Fines Reform Act 2014 No. 47 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 2 3 1 Purposes Commencement Definitions 1 2 2 PART 2—DIRECTOR, FINES VICTORIA 4 5 6 7 8 9 10 Director, Fines Victoria Functions and powers of the Director Powers of the Director Staff Delegation Powers to waive or reduce costs or fees Director has standing to appear or be represented at certain hearings 11 11 11 12 12 12 13 14 PART 3—MANAGEMENT FOR COLLECTION AND ENFORCEMENT OF FINES BY DIRECTOR 15 Division 1—Application of Part 15 11 Part does not apply to children Division 2—Referral for collection and registration of court fines 12 13 14 15 Division does not derogate from Sentencing Act 1991 Referral for collection of court fine by Director Court fine collection statement Registration of court fine for enforcement Division 3—Registration of infringement fines for enforcement 16 17 18 19 Registration of infringement fine with Director Extended period for registration Extension of period for commencing prosecution for summary offences Reliance on material registered i 15 15 15 15 16 16 17 17 19 21 21 Section 20 21 Page Director may decide that enforcement of infringement offence under this Act is not appropriate Enforcement agency may prosecute or withdraw infringement notice Division 4—Notices of final demand 22 23 24 25 Enforcement agency may request notice of final demand not be served Notice of final demand Content of notice of final demand Effect of notice of final demand in case of registered infringement fine Division 5—Fines of bodies corporate 26 27 28 29 30 Registered fine of body corporate is recoverable as debt Options for enforcement of body corporate fine Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced Declared director Director of body corporate may challenge being declared director PART 4—ENFORCEMENT REVIEW 31 32 33 34 35 36 37 38 39 40 41 Application of Part Application for enforcement review Limit on applications for enforcement review Request for additional information Enforcement review Conduct of enforcement actions during enforcement review Outcome of enforcement review Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation Extended period for commencing proceeding for offence Time to pay or enter payment arrangement if infringement confirmation served Other powers of review not affected PART 5—PAYMENT ARRANGEMENTS 42 43 44 45 46 47 48 Person may apply for payment arrangement Referral of infringement fine for payment arrangement Refusal of application for payment arrangement Offering proposed payment arrangements Content of payment arrangement Commencement of payment arrangements Payment arrangements—removals ii 21 22 22 22 23 23 24 25 25 26 27 27 29 31 31 32 33 34 35 35 36 36 37 38 38 39 39 40 40 41 43 43 43 Section 49 50 51 52 53 54 55 56 57 58 Page Cancellation by request of person to whom payment arrangement applies Variation of payment arrangement Addition of fines requires a new payment arrangement to be made Director's power to make payment arrangements Allocation of money received under payment arrangement Provision of current contact details Payment arrangement may extend period for commencing a proceeding for offence Default on a payment arrangement results in other enforcement action Enforcement action on default, cancellation or removal if payment is not complete Payment arrangement has same effect as a full payment— demerit point schemes PART 6—ORAL EXAMINATION AND PRODUCTION OF INFORMATION 59 60 61 62 63 64 Director may direct production of information Offence not to comply with production of information direction Use of information obtained by production of information direction Director may apply for a summons for oral examination and production of information Summons for oral examination and production of information What happens if person does not attend oral examination? 45 46 46 47 47 48 49 51 51 52 53 53 53 53 54 54 55 PART 7—ATTACHMENT OF EARNINGS DIRECTIONS AND ATTACHMENT OF DEBTS DIRECTIONS 57 Division 1—Attachment of earnings direction 57 65 66 67 68 69 70 71 72 73 When can an attachment of earnings direction be made? Notice of direction to be served on fine defaulter and employer Director may request information Protected level of income Employer obligations in respect of an attachment of earnings direction Variation, cancellation or suspension of attachment of earnings direction Cessation of attachment of earnings direction Compliance with an attachment of earnings direction Employee not to be prejudiced because of attachment of earnings direction iii 57 58 58 59 60 60 61 62 62 Section 74 75 76 77 Page Determining the earnings of an employee for the purposes of this Division Two or more employers of one fine defaulter Allocation of money under attachment of earnings direction Enforcement action suspended if attachment of earnings direction made Division 2—Attachment of debts direction 78 79 80 81 82 83 84 85 86 87 When can an attachment of debts direction be made? Bank account Service and effect of attachment of debts direction Dispute of liability by garnishee Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter Obligations of fine defaulter Variation, cancellation or suspension of attachment of debts direction Compliance with an attachment of debts direction Allocation of money under attachment of debts direction Enforcement action suspended if attachment of debts direction made PART 8—DRIVER AND VEHICLE SANCTIONS 88 89 90 91 92 93 94 Application Sanctions that may be imposed on a fine defaulter Effect of further amounts being added to amounts outstanding Cessation of driver and vehicle sanction Cessation of driver and vehicle sanction does not affect any other suspension Avoidance of certain provisions in contracts of insurance Cancellation of registration of vehicle registered in name of deregistered body corporate PART 9—CHARGES OVER LAND AND SALE OF REAL PROPERTY 95 96 97 98 99 100 101 102 103 104 105 Director may serve notice of intention to charge land Power of Director to apply for land charge to be recorded Land becomes subject to charge Removal of land charge Powers of Registrar of Titles Owner to be notified of land charge or removal of land charge Notice of intention to sell charged land Power of sale Sale to be treated as sale by mortgagee Access to property and information about land Application of proceeds of sale iv 63 63 63 64 65 65 66 66 67 67 68 68 69 69 70 71 71 71 72 73 74 74 75 76 76 76 77 78 79 79 79 80 81 81 82 Section Page PART 10—ENFORCEMENT WARRANTS 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Issue of enforcement warrant Enforcement fees and certain costs to be included Recall and cancellation of enforcement warrant What does an enforcement warrant authorise? Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit Execution of enforcement warrant—contravention of community work permit Imprisonment of person on execution of enforcement warrant Bail Act 1977 applies to person arrested Prescribed form of enforcement warrant Persons to whom enforcement warrant may be directed Unexecuted enforcement warrants Consolidation of enforcement warrants in execution copy Notice of seizure of property Warning of execution of enforcement warrant—seven-day notice What can be done during period of the seven-day notice? Executing enforcement warrant after expiry of seven-day notice Reduction of imprisonment by payment of portion of registered fine Rules etc. with respect to execution of enforcement warrant How long does an enforcement warrant remain in force? Stay of enforcement warrant PART 11—DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES 126 127 128 129 130 131 132 133 134 135 136 137 138 Application of Part Detention or immobilisation of motor vehicles Powers to detain, immobilise and seize Powers to tow Notice to be provided on detention or immobilisation Recovery of motor vehicle by registered operator within prescribed period Vehicle seizure and sale Recovery of motor vehicle or item by third party before sale Sheriff may return motor vehicle or items of low monetary value Application of proceeds of sale Section 42 of the Supreme Court Act 1986 does not apply Buyer acquires good title Offence to tamper with or remove means used to immobilise motor vehicle v 83 83 84 84 85 86 87 88 88 89 89 91 91 91 92 93 94 95 96 98 98 100 100 100 100 101 102 102 104 105 105 106 107 108 108 Section Page PART 12—REMOVAL OF NUMBER PLATES 139 140 141 142 143 144 145 146 147 148 149 Application of Part Power to remove number plates Notice to be provided on removal of number plates Director must notify VicRoads of removal of number plates VicRoads must immediately suspend registration of motor vehicle Number plates to be kept in safe custody Recovery of motor vehicle by registered operator within prescribed period Sheriff or police officer may reaffix number plates Notification to Director of returned number plates Cessation of suspension of registration sanction under this Part does not affect any other suspension Avoidance of certain provisions in contracts of insurance PART 13—INFRINGEMENT OFFENDER COMMUNITY WORK PERMITS 150 151 152 153 154 155 156 157 158 159 160 161 162 When a community work permit may be issued Community work permit Conditions of community work permits Direction of Secretary—reporting of infringement offender Cancellation of community work permit on failure to report Cumulative periods of work under community work permits and orders under the Sentencing Act 1991 Community work Secretary may direct infringement offender to report at another place Suspension of community work permit Variation or cancellation of community work permit Contravention of community work permit Part payment of registered infringement fines to reduce community work Hours worked reduces registered infringement fines PART 14—INFRINGEMENT OFFENDER AND IMPRISONMENT 163 164 165 166 167 168 169 Application of this Part Infringement offender to be brought before the Magistrates' Court Powers of the Magistrates' Court Variation of instalment order Application for rehearing in certain circumstances Determination of rehearing Application for bail pending rehearing vi 109 109 109 109 110 110 110 111 112 112 112 113 114 114 114 115 116 117 117 118 119 119 119 120 122 122 124 124 124 125 127 128 130 130 Section 170 171 172 173 Page Infringement offender in custody Reduction of imprisonment by payment of part of registered infringement fine Enforcement and payment report Distribution of enforcement and payment report 131 131 132 133 PART 15—GENERAL 134 Division 1—Information collection 134 174 175 176 177 178 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines Specified agency must comply unless certain cases apply Restriction on Director and sheriff in relation to use of required information Access to and use of information held by credit reporting bodies Certain agencies may give information for enforcement purposes Division 2—Service 179 180 181 Service of documents Substituted service Service deemed despite document being returned to sender Police may assist sheriff Police may exercise certain powers of the sheriff Offence to give false information 189 190 191 192 193 194 195 135 136 138 138 139 139 139 140 Regulations 140 PART 16—TRANSITIONAL PROVISIONS 186 187 188 135 139 Division 4—Regulations 185 135 136 Division 3—Other matters 182 183 184 134 134 General transitional provision Lodgeable infringement offences Infringement penalties lodged under Infringements Act 2006 Enforcement orders made under Infringements Act 2006 Enforcement orders with revocation proceedings in progress Payment orders under Infringements Act 2006 Unexecuted infringement warrants issued under Infringements Act 2006 Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006 Transitional provision for proceeds of vehicles seized and sold Attachment of earnings order vii 144 144 144 144 145 145 146 146 147 147 147 Section 196 197 198 199 200 201 202 Page Attachment of debts order Suspension of driver licences and vehicle registration Community work permits Imprisonment Certain pre-commencement court fines may be registered Superseded references Regulations dealing with transitional matters 148 148 149 149 149 150 150 PART 17—AMENDMENT OF INFRINGEMENTS ACT 2006 152 Division 1—Amendment of preliminary provisions 152 203 204 205 206 207 Amendment of purposes Definitions New definitions inserted Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009 Infringement offences to which this Act applies Division 2—Infringement notices 208 209 210 211 212 213 155 155 156 Service of infringement notice Payment to be within time specified Late payment Person may elect to have matter heard in Court or Children's Court Enforcement agency can refer matter to Court or Children's Court Withdrawal of infringement notice Division 3—Internal reviews 214 215 216 217 218 152 152 153 156 156 156 156 157 158 158 Application of Division Application for internal review Review by enforcement agency What can an enforcement agency decide on review? New Division 3A inserted into Part 2 158 159 161 161 164 Division 3A—Work and development permits 164 27A 27B 27C 27D 27E 164 164 166 166 27F 27G 27H Work and development permits Application for work and development permit Approval of work and development permit Effect of work and development permit Variation or cancellation of work and development permit Accredited agencies Accredited health practitioners Monitoring of accredited agencies and accredited health practitioners viii 167 167 168 169 Section Page 27I 219 220 221 222 223 224 225 226 227 228 Record-keeping by accredited agencies and accredited health practitioners 27J Accreditation may be revoked or surrendered 27K Work and development permit guidelines 27L Liability Penalty reminder notices Exceptions to expiation Expiating the offence Effect of expiation Agreeing to pay by instalments has same effect as a full payment Cancellation of certain infringement notices Heading to Division 7 of Part 2 amended Decision to go to Court—lodgeable infringement offences Going to Court—indictable offences Avoiding service Division 4—Payment plans 229 230 231 232 233 234 235 236 237 238 239 170 170 171 172 173 173 173 174 175 175 175 175 176 176 176 Establishment of the central payment plan facility Payment plans available in certain circumstances Payment plans Section 48 substituted 48 Commencement of payment plans Payment plans—additions, removals and cancellations New sections 49A and 49B inserted 49A Variation of payment plan 49B Addition of infringement penalties requires a new payment plan to be made Allocation of money received under payment plan Provision of current contact details Section 52 substituted and new section 52A inserted 52 Default on a payment plan results in other enforcement action 52A Enforcement action on default, cancellation or removal if payment is not complete Section 53 amended New Part 3A inserted 176 176 178 178 178 179 179 179 PART 3A—INTERNAL REVIEW OVERSIGHT 183 53A 53B 53C 53D 183 184 185 185 Guidelines Oversight and monitoring by Director Recommendations to enforcement agencies Reports and recommendations to Attorney-General ix 180 180 181 181 181 182 183 183 Section Page Division 5—Repeals and further consequential amendments 240 241 242 243 244 245 246 247 186 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed Service of documents Service deemed despite document being returned to sender Sections 164, 165 and 166 repealed Regulations—provisions repealed Regulations—work and development permit powers inserted Sections 190, 191, 205, 206 and 209A repealed New Part 16 inserted 186 186 187 187 187 187 188 188 PART 16—TRANSITIONAL PROVISIONS—FINES REFORM ACT 2014 188 212 213 214 215 216 217 218 Definitions General transitional provision Infringement notices and penalty reminder notices Internal review applications Payment plans Person unaware Request from and applications for infringement offender under section 161A 188 188 188 190 190 191 191 PART 18—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND REPEAL 193 Division 1—Associations Incorporation Reform Act 2012 193 248 Additional step for ongoing offence Division 2—Australian Consumer Law and Fair Trading Act 2012 249 Prohibited debt collection practices Division 3—Bail Act 1977 250 251 Where impracticable to bring person arrested before court Admission to bail CAYPINS procedure Application for registration of infringement penalty Division 5—Control of Weapons Act 1990 254 Forfeiture of controlled weapons if infringement notice served Division 6—Corrections Act 1986 255 193 193 194 Division 4—Children, Youth and Families Act 2005 252 253 193 194 194 195 195 195 196 196 197 Definitions 197 x Section Page Division 7—Criminal Procedure Act 2009 256 257 258 259 Definitions Summary offences Non-appearance of accused—Infringements Act 2006 Appearance Division 8—Drugs, Poisons and Controlled Substances Act 1981 260 Retention and return of seized items Division 9—EastLink Project Act 2004 261 262 Enforcement of infringement penalty Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone Division 10—Education and Care Services National Law Act 2010 263 Infringements law Forfeiture of graffiti implements Return of seized items when no proceedings brought etc. Division 12—Heavy Vehicle National Law Application Act 2013 266 267 Infringement Notice Offences Law Infringements Act 2006 Division 13—Magistrates' Court Act 1989 268 269 270 271 272 273 274 275 276 277 278 279 280 281 197 198 198 198 199 199 199 199 199 203 203 Division 11—Graffiti Prevention Act 2007 264 265 197 Definitions Rules of Court Employment of principal registrar, registrars and deputy registrars Warrants Recall and cancellation of warrant Effect of defect or error in certain warrants Heading to Subdivision 2 of Division 6 of Part 4 amended Section 99 substituted 99 Infringement offence enforcement procedure under t he Fines Reform Act 2014 Certain agencies may give information for enforcement purposes Ministers may enter into administrative services agreements Subject matter of agreement Unauthorised access to or interference with data Contempt of court Regulations xi 204 204 204 204 204 205 205 205 205 205 206 206 206 206 206 206 207 207 207 208 208 208 Section Page Division 14—Marine (Drug, Alcohol and Pollution Control) Act 1988 282 283 Extension of time to object if no actual notice Section 61C amended Division 15—Melbourne City Link Act 1995 284 285 Section 86 of the Melbourne City Link Act 1995 amended Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone Division 16—Road Safety Act 1986 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 307 308 208 209 209 209 209 214 Definitions Powers of Corporation Suspension of motor vehicle or trailer registration Cessation of suspension Section 9AC substituted 9AC Direction not to grant or renew registration Renewal of registration Section 9AE substituted 9AE Non-transfer of registration Transfer of registration New section 9AG inserted 9AG Cancellation of registration Appeal to Magistrates' Court Section 19A substituted 19A Direction not to grant or renew licence Renewal of licence or permit Cancellation, suspension or variation of licences and permits by Corporation Section 30AA of the Road Safety Act 1986 amended Extension of time if no actual notice for certain traffic infringements Traffic infringements Extension of time to object if no actual notice Extension of time to lodge statement under section 84BE Section 89E amended Division 17—Sentencing Act 1991 305 306 208 214 214 214 215 215 215 216 216 216 217 217 217 218 218 218 219 219 219 220 224 224 224 225 225 Imprisonment Application to Magistrates' Court for fine conversion order and powers of court Issue of warrant to arrest person in default When may warrant be executed? xii 225 225 225 225 Section 309 310 311 312 Page New sections 69FA and 69FB inserted 69FA Orders of court in relation to fine defaulter on arrest— Fines Reform Act 2014 69FB Order of court in absence of fine defaulter—Fines Reform Act 2014 Order of court if material change in circumstances of offender Other orders of court Application to infringement enforcement procedure Division 18—Surveillance Devices Act 1999 313 Prohibition on communication or publication of private conversations or activities Division 19—Sustainable Forests (Timber) Act 2004 314 Retention and return or forfeiture of certain seized items Division 20—Transport (Safety Schemes Compliance and Enforcement) Act 2014 315 316 Extension of time to object if no actual notice Section 97 amended 226 226 227 227 228 228 228 228 229 229 229 229 229 PART 19—SHERIFF ACT 2009 AND REPEAL OF AMENDING PARTS 230 Division 1—Sheriff Act 2009 230 317 318 319 320 321 322 323 324 325 326 327 328 329 330 Definitions Requirements in relation to entry to premises to execute civil warrants New section 22A inserted 22A Entry to premises to execute multiple money warrants Section 26 amended Sheriff may demand and receive payment in relation to money warrants Section 28 amended Sheriff may recover reasonable costs and expenses of execution Sheriff's duties on receipt of money to satisfy debt or on seizing property Section 38 amended Section 40 amended Section 41 amended Information collection New section 55A inserted 55A Access to and use of information held by credit reporting bodies Regulations xiii 230 231 231 231 231 232 232 233 233 234 234 235 235 236 236 236 Section Page Division 2—Repeal of amending Parts 331 Repeal of amending Parts ═══════════════ ENDNOTES 237 237 238 xiv Victoria Fines Reform Act 2014† No. 47 of 2014 [Assented to 1 July 2014] 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 1 Fines Reform Act 2014 No. 47 of 2014 Part 1—Preliminary s. 2 (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. (2) If a provision of this Act does not come into operation before 30 June 2016, it comes into operation on that day. 3 Definitions In this Act— accredited agency has the same meaning as it has in the Infringements Act 2006; accredited health practitioner has the same meaning as it has in the Infringements Act 2006; 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; bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; 2 Fines Reform Act 2014 No. 47 of 2014 Part 1—Preliminary child means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years, but does not include any person who is of or above the age of 19 years 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; 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; Council has the same meaning as it has in the Local Government Act 1989; 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; 3 s. 3 Fines Reform Act 2014 No. 47 of 2014 s. 3 Part 1—Preliminary 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; driver and vehicle sanction means a sanction that the Director has directed VicRoads 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; enforcement agency has the same meaning as it has in the Infringements Act 2006; 4 Fines Reform Act 2014 No. 47 of 2014 Part 1—Preliminary enforcement and payment report means a report under section 172; enforcement cancellation means a decision by the Director under section 37(1)(b); enforcement costs means any prescribed costs related to the enforcement of a fine; enforcement review means a review by the Director under section 35; enforcement warrant means a warrant issued under Part 10; enforcement warrant fee means the prescribed fee that applies on the issue of an enforcement warrant; 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; fine means either or both of the following— (a) an infringement fine; (b) a court fine; fine defaulter means a person, including a declared director, who owes an outstanding amount under a registered fine and in respect of whom a notice of final demand has been served, but does not include a person who has applied for either of the following in respect of any registered fine until that application is determined— (a) a payment arrangement; (b) in the case of a registered infringement fine, enforcement review; 5 s. 3 Fines Reform Act 2014 No. 47 of 2014 s. 3 Part 1—Preliminary garnishee means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter; 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); infringement fine means an infringement penalty and any prescribed costs and includes any enforcement warrant 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; instalment order means— (a) an instalment order within the meaning of the Sentencing Act 1991; and (b) an instalment order made under section 165; 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; 6 Fines Reform Act 2014 No. 47 of 2014 Part 1—Preliminary law enforcement agency has the same meaning as in the Surveillance Devices Act 1999; local law means a local law made under Part 5 of the Local Government Act 1989; motor vehicle has the same meaning as it has in the Road Safety Act 1986; 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; 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; 7 s. 3 Fines Reform Act 2014 No. 47 of 2014 s. 3 Part 1—Preliminary 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; registered court fine means a court fine that has been registered with the Director under Part 3 for enforcement and includes any enforcement costs; registered fine means either or both of the following— (a) a registered court fine; (b) a registered infringement fine; registered infringement fine means an infringement fine registered with the Director under Part 3 for enforcement and includes any enforcement costs; 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; registrar means a registrar within the meaning of the Magistrates' Court Act 1989; relevant information, in relation to a fine defaulter, means any identification information included in the fine defaulter's credit information; 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 8 Fines Reform Act 2014 No. 47 of 2014 Part 1—Preliminary (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 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; time to pay order has the same meaning as it has in the Sentencing Act 1991 and includes a time to pay order being managed by payment arrangement; 9 s. 3 Fines Reform Act 2014 No. 47 of 2014 s. 3 Part 1—Preliminary traffic infringement has the same meaning as it has in the Road Safety Act 1986; 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); VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010; work and development permit has the same meaning as it has in the Infringements Act 2006. __________________ 10 Fines Reform Act 2014 No. 47 of 2014 Part 2—Director, Fines Victoria 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; (i) to accredit organisations and qualified health practitioners for the purposes of the work and development permit scheme; 11 s. 4 Fines Reform Act 2014 No. 47 of 2014 Part 2—Director, Fines Victoria s. 6 (j) to monitor the conduct of accredited agencies and accredited health practitioners accredited for the purposes of the work and development permit scheme; (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 (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 or the Infringements Act 2006 any function or power conferred, or duty imposed, on the Director by or under this Act or the Infringements Act 2006 other than this power of delegation. (2) The Director may delegate any powers or functions under Part 5 other than this power of delegation to a person or class of persons employed under Part 3 of the Public Administration Act 2004. 12 Fines Reform Act 2014 No. 47 of 2014 Part 2—Director, Fines Victoria (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 (1) The Director may waive or reduce any enforcement costs or other 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. (3) In the case of a court fine, the Director must not exercise a power to waive or reduce enforcement costs or other fees under subsection (1) if the court has imposed those enforcement costs or other fees. (4) If the Director reduces costs or fees under subsection (1), the reduced amount must be paid within 21 days. 13 s. 9 Fines Reform Act 2014 No. 47 of 2014 s. 10 Part 2—Director, Fines Victoria 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). __________________ 14 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director 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. Note 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. (2) If a court makes an order 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 15 s. 11 Fines Reform Act 2014 No. 47 of 2014 s. 14 Part 3—Management for Collection and Enforcement of Fines by Director 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— (a) be in writing; and (b) specify— (i) the court order made in respect of the offender; and (ii) that failure to comply with the court 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. 15 Registration of court fine for enforcement Unless a court otherwise orders, a court fine is registered with the Director for enforcement if an offender— (a) fails to pay the fine as required by the order; or 16 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director (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. 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 nonregistrable 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; 17 s. 16 Fines Reform Act 2014 No. 47 of 2014 s. 16 Part 3—Management for Collection and Enforcement of Fines by Director (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; (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; (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. 18 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director 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; (c) in the case of an alleged offence against section 40(1A) of the Local Government Act 1989, no more than 6 months after the date of service of the infringement notice in respect of that offence; (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 19 s. 17 Fines Reform Act 2014 No. 47 of 2014 s. 17 Part 3—Management for Collection and Enforcement of Fines by Director due date of the first payment under the payment plan; (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; (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) or (4) of that Act; (i) if a person has nominated another person for an offence committed under the Road Safety Act 1986, the Melbourne City Link Act 1995 or the EastLink Project Act 2004, 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 20 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director 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; (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. 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. 21 s. 18 Fines Reform Act 2014 No. 47 of 2014 s. 21 Part 3—Management for Collection and Enforcement of Fines by Director (2) The Director must not make a determination under subsection (1) if any of the following has occurred— (a) 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. (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. 21 Enforcement agency may prosecute or withdraw infringement notice 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. 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 22 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director demand in respect of the registered infringement fine that would be the subject of the notice of final demand. 