VICIn ForceAct
Fines Reform Act 2014
10FInfringement fine may be waived in limited circumstances
Start here
Get a plain-English read of 10F
Turn the raw legal text into a practical explanation grounded in Fines Reform Act 2014.
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.