or the **Fines Reform Act 2014**—\n\n(a) on the removal of an infringement penalty from payment plan under section 49(2)(a) by the person to whom the payment plan applies; or\n\n(b) on the cancellation of a payment plan under section 49(2)(b) by the person to whom the payment plan applies; or\n\n(c) on cancellation of the payment plan under section 52 for default; or\n\n(d) if a person does not make the first payment arrangement in accordance with section 48.\n\n(2) For the purposes of subsection (1), any enforcement action available is to be taken from the point which the infringement penalty to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment plan was made for that infringement penalty.\n\nDepending on the stage that enforcement had reached before the payment plan was made, a penalty reminder notice may be served, or the infringement penalty may be registered as an infringement fine and a notice of final demand served or any sanction available under the **Fines Reform Act 2014** following default may be applied.\".\n\n","sortOrder":315},{"sectionNumber":"238","sectionType":"section","heading":"Section 53 amended","content":"\t238 Section 53 amended\n\n(1) In the heading to section 53 of the **Infringements Act 2006**, for \"**bringing**\" **substitute** \"**commencing**\".\n\n(2) In section 53(1)(c) of the **Infringements Act 2006** for \"plan.\" **substitute** \"plan;\".\n\n(3) After section 53(1)(c) of the **Infringements Act 2006 insert**—\n\n\"(d) if a person does not make the first payment in respect of a proposed payment plan in accordance with section 48, by 6 months from the due date of the first payment under that proposed payment plan.\".\n\nS. 239 substituted by No. 29/2016 s. 51.\n\n","sortOrder":316},{"sectionNumber":"239","sectionType":"section","heading":"Guidelines","content":"\t239 Guidelines\n\n(1) In section 53A(1) of the **Infringements Act 2006**, for \"Secretary\" (where twice occurring) **substitute** \"Director\".\n\n(2) In section 53A(2) of the **Infringements Act 2006**, for \"Secretary\" **substitute** \"Director\".\n\nS. 239A inserted by No. 29/2016 s. 51.\n\n","sortOrder":317},{"sectionNumber":"239A","sectionType":"section","heading":"Oversight and monitoring by Secretary","content":"\t239A Oversight and monitoring by Secretary\n\n(1) In the heading to section 53B(1) of the **Infringements Act 2006**, for \"**Secretary**\" **substitute** \"**Director**\".\n\n(2) In section 53B(1) of the **Infringements Act 2006**, for \"Secretary\" (where twice occurring) **substitute** \"Director\".\n\n(3) In section 53B(2) of the **Infringements Act 2006**, for \"Secretary\" **substitute** \"Director\".\n\nS. 239B inserted by No. 29/2016 s. 51.\n\n","sortOrder":318},{"sectionNumber":"239B","sectionType":"section","heading":"Recommendations to enforcement agencies","content":"\t239B Recommendations to enforcement agencies\n\nIn section 53C(1) and (2) of the **Infringements Act 2006**, for \"Secretary\" **substitute** \"Director\".\n\nS. 239C inserted by No. 29/2016 s. 51.\n\n","sortOrder":319},{"sectionNumber":"239C","sectionType":"section","heading":"Reports and recommendations to Attorney-General","content":"\t239C Reports and recommendations to Attorney-General\n\n(1) In section 53D(1) of the **Infringements Act 2006**, for \"Secretary\" (where twice occurring) **substitute** \"Director\".\n\n(2) In section 53D(2) of the **Infringements Act 2006**, for \"Secretary\" **substitute** \"Director\".\n\n(3) In section 53D(3) of the **Infringements Act 2006**—\n\n(a) for \"Secretary\" (where four times occurring) **substitute** \"Director\";\n\n(b) in paragraph (d), for \"Secretary's\" **substitute** \"Director's\".\n\n(4) In section 53D(4) of the **Infringements Act 2006**, for \"Secretary\" **substitute** \"Director\".\n\nDivision 5—Repeals and further consequential amendments\n\n","sortOrder":320},{"sectionNumber":"240","sectionType":"section","heading":"Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed","content":"\t240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed\n\n(1) Parts 4, 5, 6, 7, 8, 9, 10 and 11 of the **Infringements Act 2006** are **repealed**.\n\nS. 240(2) repealed by No. 29/2016 s. 52.\n\n(3) Part 12 of the **Infringements Act 2006** is **repealed**.\n\n","sortOrder":321},{"sectionNumber":"241","sectionType":"section","heading":"Service of documents","content":"\t241 Service of documents\n\n(1) At the foot of section 162(1) of the **Infringements Act 2006 insert**—\n\n\"**Note**\n\nThe **Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.\".\n\n(2) Section 162(2), (2A) and (3) of the **Infringements Act 2006** are **repealed**.\n\n(3) In section 162(6) of the **Infringements Act 2006**, for \"14 days\" **substitute** \"7 days\".