Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022 (Vic)
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
No. 17 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Fines Reform Act 2014
Division 1—Fines Reform Act 2014 amendments
3Definitions
4New section 3A inserted
5Functions and powers of the Director
6Effect of work and development permit
7Infringement fine may be waived in limited circumstances
8New section 10FA inserted
9FVS application to be made before certain enforcement related events
10FVS applicant ineligible for family violence scheme
11Extended period for registration
12Person may apply for a payment arrangement
13Provision of current contact details
14New section 95A inserted
15Power of Director to apply for land charge to be recorded
16Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
17What can be done during period of the seven-day notice?
18Director must waive payment of relevant infringement fines if section 171AC does not apply
19Enforcement and payment report
20Right of intervention in management
21Director or sheriff may request required information from specified agency for purpose of enforcing registered fines
22Restriction on Director and sheriff in relation to use of required information
23Section 177 substituted
24Certain agencies may give information for enforcement purposes
25New section 184A inserted
26Regulations
Division 2—Further Fines Reform Act 2014 amendments
27Definition
28New section 10AA inserted
29Work and development permits
30Application for work and development permit
31Effect of work and development permit
32Infringement fine may be waived in limited circumstances
33Work and development permit guidelines
34Referral for collection of court fine by Director
35Court fine collection statement
36Referral of enforcement hearing orders to Director for collection
37Registration of infringement fine with Director
37ADirector may decide that enforcement of infringement offence under this Act is not appropriate
38New section 32A inserted
39Request for additional information
40Issue of enforcement warrant
41Warning of execution of enforcement warrant—seven-day notice
42Executing enforcement warrant after expiry of seven-day notice
43Amendment of Part 14 heading
44Definitions for Part 14
45Amendment of Division 1A of Part 14 heading
46Section 171AA substituted
47Request to Director for waiver or to make application for time served order
48Appropriate action—application to the Magistrates' Court by Director
49Director must waive payment of relevant infringement fines if section 171AC does not apply
50Effect of waiving payment of outstanding amount of relevant infringement fine
51Amendment of Division 2 of Part 14 heading
52New section 171AF inserted
53Application of the Director on behalf of person in custody
54Time served orders
55Orders of Magistrates' Court for any relevant infringement fine or any remaining amount
56Additional powers of the Magistrates' Court
57Term of imprisonment including whether cumulative or concurrent
58Contact details of person
59Variation of instalment order
60Application for rehearing in certain circumstances
61Determination of rehearing
62Application for bail pending rehearing
63New section 171L inserted
64Enforcement and payment report
65Service of documents
Part 3—Amendment of Infringements Act 2006
66Guidelines
67New section 6A inserted
68New section 21A inserted
69New section 31AA inserted
70Expiating the offence
71Effect of expiation
72Decision to go to Court
73Reports and recommendations to Attorney-General
74Service of documents
75New section 167A inserted
76Regulations
Part 4—Amendment of Magistrates' Court Act 1989
77Section 137A repealed
Part 5—Amendment of Road Safety Act 1986
78Suspension of motor vehicle or trailer registration
79Extension of time if no actual notice for certain traffic infringements
80Traffic infringements
Part 6—Amendment of Sentencing Act 1991
81Definitions
82Person may consent to imprisonment in respect of unpaid fines
83Issue of warrant to arrest person in default
84Who may execute warrant?
85Order of court if material change in circumstances of offender
86Enforcement of fines against bodies corporate
Part 7—Amendment of Sheriff Act 2009
Division 1—Amendments relating to warrants
87Definitions
88Execution and return of warrants and other processes
89Execution of warrants that are in electronic form
90Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014
91Power to direct a person to do something
92New section 33A inserted
93Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee
Division 2—Amendments relating to service of foreign and interstate documents
94Definitions
95New Division 2A of Part 5 inserted
96Regulations
Part 8—Amendment of Taxation Administration Act 1997
97Permitted disclosures to particular persons or for particular purposes
Part 9—Amendment of tolling Acts
Division 1—Amendment of EastLink Project Act 2004
98Definition
99Freeway Corporation may notify enforcement agency of non-payment of toll
100Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 2—Amendment of Melbourne City Link Act 1995
101Definitions
102Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
103Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 3—Amendment of North East Link Act 2020
104Definitions
105Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll
106Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
107Granting extension of time
Division 4—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
108Definitions
109Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll
110Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
111Granting extension of time
Part 10—Amendment of Transfer of Land Act 1958
112Sale under writ of fieri facias or decree of Supreme Court etc.
Part 11—Repeal of this Act
113Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
No. 17 of 2022
[Assented to 18 May 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Fines Reform Act 2014 and the Infringements Act 2006 to implement recommendations made by the Fines Reform Advisory Board following its review of the Fines Reform Act 2014; and
(b)to amend the Sentencing Act 1991—
(i)to harmonise provisions in that Act in relation to the time served scheme with similar provisions in the Fines Reform Act 2014; and
(ii)to make miscellaneous and technical amendments; and
(c)to amend the Sheriff Act 2009 in relation to warrants and other miscellaneous matters; and
(d)to amend the EastLink Project Act 2004, the Melbourne City Link Act 1995, the North East Link Act 2020 and the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 to enable a toll road operator to withdraw a request for the enforcement agency to serve an infringement notice in respect of an unpaid toll and to make other miscellaneous amendments; and
(e)to make fine and infringement related, miscellaneous and consequential amendments to the Magistrates' Court Act 1989, the Road Safety Act 1986, the Taxation Administration Act 1997 and the Transfer of Land Act 1958.
2Commencement
(1)This Act (other than Division 2 of Part 2, sections 66, 67, 73, 74, 79, 80, 82 and Part 9) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), Division 2 of Part 2, sections 66, 67, 73, 74, 79, 80, 82 and Part 9 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 8 March 2024, it comes into operation on that day.
Part 2—Amendment of Fines Reform Act 2014
Division 1—Fines Reform Act 2014 amendments
3Definitions
(1)In section 3 of the Fines Reform Act 2014, in the definition of registered court fine, after "any" insert "registration fee,".
(2)In section 3 of the Fines Reform Act 2014, in the definition of required information, after "birth" insert ", telephone number, email address".
4New section 3A inserted
After section 3 of the Fines Reform Act 2014 insert—
"3A Objectives
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.".
5Functions and powers of the Director
After section 5(h) of the Fines Reform Act 2014 insert—
"(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;".
6Effect of work and development permit
(1)In section 10D(1) of the Fines Reform Act 2014, after paragraph (a) insert—
"(ab)the eligible person partially completes the work and development permit; or".
(2)Section 10D(3) of the Fines Reform Act 2014 is repealed.
(3)Section 10D(5) of the Fines Reform Act 2014 is repealed.
