Version incorporating amendments as at
31 March 2019
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 2
1 Objective 2
2 Authorising provision 2
3 Commencement 2
4 Definitions 2
Part 2—Defined terms for the purposes of the Act 3
5 Attachment of debts threshold 3
6 Attachment of earnings threshold 3
7 Criteria for determining homelessness 3
8 Collection fee 3
9 Enforcement warrant fee 4
10 Registration fee 4
Part 3—Management for collection and enforcement of fines by Director 5
11 Prescribed minimum infringement fine amount 5
12 Notice of final demand 5
Part 4—Oral examination and production of information 7
13 Statement of financial circumstances—prescribed form 7
14 Statement of financial circumstances—prescribed details 7
15 Statement of financial circumstances—attachment of prescribed information 10
16 Summons for oral examination and production of information written statement—prescribed details 11
17 Summons for oral examination and production of information written statement—other prescribed details 14
Part 5—Attachment of earnings directions 15
18 Protected level of income 15
19 Employer obligations in respect of an attachment of earnings direction 15
Part 6—Charges over and sale of real property 16
20 Prescribed land charge threshold 16
21 Notice of intention to charge land 16
22 Notice of intention to sell charged land 17
Part 7—Enforcement warrants 18
23 Enforcement warrant—prescribed form 18
24 Electronic enforcement warrant 18
25 Seven-day notice—prescribed details 18
26 Consent to seizure of personal property 19
Part 8—Detention, immobilisation and sale of motor vehicles 20
27 Recovery of motor vehicle by registered operator—prescribed period 20
28 Vehicle seizure and sale—prescribed period 20
Part 9—Infringement offender community work permits 21
29 Matters to be specified in community work permit 21
30 Obligations of infringement offenders subject to community work permit 22
31 Commencement of community work permit 24
32 Regional Manager to keep records 24
33 How registered infringement fines on community work permit can be paid 25
34 Variation or cancellation of community work permits 26
35 Contravention of community work permit 26
Part 10—General 27
36 Specified enforcement information agencies 27
37 Service 27
Schedule 1—Forms 28
Schedule 2—Specified enforcement information agencies for the purposes of section 178 37
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Endnotes 40
1 General information 40
2 Table of Amendments 42
3 Amendments Not in Operation 43
4 Explanatory details 44
Version No.002
Fines Reform Regulations 2017
S.R. No. 129/2017
Version incorporating amendments as at
31 March 2019
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe—
(a) details that must be included in a range of documents relating to the enforcement of infringement fines and court fines under the Fines Reform Act 2014;
(b) fees payable under that Act;
(c) forms of enforcement warrant, statements of financial circumstances and other forms required to be prescribed under that Act;
(d) procedural matters relating to oral examination, attachment of earnings directions and attachment of debts directions under that Act;
(e) procedural and administrative matters relating to community work permits issued under that Act;
(f) other matters required or permitted to be prescribed under that Act.
2 Authorising provision
These Regulations are made under section 185 of the Fines Reform Act 2014.
3 Commencement
These Regulations come into operation on 31 December 2017.
4 Definitions
In these Regulations—
ABN has the same meaning as it has in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
ACN has the same meaning as it has in section 9 of the Corporations Act;
ARBN has the same meaning as it has in section 9 of the Corporations Act;
drug of dependence has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;
Regional Manager has the same meaning as it has in Part 4 of the Corrections Act 1986;
the Act means the Fines Reform Act 2014.
Part 2—Defined terms for the purposes of the Act
5 Attachment of debts threshold
For the purpose of the definition of attachment of debts threshold in section 3 of the Act, the prescribed minimum amount is $100.
6 Attachment of earnings threshold
For the purpose of the definition of attachment of earnings threshold in section 3 of the Act, the prescribed minimum amount is $1000.
7 Criteria for determining homelessness
For the purpose of paragraph (b)(iii) of the definition of eligible person in section 3 of the Act, the prescribed criteria for determining that a person is homeless is that the person satisfies at least one of the following—
(a) the person is living in crisis accommodation;
(b) the person is living in transitional accommodation;
(c) the person is living in any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth;
(d) the person has inadequate access to safe and secure housing as defined in section 4(2) of the Supported Accommodation Assistance Act 1994 of the Commonwealth.
Reg. 8 substituted by S.R. No. 16/2019 reg. 5.
8 Collection fee
For the purpose of section 23(3) of the Act, the prescribed fee is 9·01 fee units.
