221 Proceeding in Children's Court to be discontinued
(1) This section applies to a proceeding commenced under Schedule 3 of the Children, Youth and Families Act 2005 in relation to an infringement offence if—
(a) before the commencement day, a child elected under Division 7 of Part 2 of this Act to have the matter heard and determined in Children's Court; and
(b) the infringement offence relates to conduct allegedly engaged in by the child when the child was 10 or 11 years of age; and
(c) immediately before the commencement day, the proceeding has not been determined.
(2) If this section applies to a proceeding, on the commencement day—
(a) the enforcement agency must discontinue the proceeding; and
(b) the child is, by virtue of this section, taken to be not guilty of the alleged infringement offence; and
(c) the infringement notice must be withdrawn; and
(d) the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.
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.
Minister's second reading speech—
Legislative Assembly: 16 November 2005
Legislative Council: 28 March 2006
The long title for the Bill for this Act was "to provide for a new framework for the issuing and serving of infringement notices for offences and the enforcement of infringement notices, to amend the Magistrates' Court Act 1989, the Road Safety Act 1986 and the Subordinate Legislation Act 1994 and for other purposes."
The Infringements Act 2006 was assented to on 11 April 2006 and came into operation on 1 July 2006: Government Gazette 29 June 2006 page 1315.
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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• 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 an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Infringements Act 2006 by Acts and subordinate instruments.
| Assent Date: | 11.4.06 |
| Commencement Date: | S. 211A(4) inserted on 1.6.16 by No. 29/2016 s. 106: s. 2(1) |
| Note: | S. 211A(4) repealed s. 211A on 1.6.18 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
| Assent Date: | 13.6.06 |
| Commencement Date: | S. 53 on 11.4.06: s. 2(2); ss 4–52, 54 on 1.7.06: Government Gazette 29.6.06 p. 1315 |
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
| Assent Date: | 15.8.06 |
| Commencement Date: | S. 40 on 1.9.06: s. 2(2); s. 42(Sch. item 18) on 23.4.07: s. 2(3) |
| Assent Date: | 22.11.11 |
| Commencement Date: | Ss 97, 98 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3; s. 96 on 30.9.13: s. 2(4) |
Liquor Control Reform Further Amendment Act 2011, No. 71/2011
| Assent Date: | 6.12.11 |
| Commencement Date: | S. 32 on 20.2.12: Special Gazette (No. 26) 7.2.12 p. 1 |
Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012
| Assent Date: | 29.5.12 |
| Commencement Date: | S. 75 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |
Heavy Vehicle National Law Application Act 2013, No. 30/2013
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 60(Sch. item 4) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 |
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 51 on 17.2.14: Special Gazette (No. 449) 17.12.13 p. 1; s. 54 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2 |
Road Legislation Amendment Act 2013, No. 74/2013
| Assent Date: | 3.12.13 |
| Commencement Date: | S. 9 on 1.7.15: s. 2(3) |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 87) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Fines Reform Act 2014, No. 47/2014 (as amended by Nos 29/2016, 59/2017)
| Assent Date: | 1.7.14 |
| Commencement Date: | Ss 203, 204(a), 206, 207(1)–(3), 208–213, 215(2)(b)(3), 217(3)(4), 219, 225–239C, 240(1)(3), 241–244, 246, 247 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1; ss 205, 207(4), 214, 215(1)(2)(a)(4), 216, 217(1)(2), 218, 220–224 were never proclaimed, repealed by No. 29/2016 s. 50(1); s. 240(2) was never proclaimed, repealed by No. 29/2016 s. 52; s. 245 was never proclaimed, repealed by No. 29/2016 s. 53; s. 204(b) was never proclaimed, repealed by No. 59/2017 s. 93 |
Statute Law Revision Act 2015, No. 21/2015
| Assent Date: | 16.6.15 |
| Commencement Date: | S. 3(Sch. 1 item 28) on 1.8.15: s. 2(1) |
Fines Reform and Infringements Acts Amendment Act 2016, No. 29/2016
| Assent Date: | 31.5.16 |
| Commencement Date: | Ss 96–106 on 1.6.16: s. 2(1); ss 59, 60 on 1.9.16: Special Gazette (No. 261) 23.8.16 p. 1; ss 61–89 on 1.7.17: s. 2(4); ss 90–95 on 31.12.17: s. 2(2) |
Fines Reform Amendment Act 2017, No. 59/2017[2],[3]
| Assent Date: | 5.12.17 |
| Commencement Date: | Ss 110–112, 114–124 on 6.12.17: s. 2(1); ss 9, 113 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 70) on 1.3.19: s. 2(2) |
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
| Assent Date: | 14.8.18 |
| Commencement Date: | S. 107 on 15.8.18: s. 2(1) |
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019
| Assent Date: | 26.3.19 |
| Commencement Date: | Ss 111, 112 on 19.2.20: s. 2(3) |
Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019
| Assent Date: | 6.11.19 |
| Commencement Date: | S. 117(Sch. 1 item 7) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 57) on 1.7.21: s. 2(4) |
North East Link Act 2020, No. 18/2020
| Assent Date: | 10.6.20 |
| Commencement Date: | Ss 134, 135 on 1.3.21: s. 2(2) |
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
| Assent Date: | 23.3.21 |
| Commencement Date: | Ss 192–194 on 9.8.21: Special Gazette (No. 420) 3.8.21 p. 1 |
Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021
| Assent Date: | 7.12.21 |
| Commencement Date: | Ss 55, 56 on 30.8.22: Special Gazette (No. 438) 30.8.22 p. 1 |
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022
| Assent Date: | 18.5.22 |
| Commencement Date: | Ss 68–72, 75, 76 on 19.5.22: s. 2(1); s. 74 on 18.7.22: Special Gazette (No. 346) 5.7.22 p. 1; ss 66, 67, 73 on 8.3.24: s. 2(3) |
Youth Justice Act 2024, No. 32/2024
| Assent Date: | 10.9.24 |
| Commencement Date: | Ss 833, 834 on 30.9.25: s. 2(2) |
S. 164 (repealed): The amendment proposed by section 41 of the Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 (repealed) is not included in this publication due to the earlier repeal of section 164 by section 243 of the Fines Reform Act 2014, No. 47/2014.
Section 41 read as follows:
41 Infringements Act 2006
At the foot of section 164 of the Infringements Act 2006 insert—
"Note
See also Part 5A of the Family Violence Protection Act 2008 in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.". ↑
Table of Amendments (Fines Reform Amendment Act 2017): The amendment proposed by section 9(a) of the Fines Reform Amendment Act 2017, No. 59/2017 is not included in this publication because section 25(3)(e) is not part of this Act.
Section 9(a) reads as follows:
9 What can an enforcement agency decide on review?
In section 25 of the Infringements Act 2006—
(a) in subsection (3), for paragraph (e) substitute—
"(e) be the subject of an application to the Director for a work and development permit; or
(f) make an FVS application (within the meaning of the Fines Reform Act 2014) under section 10M of that Act, unless the person has already made an FVS application with respect to the infringement notice.". ↑
Table of Amendments (Fines Reform Amendment Act 2017): The amendments proposed by section 119(2) and (4) of the Fines Reform Amendment Act 2017, No. 59/2017 are not included in this publication because section 46(1A) and (7) are not part of this Act.