\n\n","sortOrder":322},{"sectionNumber":"242","sectionType":"section","heading":"Service deemed despite document being returned to sender","content":"\t242 Service deemed despite document being returned to sender\n\n(1) In section 163A(1) and (2) of the **Infringements Act 2006**, for \"14 days\" **substitute** \"7 days\".\n\n(2) The note at the foot of section 163A of the **Infringements Act 2006** is **repealed**.\n\n","sortOrder":323},{"sectionNumber":"243","sectionType":"section","heading":"Sections 164, 165 and 166 repealed","content":"\t243 Sections 164, 165 and 166 repealed\n\nSections 164, 165 and 166 of the **Infringements Act 2006** are **repealed**.\n\n","sortOrder":324},{"sectionNumber":"244","sectionType":"section","heading":"Regulations—provisions repealed","content":"\t244 Regulations—provisions repealed\n\nIn section 168 of the **Infringements Act 2006**, subsections (1)(a), (f), (g), (h), (i), (j), (k), (l), (n) and (o), (3)(a) and (4)(a)(iii) and (iv) are **repealed**.\n\nS. 245 repealed by No. 29/2016 s. 53.\n\n","sortOrder":325},{"sectionNumber":"246","sectionType":"section","heading":"Sections 190, 191, 205, 206 and 209A repealed","content":"\t246 Sections 190, 191, 205, 206 and 209A repealed\n\nSections 190, 191, 205, 206 and 209A of the **Infringements Act 2006** are **repealed**.\n\nS. 247 (Heading) substituted by No. 29/2016 s. 54(1).\n\nS. 247 amended by Nos 29/2016 s. 54(2)–(6), 59/2017 s. 102.\n\n","sortOrder":326},{"sectionNumber":"247","sectionType":"section","heading":"New Division 3 inserted into Part 16","content":"\t247 New Division 3 inserted into Part 16\n\nAfter Division 2 of Part 16 of the **Infringements Act 2006 insert**—\n\n\"Division 3—Fines Reform Act 2014\n\n212 Definitions\n\nIn this Division—\n\n***commencement day*** means the day on which section 247 of the **Fines Reform Act 2014** comes into operation.\n\n","sortOrder":327},{"sectionNumber":"214","sectionType":"section","heading":"Infringement notices and penalty reminder notices","content":"214 Infringement notices and penalty reminder notices\n\n(1) Subject to this Part and anything to the contrary in this Act or the **Fines Reform Act 2014**, on and from the commencement day, this Act and the **Fines Reform Act 2014** apply to any infringement notice irrespective of whether the infringement notice was issued before, on or after the commencement day.\n\n(2) Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was served on a person before the commencement day—\n\n(a) the date specified in the infringement notice as the time by which the person served with the notice must pay the infringement penalty specified in the infringement notice is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 21 days after the infringement notice was served; and\n\n(b) if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails.\n\n  (3)  Despite subsection (1) and anything to the contrary in this Act, if a penalty reminder notice was served on a person before the commencement day—\n\n(a) the date specified in the penalty reminder notice as the time by which the person served with the notice must pay the infringement penalty specified and any penalty reminder notice fee is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 14 days after the penalty reminder notice was served; and\n\n(b) if any matter specified in the penalty reminder notice conflicts with the requirements of this Act, the matter specified in the penalty reminder notice prevails.\n\n","sortOrder":328},{"sectionNumber":"216","sectionType":"section","heading":"Payment plans","content":"216 Payment plans\n\n(1) If, immediately before the commencement day, a payment plan was arranged and managed by an enforcement agency, on and from the commencement day, the payment plan—\n\n(a) continues to be managed by the enforcement agency; and\n\n(b) continues on the same terms and conditions to which it was subject immediately before that day.\n\n(2) If, immediately before the commencement day, a payment plan was arranged and managed by the Secretary under the central payment plan facility, on and from the commencement day, the payment plan—\n\n(a) is to be managed by the Director as if the payment plan were a payment arrangement under the **Fines Reform Act 2014**; and\n\n(b) despite paragraph (a), continues to be subject to the same terms and conditions to which it was subject immediately before the commencement day.\n\n217 Guidelines, oversight and recommendations\n\n(1) Despite the commencement of section 239 of the Fines Reform Act 2014, any guidelines issued under section 53A by the Secretary before that commencement are taken to have been issued by the Director on and from that commencement.\n\n(2) Despite the commencement of section 239A of the Fines Reform Act 2014, any request made by the Secretary under section 53B(1) but not complied with under section 53B(2) before that commencement is taken on and from that commencement to have been made by the Director and must be complied with accordingly.