7Infringement fine may be waived in limited circumstances
(1)In section 10F(1) of the Fines Reform Act 2014, for "On the recommendation of the Director, the Secretary" substitute "Subject to subsection (2), the Director".
(2)In section 10F(3) of the Fines Reform Act 2014—
(a)for "Secretary" substitute "Director";
(b)for "32(1A)(b)" substitute "32(1A)(a)(ii)".
(3)In section 10F(4) of the Fines Reform Act 2014, for "Secretary" (where twice occurring) substitute "Director".
8New section 10FA inserted
After section 10F of the Fines Reform Act 2014 insert—
"10FA Work 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.".
9FVS application to be made before certain enforcement related events
(1)In the heading to section 10O of the Fines Reform Act 2014 omit "enforcement related".
(2)In section 10O of the Fines Reform Act 2014—
(a)in paragraph (e), for "paid." substitute "paid;";
(b)after paragraph (e) insert—
"(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.".
10FVS applicant ineligible for family violence scheme
In section 10W(4) of the Fines Reform Act 2014, for "immediately" substitute ", 21 days after the Director has notified the FVS applicant of their ineligibility,".
11Extended period for registration
(1)After section 17(b) of the Fines Reform Act 2014 insert—
"(ba)in the case of an alleged offence against section 19 of the City of Melbourne Act 2001, no more than 6 months after the date of service of the infringement notice in respect of that offence;".
(2)After section 17(f) of the Fines Reform Act 2014 insert—
"(fa)if a person to whom a payment arrangement applies removes an infringement fine in respect of an infringement offence from the arrangement, no more than 6 months after the date on which the person removed that infringement fine from the payment arrangement;".
(3)In section 17(h) of the Fines Reform Act 2014, for "24(3) or (4)" substitute "24(3)(b)".
(4)In section 17(m) of the Fines Reform Act 2014, for "section." substitute "section;".
(5)After section 17(m) of the Fines Reform Act 2014 insert—
"(n)if a person who is subject to a work and development permit removes an infringement fine in respect of an infringement offence from the permit and the infringement fine has not already been registered, no more than 6 months after the date on which the person removed the infringement fine from the work and development permit;
(o)if a work and development permit has been partially completed in accordance with section 10D and the infringement fine has not already been registered, no more than 6 months after the date on which the work and development permit is partially completed;
(p)in the case of a person served with a notice under section 10T(3)(b), no more than 6 months after the date on which the notice is served.".
12Person may apply for a payment arrangement
(1)In section 42(1) of the Fines Reform Act 2014—
(a)for "subsection (4)" substitute "subsections (3) and (6)";
(b)after "court fine" insert "(if that court fine has been referred to the Director under section 13(1))".
(2)In section 42(1A) of the Fines Reform Act 2014, for "subsection (4)" substitute "subsection (3)".
(3)After section 42(1A) of the Fines Reform Act 2014 insert—
"(1B)Subject to subsection (3), a natural person may apply to the Director for a payment arrangement to pay an enforcement hearing order referred to the Director for collection.".
13Provision of current contact details
For section 54(5) of the Fines Reform Act 2014 substitute—
"(5)The Director must notify an enforcement agency which referred an infringement fine in respect of a person to the Director for management by a payment arrangement or a court which makes an order referred to in subsection (2) of the last known address of the person to whom the payment arrangement applies if—
(a)the payment arrangement that applies to that person is cancelled under section 56; or
(b)that person—
(i)requests the removal of a fine from a payment arrangement under section 48; or
(ii)requests the cancellation of a payment arrangement under section 49.".
14New section 95A inserted
After section 95 of the Fines Reform Act 2014 insert—
"95A Fine defaulter must not dispose of land after service of notice of intention to charge land
A person who has been served a notice of intention to charge land must not dispose of their interest in the land for 21 days commencing on the day the notice is served.
Penalty:60 penalty units.".
15Power of Director to apply for land charge to be recorded
For section 96(1)(b) of the Fines Reform Act 2014 substitute—
"(b)the person has not paid the registered fine, or within 7 days of the notice of intention to charge land being served—
(i)entered into, or made, a payment arrangement; or
(ii)made an application for enforcement review which has not been determined; or
(iii)is the subject of an application for a work and development permit which has not been determined; or
(iv)made an FVS application which has not been determined.".
16Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
In section 110(2) of the Fines Reform Act 2014, after "Magistrates' Court" (where twice occurring) insert ", County Court or Supreme Court (as appropriate)".
17What can be done during period of the seven-day notice?
After section 120(1) of the Fines Reform Act 2014 insert—
"(1A)For the avoidance of doubt, section 14(1)(c) of the Sheriff Act 2009 does not limit the power of a person authorised to execute an enforcement warrant under subsection (1) in accordance with that subsection.".
18Director must waive payment of relevant infringement fines if section 171AC does not apply
(1)In section 171AD(1) of the Fines Reform Act 2014, for "subsection (2)" substitute "subsections (2) and (3)".
(2)After section 171AD(2) of the Fines Reform Act 2014 insert—
"(3)The Director must not waive any outstanding amount of a relevant infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the relevant infringement fine relates was taken into custody.
Note
The waiver of an outstanding amount of a relevant infringement fine of a person under this section includes the waiver of any fees and costs added to the relevant infringement fine.".
19Enforcement and payment report
Section 172(1)(b) and (c) of the Fines Reform Act 2014 are repealed.
20Right of intervention in management
After section 173E(1)(c)(i) of the Fines Reform Act 2014 insert—
"(ia)processing of infringement notices; or".
21Director or sheriff may request required information from specified agency for purpose of enforcing registered fines
(1)In section 174(1) of the Fines Reform Act 2014, after "registered fine" insert "or registered collection and enforcement order".
(2)Section 174(3) of the Fines Reform Act 2014 is repealed.
22Restriction on Director and sheriff in relation to use of required information
In section 176 of the Fines Reform Act 2014—
(a)after "required information" insert ", or information referred to in section 177,";
(b)after "registered fine" insert "or registered collection and enforcement order".
23Section 177 substituted
For section 177 of the Fines Reform Act 2014 substitute—
"177 Access to and use of information held by credit reporting bodies
(1)On the written request of the Director or the sheriff, a credit reporting body is authorised to disclose to the Director or the sheriff the following information about a fine defaulter for the purposes of the Director or the sheriff taking enforcement action under this Act against the fine defaulter—
(a)relevant information;
(b)any telephone number or email address recorded in the name of the fine defaulter;
(c)credit worthiness information in relation to a fine defaulter;
(d)the name of any authorised deposit-taking institution in respect of which the fine defaulter is a customer and the details of any accounts held by the fine defaulter with that institution.
(2)In this section—
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
credit worthiness has the same meaning as in the Privacy Act 1988 of the Commonwealth.".