9 Enforcement warrant fee
For the purpose of the definition of enforcement warrant fee in section 3 of the Act, the prescribed fee is 3·94 fee units.
10 Registration fee
(1) For the purpose of the definition of registration fee in section 3 of the Act, the prescribed fee for registration of an infringement fine under section 16(3) is 5·21 fee units.
(2) The following persons are exempt from the registration fee specified in subregulation (1)—
(a) a police officer acting in the course of the officer's duty;
(b) a person acting for or by authority of the Crown.
Part 3—Management for collection and enforcement of fines by Director
11 Prescribed minimum infringement fine amount
For the purposes of section 16(1)(b) of the Act, the prescribed minimum infringement fine amount is $10.
12 Notice of final demand
For the purposes of section 24(1)(d) of the Act, the other prescribed details of a notice of final demand are—
(a) that it is a notice of final demand; and
(b) the name and address of the person on whom the notice of final demand is to be served; and
(c) if the person on whom the notice of final demand is to be served is—
(i) a natural person, the person's date of birth (if known); or
(ii) a body corporate, its ACN, ARBN or ABN (if known); and
(d) the date of the notice of final demand; and
(e) in the case of a registered court fine—
(i) the name and venue of the sentencing court; and
(ii) the case number assigned by the sentencing court to the proceeding; and
(iii) the date of the court hearing; and
(iv) the number issued by the Director; and
(f) in the case of a registered infringement fine—
(i) the name of the enforcement agency; and
(ii) the enforcement agency's identifying reference in relation to the infringement notice; and
(iii) a brief description of the infringement offence alleged to have been committed; and
(iv) the date, place and, if available, time of the infringement offence alleged to have been committed; and
(v) the number issued by the Director; and
(g) the amount of the registered fine that is unpaid; and
(h) the manner in which the registered fine may be paid; and
(i) that an enforcement warrant fee will be incurred if an enforcement warrant is issued; and
(j) a statement that if the person served with the notice of final demand does not understand the document, that person should seek advice from—
(i) a lawyer; or
(ii) Victoria Legal Aid.
Part 4—Oral examination and production of information
13 Statement of financial circumstances—prescribed form
For the purposes of section 59(a)(i) of the Act, a statement of financial circumstances given by a fine defaulter must be in the form approved by the Director.
14 Statement of financial circumstances—prescribed details
(1) For the purposes of section 59(a)(i) of the Act, the prescribed details to be contained in a statement of financial circumstances, in the case of a fine defaulter who is a natural person are the following—
(a) the name and address and, if known, the date of birth of the fine defaulter;
(b) whether the fine defaulter is renting at the address stated;
(c) details of any previous names or aliases used over the last 5 years;
(d) details of previous residential addresses in the last 5 years;
(e) the email address of the fine defaulter (if any);
(f) the driver licence number (if any), including state of issue, of the fine defaulter;
(g) the employment status of the person, including the name of the fine defaulter's current and previous employer;
(h) the number of adult and child dependants in the fine defaulter's care (if any);
(i) the income of the fine defaulter after tax and compulsory superannuation is deducted, including any sources of income apart from that person's primary employment;
(j) the weekly expenses of the fine defaulter;
(k) any land or building that the fine defaulter owns or is buying;
(l) any motor vehicle that the fine defaulter owns or is buying;
(m) details of any other property or assets held by the fine defaulter;
(n) any cash money readily available to the fine defaulter;
(o) any money that the fine defaulter is owed;
(p) details of any accounts held by the fine defaulter at an ADI or co-operative, and whether those accounts are held jointly with any other person;
(q) whether there are any unpaid court orders or fines against the fine defaulter;
(r) details of any other sums owed to the fine defaulter;
(s) details of any business in which the fine defaulter has an interest.
(2) For the purposes of section 59(a)(i) of the Act, the prescribed details to be contained in a statement of financial circumstances, in the case of a fine defaulter that is a body corporate are the following—
(a) the name of the fine defaulter;
(b) whether the fine defaulter is registered by the Australian Securities and Investment Commission;
(c) the ABN, ACN or ARBN of the fine defaulter;
(d) the address of the registered office of the fine defaulter;
(e) the address at which the fine defaulter conducts its business;
(f) whether the fine defaulter is still trading;
(g) the name, address, email address and position held by the officer in the fine defaulter who completed the statement;
(h) the nature of the business of the fine defaulter;
(i) the fine defaulter's average weekly turnover;
(j) any money owed to the fine defaulter;
(k) details of any accounts held by the fine defaulter at an ADI or a co‑operative;
(l) whether there is a registered security interest over the assets of the fine defaulter;
(m) whether there are any unpaid court orders or fines against the fine defaulter;
(n) details of any other sums of money owed by the fine defaulter;
(o) the most recent statement of financial position available for the fine defaulter including details of assets and liabilities;
(p) the most recent statement of financial performance available for the fine defaulter, including details of revenue and expenses and details of profit and loss.