\n\n(3) Despite the commencement of section 239B of the **Fines Reform Act 2014**, any recommendation made by the Secretary under section 53C(1) but not reported on by the enforcement agency under section 53C(2) before that commencement—\n\n(a) is taken on and from that commencement to have been made by the Director; and\n\n(b) must be reported on to the Director accordingly under section 53C(2) as in force after that commencement.\n\n\".\n\nPt 18 (Heading and ss 248–250) inserted by No. 11/2021 s. 191.\n\n","sortOrder":329},{"sectionNumber":"Part 18","sectionType":"part","heading":"Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021","content":"Part 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021\n\nS. 248 inserted by No. 11/2021 s. 191.\n\n","sortOrder":330},{"sectionNumber":"248","sectionType":"section","heading":"Definition","content":"\t248 Definition\n\n***commencement day***  means the day on which section 191 of the **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021** comes into operation.\n\nS. 249 inserted by No. 11/2021 s. 191.\n\n","sortOrder":331},{"sectionNumber":"249","sectionType":"section","heading":"Requests made to Director before commencement day","content":"\t249 Requests made to Director before commencement day\n\nIf a person has made a request to the Director under section 171A(1) as in force immediately before the commencement day, and the Director has not applied to the Magistrates' Court under section 171A(2) as in force immediately before the commencement day on behalf of the person who made the request, on and from the commencement day—\n\n(a) Division 1A of Part 14 applies in respect of that request; and\n\n(b) the Director may (as appropriate)—\n\n(i) apply to the Magistrates Court on behalf of the person under section 171A; or\n\n(ii) waive the outstanding amount of the relevant infringement fine under section 171AD.\n\nS. 250 inserted by No. 11/2021 s. 191.\n\n","sortOrder":332},{"sectionNumber":"250","sectionType":"section","heading":"Applications made under section 171A(2)(a) but not determined","content":"\t250 Applications made under section 171A(2)(a) but not determined\n\n(1) This section applies to an application made by the Director under section 171A(2)(a) as in force immediately before the commencement day if the application—\n\n(a) has not been heard and determined by the Court before the commencement day; or\n\n(b) has not been partly heard by the Court before the commencement day.\n\n(2) If this section applies to an application, on and from the commencement day—\n\n(a) the application is taken to be returned to the Director; and\n\n(b) the Director may take appropriate action in respect of that application as if the application had been a request made under section 171AB.\n\nPt 18 (Headings and  \nss 248–316) amended by Nos 20/2015 s. 52, 29/2016 ss 55–57, 59/2017 ss 57, 103–107, repealed by No. 47/2014 s. 331(as amended by No. 29/2016 s. 58).\n\nPt 19 (Headings and  \nss 317–331 amended by No. 29/2016 s. 58, repealed by No. 47/2014 s. 331(as amended by No. 29/2016 s. 58).\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 8 May 2014*\n\n*Legislative Council: 12 June 2014*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the appointment of the Director, Fines Victoria, to provide for the collection and enforcement of infringement fines and court fines, to make amendments to the **Infringements Act 2006** and the **Sheriff Act 2009**, to  consequentially amend other Acts and for other purposes.\"\n\nThe **Fines Reform Act 2014** was assented to on 1 September 2014 and came into operation on 31 December 2017: Special Gazette (No. 443) 19 December 2017 page 1.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Fines Reform Act 2014** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Fines Reform Act 2014, No. 47/2014** (as amended by No. 29/2016)\n\n| Assent Date: | 1.7.14 |\n| Commencement Date: | Ss 202(4), 331 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1; s. 185D inserted on 25.4.20 by No. 11/2020 s. 37: s. 2 (as amended by No. 27/2020 s. 33) |\n| Note: | S. 331 repealed Pts 18, 19 (ss 248–331) on 31.12.18; s. 202(4) repealed s. 202 on 31.12.19; s. 185D repealed Pt 15A (ss 185A–185D) on 26.4.21 |\n\n**Justice Legislation Amendment Act 2015, No. 20/2015**\n\n| Assent Date: | 16.6.15 |\n| Commencement Date: | S. 52 on 17.6.15: s. 2(3) |\n\n**Fines Reform and Infringements Acts Amendment Act 2016, No. 29/2016**\n\n| Assent Date: | 31.5.16 |\n| Commencement Date: | Ss 3–58 on 1.6.16: s. 2(1) |\n\n**Fines Reform Amendment Act 2017, No. 59/2017**\n\n| Assent Date: | 5.12.17 |\n| Commencement Date: | Ss 62–107 on 6.12.17: s. 2(1); ss 3–8 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1; ss 10–57    on 11.1.18: Special Gazette (No. 7) 10.1.18 p. 1; ss 58–61 on 3.12.18: s. 2(3) |\n\n**Residential Tenancies Amendment Act 2018, No. 45/2018** (as amended by Nos 11/2020, 25/2020)\n\n| Assent Date: | 18.9.18 |\n| Commencement Date: | S. 373 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |\n\n**West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | Ss 106–108 on 19.2.20: s. 2(3) |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 117(Sch. 1 item 5) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 20) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 items 39.1(a), 39.2) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 39.1(b)) on 1.7.21: s. 2(4) |\n\n**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**\n\n| Assent Date: | 24.4.20 |\n| Commencement Date: | S. 37 on 25.4.20: s. 2 |\n\n**North East Link Act 2020, No. 18/2020**\n\n| Assent Date: | 10.6.20 |\n| Commencement Date: | Ss 129−131 on 1.3.21: s. 2(2) |\n\n**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**\n\n| Assent Date: | 20.10.20 |\n| Commencement Date: | S. 33 on 21.10.20: s. 2 |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | Ss 183–191 on 9.8.21: Special Gazette (No. 420) 3.8.21 p. 1 |\n\n**Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021**\n\n| Assent Date: | 7.12.21 |\n| Commencement Date: | Ss 37−41, 57 on 30.8.22: Special Gazette (No. 438) 30.8.22 p. 1 |\n\n**Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022**\n\n| Assent Date: | 18.5.22 |\n| Commencement Date: | Ss 3–26 on 19.5.22: s. 2(1); ss 43–65 on 18.7.22: Special Gazette (No. 346) 5.7.22 p. 1; ss 32, 35, 36(2), 37A, 38, 39, 41, 42 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 27–31, 33, 34, 36(1), 37, 40 on 8.3.24: s. 2(3) |\n\n**Youth Justice Act 2024, No. 32/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | Ss 830, 831 on 30.9.25: s. 2(2) |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | Ss 101, 106(Sch. 1 item 16) on 6.8.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":333}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":777},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2014 scope. Major additions include: the work and development permit scheme (2016), the family violence scheme (2017), time-served orders for imprisoned persons (2016, expanded 2021-2022), administrative services agreements for outsourced enforcement (2017), and extensive amendments integrating COVID-19 pandemic fine management (2021). The 2022 amendments substantially expanded protections for people in custody and refined the interaction between fine-related and non-fine-related sentences. What began as a administrative consolidation has become a complex social welfare-oriented enforcement framework with multiple vulnerability pathways."},"complexity_factors":["Extensive cross-referencing with at least 15 other Acts including the Sentencing Act 1991, Infringements Act 2006, Road Safety Act 1986, and Bail Act 1977","Multiple nested exception schemes (work and development permits, family violence scheme, enforcement review, special circumstances) each with their own eligibility criteria and procedural requirements","47+ defined terms in section 3 alone, many with their own sub-definitions and cross-references","Complex conditional logic throughout, particularly in Part 14 regarding imprisonment and time-served orders where multiple overlapping conditions determine court powers","17 separate Parts covering distinct enforcement mechanisms (attachment of earnings, attachment of debts, driver sanctions, land charges, vehicle seizure, community work permits, imprisonment) with interlocking application rules","Extensive transitional provisions (Part 16) preserving rights under repealed legislation and converting old orders to new system","Multiple amendment layers shown in version history - Act has been substantially amended 15+ times since 2014","Regulatory framework with many matters left to regulations including fee amounts, protected income levels, and detailed procedural requirements"],"plain_english_summary":"This is the **Fines Reform Act 2014** (Victoria), a comprehensive law that centralises how fines are collected and enforced in Victoria. It establishes **Fines Victoria** (led by a Director) as the single agency responsible for managing both **infringement fines** (like speeding tickets) and **court fines**.