24Certain agencies may give information for enforcement purposes
(1)In section 178(1) of the Fines Reform Act 2014—
(a)after "fines," insert "registered collection and enforcement orders,";
(b)after "sub-contractor" insert "(the requestor)".
(2)For section 178(2) of the Fines Reform Act 2014 substitute—
"(2)On the written request of the requestor, a specified enforcement information agency, or other person or body that receives a request under subsection (1), may give the requestor access to any information held by the agency, person or body that may be of use in the enforcement of registered fines, registered collection and enforcement orders, directions and warrants under this Act.".
(3)In section 178(3) of the Fines Reform Act 2014, after "fines," insert "registered collection and enforcement orders,".
(4)In section 178(4)(a) of the Fines Reform Act 2014, after "fines," insert "registered collection and enforcement orders,".
25New section 184A inserted
After section 184 of the Fines Reform Act 2014 insert—
"184A Minor defects or errors in a notice
A notice issued or served under this Act is not void only because of a minor defect or error in it.".
26Regulations
In section 185(1) of the Fines Reform Act 2014—
(a)after paragraph (e) insert—
"(ea)prescribing the land charge threshold for the purposes of Part 9; and";
(b)after paragraph (j) insert—
"(ja)requirements for record-keeping in relation to community work permits; and
(jb)prescribing an alternative method to give or serve documents required to be given or served under this Act; and".
Division 2—Further Fines Reform Act 2014 amendments
27Definition
In section 3 of the Fines Reform Act 2014, for the definition of eligible person substitute—
"eligible person has the meaning given by section 10AA;".
28New section 10AA inserted
Before section 10A of the Fines Reform Act 2014 insert—
"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.".
29Work and development permits
In section 10A of the Fines Reform Act 2014, after "infringement fine" insert "or any outstanding amount under a registered collection and enforcement order made in relation to an outstanding registered infringement fine".
30Application for work and development permit
(1)In section 10B(4)(c) of the Fines Reform Act 2014, after "offence" insert ", infringement fine or registered collection and enforcement order in relation to a registered infringement fine".
(2)For section 10B(5) of the Fines Reform Act 2014 substitute—
"(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.".
31Effect of work and development permit
(1)In section 10D(1) of the Fines Reform Act 2014, after "infringement fine" insert "or registered collection and enforcement order in relation to a registered infringement fine".
(2)In section 10D(2) of the Fines Reform Act 2014, after "infringement fine" insert "or registered collection and enforcement order in relation to a registered infringement fine (as appropriate)".
(3)In section 10D(4) of the Fines Reform Act 2014, after "infringement fine" insert "or registered collection and enforcement order in relation to a registered infringement fine (as appropriate)".
32Infringement fine may be waived in limited circumstances
(1)In section 10F(1) of the Fines Reform Act 2014, after "fine" insert "or registered collection and enforcement order in relation to a registered infringement fine (as appropriate)".
(2)In section 10F(2) of the Fines Reform Act 2014—
(a)for "make a recommendation" substitute "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)";
(b)in paragraph (a), after "fine" insert "or registered collection and enforcement order in relation to a registered infringement fine (as appropriate)".
(3)In section 10F(4) of the Fines Reform Act 2014, after "infringement fine" insert "or registered collection and enforcement order in relation to a registered infringement fine (as appropriate)".
(4)For section 10F(5)(a) of the Fines Reform Act 2014 substitute—
"(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".
33Work and development permit guidelines
(1)After section 10L(1)(a) of the Fines Reform Act 2014 insert—
"(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".
(2)In section 10L(1)(b) of the Fines Reform Act 2014, for "or infringement fine" substitute ", infringement fine or registered collection and enforcement order in relation to a registered infringement fine".
34Referral for collection of court fine by Director
After section 13(1) of the Fines Reform Act 2014 insert—
"(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.".
35Court fine collection statement
For section 14(2)(b)(i) and (ii) of the Fines Reform Act 2014 substitute—
"(i)the details of the court fine imposed on the offender; and
(ii)that failure to pay the court fine as required by the order may result in the fine being registered for enforcement by the Director; and".
36Referral of enforcement hearing orders to Director for collection
(1)After section 15B(1) of the Fines Reform Act 2014 insert—
"(1A)Despite subsection (1), an enforcement hearing order made in respect of a person 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 enforcement and hearing order by the Director.".
(2)At the foot of section 15B of the Fines Reform Act 2014 insert—
"Note
See Part 5 for the management by a payment arrangement of an enforcement hearing order that may or may not have been the subject of an instalment order or a time to pay order.".
37Registration of infringement fine with Director
After section 16(2) of the Fines Reform Act 2014 insert—
"(2A)Despite subsection (1), an infringement fine is not registered with the Director for enforcement until an enforcement agency provides the Director with the prescribed information.".
37ADirector may decide that enforcement of infringement offence under this Act is not appropriate
(1)In section 20(1A) of the Fines Reform Act 2014—
(a)in paragraph (b), for "available." substitute "available;";
(b)after paragraph (b) insert—
"(c)if a tollway operator has withdrawn a request made to an enforcement agency to serve an infringement notice because the tollway operator considers it appropriate to do so having considered the circumstances of the person.".
(2)In section 20(2)(a) of the Fines Reform Act 2014, for "a seven-day" substitute "subject to subsection (2A), a seven-day".
(3)After section 20(2) of the Fines Reform Act 2014 insert—
"(2A)Subsection (2)(a) does not apply to a seven‑day notice that has been served in respect of a registered infringement fine if the infringement offence in respect of which the infringement notice was issued is—
(a)an offence against section 204(1) of the EastLink Project Act 2004; or
(b)an offence against section 73(1) of the Melbourne City Link Act 1995; or
(c)an offence against section 69(1) of the North East Link Act 2020; or
(d)an offence against section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.".
(4)After section 20(4) of the Fines Reform Act 2014 insert—
"(5)In this section—
tollway operator means any of the following—
(a)the Freeway Corporation within the meaning of the EastLink Project Act 2004;
(b)the relevant corporation within the meaning of the Melbourne City Link Act 1995;
(c)the relevant North East Link Tolling Corporation within the meaning of the North East Link Act 2020;
(d)the relevant West Gate Tunnel Corporation within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.".
38New section 32A inserted
After section 32 of the Fines Reform Act 2014 insert—
"32A More time to obtain evidence in certain circumstances
(1)This section applies to a person making an application for review under section 32(1)(b) or (c).
(2)If this section applies to a person, the person may request additional time to obtain evidence in support of their application under section 32(1)(b) or (c).
(3)A request under subsection (2) must—
(a)be in writing; and
(b)subject to subsection (5), be made at the same time as the application under section 32.