23 Notice of final demand (1) Before taking any action to enforce a registered fine against a person, the Director must serve a notice of final demand on the person. (2) The notice of final demand must be sent to— (a) the person's authorised address (within the meaning of section 181(2)); or (b) any alternative address for the person as provided for the purposes of registration. 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— (i) in the payment of the registered fine; 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. (2) A notice of final demand may include or attach a statement of any other registered fines outstanding against the person. 23 s. 23 Fines Reform Act 2014 No. 47 of 2014 s. 25 Part 3—Management for Collection and Enforcement of Fines by Director (3) A failure to include or attach the statement specified in subsection (2), or complete details of any other outstanding registered fines 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— (a) subject to sections 89 and 89A to 89D of the Road Safety Act 1986, section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 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 (b) subject to sections 89 and 89A to 89D of the Road Safety Act 1986, sections 95 and 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 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 24 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director 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. 25 s. 26 Fines Reform Act 2014 No. 47 of 2014 s. 27 Part 3—Management for Collection and Enforcement of Fines by Director (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. 26 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director (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. (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 (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. 27 s. 28 Fines Reform Act 2014 No. 47 of 2014 s. 29 Part 3—Management for Collection and Enforcement of Fines by Director (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. Note 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 28 Fines Reform Act 2014 No. 47 of 2014 Part 3—Management for Collection and Enforcement of Fines by Director that can be taken against a natural person in relation to a registered fine. 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 (b) 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 29 s. 30 Fines Reform Act 2014 No. 47 of 2014 s. 30 Part 3—Management for Collection and Enforcement of Fines by Director 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. __________________ 30 Fines Reform Act 2014 No. 47 of 2014 Part 4—Enforcement Review 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; (b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; (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; (c) section 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; (d) section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988; (e) section 87A of the Melbourne City Link Act 1995. (3) This Part does not apply in respect of a registered court fine. 31 s. 31 Fines Reform Act 2014 No. 47 of 2014 s. 32 Part 4—Enforcement Review 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 (b) that special circumstances apply to the person; 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 (d) that the person served was unaware that an infringement notice had been issued against that person. (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. 32 Fines Reform Act 2014 No. 47 of 2014 Part 4—Enforcement Review (4) An application for enforcement review must not be made if— (a) the seven-day notice has expired; 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 (e) property has been seized under a vehicle search and seizure notice; or (f) an infringement fine has been paid. 33 Limit on applications for enforcement review (1) An application made under section 32(1)(a) or (c) may only be made once in relation to any one infringement offence in respect of the applicant. (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. (4) The Director must not consider 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. (5) The making of an application under section 32(1)(d) does not preclude a person served with a notice of final demand applying to the Director for enforcement review under section 32(1)(a), (b) or (c). 33 s. 33 Fines Reform Act 2014 No. 47 of 2014 s. 34 Part 4—Enforcement Review 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. (2) The applicant— (a) must provide the additional information within 14 days of service of the request for additional information by the Director; or (b) may request in writing an extension of time to provide the additional information, if additional time is required. (3) If the 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 applicant in writing of the period of the extension. (5) If an 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 conduct the enforcement review without the additional information; or (b) if the applicant provides the additional information to the Director out of time may— 34 Fines Reform Act 2014 No. 47 of 2014 Part 4—Enforcement Review (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. (2) Despite subsection (1)(a), in the case of an application for enforcement review under section 32(1)(d), all enforcement action must be suspended until— 35 s. 35 Fines Reform Act 2014 No. 47 of 2014 s. 37 Part 4—Enforcement Review (a) the enforcement review is complete; and (b) the applicant is notified of the outcome of the enforcement review. 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. (2) Within 21 days of making a decision on the enforcement review, the Director must— (a) notify the applicant advising of the outcome of the enforcement review; and (b) notify the enforcement agency of that outcome if the enforcement of the infringement fine is cancelled under subsection (1)(b). 38 Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation (1) An enforcement agency that receives notice of an enforcement cancellation must, within 28 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; 36 Fines Reform Act 2014 No. 47 of 2014 Part 4—Enforcement Review (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 The enforcement agency may withdraw the infringement notice, issue an official warning, file a charge-sheet in relation to the offence, issue an infringement notice to the correct person or enter into a payment plan with a person. See the Infringements Act 2006. 39 Extended period for commencing proceeding for offence (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 notification by the Director under section 37(2)(b) of enforcement cancellation. 37 s. 39 Fines Reform Act 2014 No. 47 of 2014 s. 40 Part 4—Enforcement Review (2) Subsection (1) 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. 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. (2) The applicant must perform an action under subsection (1) within 21 days of receiving written notice of the infringement confirmation 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. __________________ 38 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements PART 5—PAYMENT ARRANGEMENTS 42 Person may apply for payment arrangement (1) Subject to subsection (4), a natural person, including a child or a declared director, who has an infringement fine or a court fine may apply to the Director for a payment arrangement to pay the fine. (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 (b) in any other case, after the expiry of the seven-day notice in respect of a fine. (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. 39 s. 42 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements s. 43 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. (3) Within 21 days of the date specified in the notification under subsection (1) or (2), a person liable to pay the fine whose application or referral was refused must— (a) pay the court fine or infringement fine, as the case requires; or (b) take any other action in relation to the fine which the person may take under this Act or in relation to the infringement penalty under the Infringements Act 2006. Note 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. 40 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements 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. (2) 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 and orders that the court fine be managed by payment arrangement, the Director must offer a proposed payment arrangement to the person in accordance with any terms specified by the court in the order. Note 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 41 s. 45 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements s. 45 (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). Note See section 47 for commencement of payment arrangements. 42 Fines Reform Act 2014 No. 47 of 2014 Part 5—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 (e) any combination of fines. (2) A payment arrangement may provide for the payment of any fine— (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 (1) A person to whom a payment arrangement applies may request the removal of any infringement fine or court fine 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. 43 s. 46 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements s. 48 (3) If a fine 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 is— (a) to be allocated to the payment of the oldest infringement fine or court fine 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 (ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account. (4) A person is not entitled to a refund under subsection (3)(b) if at the time the fine is removed from the payment arrangement— (a) that person has already paid the fine in full; and (b) in the case of an infringement offence, that infringement offence has been expiated by that payment. Note See also section 57 for the effect of cancellation if the fine remains outstanding. 44 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements 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. (3) If a payment arrangement is cancelled, any money paid in respect of an infringement fine or a court fine to which the payment arrangement related is— (a) to be allocated to the payment of the oldest fine 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 (ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account. (4) A person is not entitled to a refund under subsection (3)(b) if at the time of the cancellation— 45 s. 49 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements s. 50 (a) that person has already paid the fine in full; and (b) in the case of an infringement offence, that infringement offence has been expiated by that payment. Note 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. 51 Addition of fines 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 to that payment arrangement must apply for a new payment arrangement under section 42 in respect of the relevant infringement fine or court fine. 46 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements 52 Director's power to make payment arrangements (1) The Director may add any infringement fine or court fine 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 (1) The Director must allocate money received under a payment arrangement in order of priority based on the date of each infringement fine or court fine under the payment arrangement, with the oldest fine being paid out first unless, in relation to a court fine, a court order provides otherwise for the priority of payment of any fine to which that order relates. (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 (b) regardless of the origin of the infringement fine or court fine 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— 47 s. 52 Fines Reform Act 2014 No. 47 of 2014 s. 54 Part 5—Payment Arrangements (a) if the person has other fines, offer to apply the amount of the overpayment to those fines 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 (ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account. 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. (2) If a court makes an instalment order or a time to pay order when imposing a fine on a person and orders the court fine 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— 48 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements (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. (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 that person— (a) defaults in payment under the payment arrangement; or (b) requests the removal of a fine from a payment arrangement under section 48; or (c) 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— 49 s. 55 Fines Reform Act 2014 No. 47 of 2014 s. 55 Part 5—Payment Arrangements (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. 50 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements 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 (c) on cancellation of the payment arrangement for default, the outstanding infringement fine or court fine will be enforced by other enforcement action available under the Act. 57 Enforcement action on default, cancellation or removal if payment is not complete (1) Any remaining outstanding infringement fine or court fine may be enforced by other enforcement action available under this Act— (a) on the removal of a fine 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 51 s. 56 Fines Reform Act 2014 No. 47 of 2014 Part 5—Payment Arrangements s. 58 (d) if a person does not make the first payment in accordance with section 47. (2) For the purposes of subsection (1), any enforcement action available is to be taken from the point which the fine to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment arrangement was made for that fine. Note 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. (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 a registered 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 registered infringement fine. __________________ 52 Fines Reform Act 2014 No. 47 of 2014 Part 6—Oral Examination and Production of Information 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. Penalty: 60 penalty units. 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— 53 s. 59 Fines Reform Act 2014 No. 47 of 2014 s. 62 Part 6—Oral Examination and Production of Information (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 (1) On the application of the Director under section 62, the Magistrates' Court may issue a summons for a person 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— (a) be in writing; and (b) state the time, date and place of the oral examination and the production of information; and 54 Fines Reform Act 2014 No. 47 of 2014 Part 6—Oral Examination and Production of Information (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. Note 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. 55 s. 64 Fines Reform Act 2014 No. 47 of 2014 s. 64 Part 6—Oral Examination and Production of Information (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. __________________ 56 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 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— (a) one registered fine; or (b) multiple registered fines. (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. 57 s. 65 Fines Reform Act 2014 No. 47 of 2014 s. 66 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 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 58 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (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. 59 s. 68 Fines Reform Act 2014 No. 47 of 2014 s. 69 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 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. Penalty: 60 penalty units. (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. Penalty: 60 penalty units. (3) A person to whom an attachment of earnings direction is directed must keep accurate records of amounts deducted under the direction. Penalty: 60 penalty units. (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. Penalty: 60 penalty units. 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 60 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (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. 61 s. 71 Fines Reform Act 2014 No. 47 of 2014 s. 72 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 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. Penalty: 60 penalty units. 73 Employee not to be prejudiced because of attachment of earnings direction (1) A person must not dismiss an employee or injure an employee in the employee's employment or alter an employee's position to the prejudice of the employee because— (a) an attachment of earnings direction has been made in respect of the employee; or (b) the employee is required to make payments under an attachment of earnings direction. Penalty: 60 penalty units. (2) The Magistrates' Court may order a person convicted of an offence under subsection (1)— (a) to reimburse any lost wages to the employee; and (b) to cause the employee to be reinstated in the employee's former position or in a similar position. (3) An amount ordered to be reimbursed under subsection (2)— (a) may be recovered from the convicted person in the same manner as the penalty to which that person is liable under subsection (1); and (b) may be included in the same warrant. 62 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (4) An attachment of earnings direction may apply to earnings falling to be paid— (a) by the Crown; or (b) by a statutory authority representing the Crown; or (c) out of the Consolidated Fund. 74 Determining the earnings of an employee for the purposes of this Division For the purposes of this Division, the amount of earnings of an employee may be calculated in accordance with the regulations. 75 Two or more employers of one fine defaulter If a fine defaulter in respect of whom an attachment of earnings direction has been made receives earnings from 2 or more employers, the Director may— (a) treat any of the employers as the only employer of the person; or (b) treat any 2 or more of the employers as joint employers of the person. 76 Allocation of money under attachment of earnings direction (1) The Director must allocate money received under an attachment of earnings direction in order of priority with the amount outstanding under the oldest fine being paid out first. (2) The order of priority to be applied when payments under an attachment of earnings direction are allocated applies— (a) to all attachment of earnings directions managed by the Director; and (b) regardless of the origin of the fine to which the attachment of earnings direction applies. 63 s. 74 Fines Reform Act 2014 No. 47 of 2014 s. 77 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (3) If a person to whom an attachment of earnings direction is directed overpays the amount to which the attachment of earnings direction applies by continuing payments after the attachment of earnings direction is satisfied, the Director may— (a) refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of earnings direction was made and— (i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or (ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or (b) if the fine defaulter in respect of whom the attachment of earnings direction was made has other outstanding registered fines that were not subject to the attachment of earnings direction, apply the amount of the overpayment to those registered fines if the fine defaulter consents to the amount being so applied. 77 Enforcement action suspended if attachment of earnings direction made (1) If the Director makes an attachment of earnings direction, any enforcement action against the fine defaulter in respect of whom the attachment of earnings direction is made is suspended. (2) Suspension of any enforcement action under subsection (1) ceases on the cancellation of the attachment of earnings direction. 64 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions Division 2—Attachment of debts direction 78 When can an attachment of debts direction be made? (1) Subject to this Division, the Director may make an attachment of debts 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 debts threshold. (2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under— (a) one registered fine; or (b) multiple registered fines. (3) An attachment of debts direction remains in force if, during the period of operation of the direction— (a) the amount outstanding falls below the attachment of debts threshold; or (b) the amount outstanding falls below the attachment of debts threshold and the Director varies the attachment of debts direction under section 84. (4) The Director must not make an attachment of debts direction— (a) unless the debt is due or accruing to the fine defaulter from the garnishee; and (b) unless the garnishee is within Victoria. (5) An attachment of debts direction may be made— (a) at the discretion of the Director; or (b) on the application of the fine defaulter. 65 s. 78 Fines Reform Act 2014 No. 47 of 2014 s. 79 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 79 Bank account An amount standing to the credit of the fine defaulter referred to in section 78(1) in an account in a bank or a co-operative is, for the purpose of section 78(3)(a), a debt due or accruing to the fine defaulter, despite any of the following conditions applicable to the account not being satisfied— (a) that a demand or notice is required before money is withdrawn; (b) that a personal application must be made before money is withdrawn; (c) that a deposit book must be produced before money is withdrawn; (d) that a receipt for money deposited in the account must be produced before money is withdrawn. 80 Service and effect of attachment of debts direction (1) A copy of an attachment of debts direction must be served as soon as possible after the making of the direction on— (a) the garnishee; and (b) the fine defaulter in respect of whom the attachment of debts direction is made; and (c) if the garnishee has paid, or is paying, the debt accruing to the fine defaulter in respect of whom the attachment of debts direction is made in an account the fine defaulter holds in a bank or co-operative, the bank or co-operative where the account is held. (2) An attachment of debts direction binds the debts to which it applies on service of the direction. 66 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions 81 Dispute of liability by garnishee (1) If the garnishee or any other person disputes liability to pay the debt attached by the attachment of debts direction, the garnishee may apply to the Director within 14 days of service of the attachment of debts direction for a determination of liability. (2) An application under subsection (1) must be in accordance with the regulations (if any). 82 Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter (1) This section applies to a bank or co-operative if— (a) the Director has made an attachment of debts direction in respect of a fine defaulter who holds an account in the bank or co-operative in which a debt is due or accruing as specified in section 79; and (b) the Director, based on information obtained under Part 6, serves the bank or co-operative with a copy of the attachment of debts direction made in respect of the fine defaulter who holds the account. (2) A bank or co-operative must deduct from the account held by the fine defaulter in respect of whom the attachment of debts direction has been made, the amount specified in the direction on receipt of a deposit made by the garnishee. Penalty: 60 penalty units. (3) A bank or co-operative must pay the money deducted under subsection (2) to the Director within 2 days after the deposit made by the garnishee. Penalty: 60 penalty units. 67 s. 81 Fines Reform Act 2014 No. 47 of 2014 s. 83 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (4) A bank or co-operative must ensure that the fine defaulter in respect of whom the attachment of debts direction has been made is unable to access the money deposited by the garnishee until the bank or co-operative has deducted the amount for payment to the Director as specified in the direction. Penalty: 60 penalty units. 83 Obligations of fine defaulter A fine defaulter in respect of whom an attachment of debts direction has been made must advise the Director by written notice if— (a) the garnishee discontinues the payment of the debt attached by the direction; or (b) the fine defaulter closes the account into which payments of the debt are made; or (c) the fine defaulter arranges for the garnishee to pay the debt into another account. 84 Variation, cancellation or suspension of attachment of debts direction (1) If an attachment of debts 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 debts direction has been made. (2) The Director must cause a notice of a variation, cancellation or suspension of an attachment of debts direction made under subsection (1) to be served on— 68 Fines Reform Act 2014 No. 47 of 2014 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (a) the fine defaulter in respect of whom the attachment of debts direction is made; and (b) the garnishee. 85 Compliance with an attachment of debts direction A person to whom an attachment of debts direction is directed must take all reasonable steps to comply with the direction. Penalty: 60 penalty units. 86 Allocation of money under attachment of debts direction (1) The Director must allocate money received under an attachment of debts direction in order of priority with the amount outstanding under the oldest fine being paid out first. (2) The order of priority to be applied when payments under an attachment of debts direction are allocated applies— (a) to all attachment of debts directions managed by the Director; and (b) regardless of the origin of any fine to which the attachment of debts direction applies. (3) If a person to whom an attachment of debts direction is directed overpays the amount to which the attachment of debts direction applies by continuing payments after the attachment of debts direction is satisfied, the Director may— (a) refund the amount of the overpayment to the fine defaulter in respect of whom the attachment of debts direction was made and— (i) if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or 69 s. 85 Fines Reform Act 2014 No. 47 of 2014 s. 87 Part 7—Attachment of Earnings Directions and Attachment of Debts Directions (ii) if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account; or (b) if the fine defaulter in respect of whom the attachment of debts direction was made has other outstanding fines that were not subject to the attachment of debts direction, apply the amount of the overpayment to those outstanding fines if the fine defaulter consents to the amount being so applied. 87 Enforcement action suspended if attachment of debts direction made (1) If the Director makes an attachment of debts direction, any enforcement action against the fine defaulter in respect of whom the attachment of debts direction is made is suspended. (2) Suspension of any enforcement action under subsection (1) ceases on the cancellation of the attachment of debts direction. __________________ 70 Fines Reform Act 2014 No. 47 of 2014 Part 8—Driver and Vehicle Sanctions PART 8—DRIVER AND VEHICLE SANCTIONS 88 Application (1) This Part applies whether or not the infringement offence, or the offence for which a court fine was imposed, in relation to which a notice of final demand has been issued involves a vehicle. (2) The Director may take action under this Part in addition to any other action under this Act. (3) Nothing in this Part prevents the Director making more than one direction under this Part or more than one type of direction under this Part in respect of any person or any vehicle. (4) Without limiting any other power under this Part, the Director may make one direction under this Part in respect of multiple registered fines. 89 Sanctions that may be imposed on a fine defaulter (1) The Director may direct VicRoads to impose one or more of the following sanctions on a fine defaulter until the Director directs VicRoads that the sanction should be discontinued under section 91— (a) to suspend any driver licence of the person under section 24(1A) of the Road Safety Act 1986; (b) not to grant or renew any driver licence of the person; Note See section 19A of the Road Safety Act 1986. 71 s. 88 Fines Reform Act 2014 No. 47 of 2014 s. 90 Part 8—Driver and Vehicle Sanctions (c) if the fine defaulter is the registered operator of a vehicle— (i) to suspend the registration of a vehicle registered to the fine defaulter; Note See section 9AA of the Road Safety Act 1986. (ii) not to renew the registration of a vehicle registered to the fine defaulter; Note See section 9AC of the Road Safety Act 1986. (iii) not to transfer to any other person the registration of a vehicle registered to the fine defaulter, whether or not an application for transfer of registration has been made; Note See section 9AE of the Road Safety Act 1986. (d) not to register a vehicle in the name of the fine defaulter. Note See section 9AC of the Road Safety Act 1986. (2) Subsection (1)(c) and (d) apply whether the person who is or is proposed to be the registered operator of the vehicle is a natural person or a body corporate. 90 Effect of further amounts being added to amounts outstanding If a direction has been made under section 89 and the fine defaulter on whom the driver and vehicle sanction is imposed becomes subject to one or more subsequent registered fines— 72 Fines Reform Act 2014 No. 47 of 2014 Part 8—Driver and Vehicle Sanctions (a) the Director may add the amount of those outstanding fines to the direction; and (b) the direction under this section continues to apply until the direction has ceased in accordance with section 91. 91 Cessation of driver and vehicle sanction The Director must direct VicRoads to cease the application of a driver and vehicle sanction in respect of a person when any of the following occurs in relation to the registered fine in respect of which the sanction has been imposed— (a) payment in full of the registered fine under every notice of final demand to which the direction to impose a sanction applies; (b) the person on whom the sanction has been imposed makes a payment arrangement in respect of the amount outstanding; (c) an attachment of earnings direction or an attachment of debts direction is made in relation to the person for the amount outstanding; (d) an application for enforcement review results in enforcement cancellation; (e) seizure of property under this Act sufficient to satisfy the amount to which the driver and vehicle sanction applies; (f) in the case of a natural person, including a declared director, the person is arrested under this Act; (g) all enforcement warrants issued in respect of an amount outstanding for which the sanction has been applied have been recalled and cancelled; 73 s. 91 Fines Reform Act 2014 No. 47 of 2014 s. 92 Part 8—Driver and Vehicle Sanctions (h) the Director, in the Director's discretion, considers that the application of any sanction being imposed is no longer an appropriate enforcement mechanism in any particular case, including, but not limited to, any impact an enforcement mechanism has on a third party. 