Fines Reform Act 2014

Division 2—Time served orders in respect of relevant infringement fines and relevant court fines 193

171AF Definitions 193

171A Application of the Director on behalf of person 193

171B Time served orders 196

171C Orders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount 197

171D Additional powers of the relevant court 200

171E Term of imprisonment including whether cumulative or concurrent 202

171F Contact details of person 203

171G Variation of instalment order 204

171H Application for rehearing in certain circumstances 204

171I Determination of rehearing 206

171J Application for bail pending rehearing 207

171K Person in custody 207

171L Waiver of additional fees and costs 207

Division 3—Enforcement and payment reports 208

172 Enforcement and payment report 208

173 Distribution of enforcement and payment report 210

Part 14A—Administrative services agreements 211

Division 1—Definitions 211

173A Definitions 211

Division 2—Agreements 211

173B Ministers may enter into administrative services agreements 211

173C Subject matter of administrative services agreement 212

173D Rights of access 214

173E Right of intervention in management 216

173F Audit rights 218

173G Status of documents 219

173H Unauthorised access to or interference with data 220

173I Confidentiality 221

Part 15—General 223

Division 1—Information collection 223

174 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines 223

175 Specified agency must comply unless certain cases apply 223

176 Restriction on Director and sheriff in relation to use of required information 224

177 Access to and use of information held by credit reporting bodies 224

178 Certain agencies may give information for enforcement purposes 225

Division 2—Service 226

179 Service of documents 226

180 Substituted service 229

181 Service deemed despite document being returned to sender 229

Division 3—Other matters 230

182 Police may assist sheriff 230

183 Police may exercise certain powers of the sheriff 230

184 Offence to give false information 230

184A Minor defects or errors in a notice 230

Division 4—Regulations 231

185 Regulations 231

Part 16—Transitional provisions 237

186 General transitional provision 237

186A Work and development permits applied for or approved under Infringements Act 2006 237

186B Variation or cancellation of work and development permit under Infringements Act 2006 237

186C Accredited agencies and accredited health practitioners accredited under Infringements Act 2006 238

186D Record-keeping under Infringements Act 2006 239

186E Work and development permit guidelines 239

187 Lodgeable infringement offences 240

188 Infringement penalties lodged under Infringements Act 2006 240

189 Enforcement orders made under Infringements Act 2006 240

190 Enforcement orders with revocation proceedings in progress 241

190A Enforcement orders after revocation proceedings 242

191 Payment orders under Infringements Act 2006 243

192 Unexecuted infringement warrants issued under Infringements Act 2006 243

192A Unexecuted infringement warrants and the family violence scheme 244

193 Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006 244

194 Transitional provision for proceeds of vehicles seized and sold 244

195 Attachment of earnings order 244

196 Attachment of debts order 245

197 Suspension of driver licences and vehicle registration 246

198 Community work permits 246

199 Imprisonment 246

200 Transitional provision for pre‑commencement court fines 247

201 Superseded references 248

201A Request and application made under section 161A of the Infringements Act 2006 248

201B Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989 249

201C Transitional provision—Youth Justice Act 2024 249

Part 17—Amendment of Infringements Act 2006 251

Division 1—Amendment of preliminary provisions 251

203 Amendment of purposes 251

204 Definitions 251

206 Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009 252

207 Infringement offences to which this Act applies 252

Division 2—Infringement notices 253

208 Service of infringement notice 253

209 Payment to be within time specified 253

210 Late payment 253

211 Person may elect to have matter heard in Court or Children's Court 253

212 Enforcement agency can refer matter to Court or Children's Court 254

213 Withdrawal of infringement notice 255

Division 3—Internal reviews 256

215 Application for internal review 256

217 What can an enforcement agency decide on review? 257

219 Penalty reminder notices 259

225 Heading to Division 7 of Part 2 amended 259

226 Decision to go to Court—lodgeable infringement offences 259

227 Going to Court—indictable offences 260

228 Avoiding service 260

Division 4—Payment plans 260

229 Establishment of the central payment plan facility 260

230 Payment plans available in certain circumstances 260

231 Payment plans 262

232 Section 48 substituted 262

233 Payment plans—additions, removals and cancellations 263

234 New sections 49A and 49B inserted 263

235 Allocation of money received under payment plan 264

236 Provision of current contact details 265

237 Section 52 substituted and new section 52A inserted 265

238 Section 53 amended 267

239 Guidelines 267

239A Oversight and monitoring by Secretary 267

239B Recommendations to enforcement agencies 268

239C Reports and recommendations to Attorney-General 268

Division 5—Repeals and further consequential amendments 268

240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed 268

241 Service of documents 269

242 Service deemed despite document being returned to sender 269

243 Sections 164, 165 and 166 repealed 269

244 Regulations—provisions repealed 269

246 Sections 190, 191, 205, 206 and 209A repealed 269

247 New Division 3 inserted into Part 16 270

Part 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 274

248 Definition 274

249 Requests made to Director before commencement day 274

250 Applications made under section 171A(2)(a) but not determined 275

═══════════════

Endnotes 277

1 General information 277

2 Table of Amendments 279

3 Explanatory details 282

Version No. 032

Fines Reform Act 2014

No. 47 of 2014

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the appointment, powers and functions of the Director, Fines Victoria; and

(b) to provide for the collection of court fines and infringement fines by the Director, Fines Victoria; and

(c) to provide for the enforcement of court fines and infringement fines under one Act; and

(d) to make amendments to the Infringements Act 2006 and the Sheriff Act 2009 and to make consequential amendments to other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

S. 2(2) amended by Nos 29/2016 s. 3, 59/2017 s. 68.

(2) If a provision of this Act does not come into operation before 31 May 2018, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of accredited agency substituted by No. 29/2016 s. 4(2)(a).

accredited agency means an organisation accredited under Part 2A to provide a work and development permit under that Part;

A health practice is an example of an organisation that might apply to become an accredited agency.

S. 3 def. of accredited health practitioner substituted by No. 29/2016 s. 4(2)(b).

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;

attachment of debts direction means a direction made under section 78;

attachment of debts threshold means the prescribed minimum amount for the purposes of an attachment of debts direction;

attachment of earnings direction means a direction made under section 65;

attachment of earnings threshold means the prescribed minimum amount for the purposes of an attachment of earnings direction;

S. 3 def. of authorised address inserted by No. 59/2017 s. 69(1).

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;

S. 3 def. of bank repealed by No. 59/2017 s. 69(3)(a).

S. 3 def. of child substituted by No. 32/2024 s. 830.

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—

(a) an infringement penalty is registered under section 16; or

(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;

It 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.

S. 3 def. of collection and enforcement order inserted by No. 59/2017 s. 10(1).

collection and enforcement order means an order of a court made—

(a) in respect of an outstanding registered infringement fine under—

(i) section 165(1)(b); or

(ii) sections 165(1)(b) and 165A(1)(a); or

(iii) sections 165(1)(b) and 165A(1)(b); or

(iv) section 165(3)(b); or

(v) section 165(3)(c); or

(b) in respect of an outstanding registered court fine under—

(i) section 69G(2)(b) of the Sentencing Act 1991; or

(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

(iii) section 69H(2)(ca), (cb) or (d) of the Sentencing Act 1991;

S. 3 def. of collection fee inserted by No. 59/2017 s. 69(1).

collection fee means the fee prescribed under section 23(3);

S. 3 def. of collection order inserted by No. 59/2017 s. 10(1).

collection order means an order of a court made—

(a) in respect of an outstanding registered infringement fine under—

(i) sections 165(1)(c) and 165A(2)(b); or

(ii) sections 165(3)(e) and 165A(2)(b); or

(b) in respect of an outstanding registered court fine under—

(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

(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

(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;

community corrections centre means a community corrections centre established under Part 9 of the Corrections Act 1986;

community corrections officer means a community corrections officer appointed under Part 4 of the Corrections Act 1986;

community work permit means a permit under Part 13;

co-operative means a body registered or deemed to be registered under the Co-operatives National Law (Victoria) as a co-operative;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 39.1(a)).