(4)On receiving a request under subsection (2), the Director must grant an extension of time to the person as follows—
(a)in respect of a request in support of an application under section 32(1)(b), for a period no longer than 3 months unless the Director considers that a longer period may be necessary in the circumstances;
(b)in respect of a request in support of an application under section 32(1)(c), for any period the Director considers appropriate.
(5)A request under subsection (2) may be made after the application under section 32 is made if the Director has not made a determination under section 35.
(6)If a request is made in accordance with subsection (5), the decision to grant or refuse the person additional time is at the discretion of the Director.".
39Request for additional information
(1)For section 34(2), (3) and (4) of the Fines Reform Act 2014 substitute—
"(2)The Director's request under subsection (1) must specify the time within which the applicant must provide the additional information.".
(2)In section 34(5) of the Fines Reform Act 2014, for "required (including any extended period)" substitute "specified under subsection (2)".
40Issue of enforcement warrant
(1)For section 106(1) and (2) of the Fines Reform Act 2014 substitute—
"(1)If the Director is satisfied of one of the following, the Director may apply to a registrar for an enforcement warrant to be issued against a fine defaulter—
(a)a notice of final demand was served on the fine defaulter and the fine defaulter failed to comply with that notice by—
(i)defaulting in the payment of a registered fine specified in the notice; or
(ii)defaulting in the payment of a registered collection and enforcement order specified in the notice; or
(iii)failing to take any other action specified in the notice within the time specified in the notice;
(b)a payment arrangement was made with the fine defaulter and the fine defaulter defaulted in the payment of that payment arrangement;
(c)the fine defaulter failed to report as required under section 152(b) to the community corrections centre specified in a community work permit imposed on the fine defaulter;
(d)the fine defaulter is the subject of any other unsatisfied enforcement warrant that is in force.
(2)A registrar must issue an enforcement warrant on the application of the Director.".
(2)In section 106(3) of the Fines Reform Act 2014, for "An enforcement warrant issued under subsection (2)(c)" substitute "If the Director applies for an enforcement warrant under subsection (1)(c), the enforcement warrant issued under subsection (2)".
41Warning of execution of enforcement warrant—seven-day notice
(1)In section 119(3)(b) of the Fines Reform Act 2014, after "review" insert "which has not been determined".
(2)In section 119(3) of the Fines Reform Act 2014—
(a)in paragraph (d), for "determined." substitute "determined; or";
(b)after paragraph (d) insert—
"(e)has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined.".
42Executing enforcement warrant after expiry of seven-day notice
After section 121(2)(e) of the Fines Reform Act 2014 insert—
"(ea)has applied for a determination that they are an FVS eligible person for the purposes of the family violence scheme and that application has not been determined; or".
43Amendment of Part 14 heading
In the heading to Part 14 of the Fines Reform Act 2014, after "fines," insert "registered court fines,".
44Definitions for Part 14
In section 163 of the Fines Reform Act 2014—
(a)insert the following definitions—
"relevant court means (as the case requires)—
(a)in respect of a relevant infringement fine, the Magistrates' Court; or
(b)in respect of a relevant court fine imposed by the County Court, the County Court; or
(c)in respect of a relevant court fine imposed by the Magistrates' Court, the Magistrates' Court;
relevant court fine means—
(a)a registered court fine other than a court fine referred to the Director under Part 3 imposed by the Supreme Court; or
(b)a registered collection and enforcement order made in respect of an outstanding registered court fine other than an outstanding registered court fine imposed by the Supreme Court;";
(b)for the definition of appropriate action substitute—
"appropriate action, by the Director, means—
(a)an application to the relevant court under section 171A on behalf of a person to whom Division 1A applies; or
(b)waiving an outstanding amount under a relevant infringement fine or relevant court fine under section 171AD;".
45Amendment of Division 1A of Part 14 heading
In the heading to Division 1A of Part 14 of the Fines Reform Act 2014 omit "in custody".
46Section 171AA substituted
For section 171AA of the Fines Reform Act 2014 substitute—
"171AA Application of Division
This Division applies to a person—
(a)who—
(i)is in custody serving a term of imprisonment; or
(ii)was in custody but is no longer in custody because any of the following has occurred—
(A)the charges against the person have been withdrawn;
(B)the person has been sentenced to a term of imprisonment but is not required to spend any additional time in custody as a result of that sentence because of the length of the sentence and the time the person has already spent in custody;
(C)the charges against the person in respect of which the person was taken into custody have been heard and determined without the imposition of a term of imprisonment; and
(b)who is the subject of—
(i)a relevant infringement fine; or
(ii)a relevant court fine.".
47Request to Director for waiver or to make application for time served order
(1)In section 171AB of the Fines Reform Act 2014—
(a)after "fines" insert "or relevant court fines";
(b)in paragraph (a), for "Magistrates' Court" substitute "relevant court".
(2)At the end of section 171AB of the Fines Reform Act 2014 insert—
"(2)A request made under subsection (1) by a person specified in section 171AA(a)(i) must be made while the person is in custody.
(3)A request made under subsection (1) by a person specified in section 171AA(a)(ii) must be made no later than 6 months after the person is released from custody.".
48Appropriate action—application to the Magistrates' Court by Director
(1)In the heading to section 171AC of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
(2)In section 171AC of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
(3)For section 171AC(b) of the Fines Reform Act 2014 substitute—
"(b)the outstanding amount under a relevant infringement fine of the person exceeds—
(i)the term of imprisonment of the person in respect of a non-fine related sentence; and
(ii)any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—
where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine;
(c)the outstanding amount under a relevant court fine of the person exceeds—
(i)the term of imprisonment of the person in respect of a non-fine related sentence; and
(ii)any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i)—
where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant court fine;
(d)the outstanding amount under a relevant infringement fine or relevant court fine exceeds the period of time the person spent in custody before the person was released where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine or relevant court fine.".
(4)At the end of section 171AC of the Fines Reform Act 2014 insert—
"(2)In this section—
relevant court fine does not include any additional fees and costs that have been added to the relevant court fine;
relevant infringement fine does not include any additional fees and costs that have been added to the relevant infringement fine.".
49Director must waive payment of relevant infringement fines if section 171AC does not apply
(1)In the heading to section 171AD of the Fines Reform Act 2014, after "fines" insert "or relevant court fines".
(2)In section 171AD(1) of the Fines Reform Act 2014—
(a)after "fine" insert "or relevant court fine";
(b)for "Magistrates' Court" substitute "relevant court".
(3)In section 171AD(2) of the Fines Reform Act 2014, after "fine" insert "or relevant court fine".
(4)For the note at the foot of section 171AD of the Fines Reform Act 2014 substitute—
"Note
The waiver of an outstanding amount of a relevant infringement fine or relevant court fine of a person under this section includes the waiver of any fees and costs added to the relevant infringement fine or relevant court fine.".
