Version incorporating amendments as at
31 December 2017
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
Part 2—Defined terms for the purposes of the Act 3
6 Enforcement agencies 3
7 Criteria for determining homelessness 3
Part 3—Enforcement agency reporting 4
8 Reports to Attorney-General 4
Part 4—Fees and charges 6
9 Penalty reminder notice fee 6
11 Exemption from fees 6
Part 5—Pre-enforcement 7
12 Official warning 7
13 Withdrawal of official warning 8
14 Infringement notice 8
15 Withdrawal notice 11
16 Time within which enforcement agency must review decision 12
17 Penalty reminder notice 13
Part 7—Going to Court 17
19 Information to be lodged with the Court 17
Part 15—General 18
49 Service 18
Schedule 1—Regulations revoked 19
Schedule 2—Enforcement agencies 22
═══════════════
Endnotes 25
1 General information 25
2 Table of Amendments 27
3 Amendments Not in Operation 28
4 Explanatory details 29
Version No.003
Infringements Regulations 2016
S.R. No. 56/2016
Version incorporating amendments as at
31 December 2017
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe—
Reg. 1(a) substituted by S.R. No. 130/2017 reg. 5(a).
(a) fees, costs and charges payable under the Infringements Act 2006;
Reg. 1(b) substituted by S.R. No. 130/2017 reg. 5(a).
(b) details that must be included in a range of documents relating to the pre‑enforcement stage of the infringement system under that Act;
Reg. 1(c) substituted by S.R. No. 130/2017 reg. 5(a).
(c) the information that enforcement agencies need to provide to the Attorney-General under that Act;
Reg. 1(d) revoked by S.R. No. 130/2017 reg. 5(a).
Reg. 1(e)–(h) revoked by S.R. No. 130/2017 reg. 5(b).
(i) other matters required to be prescribed under that Act.
2 Authorising provision
These Regulations are made under section 168 of the Infringements Act 2006.
3 Commencement
These Regulations come into operation on 26 June 2016.
4 Revocation
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
Reg. 5 def. of drug of dependence revoked by S.R. No. 130/2017 reg. 6.
Reg. 5 def. of Infringe-ments Court revoked by S.R. No. 130/2017 reg. 6.
parking infringement has the same meaning as it has in the Road Safety Act 1986;
Reg. 5 def. of Regional Manager revoked by S.R. No. 130/2017 reg. 6.
the Act means the Infringements Act 2006.
Part 2—Defined terms for the purposes of the Act
6 Enforcement agencies
For the purposes of paragraph (c) of the definition of enforcement agency in section 3(1) of the Act, a person or body or class of person or body described or specified in Schedule 2 is a prescribed person or body or class of person or body (as the case requires).
7 Criteria for determining homelessness
For the purposes of paragraph (c) of the definition of special circumstances in section 3(1) 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.
Part 3—Enforcement agency reporting
8 Reports to Attorney-General
(1) For the purposes of section 6 of the Act, an enforcement agency must provide to the Attorney‑General the following information—
(a) the number of official warnings served by the enforcement agency in relation to each category of infringement offence;
(b) the number of official warnings withdrawn by the enforcement agency in relation to each category of infringement offence;
(c) the number of infringement notices served by the enforcement agency in relation to each category of infringement offence;
(d) the number of infringement notices withdrawn by the enforcement agency in relation to each category of infringement offence;
(e) in relation to each category of infringement offence, the number of persons served with an infringement notice who elect under section 16(1) of the Act to have the matter of the infringement offence heard and determined in the Court or the Children's Court;
(f) in relation to each category of infringement offence, the following—
(i) the number of applications for internal review received by the enforcement agency under each of the grounds in section 22(1) of the Act;
(ii) as far as practicable, in relation to the information provided under subparagraph (i), the number of applications for internal review decided in accordance with section 25(1)(a) to (h) or 25(2)(a) to (c) of the Act, as the case may be;
(iii) as far as practicable, in relation to decisions made under section 25(1)(h) of the Act, the relevant combination of actions taken;
Reg. 8(1)(f)(iv) inserted by S.R. No. 130/2017 reg. 7.
(iv) as far as practicable, in relation to decisions made under section 25(2A) of the Act, whether the decision was to grant or refuse the application;
(g) the number of applications for payment plans received by the enforcement agency under section 46(1) of the Act, and, as far as practicable—
(i) the total number of payment plans offered under section 46(3) and (4) of the Act; and
(ii) in relation to payment plans offered under section 46(3) or (4) of the Act, the total number of payment plans commenced in accordance with section 48 of the Act; and
(iii) in relation to commenced payment plans, the number of persons sent written notice advising of default under section 52 of the Act.