Council has the same meaning as it has in the Local Government Act 2020;

court fine means a fine—

(a) within the meaning of the Sentencing Act 1991; or

(b) imposed on an offender by a court in accordance with any other Act;

court fine collection statement means a statement under section 14;

credit information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

credit reporting body has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

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;

declared director notice means a notice under section 29(3);

deregistered body corporate means—

(a) in relation to a company within the meaning of the Corporations Act, deregistered under Chapter 5A of that Act; and

(b) in relation to any other body corporate, deregistered in a way that results in the body corporate ceasing to exist;

detention or immobilisation notice means a notice issued under section 130(1);

Director means the person employed as Director, Fines Victoria under section 4;

S. 3 def. of driver and vehicle sanction amended by No. 49/2019 s. 186(Sch. 4 item 20.1(a)).

driver and vehicle sanction means a sanction that the Director has directed the Transport Secretary to impose under section 89;

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;

S. 3 def. of eligible person inserted by No. 29/2016 s. 4(1), substituted by No. 17/2022 s. 27.

eligible person has the meaning given by section 10AA;

enforcement agency has the same meaning as it has in the Infringements Act 2006;

enforcement and payment report means a report under section 172;

enforcement cancellation means a decision by the Director under section 37(1)(b);

S. 3 def. of enforcement costs repealed by No. 59/2017 s. 69(3)(b).

S. 3 def. of enforcement hearing order inserted by No. 59/2017 s. 10(1).

enforcement hearing order means either or both of the following—

(a) a collection order;

(b) a collection and enforcement order;

S. 3 def. of enforcement hearing order statement inserted by No. 59/2017 s. 10(1).

enforcement hearing order statement means a statement under section 15C;

enforcement review means a review by the Director under section 35;

S. 3 def. of enforcement suspension period inserted by No. 59/2017 s. 3.

enforcement suspension period means the period that the Director suspends enforcement of an operator onus offence under section 10V(3);

enforcement warrant means a warrant issued under Part 10;

S. 3 def. of enforcement warrant fee amended by No. 59/2017 s. 69(2)(a).

enforcement warrant fee means the fee prescribed under section 107;

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;

S. 3 def. of family violence inserted by No. 59/2017 s. 3.

family violence has the same meaning as it has in section 5 of the Family Violence Protection Act 2008;

fine means either or both of the following—

(a) an infringement fine;

(b) a court fine;

S. 3 def. of fine defaulter substituted by No. 59/2017 s. 10(2).

fine defaulter means a person, including a declared director in respect of whom a notice of final demand has been served, who owes—

(a) an outstanding amount under a registered fine; or

(b) an outstanding amount under a registered collection and enforcement order—

but 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;

S. 3 def. of fine related sentence inserted by No. 29/2016 s. 4(1).

fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person because of—

(a) an order under section 165; or

(b) being in default of—

(i) an instalment order; or

(ii) the payment of a fine;

S. 3 def. of fines application inserted by No. 59/2017 s. 69(1), amended by No. 53/2021 s. 37.

fines application means an application made by a person—

(a) for an FVS application; or

(ab) under section 165CZ(1) of the Public Health and Wellbeing Act 2008; or

(b) for internal review under Division 3 of Part 2 of the Infringements Act 2006; or

(c) for a payment plan under Division 2 of Part 3 of the Infringements Act 2006; or

(d) for a work and development permit; or

(e) for enforcement review; or

(f) for a payment arrangement;

S. 3 def. of FVS applicant inserted by No. 59/2017 s. 3.

FVS applicant means a natural person who makes an FVS application;

S. 3 def. of FVS application inserted by No. 59/2017 s. 3.

FVS application means an application made under section 10M;

S. 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).

FVS eligible offence means an infringement offence, but does not include any of the following—

(a) a non-registrable infringement offence;

(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;

(d) an infringement offence against section 61A or 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

(e) an infringement offence prescribed not to be an FVS eligible offence;

S. 3 def. of FVS eligible person inserted by No. 59/2017 s. 3.

FVS eligible person means a natural person who the Director determines is eligible for the family violence scheme under section 10T;

garnishee means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter;

S. 3 def. of health practitioner inserted by No. 29/2016 s. 4(1).

health practitioner means—

(a) a registered medical practitioner; or

(b) a registered psychologist; or

(c) a nurse;

identification information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

infringement confirmation means a decision by the Director under section 37(1)(a);

S. 3 def. of infringement fine amended by No. 59/2017 s. 69(2)(b).

infringement fine means an infringement penalty and any penalty reminder notice fee;

infringement notice has the same meaning as it has in the Infringements Act 2006;

infringement offence has the same meaning as it has in the Infringements Act 2006;

infringement offender means a natural person against whom an enforcement warrant is executed in respect of one or more registered infringement fines;

infringement penalty has the same meaning as it has in the Infringements Act 2006;

S. 3 def. of instalment order amended by No. 29/2016 s. 4(3).

instalment order means—

(a) an instalment order within the meaning of the Sentencing Act 1991; and

(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);

internal review has the same meaning as it has in the Infringements Act 2006;

land charge means a charge on land under section 97;

land sale order means an order of the Supreme Court under section 102;

law enforcement agency has the same meaning as in the Surveillance Devices Act 1999;

S. 3 def. of local law amended by No. 9/2020 s. 390(Sch. 1 item 39.1(b)).

local law means a local law made under Division 3 of Part 3 of the Local Government Act 2020;

motor vehicle has the same meaning as it has in the Road Safety Act 1986;

S. 3 def. of non-fine related sentence inserted by No. 29/2016 s. 4(1).

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;

non-registrable infringement offence means—

(a) an infringement offence that has been prescribed as ineligible for registration; or

(b) an offence against a local law, other than a parking infringement;

notice of an attachment of earnings direction means a notice under section 66;

notice of final demand means a notice issued by the Director under section 23;

notice of intention to charge land means a notice under section 95;

notice of intention to sell charged land means a notice under section 101;

S. 3 def. of nurse inserted by No. 29/2016 s. 4(1).

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);

official warning has the same meaning as it has in the Infringements Act 2006;

parking infringement has the same meaning as it has in the Road Safety Act 1986;

payment arrangement means an arrangement to pay a fine entered into under Part 5;

payment plan means a payment plan under Part 3 of the Infringements Act 2006;

penalty reminder notice means a notice served under section 29 of the Infringements Act 2006;

S. 3 def. of penalty reminder notice fee inserted by No. 59/2017 s. 69(1).

penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;

police officer has the same meaning as it has in the Victoria Police Act 2013;

production of information direction means a direction made under section 59;

public sector body has the same meaning as it has in the Public Administration Act 2004;

S. 3 def. of registered collection and enforcement order inserted by No. 59/2017 s. 10(1).

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);

S. 3 def. of registered court fine amended by Nos 59/2017 s. 69(2)(c), 17/2022 s. 3(1).

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);

registered fine means either or both of the following—

(a) a registered court fine;

(b) a registered infringement fine;

S. 3 def. of registered infringement fine amended by No. 59/2017 s. 69(2)(d).

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);

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;

S. 3 def. of registered psychologist inserted by No. 29/2016 s. 4(1).

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

registrar means a registrar within the meaning of the Magistrates' Court Act 1989;

S. 3 def. of registration fee inserted by No. 59/2017 s. 69(1).

registration fee means the fee prescribed under—

(a) section 15(2);

(b) section 16(3);

relevant information, in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information;

S. 3 def. of required information amended by No. 17/2022 s. 3(2).

required information in Division 1 of Part 15, in relation to a person—

(a) in respect of whom a notice of final demand has been served; or

(b) in respect of whom an enforcement warrant has been received and is to be executed by the sheriff; or

(c) whose property is the subject of an enforcement warrant received and to be executed by the sheriff—

means the name, date of birth, telephone number, email address and last known address of the person that is held by a specified agency;

responsible person has the same meaning at it has in Part 6AA of the Road Safety Act 1986;

Secretary means the Secretary to the Department of Justice;

sentencing court has the same meaning as it has in the Sentencing Act 1991;

seven-day notice means a notice served under section 119;

sheriff, in Part 13, includes a person to whom the sheriff has given a direction under section 115(5);

special circumstances has the same meaning as it has in the Infringements Act 2006;

specified agency means—

(a) a public sector body; or

(b) a Council; or

(c) a prescribed organisation;

statement of financial circumstances means a statement required to be given to the Director under section 59;

S. 3 def. of time served order inserted by No. 29/2016 s. 4(1).

time served order means an order made by the Magistrates' Court under section 171B(1);

S. 3 def. of time to pay order substituted by No. 29/2016 s. 4(2)(c).

time to pay order means—

(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

(b) a time to pay order made under section 165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);

traffic infringement has the same meaning as it has in the Road Safety Act 1986;

S. 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).

Transport Secretary means the Secretary to the Department of Transport and Planning;

vehicle has the same meaning as it has in the Road Safety Act 1986;

vehicle seizure and sale notice means a notice under section 132(2);

S. 3 def. of VicRoads repealed by No. 49/2019 s. 186(Sch. 4 item 20.1(c)).

S. 3 def. of Victoria Police inserted by No. 59/2017 s. 69(1).

Victoria Police has the same meaning as it has in the Victoria Police Act 2013;

S. 3 def. of work and development permit substituted by No. 29/2016 s. 4(2)(d).

work and development permit means a permit referred to in section 10A;

S. 3 def. of work and development permit guidelines inserted by No. 29/2016 s. 4(1).

work and development permit guidelines means the guidelines prepared by the Attorney‑General under section 10L.