50Effect of waiving payment of outstanding amount of relevant infringement fine
(1)In section 171AE of the Fines Reform Act 2014, after "infringement fine" (where secondly occurring) insert "solely".
(2)In section 171AE of the Fines Reform Act 2014, for "term of imprisonment" (where secondly occurring) substitute "period spent in custody".
51Amendment of Division 2 of Part 14 heading
In the heading to Division 2 of Part 14 of the Fines Reform Act 2014, after "fines" insert "and relevant court fines".
52New section 171AF inserted
Before section 171A of the Fines Reform Act 2014 insert—
"171AF Definitions
In this Division—
relevant court fine does not include any additional fees and costs that have been added to the relevant court fine;
relevant infringement fine does not include any additional fees and costs that have been added to the relevant infringement fine.".
53Application of the Director on behalf of person in custody
(1)In the heading to section 171A of the Fines Reform Act 2014 omit "in custody".
(2)In section 171A(1) of the Fines Reform Act 2014—
(a)for "subsection (4)" substitute "subsections (4) and (5)";
(b)for "Magistrates' Court" substitute "relevant court";
(c)after "fine" insert "or relevant court fine".
(3)In section 171A(2) of the Fines Reform Act 2014—
(a)for "171AC(a)" substitute "171AC(1)(a)";
(b)for "Magistrates' Court" substitute "relevant court".
(4)For section 171A(3) of the Fines Reform Act 2014 substitute—
"(3)If section 171AC(1)(b) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a)an order under section 171B; and
(b)an order under section 171C in relation to the amount of the relevant infringement fine that will exceed—
(i)the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(b); and
(ii)any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).
(3A)If section 171AC(1)(c) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a)an order under section 171B; and
(b)an order under section 171C in relation to the amount of the relevant court fine that will exceed—
(i)the term of imprisonment of the person in respect of the person's non‑fine related sentence in accordance with section 171AC(1)(c); and
(ii)any time the person spent in custody before being sentenced to the term of imprisonment specified in subparagraph (i).
(3B)If section 171AC(1)(d) applies to a person, the Director must apply to the relevant court on behalf of the person for—
(a)an order under section 171B; and
(b)an order under section 171C in relation to the amount of the relevant infringement fine or relevant court fine that will exceed the period the person spent in custody.".
(5)In section 171A(4) of the Fines Reform Act 2014—
(a)for "The" substitute "Subject to subsection (4A), the";
(b)for "Magistrates' Court" substitute "relevant court".
(6)After section 171A(4) of the Fines Reform Act 2014 insert—
"(4A)The Director may make an application to the relevant court in accordance with this section on behalf of a person who is no longer in custody if the person is no longer in custody because of a reason specified in section 171AA(a)(ii).".
54Time served orders
(1)For section 171B(1) of the Fines Reform Act 2014 substitute—
"(1)The relevant court may order that the person who is the subject of an application under section 171A(3), (3A) or (3B) (as the case requires)—
(a)serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine in default of payment of that relevant infringement fine; or
(b)serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant court fine in default of payment of that relevant court fine; or
(c)be held in custody for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the relevant infringement fine or relevant court fine in default of payment of that relevant infringement fine or relevant court fine.".
(2)In section 171B(2) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court";
(c)after "section 171A(3)" insert ", (3A) or (3B)".
(3)In section 171B(3) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)in paragraph (a), for "Court" substitute "court";
(c)in paragraph (b) omit "after the Director applied to the Court under section 171A(3)".
(4)In section 171B(4) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)after "fine" insert "or relevant court fine".
(5)In section 171B(5) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
55Orders of Magistrates' Court for any relevant infringement fine or any remaining amount
(1)In the heading to section 171C of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "fine" substitute "fine, relevant court fine".
(2)In section 171C(1) of the Fines Reform Act 2014—
(a)in paragraph (b), for "Magistrates' Court" substitute "relevant court";
(b)in paragraph (b)(ii), for "sentence." substitute "sentence; or";
(c)after paragraph (b) insert—
"(c)the person has been released from custody and the term imposed under the time served order exceeds the time the person spent in custody.".
(3)In section 171C(2) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
(4)For section 171C(2)(a), (b) and (c) of the Fines Reform Act 2014 substitute—
"(a)discharging in full any—
(i)relevant infringement fine; or
(ii)relevant court fine; or
(b)discharging in part any—
(i)relevant infringement fine; or
(ii)relevant court fine; or
(c)discharging in part any—
(i)relevant infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or
(ii)relevant court fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or".
(5)In section 171C(4) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
(6)In section 171C(5) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court";
(c)in paragraph (a), after "fine" insert "or relevant court fine".
(7)In section 171C(6) of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
(8)In section 171C(7) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
56Additional powers of the Magistrates' Court
(1)In the heading to section 171D of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
(2)In section 171D(1) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court";
(c)after "fine" (where twice occurring) insert "or relevant court fine".
(3)In section 171D(2) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)after "fine" (where first occurring) insert "or relevant court fine";
(c)in paragraph (a), after "1989" insert "or as otherwise authorised by law";
(d)for paragraph (b) substitute—
"(b)the court may make an instalment order in respect of the payment of any relevant infringement fine or relevant court fine.".
(3)In section 171D(3) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)after "fine" insert "or relevant court fine";
(c)for "the Court" substitute "the court";
(d)after "1989" insert "or as otherwise authorised by law".
(4)In section 171D(4) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" (where twice occurring) substitute "the court".
(5)In section 171D(5) of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
(6)In section 171D(6) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
57Term of imprisonment including whether cumulative or concurrent
In section 171E(1) of the Fines Reform Act 2014, after "fine" insert "or relevant court fine (as appropriate)".
58Contact details of person
(1)In section 171F(1) of the Fines Reform Act 2014—
(a)for "or (3)" substitute ", (3) or (3A)";
(b)in paragraphs (a) and (b), for "Magistrates' Court" substitute "relevant court".
(2)After section 171F(1) of the Fines Reform Act 2014 insert—
"(1A)A person specified in section 171AA(a)(ii) who makes a request under section 171AB must give their contact details to the Director when they make their request to enable the Director to notify the person (if necessary) of—
(a)the relevant details of the application, including when and where it will be heard by the relevant court; and
(b)if the person fails to appear before the relevant court, the outcome of the application.".
(3)In section 171F(2) of the Fines Reform Act 2014, for "subsection (1)" substitute "subsections (1) and (1A)".
59Variation of instalment order
In section 171G of the Fines Reform Act 2014—
(a)for "Magistrates' Court" (where twice occurring) substitute "relevant court";
(b)in subsection (2)(b), for "the Court" substitute "the court".