(2) The prescribed intervals for the purposes of section 6(a) of the Act are intervals of 6 months.
Pt 4 (Heading) amended by S.R. No. 130/2017 reg. 8.
Part 4—Fees and charges
Reg. 9 substituted by S.R. No. 130/2017 reg. 9.
9 Penalty reminder notice fee
For the purposes of the definition of penalty reminder notice fee in section 3(1) of the Act, if a penalty reminder notice is served in respect of an infringement penalty, the prescribed fee is 1·74 fee units.
Reg. 10 revoked by S.R. No. 130/2017 reg. 10.
Reg. 11 (Heading) amended by S.R. No. 130/2017 reg. 11(1).
11 Exemption from fees
Reg. 11(1) amended by S.R. No. 130/2017 reg. 11(2)(a).
(1) The following persons are exempt from the fees specified in regulation 9—
(a) a police officer acting in the course of the officer's duty;
(b) a person acting for or by authority of the Crown.
Reg. 11(2) amended by S.R. No. 130/2017 reg. 11(2)(b).
(2) Despite subregulation (1), any fee that would otherwise be payable under regulation 9 is payable by the person who is liable to pay the infringement penalty to which the prescribed cost relates.
Part 5—Pre-enforcement
12 Official warning
For the purposes of section 8(2) of the Act, the prescribed details that an official warning must contain are the following—
(a) that it is an official warning;
(b) the date of the official warning;
(c) the name and address (if known) of the person served with the official warning;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference of the official warning;
(f) either—
(i) the name of the issuing officer; or
(ii) the enforcement agency identifying reference of the issuing officer;
(g) the date and approximate time and place of the infringement offence alleged to have been committed;
(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;
(i) that further information may be obtained from at least one of the following—
(i) a nominated telephone number;
(ii) a designated address;
(iii) the enforcement agency's website.
13 Withdrawal of official warning
(1) For the purposes of section 11(2) of the Act, the prescribed period is 6 months from the date of service of the official warning.
(2) For the purposes of section 11(4)(b) of the Act, the prescribed details that a withdrawal of an official warning must contain are the following—
(a) that it is a withdrawal of the official warning;
(b) the date of the withdrawal of the official warning;
(c) the name and address (if known) of the person served with the withdrawal of the official warning;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference of the withdrawal of the official warning;
(f) the date and approximate time and place of the infringement offence alleged to have been committed;
(g) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;
(h) a statement of how the enforcement agency intends to proceed in respect of the infringement offence alleged to have been committed.
14 Infringement notice
(1) For the purposes of section 13 of the Act, the prescribed details that an infringement notice must contain are the following—
(a) that it is an infringement notice;
(b) the date of the infringement notice;
(c) the name and address (if known) of the person served with the infringement notice or, if the infringement notice is in respect of an infringement offence that is a parking infringement, the words "the Owner";
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference of the infringement notice;
(f) subject to paragraph (g), either—
(i) the name of the issuing officer; or
(ii) the enforcement agency identifying reference of the issuing officer;
(g) in the case of an infringement notice issued or served on behalf of the Traffic Camera Office, the title or name of the issuing officer;
(h) the date and approximate time and place of the infringement offence alleged to have been committed;
(i) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;
(j) the infringement penalty;
(k) the manner in which the infringement penalty may be paid;
(l) that the infringement penalty must be paid by a specified due date;
(m) that failure to pay the infringement penalty by the specified due date may result in further enforcement action being taken and the incurring of further costs;
(n) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—
(i) sections 89A to 89D of the Road Safety Act 1986;
(ii) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;
(iii) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;
Reg. 14(1)(o) amended by S.R. No. 130/2017 reg. 12.
(o) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act or a payment arrangement under Part 5 of the Fines Reform Act 2014;
(p) that further information and information relating to eligibility for payment plans and applying for internal review can be obtained from at least one of the following—
(i) a nominated telephone number;
(ii) a designated address;
(iii) the enforcement agency's website address;
(q) any further details specifically required to be included in relation to an infringement offence under any Act or other instrument that creates the infringement offence.