(3) A fine defaulter that is a body corporate is exempt from the requirement to provide the details prescribed under subregulation (2)(o) and (p) in a statement of financial circumstances to the extent that the prescribed details are included in financial reports attached to the statement of financial circumstances in accordance with regulation 15(2)(a).
15 Statement of financial circumstances—attachment of prescribed information
(1) For the purposes of section 59(a)(ii) of the Act, the prescribed information to be attached to a statement of financial circumstances, in the case of a fine defaulter who is a natural person is the following—
(a) the most recent pay slip that substantiates the fine defaulter's employment and income;
(b) the most recent statement that substantiates the existence and balance of each account held by the fine defaulter at an ADI or co‑operative;
(c) any documents that substantiate the existence and amount of each debt owed to the fine defaulter;
(d) the most recent rates notice that substantiates the title details of real property owned by the fine defaulter.
(2) For the purposes of section 59(a)(ii) of the Act, the prescribed information to be attached to a statement of financial circumstances, in the case of a fine defaulter that is a body corporate is the following—
(a) the most recent financial reports of the body corporate prepared in accordance with the requirements of the Corporations Act, the Co-operatives National Law (Victoria) or the Associations Incorporation Reform Act 2012 (as the case may be) including—
(i) a statement of financial position showing details of assets and liabilities;
(ii) a statement of financial performance showing details of revenue and expenses and details of profit or loss;
(b) the most recent statement that substantiates the existence and balance of each account held by the fine defaulter at an ADI or co‑operative;
(c) any documents that substantiate the existence and amount of each debt owed to the fine defaulter;
(d) the most recent rates notice that substantiates the title details of real property owned by the fine defaulter.
16 Summons for oral examination and production of information written statement—prescribed details
(1) For the purposes of section 63(2)(d) of the Act, the prescribed details to be contained in a written statement, in the case of a natural person are the following—
(a) the name and address and, if known, the date of birth of the person;
(b) whether the person is renting at the address stated;
(c) details of any previous names or aliases used over the last 5 years;
(d) details of previous residential addresses in the last 5 years;
(e) the email address of the person (if any);
(f) the driver licence number (if any), including state of issue, of the person;
(g) the employment status of the person, including the name of the person's current and previous employer;
(h) the number of adult and child dependants in the person's care (if any);
(i) the income of the person after tax and compulsory superannuation is deducted, including any sources of income apart from that person's primary employment;
(j) the weekly expenses of the person;
(k) any land or building that the person owns or is buying;
(l) any motor vehicle that the person owns or is buying;
(m) details of any other property or assets held by the person;
(n) any cash money readily available to the person;
(o) any money that the person is owed;
(p) details of any accounts held by the person at an ADI or co-operative, and whether those accounts are held jointly with any other person;
(q) whether there are any unpaid court orders or fines against the person;
(r) details of any other sums owed to the person;
(s) details of any business in which the person has an interest.
(2) For the purposes of section 63(2)(d) of the Act, the prescribed details to be contained in a statement of financial circumstances, in the case of a body corporate are the following—
(a) the name of the body corporate;
(b) whether the body corporate is registered by the Australian Securities and Investment Commission;
(c) the ABN, ACN or ARBN of the body corporate;
(d) the address of the registered office of the body corporate;
(e) the address at which the body corporate conducts its business;
(f) whether the body corporate is still trading;
(g) the name, address, email address and position held by the officer in the body corporate who completed the statement;
(h) the nature of the business of the body corporate;
(i) the body corporate's average weekly turnover;
(j) any money owed to the body corporate;
(k) details of any accounts held by the body corporate at an ADI or a co‑operative;
(l) whether there is a registered security interest over the assets of the body corporate;
(m) whether there are any unpaid court orders or fines against the body corporate;
(n) details of any other sums of money owed by the body corporate;
(o) the most recent statement of financial position available for the body corporate including details of assets and liabilities;
(p) the most recent statement of financial performance available for the body corporate, including details of revenue and expenses and details of profit and
loss.