60Application for rehearing in certain circumstances
In section 171H of the Fines Reform Act 2014—
(a)for "Magistrates' Court" (where eight times occurring) substitute "relevant court";
(b)in subsection (6), for "the Court" (where twice occurring) substitute "the court".
61Determination of rehearing
(1)In section 171I(1) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" (where twice occurring) substitute "the court".
(2)In section 171I(2) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "the Court" substitute "the court".
(3)In section 171I(3) of the Fines Reform Act 2014, for "Magistrates' Court" substitute "relevant court".
62Application for bail pending rehearing
In section 171J of the Fines Reform Act 2014, for "Magistrates' Court" (where twice occurring) substitute "relevant court".
63New section 171L inserted
After section 171K of the Fines Reform Act 2014 insert—
"171L Waiver of additional fees and costs
(1)If the relevant court makes an order under section 171B(1), 171C(2), 171C(4), 171D(1) or 171D(2)(b) and the order relates to an infringement fine or court fine to which additional fees and costs have been added, those additional fees and costs are waived.
(2)In this section—
additional fees and costs means any additional fees and costs that have been added to the infringement penalty or court fine under this Act or the Infringements Act 2006.".
64Enforcement and payment report
In section 172(1)(f) of the Fines Reform Act 2014—
(a)for "Magistrates' Court" substitute "relevant court";
(b)for "or (3)" substitute ", (3), (3A) or (3B)".
65Service of documents
(1)After section 179(1)(c) of the Fines Reform Act 2014 insert—
"(ca)by email or other electronic communication if a person to be given or served documents—
(i)is of or above the age of 16 years; and
(ii)has consented orally or in writing to receiving documents by email or other electronic communication; and
(iii)has nominated an electronic address by which they can receive an email or other electronic communication; or
(cb)by sending the document electronically to an address for the person to be served contained in a prescribed electronic address database; or".
(2)The note at the foot of section 179(1) of the Fines Reform Act 2014 is repealed.
(3)After section 179(2) of the Fines Reform Act 2014 insert—
"(2A)Despite section 23(2), a notice of final demand may be served—
(a)by email or other electronic communication if a person to be served the notice—
(i)is of or above the age of 16 years; and
(ii)has consented orally or in writing to receiving documents by email or other electronic communication; and
(iii)has nominated an electronic address by which they can receive an email or other electronic communication; or
(b)by sending the notice electronically to an address for the person to be served contained in a prescribed electronic address database.".
(4)After section 179(6) of the Fines Reform Act 2014 insert—
"(7)Subject to subsection (8), an email or other form of electronic communication is taken to have been received at the time the email or other form of electronic communication is sent.
(8)If an email or other form of electronic communication is sent after 4.00 p.m. on any day, it is taken to have been received on the next business day.".
Part 3—Amendment of Infringements Act 2006
66Guidelines
After section 5(1)(b) of the Infringements Act 2006 insert—
"(ba)the information to be contained in an annual report prepared under section 6A;".
67New section 6A inserted
After section 6 of the Infringements Act 2006 insert—
"6A Annual report
(1)The Attorney-General must prepare an annual report in respect of each financial year.
(2)The Attorney-General must publish an annual report on a website maintained by the Department of Justice and Community Safety.
(3)The annual report must—
(a)contain any information specified in guidelines made by the Attorney-General under section 5 as information to be contained in the annual report; and
(b)contain information relating to the exercise of the Director's internal review oversight function under Part 3A.".
68New section 21A inserted
After section 21 of the Infringements Act 2006 insert—
"21A Conduct of internal review
An internal review under this Division must be conducted by a person employed by—
(a)an enforcement agency authorised by or under an Act to prosecute the offence in respect of which the infringement notice is issued or served; or
(b)a prescribed person or body or a person or body which is a member of a prescribed class of person or body for the purposes of paragraph (c) of the definition of enforcement agency in section 3(1).".
69New section 31AA inserted
Before section 31 of the Infringements Act 2006 insert—
"31AA Definition
In this Division—
relevant fee means—
(a)any penalty reminder notice fee; and
(b)any fees added to the infringement penalty under—
(i)this Act or the regulations; or
(ii)the Fines Reform Act 2014 or the regulations under that Act.".
70Expiating the offence
In section 32(1), (1A)(a)(i) and (2)(a) of the Infringements Act 2006, for "any penalty reminder notice fee" substitute "any relevant fee".
71Effect of expiation
After section 33(3) of the Infringements Act 2006 insert—
"(4)For the avoidance of doubt, if an infringement notice is not withdrawn and the infringement penalty and any relevant fees are paid and the offence is expiated in accordance with section 32, no further action in respect of the offence may be taken under this Act or the Fines Reform Act 2014 by—
(a)the person who was served with the infringement notice; or
(b)the enforcement agency.".
72Decision to go to Court
After the note at the foot of section 40(4) of the Infringements Act 2006 insert—
"(5)This section does not apply to an infringement offence that has been expiated under section 32.
Note
No further action may be taken in respect of an expiated offence. See section 33(1)(a), (1A)(a) and (4).".
73Reports and recommendations to Attorney-General
Section 53D(1) and (2) of the Infringements Act 2006 are repealed.
74Service of documents
(1)After section 162(1)(ba) of the Infringements Act 2006 insert—
"(bb)by email or other electronic communication if a person to be given or served documents—
(i)is of or above the age of 16 years; and
(ii)has consented orally or in writing to receiving documents by email or other electronic communication; and
(iii)has nominated an electronic address by which they can receive an email or other electronic communication; or
(bc)by sending the document electronically to an address for the person to be served contained in a prescribed electronic address database; or".
(2)The note at the foot of section 162(1) of the Infringements Act 2006 is repealed.
(3)After section 162(6) of the Infringements Act 2006 insert—
"(6A)Subject to subsection (6B), an email or other form of electronic communication is taken to have been received at the time the email or other form of electronic communication is sent.
(6B)If an email or other form of electronic communication is sent after 4.00 p.m. on any day, it is taken to have been received on the next business day.".
75New section 167A inserted
After section 167 of the Infringements Act 2006 insert—
"167A Minor defects or errors in a notice
A notice issued or served under this Act is not void only because of a minor defect or error in it.".
76Regulations
After section 168(1)(e) of the Infringements Act 2006 insert—
"(f)prescribing an alternative method to give or serve documents required to be given or served under this Act; and".
Part 4—Amendment of Magistrates' Court Act 1989
77Section 137A repealed
Section 137A of the Magistrates' Court Act 1989 is repealed.
Part 5—Amendment of Road Safety Act 1986
78Suspension of motor vehicle or trailer registration
(1)In section 9AA(1A) of the Road Safety Act 1986, for "section 143(b)" substitute "section 142(b)".