92 Cessation of driver and vehicle sanction does not affect any other suspension (1) The cessation of any driver and vehicle sanction does not affect the suspension of a driver licence or registration of a vehicle (as the case requires) under any other Part of this Act or under any other Act or law. (2) A period of suspension or a direction not to renew a driver licence or registration of a vehicle may be concurrent with any other period of suspension or non-renewal under the Road Safety Act 1986. 93 Avoidance of certain provisions in contracts of insurance (1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of any driver and vehicle sanction pursuant to a direction of the Director given to VicRoads under this Act. (2) Subsection (1) applies to a contract of insurance whether entered into before, on or after the commencement of this Part. 74 Fines Reform Act 2014 No. 47 of 2014 Part 8—Driver and Vehicle Sanctions 94 Cancellation of registration of vehicle registered in name of deregistered body corporate If the registered operator of a vehicle is a deregistered body corporate, the Director may direct VicRoads to cancel the registration of that vehicle. Note See section 9AG of the Road Safety Act 1986. __________________ 75 s. 94 Fines Reform Act 2014 No. 47 of 2014 s. 95 Part 9—Charges Over Land and Sale of Real Property PART 9—CHARGES OVER LAND AND SALE OF REAL PROPERTY 95 Director may serve notice of intention to charge land (1) The Director may serve a notice of intention to charge land on a fine defaulter who has a total amount outstanding that is not less than the prescribed land charge threshold. (2) For the purposes of subsection (1), the total amount outstanding may be constituted by any amounts outstanding under— (a) one registered fine; or (b) multiple registered fines. (3) A notice of intention to charge land must— (a) contain the prescribed particulars (if any); and (b) in the case of a natural person, be served personally on that person; and (c) in the case of a body corporate, be served at the registered office of the body corporate. 96 Power of Director to apply for land charge to be recorded (1) The Director may apply to have a land charge under this Part recorded by the Registrar of Titles if— (a) a notice of intention to charge land has been served on the person in accordance with section 95; and (b) the person has not paid the registered fine or taken action within 7 days of the notice of intention to charge land being served. 76 Fines Reform Act 2014 No. 47 of 2014 Part 9—Charges Over Land and Sale of Real Property (2) The Director may apply to have a land charge recorded whether the person in respect of whose land it is made is the sole owner of the land or owns that land as a co-owner with any other person. 97 Land becomes subject to charge (1) The Director may apply to the Registrar of Titles for the recording of a land charge by lodging an application— (a) describing the land to be charged; and (b) stating the outstanding amount of any registered fine to which the charge relates. (2) On an application being lodged under subsection (1), subject to the Transfer of Land Act 1958, the Registrar of Titles must record the land charge in the Register kept under that Act. (3) On the recording under subsection (2) being made, the outstanding amount of any registered fine is a charge on the land held by the person in respect of whom the land charge was made until— (a) that amount is recovered and the land charge is removed; or (b) the person in respect of whom the land charge was made dies; or (c) the land charge is otherwise removed. (4) A land charge may be recorded under this section in the Register kept under the Transfer of Land Act 1958 without submission to the Registrar of Titles of any relevant certificate of title. 77 s. 97 Fines Reform Act 2014 No. 47 of 2014 s. 98 Part 9—Charges Over Land and Sale of Real Property 98 Removal of land charge (1) The Director must apply to the Registrar of Titles for the removal of the recording of a land charge over land to which the land charge applies if— (a) the outstanding amount is paid; or (b) the fine defaulter in respect of whom the land charge was made dies; or (c) the land charge should otherwise be removed; or (d) the Director believes that in all the circumstances it is no longer appropriate for the land charge to remain on the land. (2) The Director must apply to the Registrar of Titles for the removal of the recording of a land charge by lodging an application— (a) describing the land in respect of which the land charge is to be removed; and (b) requesting the removal of the recording of the land charge. (3) On an application being lodged under subsection (2), subject to the Transfer of Land Act 1958, the Registrar of Titles must remove the recording of the land charge from the Register kept under that Act. (4) On the removing of the recording under subsection (3), the land charge is removed. (5) The removal of a recording of a land charge in the Register kept under the Transfer of Land Act 1958 may be done under this section without submission to the Registrar of Titles of any relevant certificate of title. 78 Fines Reform Act 2014 No. 47 of 2014 Part 9—Charges Over Land and Sale of Real Property 99 Powers of Registrar of Titles The Registrar of Titles may make any recording in the Register kept under the Transfer of Land Act 1958 that is necessary because of the operation of this Part. 100 Owner to be notified of land charge or removal of land charge The Director must give written notice to a fine defaulter whose interest in land is subject to a land charge and any other person recorded in the Register kept under the Transfer of Land Act 1958 as having a registered interest in the land— (a) that the land is charged under this Part with the amount stated in the notice; or (b) of the removal of a land charge over the land. 101 Notice of intention to sell charged land (1) If a land charge has been recorded for at least 28 days, the Director may serve a notice of intention to sell charged land on all persons recorded in the Register kept under the Transfer of Land Act 1958 as having an interest in the charged land. (2) A notice of intention to sell charged land must— (a) be in writing and contain the prescribed particulars; and (b) be served— (i) in the case of a natural person, on that person; and (ii) in the case of a body corporate, at the registered office of the body corporate; and 79 s. 99 Fines Reform Act 2014 No. 47 of 2014 s. 102 Part 9—Charges Over Land and Sale of Real Property (c) state— (i) the amount of any outstanding registered fine owing at the date of the notice; and (ii) the address at, or manner in, which payment may be made; and (iii) that unless payment is made within 14 days of the service of the notice, the Director may apply to the Supreme Court for a land sale order. 102 Power of sale (1) The Director may apply to the Supreme Court for a land sale order for the sale of land charged under this Part if— (a) a notice of intention to sell charged land has been served on a person in accordance with section 101; and (b) at least 14 days have passed since that service and no payment of the registered fine has been made. (2) The Supreme Court may make a land sale order for the sale by the Director of the charged land if satisfied that it is appropriate to do so. (3) Without limiting the Supreme Court's power under subsection (2), the Supreme Court may— (a) order the production of a certificate of title or any other document required by the Registrar of Titles; and (b) make any additional orders that it considers appropriate in the circumstances— (i) in relation to the interest in the land of any person; and 80 Fines Reform Act 2014 No. 47 of 2014 Part 9—Charges Over Land and Sale of Real Property (ii) for giving effect to any land sale order; and (iii) for ensuring an effective commercial sale process. 103 Sale to be treated as sale by mortgagee Section 77 of the Transfer of Land Act 1958 applies to a sale pursuant to a land sale order as if— (a) the charge were a registered mortgage; and (b) the Director were a mortgagee under that mortgage; and (c) the requirement in that section relating to the giving of notice were deleted. 104 Access to property and information about land (1) A fine defaulter, a registered proprietor or an occupier of land to which a land sale order applies must provide reasonable access to that land for the purposes of the sale of the land. Note A tenant of residential premises or a resident of a rooming house must permit entry under section 86 or 137 of the Residential Tenancies Act 1997 if residential premises are to be sold. (2) For the purposes of facilitating the sale of land to which a land sale order applies, a fine defaulter must provide to the Director any information in relation to the land which— (a) is known to the fine defaulter; or (b) may be reasonably obtained by the fine defaulter. 81 s. 103 Fines Reform Act 2014 No. 47 of 2014 s. 105 Part 9—Charges Over Land and Sale of Real Property 105 Application of proceeds of sale If land is sold pursuant to a land sale order, the proceeds of sale are to be applied in the following order of priority— (a) in accordance with section 77(3)(a) of the Transfer of Land Act 1958, including— (i) the costs of the sale under this Part; and (ii) any costs incurred by the Director in obtaining the recording of the land charge in the Register kept under the Transfer of Land Act 1958; and (iii) the costs of the application to the Supreme Court for a land sale order; (b) to the payment of any money due or owing on an existing mortgage or charge; (c) to the payment of the registered fine; (d) to pay any amount remaining in accordance with section 77(3)(c) and (d) of the Transfer of Land Act 1958 as if a reference to "the mortgagor" in section 77(3)(d) were a reference to— (i) the person whose interest in land was subject to the land charge; and (ii) if appropriate, any other person recorded in the Register kept under the Transfer of Land Act 1958 as having an interest in the land. __________________ 82 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants PART 10—ENFORCEMENT WARRANTS 106 Issue of enforcement warrant (1) The Director may apply to a registrar for an enforcement warrant to be issued against a fine defaulter. (2) A registrar may issue an enforcement warrant on the application of the Director if satisfied that— (a) a notice of final demand was served on the fine defaulter and the fine defaulter failed to comply with that notice by— (i) defaulting in the payment of a registered fine specified in the notice; or (ii) failing to take any other action specified in the notice within the time specified in the notice; or (b) a payment arrangement was made with the fine defaulter and the fine defaulter defaulted in the payment of that payment arrangement; or (c) the fine defaulter failed to report as required under section 152(b) to the community corrections centre specified in a community work permit imposed on the fine defaulter; or (d) the fine defaulter is the subject of any other unsatisfied enforcement warrant that is in force. (3) An enforcement warrant issued under subsection (2)(c)— (a) is not subject to section 119; and (b) must not be endorsed or direct or authorise that the fine defaulter be dealt with in accordance with Part 13. 83 s. 106 Fines Reform Act 2014 No. 47 of 2014 s. 107 Part 10—Enforcement Warrants (4) If a registrar issues an enforcement warrant against a fine defaulter who is a natural person, the registrar may endorse the warrant with a direction that the person arrested must be released on bail as specified in the endorsement. (5) An endorsement under subsection (4) must fix— (a) the amounts in which the principal and the sureties, if any, are to be bound; and (b) the amount of any money or the value of any security to be deposited. 107 Enforcement fees and certain costs to be included (1) On the issue of an enforcement warrant, the enforcement warrant fee— (a) is payable by the fine defaulter against whom the enforcement warrant is issued; and (b) may be included in the enforcement costs and other costs in the enforcement warrant. (2) Any fee prescribed under this Act in respect of the execution of an enforcement warrant forms part of the lawful costs of execution of the warrant. 108 Recall and cancellation of enforcement warrant (1) The Director may apply to a registrar for an enforcement warrant to be recalled and cancelled. (2) On an application under subsection (1), the registrar must recall and cancel the enforcement warrant. (3) Unless the Director requests otherwise in an application made under subsection (1), the registrar may issue a fresh enforcement warrant for the same purpose as that for which the enforcement warrant recalled and cancelled under subsection (2) was issued. 84 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants 109 What does an enforcement warrant authorise? (1) An enforcement warrant— (a) authorises the person to whom it is directed 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 the fine defaulter; and (b) directs and authorises the person to whom it is directed— (i) to seize the personal property of the fine defaulter named in the enforcement warrant; and (ii) if the amounts specified in the enforcement warrant together with all lawful costs of execution are not paid, to sell the personal property seized. (2) An enforcement warrant issued against a fine defaulter who is a natural person, including a fine defaulter who was subject to a community work permit— (a) authorises the person to whom it is directed to break, enter and search for the fine defaulter in any place where the fine defaulter named in the enforcement warrant is suspected to be; and (b) subject to any endorsement under section 106(4), directs and authorises the person to whom it is directed to arrest the fine defaulter named in the enforcement warrant. (3) Nothing in this section requires a person to whom an enforcement warrant is directed— (a) to break and enter a property for the purpose of finding and seizing personal property; or 85 s. 109 Fines Reform Act 2014 No. 47 of 2014 s. 110 Part 10—Enforcement Warrants (b) in the case of an enforcement warrant issued against a fine defaulter who is a natural person, to break and enter a property for the purpose of finding and seizing personal property before arresting the person named in the enforcement warrant. (4) Despite subsection (3)(b), a person to whom an enforcement warrant is directed must not arrest the fine defaulter named in the enforcement warrant unless the person executing the enforcement warrant reasonably believes that there is not sufficient personal property of the fine defaulter named in the enforcement warrant to satisfy the amounts specified in the enforcement warrant together with all lawful costs of execution. 110 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit (1) A person to whom an enforcement warrant is directed must cause a fine defaulter who is a natural person, other than a fine defaulter referred to in section 111, when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)— (a) in respect of any registered infringement fine— (i) to be dealt with in accordance with Part 13, if appropriate; or (ii) if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of 86 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants the prison or police gaol for the purposes of being dealt with under Part 14; or (b) in respect of any registered court fine— (i) to be brought before the sentencing court that imposed the registered court fine on the person within 24 hours of 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 within 24 hours after being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant. (2) If a fine defaulter in respect of a registered infringement fine, when arrested, is not dealt with under subsection (1)(a)(i) or (ii), the person to whom the enforcement warrant is directed must cause the fine defaulter— (a) to be brought before the Magistrates' Court within 24 hours of being arrested to be dealt with according to law; or (b) if it is not practicable to bring the fine defaulter before the Magistrates' Court within 24 hours of being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant. 111 Execution of enforcement warrant—contravention of community work permit A person to whom an enforcement warrant is directed must cause a fine defaulter who failed to report as required under section 152(b) when arrested in accordance with an enforcement warrant and subject to any endorsement under section 106(4)— 87 s. 111 Fines Reform Act 2014 No. 47 of 2014 s. 112 Part 10—Enforcement Warrants (a) to be brought before the Magistrates' Court within 24 hours of being arrested to be dealt with according to law; and (b) if it is not practicable to bring the fine defaulter before the Magistrates' Court within 24 hours of being arrested— (i) to be released on bail in accordance with the endorsement on the enforcement warrant; or (ii) if the fine defaulter refuses to enter into an undertaking of bail, to take and safely convey the fine defaulter named in the enforcement warrant to a prison or a police gaol and there to 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. 112 Imprisonment of person on execution of enforcement warrant On the imprisonment of a person for any reason following the execution of an enforcement warrant, if there are any unsatisfied enforcement warrants outstanding against the imprisoned person, any person to whom such a warrant is directed is not required, in executing the enforcement warrant— (a) to serve any notice; or (b) to search for, or seize, any personal property of the imprisoned person. 113 Bail Act 1977 applies to person arrested A person arrested pursuant to an enforcement warrant may be discharged from custody on bail under section 10 of the Bail Act 1977. 88 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants 114 Prescribed form of enforcement warrant An enforcement warrant must be in the prescribed form. 115 Persons to whom enforcement warrant may be directed (1) An enforcement warrant, other than an enforcement warrant issued against a body corporate, may be directed to— (a) the sheriff; or (b) a named police officer; or (c) generally all police officers; or (d) the Commissioner within the meaning of the Corrections Act 1986; or (e) any other person authorised by law to execute an enforcement warrant. (2) An enforcement warrant issued against a body corporate must be directed to the sheriff. (3) An enforcement warrant directed to the sheriff may be issued, not in paper form, but by the registrar causing to be entered in the register kept for the purpose— (a) the type of enforcement warrant; and (b) the prescribed information; and (c) the date of issue of the enforcement warrant. (4) An enforcement warrant issued in accordance with subsection (3) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act. 89 s. 114 Fines Reform Act 2014 No. 47 of 2014 s. 115 Part 10—Enforcement Warrants (5) An enforcement warrant directed to the sheriff, if the sheriff so directs, may be executed by— (a) a named person who is a bailiff for the purposes of the Supreme Court Act 1986; or (b) generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986; or (c) a named police officer; or (d) generally all police officers; or (e) in the case of an enforcement warrant issued against a natural person, generally all prison officers. (6) A direction may be given by the sheriff under subsection (5) by— (a) endorsing the execution copy of the enforcement warrant with the direction; or (b) issuing an enforcement warrant to the same effect as the original enforcement warrant but directed in accordance with that subsection. (7) An enforcement warrant endorsed or issued by the sheriff in accordance with subsection (6) directs and authorises the person to whom it is directed to do all things that the person would have been directed and authorised to do by the original enforcement warrant if it had been directed to that person. (8) An enforcement warrant directed to a named police officer may be executed by any police officer. (9) An enforcement warrant directed to a named bailiff may be executed by any bailiff. 90 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants 116 Unexecuted enforcement warrants A person authorised to execute an enforcement warrant issued against a fine defaulter who is a natural person that is directed to the sheriff may also execute against the same fine defaulter any unexecuted enforcement warrant that is not directed to the sheriff. 117 Consolidation of enforcement warrants in execution copy If there are multiple enforcement warrants outstanding against a fine defaulter, those warrants may be consolidated by the sheriff into one execution copy, with the details of each enforcement warrant attached by, or included in, a schedule to the consolidated execution copy. 118 Notice of seizure of property (1) A person who executes an enforcement warrant may serve on— (a) the fine defaulter against whom the enforcement warrant is issued and whose personal property is seized under the enforcement warrant; or (b) a person who is in possession of any personal property of the fine defaulter against whom the enforcement warrant is issued that is seized under the enforcement warrant— a notice in the form prescribed by the rules of court under the Magistrates' Court Act 1989 informing the person served with the notice— (c) that the fine defaulter, or person in possession of the personal property of the fine defaulter, is responsible for the safekeeping of the personal property seized 91 s. 116 Fines Reform Act 2014 No. 47 of 2014 s. 119 Part 10—Enforcement Warrants under the enforcement warrant that is described in the notice; and (d) informing the fine defaulter or other person of the provisions of subsection (2). (2) A person who knows that property has been seized under an enforcement warrant or is the subject of a notice served under subsection (1) must not, except with the written consent of the sheriff— (a) interfere with or dispose of that property; or (b) deface or remove any mark attached to that property indicating that it had been so seized; or (c) remove that property from the place at which it was situated when the notice was served. Penalty: 25 penalty units or 6 months imprisonment or both. (3) Nothing in subsection (2) affects the powers of the Supreme Court, the County Court or the Magistrates' Court in relation to contempt. 119 Warning of execution of enforcement warrant— seven-day notice (1) A person authorised to execute an enforcement warrant against a fine defaulter who is a natural person must not take any step to execute the enforcement warrant under this Part unless— (a) that person or another person has served on the fine defaulter in respect of whom the enforcement warrant has been issued a seven-day notice containing the prescribed details; and Note See Division 2 of Part 15 for service requirements. 92 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants (b) if the person authorised to execute an enforcement warrant is the sheriff, the sheriff has made a demand on the fine defaulter in respect of whom the enforcement warrant has been issued. (2) If a seven-day notice is served on a fine defaulter by a person other than the sheriff, a demand for payment is not to be made at the time of service of the seven-day notice. (3) A seven-day notice must include a warning that, on the expiry of 7 days, the enforcement warrant may be executed and the fine defaulter arrested or the property of the fine defaulter seized unless the fine defaulter has— (a) paid the registered fine; or (b) applied for an enforcement review; or (c) made a payment arrangement. 120 What can be done during period of the seven-day notice? (1) Subject to subsection (2), during a period of 7 days after service of a seven-day notice, a person authorised to execute an enforcement warrant— (a) may seize and take possession of the personal property of the fine defaulter in respect of whom the enforcement warrant was issued; and (b) must not remove that personal property from the residential or business property in which it is situated unless the person executing the enforcement warrant believes on reasonable grounds that it is necessary to do so to avoid it being disposed of or removed. 93 s. 120 Fines Reform Act 2014 No. 47 of 2014 s. 121 Part 10—Enforcement Warrants (2) A person must not seize and take possession of personal property under subsection (1) unless— (a) a demand has been made under section 119(1)(b); or (b) before the seizure and taking possession of personal property under subsection (1), a demand for payment of the registered fine is made. (3) A person who executes an enforcement warrant by removing property during the period referred to in subsection (1) must— (a) make a written statement specifying the reason for so doing; and (b) file a copy of the written statement with the Director and the registrar. Note It is an offence to give false or misleading information in a statement required by or under this Act. See section 184. 121 Executing enforcement warrant after expiry of seven-day notice (1) Seven days after the service of a seven-day notice, the sheriff— (a) must make a demand on the fine defaulter in respect of whom the enforcement warrant has been issued if a demand for payment of the amount outstanding has not previously been made; and (b) subject to subsection (2), may take any step in the execution of the enforcement warrant (including selling any personal property seized during that period) if the registered fine or any part of the registered fine remains unpaid. 94 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants (2) An enforcement warrant must not be executed against a fine defaulter if the fine defaulter— (a) has made the first payment under a payment arrangement; or (b) has not rejected a proposed payment arrangement under section 45(5); or (c) has applied for a payment arrangement which has not been determined; or (d) has applied for an enforcement review which has not been determined. (3) No step may be taken in the execution of an enforcement warrant issued against a fine defaulter if the person has made an application for a payment arrangement or an application for enforcement review which has not been determined, until the application is determined. 122 Reduction of imprisonment by payment of portion of registered fine (1) If, before the issue of an enforcement warrant, it appears to the registrar that part of the registered fine has been paid, the amounts specified in the enforcement warrant must be reduced by the amount of the registered fine paid. (2) Subsection (1) applies despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary. (3) If after the issue but before the execution of an enforcement warrant, part of the amount specified in the enforcement warrant is paid or satisfied on personal property of the person named in the enforcement warrant, the person executing the enforcement warrant must— (a) amend the execution copy of the enforcement warrant; and 95 s. 122 Fines Reform Act 2014 No. 47 of 2014 s. 123 Part 10—Enforcement Warrants (b) forward the amount paid or satisfied without delay to the Director and notify the registrar. 123 Rules etc. with respect to execution of enforcement warrant (1) Subject to this Act and the Magistrates' Court Act 1989— (a) the rules, practice and procedure which apply to or are adopted by the sheriff in the execution of a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding under the Magistrates' Court Act 1989 for the payment of money apply (with any necessary modification) to the execution of an enforcement warrant in accordance with section 109(1)(b); and (b) subject to the power in the enforcement warrant referred to in section 109(2)(a), the interests of any persons in any property seized under an enforcement warrant must be dealt with in the same manner as they would be if the property had been seized under a warrant to seize property issued by the Magistrates' Court in enforcement of an order made by the Magistrates' Court in a civil proceeding for the payment of money under the Magistrates' Court Act 1989. (2) Despite anything to the contrary in section 42 of the Supreme Court Act 1986, the person executing in accordance with section 109(1)(b) any enforcement warrant in respect of which the period referred to in section 120(1) has expired may, with the signed written consent of the fine defaulter against whom the enforcement warrant is issued, seize or take in the execution of the warrant personal property— 96 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants (a) that is used by that fine defaulter primarily as a means of transport; and (b) that could not, but for this subsection, be seized or taken because of section 42 of the Supreme Court Act 1986. (3) A consent given by a fine defaulter under subsection (2) is only effective if— (a) it is given after the delivery to the fine defaulter by a person authorised to execute the enforcement warrant of a written statement containing the prescribed details and setting out the effect of giving the consent; and (b) a copy of the signed written consent has been delivered to the person giving the consent. (4) If personal property referred to in subsection (2) is seized or taken in execution of any enforcement warrant in accordance with that subsection— (a) the proceeds of sale of the property must be applied towards the amounts specified in the enforcement warrant together with all lawful costs of execution; and (b) any amount remaining after those amounts and costs have been paid— (i) must be applied to satisfy any other unexecuted enforcement warrant issued against that fine defaulter irrespective of when it was issued; and (ii) any amount then remaining must be paid to the fine defaulter against whom the enforcement warrant was issued. 97 s. 123 Fines Reform Act 2014 No. 47 of 2014 s. 124 Part 10—Enforcement Warrants 124 How long does an enforcement warrant remain in force? An enforcement warrant remains in force until— (a) the amount outstanding under the enforcement warrant is paid in full; or (b) the enforcement warrant is cancelled under section 108; or (c) the enforcement warrant is executed. 125 Stay of enforcement warrant (1) An enforcement warrant is stayed in the following circumstances— (a) a payment arrangement has been made; (b) an attachment of earnings direction has been made; (c) an attachment of debts direction has been made. (2) An enforcement warrant stayed under subsection (1) remains issued and enforceable until— (a) the Director applies for the enforcement warrant to be recalled and cancelled under section 108 following compliance by the fine defaulter with a payment arrangement, an attachment of earnings direction or an attachment of debts direction; or (b) the stay ceases following default by the fine defaulter under a payment arrangement, an attachment of earnings direction or an attachment of debts direction (as appropriate). 