Fines Reform Amendment Regulations 2019 (Vic)
Fines Reform Amendment Regulations 2019
S.R. No. 16/2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Regulation 8 substituted
6Form 2 substituted
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Endnotes
STATUTORY RULES 2019
S.R. No. 16/2019
Fines Reform Act 2014
Fines Reform Amendment Regulations 2019
The Governor in Council makes the following Regulations:
Dated: 19 March 2019
Responsible Minister:
JILL HENNESSY
Attorney-GeneralANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Fines Reform Regulations 2017—
(a)to amend the prescribed form of enforcement warrant for a natural person consequential to the commencement of Parts 3 and 4 of the Fines Reform Amendment Act 2017; and
(b)to make a minor and technical amendment.
2Authorising provision
These Regulations are made under section 185 of the Fines Reform Act 2014.
3Commencement
These Regulations come into operation on
31 March 2019.
4Principal Regulations
In these Regulations, the Fines Reform Regulations 2017[1] are called the Principal Regulations.
5Regulation 8 substituted
For regulation 8 of the Principal Regulations substitute—
"8 Collection fee
For the purpose of section 23(3) of the Act, the prescribed fee is 9·01 fee units.".
6Form 2 substituted
For Form 2 of Schedule 1 to the Principal Regulations substitute—
"FORM 2—ENFORCEMENT WARRANT—NATURAL PERSON
Regulation 23(a)
ENFORCEMENT WARRANT
(AGAINST A NATURAL PERSON)
Fines Reform Act 2014
Case Number:
Name:
Address:
Date of Birth:
*Gender:
*Driver licence: [insert driver licence number and state]
This enforcement warrant is issued under section 106 of the Fines Reform Act 2014 because the fine defaulter named above—
*has failed to comply with a notice of final demand by—
•defaulting in the payment of a registered fine specified in the notice; or
•defaulting in the payment of a registered collection and enforcement order specified in the notice; or
•not taking any other action specified in the notice of final demand within the time specified in the notice.
*defaulted in the payment of a payment arrangement.
*failed to report as required under section 152(b) of the Fines Reform Act 2014 to the community corrections centre specified in the community work permit imposed on the fine defaulter.
*is the subject of an unsatisfied enforcement warrant.
*DETAILS OF REGISTERED FINE
*Infringement offence/*Offence:
*Infringement offence date/*Offence date:
Time of *infringement offence/*offence:
Place of *infringement offence/*offence:
*Registration number of vehicle used in *infringement offence/*offence: [insert registration number of vehicle and state]
*Enforcement agency/*Name and venue of sentencing court:
*AMOUNT SPECIFIED
*Outstanding amount of fine: $ [insert the outstanding amount of fine]
*Penalty reminder notice fee: $ [insert the penalty reminder notice fee amount prescribed under the Infringements Act 2006]
*Collection fee: $ [insert the collection fee amount]
*Enforcement warrant fee: $ [insert the enforcement warrant fee amount]
*Amount specified: $ [insert total amount]
*DETAILS OF REGISTERED COLLECTION AND ENFORCEMENT ORDER
*Court:
*Court case number:
*Date of order:
*Details of the registered infringement fine(s) in respect of which the order has been made are listed in Schedule A to this warrant.
*Details of the registered court fine(s) in respect of which the order has been made are set out below.
*Court that issued the fine:
*Court fine hearing date:
*Offence description date:
*Offence date:
*AMOUNT SPECIFIED
*Registered collection and enforcement order: $ [insert the outstanding amount of the order]
*Collection fee: $ [insert the collection fee amount]
*Enforcement warrant fee: $ [insert the enforcement warrant fee amount]
*Amount specified: $ [insert total amount]
AUTHORITY AND DIRECTIONS
To—
*the sheriff.
*[insert name and rank], a named police officer.
*allpolice officers.
*the Commissioner within the meaning of the Corrections Act 1986.
*[insert name], a person authorised by law to execute an enforcement warrant [specify person and authority].
You are to demand payment of the amount specified from the fine defaulter named in this enforcement warrant.
If the amount specified is paid, you must forward the amount received to the Director, Fines Victoria without delay.
