Fines Reform Act 2014 (Vic)

Version No. 032

Fines Reform Act 2014

No. 47 of 2014

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AObjectives

Part 2—Director, Fines Victoria

4Director, Fines Victoria

5Functions and powers of the Director

6Powers of the Director

7Staff

8Delegation

9Powers to waive or reduce costs or fees

10Director has standing to appear or be represented at certain hearings

Part 2A—Work and development permits

10AWork and development permits

10BApplication for work and development permit

10CApproval of work and development permit

10DEffect of work and development permit

10EVariation or cancellation of work and development permit

10FInfringement fine may be waived in limited circumstances

10FAWork and development permit may extend period for commencing proceeding for offence

10GAccredited agencies

10HAccredited health practitioners

10IMonitoring of accredited agencies and accredited health practitioners

10JRecord-keeping by accredited agencies and accredited health practitioners

10KAccreditation may be cancelled or surrendered

10LWork and development permit guidelines

Part 2B—Family violence scheme

Division 1—Family violence scheme applications

10MFVS application

10NForm of FVS application

10OFVS application to be made before certain events

10PAdditional eligible infringement offence during FVS application

10QRequest for additional information

10RVerification of information supplied in FVS application

10SSuspension of enforcement action for infringement offence the subject of FVS application

Division 2—Determination of FVS application

10TDetermination of FVS eligible person

Division 3—FVS eligible persons

10UCancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person

10VSuspension of enforcement of operator onus offence in relation to FVS eligible person

Division 4—FVS ineligible persons

10WFVS applicant ineligible for family violence scheme

Division 5—Referral of infringement offence to enforcement agency

10XDirector may refer infringement offence in FVS application to enforcement agency

10YEnforcement agency may prosecute or withdraw infringement notice

Division 6—Review of family violence scheme

10ZReview of FVS

Part 3—Management for collection and enforcement of fines by Director

Division 1—Application of Part

11Part does not apply to children

Division 2—Referral for collection and registration of court fines

12Division does not derogate from Sentencing Act 1991

13Referral for collection of court fine by Director

14Court fine collection statement

15Registration of court fine for enforcement

Division 2A—Referral of enforcement hearing orders, registration of collection and enforcement orders

15ADivision does not derogate from Sentencing Act 1991

15BReferral of enforcement hearing orders to Director for collection

15CEnforcement hearing order statement

15DReferral of collection order by Director to court on default

15ERegistration of collection and enforcement order

Division 3—Registration of infringement fines for enforcement

16Registration of infringement fine with Director

17Extended period for registration

18Extension of period for commencing prosecution for summary offences

19Reliance on material registered

20Director may decide that enforcement of infringement offence under this Act is not appropriate

21Enforcement agency may prosecute or withdraw infringement notice

21ANotice to Director on enforcement agency filing a charge‑sheet

Division 4—Notices of final demand

22Enforcement agency may request notice of final demand not be served

23Notice of final demand

24Content of notice of final demand

25Effect of notice of final demand in case of registered infringement fine

Division 5—Fines of bodies corporate

26Registered fine of body corporate is recoverable as debt

27Options for enforcement of body corporate fine

28Enforcement warrant must not be issued if proceeding to recover registered fine as debt commenced

29Declared director

30Director of body corporate may challenge being declared director

Part 4—Enforcement review

31Application of Part

32Application for enforcement review

32AMore time to obtain evidence in certain circumstances

33Limit on applications for enforcement review

34Request for additional information

35Enforcement review

36Conduct of enforcement actions during enforcement review

37Outcome of enforcement review

38Enforcement agency must withdraw infringement notice if Director serves enforcement cancellation

38ANotice to Director on filing charge-sheet following enforcement cancellation

39Extended period for commencing proceeding for offence

40Time to pay or enter payment arrangement if infringement confirmation served

41Other powers of review not affected

Part 5—Payment arrangements

42Person may apply for payment arrangement

43Referral of infringement fine for payment arrangement

44Refusal of application for payment arrangement

45Offering proposed payment arrangements

46Content of payment arrangement

47Commencement of payment arrangements

48Payment arrangements—removals

49Cancellation by request of person to whom payment arrangement applies

50Variation of payment arrangement

51Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made

52Director's power to make payment arrangements

53Allocation of money received under payment arrangement

54Provision of current contact details

55Payment arrangement may extend period for commencing a proceeding for offence

56Default on a payment arrangement results in other enforcement action

57Enforcement action on default, cancellation or removal if payment is not complete

58Payment arrangement has same effect as a full payment—demerit point schemes

Part 6—Oral examination and production of information

59Director may direct production of information

60Offence not to comply with production of information direction

61Use of information obtained by production of information direction

62Director may apply for a summons for oral examination and production of information

63Summons for oral examination and production of information

64What happens if person does not attend oral examination?

Part 7—Attachment of earnings directions and attachment of debts directions

Division 1—Attachment of earnings direction

65When can an attachment of earnings direction be made?

66Notice of direction to be served on fine defaulter and employer

67Director may request information

68Protected level of income

69Employer obligations in respect of an attachment of earnings direction

70Variation, cancellation or suspension of attachment of earnings direction

71Cessation of attachment of earnings direction

72Compliance with an attachment of earnings direction

73Employee not to be prejudiced because of attachment of earnings direction

74Determining the earnings of an employee for the purposes of this Division

75Two or more employers of one fine defaulter

76Allocation of money under attachment of earnings direction

77Enforcement action suspended if attachment of earnings direction made

Division 2—Attachment of debts direction

78When can an attachment of debts direction be made?