98 Fines Reform Act 2014 No. 47 of 2014 Part 10—Enforcement Warrants (3) If a stay on an enforcement warrant ceases under subsection (2)(b), on the cessation of the stay the enforcement warrant remains enforceable. __________________ 99 s. 125 Fines Reform Act 2014 No. 47 of 2014 s. 126 Part 11—Detention, Immobilisation and Sale of Motor Vehicles PART 11—DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES 126 Application of Part (1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant. (2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act. 127 Detention or immobilisation of motor vehicles (1) If a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued or the sheriff or a police officer finds parked or left standing such a motor vehicle, the sheriff or police officer may— (a) detain or immobilise, whether by wheel clamps or any other means, that motor vehicle, whether attended or not; and (b) if necessary, remove that motor vehicle to a convenient place, including if appropriate a place of impoundment. (2) This section applies despite Part 10 and anything to the contrary in an enforcement warrant. 128 Powers to detain, immobilise and seize (1) In order to detain, immobilise or seize a motor vehicle under this Part, a police officer or the sheriff may do all or any of the following— (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; 100 Fines Reform Act 2014 No. 47 of 2014 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (b) break and enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle; (c) direct the driver, or any person in possession of the ignition or other keys to the motor vehicle, to give the keys to a police officer or the sheriff; (d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to detain, immobilise or seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means; (e) enter— (i) any place that is occupied by the registered operator of the motor vehicle against whom the enforcement warrant has been issued, whether or not with the consent of that person; or (ii) any place other than a place referred to in subparagraph (i) if the consent of the owner or occupier of that place is given to the police officer or the sheriff; or (iii) any place which is a public place. (2) Without limiting subsection (1), a police officer or the sheriff may do anything else reasonably necessary to detain, immobilise or seize a motor vehicle under this Part. 129 Powers to tow If a motor vehicle is removed to a convenient place in accordance with this Part, it must be towed by a tow truck within the meaning of the Accident Towing Services Act 2007 unless it is 101 s. 129 Fines Reform Act 2014 No. 47 of 2014 s. 130 Part 11—Detention, Immobilisation and Sale of Motor Vehicles possible to move that vehicle by a police officer or the sheriff driving the vehicle or directing another person to drive the vehicle. 130 Notice to be provided on detention or immobilisation (1) If the sheriff or police officer detains or immobilises an unattended motor vehicle under this Part, the sheriff or a police officer (as the case requires) must attach to the windscreen of the motor vehicle a detention or immobilisation notice that states— (a) that the motor vehicle has been detained or immobilised because the registered operator of the motor vehicle is a person against whom an enforcement warrant has been issued; and (b) the contact details of the sheriff. (2) If the sheriff removes an unattended motor vehicle to a convenient place under this Part, the sheriff must— (a) report the removal to a police officer; and (b) provide the police officer with the registration details for that motor vehicle, whether those details are current or expired. 131 Recovery of motor vehicle by registered operator within prescribed period (1) The sheriff, or a police officer at the direction of the sheriff, must release a detained or immobilised motor vehicle to the registered operator of the motor vehicle if any of the following occurs before the expiry of the prescribed period— (a) payment in full of— (i) the amount outstanding under the enforcement warrant; and 102 Fines Reform Act 2014 No. 47 of 2014 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (ii) any costs incurred as the result of the detention, immobilisation or impoundment of the motor vehicle under this Part; (b) the registered operator— (i) makes a payment arrangement in respect of every enforcement warrant to which the immobilisation or detention applies; and (ii) has paid any deposit, number of instalments, equivalent lump sum payment or other like condition reasonably required for the lifting of the sanction; (c) an attachment of earnings direction or an attachment of debts direction is made in relation to the registered operator; (d) an application for enforcement review results in enforcement cancellation; (e) seizure of property under this Act sufficient to satisfy the amount outstanding under the enforcement warrant; (f) in the case of a natural person, including a declared director, the person is arrested under this Act; (g) the enforcement warrant issued against the person has been recalled and cancelled; (h) the sheriff, in the sheriff's discretion, considers that it is otherwise appropriate to release the motor vehicle. 103 s. 131 Fines Reform Act 2014 No. 47 of 2014 s. 132 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (2) On the release of a motor vehicle under subsection (1), the registered operator against whom any enforcement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part. 132 Vehicle seizure and sale (1) After the prescribed period, if an amount remains outstanding under an enforcement warrant issued against the registered operator of a motor vehicle detained or immobilised under this Part, the sheriff may— (a) seize the motor vehicle or an item left in or on a motor vehicle; and (b) subject to subsections (2) and (3), sell that motor vehicle or item. (2) At least 14 days before exercising a power of sale under this section, the sheriff must serve a vehicle seizure and sale notice on the registered operator of the motor vehicle stating that— (a) the motor vehicle has been seized; and (b) the sheriff may sell or otherwise dispose of the motor vehicle and any item left in or on the motor vehicle unless payment in full of the amount outstanding under any enforcement warrant and any costs incurred as a result of the detention, immobilisation, seizure or impoundment of the motor vehicle is received within 14 days of the notice being sent. (3) At least 14 days before exercising a power of sale under this section, the sheriff must publish a notice of intention to sell in a newspaper circulating generally in the State. 104 Fines Reform Act 2014 No. 47 of 2014 Part 11—Detention, Immobilisation and Sale of Motor Vehicles 133 Recovery of motor vehicle or item by third party before sale (1) At any time before a sale under section 132 occurs a person other than the registered operator of a motor vehicle against whom an enforcement warrant has been issued may recover a motor vehicle or an item detained, immobilised or seized under this Part if— (a) the person was entitled, at the time the motor vehicle or item was detained, immobilised or seized, to possession of that vehicle or item; and (b) the person provides to the sheriff satisfactory evidence, in accordance with the regulations (if any), of that person's identity and entitlement to possession of the motor vehicle or item (as the case requires). (2) The sheriff must release a motor vehicle or an item (as the case requires) to a person if satisfied as to the matters referred to in subsection (1). (3) On the release of a motor vehicle under this section, the registered operator against whom the enforcement warrant was issued is liable for any costs incurred as a result of the detention, immobilisation or impoundment of the motor vehicle under this Part. 134 Sheriff may return motor vehicle or items of low monetary value (1) Despite section 132, the sheriff may return a vehicle detained, immobilised or seized under this Part to the registered operator, or any other person entitled, at the time of the detention, immobilisation or seizure, to possession of that vehicle, if in the opinion of the sheriff— 105 s. 133 Fines Reform Act 2014 No. 47 of 2014 s. 135 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (a) the costs of sale and the amount outstanding under the enforcement warrant are greater than the total monetary value of the vehicle; or (b) the vehicle is of negligible monetary value. (2) Despite section 132, the sheriff may return an item on or in any motor vehicle detained, immobilised or seized under this Part to the registered operator, or to any other person entitled, at the time of the detention, immobilisation or seizure, to possession of that item, if in the opinion of the sheriff— (a) the costs of sale and the amount outstanding under the enforcement warrant are greater than the total monetary value of the item; or (b) the item is of negligible monetary value. (3) The sheriff may exercise a power under this section in the sheriff's absolute discretion and at any time. 135 Application of proceeds of sale (1) If a motor vehicle or item is sold under section 132 the proceeds of sale are to be applied in the following order of priority— (a) to pay the costs of the sale; (b) to pay any costs of detention, immobilisation, seizure or impoundment under this Part; (c) to discharge any security interest over the motor vehicle; (d) to pay the amount outstanding under the enforcement warrant; 106 Fines Reform Act 2014 No. 47 of 2014 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (e) to pay any amount remaining to— (i) the registered operator; or (ii) if the registered operator is not entitled to the amount, any other person entitled, at the time the motor vehicle was detained or immobilised, to possession of the motor vehicle; or (iii) if the persons referred to in subparagraphs (i) or (ii) cannot be located after reasonable inquiries, deal with the balance in accordance with the Unclaimed Money Act 2008. (2) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest arising out of the operation of this Part. 136 Section 42 of the Supreme Court Act 1986 does not apply (1) Despite anything to the contrary in section 42 of the Supreme Court Act 1986, the sheriff or police officer may detain or immobilise a motor vehicle under this Part even if that motor vehicle— (a) is primarily used by that person as a means of transport; and (b) could not, but for this subsection, be detained or immobilised because of section 42 of the Supreme Court Act 1986. (2) Despite anything to the contrary in section 42 of the Supreme Court Act 1986, the sheriff may seize and sell a motor vehicle under this Part even if that motor vehicle— (a) is primarily used by that person as a means of transport; and 107 s. 136 Fines Reform Act 2014 No. 47 of 2014 s. 137 Part 11—Detention, Immobilisation and Sale of Motor Vehicles (b) could not, but for this subsection, be seized and sold because of section 42 of the Supreme Court Act 1986. 137 Buyer acquires good title (1) A person who buys a motor vehicle or an item under this Part acquires a good title to the vehicle or item if the person buys the vehicle or item— (a) in good faith; and (b) without notice of any defect or want of title. (2) The sheriff is not liable in respect of the sale of a motor vehicle or item under this Part unless it is proved that the sheriff had notice, or might by making reasonable inquiry have ascertained, that the vehicle or item was not the property of the registered operator against whom an enforcement warrant was issued. (3) Nothing in this section limits or affects any right or remedy the previous owner of the motor vehicle or item sold under this Part has or may bring otherwise than— (a) against the motor vehicle or item; or (b) against the sheriff in the exercise of a power of sale under this Part. 138 Offence to tamper with or remove means used to immobilise motor vehicle A person, other than a person authorised to do so in accordance with this Part, must not tamper with or remove the means by which a motor vehicle has been detained, immobilised or seized under this Part. Penalty: 60 penalty units. __________________ 108 Fines Reform Act 2014 No. 47 of 2014 Part 12—Removal of Number Plates PART 12—REMOVAL OF NUMBER PLATES 139 Application of Part (1) This Part applies if an enforcement warrant has been issued against a registered operator of a motor vehicle, whether or not a seven-day notice has been served on that person in respect of the enforcement warrant. (2) The sheriff or a police officer may take enforcement action under this Part in addition to any other enforcement action under this Act. 140 Power to remove number plates The sheriff or a police officer may remove from that motor vehicle the number plates issued by VicRoads if— (a) a police officer intercepts a motor vehicle of a registered operator against whom an enforcement warrant has been issued; or (b) the sheriff or a police officer finds parked or left standing such a motor vehicle. 141 Notice to be provided on removal of number plates If the sheriff or a police officer removes the number plates from a motor vehicle under section 140, the sheriff must— (a) attach to the windscreen of the motor vehicle a notice that states— (i) that the number plates have been removed because the registered operator of the motor vehicle is a person against whom one or more enforcement warrants have been issued; and 109 s. 139 Fines Reform Act 2014 No. 47 of 2014 Part 12—Removal of Number Plates s. 142 (ii) the registration number of the motor vehicle; and (iii) the contact details of the sheriff; and (b) notify the Director of the removal. 142 Director must notify VicRoads of removal of number plates If the Director is notified under section 141(b) about the removal of the number plates of a motor vehicle, the Director— (a) must notify VicRoads of the removal; and (b) may direct VicRoads to suspend the registration of the motor vehicle if this has not already been done. 143 VicRoads must immediately suspend registration of motor vehicle If VicRoads receives a direction under section 142(b), VicRoads must immediately suspend the registration of the motor vehicle. Note See section 9AA(1A) of the Road Safety Act 1986. 144 Number plates to be kept in safe custody (1) The sheriff or the police officer must keep any number plates removed from a motor vehicle under section 140 in safe custody. (2) Despite anything to the contrary in the Road Safety Act 1986, it is not an offence against that Act to leave a vehicle whose registration has been suspended under section 143 standing on a highway. 110 Fines Reform Act 2014 No. 47 of 2014 Part 12—Removal of Number Plates 145 Recovery of motor vehicle by registered operator within prescribed period The sheriff, or a police officer at the direction of the sheriff, must return to the registered operator of a motor vehicle number plates removed from that motor vehicle under section 140 if any of the following occurs— (a) payment in full of the amount outstanding under the enforcement warrant; (b) the registered operator— (i) makes a payment arrangement in respect of every enforcement warrant to which the removal of number plates applies; and (ii) has paid any deposit, number of instalments, equivalent lump sum payment or other like condition reasonably required for the lifting of the sanction; (c) an attachment of earnings direction or an attachment of debts direction is made in relation to the registered operator; (d) an application for enforcement review results in enforcement cancellation; (e) seizure of property under this Act sufficient to satisfy the amount outstanding under the enforcement warrant; (f) in the case of a natural person, including a declared director, the person is arrested under this Act; (g) the enforcement warrant issued against the person has been recalled and cancelled; 111 s. 145 Fines Reform Act 2014 No. 47 of 2014 s. 146 Part 12—Removal of Number Plates (h) the sheriff, in the sheriff's discretion, considers that it is otherwise appropriate to return the number plates. 146 Sheriff or police officer may reaffix number plates The sheriff or a police officer, at any time, may reaffix number plates removed from a vehicle under this Part if— (a) the sheriff or the police officer considers it appropriate to do so; or (b) it is necessary to do so for the purposes of other enforcement action under this Act. 147 Notification to Director of returned number plates (1) If the sheriff or a police officer returns removed number plates to the registered operator of a motor vehicle under section 145 or 146, the sheriff or police officer must notify the Director that the number plates have been returned. (2) If the Director is notified of the return of number plates under subsection (1), the Director must direct VicRoads to cease the suspension of the registration of the motor vehicle. (3) If VicRoads receives a direction under subsection (2), VicRoads must cease the suspension of the registration of the motor vehicle. 148 Cessation of suspension of registration sanction under this Part does not affect any other suspension (1) The cessation of the suspension of the registration of a motor vehicle under this Part does not affect any suspension of that registration under any other Part of this Act or under any other Act or law. (2) A period of suspension of a motor vehicle may be concurrent with any other period of suspension under the Road Safety Act 1986. 112 Fines Reform Act 2014 No. 47 of 2014 Part 12—Removal of Number Plates 149 Avoidance of certain provisions in contracts of insurance (1) Any covenant, term, condition, or other provision of a contract or other agreement is void to the extent that it purports to exclude or limit the liability of an insurer under a contract of insurance in the event of the suspension of the registration of a motor vehicle under this Act. (2) Subsection (1) applies to a contract of insurance whether entered into before, on or after the commencement of this Part. __________________ 113 s. 149 Fines Reform Act 2014 No. 47 of 2014 s. 150 Part 13—Infringement Offender Community Work Permits PART 13—INFRINGEMENT OFFENDER COMMUNITY WORK PERMITS 150 When a community work permit may be issued (1) This Part applies if an infringement offender is eligible to perform unpaid community work under a community work permit and consents to do so. (2) The sheriff must not issue a community work permit to an infringement offender if the total amount of the outstanding registered infringement fines under an enforcement warrant exceeds an amount equivalent to the value of 100 penalty units. (3) A community work permit must not be issued to an infringement offender unless the sheriff is satisfied that the infringement offender— (a) has the capacity to perform unpaid community work; and (b) is reasonably unlikely to contravene the conditions of a community work permit. (4) The sheriff in considering whether the sheriff is satisfied under subsection (3)(b) may take into consideration any contravention by the infringement offender of— (a) a community work permit issued to the infringement offender; or (b) any order imposed on the infringement offender under the Sentencing Act 1991. 151 Community work permit (1) Subject to section 150, the sheriff, in accordance with the enforcement warrant and the regulations if any, may release an infringement offender on a community work permit issued by the sheriff if— (a) the sheriff arrests the infringement offender under an enforcement warrant; and 114 Fines Reform Act 2014 No. 47 of 2014 Part 13—Infringement Offender Community Work Permits (b) the infringement offender consents to perform unpaid community work in respect of registered infringement fines under an enforcement warrant. (2) A community work permit must specify— (a) the amount of the outstanding registered infringement fines in penalty units to which the community work permit applies; and (b) the number of hours an infringement offender is required to work under the community work permit in respect of each enforcement warrant to which the community work permit applies. 152 Conditions of community work permits The following conditions apply to a community work permit— (a) that the infringement offender does not commit, whether in or outside Victoria, an offence punishable on conviction by imprisonment; (b) that the infringement offender report to a specified community corrections centre— (i) within 2 clear working days after the issue of the community work permit; or (ii) if the Secretary has made a direction under section 153, within the period specified by the Secretary that is no more than 14 days after the issue of the community work permit; (c) that the infringement offender reports to, and receives visits from, a community corrections officer; 115 s. 152 Fines Reform Act 2014 No. 47 of 2014 s. 153 Part 13—Infringement Offender Community Work Permits (d) that the infringement offender notifies a community corrections officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change; (e) that the infringement offender does not leave Victoria except with the permission of a community corrections officer at the specified community corrections centre granted either generally or in relation to the particular case; (f) that the infringement offender obeys all lawful instructions and directions of a community corrections officer; (g) that the infringement offender perform unpaid community work as directed by the Secretary for the number of hours specified in the community work permit in accordance with section 156. 153 Direction of Secretary—reporting of infringement offender (1) The Secretary may direct that an infringement offender must report to the community corrections centre specified in the community work permit on a day that is no more than 14 days after the date the community work permit was issued to the infringement offender. (2) The infringement offender may apply to the Secretary for a direction under subsection (1) within 7 days after the community work permit was issued to the infringement offender. (3) An infringement offender who makes an application under subsection (2) is taken to have not contravened the condition under section 152(b)(i) of the community work permit issued to the infringement offender. 116 Fines Reform Act 2014 No. 47 of 2014 Part 13—Infringement Offender Community Work Permits 154 Cancellation of community work permit on failure to report (1) A community work permit issued to an infringement offender is cancelled on the failure of the infringement offender to report as required under section 152(b) to the community corrections centre specified in the permit. (2) The Secretary must notify the Director if a community work permit is cancelled under subsection (1) within 5 days of that cancellation. (3) On being notified under subsection (2) the Director may apply under section 106(2)(c) to a registrar for an enforcement warrant against the infringement offender. 155 Cumulative periods of work under community work permits and orders under the Sentencing Act 1991 (1) If the sheriff issues an infringement offender with 2 or more community work permits in respect of 2 or more enforcement warrants, the periods of unpaid community work to be performed under those permits are cumulative. (2) If a fine conversion order or fine default unpaid community work order is in force in respect of an infringement offender, the hours of unpaid community work that the infringement offender is required to perform under a community work permit in force at the same time as the fine conversion order or fine default unpaid community work order must be performed cumulatively with the hours performed under the fine conversion order or fine default unpaid community work order. Note Work under a fine conversion order or a fine default unpaid community work order is to be performed cumulatively with work under other fine conversion orders or other fine default 117 s. 154 Fines Reform Act 2014 No. 47 of 2014 s. 156 Part 13—Infringement Offender Community Work Permits unpaid community work orders, but concurrently with work performed under any community correction order under the Sentencing Act 1991. See section 42 of the Sentencing Act 1991. (3) In this section— fine conversion order has the same meaning as it has in the Sentencing Act 1991; fine default unpaid community work order has the same meaning as it has in the Sentencing Act 1991. 156 Community work (1) Subject to subsection (4), the number of hours for which an infringement offender may be required to perform unpaid community work under a community work permit is one hour for each 02 penalty unit or part of 02 penalty unit of the outstanding registered infringement fines expressed as an amount equivalent to penalty units in relation to the enforcement warrants to which the permit applies with a minimum of 8 hours and a maximum of 500 hours. (2) Subject to subsection (3), the total number of hours to be worked in any period of 7 days must not exceed 20. (3) An infringement offender may work up to 40 hours in a period of 7 days if the infringement offender— (a) requests to do so; and (b) signs a written consent to working the extra number of hours. (4) The number of hours of unpaid community work specified in a community work permit must be performed over a period not exceeding the period specified in column 2 of the table below opposite 118 Fines Reform Act 2014 No. 47 of 2014 Part 13—Infringement Offender Community Work Permits the corresponding number of hours specified in column 1 of that table. TABLE Item Column 1 Hours of unpaid community work Column 2 Maximum period of order 1 376 to 500 24 months 2 3 4 5 251 to 375 126 to 250 51 to 125 50 or less 18 months 12 months 6 months 3 months 157 Secretary may direct infringement offender to report at another place (1) If, because an infringement offender has changed the offender's place of residence or for any other reason, it is not convenient that the infringement offender report at a place or to a person specified in a community work permit, the Secretary may direct the infringement offender to report at another place or to another person. (2) An infringement offender must report as directed under subsection (1) as if that place or person had been specified in the community work permit. 158 Suspension of community work permit The Secretary may suspend for a period the operation of a community work permit or any condition of a community work permit if— (a) an infringement offender is ill; or (b) there are other exceptional circumstances. 159 Variation or cancellation of community work permit (1) An application for variation or cancellation of a community work permit may be made to the Magistrates' Court at any time while the community work permit is in force by— 119 s. 157 Fines Reform Act 2014 No. 47 of 2014 s. 160 Part 13—Infringement Offender Community Work Permits (a) the infringement offender; or (b) a prescribed person or a member of a prescribed class of persons. (2) If an infringement offender makes an application under subsection (1), the infringement offender must give notice of the application to a prescribed person or a member of a prescribed class of persons. (3) If a prescribed person or a member of a prescribed class of persons makes an application under subsection (1), the applicant must give notice of the application to the infringement offender. (4) The Magistrates' Court may vary or cancel a community work permit on an application under subsection (1) if the Magistrates' Court is satisfied— (a) that the circumstances of the infringement offender have materially altered since the community work permit was issued and as a result the infringement offender would not be able to comply with a condition of the permit; or (b) that the circumstances of the infringement offender were wrongly stated or were not accurately presented to the sheriff before the community work permit was issued; or (c) that the infringement offender is no longer willing to comply with the community work permit. 160 Contravention of community work permit (1) An infringement offender who is subject to a community work permit must not contravene a condition of that permit unless the infringement offender has a reasonable excuse. Penalty: 10 penalty units. 120 Fines Reform Act 2014 No. 47 of 2014 Part 13—Infringement Offender Community Work Permits (2) Subsection (1) does not apply to a condition of a community work permit under section 152(b). (3) An infringement offender referred to in subsection (1) may be proceeded against on a charge-sheet filed in the Magistrates' Court by a prescribed person or a member of a prescribed class of person. (4) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed. (5) Despite anything to the contrary in the Criminal Procedure Act 2009— (a) on the filing of a charge-sheet referred to in subsection (3), an application under section 12 of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Magistrates' Court; and (b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the infringement offender to attend at the Magistrates' Court to answer the charge; and (c) a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the infringement offender when arrested before the Magistrates' Court to be dealt with under Part 14. (6) On the hearing of a charge the Magistrates' Court, in addition to imposing a fine may— (a) vary the community work permit; or (b) confirm the community work permit; or 121 s. 160 Fines Reform Act 2014 No. 47 of 2014 s. 161 Part 13—Infringement Offender Community Work Permits (c) cancel the community work permit (if it is still in force) and, whether or not it is in force, subject to subsection (7), deal with the infringement offender in accordance with section 165. (7) In determining how to deal with an infringement offender following the cancellation by it of a community work permit, the Magistrates' Court must take into account the extent to which the infringement offender had complied with the community work permit before its cancellation. (8) A fine imposed under this section— (a) does not affect the continuance of the community work permit, if it is still in force; and (b) must be taken for all purposes to be a fine payable on a conviction for an offence. 161 Part payment of registered infringement fines to reduce community work At any time while a community work permit is in force, if part of the registered infringement fines are paid in accordance with this Act by or on behalf of the infringement offender, the number of hours of work which the infringement offender is required to perform must be reduced by the number of hours bearing as nearly as possible the same proportion to the total number of hours specified in the community work permit as the amount paid bears to the penalty units to which the community work permit applies. 