If the amount specified is not paid in full
Partial payment
If part of the amount specified is paid, you must reduce the amount specified by the amount paid, amend the execution copy of the enforcement warrant, receive payment, forward it to the Director, Fines Victoria without delay and notify the registrar.
Seizure and sale of property
You are—
(i) authorised to break, enter and search any residential or business premises occupied by the fine defaulter named in the enforcement warrant for any personal property of that fine defaulter; and
(ii)directed and authorised to seize the personal property of the fine defaulter named in the enforcement warrant; and
(iii)if the amount specified together with all lawful costs of execution are not paid, directed and authorised to sell the personal property seized.
Arrest
You are—
(i) authorised to break, enter and search for the fine defaulter named in the enforcement warrant in any place where the fine defaulter named is suspected to be; and
(ii) subject to any endorsement as to bail below, directed and authorised to arrest the fine defaulter if you cannot find sufficient personal property of the fine defaulter named in the enforcement warrant on which to satisfy the amount specified together with all lawful costs of execution.
PROCEDURE AFTER ARREST
*Execution of enforcement warrant: registered infringement fines, other than a fine defaulter in contravention of a community work permit
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered infringement fine—
(i)to be released on a community work permit in accordance with Part 13 of the Fines Reform Act 2014 if appropriate; or
(ii) if the fine defaulter refuses to enter into an undertaking of bail or cannot be dealt with under Part 13 of the Fines Reform Act2014, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014; or
(iii)if the fine defaulter is not dealt with under paragraph (i) or (ii), to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(iv)if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered collection and enforcement order made in respect of an outstanding registered infringement fine
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered collection and enforcement order made in respect of an outstanding registered infringement fine—
(i) if the fine defaulter refuses to enter into an undertaking of bail, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014; or
(ii) if the fine defaulter is not dealt with under paragraph (i), to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(iii)if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered court fines
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered court fine—
(i) to be brought before the sentencing court immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: registered collection and enforcement order made in respect of an outstanding registered court fine
Subject to any endorsement as to bail below, if you arrest the fine defaulter named in this enforcement warrant, you must cause that fine defaulter in respect of any registered collection and enforcement order made in respect of an outstanding registered court fine—
(i) to be brought before the sentencing court that imposed the relevant registered court fine immediately after being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or
(ii) if it is not practicable to bring the fine defaulter before the sentencing court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977; or
(iii)if the fine defaulter is not dealt with under paragraph (i) or (ii), to be brought before the sentencing court that imposed the relevant registered court fine immediately after being arrested to be dealt with according to law; or
(iv)if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977.
*Execution of enforcement warrant: contravention of a community work permit
Subject to any endorsement as to bail below, if the fine defaulter named in this enforcement warrant failed to report as required under section 152(b) of the Fines Reform Act 2014 to a community corrections centre specified in a community work permit, you must cause that fine defaulter—
(i)to be brought before the Magistrates' Court immediately after being arrested to be dealt with according to law; or
(ii) if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested, to be dealt with in accordance with the Bail Act 1977; or
(iii)if it is not practicable to bring the fine defaulter before the Magistrates' Court immediately after being arrested and the fine defaulter refuses to enter into an undertaking of bail, to be taken or safely conveyed to a prison or police gaol and deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14 of the Fines Reform Act 2014.
Issued at: [place] on: [date]
Issued by: [name]
REGISTRAR
ENDORSEMENT AS TO BAIL UNDER SECTION 106(4) OF THE FINES REFORM ACT 2014
Bail may be granted on the following conditions:
The fine defaulter named may be released on entering an undertaking of bail to appear at [insert the name and venue of the court at which the fine defaulter must appear] on the following conditions:
[specify conditions]
Issued by: [name]
REGISTRAR
Date:
*Delete if inapplicable.
SCHEDULE A—Details of Registered Infringement Fines
| Enforcement agency | Infringement number | Offence description | Date and time of offence | Place of offence |
| [Insert details of registered infringement fine] |
".
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Endnotes
[1] Reg. 4: S.R. No. 129/2017.
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