79ADI account

80Service and effect of attachment of debts direction

81Dispute of liability by garnishee

82Obligations of ADI or co-operative receiving or holding payments of garnishee on behalf of fine defaulter

83Obligations of fine defaulter

84Variation, cancellation or suspension of attachment of debts direction

85Compliance with an attachment of debts direction

86Allocation of money under attachment of debts direction

87Enforcement action suspended if attachment of debts direction made

Part 8—Driver and vehicle sanctions

88Application

89Sanctions that may be imposed on a fine defaulter

90Effect of further amounts being added to amounts outstanding

91Cessation of driver and vehicle sanction

92Cessation of driver and vehicle sanction does not affect any other suspension

93Avoidance of certain provisions in contracts of insurance

94Cancellation of registration of vehicle registered in name of deregistered body corporate

94AVehicle in name of business

Part 9—Charges over land and sale of real property

95Director may serve notice of intention to charge land

95AFine defaulter must not dispose of land after service of notice of intention to charge land

96Power of Director to apply for land charge to be recorded

97Land becomes subject to charge

98Removal of land charge

99Powers of Registrar of Titles

100Owner to be notified of land charge or removal of land charge

101Notice of intention to sell charged land

102Power of sale

103Sale to be treated as sale by mortgagee

104Access to property and information about land

105Application of proceeds of sale

Part 10—Enforcement warrants

106Issue of enforcement warrant

107Fees to be included in enforcement warrant

108Recall and cancellation of enforcement warrant

109What does an enforcement warrant authorise?

110Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit

111Execution of enforcement warrant—contravention of community work permit

112Execution of enforcement warrant against imprisoned person

113Bail Act 1977 applies to person arrested

114Prescribed form of enforcement warrant

115Persons to whom enforcement warrant may be directed

116Unexecuted enforcement warrants

117Consolidation of enforcement warrants in execution copy

118Notice of seizure of property

119Warning of execution of enforcement warrant—seven-day notice

120What can be done during period of the seven-day notice?

121Executing enforcement warrant after expiry of seven‑day notice

122Reduction of imprisonment by payment of portion of registered fine or registered collection and enforcement order

123Rules etc. with respect to execution of enforcement warrant

124How long does an enforcement warrant remain in force?

125Stay of enforcement warrant

Part 11—Detention, immobilisation and sale of motor vehicles

126Application of Part

127Detention or immobilisation of motor vehicles

128Powers to detain, immobilise and seize

129Powers to tow

130Notice to be provided on detention or immobilisation

131Recovery of motor vehicle by registered operator within prescribed period

132Vehicle seizure and sale

133Recovery of motor vehicle or item by third party before sale

134Sheriff may return motor vehicle or items of low monetary value

135Application of proceeds of sale

136Section 42 of the Supreme Court Act 1986 does not apply

137Buyer acquires good title

138Offence to tamper with or remove means used to immobilise motor vehicle

Part 12—Removal of number plates

139Application of Part

140Power to remove number plates

141Notice to be provided on removal of number plates

142Director must notify Transport Secretary of removal of number plates

143Transport Secretary must immediately suspend registration of motor vehicle

144Number plates to be kept in safe custody

145Return of number plates to registered operator in specified circumstances

146Sheriff or police officer may reaffix number plates

147Notification to Director of returned number plates

148Cessation of suspension of registration sanction under this Part does not affect any other suspension

149Avoidance of certain provisions in contracts of insurance

Part 13—Infringement offender community work permits

150When a community work permit may be issued

151Community work permit

152Conditions of community work permits

153Direction of Secretary—reporting of infringement offender

154Cancellation of community work permit on failure to report

155Cumulative periods of work under community work permits and orders under the Sentencing Act 1991

156Community work

157Secretary may direct infringement offender to report at another place

158Suspension of community work permit

159Variation or cancellation of community work permit

160Contravention of community work permit

161Part payment of registered infringement fines to reduce community work

162Hours worked reduces registered infringement fines

Part 14—Registered infringement fines, registered court fines, registered collection and enforcement orders, imprisonment and time served orders

Division 1—Person in default and imprisonment

163Definitions

164Person in default to be brought before the Magistrates' Court

165Powers of the Magistrates' Court

165AAdditional powers of the Magistrates' Court

165BTerm of imprisonment

166Variation of instalment order

167Application for rehearing in certain circumstances

168Determination of rehearing

169Application for bail pending rehearing

170Order to imprison person in default stayed

171Reduction of imprisonment by payment of part of relevant infringement fine

Division 1A—Request by person to Director for waiver or to make application to Court

171AAApplication of Division

171ABRequest to Director for waiver or to make application for time served order

171ACAppropriate action—application to the relevant court by Director

171ADDirector must waive payment of relevant infringement fines or relevant court fines if section 171AC does not apply

171AEEffect of waiving payment of outstanding amount of relevant infringement fine

Division 2—Time served orders in respect of relevant infringement fines and relevant court fines

171AFDefinitions

171AApplication of the Director on behalf of person

171BTime served orders

171COrders of relevant court for any relevant infringement fine, relevant court fine or any remaining amount

171DAdditional powers of the relevant court

171ETerm of imprisonment including whether cumulative or concurrent

171FContact details of person

171GVariation of instalment order

171HApplication for rehearing in certain circumstances

171IDetermination of rehearing

171JApplication for bail pending rehearing

171KPerson in custody

171LWaiver of additional fees and costs

Division 3—Enforcement and payment reports

172Enforcement and payment report

173Distribution of enforcement and payment report

Part 14A—Administrative services agreements

Division 1—Definitions

173ADefinitions

Division 2—Agreements

173BMinisters may enter into administrative services agreements

173CSubject matter of administrative services agreement

173DRights of access

173ERight of intervention in management

173FAudit rights

173GStatus of documents

173HUnauthorised access to or interference with data

173IConfidentiality

Part 15—General

Division 1—Information collection

174Director or sheriff may request required information from specified agency for purpose of enforcing registered fines

175Specified agency must comply unless certain cases apply

176Restriction on Director and sheriff in relation to use of required information

177Access to and use of information held by credit reporting bodies

178Certain agencies may give information for enforcement purposes

Division 2—Service

179Service of documents

180Substituted service

181Service deemed despite document being returned to sender

Division 3—Other matters

182Police may assist sheriff

183Police may exercise certain powers of the sheriff

184Offence to give false information

184AMinor defects or errors in a notice

Division 4—Regulations

185Regulations

Part 16—Transitional provisions

186General transitional provision

186AWork and development permits applied for or approved under Infringements Act 2006

186BVariation or cancellation of work and development permit under Infringements Act 2006