162 Hours worked reduces registered infringement fines If an infringement offender has completed a number of hours of work under a community work permit before it is contravened, the amount of the registered infringement fines in penalty units to which the community work permit applies 122 Fines Reform Act 2014 No. 47 of 2014 Part 13—Infringement Offender Community Work Permits must be reduced by a proportion that is as nearly as possible the same proportion as the number of hours worked bears to the total number of hours required to be worked under the community work permit. __________________ 123 s. 162 Fines Reform Act 2014 No. 47 of 2014 s. 163 Part 14—Infringement Offender and Imprisonment PART 14—INFRINGEMENT OFFENDER AND IMPRISONMENT 163 Application of this Part This Part applies if an infringement offender— (a) does not consent to a community work permit; or (b) is not eligible, in accordance with section 150(3), to perform unpaid community work under a community work permit; or (c) is not issued with a community work permit within 24 hours after being arrested; or (d) is issued with a community work permit and— (i) fails to comply with the permit or a condition of the permit; or (ii) fails to comply with any prescribed requirement; or (iii) the permit is cancelled by the Magistrates' Court under section 159; or (e) is delivered to the officer in charge of a prison or police gaol. 164 Infringement offender to be brought before the Magistrates' Court (1) An infringement offender must be brought before the Magistrates' Court within 24 hours after being arrested. (2) If it is not practicable to bring an infringement offender before the Magistrates' Court within 24 hours after being arrested— (a) a date for the infringement offender to attend before the Magistrates' Court must be fixed; and 124 Fines Reform Act 2014 No. 47 of 2014 Part 14—Infringement Offender and Imprisonment (b) the infringement offender must be discharged from custody on bail under section 10 of the Bail Act 1977. (3) An infringement offender arrested under an enforcement warrant may be discharged from custody on bail under section 10 of the Bail Act 1977. (4) This section ceases to apply if there are no outstanding registered infringement fines under the enforcement warrant. 165 Powers of the Magistrates' Court (1) If the Magistrates' Court is satisfied of a matter specified under subsection (2) on an infringement offender being brought before the Magistrates' Court in respect of any outstanding registered infringement fines under an enforcement warrant, the Magistrates' Court may make an order— (a) discharging in full any registered infringement fines; or (b) discharging in part any registered infringement fines; or (c) discharging in part any registered infringement fines and order that the infringement offender be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, to which the undischarged amount of the registered infringement fines under the enforcement warrant is an equivalent amount; or (d) make a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or (e) adjourn the further hearing of the matter for a period of up to 6 months. 125 s. 165 Fines Reform Act 2014 No. 47 of 2014 s. 165 Part 14—Infringement Offender and Imprisonment (2) For the purposes of subsection (1), the specified matters are— (a) that an infringement offender has a mental or intellectual impairment, disorder, disease or illness; or (b) without limiting paragraph (a), that special circumstances apply to an infringement offender; or (c) that having regard to an infringement offender's situation, imprisonment would be excessive, disproportionate or unduly harsh. (3) If the Magistrates' Court is not satisfied of a matter specified under subsection (2), the Magistrates' Court may order that the infringement offender be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, to which the amount of the outstanding registered infringement fines under the enforcement warrant is an equivalent amount. (4) If the Magistrates' Court makes an order under subsection (1)(b) discharging in part any registered infringement fines, the Magistrates' Court, in respect of any undischarged registered infringement fines, may make— (a) a time to pay order; or (b) an instalment order. (5) If the Magistrates' Court makes an order under subsection (1)(c) or (3) for imprisonment in default of payment of any outstanding registered infringement fines— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and 126 Fines Reform Act 2014 No. 47 of 2014 Part 14—Infringement Offender and Imprisonment (b) the Magistrates' Court may make an instalment order in respect of the payment of any outstanding registered infringement fines. Note A warrant to imprison issued under subsection (5)(a) may be executed on the contravention of an instalment order made under subsection (5)(b). (6) If the Magistrates' Court makes an order under subsection (1)(b) or (4) and the infringement offender contravenes the order by failing to pay the undischarged amount of the registered infringement fines in accordance with the order, the Magistrates' Court may issue a warrant to arrest the infringement offender under section 61 of the Magistrates' Court Act 1989. (7) If an infringement offender is brought before the Magistrates' Court on the execution of a warrant to arrest issued under subsection (6), the Magistrates' Court may— (a) confirm any order originally made under subsection (1)(b) or (4); or (b) cancel any order originally made under subsection (1)(b) or (4) and deal with the infringement offender as if the infringement offender had just been brought before the Magistrates' Court under subsection (1). (8) The Magistrates' Court, in determining how to deal with an infringement offender under subsection (7), must take into account the extent to which the infringement offender has complied with an order made under subsection (1)(b) or (4). 166 Variation of instalment order (1) An infringement offender may apply to the Magistrates' Court to vary an instalment order made under section 165(5)(b). 127 s. 166 Fines Reform Act 2014 No. 47 of 2014 s. 167 Part 14—Infringement Offender and Imprisonment (2) On the infringement offender applying under subsection (1), the Magistrates' Court may vary the instalment order if satisfied— (a) that the circumstances of the infringement offender have materially altered since the order was made and as a result the infringement offender is unable to comply with the order; or (b) that the circumstances of the infringement offender were wrongly stated or were not accurately presented to the Magistrates' Court. 167 Application for rehearing in certain circumstances (1) If the Magistrates' Court makes an order under section 165(3), the infringement offender may apply for a rehearing of the matter. (2) An application under subsection (1) is to be in accordance with the rules of court (if any). (3) A rehearing may only be sought on the basis that— (a) at the time of the hearing— (i) the infringement offender had a mental or intellectual impairment, disorder, disease or illness; or (ii) without limiting subparagraph (i), that special circumstances applied to the infringement offender— and this was not taken into account or was not before the Magistrates' Court at the time of the hearing under section 165; or (b) at the time of the hearing under section 165 evidence was not taken into account or before the Magistrates' Court so as to make the decision to imprison the infringement 128 Fines Reform Act 2014 No. 47 of 2014 Part 14—Infringement Offender and Imprisonment offender excessive, disproportionate and unduly harsh. (4) If an infringement offender fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the infringement offender may reapply under subsection (1) if the infringement offender obtains leave of the Magistrates' Court to reapply. (5) A warrant to imprison issued in accordance with section 165(5)(a) that has not been executed in relation to a matter must be— (a) recalled and cancelled by a registrar of the Magistrates' Court— (i) on the filing of an application under this section for a rehearing of a matter; or (ii) on the filing of an application under this section to obtain the leave of the Magistrates' Court; and (b) reissued on the striking out or refusal of a rehearing or leave by the Magistrates' Court. (6) The Magistrates' Court must— (a) stay an instalment order made under section 165(5)(b)— (i) on the filing of an application under this section for a rehearing of a matter; or (ii) on the filing of an application under this section to obtain the leave of the Magistrates' Court; and (b) lift the stay on the striking out or refusal of a rehearing by the Magistrates' Court. 129 s. 167 Fines Reform Act 2014 No. 47 of 2014 s. 168 Part 14—Infringement Offender and Imprisonment 168 Determination of rehearing (1) On rehearing a matter under section 167, if the Magistrates' Court is satisfied, on the balance of probabilities, that a ground referred to in section 167(3) has been established the Magistrates' Court may— (a) cancel the order made under section 165(3); and (b) exercise any power available to the Magistrates' Court under section 165 in respect of the infringement offender. (2) If the Magistrates' Court is not satisfied that a ground referred to in section 167(3) has been established, the Magistrates' Court— (a) must confirm the order to imprison the infringement offender under section 165(3); and (b) may— (i) issue a warrant to imprison the infringement offender under section 165(5)(a) if the infringement offender is not in custody; and (ii) lift a stay on an instalment order (if any) made in respect of the infringement offender under section 165(5)(b). (3) Subject to section 167(4), the Magistrates' Court may only rehear a matter once. 169 Application for bail pending rehearing (1) An infringement offender serving an order of imprisonment under section 165(3) who makes an application under section 167 may apply to the Magistrates' Court to be granted bail in accordance with the Bail Act 1977. 130 Fines Reform Act 2014 No. 47 of 2014 Part 14—Infringement Offender and Imprisonment (2) On an application for bail under subsection (1), the Magistrates' Court may grant the infringement offender bail pending the rehearing of the matter. 170 Infringement offender in custody If an infringement offender who is in custody makes an application under section 167 and is granted bail, the order made under section 165(3) to imprison the infringement offender is stayed until the rehearing is determined. 171 Reduction of imprisonment by payment of part of registered infringement fine (1) Despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary or anything in any enforcement warrant, if an infringement offender is imprisoned under a warrant to imprison issued under section 68 of the Magistrates' Court Act 1989— (a) the whole or any part of any registered infringement fine may be paid by or on behalf of the infringement offender to the officer in charge of the prison or police gaol in which the infringement offender is detained; and (b) the officer in charge must receive the payment and forward it without delay to the registrar. (2) An infringement offender who is in custody in respect of any registered infringement fine and for no other matter must be released from custody, if the officer in charge of the prison or the police gaol in which the infringement offender is imprisoned is paid— (a) the whole amount of the registered infringement fine; or 131 s. 170 Fines Reform Act 2014 No. 47 of 2014 s. 172 Part 14—Infringement Offender and Imprisonment (b) the amount of the registered infringement fine remaining to be paid. (3) If part of the registered infringement fine is paid to the officer in charge of the prison or police gaol by or on behalf of the infringement offender who is imprisoned— (a) the officer in charge must— (i) amend the execution copy of the warrant to imprison; and (ii) receive the payment and forward it without delay to a registrar; and (b) at the end of the reduced term, the infringement offender who is imprisoned must be discharged if the infringement offender is in custody for no other matter. 172 Enforcement and payment report (1) The Director must prepare an enforcement and payment report if an infringement offender or a fine defaulter, as the case requires, is granted bail on being arrested to be dealt with in accordance with this Part or Part 3B of the Sentencing Act 1991. Note See section 69FA of the Sentencing Act 1991 for the powers of the court after a fine defaulter who is the subject of registered court fines is arrested and brought before the court. (2) An enforcement and payment report must— (a) establish the action undertaken by the Director or the sheriff against the infringement offender or the fine defaulter to satisfy any registered fine; or (b) establish any payment made by the infringement offender or the fine defaulter to satisfy any registered fine. 132 Fines Reform Act 2014 No. 47 of 2014 Part 14—Infringement Offender and Imprisonment (3) The relevant court may adjourn a proceeding to enable an enforcement and payment report to be prepared. 173 Distribution of enforcement and payment report The Director must as soon as practicable file the enforcement and payment report and a copy of the report with the relevant court. __________________ 133 s. 173 Fines Reform Act 2014 No. 47 of 2014 s. 174 Part 15—General PART 15—GENERAL Division 1—Information collection 174 Director or sheriff may request required information from specified agency for purpose of enforcing registered fines (1) For the purpose of enforcing any registered fine against a person, the Director or the sheriff may request a specified agency to provide the Director or the sheriff with the required information in relation to the person. (2) A request made under subsection (1) must be in writing. (3) The Director or the sheriff may request required information under subsection (1) only if the Director or the sheriff has made all reasonable attempts to enforce a registered fine against the person without success. (4) A request under subsection (1) must include only information that is sufficient to enable the specified agency to identify the person to whom the request relates. 175 Specified agency must comply unless certain cases apply (1) A specified agency must comply with a request under section 174(1) within 14 days after receiving the request unless— (a) the specified agency is a law enforcement agency; or (b) the public sector body Head (within the meaning of the Public Administration Act 2004) of the public sector body or chief executive officer of the Council, as the case requires, certifies in writing that exceptional circumstances apply that require the agency 134 Fines Reform Act 2014 No. 47 of 2014 Part 15—General not to provide the Director or the sheriff, as the case requires, with the required information. (2) Despite subsection (1)(a), a law enforcement agency may comply with a request under section 174(1). (3) A certificate referred to in subsection (1)(b) must be given to the Director or the sheriff, as the case requires, within 14 days after receiving a request under section 174(1). 176 Restriction on Director and sheriff in relation to use of required information The Director or sheriff may use required information provided to the Director or sheriff under this Division only for the purpose of enforcing a registered fine against the person to whom the required information relates. 177 Access to and use of information held by credit reporting bodies On the written request of the Director or the sheriff, a credit reporting body is authorised to disclose to the Director or the sheriff relevant information about a fine defaulter for the purposes of the Director or the sheriff taking enforcement action under this Act against the fine defaulter. 178 Certain agencies may give information for enforcement purposes (1) For the purpose of the enforcement of registered fines, directions and warrants under this Act, the Director, the sheriff and any contractor or subcontractor supporting the functions of the Director or the sheriff may request information that may assist in carrying out that purpose from any person or body. 135 s. 176 Fines Reform Act 2014 No. 47 of 2014 s. 179 Part 15—General (2) On the written request of the Director, the sheriff or any contractor or sub-contractor supporting the functions of the Director or the sheriff, a specified enforcement information agency may give the person or body making the request access to any information held by the agency that may be of use in the enforcement of registered fines, directions and warrants under this Act. (3) A person who obtains access to any information as a result of a request made under this section may use the information to enforce registered fines, directions and warrants under this Act but is otherwise subject to all the requirements and restrictions concerning the handling, use and disclosure of the information that apply to the person who provided, or granted access to, the information in response to the request. (4) In this section, specified enforcement information agency means a person or body— (a) that holds information that may be of use in the enforcement of registered fines, directions and warrants under this Act; and (b) that is prescribed by regulations made for the purposes of this section to be a specified enforcement information agency— but does not include a person or body listed in section 90A(1) of the Melbourne City Link Act 1995. Division 2—Service 179 Service of documents (1) Subject to this Act, documents required or permitted by this Act to be given or served may be served— (a) personally; or 136 Fines Reform Act 2014 No. 47 of 2014 Part 15—General (b) by post; or (c) by registered post; or (d) by any other prescribed manner. Note The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act. (2) A document must be served personally if it is— (a) a seven-day notice; or (b) a summons for oral examination; or (c) a notice of intention to charge land; or (d) a notice of intention to sell charged land; or (e) a declared director notice. (3) An attachment of earnings direction must be served on an employer by post or registered post. (4) An attachment of debts direction must be served on a garnishee by post or registered post. (5) If a document is served on a declared director, it must be addressed to the address lodged with the Australian Securities and Investments Commission as the registered office address of the body corporate in respect of which that person is a director. Note For service on corporations generally, see section 109X of the Corporations Act. (6) Subject to any evidence to the contrary and despite anything to the contrary in the Interpretation of Legislation Act 1984, any document that is served by post in accordance with this section is taken to be served 7 days after the date specified in the document as the date of that document. 137 s. 179 Fines Reform Act 2014 No. 47 of 2014 s. 180 Part 15—General 180 Substituted service (1) If for any reason it is impracticable to serve a document in the manner required by section 179, a magistrate may order that steps be taken as specified in the order for the purposes of bringing the document to the notice of the person to be served. (2) If a magistrate makes an order under subsection (1), the magistrate may order that the document be taken to have been served— (a) on the happening of any specified event; or (b) on the expiry of any specified time. (3) A magistrate may make an order under subsection (1) notwithstanding that the person to be served is out of Victoria or was out of Victoria when the proceeding commenced. 181 Service deemed despite document being returned to sender (1) Despite anything to the contrary in section 179(6), a document served on a person by post and returned undelivered to its sender is deemed to be served 7 days after the date specified in the document as the date of that document, despite it being returned to the sender undelivered if the document was posted to— (a) an authorised address; or (b) an address given to a court on the referral of a court fine for collection and management by the Director under Division 2 of Part 3. (2) For the purposes of this section, 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 138 Fines Reform Act 2014 No. 47 of 2014 Part 15—General 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. Division 3—Other matters 182 Police may assist sheriff A police officer, at the request of the sheriff, may assist the sheriff in the execution of the sheriff's functions or duties under this Act. 183 Police may exercise certain powers of the sheriff (1) The sheriff, with the approval of the Chief Commissioner of Police, by instrument may authorise a police officer or a class of police officer to exercise in accordance with the regulations (if any) all or any of the powers, functions or duties of the sheriff under this Act. (2) Without limiting subsection (1), a police officer authorised under subsection (1) may serve, in accordance with Part 10, a seven-day notice on a person against whom an enforcement warrant has been issued. (3) An authority given under subsection (1) may be subject to any conditions and limitations which are specified in the authority. 184 Offence to give false information A person must not intentionally provide false or misleading information in any written statement required by or under this Act. Penalty: 10 penalty units. 139 s. 182 Fines Reform Act 2014 No. 47 of 2014 Part 15—General s. 185 Division 4—Regulations 185 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing non-registrable infringement offences or classes of non-registrable infringement offences; and (b) prescribing for the purposes of Part 7 the type of information that can be sought and the circumstances in which, and the persons from whom, information can be sought; and (c) prescribing persons or classes of persons for the purposes of making applications for attachment of earnings directions or attachment of debt directions; and (d) prescribing the practice and procedure in relation to applications for attachment of earnings directions and attachment of debts directions, including variation, discharge or suspension of those directions; and (e) prescribing the protected level of income for the purposes of an attachment of earnings direction; and (f) the fees, costs and charges payable in respect of the execution by the sheriff of any enforcement warrant; and (g) the fees, costs and charges payable in respect of the exercise by the Director of any power or function of the Director under this Act; and (h) other fees, costs and charges under this Act; and 140 Fines Reform Act 2014 No. 47 of 2014 Part 15—General (i) without limiting any power to make regulations conferred by any other paragraph, the fees, costs and charges payable in respect of— (i) the issue or execution of an enforcement warrant; or (ii) the amendment, alteration or variation of an enforcement warrant; or (iii) the supply of a duplicate copy of an enforcement warrant; and (j) prescribing conditions for grants of community work permits, the release of persons on community work permits and procedures for the purposes of Part 13, including, but not limited to the following— (i) the commencement of community work permits; (ii) the matters to be specified in community work permits; (iii) the supply of copies of community work permits to specified persons; (iv) the obligations of persons subject to community work permits; (v) the payment of fines by or on behalf of a person required to perform unpaid community work under a community work permit; and (k) prescribing for the purposes of section 183, the exercise of powers, functions and duties; and (l) generally any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. 141 s. 185 Fines Reform Act 2014 No. 47 of 2014 s. 185 Part 15—General (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value or time; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. (3) Regulations made under this Act may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance; (c) confer a discretionary authority or impose a duty on— (i) a specified person or body; or (ii) a specified class of person or body; (d) provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified. (4) Without limiting subsection (3) or the powers of the Director under section 9, if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, cost or charge pursuant to subsection (3), the reduction, waiver or refund— 142 Fines Reform Act 2014 No. 47 of 2014 Part 15—General (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; (iii) in respect of a specified class of infringement offence, including offences committed before or after the commencement of the regulations providing for the reduction, waiver or refund, in whole or in part, of the fees, costs and charges; (iv) in respect of a specified enforcement agency or class of enforcement agency; (v) for a specified period or periods or from a specified commencement date to a specified expiry date; (vi) in respect of any combination of the matters referred to in subparagraphs (i) to (v); (b) may be subject to specified conditions. __________________ 143 s. 185 Fines Reform Act 2014 No. 47 of 2014 s. 186 Part 16—Transitional Provisions PART 16—TRANSITIONAL PROVISIONS 186 General transitional provision (1) This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) Except as specifically provided, this Part does not affect or take away from any other transitional provision. 187 Lodgeable infringement offences An offence prescribed to be a lodgeable infringement offence under the Infringements Act 2006, on and from the repeal of Part 4 of that Act, is taken to be an infringement offence in respect of which any outstanding infringement fine may be registered under section 16. 188 Infringement penalties lodged under Infringements Act 2006 (1) An infringement penalty with any prescribed costs lodged with an infringements registrar under Part 4 of the Infringements Act 2006 before the repeal of that Part— (a) is taken on and from that repeal to be a registered infringement fine under this Act; and (b) may be enforced in accordance with this Act. (2) The Director must issue a notice of final demand in respect of each transitioned registered infringement fine referred to in subsection (1) within 28 days of the repeal of Part 4 of the Infringements Act 2006. 144 Fines Reform Act 2014 No. 47 of 2014 Part 16—Transitional Provisions 189 Enforcement orders made under Infringements Act 2006 An enforcement order notice served in respect of an enforcement order made under the Infringements Act 2006 before the repeal of Part 4 of that Act— (a) is taken on and from that repeal to be a notice of final demand served in respect of a registered infringement fine under this Act; and (b) may be enforced in accordance with this Act as if a notice of final demand had been served in respect of the registered infringement fine. 190 Enforcement orders with revocation proceedings in progress (1) Despite the repeal of Part 4 of the Infringements Act 2006, an application for revocation of an enforcement order made under that Part that has not been considered by an infringements registrar before that repeal is taken to be an application for enforcement review and must be dealt with by the Director accordingly. (2) Despite the repeal of Part 4 of the Infringements Act 2006, an application for revocation of an enforcement order that has been referred to the Court under that Part but which has not been heard and determined by the Court before that repeal is to be heard and determined in accordance with that Division 4 of that Part as if that Division had not been repealed. (3) If, on the hearing and determination of a referred revocation application under subsection (2), the Court decides to not to revoke the enforcement order— 145 s. 189 Fines Reform Act 2014 No. 47 of 2014 s. 191 Part 16—Transitional Provisions (a) the infringement penalty and prescribed costs the subject of the enforcement order are taken to be a registered fine under this Act; and (b) the Director may issue a notice of final demand to the infringement offender in respect of the matter. 191 Payment orders under Infringements Act 2006 (1) A person in respect of whom a payment order within the meaning of the Infringements Act 2006 as in force immediately before the repeal of Part 3 of that Act applies immediately before that repeal is taken, on and from the date of that repeal, to have made a payment arrangement with the Director under this Act. (2) For the purposes of subsection (1)— (a) a payment arrangement is taken to have the same terms and conditions as the payment order that it superseded; and (b) on any default of that payment arrangement, sections 56 and 57 of this Act apply. 192 Unexecuted infringement warrants issued under Infringements Act 2006 (1) An infringement warrant issued under the Infringements Act 2006 against a person before the repeal of Part 6 of that Act, which has not commenced to be executed before that repeal, on and from that repeal— (a) is taken to be an enforcement warrant issued under this Act; and (b) may be executed accordingly. (2) The sums named in an infringement warrant issued under the Infringements Act 2006 that is taken to be an enforcement warrant by force of 146 Fines Reform Act 2014 No. 47 of 2014 Part 16—Transitional Provisions this section, remain recoverable under this Act in respect of that warrant on the repeal of Part 6 of that Act. 193 Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006 A motor vehicle that has been detained, immobilised or seized but not sold under Part 7 of the Infringements Act 2006 before that Part is repealed is taken, on and from that repeal, to be detained, immobilised or seized (as the case may be) under Part 11 of this Act. 194 Transitional provision for proceeds of vehicles seized and sold If a motor vehicle was sold under section 101 of the Infringements Act 2006 before the repeal of Part 7 of that Act but the proceeds of the sale had not been applied in accordance with section 104 of that Act before that repeal, the proceeds of the sale must be applied in accordance with section 104 of that Act as if that section had not been repealed. 195 Attachment of earnings order (1) An attachment of earnings order made by an infringements registrar in respect of a person under section 123 of the Infringements Act 2006, on and from the repeal of that section— (a) is taken to be an attachment of earnings direction made by the Director in respect of a fine defaulter; and (b) all rights and duties that apply in respect of an attachment of earnings direction under this Act apply to the attachment of earnings order made under the Infringements Act 2006 as if it had been made under this Act. 147 s. 193 Fines Reform Act 2014 No. 47 of 2014 s. 196 Part 16—Transitional Provisions (2) If a person has applied for an attachment of earnings order under section 123 of the Infringements Act 2006 immediately before the repeal of that section and, on that repeal, the application is pending, the Director may consider the application under this Act as if that application were an application for an attachment of earnings direction. 196 Attachment of debts order (1) An attachment of debts order made by an infringements registrar in respect of a person under section 129 of the Infringements Act 2006, on and from the repeal of that section— (a) is taken to be an attachment of debts direction made by the Director in respect of a fine defaulter; and (b) all rights and duties that apply in respect of an attachment of debts direction under this Act apply to the attachment of debts order made under the Infringements Act 2006 as if it had been made under this Act. (2) If a person has applied for an attachment of debts order under section 129 of the Infringements Act 2006 immediately before the repeal of that section and on that repeal, that application is pending, the Director may consider the application under this Act as if that application were an application for an attachment of debts direction. 