Note
Section 13(b) of the Act requires that an infringement notice state that the person is entitled to elect to have the matter of the infringement offence heard and determined in the Magistrates' Court or, if that person is a child, in the Children's Court.
(2) If an infringement notice is in respect of an infringement offence that is a parking infringement, in addition to the details required under subregulation (1), the infringement notice must contain the registration number or other identification of the vehicle involved in the parking infringement.
15 Withdrawal notice
For the purposes of section 19(a) of the Act, the prescribed details that a withdrawal notice must contain are the following—
(a) that it is a withdrawal notice;
(b) the date of the withdrawal notice;
(c) the name and address (if known) of the person served with the infringement notice;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference of the infringement notice;
(f) the date of the infringement notice;
(g) the date and approximate time and place of the infringement offence alleged to have been committed;
(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;
(i) that further information may be obtained from at least one of the following—
(i) a nominated telephone number;
(ii) a designated address;
(iii) the enforcement agency's website address;
Reg. 15(j) substituted by S.R. No. 130/2017 reg. 13.
(j) that if the infringement penalty and any penalty reminder notice fee have been paid, the infringement penalty and penalty reminder notice fee will be refunded, unless the person has—
(i) an ongoing payment plan with the enforcement agency, in which case Part 3 of the Act applies; or
(ii) an ongoing payment arrangement with the Director, in which case Part 5 of the Fines Reform Act 2014 applies.
Note
Section 19(b) of the Act requires that a withdrawal notice must state how an enforcement agency intends to proceed in respect of the infringement offence.
16 Time within which enforcement agency must review decision
For the purposes of section 24(3)(a)(i) of the Act, the prescribed time within which an enforcement agency must review a decision is 90 days.
17 Penalty reminder notice
For the purposes of section 29(5) of the Act, the prescribed details that a penalty reminder notice must contain are the following—
(a) that it is a penalty reminder notice;
(b) the date of the penalty reminder notice;
(c) the name and address (if known) of the person served with the infringement notice;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference of the penalty reminder notice;
(f) subject to paragraph (g), either—
(i) the name of the issuing officer; or
(ii) the enforcement agency identifying reference of the issuing officer;
(g) in the case of a penalty reminder notice issued or served on behalf of the Traffic Camera Office, the title or name of the issuing officer;
(h) the date and approximate time and place of the infringement offence alleged to have been committed;
Reg. 17(i) amended by S.R. No. 130/2017 reg. 14(a).
(i) the infringement penalty and any penalty reminder notice fee owing;
Reg. 17(j) amended by S.R. No. 130/2017 reg. 14(b).
(j) the manner in which the infringement penalty and any penalty reminder notice fee may be paid;
Reg. 17(k) amended by S.R. No. 130/2017 reg. 14(c).
(k) that the infringement penalty and any penalty reminder notice fee must be paid by a specified due date;
(l) that the person may elect to have the matter heard and determined in the Court, or, in the case of a child, in the Children's Court, unless the penalty reminder notice is in respect of an infringement offence to which any of the following provisions apply—
(i) sections 89A to 89D of the Road Safety Act 1986;
(ii) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;
(iii) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;
Reg. 17(m) amended by S.R. No. 130/2017 reg. 14(d)(i).
(m) that failure to pay the infringement penalty and a penalty reminder notice fee by the specified due date may result in further enforcement action being taken and further costs being incurred under—
Reg. 17(m)(i) amended by S.R. No. 130/2017 reg. 14(d)(ii).
(i) the Act and the Fines Reform Act 2014; or
(ii) in the case of a child, Schedule 3 to the Children, Youth and Families Act 2005;
(n) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act, unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—
(i) sections 89A to 89D of the Road Safety Act 1986;
(ii) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;
(iii) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;
Reg. 17(o) amended by S.R. No. 130/2017 reg. 14(e).
(o) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act or a payment arrangement under Part 5 of the Fines Reform Act 2014;
(p) that further information including information relating to eligibility for payment plans and applying for internal review can be obtained from at least one of the following—
(i) a nominated telephone number;
(ii) a designated address;
(iii) the enforcement agency's website address;
Reg. 17(q) substituted by S.R. No. 130/2017 reg. 14(f).
(q) a statement that if the person served with the penalty reminder notice does not understand the document, the person may obtain information from, as the case requires—
(i) the Director; or
(ii) the Registrar of the Children's Court;
Reg. 17(r) inserted by S.R. No. 130/2017 reg. 14(f).