186CAccredited agencies and accredited health practitioners accredited under Infringements Act 2006

186DRecord-keeping under Infringements Act 2006

186EWork and development permit guidelines

187Lodgeable infringement offences

188Infringement penalties lodged under Infringements Act 2006

189Enforcement orders made under Infringements Act 2006

190Enforcement orders with revocation proceedings in progress

190AEnforcement orders after revocation proceedings

191Payment orders under Infringements Act 2006

192Unexecuted infringement warrants issued under Infringements Act 2006

192AUnexecuted infringement warrants and the family violence scheme

193Saving provision for detained, immobilised or seized vehicles under Infringements Act 2006

194Transitional provision for proceeds of vehicles seized and sold

195Attachment of earnings order

196Attachment of debts order

197Suspension of driver licences and vehicle registration

198Community work permits

199Imprisonment

200Transitional provision for pre‑commencement court fines

201Superseded references

201ARequest and application made under section 161A of the Infringements Act 2006

201BAdministrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989

201CTransitional provision—Youth Justice Act 2024

Part 17—Amendment of Infringements Act 2006

Division 1—Amendment of preliminary provisions

203Amendment of purposes

204Definitions

206Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009

207Infringement offences to which this Act applies

Division 2—Infringement notices

208Service of infringement notice

209Payment to be within time specified

210Late payment

211Person may elect to have matter heard in Court or Children's Court

212Enforcement agency can refer matter to Court or Children's Court

213Withdrawal of infringement notice

Division 3—Internal reviews

215Application for internal review

217What can an enforcement agency decide on review?

219Penalty reminder notices

225Heading to Division 7 of Part 2 amended

226Decision to go to Court—lodgeable infringement offences

227Going to Court—indictable offences

228Avoiding service

Division 4—Payment plans

229Establishment of the central payment plan facility

230Payment plans available in certain circumstances

231Payment plans

232Section 48 substituted

233Payment plans—additions, removals and cancellations

234New sections 49A and 49B inserted

235Allocation of money received under payment plan

236Provision of current contact details

237Section 52 substituted and new section 52A inserted

238Section 53 amended

239Guidelines

239AOversight and monitoring by Secretary

239BRecommendations to enforcement agencies

239CReports and recommendations to Attorney-General

Division 5—Repeals and further consequential amendments

240Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed

241Service of documents

242Service deemed despite document being returned to sender

243Sections 164, 165 and 166 repealed

244Regulations—provisions repealed

246Sections 190, 191, 205, 206 and 209A repealed

247New Division 3 inserted into Part 16

Part 18—Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

248Definition

249Requests made to Director before commencement day

250Applications made under section 171A(2)(a) but not determined

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 032

Fines Reform Act 2014

No. 47 of 2014

Version incorporating amendments as at

30 September 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

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

(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.

2Commencement

(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 31 May 2018, it comes into operation on that day.

3Definitions

In this Act—

accredited agency means an organisation accredited under Part 2A to provide a work and development permit under that Part;

Example

A health practice is an example of an organisation that might apply to become an accredited agency.

accredited health practitioner means a person who is a qualified health practitioner accredited under Part 2A to provide a work and development permit under that Part;

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;

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 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;

*                *                *                *                *

child means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over 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;

Note

It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

collection and enforcement order means an order of a court made—

(a)in respect of an outstanding registered infringement fine under—

(i)section 165(1)(b); or

(ii)sections 165(1)(b) and 165A(1)(a); or

(iii)sections 165(1)(b) and 165A(1)(b); or

(iv)section 165(3)(b); or

(v)section 165(3)(c); or

(b)in respect of an outstanding registered court fine under—

(i)section 69G(2)(b) of the Sentencing Act 1991; or

(ii)section 69G(2)(b) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or

(iii)section 69H(2)(ca), (cb) or (d) of the Sentencing Act 1991;

collection fee means the fee prescribed under section 23(3);

collection order means an order of a court made—

(a)in respect of an outstanding registered infringement fine under—

(i)sections 165(1)(c) and 165A(2)(b); or

(ii)sections 165(3)(e) and 165A(2)(b); or

(b)in respect of an outstanding registered court fine under—

(i)section 69G(2)(c) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or

(ii)section 69G(2)(d) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing; or

(iii)section 69H(2)(e) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing;

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 2020;

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;

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 the Transport Secretary 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;

eligible person has the meaning given by section 10AA;

enforcement agency has the same meaning as it has in the Infringements Act 2006;

enforcement and payment report means a report under section 172;

enforcement cancellation means a decision by the Director under section 37(1)(b);

*                *                *                *                *

enforcement hearing order means either or both of the following—

(a)a collection order;

(b)a collection and enforcement order;

enforcement hearing order statement means a statement under section 15C;

enforcement review means a review by the Director under section 35;

enforcement suspension period means the period that the Director suspends enforcement of an operator onus offence under section 10V(3);

enforcement warrant means a warrant issued under Part 10;

enforcement warrant fee means the fee prescribed under section 107;

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;

family violence has the same meaning as it has in section 5 of the Family Violence Protection Act 2008;

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 in respect of whom a notice of final demand has been served, who owes—

(a)an outstanding amount under a registered fine; or

(b)an outstanding amount under a registered collection and enforcement order—

but does not include a person who has applied, in respect of any registered fine, for a payment arrangement or, in the case of a registered infringement fine, for enforcement review, until that application is determined;

fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person because of—

(a)an order under section 165; or

(b)being in default of—

(i)an instalment order; or

(ii)the payment of a fine;

fines application means an application made by a person—

(a)for an FVS application; or

(ab)under section 165CZ(1) of the Public Health and Wellbeing Act 2008; or

(b)for internal review under Division 3 of Part 2 of the Infringements Act 2006; or

(c)for a payment plan under Division 2 of Part 3 of the Infringements Act 2006; or

(d)for a work and development permit; or

(e)for enforcement review; or

(f)for a payment arrangement;

FVS applicant means a natural person who makes an FVS application;

FVS application means an application made under section 10M;

FVS eligible offence means an infringement offence, but does not include any of the following—