197 Suspension of driver licences and vehicle registration A direction by the sheriff to do any of the following under Part 8 of the Infringements Act 2006 as in force immediately before its repeal is taken to be a direction by the Director under Part 8 of this Act— (a) to suspend a driver licence; 148 Fines Reform Act 2014 No. 47 of 2014 Part 16—Transitional Provisions (b) to suspend the registration of a motor vehicle or trailer; (c) to not renew a driver licence or motor vehicle registration; (d) to not transfer registration. 198 Community work permits A community work permit issued to an infringement offender under section 148 of the Infringements Act 2006, on and from the repeal of that section by this Act— (a) is taken to be a community work permit issued under Part 13; and (b) is subject to any conditions that apply to a community work permit issued under this Act. 199 Imprisonment A person arrested under an infringement warrant under Part 12 of the Infringements Act 2006 as in force immediately before the repeal of that Part, but who failed to appear in the Magistrates' Court— (a) is taken, on and from that repeal, to be an infringement offender; and (b) must be dealt with accordingly under Part 14 of this Act. 200 Certain pre-commencement court fines may be registered If a person defaults on a court fine imposed before the commencement of section 15, when the person appears before the sentencing court for that default, any new order made by that court imposing a court fine may be registered for enforcement under section 15 despite the original order being made before that commencement. 149 s. 198 Fines Reform Act 2014 No. 47 of 2014 s. 201 Part 16—Transitional Provisions 201 Superseded references Unless the context otherwise requires, on and from the repeal of Part 6 of the Infringements Act 2006, in any Act (other than this Act or a provision of an Act amended by this Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to an infringements registrar is taken to be a reference to a registrar; (b) a reference to the Infringements Court is taken to be a reference to Magistrates' Court for the purposes of the Fines Reform Act 2014. 202 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the date that this Act receives the Royal Assent; and (b) be of limited or general application; and (c) differ according to differences in time, place or circumstances; and (d) leave any matter or thing to be decided by a specified person or specified class of persons; and (e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. 150 Fines Reform Act 2014 No. 47 of 2014 Part 16—Transitional Provisions (3) Regulations made under this section have effect despite anything to the contrary— (a) in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation. __________________ 151 s. 202 Fines Reform Act 2014 No. 47 of 2014 s. 203 Part 17—Amendment of Infringements Act 2006 PART 17—AMENDMENT OF INFRINGEMENTS ACT 2006 Division 1—Amendment of preliminary provisions 203 Amendment of purposes See: Act No. 12/2006. Reprint No. 4 as at 17 February 2014 and amending Act Nos 30/2013, 32/2013 and 74/2013. LawToday: www. legislation. vic.gov.au For section 1(a) of the Infringements Act 2006 substitute— "(a) to provide a framework for the issuing and serving of infringement notices; and (ab) to provide a framework for internal review of a decision by an enforcement agency to serve an infringement notice; and (ac) to provide for the payment of an infringement penalty by payment plan; and (ad) to provide for the work and development permit scheme; and". 204 Definitions In section 3(1) of the Infringements Act 2006— (a) the definitions of attachment of earnings order, attachment of debts order, community corrections centre, community corrections officer, community work permit, director, driver licence, enforcement order, enforcement order notice, execution copy, fine, garnishee, infringement offender, infringements registrar, infringement warrant, lodgeable infringement offence, outstanding fines, payment order, public place, registered operator, Secretary and VicRoads are repealed; 152 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (b) for the definition of prescribed costs substitute— "prescribed costs, in relation to an infringement penalty, means any costs or fees prescribed to be a prescribed cost;". 205 New definitions inserted In section 3(1) of the Infringements Act 2006 insert the following definitions— "accredited agency means an organisation accredited under Division 3A of Part 2 to provide a work and development permit under that Division; accredited health practitioner means a person who is a qualified health practitioner accredited under Division 3A of Part 2 to provide a work and development permit under that Division; court fine has the same meaning as it has in the Fines Reform Act 2014; Director has the same meaning as it has in the Fines Reform Act 2014; eligible person means— (a) a person served with an infringement notice; and (b) either— (i) special circumstances apply to the person; or (ii) the person is experiencing acute financial hardship; Note The work and development permit guidelines made by the Attorney-General under section 27K specify the kind of circumstances 153 s. 205 Fines Reform Act 2014 No. 47 of 2014 s. 205 Part 17—Amendment of Infringements Act 2006 that should apply to a person in order to satisfy the Director that the person is experiencing acute financial hardship. enforcement warrant has the same meaning as it has in the Fines Reform Act 2014; health practitioner means— (a) a registered medical practitioner; or (b) a registered psychologist; or (c) a nurse; infringement fine has the same meaning as it has in the Fines Reform Act 2014; non-registrable infringement offence has the same meaning as it has in the Fines Reform Act 2014; notice of final demand has the same meaning as it has in the Fines Reform Act 2014; 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); payment arrangement has the same meaning as it has in the Fines Reform Act 2014; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); work and development permit means a permit referred to in section 27A; 154 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 work and development permit guidelines means the guidelines prepared by the AttorneyGeneral under section 27K.". 206 Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009 (1) In the heading to section 4 of the Infringements Act 2006 after "Magistrates' Court Act 1989" insert ", Fines Reform Act 2014". (2) In section 4(1) of the Infringements Act 2006, after "Magistrates' Court Act 1989" insert ", Fines Reform Act 2014". (3) After section 4(3) of the Infringements Act 2006 insert— "(4) Expressions used in this Act and in the Fines Reform Act 2014 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Fines Reform Act 2014.". 207 Infringement offences to which this Act applies (1) In section 7(1) of the Infringements Act 2006, omit "lodgeable". (2) Section 7(2) of the Infringements Act 2006 is repealed. (3) For section 7(3) of the Infringements Act 2006 substitute— "(3) Subject to anything to the contrary in the Children, Youth and Families Act 2005 or this Act, this Act applies to infringement notices issued to or served on a child for an infringement offence.". (4) Section 7(4) of the Infringements Act 2006 is repealed. 155 s. 206 Fines Reform Act 2014 No. 47 of 2014 s. 208 Part 17—Amendment of Infringements Act 2006 Division 2—Infringement notices 208 Service of infringement notice (1) In section 12(2) of the Infringements Act 2006, for "14 days" substitute "7 days". (2) In section 12(3) of the Infringements Act 2006, for "28 days" substitute "21 days". 209 Payment to be within time specified In section 14 of the Infringements Act 2006, for "28 days" substitute "21 days". 210 Late payment For section 15(b)(i) of the Infringements Act 2006 substitute— "(i) an infringement offence for which an infringement notice was served on a person other than a child, the outstanding amount of the infringement penalty has not been registered with the Director under the Fines Reform Act 2014; or". 211 Person may elect to have matter heard in Court or Children's Court (1) For section 16(1) of the Infringements Act 2006 substitute— "(1) Unless subsection (1A) applies, a person served with an infringement notice may elect to have the matter of the infringement offence heard and determined in the Court at any time before the outstanding amount of the infringement penalty, together with any prescribed costs are registered with the Director under the Fines Reform Act 2014. (1A) A person served with an infringement notice in respect of a non-registrable infringement offence may elect to have the matter of the infringement offence heard and determined 156 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 in the Court at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.". (2) In section 16(3) of the Infringements Act 2006— (a) for "subsection (1)" substitute "subsections (1) and (1A)"; (b) for "bringing" substitute "commencing". 212 Enforcement agency can refer matter to Court or Children's Court (1) For section 17(1) of the Infringements Act 2006 substitute— "(1) Subject to subsection (3), an enforcement agency may refer a matter for which an infringement notice has been served to the Court— (a) at any time before the outstanding amount of the infringement penalty together with any prescribed costs are registered with the Director under the Fines Reform Act 2014; or (b) if the infringement notice is in respect of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.". (2) In section 17(3)(b) of the Infringements Act 2006 for "bringing" substitute "commencing". 157 s. 212 Fines Reform Act 2014 No. 47 of 2014 s. 213 Part 17—Amendment of Infringements Act 2006 213 Withdrawal of infringement notice For section 18(1) of the Infringements Act 2006 substitute— "(1) An enforcement agency may withdraw an infringement notice by serving a withdrawal notice on the person served with the infringement notice— (a) unless the infringement offence is of a kind specified in paragraph (b) or (c), at any time before the outstanding amount of the infringement penalty together with any prescribed costs are registered with the Director under the Fines Reform Act 2014; (b) in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005, at any time before an enforcement order under that Schedule is made; (c) in the case of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates.". Division 3—Internal reviews 214 Application of Division At the end of section 21 of the Infringements Act 2006 insert— "(2) This Division does not apply to an infringement notice to which any of the following provisions apply if the person was unaware of the notice having been served 158 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 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 87A of the Melbourne City Link Act 1995; (c) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; (d) section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988; (e) section 219A of the EastLink Project Act 2004.". 215 Application for internal review (1) In section 22(1) of the Infringements Act 2006— (a) in paragraph (c), for "offence." substitute "offence; or"; (b) after paragraph (c) insert— "(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) In section 22(2) of the Infringements Act 2006— (a) for "subsection (1)" substitute "subsection (1)(a), (b) or (c)"; (b) for paragraph (a)(i)(A) substitute— "(A) an infringement offence for which an infringement notice was served on a person, other than a child, at any time before the outstanding amount of an infringement penalty together with any prescribed costs are registered with the 159 s. 215 Fines Reform Act 2014 No. 47 of 2014 s. 215 Part 17—Amendment of Infringements Act 2006 Director under the Fines Reform Act 2014; or". (3) In section 22(2)(a)(ii) of the Infringements Act 2006— (a) for "in the case of any other infringement offence" substitute "in the case of a nonregistrable infringement offence"; (b) for "bringing" substitute "commencing". (4) After section 22(2) of the Infringements Act 2006 insert— "(3) An application under subsection (1)(d)— (a) must be made within 14 days of the applicant becoming aware of the infringement notice; and (b) must be in writing; and (c) must state the grounds on which the decision should be reviewed; and (d) must provide the applicant's current address for service of the notice of the outcome of the decision under section 24(3); and (e) may only be made once in relation to any one infringement offence in respect of the applicant. (4) An enforcement agency must not consider an application under section 22(1)(d) if the applicant has not updated the person's authorised address (within the meaning of section 163A(3)) within 14 days of changing address.". 160 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 216 Review by enforcement agency (1) In section 24(1) of the Infringements Act 2006, for "under section 22" substitute "on a ground specified in section 22(1)(a), (b) or (c)". (2) After section 24(1) of the Infringements Act 2006 insert— "(1A) If an enforcement agency receives an application for review on the ground specified in section 22(1)(d), the enforcement agency must— (a) review whether it is likely that, more than 14 days before making an application under section 22(1)(d), the person was not in fact aware that the infringement notice had been served; and (b) suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until— (i) the review is complete; and (ii) the applicant is sent advice of the outcome of the review under subsection (3)(b).". 217 What can an enforcement agency decide on review? (1) In section 25(1) of the Infringements Act 2006, after "Subject to subsection (2)" insert "and (2A)". (2) After section 25(2) of the Infringements Act 2006 insert— "(2A) In the case of an application made under section 22(1)(d) on the grounds that the person was unaware of the infringement notice having been served, after reviewing a 161 s. 216 Fines Reform Act 2014 No. 47 of 2014 s. 217 Part 17—Amendment of Infringements Act 2006 decision under section 24, an enforcement agency may— (a) grant the application if satisfied that, more than 14 days before making an application under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served; or (b) refuse the application if not satisfied that, more than 14 days before making an application under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served.". (3) For section 25(3) of the Infringements Act 2006 substitute— "(3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must— (a) pay the infringement penalty in accordance with section 26; or (b) apply to the enforcement agency for a payment plan; or (c) apply to the Director for a payment arrangement; or (d) elect to have the matter of the infringement offence heard and determined in the Court; or (e) apply to the Director for a work and development permit. (4) If an enforcement agency makes a decision under subsection (2A)(a) granting the application, the enforcement agency must 162 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 serve the applicant with written notice of that decision. (5) A person served with a notice under subsection (4) must, within 21 days of receiving the notice— (a) pay the infringement penalty; or (b) enter into a payment plan or payment arrangement; or (c) nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or (d) apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or (e) elect to have the matter of an infringement offence heard and determined in the Court or the Children's Court (as the case requires); or (f) apply to the Director for a work and development permit. (6) If an enforcement agency makes a decision under subsection (2A)(b) refusing the application, the enforcement agency must— (a) serve the applicant written notice of the outcome of the review; and (b) advise the applicant that the infringement penalty must be paid within 14 days of the written notice.". 163 s. 217 Fines Reform Act 2014 No. 47 of 2014 s. 218 Part 17—Amendment of Infringements Act 2006 218 New Division 3A inserted into Part 2 After Division 3 of Part 2 of the Infringements Act 2006 insert— "Division 3A—Work and development permits 27A 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 penalty together with any prescribed costs 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. 27B 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) may be made at any time before any infringement penalty in respect of an infringement offence 164 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 is registered with the Director under the Fines Reform Act 2014. (3) 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 (c) the grounds for requesting the work and development permit including each infringement offence and infringement penalty to which the work and development permit will relate; and (d) if the eligible person has multiple outstanding infringement penalties, those infringement penalties; and (e) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and (f) a proposed time for the completion of those activities. (4) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement penalties under the work and development permit until the Director makes a decision under section 27C. 165 s. 218 Fines Reform Act 2014 No. 47 of 2014 s. 218 Part 17—Amendment of Infringements Act 2006 27C Approval of work and development permit The Director may approve an application for a work and development permit made under section 27A if the Director is satisfied that the application is in respect of an eligible person. 27D Effect of work and development permit (1) If a work and development permit is approved under section 27C, further action under this Act or enforcement action under the Fines Reform Act 2014 against the eligible person in respect of the infringement penalty is suspended until— (a) the eligible person completes the work and development permit; or (b) the work and development permit is cancelled. (2) If a person who is subject to a work and development permit completes the work and development permit, any infringement penalty and any prescribed costs to which the work and development permit relates are satisfied to the extent set out in the permit. (3) If a work and development permit is cancelled or partially completed, the enforcement agency may— (a) take action under this Act to recover any outstanding amount of the infringement penalty and any prescribed costs; or 166 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (b) if appropriate, take enforcement action under the Fines Reform Act 2014 by registering the infringement fine under that Act. (4) If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement penalty and any prescribed costs owed by the eligible person are reduced to reflect the extent of the partial completion of the permit. 27E Variation or cancellation of work and development permit (1) The Director may vary 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) 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. 27F 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. 167 s. 218 Fines Reform Act 2014 No. 47 of 2014 s. 218 Part 17—Amendment of Infringements Act 2006 (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 may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit if the Director is satisfied the organisation's application is made in accordance with— (a) the work and development permit guidelines; and (b) any regulations. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; or (b) any prescribed conditions. 27G 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 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— 168 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (a) 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; and (b) the health practitioner's application is made in accordance with— (i) the work and development permit guidelines; and (ii) any regulations. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; or (b) any prescribed conditions. 27H 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 27I; 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. 169 s. 218 Fines Reform Act 2014 No. 47 of 2014 s. 218 Part 17—Amendment of Infringements Act 2006 27I 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 maintained under subsection (1). (3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2). 27J Accreditation may be revoked or surrendered (1) The Director may revoke the accreditation of an accredited agency or accredited health practitioner if— (a) the accredited agency or accredited health practitioner fails to comply with section 27I(3); or 170 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (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 revoked 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 revoked or has surrendered its accreditation to the Director; or (b) by a health practitioner, that the health practitioner has had the practitioner's accreditation revoked or has surrendered the practitioner's accreditation to the Director. 27K Work and development permit guidelines (1) For the purposes of this Division, 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 acute financial hardship test; and (b) the work-off rates for satisfaction or part satisfaction of an infringement penalty; and 171 s. 218 Fines Reform Act 2014 No. 47 of 2014 s. 218 Part 17—Amendment of Infringements Act 2006 (c) the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under a work and development permit; and (d) the information and any documents required to be included in any application to become an accredited organisation 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 the 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. 27L Liability (1) The State of Victoria is not liable for any loss or damage sustained by any person that is caused by an act or omission of a person who is subject to a work and development 172 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 permit in the carrying out of any activity under that permit. (2) Nothing in this section affects any right of action the State of Victoria may have against a person who is subject to a work and development permit for the damage or loss.". 219 Penalty reminder notices In section 29(3) of the Infringements Act 2006, for "28 days" substitute "14 days". 220 Exceptions to expiation For section 31(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 221 Expiating the offence (1) For section 32(1) of the Infringements Act 2006 substitute— "(1) This section applies if an infringement notice is— (a) not withdrawn and the infringement penalty and any prescribed costs are paid within the period specified in the notice or late payment is accepted in accordance with section 15; or (b) not withdrawn and the infringement penalty and any prescribed costs are satisfied by the completion of a work and development permit. (1A) Subject to subsection (2) and any other Act, the person on whom the notice was served has (as appropriate)— 173 s. 219 Fines Reform Act 2014 No. 47 of 2014 s. 222 Part 17—Amendment of Infringements Act 2006 (a) expiated the offence by payment of the infringement penalty and any prescribed costs; or (b) expiated the offence by completion of the work and development permit.". (2) For section 32(2)(a) of the Infringements Act 2006 substitute— "(a) the infringement penalty and any prescribed costs are— (i) paid within the period specified in the notice for late payment is accepted in accordance with section 15; or (ii) satisfied by completion of a work and development permit; and". 222 Effect of expiation (1) In section 33(2) of the Infringements Act 2006— (a) after "by a person" insert ", or the completion of a work and development permit by a person where the infringement penalty and any prescribed costs are satisfied by that completion,"; (b) in paragraph (b), after "payment" insert "of the infringement penalty or completion of the work and development permit". (2) In section 33(3) of the Infringements Act 2006, after "infringement penalty" insert "or completion of the work and development permit". 174 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 223 Agreeing to pay by instalments has same effect as a full payment (1) For the heading to section 35(1) of the Infringements Act 2006 substitute— "Effect of paying by instalments or agreeing to be subject to work and development permit for demerit point purposes". (2) In section 35(2) of the Infringements Act 2006— (a) after "as paying" insert "or satisfying"; (b) in paragraph (a), for "and" substitute "or"; (c) in paragraph (b), for "penalty." substitute "penalty; or"; (d) after paragraph (b) insert— "(c) an approval of a work and development permit by the Director.". 224 Cancellation of certain infringement notices Division 6 of Part 2 of the Infringements Act 2006 is repealed. 225 Heading to Division 7 of Part 2 amended In the heading to Division 7 of Part 2 of the Infringements Act 2006, for "pre-lodgement stage" substitute "prior to registration under the Fines Reform Act 2014". 226 Decision to go to Court—lodgeable infringement offences (1) In the heading to section 40 of the Infringements Act 2006 omit "—lodgeable infringement offences". (2) In section 40(1) of the Infringements Act 2006, for "a lodgeable" (where twice occurring) substitute "an". 175 s. 223 Fines Reform Act 2014 No. 47 of 2014 s. 227 Part 17—Amendment of Infringements Act 2006 (3) In the note at the foot of section 40(2) of the Infringements Act 2006, for "infringement offences that are not lodgeable infringement offences" substitute "non-registrable infringement offences". (4) In section 40(3) of the Infringements Act 2006, for "a lodgeable" substitute "an". 227 Going to Court—indictable offences In section 40A of the Infringements Act 2006, for "a lodgeable" substitute "an". 228 Avoiding service In section 41 of the Infringements Act 2006, for "a lodgeable" substitute "an". Division 4—Payment plans 229 Establishment of the central payment plan facility Division 1 of Part 3 of the Infringements Act 2006 is repealed. 230 Payment plans available in certain circumstances (1) After section 46(1) of the Infringements Act 2006 insert— "(1A) A body corporate served with an infringement notice may apply to an enforcement agency for a payment plan to pay the infringement penalty and any prescribed costs in respect of the infringement offence to which the infringement notice relates.". (2) In section 46(2) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)". 176 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (3) For section 46(2)(a)(i) of the Infringements Act 2006 substitute— "(i) an infringement offence for which an infringement notice was served on a person other than a child, at any time before the registration for enforcement of the infringement penalty in respect of that offence with the Director under the Fines Reform Act 2014; or". (4) In section 46(2)(b) of the Infringements Act 2006— (a) for "any other infringement offence" substitute "a non-registrable infringement offence". (b) for "bringing" substitute "commencing". (5) In section 46(3) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)". (6) In section 46(4) of the Infringements Act 2006 after "subsection (1)" insert "or (1A)". (7) In section 46(5)(b) of the Infringements Act 2006— (a) for "Secretary" substitute "Director"; and (b) for "plan" substitute "arrangement under the Fines Reform Act 2014". (8) After section 46(5) of the Infringements Act 2006 insert— "(6) If an enforcement agency decides not to offer a payment plan to a person who applies under subsection (1) or (1A), the agency must serve on the person written notice of that decision specifying that— (a) a payment plan will not be offered to the person; and 177 s. 230 Fines Reform Act 2014 No. 47 of 2014 s. 231 Part 17—Amendment of Infringements Act 2006 (b) the person has 21 days from the date the notice is served to pay the infringement penalty; and (c) failure to pay within 21 days from the date the notice is served may result in any infringement penalty being registered for enforcement with the Director under the Fines Reform Act 2014. (7) An enforcement agency must cease any action taken to collect an infringement penalty and any prescribed costs from a person served with an infringement notice on receipt of an application made under subsection (1) or (1A) by the person until the application is determined.". 231 Payment plans (1) In section 47(1) of the Infringements Act 2006— (a) omit "natural"; (b) omit "or the Secretary". (2) Section 47(3) of the Infringements Act 2006 is repealed. 232 Section 48 substituted For section 48 of the Infringements Act 2006 substitute— "48 Commencement of payment plans A payment plan commences when the enforcement agency receives the first payment by its due date in accordance with the proposed payment plan from the person to whom that plan was offered.". 178 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 233 Payment plans—additions, removals and cancellations For section 49(3) of the Infringements Act 2006 substitute— "(3) If an enforcement agency withdraws an infringement notice under this Act or the Act or other instrument which establishes the infringement offence for which the infringement notice was served, the enforcement agency must remove the infringement penalty and any prescribed costs for the infringement offence in relation to the withdrawn infringement notice from a person's payment plan. Note See also section 48(3) of the Fines Reform Act 2014.". 234 New sections 49A and 49B inserted After section 49 of the Infringements Act 2006 insert— "49A Variation of payment plan (1) A person to whom a payment plan applies may apply to the enforcement agency for a variation of the terms of the payment plan. (2) The enforcement agency, in its 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 plan pending a decision by the enforcement agency to vary those terms or refuse the application. (4) The enforcement agency must give written notification to the applicant of the enforcement agency's decision to vary the 179 s. 233 Fines Reform Act 2014 No. 47 of 2014 s. 235 Part 17—Amendment of Infringements Act 2006 payment plan or to refuse the application for variation as soon as practicable after the decision is made. (5) If a variation is refused by the enforcement agency, the terms of the payment plan continue as they applied before the application for variation. 49B Addition of infringement penalties requires a new payment plan to be made A person who has made a payment plan with an enforcement agency and who wishes to add an infringement penalty to that payment plan must apply for a new payment plan under section 46 in respect of the relevant infringement penalty.". 235 Allocation of money received under payment plan (1) In section 50(1) of the Infringements Act 2006, omit "or the Secretary (as the case requires)". (2) For section 50(2) of the Infringements Act 2006 substitute— "(2) The order of priority to be applied when payments under a payment plan are allocated applies to all payment plans managed by an enforcement agency.". (3) In section 50(3) of the Infringements Act 2006 for "Secretary or an enforcement agency (as the case requires)" substitute "enforcement agency". (4) For section 50(3)(a) of the Infringements Act 2006 substitute— "(a) if the person has other outstanding infringement penalties and any prescribed costs in respect of an infringement offence or outstanding notices of final demand, offer to apply the amount of the overpayment to those outstanding infringement penalties and 180 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 prescribed costs or any outstanding notices of final demand (as the case requires) if the person— (i) consents to the amount being so applied; and (ii) directs the agency to do so; or". 