Sch 3Children and Young Persons Infringement Notice System

Schedule 3—Children and Young Persons Infringement Notice System Sections 529, 581, 582, 592, 600 Part 1—Introductory 1 Application of Schedule (1) The procedures set out in this Schedule may be used for the enforcement of infringement penalties. (2) If the procedures set out in this Schedule are used, they apply without prejudice to the application of so much of any other procedure as is consistent with this Schedule. (3) The procedures set out in Part 2 may be used in relation to any infringement notice, whenever issued. 2 Definitions ***appropriate officer***, in relation to an infringement notice or an infringement penalty, means— (a) a person who is the enforcement agency; or (b) a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or (c) a prescribed person or a person who is a member of a prescribed class of person; ***certificate*** means a certificate under clause 3(1)(b); Sch. 3 Pt 1 cl. 2 def. of *child* amended by No. 32/2024 s. 788. ***child*** means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 12 years but does not include any person who is of or above the age of 19 years when an application for registration is made in respect of the person under clause 3; ***enforcement agency***, in relation to an infringement notice or an infringement penalty, means— (a) a person or body authorised by or under an Act to take proceedings for the offence in respect of which the notice was issued; or (b) a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or (c) a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or (d) a prescribed administrative unit; or (e) a prescribed group of people; ***enforcement order*** means an order under clause 8(3)(c), 8(3)(d), 8(3)(e), 8(3)(f) or 10(5); Sch. 3 Pt 1 cl. 2 def. of *infringement notice* repealed by No. 59/2017 s. 109(1), new def. of *infringement notice* inserted by No. 59/2017 s. 109(2). ***infringement notice*** has the same meaning as it has in the **Infringements Act 2006**; Sch. 3 Pt 1 cl. 2 def. of *infringement offence* inserted by No. 59/2017 s. 109(2). ***infringement offence*** has the same meaning as it has in the **Infringements Act 2006**; ***infringement penalty*** means the amount specified in an infringement notice as payable in respect of the offence for which the infringement notice was issued; ***penalty reminder notice*** has the same meaning as it has in the **Infringements Act 2006**; Sch. 3 Pt 1 cl. 2 def. of *penalty reminder notice fee* inserted by No. 59/2017 s. 109(2). ***penalty reminder notice fee*** has the same meaning as it has in the **Infringements Act 2006**; Sch. 3 Pt 1 cl. 2 def. of *prescribed costs* repealed by No. 59/2017 s. 109(1). ***registered amount*** means the amount registered by the registrar pursuant to clause 4 or if that amount is reduced by an enforcement order, that reduced amount; Sch. 3 Pt 1 cl. 2 def. of *registrar* substituted by No. 26/2012 s. 12, amended by No. 29/2016 s. 107(1)(a). ***registrar*** means principal registrar or registrar; Sch. 3 Pt 1 cl. 2 def. of *work and development permit* inserted by No. 29/2016 s. 107(1)(b), amended by No. 29/2016 s. 107(2). ***work and development permit*** has the same meaning as it has in the **Fines Reform Act 2014**. Part 2—Enforcement of infringement notices 3 Application for registration of infringement penalty (1) An enforcement agency may apply to have an infringement penalty registered by providing to a registrar— (a) a document in the form required by the regulations containing the details required by the regulations in relation to a child— (i) who has not paid an infringement penalty; or Sch. 3 Pt 2 cl. 3(1)(a)(ii) substituted by No. 47/2014 s. 253(1)(a). (ii) who has agreed to pay an infringement penalty by a payment plan under the **Infringements Act 2006** or a payment arrangement under the **Fines Reform Act 2014**, but who has subsequently defaulted on payment of that plan or that payment arrangement; or Sch. 3 Pt 2 cl. 3(1)(a)(iii) amended by Nos 29/2016 s. 108(a), 47/2014 s. 253(1)(b). (iii) who has made a part payment of an infringement penalty otherwise than under a payment plan under the **Infringements Act 2006** or a payment arrangement under the **Fines Reform Act 2014**, and has subsequently defaulted in making any further payment; or Sch. 3 Pt 2 cl. 3(1)(a)(iv) inserted by No. 29/2016 s. 108(b). (iv) who is not subject to a work and development permit; or Sch. 3 Pt 2 cl. 3(1)(a)(v) inserted by No. 29/2016 s. 108(b). (v) who was subject to a work and development