(a)a non-registrable infringement offence;

(b)an infringement offence that is a drink‑driving infringement, drug‑driving infringement or an excessive speed infringement within the meaning of the Road SafetyAct 1986;

*                *                *                *                *

(d)an infringement offence against section 61A or 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

(e)an infringement offence prescribed not to be an FVS eligible offence;

FVS eligible person means a natural person who the Director determines is eligible for the family violence scheme under section 10T;

garnishee means a person from whom the Director or a fine defaulter claims that a debt is due or accruing to the fine defaulter;

health practitioner means—

(a)a registered medical practitioner; or

(b)a registered psychologist; or

(c)a nurse;

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 penalty reminder notice 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(3)(c), 165A(1)(b), 165A(2)(b), 171C(4)(c), 171D(1)(b) or 171D(2)(b);

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;

law enforcement agency has the same meaning as in the Surveillance Devices Act 1999;

local law means a local law made under Division 3 of Part 3 of the Local Government Act 2020;

motor vehicle has the same meaning as it has in the Road Safety Act 1986;

non-fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence;

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;

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);

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;

penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;

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 collection and enforcement order means a collection and enforcement order that has been registered with the Director under Division 2A of Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);

registered court fine means a court fine that has been registered with the Director under Part 3 for enforcement and includes any registration fee, collection fee and enforcement warrant fee (if any);

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 collection fee and enforcement warrant fee (if any);

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;

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

registrar means a registrar within the meaning of the Magistrates' Court Act 1989;

registration fee means the fee prescribed under—

(a)section 15(2);

(b)section 16(3);

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

(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, telephone number, email address 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 served order means an order made by the Magistrates' Court under section 171B(1);

time to pay order means—

(a)a time to pay order within the meaning of the Sentencing Act 1991, including a time to pay order being managed by payment arrangement; or

(b)a time to pay order made under section 165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);

traffic infringement has the same meaning as it has in the Road Safety Act 1986;

Transport Secretary means the Secretary to the Department of Transport and Planning;

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);

*                *                *                *                *

Victoria Police has the same meaning as it has in the Victoria Police Act 2013;

work and development permit means a permit referred to in section 10A;

work and development permit guidelines means the guidelines prepared by the Attorney‑General under section 10L.

3AObjectives

The objectives of this Act are—

(a)to provide for the centralised collection and enforcement of infringement fines and court fines by an administrative entity; and

(b)to strengthen enforcement mechanisms to better deter people that would otherwise avoid paying their fines; and

(c)to support vulnerable people with fines; and

(d)to enhance review and oversight processes—

(i)to ensure that the infringements system operates fairly and transparently; and

(ii)to reduce the burden on the courts system.

PART 2—DIRECTOR, FINES VICTORIA

4Director, Fines Victoria

There is to be a Director, Fines Victoria employed under Part 3 of the Public Administration Act 2004.

5Functions 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;

(haa)to waive the payment of any outstanding amount of an infringement fine owed by an eligible person who is, or has been, subject to a work and development permit in accordance with section 10F;

(ha)to manage and monitor the operation of the family violence scheme;

(hb)to determine FVS applications;

(hc)to perform functions under Part 8B of the Public Health and Wellbeing Act 2008;

(i)to accredit organisations and qualified health practitioners for the purposes of the work and development permit scheme;

(j)to monitor the conduct of accredited agencies and accredited health practitioners accredited for the purposes of the work and development permit scheme;

(ja)to waive the payment of outstanding amounts under a relevant infringement fine that a person who is in custody is subject to in accordance with section 171AD;

(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.

6Powers 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.

7Staff

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.

8Delegation

(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, the Infringements Act 2006 or Part 8B of the Public Health and Wellbeing Act 2008 any function or power conferred, or duty imposed, on the Director by or under this Act, the Infringements Act 2006 or Part 8B of the Public Health and Wellbeing Act 2008 other than this power of delegation.

(2)The Director may delegate any powers or functions under Part 5, or under Part 8B of the Public Health and Wellbeing Act 2008, other than this power of delegation to a person or class of persons employed under Part 3 of the Public Administration Act 2004.

(2A)The Director may delegate any powers or functions under Part 8B of the Public Health and Wellbeing Act 2008 other than this power of delegation to a contractor within the meaning of section 173A

(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.

9Powers to waive or reduce costs or fees

(1)The Director may waive or reduce any 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 fees under subsection (1) if the court has imposed those fees.

(4)If the Director reduces costs or fees under subsection (1), the reduced amount must be paid—

(a)within 21 days; or

(b)if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement.

(5)If a person makes a part payment of the reduced fees that is not part of a payment arrangement, or fails to pay reduced fees in accordance with subsection (4), any enforcement action available under this Act or the Infringements Act 2006 may resume from the point that any enforcement action under this Act or the Infringements Act 2006 had reached at the time the reduction was made under subsection (1).

10Director 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).

PART 2A—WORK AND DEVELOPMENT PERMITS

10AA   Meaning of eligible person

(1)In this Part, eligible person means a person—

(a)served with an infringement notice or in respect of whom a collection and enforcement order in relation to an outstanding registered infringement fine has been made and registered under section 15E; and

(b)in respect of whom at least one paragraph in subsection (2) applies.

(2)For the purposes of subsection (1)(b), the following paragraphs are specified—

(a)the person has a mental or intellectual disability, disorder or illness;

(b)the person has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981;

(c)the person is experiencing homelessness in accordance with the prescribed criteria (if any);

(d)the person is experiencing acute financial hardship;

(e)the person is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008.

Note

The work and development permit guidelines made by the Attorney-General under section 10L specify the kind of circumstances that should apply to a person in order to satisfy the Director that the person is an eligible person.

10AWork 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 fine or any outstanding amount under a registered collection and enforcement order made in relation to an outstanding registered infringement fine 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.

10BApplication 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) must not be made if—

(a)the seven-day notice has expired; or

(ab)the eligible person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009; or

(b)an attachment of earnings direction or an attachment of debts direction has been made; or

(c)a land charge has been recorded; or

(d)property has been seized under a vehicle seizure and sale notice; or

(e)an infringement fine has been paid; or

(f)the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005.