\n\n**What it does:**\n- **Creates Fines Victoria**: A dedicated agency with powers to register, collect and enforce fines through various methods\n- **Multiple enforcement tools**: Includes payment arrangements, wage garnishment (attachment of earnings), bank account deductions (attachment of debts), driver licence suspension, vehicle sanctions, land charges, and ultimately arrest and imprisonment\n- **Protections for vulnerable people**: \n  - **Work and development permits**: People with mental illness, addiction, homelessness, financial hardship or family violence can \"work off\" fines through community work, treatment, or education\n  - **Family violence scheme**: Victims of family violence can have fines waived if the violence contributed to the offence\n- **Imprisonment as last resort**: Only after other enforcement fails, with courts able to convert fines to community work or time-served orders\n\n**Who it affects:**\n- Anyone who receives an infringement notice or court fine in Victoria\n- Employers (who may need to deduct wages)\n- Banks and financial institutions\n- Vehicle owners\n- Landowners\n\n**Why it matters:**\nBefore this Act, fine enforcement was fragmented across multiple agencies. This creates a streamlined system with clearer pathways for payment, stronger enforcement for those who refuse to pay, and better protections for those who genuinely cannot pay due to hardship or family violence. It also reduces the burden on courts by handling most fine matters administratively.\n\nThe Act also amends the **Infringements Act 2006** to remove duplicated enforcement powers and transfer them to Fines Victoria."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act evolved beyond simple fine collection reform to incorporate significant social welfare elements — particularly the work-and-development permit scheme and hardship provisions — suggesting the scope broadened from a purely administrative efficiency exercise to include targeted assistance for vulnerable Victorians."},"complexity_factors":["Multiple enforcement pathways with different triggers and escalation steps","Interaction with numerous other Acts (e.g., Road Safety Act, Infringements Act, Sheriff Act)","Special provisions for vulnerable cohorts requiring separate assessment criteria","Administrative structure involving multiple agencies (Fines Victoria, sheriffs, courts, enforcement agencies)","Work-and-development permit scheme involves eligibility rules and approved sponsors","Distinction between infringement notices, fines, and enforcement orders creates layered terminology","Review and appeal mechanisms operating at different stages of the enforcement process","Note: Only minimal legislative text was provided for analysis, which limits certainty in this assessment"],"plain_english_summary":"## Fines Reform Act 2014 (Victoria)\n\nThis Act overhauls how unpaid fines (penalty notices issued for offences like traffic violations, public transport offences, and other regulatory breaches) are managed and enforced in Victoria.\n\n**Who does this affect?**\n- Anyone who has received a fine in Victoria and hasn't paid it\n- People experiencing financial hardship who struggle to pay fines\n- Businesses and individuals dealing with infringement notices\n\n**What does it do?**\n- Creates a centralised system for managing unpaid fines, primarily administered through Fines Victoria (a government body)\n- Introduces more flexible payment options, including payment plans and work-and-development permits (allowing vulnerable people to 'work off' fines through community service, treatment programs, or education)\n- Establishes enforcement pathways when fines remain unpaid — including licence suspension, vehicle registration cancellation, and referral to sheriff's officers for asset seizure\n- Provides protections for people in genuine hardship, including special arrangements for disadvantaged Victorians (such as those experiencing homelessness, mental illness, or addiction)\n- Streamlines the process for challenging or seeking review of fines\n\n**Why does it matter?**\nBefore this Act, the fines system was fragmented and arguably harsh on vulnerable people. This reform aimed to make enforcement fairer while still ensuring fines are ultimately paid or otherwise resolved."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. Since enactment the Act has materially expanded beyond a narrow centralisation of fines collection. Additions include targeted relief schemes (work and development permits and the family violence scheme), expanded statutory enforcement tools (vehicle immobilisation and sale, land charges and sale, broader attachment rules, driver/vehicle sanctions), and a contractualised operating model (administrative services agreements with detailed Crown intervention and audit rights in Part 14A). The Act also now contains significant custodial‑relief mechanics (time served and waiver processes in Part 14 Divs 1A–2) and widened data‑sharing powers (Part 15). Those additions increase discretionary, operational and privacy dimensions of the original collection mandate, and broaden the Act from administrative centralisation toward an integrated enforcement and relief regime with outsourced service delivery and expanded non‑monetary sanctions."