(r) a statement that if the person served with the penalty reminder notice does not understand the document, the person should seek advice from—
(i) a lawyer; or
(ii) Victoria Legal Aid.
Pt 6 (Heading and reg. 18) revoked by S.R. No. 101/2016 reg. 5.
Part 7—Going to Court
19 Information to be lodged with the Court
For the purposes of section 40(1)(a) of the Act, the prescribed information that an enforcement agency must lodge with the Court is the following—
(a) in respect of the offender, the offender's name and address;
(b) in respect of the infringement offence alleged to have been committed, the following—
(i) the date, approximate place and, if available, approximate time of the infringement offence;
(ii) the relevant provision of the Act or other instrument that creates the infringement offence;
(iii) a brief description of the infringement offence;
(c) in respect of the enforcement agency, the name of the enforcement agency.
Pts 8–14 (Headings and
regs 20–48) revoked by S.R. No. 130/2017 reg. 15.
Part 15—General
49 Service
For the purposes of section 162(1)(c) of the Act, subject to any specific requirement to the contrary in the Act, the 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.
Reg. 50 revoked by S.R. No. 130/2017 reg. 16.
Schedule 1—Regulations revoked
Regulation 4
S. R. No.
Title
75/2006
Infringements (Reporting and Prescribed Details and Forms) Regulations 2006
2 Each of the following administrative units or groups within Victoria Police—
(a) Licensing and Regulation Division;
(b) Traffic Camera Office.
3 A Council within the meaning of the Local Government Act 1989.
4 An Administrative Office within the meaning of the Public Administration Act 2004.
5 An Administrative Office Head within the meaning of the Public Administration Act 2004.
6 A Department within the meaning of the Public Administration Act 2004.
7 A Department Head within the meaning of the Public Administration Act 2004.
8 Each of the following within the Department of Economic Development, Jobs, Transport and Resources—
(a) Director, Transport Safety within the meaning of the Transport Integration Act 2010;
(b) Taxi Services Commission within the meaning of the Transport Integration Act 2010.
9 Each of the following within the Department of Justice and Regulation—
(a) Consumer Affairs Victoria;
(b) Victorian Commission for Gambling and Liquor Regulation under the Victorian Commission for Gambling and Liquor Regulation Act 2011;
(c) Corrections Victoria.
10 Each of the following—
(a) a university within the meaning of the Education and Training Reform Act 2006;
(b) an institution approved to operate as a University or part of a University under section 4.3.30(1) of the Education and Training Reform Act 2006.
11 The college affiliated to the University of Melbourne known as Queen's College.
12 A body that is a TAFE institute within the meaning of the Education and Training Reform Act 2006.
13 A Board within the meaning of the Alpine Resorts (Management) Act 1997.
15 A port corporation within the meaning of the Port Management Act 1995.
16 Development Victoria within the meaning of the Development Victoria Act 2003.
17 The Melbourne Market Authority within the meaning of the Melbourne Market Authority Act 1977.
18 Energy Safe Victoria within the meaning of the Energy Safe Victoria Act 2005.
19 Parks Victoria within the meaning of the Parks Victoria Act 1998.
20 The Corporation within the meaning of the Road Safety Act 1986.
21 The House Committee within the meaning of the Parliamentary Committees Act 2003.
22 The Victorian Arts Centre Trust within the meaning of the Victorian Arts Centre Act 1979.
23 The Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013.
24 A hospital listed in Schedule 1, 2 or 3 to the Health Services Act 1988.
25 The Public Transport Division of the Department of Economic Development, Jobs, Transport and Resources.
26 The Environment Protection Authority within the meaning of the Environment Protection Act 1970.
27 The Victorian Electoral Commission within the meaning of the Electoral Act 2002.
Schs 3–16 revoked by S.R. No. 101/2016 reg. 6.
Sch. 17 revoked by S.R. No. 130/2017 reg. 18.
Form 1 revoked by S.R. No. 130/2017 reg. 19.
Form 2 revoked by S.R. No. 130/2017 reg. 20.
═══════════════
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 Infringements Regulations 2016, S.R. No. 56/2016 were made on 7 June 2016 by the Governor in Council under section 168 of the Infringements Act 2006, No. 12/2006 and came into operation on 26 June 2016: regulation 3.
The Infringements Regulations 2016 will sunset 10 years after the day of making on 7 June 2026 (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 Infringements Regulations 2016 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 2017 is $14.22. 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.