17 Summons for oral examination and production of information written statement—other prescribed details
For the purposes of section 63(2)(e) of the Act, the other prescribed details to be contained in a summons are the following—
(a) the name and address of the fine defaulter being summoned;
(b) the reference number issued by the Director;
(c) in the case of each registered court fine to which the summons relates, the venue of the sentencing court and the identifying number assigned by the sentencing court to the proceeding;
(d) in the case of each registered infringement fine to which the summons relates, the enforcement agency identifying reference of the infringement notice;
(e) any amounts paid by the person in relation to each fine, and the amount that remains outstanding;
(f) the date of issue of the summons.
Part 5—Attachment of earnings directions
18 Protected level of income
(1) For the purposes of section 68(2)(b) of the Act, the prescribed protected level of income is the weekly rate for a year commencing on 1 January that is 75% of the maximum fortnightly basic rate of Newstart Allowance payable on 1 January in that year to a person who—
(a) is partnered; and
(b) has turned 21 years of age; and
(c) is without dependent children.
(2) In this regulation—
dependent children has the same meaning as it has in the Social Security Act 1991 of the Commonwealth;
Newstart Allowance has the same meaning as it has in the Social Security Act 1991 of the Commonwealth;
partnered has the same meaning as it has in the Social Security Act 1991 of the Commonwealth.
19 Employer obligations in respect of an attachment of earnings direction
For the purposes of section 69(2) of the Act, the prescribed form is in the form of Form 1 of Schedule 1.
Part 6—Charges over and sale of real property
20 Prescribed land charge threshold
For the purposes of section 95(1) of the Act, the prescribed land charge threshold is $2000.
21 Notice of intention to charge land
For the purposes of section 95(3)(a) of the Act, the prescribed particulars to be contained in a notice of intention to charge land are the following—
(a) in the case of a natural person, the name and address and, if known, the date of birth of the fine defaulter whose land is to be subject to a land charge;
(b) in the case of a body corporate, the name, registered address and ABN, ACN or ARBN (if known) of the fine defaulter whose land is to be subject to a land charge;
(c) a statement which includes the following—
(i) the address of the land to be charged;
(ii) details of land ownership and title details;
(iii) the nature of the interest of the fine defaulter;
(d) in the case of a registered infringement fine, the number issued by the Director in respect of the registered fine;
(e) in the case of a registered court fine, the case number;
(f) a statement that if the land remains charged for more than 28 days, the Director may give the fine defaulter notice of the Director's intention to sell the charged land and seek an order from the Supreme Court to sell the land.
22 Notice of intention to sell charged land
For the purposes of section 101(2)(a) of the Act, the prescribed particulars to be contained in a notice of intention to sell charged land are the following—
(a) in the case of a natural person, the name and address and, if known, the date of birth of the fine defaulter;
(b) in the case of a body corporate, the name, registered address and ABN, ACN or ARBN (if known) of the fine defaulter;
(c) a statement which includes the following—
(i) the address of the land to be sold;
(ii) details of land ownership and title details;
(iii) the nature of the interest of the fine defaulter;
(d) in the case of a registered infringement fine, the number issued by the Director in respect of the registered fine;
(e) in the case of a registered court fine, the case number.
Part 7—Enforcement warrants
23 Enforcement warrant—prescribed form
For the purposes of section 114 of the Act, an enforcement warrant against—
(a) a natural person must be in the form of Form 2 of Schedule 1; and
(b) a body corporate must be in the form of Form 3 of Schedule 1.
24 Electronic enforcement warrant
For the purposes of section 115(3)(b) of the Act, the prescribed information to be entered by the registrar in the register is—
(a) the name of the registrar who issued the enforcement warrant; and
(b) any endorsement for bail; and
(c) the amount outstanding under the enforcement warrant, including the lawful costs of execution.
25 Seven-day notice—prescribed details
For the purposes of section 119(1)(a) of the Act, the prescribed details that a seven-day notice must contain are the following—
(a) that it is a seven-day notice;
(b) the date of service of the seven-day notice;
(c) the manner in which the outstanding amount of the fine may be paid;
(d) the manner in which a fine defaulter may apply for a payment arrangement;
(e) the manner in which a fine defaulter may apply for enforcement review (if applicable);
(f) a statement that if the person served with the seven-day notice does not understand the document, the person should seek advice from—
(i) a lawyer; or
(ii) Victoria Legal Aid.