S. 3A inserted by No. 17/2022 s. 4.

3A Objectives

The objectives of this Act are—

(a) to provide for the centralised collection and enforcement of infringement fines and court fines by an administrative entity; and

(b) to strengthen enforcement mechanisms to better deter people that would otherwise avoid paying their fines; and

(c) to support vulnerable people with fines; and

(d) to enhance review and oversight processes—

(i) to ensure that the infringements system operates fairly and transparently; and

(ii) to reduce the burden on the courts system.

Part 2—Director, Fines Victoria

4 Director, Fines Victoria

There is to be a Director, Fines Victoria employed under Part 3 of the Public Administration Act 2004.

5 Functions and powers of the Director

The Director has the following functions—

(a) to enforce registered infringement fines;

(b) to manage the collection of court fines;

(c) to enforce registered court fines;

(d) to oversee, monitor and report on the infringement activity of enforcement agencies and the operation of internal review processes;

(e) to manage the payment of infringement penalties and fines by payment arrangements for natural persons and bodies corporate;

(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;

(g) to issue work and development permits to eligible persons who have been served with infringement notices;

(h) to manage and monitor the operation of the work and development permit scheme;

S. 5(haa) inserted by No. 17/2022 s. 5.

(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;

S. 5(ha) inserted by No. 59/2017 s. 4.

(ha) to manage and monitor the operation of the family violence scheme;

S. 5(hb) inserted by No. 59/2017 s. 4.

(hb) to determine FVS applications;

S. 5(hc) inserted by No. 53/2021 s. 38.

(hc) to perform functions under Part 8B of the Public Health and Wellbeing Act 2008;

(i) to accredit organisations and qualified health practitioners for the purposes of the work and development permit scheme;

(j) to monitor the conduct of accredited agencies and accredited health practitioners accredited for the purposes of the work and development permit scheme;

S. 5(ja) inserted by No. 11/2021 s. 183.

(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;

(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.

6 Powers of the Director

The 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.

7 Staff

There 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.

8 Delegation

S. 8(1) amended by No. 53/2021 s. 39(1).

(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.

S. 8(2) amended by No. 53/2021 s. 39(2).

(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.

S. 8(2A) inserted by No. 53/2021 s. 39(3).

(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

(3) A delegation under this section must be—

(a) by instrument; and

(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.

9 Powers to waive or reduce costs or fees

S. 9(1) amended by No. 59/2017 s. 70(1).

(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.

(2) A waiver or reduction under subsection (1) may be—

(a) in whole or in part; and

(b) in respect of certain matters or classes of matters; and

(c) in respect of certain persons or classes of persons; and

(d) subject to specified conditions.

S. 9(3) amended by No. 59/2017 s. 70(2).

(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.

S. 9(4) substituted by No. 29/2016 s. 5.

(4) If the Director reduces costs or fees under subsection (1), the reduced amount must be paid—

(a) within 21 days; or

(b) if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement.

S. 9(5) inserted by No. 29/2016 s. 5, amended by No. 59/2017 s. 70(3).

(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).

10 Director has standing to appear or be represented at certain hearings

(1) Subject to subsection (3), the Director is entitled to appear or be represented and to give evidence at the hearing of the following—

(a) an application under section 30 challenging being a declared director;

(b) a proceeding under section 165;

(c) a proceeding under Part 3B of the Sentencing Act 1991, unless the court orders otherwise.

(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.

(3) The absence of the Director or the Director's representative does not prevent a court from making any order.

(4) Nothing in this section requires the Director to appear or be represented at a hearing referred to in subsection (1).

Pt 2A (Heading and ss 10A–10L) inserted by No. 29/2016 s. 6.

Part 2A—Work and development permits

S. 10AA inserted by No. 17/2022 s. 28.

**10AA Meaning of *eligible person***

(1) In this Part, eligible person means a person—

(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

(b) in respect of whom at least one paragraph in subsection (2) applies.

(2) For the purposes of subsection (1)(b), the following paragraphs are specified—

(a) the person has a mental or intellectual disability, disorder or illness;

(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;

(c) the person is experiencing homelessness in accordance with the prescribed criteria (if any);

(d) the person is experiencing acute financial hardship;

(e) the person is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008.

The 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.

S. 10A inserted by No. 29/2016 s. 6, amended by No. 17/2022 s. 29.

10A Work and development permits

A 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—

(a) participating in unpaid work under the supervision of an accredited agency; or

(b) completing a suitable course, including educational, vocational or life skills courses; or

(c) undergoing treatment given by an accredited health practitioner; or

(d) receiving financial or other types of counselling; or

(e) in the case of an eligible person under the age of 25 years, participating in a mentoring program.

S. 10B inserted by No. 29/2016 s. 6.

10B Application for work and development permit

(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.

(2) An application under subsection (1) must not be made if—

(a) the seven-day notice has expired; or

S. 10B(2)(ab) inserted by No. 59/2017 s. 71.

(ab) the eligible person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009; or

(b) an attachment of earnings direction or an attachment of debts direction has been made; or

(c) a land charge has been recorded; or

(d) property has been seized under a vehicle seizure and sale notice; or

(e) an infringement fine has been paid; or

(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.

(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.

(4) An application under subsection (1) must specify—

(a) the name and address of the eligible person; and

(b) as appropriate—

(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

(ii) the accredited health practitioner making the application; and

S. 10B(4)(c) amended by No. 17/2022 s. 30(1).

(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

(d) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and

(e) a proposed time for the completion of those activities.

S. 10B(5) substituted by No. 17/2022 s. 30(2).

(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—

(a) any outstanding infringement fines under the work and development permit;

(b) any registered collection and enforcement orders in relation to registered infringement fines under the work and development permit.

S. 10C inserted by No. 29/2016 s. 6.

10C Approval of work and development permit

The 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.

S. 10D inserted by No. 29/2016 s. 6.

10D Effect of work and development permit

S. 10D(1) amended by No. 17/2022 s. 31(1).

(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—

(a) the eligible person completes the work and development permit; or

S. 10D(1)(ab) inserted by No. 17/2022 s. 6(1).

(ab) the eligible person partially completes the work and development permit; or

(b) the work and development permit is cancelled.

S. 10D(2) amended by No. 17/2022 s. 31(2).

(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.

S. 10D(3) amended by No. 59/2017 s. 72, repealed by No. 17/2022 s. 6(2).

S. 10D(4) amended by No. 17/2022 s. 31(3).

(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.

S. 10D(5) repealed by No. 17/2022 s. 6(3).

S. 10E inserted by No. 29/2016 s. 6.

10E Variation or cancellation of work and development permit

(1) The Director may vary (including by suspension) or cancel a work and development permit—

(a) on the request of a person specified in subsection (2); or

(b) on the Director's own motion.

(2) A request under subsection (1)(a) may be made by—

(a) the person who is subject to the work and development permit or another person on that person's behalf; or

(b) the accredited agency or accredited health practitioner supervising the activity, course or treatment.

(3) The Director may vary a work and development permit under subsection (1) by suspending it for a specified period if—

(a) the person who is subject to the work and development permit is ill; or

(b) other exceptional circumstances exist.

S. 10F inserted by No. 29/2016 s. 6.

10F Infringement fine may be waived in limited circumstances

S. 10F(1) amended by No. 17/2022 ss 7(1), 32(1).

(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.

S. 10F(2) amended by No. 17/2022 s. 32(2)(a).

(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—

S. 10F(2)(a) amended by No. 17/2022 s. 32(2)(b).

(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

(b) the eligible person has complied with, or has attempted to comply with, a work and development permit.

S. 10F(3) amended by No. 17/2022 s. 7(2).

(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.

S. 10F(4) amended by No. 17/2022 ss 7(3), 32(3).

(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—

(a) the eligible person; and

(b) the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and

(c) the enforcement agency that issued the infringement notice.

(5) A notice under subsection (4) must specify—

S. 10F(5)(a) substituted by No. 17/2022 s. 32(4).

(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

(b) that the eligible person has expiated the offence.