(3)An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 10E.

(4)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, infringement fine or registered collection and enforcement order in relation to a registered infringement fine to which the work and development permit will relate; and

(d)the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and

(e)a proposed time for the completion of those activities.

(5)If an application is made under this section, any enforcement action against the eligible person is suspended in respect of the following until the Director makes a decision under section 10C—

(a)any outstanding infringement fines under the work and development permit;

(b)any registered collection and enforcement orders in relation to registered infringement fines under the work and development permit.

10CApproval of work and development permit

The Director may approve an application for a work and development permit made under section 10B if the Director is satisfied that the application is in respect of an eligible person.

10DEffect of work and development permit

(1)If a work and development permit is approved under section 10C, further action under the Infringements Act 2006 or enforcement action under this Act against the eligible person in respect of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine is suspended until—

(a)the eligible person completes the work and development permit; or

(ab)the eligible person partially 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 fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) to which the work and development permit relates is satisfied to the extent set out in the permit.

*                *                *                *                *

(4)If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) owed by the eligible person is reduced to reflect the extent of the partial completion of the permit.

*                *                *                *                *

10EVariation or cancellation of work and development permit

(1)The Director may vary (including by suspension) 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)(a) 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.

(3)The Director may vary a work and development permit under subsection (1) by suspending it for a specified period if—

(a)the person who is subject to the work and development permit is ill; or

(b)other exceptional circumstances exist.

10FInfringement fine may be waived in limited circumstances

(1)Subject to subsection (2), the Director may waive the payment of any outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) owed by an eligible person who is subject to, or has been subject to, a work and development permit.

(2)The Director may waive the payment of any outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) under subsection (1) if—

(a)collection of the outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) is no longer feasible; and

(b)the eligible person has complied with, or has attempted to comply with, a work and development permit.

(3)On the Director waiving payment under subsection (1), the eligible person is taken to have completed the work and development permit for the purposes of section 32(1A)(a)(ii) of the Infringements Act 2006.

(4)If the Director waives the outstanding amount of an infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate) under subsection (1), the Director must notify in writing—

(a)the eligible person; and

(b)the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and

(c)the enforcement agency that issued the infringement notice.

(5)A notice under subsection (4) must specify—

(a)that the Director has waived the outstanding amount of the infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate); and

(b)that the eligible person has expiated the offence.

10FAWork and development permit may extend period for commencing proceeding for offence

(1)If a person is subject to a work and development permit in respect of an infringement fine, the period during which a proceeding must be commenced for the infringement offence to which the infringement fine relates is extended as follows—

(a)if the work and development permit is cancelled and payment in respect of the infringement fine remains outstanding, by 6 months after the work and development permit is cancelled;

(b)if a person who is subject to a work and development permit removes an infringement fine in respect of an infringement offence from the work and development permit, by 6 months after the date on which the person has removed that infringement fine from the work and development permit.

(2)Subsection (1) has effect despite section 7(1) of the Criminal Procedure Act 2009, section 344A of the Children, Youth and Families Act 2005 or any other provision of any Act or other instrument providing for the period during which a proceeding must be commenced for an offence alleged to have been committed.

10GAccredited 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.

(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, in the Director's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit.

(4)An accreditation issued under this section is subject to—

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10HAccredited 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, in the Director's discretion, 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 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.

(4)An accreditation issued under this section is subject to—

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10IMonitoring 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 10J; 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.

10JRecord-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 kept under subsection (1).

(3)An accredited agency or accredited health practitioner must comply with a request made under subsection (2).

10KAccreditation may be cancelled or surrendered

(1)The Director may cancel the accreditation of an accredited agency or accredited health practitioner if—

(a)the accredited agency or accredited health practitioner fails to comply with section 10J(2); or

(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 cancelled 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 cancelled or has surrendered its accreditation to the Director; or

(b)by a health practitioner, that the health practitioner has had the practitioner's accreditation cancelled or has surrendered the practitioner's accreditation to the Director.

10LWork and development permit guidelines

(1)For the purposes of this Part, 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 Director that the person is an eligible person; and

(ab)the circumstances of a person in respect of whom a registered collection and enforcement order in relation to a registered infringement fine has been made that must be established to satisfy the Director that the person is an eligible person; and

(b)the work-off rates for satisfaction or part satisfaction of an infringement penalty, infringement fine or registered collection and enforcement order in relation to a registered infringement fine (as appropriate); and

(c)the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under work and development permits; and

(d)the information and any documents required to be included in any application to become an accredited agency 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 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.

PART 2B—FAMILY VIOLENCE SCHEME

Division 1—Family violence scheme applications

10MFVS application

(1)A natural person may apply to the Director for a determination that the person is an FVS eligible person for the purposes of the family violence scheme.

(2)An FVS application may be made by a person acting on behalf of the FVS applicant.

(3)This section does not apply to a person who applies for enforcement review under section 32 if the enforcement review application is made, and not withdrawn, on the basis of family violence (the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence).

Note

See section 3A(1)(d) of the Infringements Act 2006.

10NForm of FVS application

An FVS application must—

(a)be in writing; and

(b)state the grounds on which the application is made; and

(c)provide the FVS applicant's address for service; and

(d)refer to the infringement fine to which the application relates; and

(e)include any other prescribed information.

10OFVS application to be made before certain events

An FVS application must be made before any of the following occur in respect of the infringement offence referred to in the application—

(a)a seven-day notice has expired;

(b)an attachment of earnings direction or an attachment of debts direction has been made;

(c)a land charge has been recorded;

(d)property has been seized under a vehicle seizure and sale notice;

(e)the infringement fine has been paid;

(f)the hearing and determination of the matter of the infringement offence in a court following—

(i)the election of a person to have the matter heard and determined in the court; or

(ii)the referral of the matter to the court by an enforcement agency.

10PAdditional eligible infringement offence during FVS application

(1)If an FVS applicant receives an infringement notice for an FVS eligible offence that was committed after an FVS application is made, but before the determination of the FVS application, the FVS applicant may request that the Director add the offence to the FVS application.