26 Consent to seizure of personal property
For the purposes of section 123(3)(a) of the Act, the prescribed details to be contained in a written statement are the following—
(a) the name and address of the fine defaulter against whom the enforcement warrant is issued;
(b) the enforcement warrant number;
(c) a statement that if the proceeds of the sale are insufficient to satisfy the amount outstanding under the enforcement warrant, a further demand for payment may be made on the fine defaulter, and if payment is not made or additional personal property is not provided to satisfy the debt, the fine defaulter may be arrested, and issued a community work permit or brought before a court.
Part 8—Detention, immobilisation and sale of motor vehicles
27 Recovery of motor vehicle by registered operator—prescribed period
For the purposes of section 131(1) of the Act, the prescribed period is 7 days.
28 Vehicle seizure and sale—prescribed period
For the purposes of section 132(1) of the Act, the prescribed period is 7 days.
Part 9—Infringement offender community work permits
29 Matters to be specified in community work permit
(1) In addition to the matters required by section 151(2) of the Act, a community work permit must specify the following matters—
(a) that it is a community work permit;
(b) the name and address of the infringement offender, and, if known—
(i) the infringement offender's date of birth; and
(ii) if the infringement offender has a driver licence, the infringement offender's driver licence number;
(c) the date on which the community work permit is issued;
(d) the date on which the community work permit commences;
(e) a statement to the effect that the community work permit was issued because the infringement offender consented to perform unpaid community work in respect of outstanding registered infringement fines under one or more enforcement warrants;
(f) that the infringement offender must report to the community corrections centre specified in the community work permit by the time and on the date specified in the community work permit;
(g) the total number of outstanding enforcement warrants to which the community work permit applies;
(h) a summary of the conditions that apply to a community work permit under section 152 of the Act.
(2) An infringement offender must be given a document that summarises the obligations in regulation 30.
(3) The infringement offender must sign the statement referred to in subregulation (1)(e) if the infringement offender consents to perform unpaid community work in respect of the outstanding registered infringement fines specified in the community work permit.
30 Obligations of infringement offenders subject to community work permit
An infringement offender who is required under a community work permit to attend a community corrections centre or other place to perform unpaid community work must—
(a) not consume any alcoholic substance or drug of dependence—
(i) for at least 8 hours before attending the community corrections centre or other place; and
(ii) while attending the community corrections centre or other place; and
(iii) while performing unpaid community work; and
(b) not bring any alcoholic substance or drug of dependence to any place where—
(i) an educational or other program is provided under the community work permit; or
(ii) unpaid community work is to be performed under the community work permit; and
(c) not leave any place where the infringement offender is performing unpaid community work under the community work permit without the permission of—
(i) the Regional Manager; or
(ii) the community corrections officer to whom the infringement offender is required to report under the community work permit; and
(d) if the infringement offender is unable to attend the community corrections centre or as otherwise directed on any occasion required under the community work permit, notify the Regional Manager or a community corrections officer at the community corrections centre concerned as soon as practicable; and
(e) if the infringement offender is delayed in attending the community corrections centre or as otherwise directed on any occasion required under the community work permit, notify the Regional Manager or a community corrections officer at the community corrections centre concerned as soon as practicable; and
(f) if, as a result of illness, the infringement offender does not attend the community corrections centre or as otherwise directed on any occasion required under the community work permit, produce a medical certificate signed by a doctor when next attending the community corrections centre; and
(g) not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.
31 Commencement of community work permit
(1) A community work permit commences on the day it is issued.
(2) On the day a community work permit is issued, the sheriff must give a copy of that permit to—
(a) the infringement offender; and
(b) the Regional Manager of the community corrections centre where the infringement offender is to carry out the unpaid community work under the community work permit.
32 Regional Manager to keep records
For the purposes of Part 13 of the Act, the Regional Manager of a region in which a community corrections centre is located must keep accurate records of—
(a) the dates on and times at which each infringement offender who is subject to a community work permit—
(i) has satisfactorily performed unpaid community work; or
(ii) has not satisfactorily performed unpaid community work; and
(b) the times at which each infringement offender who is subject to a community work permit attends the community corrections centre or other places that the infringement offender is required by the Regional Manager to attend.
33 How registered infringement fines on community work permit can be paid
(1) A person may pay a registered infringement fine in respect of which a community work permit is in force—
(a) in person at a community corrections centre between 10.00 a.m. and 4.00 p.m. on any Monday to Friday other than a public holiday, in cash; or
(b) by an electronic funds transfer, or by a credit card, to an ADI; or
(c) by posting to a community corrections centre a bank cheque (marked "not negotiable") or money order made payable to the Department of Justice and Regulation.