S. 10FA inserted by No. 17/2022 s. 8.

10FA Work and development permit may extend period for commencing proceeding for offence

(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—

(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;

(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.

(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.

S. 10G inserted by No. 29/2016 s. 6.

10G Accredited agencies

(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.

(2) An application under subsection (1) must—

(a) be made in accordance with the work and development permit guidelines; and

(b) include the prescribed particulars (if any).

(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.

(4) An accreditation issued under this section is subject to—

(a) any conditions specified in the accreditation; and

(b) any prescribed conditions.

S. 10H inserted by No. 29/2016 s. 6.

10H Accredited health practitioners

(1) A qualified health practitioner may apply to the Director to become an accredited health practitioner.

(2) An application under subsection (1) must—

(a) be made in accordance with the work and development permit guidelines; and

(b) include the prescribed particulars (if any).

(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.

(4) An accreditation issued under this section is subject to—

(a) any conditions specified in the accreditation; and

(b) any prescribed conditions.

S. 10I inserted by No. 29/2016 s. 6.

10I Monitoring of accredited agencies and accredited health practitioners

The Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is—

(a) keeping all relevant records in accordance with section 10J; and

(b) complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and

(c) complying with any requirements under this Act, the regulations or the work and development permit guidelines.

S. 10J inserted by No. 29/2016 s. 6.

10J Record-keeping by accredited agencies and accredited health practitioners

(1) An accredited agency or accredited health practitioner must—

(a) keep a record of all relevant information relating to—

(i) any work and development permit for which the accredited agency or accredited health practitioner is responsible; and

(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

(b) keep any prescribed information.

(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).

(3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2).

S. 10K inserted by No. 29/2016 s. 6.

10K Accreditation may be cancelled or surrendered

(1) The Director may cancel the accreditation of an accredited agency or accredited health practitioner if—

(a) the accredited agency or accredited health practitioner fails to comply with section 10J(2); or

(b) the Director otherwise considers it necessary to do so.

(2) An accredited agency may surrender its accreditation at any time by written notification to the Director.

(3) An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Director.

(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—

(a) by an organisation, that the organisation has had its accreditation cancelled or has surrendered its accreditation to the Director; or

(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.

S. 10L inserted by No. 29/2016 s. 6.

10L Work and development permit guidelines

(1) For the purposes of this Part, the Attorney‑General must make guidelines specifying—

(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

S. 10L(1)(ab) inserted by No. 17/2022 s. 33(1).

(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

S. 10L(1)(b) amended by No. 17/2022 s. 33(2).

(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

(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

(d) the information and any documents required to be included in any application to become an accredited agency or accredited health practitioner; and

(e) the details to be included in any proposed work and development permit to be approved by the Director; and

(f) any other matter the Attorney-General considers appropriate for inclusion in the guidelines.

(2) The Attorney-General—

(a) must cause the work and development permit guidelines to be published in the Government Gazette; and

(b) may publish the work and development permit guidelines on the Internet.

(3) The work and development permit guidelines take effect—

(a) on the date of publication in the Government Gazette; or

(b) on a later date specified in the guidelines.

Pt 2B (Headings and ss 10M–10Z) inserted by No. 59/2017 s. 5.

Part 2B—Family violence scheme

Division 1—Family violence scheme applications

S. 10M inserted by No. 59/2017 s. 5.

10M FVS application

(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.

(2) An FVS application may be made by a person acting on behalf of the FVS applicant.

(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).

Note to s. 10M(3) substituted by No. 53/2021 s. 57.

See section 3A(1)(d) of the Infringements Act 2006.

S. 10N inserted by No. 59/2017 s. 5.

10N Form of FVS application

An FVS application must—

(b) state the grounds on which the application is made; and

(c) provide the FVS applicant's address for service; and

(d) refer to the infringement fine to which the application relates; and

(e) include any other prescribed information.

S. 10O (Heading) amended by No. 17/2022 s. 9(1).

S. 10O inserted by No. 59/2017 s. 5.

10O FVS application to be made before certain events

An FVS application must be made before any of the following occur in respect of the infringement offence referred to in the application—

(a) a seven-day notice has expired;

(b) an attachment of earnings direction or an attachment of debts direction has been made;

(c) a land charge has been recorded;

(d) property has been seized under a vehicle seizure and sale notice;

S. 10O(e) amended by No. 17/2022 s. 9(2)(a).

(e) the infringement fine has been paid;

S. 10O(f) inserted by No. 17/2022 s. 9(2)(b).

(f) the hearing and determination of the matter of the infringement offence in a court following—

(i) the election of a person to have the matter heard and determined in the court; or

(ii) the referral of the matter to the court by an enforcement agency.

S. 10P inserted by No. 59/2017 s. 5.

10P Additional eligible infringement offence during FVS application

(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.

(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.

S. 10Q inserted by No. 59/2017 s. 5.

10Q Request for additional information

(1) The Director by written request may request an FVS applicant to provide any additional information the Director requires to determine the FVS application.

(2) The FVS applicant—

(a) must provide the additional information requested by the Director under subsection (1) within 14 days of service of the request; or

(b) may request, in writing, an extension of time to provide the additional information, if additional time is required.

(3) If an FVS applicant requests additional time under subsection (2)(b), the Director may—

(a) grant an extension of time not exceeding 3 months from the service of the original request for that information to be provided; or

(b) refuse to extend the time for the provision of the additional information.

(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.

(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—

(a) may determine the FVS application without the additional information; or

(b) if the FVS applicant provides the additional information to the Director out of time, the Director may—

(i) accept that late information; and

(ii) determine the FVS application with that late information.

S. 10R inserted by No. 59/2017 s. 5.

10R Verification of information supplied in FVS application

(1) The Director may specify how any information supplied to it in an FVS application is to be verified.

(2) Without limiting subsection (1), the Director may require that information be supplied in the form of, or be verified by, a statutory declaration.

S. 10S inserted by No. 59/2017 s. 5.

10S Suspension of enforcement action for infringement offence the subject of FVS application

(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.

(2) A direction under subsection (1) must—

(a) include notice of—

(i) the FVS application; and

(ii) the suspension of enforcement action; and

(b) specify that enforcement action against the FVS applicant is suspended for the period specified in the direction.

(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—

(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

(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).

(4) Enforcement action for an infringement offence committed by an FVS applicant after an FVS application is made is not suspended, unless—

(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

(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.

Division 2—Determination of FVS application

S. 10T inserted by No. 59/2017 s. 5.

10T Determination of FVS eligible person

(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—

(a) the FVS applicant was served with an infringement notice in relation to the FVS eligible offence; and

(b) the FVS applicant is a victim of family violence; and

(c) either—

(i) the family violence substantially contributed to the FVS applicant being unable to control the conduct that constituted the FVS eligible offence; or

(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—

(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

(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.

(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.

(3) The Director must serve written notice on the FVS applicant of the determination that—

(a) the FVS applicant is an FVS eligible person in respect of the relevant FVS eligible offence; or

(b) the FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence.

(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.

Division 3—FVS eligible persons

S. 10U inserted by No. 59/2017 s. 5.

10U Cancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person

(1) Within 21 days of determining that an FVS applicant is an FVS eligible person, the Director must—

(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

(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

(c) direct the enforcement agency to—

(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

(ii) take no further action in relation to the FVS eligible offence.

(2) An enforcement agency that receives a direction under subsection (1)(c) must—

(a) withdraw the infringement notice within 28 days of receiving the direction; and

(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

(3) Subsection (1) does not apply to an FVS eligible offence to which section 10V applies.

S. 10V inserted by No. 59/2017 s. 5.

10V Suspension of enforcement of operator onus offence in relation to FVS eligible person

(1) This section applies if—

(a) an FVS eligible offence is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986; and

(b) the FVS eligible person was—

(i) the operator (within the meaning of Part 6AA of the Road Safety Act 1986) of a motor vehicle; and

(ii) not the driver, or in possession or control of that motor vehicle at the time of the offence.

(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.

(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.

(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.

(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.

(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.

(7) In the circumstances referred to in subsection (8), the Director must—

(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

(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

(c) direct the enforcement agency to—

(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

(ii) take no further action in relation to the FVS eligible offence; and

(d) notify the FVS eligible person of any action the Director takes under this subsection.

(8) For the purposes of subsection (7), the specified circumstances are—

(a) the Director has not received a written request from the FVS eligible person referred to in subsection (2); or

(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).