236 Provision of current contact details Section 51 of the Infringements Act 2006 is repealed. 237 Section 52 substituted and new section 52A inserted For section 52 of the Infringements Act 2006, substitute— "52 Default on a payment plan results in other enforcement action (1) A person defaults in the payment of a payment plan if the enforcement agency does not receive a payment in accordance with that plan within 14 days after the due date of the payment. (2) If the enforcement agency does not receive a payment within the time specified in subsection (1), the enforcement agency must send a written notice to the person to whom the payment plan applies advising the person— (a) that the person is in default; and (b) that within 14 days of the notice, the payment plan is cancelled, unless the overdue payment is received before the expiry of that 14 day period; and (c) on cancellation of the payment plan, the outstanding infringement penalty will be dealt with under this Act or enforced 181 s. 236 Fines Reform Act 2014 No. 47 of 2014 s. 237 Part 17—Amendment of Infringements Act 2006 by other enforcement action available under the Fines Reform Act 2014. 52A Enforcement action on default, cancellation or removal if payment is not complete (1) Any remaining outstanding infringement penalty may be enforced by other enforcement action available under this Act or the Fines Reform Act 2014— (a) on the removal of an infringement penalty from payment plan under section 49(2)(a) by the person to whom the payment plan applies; or (b) on the cancellation of a payment plan under section 49(2)(b) by the person to whom the payment plan applies; or (c) on cancellation of the payment plan under section 52 for default; or (d) if a person does not make the first payment arrangement in accordance with section 48. (2) For the purposes of subsection (1), any enforcement action available is to be taken from the point which the infringement penalty to which the removal or cancellation relates had reached in the enforcement lifecycle at the time the payment plan was made for that infringement penalty. Note Depending on the stage that enforcement had reached before the payment plan was made, a penalty reminder notice may be served, or the infringement penalty may be registered as an infringement fine and a notice of final demand served or any sanction available under the Fines Reform Act 2014 following default may be applied.". 182 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 238 Section 53 amended (1) In the heading to section 53 of the Infringements Act 2006, for "bringing" substitute "commencing". (2) In section 53(1)(c) of the Infringements Act 2006 for "plan." substitute "plan;". (3) After section 53(1)(c) of the Infringements Act 2006 insert— "(d) if a person does not make the first payment in respect of a proposed payment plan in accordance with section 48, by 6 months from the due date of the first payment under that proposed payment plan.". 239 New Part 3A inserted After Part 3 of the Infringements Act 2006 insert— "PART 3A—INTERNAL REVIEW OVERSIGHT 53A Guidelines (1) The Director may make guidelines for enforcement agencies setting out— (a) the purposes of internal review; and (b) the obligations of enforcement agencies in performing the internal review function; and (c) any other matter the Director considers appropriate for the purposes of internal review conducted by enforcement agencies. (2) The Director may consult enforcement agencies for the purposes of making guidelines under this section. 183 s. 238 Fines Reform Act 2014 No. 47 of 2014 s. 239 Part 17—Amendment of Infringements Act 2006 (3) Guidelines made under this section— (a) must be published in the Government Gazette; and (b) may be published on the Internet. 53B Oversight and monitoring by Director (1) The Director may request an enforcement agency to give the Director any of the following— (a) information relating to any internal review applications made to the enforcement agency including— (i) the number of internal review applications received; and (ii) the grounds on which applications for internal review were made; and (iii) the outcomes of internal review; (b) the policies, processes and guidelines used by the enforcement agency to determine internal review applications; (c) any complaints received by the enforcement agency relating to internal review; (d) any other prescribed internal review matter. (2) An enforcement agency must comply with a request for information made by the Director under subsection (1). 184 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 53C Recommendations to enforcement agencies (1) The Director may make recommendations to an enforcement agency at any time in relation to its internal review processes and compliance with the Act generally. (2) After receiving any recommendations under subsection (1), an enforcement agency must within a reasonable time give a report to the Director specifying— (a) any action taken by, or planned to be taken by, the enforcement agency to implement the recommendations; and (b) if no action will be taken by the enforcement agency to implement the recommendations, the reasons for that decision. 53D Reports and recommendations to Attorney-General (1) The Director must submit to the AttorneyGeneral an annual report of the outcomes in respect of the functions carried out by the Director under this Part. (2) The Attorney-General may publish the report received from the Director under subsection (1). (3) The Director may submit a report to the Attorney-General at any time in relation to any of the following— (a) compliance with this Act by an enforcement agency; (b) failure by an enforcement agency to comply with a request made by the Director under section 53B; 185 s. 239 Fines Reform Act 2014 No. 47 of 2014 s. 240 Part 17—Amendment of Infringements Act 2006 (c) an enforcement agency's response to any recommendations made to it by the Director; (d) any issues identified by the Director as part of the Director's functions under this Part. (4) The Director may make recommendations to the Attorney-General at any time for the purposes of— (a) improving the operation of internal review; (b) addressing problems or issues encountered by enforcement agencies; (c) dealing with non-compliance with this Act, proper processes and the guidelines by enforcement agencies. __________________". Division 5—Repeals and further consequential amendments 240 Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed (1) Parts 4, 5, 6, 7, 8, 9, 10 and 11 of the Infringements Act 2006 are repealed. (2) Section 161A of the Infringements Act 2006 is repealed. (3) Part 12 of the Infringements Act 2006 is repealed. 241 Service of documents (1) At the foot of section 162(1) of the Infringements Act 2006 insert— "Note The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including facsimile transmission and email, in accordance with that Act.". 186 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (2) Section 162(2), (2A) and (3) of the Infringements Act 2006 are repealed. (3) In section 162(6) of the Infringements Act 2006, for "14 days" substitute "7 days". 242 Service deemed despite document being returned to sender (1) In section 163A(1) and (2) of the Infringements Act 2006, for "14 days" substitute "7 days". (2) The note at the foot of section 163A of the Infringements Act 2006 is repealed. 243 Sections 164, 165 and 166 repealed Sections 164, 165 and 166 of the Infringements Act 2006 are repealed. 244 Regulations—provisions repealed In section 168 of the Infringements Act 2006, subsections (1)(a), (f), (g), (h), (i), (j), (k), (l), (n) and (o), (3)(a) and (4)(a)(iii) and (iv) are repealed. 245 Regulations—work and development permit powers inserted After section 168(1)(e) of the Infringements Act 2006 insert— "(ea) the reporting obligations of accredited organisations and accredited health practitioners supervising work and development permits; and (eb) the issuing of agency accreditation and health practitioner accreditation for the purposes of work and development permits; and (ec) requirements for record keeping in relation to work and development permits; and". 187 s. 242 Fines Reform Act 2014 No. 47 of 2014 s. 246 Part 17—Amendment of Infringements Act 2006 246 Sections 190, 191, 205, 206 and 209A repealed Sections 190, 191, 205, 206 and 209A of the Infringements Act 2006 are repealed. 247 New Part 16 inserted After Part 15 of the Infringements Act 2006 insert— "PART 16—TRANSITIONAL PROVISIONS— FINES REFORM ACT 2014 212 Definitions In this Part— commencement day means the day on which section 247 of the Fines Reform Act 2014 comes into operation. 213 General transitional provision (1) This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) Except as specifically provided, this Part does not affect or take away from any other transitional provision. 214 Infringement notices and penalty reminder notices (1) Subject to this Part and anything to the contrary in this Act or the Fines Reform Act 2014, on and from the commencement day, this Act and the Fines Reform Act 2014 apply to any infringement notice irrespective of whether the infringement notice was issued before, on or after the commencement day. 188 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (2) Despite subsection (1) and anything to the contrary in this Act, if an infringement notice was served on a person before the commencement day— (a) the date specified in the infringement notice as the time by which the person served with the notice must pay the infringement penalty specified in the infringement notice is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 21 days after the infringement notice was served; and (b) if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails. (3) Despite subsection (1) and anything to the contrary in this Act, if a penalty reminder notice was served on a person before the commencement day— (a) the date specified in the penalty reminder notice as the time by which the person served with the notice must pay the infringement penalty specified and any prescribed costs is the date by which that person must pay that penalty, if that date is a day on or after the commencement day, irrespective of whether that date specified is more than 14 days after the penalty reminder notice was served; and 189 s. 247 Fines Reform Act 2014 No. 47 of 2014 s. 247 Part 17—Amendment of Infringements Act 2006 (b) if any matter specified in the penalty reminder notice conflicts with the requirements of this Act, the matter specified in the penalty reminder notice prevails. 215 Internal review applications (1) This section applies to an application— (a) made before the commencement day, by a person served with an infringement notice or a person acting on that person's behalf, to an enforcement agency for review of the decision to serve an infringement notice under section 22; and (b) that immediately before the commencement day, has not been reviewed or has not been completely reviewed and a decision made. (2) On and from the commencement day— (a) Division 3 of Part 2 applies to the application; and (b) the enforcement agency must review and decide the application as if the application had been made on or after the commencement day. 216 Payment plans (1) If, immediately before the commencement day, a payment plan was arranged and managed by an enforcement agency, on and from the commencement day, the payment plan— (a) continues to be managed by the enforcement agency; and 190 Fines Reform Act 2014 No. 47 of 2014 Part 17—Amendment of Infringements Act 2006 (b) continues on the same terms and conditions to which it was subject immediately before that day. (2) If, immediately before the commencement day, a payment plan was arranged and managed by the Secretary under the central payment plan facility, on and from the commencement day, the payment plan— (a) is to be managed by the Director as if the payment plan were a payment arrangement under the Fines Reform Act 2014; and (b) despite paragraph (a), continues to be subject to the same terms and conditions to which it was subject immediately before the commencement day. 217 Person unaware Despite the repeal of Division 6 of Part 2, if a person unaware that an infringement notice has been issued applies to an infringements registrar and the matter is referred to court but not heard and determined before the commencement day, on and from the commencement day, the matter must be determined under that Division as if it had not been repealed. 218 Request from and applications for infringement offender under section 161A (1) Despite the repeal of section 161A, if before the commencement day a person has made a request to the sheriff under that section, the sheriff must apply to the court in accordance with that section as if it had not been repealed. 191 s. 247 Fines Reform Act 2014 No. 47 of 2014 s. 247 Part 17—Amendment of Infringements Act 2006 (2) A court must hear and determine an application referred to in subsection (1) in accordance with section 161A as if that section had not been repealed. (3) Despite the repeal of section 161A, if before the commencement day the sheriff has made an application to the court under that section, the court must hear and determine the application in accordance with those sections. __________________". __________________ 192 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 248 PART 18—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND REPEAL Division 1—Associations Incorporation Reform Act 2012 248 Additional step for ongoing offence In section 213(6) and (7)(b) of the Associations Incorporation Reform Act 2012, for "Infringements Act 2006" substitute "Fines Reform Act 2014". See: Act No. 20/2012, and amending Act Nos 21/2012, 9/2013, 57/2013, 70/2013 and 17/2014. LawToday: www. legislation. vic.gov.au Division 2—Australian Consumer Law and Fair Trading Act 2012 249 Prohibited debt collection practices In section 45(4) of the Australian Consumer Law and Fair Trading Act 2012, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". 193 See: Act No. 21/2012, and amending Act Nos 21/2012, 81/2012, 9/2013, 57/2013, 16/2014 and 17/2014. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 250 Part 18—Consequential Amendments to Other Acts and Repeal Division 3—Bail Act 1977 250 Where impracticable to bring person arrested before court See: Act No. 9008. Reprint No. 11 as at 14 March 2014 and amending Act No. 17/2014. LawToday: www. legislation. vic.gov.au (1) In section 10(1A) of the Bail Act 1977— (a) for "Infringements Act 2006 by the sheriff or a person authorised under section 84(5)" substitute "Fines Reform Act 2014 by the sheriff or a person authorised under section 115(5)"; (b) for "section 84(5)" substitute "section 115(5)". (2) In section 10(2) of the Bail Act 1977, for "section 84(5) of the Infringements Act 2006" (where three times occurring) substitute "section 115(5) of the Fines Reform Act 2014". (3) In section 10(3) of the Bail Act 1977, for "section 84(5) of the Infringements Act 2006" substitute "section 115(5) of the Fines Reform Act 2014". 251 Admission to bail For section 27(2)(d) of the Bail Act 1977 substitute— "(d) in the case of an enforcement warrant within the meaning of the Fines Reform Act 2014, the sheriff or a person authorised under section 115(5) of that Act.". 194 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 252 Division 4—Children, Youth and Families Act 2005 252 CAYPINS procedure In section 581(2) of the Children, Youth and Families Act 2005, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 253 Application for registration of infringement penalty (1) In clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005— (a) for subparagraph (ii) substitute— "(ii) who has agreed to pay an infringement penalty by a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014, but who has subsequently defaulted on payment of that plan or that payment arrangement; or"; (b) in subparagraph (iii) after "Infringements Act 2006" insert "or a payment arrangement under the Fines Reform Act 2014". 195 See: Act No. 96/2005. Reprint No. 4 as at 27 March 2013 and amending Act Nos 96/2005, 51/2006, 9/2013, 30/2013, 52/2013, 63/2013, 67/2013, 74/2013, 17/2014, 19/2014 and 26/2014. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 254 Part 18—Consequential Amendments to Other Acts and Repeal (2) For clause 3(2)(e) of Schedule 3 to the Children, Youth and Families Act 2005 substitute— "(e) if a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014 applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan or payment arrangement and a specified amount still remains to be paid under that payment plan or payment arrangement; and". (3) In clause 3(2)(f) of Schedule 3 to the Children, Youth and Families Act 2005 after "Infringements Act 2006" insert "or a payment arrangement under the Fines Reform Act 2014". Division 5—Control of Weapons Act 1990 254 Forfeiture of controlled weapons if infringement notice served See: Act No. 24/1990. Reprint No. 6 as at 16 May 2012 and amending Act Nos 35/2012 and 82/2012. LawToday: www. legislation. vic.gov.au (1) After section 9A(3)(b) of the Control of Weapons Act 1990 insert— "(ba) the recipient commences a payment arrangement under section 47 of the Fines Reform Act 2014; or". (2) For section 9A(5)(b) of the Control of Weapons Act 1990 substitute— "(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or". 196 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 255 Division 6—Corrections Act 1986 255 Definitions In section 3(1) of the Corrections Act 1986, in paragraph (ab) of the definition of correctional order, for "Infringements Act 2006" substitute "Fines Reform Act 2014". See: Act No. 117/1986. Reprint No. 10 as at 20 November 2013 and amending Act Nos 46/2013, 67/2013, 72/2013, 74/2013, 12/2014, 17/2014, 18/2014, 25/2014 and 26/2014. LawToday: www. legislation. vic.gov.au Division 7—Criminal Procedure Act 2009 256 Definitions In section 3 of the Criminal Procedure Act 2009— (a) at the foot of the definition of infringement conviction insert— "Note An offence where an infringement notice may take effect as a conviction includes an infringement offence to which any of the following provisions apply— sections 89A to 89D of the Road Safety Act 1986; or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988; or section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014."; 197 See: Act No. 7/2009. Reprint No. 3 as at 1 March 2013 and amending Act Nos 12/2013, 32/2013, 56/2013, 67/2013, 77/2013, 17/2014 and 26/2014. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 257 Part 18—Consequential Amendments to Other Acts and Repeal (b) the definition of infringements registrar is repealed; (c) in the definition of proceeding, for "as infringements registrar" substitute "under the Fines Reform Act 2014". 257 Summary offences In the note at the foot of section 27 of the Criminal Procedure Act 2009, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 258 Non-appearance of accused—Infringements Act 2006 (1) For section 85(1) of the Criminal Procedure Act 2009 substitute— "(1) This section applies to an infringement offence within the meaning of the Infringements Act 2006 in respect of which an election to have the matter of the offence heard and determined in the Magistrates' Court under Part 2 of that Act has been made.". (2) In section 85(2) of the Criminal Procedure Act 2009 omit "or 71(1)(a)". 259 Appearance In section 328(d) of the Criminal Procedure Act 2009— (a) for subparagraph (ii) substitute— "(ii) section 160 of the Fines Reform Act 2014—"; (b) for "or the Infringements Act 2006" substitute "or the Fines Reform Act 2014". 198 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 260 Division 8—Drugs, Poisons and Controlled Substances Act 1981 260 Retention and return of seized items For section 80ZB(3)(b) of the Drugs, Poisons and Controlled Substances Act 1981 substitute— "(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or". See: Act No. 9719. Reprint No. 10 as at 30 November 2012 and amending Act Nos 57/2012, 82/2012, 70/2013, 9/2014 and 13/2014. LawToday: www. legislation. vic.gov.au Division 9—EastLink Project Act 2004 261 Enforcement of infringement penalty (1) In section 218(1) of the EastLink Project Act 2004, after "with the Infringements Act 2006" insert "or the Fines Reform Act 2014". (2) Section 218(2) of the EastLink Project Act 2004 is repealed. 262 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone (1) In section 219A(1) of the EastLink Project Act 2004, for "an infringements registrar (within the meaning of the Infringements Act 2006)" 199 See: Act No. 39/2004. Reprint No. 3 as at 21 July 2011 and amending Act Nos 61/2011, 22/2013, 55/2013 and 70/2013. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 262 Part 18—Consequential Amendments to Other Acts and Repeal substitute "a registrar (within the meaning of the Fines Reform Act 2014)". (2) In 219A(3) of the EastLink Project Act 2004, for "an infringements registrar within the meaning of the Infringements Act 2006" substitute "a registrar within the meaning of the Fines Reform Act 2014". (3) In section 219A(5) of the EastLink Project Act 2004— (a) for paragraph (a) substitute— "(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and (ab) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within 200 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal the extended period, the notice ceases to have effect at the end of that period; and"; (b) for paragraph (c) substitute— "(c) any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and". (4) In section 219A(5)(d) of the EastLink Project Act 2004— (a) for "Infringements Act 2006" substitute "Fines Reform Act 2014"; (b) for "enforcement order made, or warrant issued" substitute "notice of final demand served or enforcement warrant issued". (5) In section 219A(6) of the EastLink Project Act 2004— (a) in paragraph (d) omit "or the Secretary (as the case may be)"; 201 s. 262 Fines Reform Act 2014 No. 47 of 2014 s. 262 Part 18—Consequential Amendments to Other Acts and Repeal (b) after paragraph (d) insert— "(da) makes a payment arrangement in accordance with the Fines Reform Act 2014 and the Director receives the first payment under that payment arrangement from the person; or"; (c) in paragraph (e), for "of that Act or section 25(2)" substitute "or (2) or (2A)". (6) In section 219A(7) of the EastLink Project Act 2004, for "the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006" substitute "the outstanding amount of an infringement fine has been registered with the Director under the Fines Reform Act 2014". (7) After section 219A(8) of the EastLink Project Act 2004 insert— "(9) Despite anything to the contrary in this section or the Fines Reform Act 2014, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for an enforcement review under section 32 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or (b) applied for a payment arrangement under that Act, until— (i) the person is notified that the person's application for a payment arrangement has been refused; or 202 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 263 (ii) in the case of a proposed payment arrangement, the payment arrangement does not commence, in accordance with section 47 of that Act; or (iii) in the case of a payment arrangement that has commenced— (A) the payment arrangement is cancelled under section 49(2) of that Act; or (B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of that Act; or (C) the person receives written notice under section 56(2) of that Act advising the person that the person is in default.". Division 10—Education and Care Services National Law Act 2010 263 Infringements law At the end of section 12 of the Education and Care Services National Law Act 2010 insert— "(2) For the purposes of the definition of infringements law in section 5 of the Education and Care Services National Law (Victoria), the Fines Reform Act 2014 and the regulations made under that Act are declared, for the purpose of enforcing an infringement notice, to be an infringements law for this jurisdiction for the purposes of the Education and Care Services National Law (Victoria).". 203 See: Act No. 69/2010 and amending Act Nos 69/2010 and 80/2011. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 264 Part 18—Consequential Amendments to Other Acts and Repeal Division 11—Graffiti Prevention Act 2007 264 Forfeiture of graffiti implements See: Act No. 59/2007. Reprint No. 1 as at 17 October 2012 and amending Act No. 70/2013. LawToday: www. legislation. vic.gov.au In section 24(2) of the Graffiti Prevention Act 2007— (a) after paragraph (c) insert— "(ca) the person commences a payment arrangement under section 47 of the Fines Reform Act 2014; or (cb) a notice of final demand under the Fines Reform Act 2014 is served in relation to the infringement offence; or"; (b) in paragraph (d), omit "under section 59 of the Infringements Act 2006 or". 265 Return of seized items when no proceedings brought etc. In section 25(1)(d)(ii) of the Graffiti Prevention Act 2007, for "section 38" substitute "section 25(2A)(a)". Division 12—Heavy Vehicle National Law Application Act 2013 266 Infringement Notice Offences Law See: Act No. 30/2013. Reprint No. 1 as at 10 February 2014. LawToday: www. legislation. vic.gov.au Before the note to section 13 of the Heavy Vehicle National Law Application Act 2013 insert— "(2) The Fines Reform Act 2014 and the regulations made under that Act are declared to be the Infringement Notice Offences Law for the purposes of enforcing an infringement notice issued under the Heavy Vehicle National Law (Victoria).". 204 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 267 267 Infringements Act 2006 Items 13.2 to 13.12 of Part 2 of the Schedule to the Heavy Vehicle National Law Application Act 2013 are repealed. Division 13—Magistrates' Court Act 1989 268 Definitions In section 3(1) of the Magistrates' Court Act 1989— (a) insert the following definition— "enforcement warrant has the same meaning as in the Fines Reform Act 2014;"; (b) the definitions of Infringements Court, infringements registrar and infringement warrant are repealed; (c) in the definition of process for "infringement warrant" substitute "enforcement warrant"; (d) in the definition of proceeding for "as infringements registrar" substitute "under the Fines Reform Act 2014". 269 Rules of Court Section 16(1A)(m) of the Magistrates' Court Act 1989 is repealed. 270 Employment of principal registrar, registrars and deputy registrars (1) In section 17(2) of the Magistrates' Court Act 1989, after "this Act" insert "and the Fines Reform Act 2014". (2) In section 17(3) of the Magistrates' Court Act 1989, after "this Act" insert "and the Fines Reform Act 2014". 205 See: Act No. 51/1989. Reprint No. 18 as at 7 March 2014 and amending Act Nos 51/1989, 12/2010, 32/2013, 67/2013, 1/2014, 17/2014, 25/2014 and 26/2014. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 271 Part 18—Consequential Amendments to Other Acts and Repeal 271 Warrants In section 57(1)(g) of the Magistrates' Court Act 1989, for "infringement warrant" substitute "enforcement warrant". 272 Recall and cancellation of warrant (1) For section 58(1)(b) of the Magistrates' Court Act 1989 substitute— "(b) if issued by a registrar, the registrar for the time being at the venue of the Court at which it was issued or, except in the case of an enforcement warrant issued under the Fines Reform Act 2014, any other registrar; or". (2) In section 58(2) of the Magistrates' Court Act 1989 omit "or an infringement warrant". 273 Effect of defect or error in certain warrants In section 60(1) and (2) of the Magistrates' Court Act 1989, for "infringement warrant" substitute "enforcement warrant". 274 Heading to Subdivision 2 of Division 6 of Part 4 amended In the heading to Subdivision 2 of Division 6 of Part 4 of the Magistrates' Court Act 1989, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 275 Section 99 substituted For section 99 of the Magistrates' Court Act 1989 substitute— "99 Infringement offence enforcement procedure under the Fines Reform Act 2014 The procedure set out in the Fines Reform Act 2014 may be used instead of commencing a proceeding against a person 206 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal for an offence for which an infringement notice within the meaning of the Infringements Act 2006 could be issued or served in respect of an offence under an Act or other instrument which establishes the offence.". 276 Certain agencies may give information for enforcement purposes (1) In section 99A(3) of the Magistrates' Court Act 1989, for "infringements registrar" substitute "registrar". (2) In section 99A(3) of the Magistrates' Court Act 1989, for "Infringements Court" substitute "Court under the Fines Reform Act 2014". (3) In section 99A(4) of the Magistrates' Court Act 1989, for "infringements registrar" substitute "registrar". (4) In section 99A(4) of the Magistrates' Court Act 1989, for "Infringements Court" substitute "Court under the Fines Reform Act 2014". 277 Ministers may enter into administrative services agreements In section 124B(1)(a) of the Magistrates' Court Act 1989, for "Infringements Court" substitute "Court under the Fines Reform Act 2014". 278 Subject matter of agreement In section 124C(n) of the Magistrates' Court Act 1989, after "the regulations," insert "the Fines Reform Act 2014 or any regulations under that Act,". 207 s. 276 Fines Reform Act 2014 No. 47 of 2014 s. 279 Part 18—Consequential Amendments to Other Acts and Repeal 279 Unauthorised access to or interference with data In section 124I(3)(b)(i) of the Magistrates' Court Act 1989, for "at the Infringements Court" substitute "of the Court for the purposes of the Fines Reform Act 2014". 280 Contempt of court In section 134(5)(ab) of the Magistrates' Court Act 1989— (a) for "Part 9 of the Infringements Act 2006" substitute "Part 6 of the Fines Reform Act 2014"; (b) for "an infringements registrar" substitute "a registrar". 281 Regulations In section 140(1)(b) of the Magistrates' Court Act 1989, for "as infringements registrar" substitute "under the Fines Reform Act 2014". Division 14—Marine (Drug, Alcohol and Pollution Control) Act 1988 282 Extension of time to object if no actual notice See: Act No. 52/1988. Reprint No. 9 as at 30 September 2013 and amending Act Nos 70/2013 and 73/2013. LawToday: www. legislation. vic.gov.au In section 61B(3)(b) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 208 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 283 283 Section 61C amended (1) In the heading to section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Infringements Act 2006" substitute "Fines Reform Act 2014". (2) In section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Infringements Act 2006" substitute "Fines Reform Act 2014". Division 15—Melbourne City Link Act 1995 284 Section 86 of the Melbourne City Link Act 1995 amended (1) In the heading to section 86 of the Melbourne City Link Act 1995, after "Infringements Act" insert "2006 or Fines Reform Act 2014". (2) In section 86(1) of the Melbourne City Link Act 1995, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". (3) In section 86(2) of the Melbourne City Link Act 1995— (a) after "2006" insert ", the Fines Reform Act 2014"; (b) omit "(3) or". (4) Section 86(3) of the Melbourne City Link Act 1995 is repealed. 