(2) A payment under subregulation (1)(c) by bank cheque is not made until the cheque is honoured on presentation to the relevant bank.
(3) In this regulation—
electronic funds transfer does not include—
(a) a transfer of money over the Internet; or
(b) a withdrawal or transfer of money carried out by telephone banking;
public holiday, in relation to a community corrections centre, means a day appointed as a public holiday or declared as a bank holiday under the Public Holidays Act 1993 in the place in which the community corrections centre is located.
34 Variation or cancellation of community work permits
(1) For the purposes of section 159(1)(b) of the Act, a prescribed class of person is a person who is a community corrections officer.
(2) For the purposes of section 159(2), a community corrections officer is a prescribed person.
35 Contravention of community work permit
For the purposes of section 160(3) of the Act, a prescribed class of person is a person who is a community corrections officer.
Part 10—General
36 Specified enforcement information agencies
For the purposes of section 178(4) of the Act, a person or body described or specified in Schedule 2 is prescribed as a specified enforcement information agency.
37 Service
For the purposes of section 179(1)(d) of the Act, subject to any specific requirement to the contrary in the Act, a prescribed manner by which a document required or permitted by the Act to be given or served may be served is by leaving it at the last or most usual place of residence or business of the person to be served, with a person—
(a) who apparently resides at or works at the residence or business, as the case may be; and
(b) who appears to be not less than 18 years of age.
Schedule 1—Forms
Form 1—Notice of cessation of employment
Regulation 19
I, [insert name of person making statement] of [insert name of employer (if different from person making statement), address, ABN/ACN/ARBN and contact telephone number] am writing to advise that [insert name and address of former employee] ceased to be employed by [insert name of employer] on [insert date on which employment ceased].
Name:
Signature:
Date:
Sch. 1 Form 2 substituted by S.R. No. 16/2019 reg. 6.
Form 2—Enforcement warrant—Natural Person
Regulation 23(a)
ENFORCEMENT WARRANT
(against a natural person)
Fines Reform Act 2014
Case Number:
Name:
Address:
Date of Birth:
*Gender:
*Driver licence: [insert driver licence number and state]
This enforcement warrant is issued under section 106 of the Fines Reform Act 2014 because the fine defaulter named above—
*has failed to comply with a notice of final demand by—
• defaulting in the payment of a registered fine specified in the notice; or
• defaulting in the payment of a registered collection and enforcement order specified in the notice; or
• not taking any other action specified in the notice of final demand within the time specified in the notice.
*defaulted in the payment of a payment arrangement.
*failed to report as required under section 152(b) of the Fines Reform Act 2014 to the community corrections centre specified in the community work permit imposed on the fine defaulter.
*is the subject of an unsatisfied enforcement warrant.
*DETAILS OF REGISTERED FINE
*Infringement offence/*Offence:
*Infringement offence date/*Offence date:
Time of *infringement offence/*offence:
Place of *infringement offence/*offence:
*Registration number of vehicle used in *infringement offence/*offence: [insert registration number of vehicle and state]
*Enforcement agency/*Name and venue of sentencing court:
*AMOUNT SPECIFIED
*Outstanding amount of fine: $ [insert the outstanding amount of fine]
*Penalty reminder notice fee: $ [insert the penalty reminder notice fee amount prescribed under theInfringements Act 2006]
*Collection fee: $ [insert the collection fee amount]
*Enforcement warrant fee: $ [insert the enforcement warrant fee amount]
*Amount specified: $ [insert total amount]
*DETAILS OF REGISTERED COLLECTION AND ENFORCEMENT ORDER
*Court:
*Court case number:
*Date of order:
*Details of the registered infringement fine(s) in respect of which the order has been made are listed in Schedule A to this warrant.
*Details of the registered court fine(s) in respect of which the order has been made are set out below.
*Court that issued the fine:
*Court fine hearing date:
*Offence description date:
*Offence date:
*AMOUNT SPECIFIED
*Registered collection and enforcement order: $ [insert the outstanding amount of the order]
*Collection fee: $ [insert the collection fee amount]
*Enforcement warrant fee: $ [insert the enforcement warrant fee amount]
*Amount specified: $ [insert total amount]
AUTHORITY AND DIRECTIONS
To—
*the sheriff.
*[insert name and rank], a named police officer.
*all police officers.