(9) An enforcement agency that receives a direction under subsection (7)(c) must—

(a) withdraw the infringement notice within 28 days of receiving the direction; and

(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

Division 4—FVS ineligible persons

S. 10W inserted by No. 59/2017 s. 5.

10W FVS applicant ineligible for family violence scheme

(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.

(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—

(a) pay the fine, and subject to subsection (3), any related fees; or

(b) take any other action in relation to the fine which the person may take under this Act or the Infringements Act 2006.

(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.

S. 10W(4) amended by No. 17/2022 s. 10.

(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.

(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.

(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.

Division 5—Referral of infringement offence to enforcement agency

S. 10X inserted by No. 59/2017 s. 5.

10X Director may refer infringement offence in FVS application to enforcement agency

(1) This section applies whether or not a person is an FVS eligible person.

(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.

(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—

(a) the number, frequency and nature of the FVS applicant's offences;

(b) whether, in relation to each offence—

(i) family violence substantially contributed to the FVS applicant being unable to control the conduct that constitutes the offence; or

(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;

(c) other FVS applications the FVS applicant has previously made.

(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.

S. 10Y inserted by No. 59/2017 s. 5.

10Y Enforcement agency may prosecute or withdraw infringement notice

(1) An enforcement agency to which the Director refers an infringement offence under section 10X(2) may—

(a) withdraw the infringement notice by issuing a withdrawal notice under section 19 of the Infringements Act 2006 and—

(i) take no further action against the person; or

(ii) issue an official warning to the person; or

(b) file a charge-sheet charging the offence alleged to have been committed.

(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.

(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.

Division 6—Review of family violence scheme

S. 10Z inserted by No. 59/2017 s. 5.

10Z Review of FVS

(1) The Minister must cause a review of the operation of the family violence scheme in this Part to be undertaken.

(2) The review must commence no later than 2 years after the commencement of the operation of the family violence scheme.

(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.

(4) The person appointed by the Minister to conduct the review must provide a written report to the Minister.

Part 3—Management for collection and enforcement of fines by Director

Division 1—Application of Part

11 Part does not apply to children

This Part does not apply to an infringement notice issued in respect of a child.

See Schedule 3 to the Children, Youth and Families Act 2005.

Division 2—Referral for collection and registration of court fines

12 Division does not derogate from Sentencing Act 1991

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

13 Referral for collection of court fine by Director

(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.

S. 13(1A) inserted by No. 17/2022 s. 34.

(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.

S. 13(2) amended by No. 29/2016 s. 7.

(2) If a court makes an order imposing a court fine referred to in subsection (1), the offender may—

(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

(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.

(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.

(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.

14 Court fine collection statement

(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.

(2) A court fine collection statement must—

(b) specify—

S. 14(2)(b)(i) substituted by No. 17/2022 s. 35.

(i) the details of the court fine imposed on the offender; and

S. 14(2)(b)(ii) substituted by No. 17/2022 s. 35.

(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

(iii) any prescribed details; and

(c) include a summary of the enforcement action available under this Act if the court fine is registered.

S. 15 amended by No. 59/2017 s. 73(2) (ILA s. 39B(1)).

15 Registration of court fine for enforcement

(1) Unless a court otherwise orders, a court fine is registered with the Director for enforcement if an offender—

S. 15(1)(a) amended by No. 59/2017 s. 73(1).

(a) fails to pay the court fine as required by the order; or

(b) fails to comply with the terms of the instalment order or time to pay order; or

(c) fails to comply with the payment arrangement where the court fine is included in a payment arrangement.

S. 15(2) inserted by No. 59/2017 s. 73(2).

(2) On the registration of the court fine the prescribed fee is payable by the enforcement agency.

Note to s. 15 inserted by No. 29/2016 s. 8.

See 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.

Pt 3 Div. 2A (Heading and ss 15A–15E) inserted by No. 59/2017 s. 11.

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

S. 15A inserted by No. 59/2017 s. 11.

15A Division does not derogate from Sentencing Act 1991

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

S. 15B inserted by No. 59/2017 s. 11.

15B Referral of enforcement hearing orders to Director for collection

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

S. 15B(1A) inserted by No. 17/2022 s. 36(1).

(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.

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

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

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

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

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

Note to s. 15B inserted by No. 17/2022 s. 36(2).

See 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.

S. 15C inserted by No. 59/2017 s. 11.

15C Enforcement hearing order statement

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

(2) An enforcement hearing order statement must—

(b) specify—

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

(ii) any prescribed details; and

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

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

S. 15D inserted by No. 59/2017 s. 11.

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

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

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

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

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

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

S. 15E inserted by No. 59/2017 s. 11.

15E Registration of collection and enforcement order

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

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

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

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

Division 3—Registration of infringement fines for enforcement

16 Registration of infringement fine with Director

(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—

(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

(b) the infringement fine is not less than the prescribed minimum infringement fine amount; and

(c) the criteria set out in subsection (2) are satisfied.

(2) For the purposes of subsection (1)(c), the criteria are the following—

(a) a penalty reminder notice has been served on a person;

(b) the period specified in the penalty reminder notice for payment under the penalty reminder notice has passed;

(c) full payment of the infringement fine has not been received by the enforcement agency;

(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;

S. 16(2)(da) inserted by No. 29/2016 s. 9.

(da) a person is not subject to a work and development permit;

(e) the enforcement agency has not—

(i) filed a charge-sheet charging the offence alleged to have been committed; or

(ii) referred the matter to the Magistrates' Court under section 17 of the Infringements Act 2006;

(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;

(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;

(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;

S. 16(2)(i) amended by No. 8/2019 s. 106(1).

(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;

S. 16(2)(j) inserted by No. 8/2019 s. 106(2), amended by No. 18/2020 s. 129(a).

(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;

S. 16(2)(k) inserted by No. 18/2020 s. 129(b).

(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.

S. 16(2A) inserted by No. 17/2022 s. 37.

(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.

S. 16(3) inserted by No. 59/2017 s. 74.

(3) On the registration of the infringement fine the prescribed fee is payable by the enforcement agency.

17 Extended period for registration

The time period within which an infringement fine in respect of an infringement offence must be registered is as follows—

(a) no more than 6 months after the date of the offence alleged to have been committed;

(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;

S. 17(ba) inserted by No. 17/2022 s. 11(1).

(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;

S. 17(c) amended by No. 9/2020 s. 390(Sch. 1 item 39.2).

(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;

S. 17(ca) inserted by No. 53/2021 s. 40.

(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

(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;

(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;

(f) if a payment plan—

(i) is cancelled by the person to whom the payment plan applies, no more than 6 months after the plan is cancelled; or

(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;

S. 17(fa) inserted by No. 17/2022 s. 11(2).

(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;

(g) if a payment arrangement —

(i) is cancelled by the person to whom the payment arrangement applies, no more than 6 months after the arrangement is cancelled; or

(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

(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;

S. 17(h) amended by No. 17/2022 s. 11(3).

(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;

S. 17(i) amended by Nos 8/2019 s. 107(1), 18/2020 s. 130(a).

(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;

(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;

(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;

S. 17(l) amended by No. 29/2016 s. 10(a).

(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;

S. 17(la) inserted by No. 8/2019 s. 107(2).

(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;

S. 17(lb) inserted by No. 18/2020 s. 130(b).

(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;

S. 17(m) inserted by No. 29/2016 s. 10(b), amended by No. 17/2022 s. 11(4).

(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;

S. 17(n) inserted by No. 17/2022 s. 11(5).

(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;

S. 17(o) inserted by No. 17/2022 s. 11(5).

(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;

S. 17(p) inserted by No. 17/2022 s. 11(5).

(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.

18 Extension of period for commencing prosecution for summary offences

Section 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.

19 Reliance on material registered

The Director is entitled—

(a) to rely on the accuracy of the material provided by an enforcement agency when an infringement fine is registered under section 16; and

(b) to assume that the details are true and correct.

20 Director may decide that enforcement of infringement offence under this Act is not appropriate

(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.

S. 20(1A) inserted by No. 29/2016 s. 11.

(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—

(a) it is appropriate that the relevant infringement offence be heard and determined by a court;

S. 20(1A)(b) amended by No. 17/2022 s. 37A(1)(a).

(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;

S. 20(1A)(c) inserted by No. 17/2022 s. 37A(1)(b).

(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.

(2) The Director must not make a determination under subsection (1) if any of the following has occurred—

S. 20(2)(a) amended by No. 17/2022 s. 37A(2).

(a) subject to subsection (2A), a seven-day notice has been served and has expired;

(b) a person becomes a declared director;

(c) an attachment of earnings direction or an attachment of debts direction has been made;

(d) a land charge has been recorded.