},"complexity_factors":["Extensive definitions section (s.3 and inserted defs) with dozens of defined terms and multiple later amendments inserting or changing definitions (Part 1).","Large structure: 17+ Parts and multiple Divisions covering administrative design, enforcement tools, review regimes, transitional and amendment provisions (Parts 1–17).","Heavy cross‑referencing to at least 10 other Acts (Infringements Act 2006, Sentencing Act 1991, Road Safety Act 1986, Criminal Procedure Act 2009, Transfer of Land Act 1958, Privacy and Banking Acts, Children, Youth and Families Act 2005, etc.), producing interdependent outcomes (throughout the Act).","Many conditional timelines and exceptions: registration and extended registration periods (ss.16–17) list ~15 special cases; multiple suspension triggers (enforcement review, payment arrangements, work and development permits, FVS applications) recur across Parts.","Nested discretion and delegated powers: broad Director discretion (ss.5–6, 20), delegation rules (s.8), and contractor intervention powers (Part 14A ss.173E) create layered decision‑making.","Multiple enforcement mechanisms with allocation and priority rules: attachments, garnishee rules, liens/land charges, immobilisation/tow/sale, enforcement warrants and imprisonment; allocation of proceeds and priority sequencing are specified (Parts 7–12, ss.76,86,105).","Complex remedial and relief programs: work & development permits (Part 2A), family violence scheme (Part 2B) and time‑served/time‑orders (Part 14) add conditional relief and overlap with enforcement lifecycles.","Detailed procedural and evidentiary rules: enforcement review process, requests for information, summonses for oral examination, reporting and record‑keeping (Parts 4, 6, 10A–10L, 10J).","Transitional and amendment machinery: large transitional Part 16 + Part 17 amending the Infringements Act 2006; multiple amendments over years embedded in the text increase interpretive complexity (Part 16 & Part 17)."],"plain_english_summary":"**What this law does, in plain mechanical terms**\n\n- Centralises fines: it creates a statutory office—Director, Fines Victoria—and gives that office responsibility for collecting and enforcing both court fines and infringement fines across Victoria (see s.4, s.5, Part 3).\n- Brings enforcement tools together: it consolidates many enforcement mechanisms in one Act, including registration of fines (ss.15–16), notices of final demand (ss.22–25), payment arrangements and plans (Part 5), attachment of earnings and debts (Part 7), enforcement warrants (Part 10), vehicle immobilisation and sale (Part 11), removal of number plates (Part 12), land charges and sale of land (Part 9), and driver/vehicle sanctions (Part 8).\n- Provides relief and alternative pathways for vulnerable people: it establishes a work and development permit scheme (Part 2A, ss.10A–10L) that lets eligible people expiate offences by doing work, training, treatment or counselling instead of paying; and a family violence scheme (Part 2B, ss.10M–10Z) that allows an applicant to have certain infringement notices cancelled/withdrawn if family violence substantially contributed to the offending.\n- Sets review and waiver processes: the Director conducts enforcement reviews (Part 4) and has power to waive or reduce fees in particular cases (s.9, s.10F, ss.171AA–171AE for people in custody).\n- Enables administrative contracting and data sharing: the Ministers may enter administrative services agreements with contractors to provide back-office functions (Part 14A, ss.173B–173I); the Director and sheriff may request and use information from public bodies, credit reporting agencies and other specified sources to enforce fines (Part 15, ss.174–178).\n\n(For the Act’s stated objectives, see s.1 and s.3A: centralise collection/enforcement, strengthen enforcement, support vulnerable people, and enhance review/oversight.)\n\n**Who it affects and who decides**\n\n- People who owe fines: natural persons (including some special rules for children—see s.11, definition of child in s.3) and bodies corporate. Fine defaulters may become subject to a wide range of enforcement actions such as wage garnishee, bank garnishee, vehicle detention/sale, land charges and enforcement warrants (Parts 7–12).\n- Courts and enforcement agencies: courts refer fines and enforcement orders to the Director for collection (ss.13,15B); enforcement agencies still issue infringement notices and can prosecute or withdraw notices after Director determinations (ss.20–21, 10X–10Y).\n- Director, Fines Victoria: holds centralised discretion—who is registered, which enforcement tools are used, whether to suspend or cancel enforcement, whether to accredit agencies or health practitioners for work and development permits, and whether to enter administrative services agreements (see s.5, s.6, Parts 2A, 14A).