*the Commissioner within the meaning of the Corrections Act 1986.
*[insert name], a person authorised by law to execute an enforcement warrant [specify person and authority].
You are to demand payment of the amount specified from the fine defaulter named in this enforcement warrant.
If the amount specified is paid, you must forward the amount received to the Director, Fines Victoria without delay.
If the amount specified is not paid in full
Partial payment
If part of the amount specified is paid, you must reduce the amount specified by the amount paid, amend the execution copy of the enforcement warrant, receive payment, forward it to the Director, Fines Victoria without delay and notify the registrar.
Seizure and sale of property
You are—
(i) authorised to break, enter and search any residential or business premises occupied by the fine defaulter named in the enforcement warrant for any personal property of that fine defaulter; and
(ii) directed and authorised to seize the personal property of the fine defaulter named in the enforcement warrant; and
(iii) if the amount specified together with all lawful costs of execution are not paid, directed and authorised to sell the personal property seized.
Arrest
You are—
(i) authorised to break, enter and search for the fine defaulter named in the enforcement warrant in any place where the fine defaulter named is suspected to be; and
(ii) subject to any endorsement as to bail below, directed and authorised to arrest the fine defaulter if you cannot find sufficient personal property of the fine defaulter named in the enforcement warrant on which to satisfy the amount specified together with all lawful costs of execution.
PROCEDURE AFTER ARREST
*Execution of enforcement warrant: registered infringement fines, other than a fine defaulter in contravention of a community work permit
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered infringement fine—
(i) to be released on a community work permit in accordance with Part 13 of the Fines Reform Act 2014 if appropriate; or
(ii) if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13 of the Fines Reform Act2014, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014; or
(iii) if the fine defaulter is not dealt with under paragraph (i) or (ii), to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(iv) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered collection and enforcement order made in respect of an outstanding registered infringement fine
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered collection and enforcement order made in respect of an outstanding registered infringement fine—
(i) if the fine defaulter refuses to enter into an undertaking of bail, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014; or
(ii) if the fine defaulter is not dealt with under paragraph (i), to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(iii) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered court fines
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered court fine—
(i) to be brought before the sentencing court immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered collection and enforcement order made in respect of an outstanding registered court fine
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered collection and enforcement order made in respect of an outstanding registered court fine—
(i) to be brought before the sentencing court that imposed the relevant registered court fine immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977; or
(iii) if the fine defaulter is not dealt with under paragraph (i) or (ii), to be brought before the sentencing court that imposed the relevant registered court fine immediately after being arrested to be dealt with according to law; or
(iv) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: contravention of a community work permit
Subject to any endorsement as to bail below, if the fine defaulter named in this enforcement warrant failed to report as required under section 152(b) of the Fines Reform Act 2014 to a community corrections centre specified in a community work permit, you must cause that fine defaulter—
(i) to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(ii) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977; or
(iii) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested and the fine defaulter refuses to enter into an undertaking of bail, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014.
Issued at: [place] on: [date]
Issued by: [name]
REGISTRAR
ENDORSEMENT AS TO BAIL UNDER SECTION 106(4) OF THE FINES REFORM ACT 2014
Bail may be granted on the following conditions:
The fine defaulter named may be released on entering an undertaking of bail to appear at [insert the name and venue of the court at which the fine defaulter must appear] on the following conditions:
[specify conditions]
Issued by: [name]
REGISTRAR
Date:
*Delete if inapplicable.
SCHEDULE A—Details of Registered Infringement Fines
Enforcement agency
Infringement number
Offence description
Date and time of offence
Place of offence
[Insert details of registered infringement fine]
Form 3—Enforcement warrant—Body corporate
Regulation 23(b)
ENFORCEMENT WARRANT
(against a body corporate)
Fines Reform Act 2014
Case Number:
Name:
Address:
ACN, ARBN or ABN:
This enforcement warrant is issued under section 106 of the Fines Reform Act 2014 because the fine defaulter named above:
*has failed to comply with a notice of final demand by defaulting in the payment of a registered fine specified in the notice.
*has failed to comply with a notice of final demand by not taking action specified in the notice within the time specified in the notice.
*defaulted in the payment of a payment arrangement.
*is the subject of an unsatisfied enforcement warrant.