S. 20(2A) inserted by No. 17/2022 s. 37A(3).

(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—

(a) an offence against section 204(1) of the EastLink Project Act 2004; or

(b) an offence against section 73(1) of the Melbourne City Link Act 1995; or

(c) an offence against section 69(1) of the North East Link Act 2020; or

(d) an offence against section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

(3) If the Director makes a determination under subsection (1), the registered infringement fine is deregistered.

(4) If the Director makes a determination under this section, the Director must advise the relevant enforcement agency of that determination in writing.

S. 20(5) inserted by No. 17/2022 s. 37A(4).

(5) In this section—

tollway operator means any of the following—

(a) the Freeway Corporation within the meaning of the EastLink Project Act 2004;

(b) the relevant corporation within the meaning of the Melbourne City Link Act 1995;

(c) the relevant North East Link Tolling Corporation within the meaning of the North East Link Act 2020;

(d) the relevant West Gate Tunnel Corporation within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

S. 21 amended by No. 29/2016 s. 12 (ILA s. 39B(1)).

21 Enforcement agency may prosecute or withdraw infringement notice

(1) An enforcement agency that receives notice under section 20 may—

(a) withdraw the infringement notice and take no further action against the person; or

(b) withdraw the infringement notice and issue an official warning to the person; or

(c) file a charge-sheet charging the offence alleged to have been committed.

S. 21(2) inserted by No. 29/2016 s. 12.

(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.

S. 21(3) inserted by No. 29/2016 s. 12.

(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.

S. 21A inserted by No. 29/2016 s. 13.

21A Notice to Director on enforcement agency filing a charge‑sheet

If 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.

Division 4—Notices of final demand

22 Enforcement agency may request notice of final demand not be served

At 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.

23 Notice of final demand

S. 23(1) amended by No. 59/2017 s. 12(1).

(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.

S. 23(2) substituted by No. 59/2017 s. 12(2).

(2) The notice of final demand must be sent to—

(a) the person's authorised address; or

(b) the person's address provided in the preceding 12 months in respect of a fines application; or

(c) any alternative address for the person as provided for the purposes of registration.

S. 23(3) inserted by No. 59/2017 s. 12(2).

(3) On the service of the notice of final demand, the prescribed fee is payable by the person.

24 Content of notice of final demand

(1) A notice of final demand must be in writing and state—

(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—

S. 24(1)(a)(i) amended by No. 59/2017 s. 13(a).

(i) in the payment of a registered fine or a registered collection and enforcement order; or

(ii) in the payment of an instalment under a payment arrangement or an instalment order; and

(b) a summary of enforcement action available under this Act; and

(c) a summary of the options available to the person under this Act; and

(d) any other prescribed details.

S. 24(2) amended by No. 59/2017 s. 13(b).

(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.

S. 24(3) amended by No. 59/2017 s. 13(c).

(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.

25 Effect of notice of final demand in case of registered infringement fine

(1) If a notice of final demand is issued in relation to an infringement offence alleged to have been committed by a person—

S. 25(1)(a) amended by No. 41/2019 s. 117(Sch. 1 item 5.2).

(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

S. 25(1)(b) amended by Nos 29/2016 s. 14, 41/2019 s. 117(Sch. 1 item 5.2).

(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

(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

(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.

(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.

(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.

Division 5—Fines of bodies corporate

26 Registered fine of body corporate is recoverable as debt

(1) On the registration of a fine for which a body corporate is liable—

(a) that fine becomes a debt due and payable to the State of Victoria; and

(b) the Director is authorised to recover the amount payable in any court of competent jurisdiction as a debt due to the Crown; and

(c) the Director must apply any amount recovered as a due debt to the payment of the fine in accordance with this Act.

(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.

(3) If money recovered as a debt results in an overpayment, the Director must advise the body corporate of the overpayment and may—

(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

(b) refund the amount of the overpayment to the body corporate and—

(i) if the amount had been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

(ii) if the amount had been paid into another fund or account, the amount is to be refunded from that fund or account.

(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.

27 Options for enforcement of body corporate fine

(1) In relation to a registered fine of a body corporate, the Director may—

(a) recover the registered fine as a debt under section 26; or

(b) enforce the registered fine in accordance with any other enforcement action available under this Act; or

(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.

Example to s. 27(1) inserted by No. 29/2016 s. 15(1).

The 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.

(2) The Director must not recover a registered fine as a debt if—

(a) an attachment of debts direction is in place and is being complied with; or

(b) an enforcement warrant has been issued and is outstanding in relation to the registered fine.

Example to s. 27(2) inserted by No. 29/2016 s. 15(2).

An enforcement warrant is not outstanding if it has been recalled and cancelled under section 108.

(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.

28 Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced

An 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.

29 Declared director

(1) This section applies if, in relation to a registered fine of a body corporate—

(a) the body corporate is deregistered after the commission of the alleged offence; or

S. 29(1)(b) amended by No. 29/2016 s. 16(1)(a).

(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

S. 29(1)(c) inserted by No. 29/2016 s. 16(1)(b).

(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.

Note to s. 29(1) inserted by No. 29/2016 s. 16(2).

A person executing an enforcement warrant must not seize property of a body corporate that is under administration within the meaning of the Corporations Act.

(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.

(3) A declared director notice must state that the person—

(a) is a declared director by force of this section; and

(b) is jointly and severally liable for the payment of the registered fine; and

(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.

See section 179(2) which requires personal service of this notice.

(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—

(a) by force of this section, a declared director; and

(b) jointly and severally liable for the payment of the fine.

(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.

S. 29(6) inserted by No. 29/2016 s. 16(3).

(6) Before taking any enforcement action referred to in subsection (5), the Director must serve a notice of final demand on the declared director.

30 Director of body corporate may challenge being declared director

(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.

(2) An application under subsection (1)—

(a) must be made within 28 days from the date of service of the declared director notice; and

(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.

(3) On making an application under subsection (1), the applicant must give a copy of the application to the Director.

(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—

(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

S. 30(4)(b) substituted by No. 29/2016 s. 17.

(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—

(i) the fine was paid; or

(ii) a payment plan or a payment arrangement was made; or

S. 30(4)(c) inserted by No. 29/2016 s. 17.

(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—

(i) the fine was paid; or

(ii) a payment plan or a payment arrangement was made; or

(iii) the body corporate appointed an administrator under the Corporations Act; or

(iv) the body corporate was wound up in accordance with the Corporations Act.

(5) If the Magistrates' Court does not make an order under subsection (4), the person remains a declared director.

(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.

Part 4—Enforcement review

31 Application of Part

(1) This Part does not apply to a registered infringement fine to which any of the following provisions apply—

(a) sections 89A to 89D of the Road Safety Act 1986;

S. 31(1)(b) repealed by No. 41/2019 s. 117(Sch. 1 item 5.3).

(c) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988.

(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—

(a) section 67 or 89B of the Road Safety Act 1986;

(b) section 219A of the EastLink Project Act 2004;

S. 31(2)(c) repealed by No. 41/2019 s. 117(Sch. 1 item 5.3).

(d) section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

S. 31(2)(e) amended by No. 25/2025 s. 101(1).

(e) section 87A of the Melbourne City Link Act 1995;

S. 31(2)(f) inserted by No. 25/2025 s. 101(2).

(f) section 52 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

S. 31(2)(g) inserted by No. 25/2025 s. 101(2).

(g) section 90 of the North East Link Act 2020.

(3) This Part does not apply in respect of a registered court fine.

32 Application for enforcement review

(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—

(a) that the decision—

(i) was contrary to law; or

(ii) involved a mistake of identity; or

S. 32(1)(b) substituted by No. 59/2017 s. 6.

(b) that special circumstances apply to the person, unless—

(i) the special circumstance referred to in the application is family violence; and

(ii) the person has made an FVS application; or

(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

S. 32(1)(d) substituted by No. 29/2016 s. 18(1).

(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.

(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.

(3) An application under subsection (1)—

(a) must be in writing; and

(b) must state the grounds on which the decision should be reviewed; and

(c) must provide the applicant's current address for service of the notice under section 37(2) of the outcome of the enforcement review.

(4) An application for enforcement review must not be made if—

(a) the seven-day notice has expired; or

S. 32(4)(ab) inserted by No. 59/2017 s. 75.

(ab) a person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009; or

(b) a person has become a declared director; or

(c) an attachment of earnings direction or an attachment of debts direction has been made; or

(d) a land charge has been recorded; or

S. 32(4)(e) amended by No. 29/2016 s. 18(2).

(e) property has been seized under a vehicle seizure and sale notice; or

(f) an infringement fine has been paid.