(2)In section 9AA(2) of the Road Safety Act 1986, after "subsection (1)" insert "or (1A)".
79Extension of time if no actual notice for certain traffic infringements
(1)In section 67(1) of the Road Safety Act 1986, for "a registrar (within the meaning of the Fines Reform Act 2014)" substitute "the Director, Fines Victoria".
(2)In section 67(2)(b) of the Road Safety Act 1986, for "registrar" substitute "Director, Fines Victoria or registrar (as appropriate)".
(3)Section 67(3) of the Road Safety Act 1986 is repealed.
(4)In section 67(4) of the Road Safety Act 1986, for "Magistrates' Court" substitute "Director, Fines Victoria".
(5)In section 67(6)(da) of the Road Safety Act 1986, for "Director" substitute "Director, Fines Victoria".
(6)In section 67(7) of the Road Safety Act 1986—
(a)for "Magistrates' Court" substitute "Director, Fines Victoria";
(b)for "Director" substitute "Director, Fines Victoria".
80Traffic infringements
In section 88(3AA)(a) of the Road Safety Act 1986, for "Director" substitute "Director, Fines Victoria".
Part 6—Amendment of Sentencing Act 1991
81Definitions
In section 3(1) of the Sentencing Act 1991 insert the following definitions—
"collection fee has the same meaning as it has in the Fines Reform Act 2014;
enforcement warrant fee has the same meaning as it has in the Fines Reform Act 2014;
penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;".
82Person may consent to imprisonment in respect of unpaid fines
In section 16A(1) of the Sentencing Act 1991, for "A person who has one or more warrants issued against him or her under section 69 or any enforcement warrant issued against the person under the Fines Reform Act 2014 in respect of a registered court fine within the meaning of that Act," substitute "A person who has one or more warrants issued against them under section 69,".
83Issue of warrant to arrest person in default
After section 69(2) of the Sentencing Act 1991 insert—
"(2A)The court or proper officer must not issue a warrant under subsection (1) in respect of a registered court fine within the meaning of the Fines Reform Act 2014.".
84Who may execute warrant?
For section 69B(2) of the Sentencing Act 1991 substitute—
"(1A)A direction may be given by the sheriff under subsection (1) by—
(a)attaching the direction to the execution copy of the warrant; or
(b)issuing a warrant to the same effect as the warrant to arrest but directed in accordance with subsection (1).
(2)A warrant attaching a direction of the sheriff or issued by the sheriff in accordance with subsection (1A) authorises the person that is the subject of the direction to do all things that the person would have been directed and authorised to do if the warrant to arrest had been directed to the person.".
85Order of court if material change in circumstances of offender
After section 69G(3) of the Sentencing Act 1991 insert—
"(4)In this section and sections 69FA and 69H—
fine, in relation to any amount of the fine that remains outstanding or unpaid, includes any additional fees and costs that have been added to the fine under the Fines Reform Act 2014 and the Infringements Act 2006.".
86Enforcement of fines against bodies corporate
For section 69Y(2) and (3) of the Sentencing Act 1991 are substitute—
"(2)The court or proper officer must not issue a warrant under subsection (1) in respect of a registered court fine within the meaning of the Fines Reform Act 2014.".
Part 7—Amendment of Sheriff Act 2009
Division 1—Amendments relating to warrants
87Definitions
In section 3 of the Sheriff Act 2009, in paragraphs (a) and (b) of the definition of civil warrant omit "issued by a court and".
88Execution and return of warrants and other processes
(1)In section 13(1) of the Sheriff Act 2009, for "The" substitute "Subject to subsection (1A), the".
(2)After section 13(1) of the Sheriff Act 2009 insert—
"(1A)Subsection (1) does not apply to the return of a warrant under the Magistrates' Court Act 1989.".
89Execution of warrants that are in electronic form
At the foot of section 14(1)(c) of the Sheriff Act 2009 insert—
"Note
See section 120 of the Fines Reform Act 2014 in relation to the execution of enforcement warrants.".
90Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014
In section 16(1)(b) of the Sheriff Act 2009, for "140 or 141" substitute "131, 140, 141 or 145".
91Power to direct a person to do something
In section 31(1)(c) of the Sheriff Act 2009, for "140 or 141" substitute "131, 140, 141 or 145".
92New section 33A inserted
After section 33 of the Sheriff Act 2009 insert—
"33A How unsold property to be handled
(1)This section applies as follows—
(a)to the execution of a warrant or warrants under—
(i)section 74(a) or 111(3)(a) of the Magistrates' Court Act 1989; or
(ii)the County Court Act 1958; or
(iii)the Supreme Court Act 1986; or
(iv)section 109(1)(b)(i) of the Fines Reform Act 2014;
(b)if personal property seized, taken or coming into the possession of the sheriff in the execution of a warrant or warrants under those Acts—
(i)is not to be sold; or
(ii)is offered for sale but is not bought; or
(iii)is bought, but is not collected by the buyer.
(2)The sheriff—
(a)must give the owner of the property (or the person from whom the property was seized if the owner is not known) a written notice—
(i)stating that the property is available for retrieval; and
(ii)providing details of how the property may be retrieved; and
(b)may dispose of the property in any manner the sheriff considers appropriate if the property has not been retrieved within 3 months after the date the notice was given or sent.
(3)It is sufficient compliance with subsection (2)(a) ifthe sheriff sends the notice by post to the last known address of the person.".
93Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee
In section 47(b) of the Sheriff Act 2009, for "140 or 141" substitute "131, 140, 141 or 145".
Division 2—Amendments relating to service of foreign and interstate documents
94Definitions
In section 3 of the Sheriff Act 2009 insert the following definitions—
"Convention country means a country, other than Australia, that is a party to the Hague Convention;
foreign judicial document means a judicial document that originates in a Convention country and relates to any civil proceeding in a court of that country;
Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965;
interstate or Commonwealth judicial document means a judicial document that relates to any civil proceeding in a court of another State or the Commonwealth;".
95New Division 2A of Part 5 inserted
After Division 2 of Part 5 of the Sheriff Act 2009 insert—
"Division 2A—Service of foreign, interstate and Commonwealth judicial documents
55BService of certain judicial documents
(1)The sheriff must serve a foreign judicial document if requested to do so by the Supreme Court.
(2)The sheriff may serve an interstate or Commonwealth judicial document if requested to do so by a party to the proceeding to which the document relates.".
96Regulations
After section 56(1)(a) of the Sheriff Act 2009 insert—
"(ab)fees or charges payable in respect of the service of—
(i)a foreign judicial document; or
(ii)an interstate or Commonwealth judicial document;".