DETAILS OF REGISTERED FINE
*Infringement offence/*Offence:
*Infringement offence date/*Offence date:
Time of *infringement offence/*offence:
Place of *infringement offence/*offence:
*Registration number of vehicle used in *infringement offence/*offence: [insert registration number of vehicle and state]
*Enforcement agency/*Name and venue of sentencing court:
AMOUNT SPECIFIED
Outstanding amount of fine: $ [insert the outstanding amount of fine]
*Penalty reminder notice fee: $ [insert the penalty reminder notice fee amount prescribed under theInfringements Act 2006]
Collection fee: $ [insert the collection fee amount]
Enforcement warrant fee: $ [insert the enforcement warrant fee amount]
Amount specified: $ [insert total amount]
AUTHORITY AND DIRECTIONS
To the sheriff:
You are to demand payment of the amount specified from the fine defaulter named in this enforcement warrant.
If the amount specified is paid, you must forward it to the Director, Fines Victoria without delay.
If the amount specified is not paid in full
Partial payment
If part of the amount specified is paid, you must reduce the amount specified in this enforcement warrant by the amount paid, amend the execution copy of the enforcement warrant, receive payment, forward that payment to the Director, Fines Victoria without delay and notify the registrar.
Seizure and sale of property
You are authorised to break, enter and search any residential or business premises occupied by the fine defaulter named in the enforcement warrant for any personal property of that fine defaulter.
You are further directed and authorised—
(i) to seize the personal property of the fine defaulter named in the enforcement warrant; and
(ii) if the amount specified together with all lawful costs of execution are not paid, to sell the personal property seized.
Issued at: on:
Issued by: [name]
REGISTRAR
Schedule 2—Specified enforcement information agencies for the purposes of section 178
Regulation 36
No.
Agency name
1
Ararat Rural City Council
2
Ballarat City Council
3
Banyule City Council
4
Baw Baw Shire Council
5
Bayside City Council
6
Benalla Rural City Council
7
Boroondara City Council
8
Borough of Queenscliffe
9
Brimbank City Council
10
Buloke Shire Council
11
Central Goldfields Shire Council
12
City of Greater Bendigo
13
City of Melbourne
14
City of Whittlesea
15
Colac–Otway Shire Council
16
Corangamite Shire Council
17
Darebin City Council
18
Department of Economic Development, Jobs, Transport and Resources
19
Department of Environment, Land, Water and Planning
20
Director of Consumer Affairs Victoria
21
East Gippsland Shire Council
22
Environment Protection Authority
23
Frankston City Council
24
Game Management Authority
25
Gannawarra Shire Council
26
Glen Eira City Council
27
Glenelg Shire Council
28
Golden Plains Shire Council
29
Greater Dandenong City Council
30
Greater Geelong City Council
31
Greater Shepparton City Council
32
Hepburn Shire Council
33
Hobsons Bay City Council
34
Horsham Rural City Council
35
Hume City Council
36
Indigo Shire Council
37
Kingston City Council
38
Knox City Council
39
Latrobe City Council
40
Loddon Shire Council
41
Macedon Ranges Shire Council
42
Manningham City Council
43
Mansfield Shire Council
44
Maribyrnong City Council
45
Maroondah City Council
46
Mildura Rural City Council
47
Mitchell Shire Council
48
Monash City Council
49
Moonee Valley City Council
50
Moorabool Shire Council
51
Mornington Peninsula Shire
52
Mount Alexander Shire Council
53
Moyne Shire Council
54
Nillumbik Shire Council
55
Northern Grampians Shire Council
56
Port Phillip City Council
57
Pyrenees Shire Council
58
Shire of Campaspe
59
South Gippsland Shire Council
60
Southern Grampians Shire Council
61
Stonnington City Council
62
Strathbogie Shire Council
63
Surf Coast Shire Council
64
Swan Hill Rural City Council
65
Taxi Services Commission
66
Towong Shire Council
67
Victorian Fisheries Authority
68
Wangaratta Rural City Council
69
Warrnambool City Council
70
Wellington Shire Council
71
West Wimmera Shire Council
72
Whitehorse City Council
73
Wodonga City Council
74
Wyndham City Council
75
Yarra City Council
76
Yarra Ranges Shire Council
77
Yarriambiack Shire Council
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Fines Reform Regulations 2017, S.R. No. 129/2017 were made on 19 December 2017 by the Governor in Council under section 185 of the Fines Reform Act 2014, No. 47/2014 and came into operation on 31 December 2017: regulation 3.
The Fines Reform Regulations 2017 will sunset 10 years after the day of making on 19 December 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fines Reform Regulations 2017 by statutory rules, subordinate instruments and Acts.
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.