S. 32A inserted by No. 17/2022 s. 38.

32A More time to obtain evidence in certain circumstances

(1) This section applies to a person making an application for review under section 32(1)(b) or (c).

(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).

(3) A request under subsection (2) must—

(b) subject to subsection (5), be made at the same time as the application under section 32.

(4) On receiving a request under subsection (2), the Director must grant an extension of time to the person as follows—

(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;

(b) in respect of a request in support of an application under section 32(1)(c), for any period the Director considers appropriate.

(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.

(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.

33 Limit on applications for enforcement review

S. 33(1) amended by No. 29/2016 s. 19(1).

(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.

S. 33(1A) inserted by No. 29/2016 s. 19(2).

(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.

(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.

(3) An application made under section 32(1)(d) must be made within 14 days of the applicant becoming aware of the infringement notice.

S. 33(4) amended by No. 29/2016 s. 19(3).

(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.

S. 33(5) repealed by No. 29/2016 s. 19(4).

34 Request for additional information

(1) The Director may request in writing from an applicant for enforcement review any additional information that the Director requires to conduct the review.

S. 34(2) substituted by No. 17/2022 s. 39(1).

(2) The Director's request under subsection (1) must specify the time within which the applicant must provide the additional information.

S. 34(3)(4) repealed by No. 17/2022 s. 39(1).

S. 34(5) amended by No. 17/2022 s. 39(2).

(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—

(a) may conduct the enforcement review without the additional information; or

(b) if the applicant provides the additional information to the Director out of time may—

(i) accept that late information; and

(ii) conduct the enforcement review with that late information.

35 Enforcement review

(1) On an application for enforcement review, the Director must—

(a) review the decision to serve an infringement notice on the person; and

(b) determine whether enforcement of the infringement fine under this Act should proceed.

(2) The Director must conduct the enforcement review within a reasonable time.

36 Conduct of enforcement actions during enforcement review

(1) While the Director is conducting an enforcement review—

(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

(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.

S. 36(2) repealed by No. 29/2016 s. 20.

37 Outcome of enforcement review

(1) After conducting an enforcement review, the Director may—

(a) confirm—

(i) the decision of an enforcement agency to serve an infringement notice; and

(ii) that enforcement of the infringement fine under this Act should proceed; or

(b) cancel the enforcement of the infringement fine and refer the matter back to the enforcement agency.

S. 37(2) substituted by No. 29/2016 s. 21.

(2) Within 21 days of making a decision on the enforcement review, the Director must—

(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

(b) if the enforcement of the infringement fine is cancelled under subsection (1)(b), serve written notice of the enforcement cancellation on—

(i) the applicant; and

(ii) the enforcement agency.

S. 38 (Heading) amended by No. 29/2016 s. 22(1).

38 Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation

S. 38(1) amended by No. 29/2016 s. 22(2).

(1) An enforcement agency that is served notice of an enforcement cancellation must, within 90 days of the date of that notice—

(a) do one of the following—

(i) withdraw the infringement notice and take no further action;

(ii) withdraw the infringement notice and issue an official warning;

(iii) withdraw the infringement notice and commence a proceeding for the alleged offence by filing a charge-sheet; and

(b) notify the applicant of the enforcement agency's decision.

(2) If the Director serves an enforcement cancellation on an applicant for enforcement review under section 32(1)(d)—

(a) the registration of the infringement penalty as an infringement fine is cancelled; and

(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

(c) the Director must refer the matter back to the enforcement agency to be dealt with in accordance with the Infringements Act 2006.

Example to s. 38(2)(c) amended by No. 29/2016 s. 22(3).

The 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.

S. 38A inserted by No. 29/2016 s. 23.

38A Notice to Director on filing charge-sheet following enforcement cancellation

If 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.

39 Extended period for commencing proceeding for offence

S. 39(1) amended by No. 29/2016 s. 24(1).

(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.

S. 39(1A) inserted by No. 29/2016 s. 24(2).

(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.

S. 39(2) amended by No. 29/2016 s. 24(3).

(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.

S. 40 amended by No. 29/2016 s. 25, substituted by No. 59/2017 s. 76.

40 Time to pay or enter payment arrangement if infringement confirmation served

(1) An applicant who is served with an infringement confirmation must—

(a) pay the registered infringement fine; or

(b) apply to pay the registered infringement fine under a payment arrangement; or

(c) be the subject of an application to the Director for a work and development permit.

(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.

41 Other powers of review not affected

Nothing 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.

Part 5—Payment arrangements

42 Person may apply for payment arrangement

S. 42(1) amended by No. 17/2022 s. 12(1).

(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.

S. 42(1A) inserted by No. 59/2017 s. 14(1), amended by No. 17/2022 s. 12(2).

(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.

S. 42(1B) inserted by No. 17/2022 s. 12(3).

(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.

(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.

(3) An application for a payment arrangement must not be made—

(a) in the case of a body corporate, after the seizure of property under an enforcement warrant; and

S. 42(3)(b) substituted by No. 59/2017 s. 77.

(b) in the case of a natural person, after—

S. 42(3)(b)(i) amended by No. 59/2017 s. 14(2).

(i) the expiry of the seven-day notice in respect of a fine or a registered collection and enforcement order; or

(ii) the person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009.

(4) A payment arrangement may include an infringement fine even if it is not a registered infringement fine.

(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.

(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.

43 Referral of infringement fine for payment arrangement

An 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.

44 Refusal of application for payment arrangement

(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.

(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—

(a) the enforcement agency; and

(b) the person who requested the referral.

S. 44(3) amended by No. 59/2017 s. 15(1).

(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—

(a) pay the court fine or infringement fine, as the case requires; or

S. 44(3)(ab) inserted by No. 59/2017 s. 15(2).

(ab) pay the registered collection and enforcement order; or

S. 44(3)(b) amended by No. 59/2017 s. 15(3).

(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.

Failure 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.

45 Offering proposed payment arrangements

(1) The Director, in the Director's discretion, may offer a proposed payment arrangement to a person—

(a) who applies under section 42; or

(b) in respect of whom a referral is made under section 43.

S. 45(2) substituted by No. 59/2017 s. 16.

(2) The Director must offer a proposed payment arrangement to a person in accordance with any terms specified by a court in an order—

(a) that is an instalment order under section 56 of the Sentencing Act 1991 in respect of a court fine; or

(b) that is a time to pay order under section 59 of the Sentencing Act 1991 in respect of a court fine; or

(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—

(i) the outstanding court fine be paid by instalments; or

(ii) that the person be allowed time to pay the outstanding court fine.

See section 13(4).

(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—

(a) any liabilities or financial responsibilities, including any existing payment arrangements the applicant may have; and

(b) any dependants the applicant may have.

(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—

(a) any up-front payments that must be made under the payment arrangement; and

(b) the minimum amount of a payment to be made under the payment arrangement; and

(c) the length of the payment arrangement; and

(d) any other condition in relation to—

(i) the efficient and effective consolidation of infringement fines and court fines into a single payment arrangement; or

(ii) the compliance with any court order in relation to a court fine to which the payment arrangement applies.

(5) A person may reject an offer of a proposed payment arrangement made by the Director under subsection (1) by notification to the Director.

(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.

(7) On receipt of a request under subsection (6), the Director may—

(a) offer a proposed payment arrangement on any terms and conditions the Director thinks fit; or

(b) refuse to offer another proposed payment arrangement.

(8) Subsections (5) to (7) do not apply to a proposed payment arrangement referred to in subsection (2).

See section 47 for commencement of payment arrangements.

46 Content of payment arrangement

(1) A payment arrangement may be made for a person by the Director for the payment of—

(a) one infringement fine; or

(b) multiple infringement fines; or

(c) one court fine; or

(d) multiple court fines; or

S. 46(1)(da) inserted by No. 59/2017 s. 17(1).

(da) one registered collection and enforcement order; or

S. 46(1)(db) inserted by No. 59/2017 s. 17(1).

(db) multiple registered collection and enforcement orders; or

(e) any combination of fines.

S. 46(2) amended by No. 59/2017 s. 17(2).

(2) A payment arrangement may provide for the payment of any fine or any registered collection and enforcement order—

(a) by instalments; or

(b) by an extension of time to pay; or

(c) by both instalments and an extension of time to pay.

47 Commencement of payment arrangements

A 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.

48 Payment arrangements—removals

S. 48(1) amended by No. 59/2017 s. 18(a).

(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.

(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.