(2)A request under subsection (1) must contain sufficient information to identify the FVS eligible offence that is to be added to the FVS application.

10QRequest for additional information

(1)The Director by written request may request an FVS applicant to provide any additional information the Director requires to determine the FVS application.

(2)The FVS applicant—

(a)must provide the additional information requested by the Director under subsection (1) within 14 days of service of the request; or

(b)may request, in writing, an extension of time to provide the additional information, if additional time is required.

(3)If an FVS 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 FVS applicant, in writing, of the period of the extension.

(5)If an FVS 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 determine the FVS application without the additional information; or

(b)if the FVS applicant provides the additional information to the Director out of time, the Director may—

(i)accept that late information; and

(ii)determine the FVS application with that late information.

10RVerification of information supplied in FVS application

(1)The Director may specify how any information supplied to it in an FVS application is to be verified.

(2)Without limiting subsection (1), the Director may require that information be supplied in the form of, or be verified by, a statutory declaration.

10SSuspension of enforcement action for infringement offence the subject of FVS application

(1)If an FVS application is made, the Director must direct an enforcement agency to suspend any enforcement action under this Act against the FVS applicant in respect of each FVS eligible offence referred to in the FVS application.

(2)A direction under subsection (1) must—

(a)include notice of—

(i)the FVS application; and

(ii)the suspension of enforcement action; and

(b)specify that enforcement action against the FVS applicant is suspended for the period specified in the direction.

(3)The suspension of enforcement action under subsection (1) begins from the time that the FVS application is made and ends on the later of—

(a)in the case of the Director having determined that the FVS applicant is not an FVS eligible person, the date of that determination; or

(b)in the case of the Director having determined that the FVS applicant is an FVS eligible person, the date of withdrawal of the infringement notice for the FVS eligible offence under section 10U(2)(a).

(4)Enforcement action for an infringement offence committed by an FVS applicant after an FVS application is made is not suspended, unless—

(a)the infringement offence is added to the application pursuant to a request under section 10P(1) and the enforcement agency is given notice of the FVS application; or

(b)the FVS applicant makes another FVS application that includes the infringement offence and an enforcement agency is given notice of the other FVS application.

Division 2—Determination of FVS application

10TDetermination of FVS eligible person

(1)The Director may determine that an FVS applicant is an FVS eligible person in respect of an FVS eligible offence if the Director is satisfied that—

(a)the FVS applicant was served with an infringement notice in relation to the FVS eligible offence; and

(b)the FVS applicant is a victim of family violence; and

(c)either—

(i)the family violence substantially contributed to the FVS applicant being unable to control the conduct that constituted the FVS eligible offence; or

(ii)in the case of an FVS eligible offence that is an operator onus offence within the meaning of Part 6AA of the Road Safety Act 1986—

(A)the FVS applicant was the registered operator of the vehicle at the time of the offence but was not the driver at the time of the offence; and

(B)the family violence substantially contributed to the FVS applicant being unable to make a known user statement (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the offence.

(2)The Director must determine that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence if the Director is satisfied that the criteria in subsection (1) are not met.

(3)The Director must serve written notice on the FVS applicant of the determination that—

(a)the FVS applicant is an FVS eligible person in respect of the relevant FVS eligible offence; or

(b)the FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence.

(4)A determination by the Director under this Part in relation to a person's experience of family violence is not a matter to be taken into account for the purpose of determining the guilt or liability of a person for an offence in any proceeding.

Division 3—FVS eligible persons

10UCancellation, waiver and withdrawal of FVS eligible offence in respect of FVS eligible person

(1)Within 21 days of determining that an FVS applicant is an FVS eligible person, the Director must—

(a)cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action in respect of the FVS eligible offence; and

(b)waive any additional fees and costs that have been added to the infringement penalty under this Act, the Infringements Act 2006, or regulations made under those Acts; and

(c)direct the enforcement agency to—

(i)withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the Infringements Act 2006; and

(ii)take no further action in relation to the FVS eligible offence.

(2)An enforcement agency that receives a direction under subsection (1)(c) must—

(a)withdraw the infringement notice within 28 days of receiving the direction; and

(b)notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

(3)Subsection (1) does not apply to an FVS eligible offence to which section 10V applies.

10VSuspension of enforcement of operator onus offence in relation to FVS eligible person

(1)This section applies if—

(a)an FVS eligible offence is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986; and

(b)the FVS eligible person was—

(i)the operator (within the meaning of Part 6AA of the Road Safety Act 1986) of a motor vehicle; and

(ii)not the driver, or in possession or control of that motor vehicle at the time of the offence.

(2)Within 21 days of receiving notice from the Director that the FVS applicant is an FVS eligible person, the FVS eligible person may make a written request to the Director for the suspension of enforcement action of an FVS eligible offence to which this section applies.

(3)If the Director receives a written request referred to in subsection (2), the Director may suspend any enforcement action that may be taken under this Act and the Infringements Act 2006 against the FVS eligible person in respect of the FVS eligible offence for a period not exceeding 6 months.

(4)If the Director suspends enforcement action under subsection (3), the Director may direct that an enforcement agency is to take no enforcement action in respect of the FVS eligible offence during the enforcement suspension period.

(5)If the Director suspends enforcement action under subsection (3) and the FVS eligible person makes an effective known user statement (within the meaning of Part 6AA of the Road Safety Act 1986), the suspension of enforcement ends.

(6)If an effective known user statement referred to in subsection (5) is cancelled under section 84BF of the Road Safety Act 1986, the Director may refer the FVS eligible offence to the enforcement agency, who may take any action referred to in section 38(1)(a) with respect to the FVS eligible offence.

(7)In the circumstances referred to in subsection (8), the Director must—

(a)cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action, in respect of the FVS eligible offence; and

(b)waive any additional fees and costs that have been added to the infringement penalty under this Act, the Infringements Act 2006, or regulations made under those Acts; and

(c)direct the enforcement agency to—

(i)withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the Infringements Act 2006; and

(ii)take no further action in relation to the FVS eligible offence; and

(d)notify the FVS eligible person of any action the Director takes under this subsection.