285 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone (1) In section 87A(1) of the Melbourne City Link Act 1995, for "an infringements registrar (within the meaning of the Infringements Act 2006)" substitute "a registrar within the meaning of the Fines Reform Act 2014". 209 See: Act No. 107/1995. Reprint No. 9 as at 1 January 2014 and amending Act No. 22/2013. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 285 Part 18—Consequential Amendments to Other Acts and Repeal (2) In section 87A(3) of the Melbourne City Link Act 1995, for "an infringements registrar within the meaning of the Infringements Act 2006" substitute "a registrar within the meaning of the Fines Reform Act 2014". (3) In section 87A(5) of the Melbourne City Link Act 1995— (a) for paragraph (a) substitute— "(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and (b) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of any thing or the taking of any step in relation to it under the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases 210 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal to have effect at the end of that period; and"; (b) for paragraph (d) substitute— "(d) any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and"; (c) in paragraph (e)— (i) for "Infringements Act 2006" substitute "Fines Reform Act 2014"; (ii) for "enforcement order made, or warrant issued" substitute "notice of final demand served or enforcement warrant issued". (4) In section 87A(6) of the Melbourne City Link Act 1995— (a) in paragraph (d) omit "or the Secretary (as the case may be)"; 211 s. 285 Fines Reform Act 2014 No. 47 of 2014 s. 285 Part 18—Consequential Amendments to Other Acts and Repeal (b) after paragraph (d) insert— "(da) makes a payment arrangement in accordance with the Fines Reform Act 2014 and the Director receives the first payment under that payment arrangement from the person; or"; (c) in paragraph (e), for "of that Act or section 25(2)" substitute "or (2) or (2A)". (5) In section 87A(7) of the Melbourne City Link Act 1995, for "the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006" substitute "the outstanding amount of an infringement fine is registered with the Director under the Fines Reform Act 2014". (6) After section 87A(9) of the Melbourne City Link Act 1995 insert— "(10) Despite anything to the contrary in this section or the Fines Reform Act 2014, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for enforcement review under section 32 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or (b) applied for a payment arrangement under that Act, until— (i) the person is notified that the person's application for a payment arrangement has been refused; or 212 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal (ii) in the case of a proposed payment arrangement, the payment arrangement does not commence in accordance with section 47 of that Act; or (iii) in the case of a payment arrangement that has commenced— (A) the payment arrangement is cancelled under section 49(2) of that Act; or (B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of that Act; or (C) the person receives written notice under section 56(2) of that Act advising the person that the person is in default.". 213 s. 285 Fines Reform Act 2014 No. 47 of 2014 s. 286 Part 18—Consequential Amendments to Other Acts and Repeal Division 16—Road Safety Act 1986 286 Definitions See: Act No. 127/1986. Reprint No. 15 as at 20 February 2013 and amending Act Nos 19/1991, 34/2011, 75/2012, 76/2012, 22/2013, 30/2013, 43/2013, 55/2013, 56/2013, 67/2013, 70/2013 and 74/2013. LawToday: www. legislation. vic.gov.au In section 3(1) of the Road Safety Act 1986 insert the following definition— "Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;". 287 Powers of Corporation In section 5AB(1) of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 288 Suspension of motor vehicle or trailer registration For section 9AA(1) of the Road Safety Act 1986 substitute— "(1) Despite section 9(1), if directed by the Director, Fines Victoria under section 89(1)(c)(i) of the Fines Reform Act 2014, the Corporation must suspend any registration of a motor vehicle or trailer in the name of the registered operator of that vehicle or trailer until notified by the Director, Fines Victoria that the sanction has ceased under section 91 of that Act. 214 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal (1A) Despite section 9(1), if directed by the Director, Fines Victoria under section 143(b) of the Fines Reform Act 2014, the Corporation must suspend any registration of a motor vehicle or trailer in the name of the registered operator of that vehicle or trailer until notified by the Director, Fines Victoria that the sanction has ceased under section 147 of that Act.". 289 Cessation of suspension In section 9AB of the Road Safety Act 1986, for "sheriff in accordance with section 113 of the Infringements Act 2006" substitute "Director, Fines Victoria under section 91 or 147 of the Fines Reform Act 2014". 290 Section 9AC substituted For section 9AC of the Road Safety Act 1986 substitute— "9AC Direction not to grant or renew registration (1) Despite section 9(1), if directed by the Director, Fines Victoria under section 89(1)(c)(ii) of the Fines Reform Act 2014, the Corporation must not renew any registration of a motor vehicle or trailer in the name of the registered operator of that vehicle or trailer or transfer to any other person any registration of that motor vehicle or trailer in respect of that registered operator until notified by the Director, Fines Victoria that the sanction has ceased under section 91 of that Act. (2) Despite section 9(1), if directed by the Director, Fines Victoria under section 89(1)(d) of the Fines Reform Act 2014, the Corporation must not grant any registration 215 s. 289 Fines Reform Act 2014 No. 47 of 2014 s. 291 Part 18—Consequential Amendments to Other Acts and Repeal of a motor vehicle or trailer in the name of that person until notified by the Director, Fines Victoria that the sanction has ceased under section 91 of that Act.". 291 Renewal of registration In section 9AD of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 115 of the Infringements Act 2006" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014". 292 Section 9AE substituted For section 9AE of the Road Safety Act 1986 substitute— "9AE Non-transfer of registration (1) Despite section 9(1), if directed by the Director, Fines Victoria under section 89(1)(c)(iii) of the Fines Reform Act 2014, the Corporation must not transfer to any other person any registration of a motor vehicle or trailer if the registered operator of that vehicle or trailer is a person in respect of whom a direction under section 89(1)(c)(iii) of that Act applies until notified by the Director, Fines Victoria that the sanction has ceased under section 91 of that Act. (2) When directed by the Director, Fines Victoria under section 89(1)(c)(iii) of the Fines Reform Act 2014, the Corporation must send to the registered operator of the motor vehicle or trailer in respect of whom the direction applies a notice advising that no transfer of registration will occur in relation to that vehicle or trailer until one of the matters referred to in section 92 of that Act occurs, because of a direction of the 216 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal Director, Fines Victoria under section 89 of that Act.". 293 Transfer of registration In section 9AF of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 115 or 117 of the Infringements Act 2006 as the case requires" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014". 294 New section 9AG inserted After section 9AF of the Road Safety Act 1986 insert— "9AG Cancellation of registration (1) Despite section 9(1), if directed by the Director, Fines Victoria under section 94 of the Fines Reform Act 2014, the Corporation must send a notice to the registered operator of the motor vehicle or trailer informing it that unless, within 14 days (or a longer prescribed period), the registered operator provides evidence to the satisfaction of the Corporation that it is not a deregistered body corporate. (2) If within 14 days (or the prescribed period under subsection (1), as the case may be) after the notice is sent under subsection (1) the registered operator— (a) does not provide evidence to the satisfaction of the Corporation that it is not a deregistered body corporate, the Corporation must cancel the registration of the motor vehicle or trailer the subject of the notice; or 217 s. 293 Fines Reform Act 2014 No. 47 of 2014 s. 295 Part 18—Consequential Amendments to Other Acts and Repeal (b) provides evidence to the satisfaction of the Corporation that it is not a deregistered body corporate, the Corporation must— (i) not cancel the registration of the motor vehicle or trailer the subject of the notice; and (ii) inform the Director, Fines Victoria that the registration will not be cancelled. (3) If the registration of a motor vehicle or trailer is cancelled under subsection (2), the vehicle is unregistered for the purposes of this Part. (4) Despite subsection (3) it is not an offence against this Act to leave a vehicle whose registration has been cancelled under this section standing on a highway. (5) In this section, deregistered body corporate has the same meaning as it has in the Fines Reform Act 2014.". 295 Appeal to Magistrates' Court In section 12(1)(c) of the Road Safety Act 1986, for "Part 8 of the Infringements Act 2006" substitute "Part 8 of the Fines Reform Act 2014". 296 Section 19A substituted For section 19A of the Road Safety Act 1986 substitute— "19A Direction not to grant or renew licence Despite section 19(4), if directed by the Director, Fines Victoria under section 89(1)(b) of the Fines Reform Act 2014, the Corporation must not grant or renew a driver 218 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal licence or permit of a person in respect of whom that direction applies until notified by the Director, Fines Victoria that the sanction has ceased under section 92 of that Act.". 297 Renewal of licence or permit In section 19B of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 115 of the Infringements Act 2006" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014.". 298 Cancellation, suspension or variation of licences and permits by Corporation (1) For section 24(1A) of the Road Safety Act 1986 substitute— "(1A) If directed to do so by the Director, Fines Victoria under section 89(1)(a) of the Fines Reform Act 2014, the Corporation must suspend a driver licence or permit of a person in respect of whom the direction applies until the Director, Fines Victoria notifies the Corporation that the sanction has ceased under section 91 of that Act.". (2) In section 24(1B) of the Road Safety Act 1986, for "notification from the sheriff in accordance with section 111 of the Infringements Act 2006" substitute "a relevant notification from the Director, Fines Victoria under section 91 of the Fines Reform Act 2014". 299 Section 30AA of the Road Safety Act 1986 amended (1) In the heading to section 30AA of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 219 s. 297 Fines Reform Act 2014 No. 47 of 2014 s. 300 Part 18—Consequential Amendments to Other Acts and Repeal (2) In section 30AA of the Road Safety Act 1986, for "Part 8 of the Infringements Act 2006" substitute "Part 8 of the Fines Reform Act 2014". 300 Extension of time if no actual notice for certain traffic infringements (1) In section 67(1) of the Road Safety Act 1986, for "infringements registrar (within the meaning of the Infringements Act 2006)" substitute "registrar (within the meaning of the Fines Reform Act 2014)". (2) In section 67(3) of the Road Safety Act 1986, for "infringements registrar within the meaning of the Infringements Act 2006" substitute "registrar within the meaning of the Fines Reform Act 2014". (3) In section 67(5) of the Road Safety Act 1986— (a) for paragraph (a) substitute— "(a) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and (ab) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 220 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal 88(3), despite the doing of any thing or the taking of any step in relation to it under the Infringements Act 2006 or the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and"; (b) for paragraph (e) substitute— "(e) any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and"; (c) for paragraph (g) substitute— "(g) any of the procedures set out in Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that 221 s. 300 Fines Reform Act 2014 No. 47 of 2014 s. 300 Part 18—Consequential Amendments to Other Acts and Repeal Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and (ga) any of the procedures set out in the Infringements Act 2006 or the Fines Reform Act 2014 that are being used for the enforcement of the infringement penalty or infringement fine must be discontinued and any notice of final demand served or enforcement warrant issued ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and". (4) In section 67(6) of the Road Safety Act 1986— (a) in paragraph (c), after "Infringements Act 2006" insert "or the Fines Reform Act 2014"; (b) in paragraph (d) omit "or the Secretary (as the case may be)"; (c) after paragraph (d) insert— "(da) makes a payment arrangement under the Fines Reform Act 2014 and the Director receives the first payment under that payment arrangement from the person; or"; (d) in paragraph (e), for "of that Act or section 25(2)" substitute "or (2) or (2A)". (5) In section 67(7) of the Road Safety Act 1986, for "the infringement penalty has been lodged with an infringements registrar under Part 4 of the Infringements Act 2006" substitute "the outstanding amount of an infringement fine 222 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal has been registered with the Director under the Fines Reform Act 2014". (6) After section 67(9) of the Road Safety Act 1986 insert— "(10) Despite anything to the contrary in this section or the Fines Reform Act 2014, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for enforcement review under section 32 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or (b) applied for a payment arrangement under that Act, until— (i) the person is notified that the person's application for a payment arrangement has been refused; or (ii) in the case of a proposed payment arrangement, the payment arrangement does not commence in accordance with section 47 of that Act; or (iii) in the case of a payment arrangement that has commenced— (A) the payment arrangement is cancelled under section 49(2) of that Act; or (B) the infringement fine in respect of that infringement notice is removed from the 223 s. 300 Fines Reform Act 2014 No. 47 of 2014 s. 301 Part 18—Consequential Amendments to Other Acts and Repeal payment arrangement under section 48 of that Act; or (C) the person receives written notice under section 56(2) of that Act advising the person that the person is in default.". 301 Traffic infringements For section 88(3AA)(a) of the Road Safety Act 1986 substitute— "(a) where the outstanding amount of an infringement penalty in respect of an infringement offence is registered with the Director under the Fines Reform Act 2014; or". 302 Extension of time to object if no actual notice (1) In section 89B(1) and (1B) of the Road Safety Act 1986, for "an infringements registrar within the meaning of the Infringements Act 2006" substitute "a registrar within the meaning of the Fines Reform Act 2014". (2) In section 89B(3)(d) of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 303 Extension of time to lodge statement under section 84BE (1) In section 89BA(1) and (3) of the Road Safety Act 1986, for "an infringements registrar within the meaning of the Infringements Act 2006" substitute "a registrar within the meaning of the Fines Reform Act 2014". (2) In section 89BA(5)(e) of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 224 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 304 304 Section 89E amended (1) In the heading to section 89E of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". (2) In section 89E of the Road Safety Act 1986, for "Infringements Act 2006" substitute "Fines Reform Act 2014". Division 17—Sentencing Act 1991 305 Imprisonment (1) In section 16(2A) of the Sentencing Act 1991, for "Division 2 of Part 12 of the Infringements Act 2006" substitute "Part 14 of the Fines Reform Act 2014". (2) In section 16A(1) of the Sentencing Act 1991, after "section 69" insert "or any enforcement warrant issued against the person under the Fines Reform Act 2014 in respect of a registered court fine within the meaning of that Act,". 306 Application to Magistrates' Court for fine conversion order and powers of court Section 66 of the Sentencing Act 1991 is repealed. 307 Issue of warrant to arrest person in default Section 69(5) of the Sentencing Act 1991 is repealed. 308 When may warrant be executed? Section 69C(4) of the Sentencing Act 1991 is repealed. 225 See: Act No. 49/1991. Reprint No. 15 as at 30 September 2013 and amending Act Nos 32/2013, 46/2013, 70/2013, 77/2013, 7/2014, 15/2014, 17/2014 and 26/2014. LawToday: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 309 Part 18—Consequential Amendments to Other Acts and Repeal 309 New sections 69FA and 69FB inserted After section 69F of the Sentencing Act 1991 insert— "69FA Orders of court in relation to fine defaulter on arrest—Fines Reform Act 2014 Subject to section 69FB, the court which sentenced a natural person, may make an order under section 69G or 69H as applicable, in relation to the person if— (a) the person— (i) is a fine defaulter within the meaning of the Fines Reform Act 2014; and (ii) was arrested on an enforcement warrant issued under the Fines Reform Act 2014 in respect of a fine imposed by the court; and (b) the court is satisfied by— (i) evidence on oath or by affidavit; or (ii) by the admission of the offender; or (iii) from an examination of the records of the court or of a certificate purporting to contain an extract of those records and purporting to be signed by the officer of the court with the custody of those records— that the fine imposed on the offender by the court was registered for enforcement under section 15 of the Fines Reform Act 2014. 226 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal 69FB Order of court in absence of fine defaulter—Fines Reform Act 2014 (1) If a person who was arrested on an enforcement warrant issued under the Fines Reform Act 2014 and released on bail (either in accordance with the endorsement on the enforcement warrant or under section 10 of the Bail Act 1977) fails to attend before the court in accordance with that bail, the court may proceed to hear and determine the matter under section 69FA in the offender's absence and make any order under section 69G or 69H, as applicable, without prejudice to any right of action arising out of the breach of the bail undertaking. (2) If an enforcement warrant endorsed with a power of arrest that was issued under the Fines Reform Act 2014 against the offender has not been executed within a reasonable period after it was issued or no enforcement warrant was issued against an offender under the Fines Reform Act 2014, the court may proceed to hear and determine the matter under section 69FA in the offender's absence and make any order under section 69G or 69H, as applicable, if it is satisfied that the warrant has not been executed or was not issued only because the offender is not in Victoria.". 310 Order of court if material change in circumstances of offender In section 69G(1) of the Sentencing Act 1991, after "69E" insert "or 69FA". 227 s. 310 Fines Reform Act 2014 No. 47 of 2014 s. 311 Part 18—Consequential Amendments to Other Acts and Repeal 311 Other orders of court In section 69H(1) of the Sentencing Act 1991, after "69E" insert "or 69FA". 312 Application to infringement enforcement procedure In section 69ZG of the Sentencing Act 1991, for "Infringements Act 2006" substitute "Fines Reform Act 2014". Division 18—Surveillance Devices Act 1999 313 Prohibition on communication or publication of private conversations or activities See: Act No. 21/1999. Reprint No. 2 as at 27 May 2010 and amending Act Nos 72/2011, 13/2012, 82/2012, 13/2013, 15/2013, 32/2013 and 17/2014. LawToday: www. legislation. vic.gov.au In section 11(2)(d)(iii) of the Surveillance Devices Act 1999, after "2006" insert "or the Fines Reform Act 2014". 228 Fines Reform Act 2014 No. 47 of 2014 Part 18—Consequential Amendments to Other Acts and Repeal s. 314 Division 19—Sustainable Forests (Timber) Act 2004 314 Retention and return or forfeiture of certain seized items For section 89A(4)(b) of the Sustainable Forests (Timber) Act 2004 substitute— "(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or". See: Act No. 48/2004. Reprint No. 2 as at 14 March 2014 and amending Act No. 42/2013. LawToday: www. legislation. vic.gov.au Division 20—Transport (Safety Schemes Compliance and Enforcement) Act 2014 315 Extension of time to object if no actual notice In section 96(3)(b) of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "Infringements Act 2006" insert "or the Fines Reform Act 2014.". 316 Section 97 amended (1) In the heading to section 97 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "Infringements Act 2006" insert "or Fines Reform Act 2014". (2) In section 97 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". __________________ 229 See: Act No. 27/2014. StatuteBook: www. legislation. vic.gov.au Fines Reform Act 2014 No. 47 of 2014 s. 317 Part 19—Sheriff Act 2009 and Repeal of Amending Parts PART 19—SHERIFF ACT 2009 AND REPEAL OF AMENDING PARTS Division 1—Sheriff Act 2009 317 Definitions See: Act No. 9/2009 and amending Act Nos 87/2009, 65/2011, 30/2013, 32/2013 and 70/2013. LawToday: www. legislation. vic.gov.au In section 3 of the Sheriff Act 2009— (a) in the definition of court and enforcement legislation, after paragraph (e) insert— "(ea) the Fines Reform Act 2014;"; (b) in paragraph (d) of the definition of criminal warrant, for "infringement" substitute "enforcement"; (c) in paragraph (b) of the definition of money warrant, for "infringement" substitute "enforcement"; (d) in paragraph (b) of the definition of seven day demand, for "within the meaning of the Infringements Act 2006" substitute "issued under the Fines Reform Act 2014"; (e) insert the following definitions— "enforcement warrant has the same meaning as it has in the Fines Reform Act 2014; notice of final demand has the same meaning as it has in the Fines Reform Act 2014;"; (f) the definitions of enforcement order, enforcement order notice and infringement warrant are repealed. 230 Fines Reform Act 2014 No. 47 of 2014 Part 19—Sheriff Act 2009 and Repeal of Amending Parts 318 Requirements in relation to entry to premises to execute civil warrants (1) In section 22(1) of the Sheriff Act 2009, for "This" substitute "Subject to section 22A, this". (2) In section 22(5) of the Sheriff Act 2009, for "9 a.m. and 5 p.m." substitute "7 a.m. and 9.30 p.m.". 319 New section 22A inserted After section 22 of the Sheriff Act 2009 insert— "22A Entry to premises to execute multiple money warrants (1) Subject to subsection (2), if the sheriff has a money warrant that is a criminal warrant to execute against a person, the sheriff may also execute against the person any money warrant that is a civil warrant that is in possession of the sheriff. (2) Despite section 22(5), if the sheriff uses force and assistance to enter under subsection (1) premises that are residential premises before 7 a.m. or after 9.30 p.m., the sheriff, after entering the premises, may execute against the person any money warrant that is a civil warrant that is in possession of the sheriff.". 320 Section 26 amended (1) In the heading to section 26 of the Sheriff Act 2009 for "enforcement order payments" substitute "payments under notices of final demand". 231 s. 318 Fines Reform Act 2014 No. 47 of 2014 s. 321 Part 19—Sheriff Act 2009 and Repeal of Amending Parts (2) For section 26(1)(b) of the Sheriff Act 2009 substitute— "(b) a notice of final demand has been served on the person.". (3) In section 26(2) of the Sheriff Act 2009 for "enforcement order" substitute "notice of final demand". 321 Sheriff may demand and receive payment in relation to money warrants (1) In section 27(3)(a) of the Sheriff Act 2009 for "infringement" substitute "enforcement". (2) In section 27(5) of the Sheriff Act 2009 omit "that is a criminal warrant". (3) Section 27(6) of the Sheriff Act 2009 is repealed. (4) In section 27(9)(b) of the Sheriff Act 2009 omit ", in the case of a money warrant that is a criminal warrant,". 322 Section 28 amended (1) In the heading to section 28 of the Sheriff Act 2009, after "whole" insert "or part". (2) In section 28(1) of the Sheriff Act 2009— (a) insert the following definitions— "applicable money warrant means an executed money warrant or a partly executed money warrant; partly executed money warrant means a money warrant that is an enforcement warrant or a civil warrant in respect of which the sheriff has received part of the payable amount from a third party in the absence of the person named or described in the warrant;"; 232 Fines Reform Act 2014 No. 47 of 2014 Part 19—Sheriff Act 2009 and Repeal of Amending Parts (b) in the definition of executed money warrant omit "that is a criminal warrant". (3) In section 28(2) of the Sheriff Act 2009, for "executed" (where twice occurring) substitute "applicable". (4) In section 28(4) of the Sheriff Act 2009— (a) for "executed" substitute "applicable"; (b) in paragraph (b) for "account." substitute "account; or"; (c) after paragraph (b) insert— "(c) if the amount has been held under section 33(3A), the amount is to be returned to the third party.". (5) In section 28(5) of the Sheriff Act 2009, for "executed" substitute "applicable". 323 Sheriff may recover reasonable costs and expenses of execution After section 32(3) of the Sheriff Act 2009 insert— "(4) Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not recover costs and expenses referred to in subsection (1) until 28 days after the payment is received by the sheriff.". 324 Sheriff's duties on receipt of money to satisfy debt or on seizing property (1) In section 33(2)(b)(i) of the Sheriff Act 2009 for "an enforcement order" substitute "a notice of final demand". 233 s. 323 Fines Reform Act 2014 No. 47 of 2014 s. 325 Part 19—Sheriff Act 2009 and Repeal of Amending Parts (2) After section 33(3) of the Sheriff Act 2009 insert— "(3A) Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not apply the payment to the discharge of the debt owed by the person named or described in the money warrant until 28 days after the payment is received by the sheriff.". (3) In section 33(4) of the Sheriff Act 2009 for "against whom the enforcement order was made" substitute "to whom the notice of final demand was issued". 325 Section 38 amended (1) In the heading to section 38 of the Sheriff Act 2009 for "infringement" substitute "enforcement". (2) In section 38(1) and (2)(b) of the Sheriff Act 2009 for "infringement" substitute "enforcement". (3) In the Note at the foot of section 38 of the Sheriff Act 2009 for "Division 2 of Part 12 of the Infringements Act 2006" substitute "Part 14 of the Fines Reform Act 2014". 326 Section 40 amended (1) In the heading to section 40 of the Sheriff Act 2009 for "infringement" substitute "enforcement". (2) In section 40(1)(c) and (2)(b) of the Sheriff Act 2009 for "infringement" substitute "enforcement". 234 Fines Reform Act 2014 No. 47 of 2014 Part 19—Sheriff Act 2009 and Repeal of Amending Parts 327 Section 41 amended (1) In the heading to section 41 of the Sheriff Act 2009, for "Part 7 or Part 11 of the Infringements Act 2006" substitute "Part 9 or Part 11 of the Fines Reform Act 2014". (2) In section 41 of the Sheriff Act 2009 for "Part 7 or Part 11 of the Infringements Act 2006" substitute "Part 9 or Part 11 of the Fines Reform Act 2014". 328 Information collection (1) In section 52 of the Sheriff Act 2009— (a) insert the following definitions— "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; identification information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth; relevant information, in relation to a person named in a warrant, means any identification information included in the person's credit information;"; (b) for the definition of required information substitute— "required information, in relation to a person— (a) in respect of whom a notice of final demand has been served; or 235 s. 327 Fines Reform Act 2014 No. 47 of 2014 s. 329 Part 19—Sheriff Act 2009 and Repeal of Amending Parts (b) in respect of whom a warrant has been received and is to be executed by the sheriff; or (c) whose property is the subject of a warrant received and to be executed by the sheriff— means the name, date of birth and last known address of the person that is held by a specified agency;"; (c) for paragraph (b) of the definition of specified agency substitute— "(b) a Council; or (c) a prescribed organisation.". (2) Section 53(4) and (5) of the Sheriff Act 2009 are repealed. 329 New section 55A inserted After section 55 of the Sheriff Act 2009 insert— "55A Access to and use of information held by credit reporting bodies On the written request of the sheriff, a credit reporting body is authorised to disclose to the sheriff relevant information about a person named in a warrant for the purpose of executing a warrant against the person to whom the relevant information relates.". 330 Regulations After section 56(1) of the Sheriff Act 2009 insert— "(1A) Regulations made under this Act may provide for the waiver or refund of a fee or charge fixed under subsection (1)(a), and the waiver or refund— 236 Fines Reform Act 2014 No. 47 of 2014 Part 19—Sheriff Act 2009 and Repeal of Amending Parts (a) may be expressed to apply either generally or specifically— (i) in respect of certain matters or classes of matters; and (ii) in respect of certain persons or classes of persons; and (b) may be subject to specified conditions.". Division 2—Repeal of amending Parts 331 Repeal of amending Parts This Part and Part 18 are repealed on 30 June 2017. Note The repeal of this Part and Part 18 does not affect the continuing operation of the amendments made by those Parts (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ 237 s. 331 Fines Reform Act 2014 No. 47 of 2014 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 May 2014 Legislative Council: 12 June 2014 The long title for the Bill for this Act was "A Bill for an Act to provide for the appointment of the Director, Fines Victoria, to provide for the collection and enforcement of infringement fines and court fines, to make amendments to the Infringements Act 2006 and the Sheriff Act 2009, to consequentially amend other Acts and for other purposes." 238
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