S. 48(3) amended by No. 59/2017 s. 18(b)(c).

(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—

S. 48(3)(a) amended by No. 59/2017 s. 18(d).

(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

(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—

(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

S. 48(4) amended by No. 59/2017 s. 18(e).

(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—

S. 48(4)(a) amended by No. 59/2017 s. 18(f).

(a) that person has already paid the fine or the registered collection and enforcement order in full; and

(b) in the case of an infringement offence, that infringement offence has been expiated by that payment.

See also section 57 for the effect of cancellation if the fine remains outstanding.

49 Cancellation by request of person to whom payment arrangement applies

(1) A person to whom a payment arrangement applies may request the Director to cancel the payment arrangement at any time.

(2) On receiving a request under subsection (1), the Director must—

(a) cancel the payment arrangement applying to that person; and

(b) notify the person in writing that the payment arrangement is cancelled from the date specified in the notification.

S. 49(3) amended by No. 59/2017 s. 19(1).

(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—

S. 49(3)(a) amended by No. 59/2017 s. 19(2).

(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

(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—

(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

(4) A person is not entitled to a refund under subsection (3)(b) if at the time of the cancellation—

S. 49(4)(a) amended by No. 59/2017 s. 19(3).

(a) that person has already paid the fine or the registered collection and enforcement order in full; and

(b) in the case of an infringement offence, that infringement offence has been expiated by that payment.

See also section 57 for effect of cancellation if fine remains outstanding.

50 Variation of payment arrangement

(1) A person to whom a payment arrangement applies may apply to the Director for a variation of the terms of the payment arrangement.

(2) The Director, in the Director's discretion, may vary the terms of a payment arrangement.

(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.

(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.

(5) If a variation is refused by the Director, the terms of the payment arrangement continue as they applied before the application for variation.

S. 51 substituted by No. 59/2017 s. 20.

51 Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made

A 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.

52 Director's power to make payment arrangements

S. 52(1) amended by No. 59/2017 s. 21.

(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.

(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.

53 Allocation of money received under payment arrangement

S. 53(1) substituted by No. 59/2017 s. 22(1).

(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—

(a) any fine; or

(b) any registered collection and enforcement order.

(2) The order of priority to be applied when payments under a payment arrangement are allocated applies—

(a) to all payment arrangements made by the Director with a person; and

S. 53(2)(b) amended by No. 59/2017 s. 22(2).

(b) regardless of the origin of the infringement fine or court fine or registered collection and enforcement order under the payment arrangement.

(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—

S. 53(3)(a) amended by No. 59/2017 s. 22(3).

(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—

(i) consents to the amount being so applied; and

(ii) directs the Director to do so; or

(b) refund the amount of the overpayment to the person and—

(i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

54 Provision of current contact details

(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.

S. 54(2) amended by No. 59/2017 s. 23.

(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.

(3) It is sufficient compliance with subsection (1) or (2) if the enforcement agency or the court, as the case requires—

(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

(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).

(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.

S. 54(5) substituted by No. 17/2022 s. 13.

(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—

(a) the payment arrangement that applies to that person is cancelled under section 56; or

(b) that person—

(i) requests the removal of a fine from a payment arrangement under section 48; or

(ii) requests the cancellation of a payment arrangement under section 49.

55 Payment arrangement may extend period for commencing a proceeding for offence

(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—

(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;

(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;

(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;

(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.

(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.

56 Default on a payment arrangement results in other enforcement action

(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.

(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—

(a) that the person is in default; and

(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

S. 56(2)(c) amended by No. 59/2017 s. 24.

(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.

57 Enforcement action on default, cancellation or removal if payment is not complete

S. 57(1) amended by No. 59/2017 s. 25(a).

(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—

S. 57(1)(a) amended by No. 59/2017 s. 25(b).

(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

(b) on the cancellation of a payment arrangement under section 49 by the person to whom the payment arrangement applies; or

(c) on cancellation of the payment arrangement under section 56 for default; or

(d) if a person does not make the first payment in accordance with section 47.

S. 57(2) amended by No. 59/2017 s. 25(c).

(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.

Depending 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.

58 Payment arrangement has same effect as a full payment—demerit point schemes

(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.

S. 58(2) amended by No. 59/2017 s. 78.

(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.

Part 6—Oral examination and production of information

59 Director may direct production of information

The Director may make a production of information direction requiring the fine defaulter—

(a) to give the Director, within the time specified in the direction, a statement of financial circumstances—

(i) in the prescribed form and containing any prescribed details; and

(ii) attaching any prescribed information; or

(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.

60 Offence not to comply with production of information direction

A fine defaulter must not, without lawful excuse, fail to comply with a production of information direction.

61 Use of information obtained by production of information direction

(1) The Director must not disclose any information obtained by a production of information direction except as authorised by this section.

(2) The Director may disclose information obtained by a production of information direction if the Director reasonably believes that the disclosure is necessary—

(a) for the purposes of a payment arrangement; or

(b) for the purposes of taking enforcement action against a fine defaulter under this Act; or

(c) to assist the sheriff to take enforcement action against a fine defaulter under this Act.

62 Director may apply for a summons for oral examination and production of information

The 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—

(a) the Director has made a production of information direction; and

(b) the fine defaulter has failed to comply with that direction.

63 Summons for oral examination and production of information

S. 63(1) amended by No. 29/2016 s. 26.

(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.

(2) A summons under subsection (1) must—

(b) state the time, date and place of the oral examination and the production of information; and

(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

(d) require the person to provide to the Magistrates' Court, on or before the day of the oral examination—

(i) a written statement containing prescribed details setting out the financial circumstances of the person; and

(ii) any documents in support of the financial details specified in the written statement; and

(e) contain any other prescribed details.

A 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.

64 What happens if person does not attend oral examination?

(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.

(2) A warrant under subsection (1) must—

(a) be directed to the sheriff or a police officer; and

(b) specify a time and place for the oral examination.

(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.

Part 7—Attachment of earnings directions and attachment of debts directions

Division 1—Attachment of earnings direction

65 When can an attachment of earnings direction be made?

(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.

(2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under—

S. 65(2)(b) amended by No. 59/2017 s. 26(a).

S. 65(2)(c) inserted by No. 59/2017 s. 26(b).

S. 65(2)(d) inserted by No. 59/2017 s. 26(b).

(3) An attachment of earnings direction remains in force if, during the period of operation of the direction—

(a) the amount outstanding falls below the attachment of earnings threshold; or

(b) the amount outstanding falls below the attachment of earnings threshold and the Director varies the attachment of earnings direction under section 70.

(4) An attachment of earnings direction may be made—

(a) at the discretion of the Director; or

(b) on the application of the fine defaulter.

66 Notice of direction to be served on fine defaulter and employer

(1) If the Director makes an attachment of earnings direction, the Director must cause—

(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

(b) the direction to be served on the person to whom the direction is directed.

(2) A notice of an attachment of earnings direction must—

(a) state that an attachment of earnings direction has been made in respect of the fine defaulter; and

(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.

67 Director may request information

(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.

(2) If the Director makes a request under subsection (1)—

(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

(b) any enforcement action that might otherwise be taken in respect of the fine is suspended for the period specified in paragraph (a).

(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).

68 Protected level of income

(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.

(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—

(a) cause the fine defaulter to suffer financial hardship; or

(b) result in the fine defaulter's earnings falling below the prescribed protected level of income.

(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.

69 Employer obligations in respect of an attachment of earnings direction

(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.

(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.

(3) A person to whom an attachment of earnings direction is directed must keep accurate records of amounts deducted under the direction.

(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.

70 Variation, cancellation or suspension of attachment of earnings direction

(1) If an attachment of earnings direction is in force, the Director may vary, cancel or suspend the direction—

(a) on the Director's own motion; or

(b) on the application of the fine defaulter in respect of whom the attachment of earnings direction has been made; or

(c) on the application of the person to whom the attachment of earnings direction is directed.

(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—

(a) the fine defaulter in respect of whom the attachment of earnings direction was made; and

(b) the person to whom the attachment of earnings direction is directed.

71 Cessation of attachment of earnings direction

(1) An attachment of earnings direction ceases to have effect—

(a) on being cancelled under section 70; or

(b) if the outstanding amount to which the direction applies is paid in full, including any variations.

(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—

(a) the person to whom the attachment of earnings direction was directed; and

(b) the fine defaulter in respect of whom the attachment of earnings direction was made.

(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.

72 Compliance with an attachment of earnings direction

A person to whom an attachment of earnings direction is directed must take all reasonable steps to comply with the direction.