(8)For the purposes of subsection (7), the specified circumstances are—

(a)the Director has not received a written request from the FVS eligible person referred to in subsection (2); or

(b)a written request referred to in subsection (2) has been made and no effective known user statement has been made by the FVS eligible person by the end of the period of enforcement suspension referred to in subsection (3).

(9)An enforcement agency that receives a direction under subsection (7)(c) must—

(a)withdraw the infringement notice within 28 days of receiving the direction; and

(b)notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

Division 4—FVS ineligible persons

10WFVS applicant ineligible for family violence scheme

(1)If the Director determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence, the Director must give written notice of the determination within 21 days of its making to the enforcement agency.

(2)Within 21 days of the Director notifying an FVS applicant that the FVS applicant is not an FVS eligible person, the person liable to pay the fine referred to in the FVS application must—

(a)pay the fine, and subject to subsection (3), any related fees; or

(b)take any other action in relation to the fine which the person may take under this Act or the Infringements Act 2006.

(3)For the purpose of subsection (2)(a), a person is not liable for any fees related to any fine which is the subject of an FVS application which accrue while the FVS application is being determined.

(4)If the Director determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under section 10T, an enforcement agency may, 21 days after the Director has notified the FVS applicant of their ineligibility, resume enforcement action in relation to the infringement offence.

(5)If an enforcement agency which receives notice under subsection (1) commences a proceeding for the alleged offence, the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notice.

(6)Subsection (5) 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.

Division 5—Referral of infringement offence to enforcement agency

10XDirector may refer infringement offence in FVS application to enforcement agency

(1)This section applies whether or not a person is an FVS eligible person.

(2)Despite anything to the contrary in this Part, the Director may cancel the enforcement of an infringement offence included in an FVS application and refer the matter back to the enforcement agency.

(3)In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director must consider the following—

(a)the number, frequency and nature of the FVS applicant's offences;

(b)whether, in relation to each offence—

(i)family violence substantially contributed to the FVS applicant being unable to control the conduct that constitutes the offence; or

(ii)the offence was an operator onus offence for the purposes of Part 6AA of the Road Safety Act1986 and the person was the registered operator of the vehicle but was not the driver at the time of the offence;

(c)other FVS applications the FVS applicant has previously made.

(4)In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director may consider any other matter the Director considers relevant.

10YEnforcement agency may prosecute or withdraw infringement notice

(1)An enforcement agency to which the Director refers an infringement offence under section 10X(2) may—

(a)withdraw the infringement notice by issuing a withdrawal notice under section 19 of the Infringements Act 2006 and—

(i)take no further action against the person; or

(ii)issue an official warning to the person; or

(b)file a charge-sheet charging the offence alleged to have been committed.

(2)If an enforcement agency to which the Director refers an infringement offence under section 10X(2) commences a proceeding for the alleged offence by filing a charge-sheet under subsection (1)(b), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date that the Director refers the infringement offence to the enforcement agency.

(3)Subsection (2) 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.

Division 6—Review of family violence scheme

10ZReview of FVS

(1)The Minister must cause a review of the operation of the family violence scheme in this Part to be undertaken.

(2)The review must commence no later than 2 years after the commencement of the operation of the family violence scheme.

(3)The review must review the operation of the family violence scheme in accordance with terms of reference determined by the Minister, including the potential impact on road safety.

(4)The person appointed by the Minister to conduct the review must provide a written report to the Minister.

PART 3—MANAGEMENT FOR COLLECTION AND ENFORCEMENT OF FINES BY DIRECTOR

Division 1—Application of Part

11Part 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

12Division 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.

13Referral 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.

(1A)Despite subsection (1), a court fine imposed on an offender is not referred to the Director for collection and management until the court provides the Director with the prescribed information to enable collection and management of the fine by the Director.

(2)If a court makes an order imposing a court fine 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.

Division 3—Internal reviews

*                *                *                *                *

215Application for internal review

*                *                *                *                *

(2)In section 22(2) of the Infringements Act 2006—

*                *                *                *                *

(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 penalty reminder notice fee are registered with the Director under the Fines Reform Act 2014; or".

(3)In section 22(2)(a)(ii) of the Infringements Act2006—

(a)for "in the case of any other infringement offence" substitute "in the case of a non-registrable infringement offence";

(b)for "bringing" substitute "commencing".

*                *                *                *                *

*                *                *                *                *

217What can an enforcement agency decide on review?

*                *                *                *                *

(3)For section 25(3), (4), (5) and (6) 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)be the subject of an application 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 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)be the subject of an application 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.".

(4)After section 25(6) of the Infringements Act 2006 insert—

"(7)A person served with a notice under subsection (6) must, within 14 days of receiving the notice—

(a)pay the infringement penalty; 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)be the subject of an application to the Director for a work and development permit.".

*                *                *                *                *

219Penalty reminder notices

In section 29(3) of the Infringements Act 2006, for "28 days" substitute "14 days".

*                *                *                *                *

225Heading 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".

226Decision 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".

(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".

227Going to Court—indictable offences

In section 40A of the Infringements Act 2006, for "a lodgeable" substitute "an".

228Avoiding service

In section 41 of the Infringements Act 2006, for "a lodgeable" substitute "an".

Division 4—Payment plans

229Establishment of the central payment plan facility

Division 1 of Part 3 of the Infringements Act 2006 is repealed.

230Payment 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 penalty reminder notice fee 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)".

(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

(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 penalty reminder notice fee 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.".

231Payment 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.

232Section 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.".

233Payment 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 penalty reminder notice fee 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.".

234New 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 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.

49BAddition 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.".

235Allocation 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 penalty reminder notice fee 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 that outstanding penalty reminder notice fee 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".

236Provision of current contact details

Section 51 of the Infringements Act 2006 is repealed.

237Section 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 by other enforcement action available under the Fines Reform Act 2014.

52AEnforcement 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.".

238Section 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.".

239Guidelines

(1)In section 53A(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director".

(2)In section 53A(2) of the Infringements Act 2006, for "Secretary" substitute "Director".