permit but is no longer and the work and development permit is only partially completed; and (b) a certificate in the prescribed form signed by an appropriate officer and certifying that in respect of each child referred to in the document the requirements set out in subclause (2), and any other prescribed requirements, have been satisfied. (2) A certificate under subclause (1)(b) must certify that— (a) an infringement notice has been served on the child; and (b) a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; and (c) a period of at least 28 days has passed since the penalty reminder notice was served; and Sch. 3 Pt 2 cl. 3(2)(d) amended by No. 59/2017 s. 109(3). (d) the infringement penalty and any penalty reminder notice fee had not been paid, whether in full or in part, before the certificate was issued; and Sch. 3 Pt 2 cl. 3(2)(e) substituted by No. 47/2014 s. 253(2). (e) if a payment plan under the **Infringements Act 2006** or a payment arrangement under the **Fines Reform Act 2014** applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan or payment arrangement and a specified amount still remains to be paid under that payment plan or payment arrangement; and Sch. 3 Pt 2 cl. 3(2)(f) amended by Nos 59/2017 s. 109(3), 47/2014 s. 253(3). (f) if a part payment of the infringement penalty and penalty reminder notice fee has been made (otherwise than under a payment plan under the **Infringements Act 2006** or a payment arrangement under the **Fines Reform Act 2014**) but no further payment has been made and a specified amount still remains to be paid; and (g) the child has not, under Part 2 of the **Infringements Act 2006** elected to have the matter of the infringement offence heard and determined in the Court; and Sch. 3 Pt 2 cl. 3(2)(h) amended by No. 68/2009 s. 87(3)(a). (h) a charge-sheet in relation to the offence has not been filed; and Sch. 3 Pt 2 cl. 3(2)(i) amended by Nos 68/2009 s. 87(3)(a), 64/2010 s. 55. (i) a charge-sheet may still be filed in relation to the offence; and Sch. 3 Pt 2 cl. 3(2)(j) substituted by No. 81/2006 s. 31(2). (j) if the infringement notice was served under section 87 of the **Road Safety Act 1986**, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence; and Sch. 3 Pt 2 cl. 3(2)(k) substituted by No. 81/2006 s. 31(2). (k) if the infringement notice was issued in respect of an offence to which section 66 of the **Road Safety Act 1986** applies, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the motor vehicle or trailer involved in the offence; and Sch. 3 Pt 2 cl. 3(2)(l) substituted by Nos 81/2006 s. 31(2), 9/2008 s. 41. (l) if the infringement notice was issued in respect of an offence against section 73(1) of the **Melbourne City Link Act 1995**, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence; and Sch. 3 Pt 2 cl. 3(2)(m) substituted by No. 9/2008 s. 41, amended by No. 8/2019 s. 88(1). (m) if the infringement notice was issued in respect of an offence under section 204 of the **EastLink Project Act 2004**, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence; and Sch. 3 Pt 2 cl. 3(2)(n) inserted by No. 8/2019 s. 88(2), amended by No. 18/2020 s. 124(1)(a). (n) if the infringement notice was issued in respect of an offence under section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence; and Sch. 3 Pt 2 cl. 3(2)(o) inserted by No. 18/2020 s. 124(1)(b). (o) if the infringement notice was issued in respect of an offence against section 69(1) of the **North East Link Act 2020**, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the vehicle involved in the offence. 4 Registration of infringement penalty Sch. 3 Pt 2 cl. 4(1) amended by No. 59/2017 s. 109(4). (1) If it appears to the registrar from the certificate provided under clause 3(1)(b) that the requirements listed in clause 3(2) and any other prescribed requirements have been satisfied in relation to a child referred to in the document provided with the certificate, the registrar may register the infringement penalty or the part of the infringement penalty together with any penalty reminder notice fee for the purpose of enforcement under this Part. (2) The amount registered by the registrar pursuant to subclause (1) in respect of a child must not exceed the amount of a fine that the Court may impose under section 373. (3) Despite subclause (1), the registrar must not register an infringement penalty that is for an amount less than the amount, if any, specified by the regulations for the purposes of this subclause. Sch. 3 Pt 2 cl. 4A inserted by No. 29/2016 s. 109(1).