\n- Contractors: the Act permits administrative outsourcing under detailed controls (Part 14A) and exposes contractors to government audit, intervention and confidentiality obligations.\n\n**Why it matters (mechanisms, incentives and trade‑offs)**\n\n- Concentration of functions reduces transactional duplication: instead of each enforcement agency running its own collection lifecycle, the Director centralises registration, recovery and reporting (ss.13,15,16). That centralisation creates administrative economies but also concentrates discretion and operational control in one public body (s.5).\n- Stronger enforcement options create incentives to pay or to seek reviews/arrangements: multiple sanctions (wage garnishees, bank attachments, land charges, vehicle immobilisation, license/registration suspensions, warrants) increase the set of levers to recover amounts (Parts 7–12). Those levers raise expected costs of non‑payment for individuals and bodies corporate but also increase compliance and administrative burdens (notice, record‑keeping, appeals).\n- Additional safety‑valves for vulnerability: work and development permits (Part 2A) and the family violence scheme (Part 2B) introduce non‑monetary and discretionary relief targeted at vulnerable groups. These mechanisms shift some enforcement from monetary extraction toward negotiated or rehabilitative responses; they also add administrative complexity (accreditation, monitoring, guideline rules—see ss.10G–10L).\n- Outsourcing and data sharing lower marginal cost of enforcement but increase operational risk: administrative services agreements (Part 14A) allow contractors to perform functions with extensive Crown intervention, audit and confidentiality powers. That can speed processing and add technical capacity, but it externalises data handling and creates dependence on contractor systems and governance (see ss.173B–173I). Data sharing provisions (ss.174–178) expand the Director’s information base for targeted enforcement but raise compliance and privacy risk and require controls on use (see s.176).\n\n**Costs, compliance burden and implementation risks**\n\n- Who pays: fines and fees are payable by the person/ entity found liable; administrative fees and registration fees are typically payable by enforcement agencies or the fine defaulter depending on the section (see ss.15,16,23,107). The State bears set‑up, administration and audit costs, partly recoverable through fees.\n- Bureaucratic discretion: the Director has broad discretionary powers to waive/reduce fees, determine suitability for enforcement, accredit agencies, and to allocate enforcement tools (s.5, s.9, s.20, Parts 2A, 14A). The Act prescribes decision processes and review rights but central discretion is substantial, creating governance and oversight requirements.\n- Trade‑offs and substitution effects: stronger administrative enforcement may reduce court workload but may shift costs onto debt‑collection infrastructure, credit reporting outcomes, or collateral markets (land, vehicles). Work and development permits substitute state‑supervised non‑monetary compliance for payment, affecting labour supply and volunteer/agency capacity.\n- Concentrated benefits, diffuse costs: enforcement contractors and agencies gathering enforcement data and collections could capture business from the central scheme; costs such as administrative compliance and privacy safeguards are borne by government and indirectly by taxpayers and regulated entities.\n\n**Concrete implementation points readers should note**\n\n- Multiple procedural stops protect opportunity for review: seven‑day notices, enforcement review (Part 4), work and development permit and FVS application timing rules (Parts 2A–2B, ss.119, 32). Keep deadlines and suspension triggers in mind when a notice arrives.\n- The Act cross‑references many other Acts (Infringements Act 2006, Sentencing Act 1991, Road Safety Act 1986, Criminal Procedure Act 2009, Transfer of Land Act 1958, etc.), so practical outcomes depend on interaction with those statutes (see numerous cross‑references throughout).\n\nKey starting sections to consult: Director and functions (ss.4–6); registration rules for infringement fines (ss.16–17); work & development permits (ss.10A–10L); family violence scheme (ss.10M–10Z); payment arrangements (Part 5); attachment of earnings/debts (Part 7); enforcement warrants and execution (Parts 10–12); administrative services agreements and contractor controls (Part 14A); information powers (Part 15)."}},"importantCases":[],"_links":{"self":"/api/acts/fines-reform-act-2014","history":"/api/acts/fines-reform-act-2014/history","analysis":"/api/acts/fines-reform-act-2014/analysis","conflicts":"/api/acts/fines-reform-act-2014/conflicts","importantCases":"/api/acts/fines-reform-act-2014/important-cases","documents":"/api/acts/fines-reform-act-2014/documents"}}