239AOversight and monitoring by Secretary

(1)In the heading to section 53B(1) of the Infringements Act 2006, for "Secretary" substitute "Director".

(2)In section 53B(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director".

(3)In section 53B(2) of the Infringements Act 2006, for "Secretary" substitute "Director".

239BRecommendations to enforcement agencies

In section 53C(1) and (2) of the Infringements Act 2006, for "Secretary" substitute "Director".

239CReports and recommendations to Attorney-General

(1)In section 53D(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director".

(2)In section 53D(2) of the Infringements Act 2006, for "Secretary" substitute "Director".

(3)In section 53D(3) of the Infringements Act 2006—

(a)for "Secretary" (where four times occurring) substitute "Director";

(b)in paragraph (d), for "Secretary's" substitute "Director's".

(4)In section 53D(4) of the Infringements Act 2006, for "Secretary" substitute "Director".

Division 5—Repeals and further consequential amendments

240Parts 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.

*                *                *                *                *

(3)Part 12 of the Infringements Act 2006 is repealed.

241Service 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.".

(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".

242Service 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.

243Sections 164, 165 and 166 repealed

Sections 164, 165 and 166 of the Infringements Act 2006 are repealed.

244Regulations—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.

*                *                *                *                *

246Sections 190, 191, 205, 206 and 209A repealed

Sections 190, 191, 205, 206 and 209A of the Infringements Act 2006 are repealed.

247New Division 3 inserted into Part 16

After Division 2 of Part 16 of the Infringements Act 2006 insert—

"Division 3—Fines Reform Act 2014

212Definitions

In this Division—

commencement day means the day on which section 247 of the Fines Reform Act 2014 comes into operation.

*                *                *                *                *

214Infringement 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.

(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 penalty reminder notice fee 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

(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.

*                *                *                *                *

216Payment 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

(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.

217Guidelines, oversight and recommendations

(1)Despite the commencement of section 239 of the Fines Reform Act 2014, any guidelines issued under section 53A by the Secretary before that commencement are taken to have been issued by the Director on and from that commencement.

(2)Despite the commencement of section 239A of the Fines Reform Act 2014, any request made by the Secretary under section 53B(1) but not complied with under section 53B(2) before that commencement is taken on and from that commencement to have been made by the Director and must be complied with accordingly.

(3)Despite the commencement of section 239B of the Fines Reform Act 2014, any recommendation made by the Secretary under section 53C(1) but not reported on by the enforcement agency under section 53C(2) before that commencement—

(a)is taken on and from that commencement to have been made by the Director; and

(b)must be reported on to the Director accordingly under section 53C(2) as in force after that commencement.

*                *                *                *                *

".

PART 18—TRANSITIONAL PROVISIONS—JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021

248Definition

In this Part—

commencement day means the day on which section 191 of the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 comes into operation.

249Requests made to Director before commencement day

If a person has made a request to the Director under section 171A(1) as in force immediately before the commencement day, and the Director has not applied to the Magistrates' Court under section 171A(2) as in force immediately before the commencement day on behalf of the person who made the request, on and from the commencement day—

(a)Division 1A of Part 14 applies in respect of that request; and

(b)the Director may (as appropriate)—

(i)apply to the Magistrates Court on behalf of the person under section 171A; or

(ii)waive the outstanding amount of the relevant infringement fine under section 171AD.

250Applications made under section 171A(2)(a) but not determined

(1)This section applies to an application made by the Director under section 171A(2)(a) as in force immediately before the commencement day if the application—

(a)has not been heard and determined by the Court before the commencement day; or

(b)has not been partly heard by the Court before the commencement day.

(2)If this section applies to an application, on and from the commencement day—

(a)the application is taken to be returned to the Director; and

(b)the Director may take appropriate action in respect of that application as if the application had been a request made under section 171AB.

*                *                *                *                *

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 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."

The Fines Reform Act 2014 was assented to on 1 September 2014 and came into operation on 31 December 2017: Special Gazette (No. 443) 19 December 2017 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Fines Reform Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Fines Reform Act 2014, No. 47/2014 (as amended by No. 29/2016)

Assent Date:	1.7.14
Commencement Date:	Ss 202(4), 331 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1; s. 185D inserted on 25.4.20 by No. 11/2020 s. 37: s. 2 (as amended by No. 27/2020 s. 33)
Note:	S. 331 repealed Pts 18, 19 (ss 248–331) on 31.12.18; s. 202(4) repealed s. 202 on 31.12.19; s. 185D repealed Pt 15A (ss 185A–185D) on 26.4.21
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 52 on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Fines Reform and Infringements Acts Amendment Act 2016, No. 29/2016

Assent Date:	31.5.16
Commencement Date:	Ss 3–58 on 1.6.16: s. 2(1)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Fines Reform Amendment Act 2017, No. 59/2017

Assent Date:	5.12.17
Commencement Date:	Ss 62–107 on 6.12.17: s. 2(1); ss 3–8 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1; ss 10–57 on 11.1.18: Special Gazette (No. 7) 10.1.18 p. 1; ss 58–61 on 3.12.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 373 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date:	26.3.19
Commencement Date:	Ss 106–108 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 5) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 20) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Fines Reform Act 2014

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 39.1(a), 39.2) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 39.1(b)) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 37 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	Ss 129−131 on 1.3.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 33 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 183–191 on 9.8.21: Special Gazette (No. 420) 3.8.21 p. 1
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	Ss 37−41, 57 on 30.8.22: Special Gazette (No. 438) 30.8.22 p. 1
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

Assent Date:	18.5.22
Commencement Date:	Ss 3–26 on 19.5.22: s. 2(1); ss 43–65 on 18.7.22: Special Gazette (No. 346) 5.7.22 p. 1; ss 32, 35, 36(2), 37A, 38, 39, 41, 42 on 6.9.22: Special Gazette (No. 456) 6.9.22 p. 1; ss 27–31, 33, 34, 36(1), 37, 40 on 8.3.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	Ss 830, 831 on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	Ss 101, 106(Sch. 1 item 16) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Fines Reform Act 2014

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3   Explanatory details

No entries at date of publication.