Part 8—Amendment of Taxation Administration Act 1997
97Permitted disclosures to particular persons or for particular purposes
After section 92(1)(e)(xv) of the Taxation Administration Act 1997 insert—
"(xvi)the Director, Fines Victoria or the sheriff under the Fines Reform Act 2014 for the purpose of enforcing a registered fine, registered collection and enforcement order or warrant under that Act; or".
Part 9—Amendment of tolling Acts
Division 1—Amendment of EastLink Project Act 2004
98Definition
In section 3(1) of the EastLink Project Act 2004 insert the following definition—
"Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;".
99Freeway Corporation may notify enforcement agency of non-payment of toll
After section 207(5) of the EastLink Project Act 2004 insert—
"(6)After a request is made to the enforcement agency under subsection (1)(b)(i) or (ii), the Freeway Corporation may withdraw that request if the Freeway Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.
(7)If the Freeway Corporation withdraws a request under subsection (6), it must notify the enforcement agency of that withdrawal.
(8)On receiving a notification under subsection (7), the enforcement agency must withdraw any infringement notice served in respect of the request that the Freeway Corporation has withdrawn under subsection (6).
(9)If an enforcement agency withdraws an infringement notice under subsection (8)—
(a)the enforcement agency—
(i)must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and
(ii)must not take any further action with respect to the matter; and
(b)the Freeway Corporation must not take any further action with respect to the matter.".
100Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)In section 219A(1) of the EastLink Project Act 2004, for "a registrar (within the meaning of the Fines Reform Act 2014)" substitute "the Director, Fines Victoria".
(2)In section 219A(2)(b) of the EastLink Project Act 2004, for "registrar" substitute "Director, Fines Victoria or registrar (as appropriate)".
(3)Section 219A(3) of the EastLink Project Act 2004 is repealed.
(4)In section 219A(4) of the EastLink Project Act 2004, for "Magistrates' Court" substitute "Director, Fines Victoria".
(5)In section 219A(6)(da) of the EastLink Project Act 2004, for "Director" substitute "Director, Fines Victoria".
(6)In section 219A(7) of the EastLink Project Act 2004—
(a)for "Magistrates' Court" substitute "Director, Fines Victoria";
(b)for "Director" substitute "Director, Fines Victoria".
Division 2—Amendment of Melbourne City Link Act 1995
101Definitions
In section 3 of the Melbourne City Link Act 1995 insert the following definition—
"Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;".
102Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
After section 77(2) of the Melbourne City Link Act 1995 insert—
"(3)After a request is made to the enforcement agency under subsection (1)(b)(ii), the relevant corporation may withdraw that request if the relevant corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.
(4)If the relevant corporation withdraws a request under subsection (3), it must notify the enforcement agency of that withdrawal.
(5)On receiving a notification under subsection (4), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant corporation has withdrawn under subsection (3).
(6)If an enforcement agency withdraws an infringement notice under subsection (5)—
(a)the enforcement agency—
(i)must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and
(ii)must not take any further action with respect to the matter; and
(b)the relevant corporation must not take any further action with respect to the matter.".
103Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)In section 87A(1) of the Melbourne City Link Act 1995, for "a registrar within the meaning of the Fines Reform Act 2014" substitute "the Director, Fines Victoria".
(2)In section 87A(2)(b) of the Melbourne City Link Act 1995, for "registrar" substitute "Director, Fines Victoria or registrar (as appropriate)".
(3)Section 87A(3) of the Melbourne City Link Act 1995 is repealed.
(4)In section 87A(4) of the Melbourne City Link Act 1995, for "Magistrates' Court" substitute "Director, Fines Victoria".
(5)In section 87A(6)(da) of the Melbourne City Link Act 1995, for "Director" substitute "Director, Fines Victoria".
(6)In section 87A(7) of the Melbourne City Link Act 1995—
(a)for "Magistrates' Court" substitute "Director, Fines Victoria";
(b)for "Director" substitute "Director, Fines Victoria".
Division 3—Amendment of North East Link Act 2020
104Definitions
In section 3 of the North East Link Act 2020—
(a)insert the following definition—
"Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;";
(b)the definition of Magistrates' Court registrar is repealed.
105Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll
After section 79(3) of the North East Link Act 2020 insert—
"(4)After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant North East Link Tolling Corporation may withdraw that request if the relevant North East Link Tolling Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.
(5)If the relevant North East Link Tolling Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.
(6)On receiving a notification under subsection (5), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant North East Link Tolling Corporation has withdrawn under subsection (4).
(7)If an enforcement agency withdraws an infringement notice under subsection (6)—
(a)the enforcement agency—
(i)must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and
(ii)must not take any further action with respect to the matter; and
(b)the relevant North East Link Tolling Corporation must not take any further action with respect to the matter.".
106Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)In section 90(1) of the North East Link Act 2020, for "a Magistrates' Court registrar" substitute "the Director, Fines Victoria".
(2)In section 90(2)(b) of the North East Link Act 2020 for "Magistrates' Court registrar" substitute "Director, Fines Victoria".
(3)Section 90(3) of the North East Link Act 2020 is repealed.
(4)In section 90(4) of the North East Link Act 2020, for "Magistrates' Court" substitute "Director, Fines Victoria".
107Granting extension of time
(1)In section 91(2)(e) of the North East Link Act 2020, for "Director" substitute "Director, Fines Victoria".
(2)In section 91(3) of the North East Link Act 2020—
(a)for "Magistrates' Court" substitute "Director, Fines Victoria";
(b)for "Director" substitute "Director, Fines Victoria".
Division 4—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
108Definitions
In section 3 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019—
(a)insert the following definition—
"Director, Fines Victoria has the same meaning as Director has in section 3 of the Fines Reform Act 2014;";
(b)the definition of Magistrates' Court registrar is repealed.
109Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll
After section 41(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 insert—
"(4)After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant West Gate Tunnel Corporation may withdraw that request if the relevant West Gate Tunnel Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.
(5)If the relevant West Gate Tunnel Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.
(6)On receiving a notification under subsection (5), the enforcement agency must withdraw any infringement notice served in respect of the request that the relevant West Gate Tunnel Corporation has withdrawn under subsection (4).
(7)If an enforcement agency withdraws an infringement notice under subsection (6)—
(a)the enforcement agency—
(i)must notify the person who was served the infringement notice that the infringement notice has been withdrawn; and
(ii)must not take any further action with respect to the matter; and
(b)the relevant West Gate Tunnel Corporation must not take any further action with respect to the matter.".
110Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
(1)In section 52(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "a Magistrates' Court registrar" substitute "the Director, Fines Victoria".
(2)In section 52(2)(b) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "Magistrates' Court registrar" substitute "Director, Fines Victoria".
(3)Section 52(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 is repealed.
(4)In section 52(4) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "Magistrates' Court" substitute "Director, Fines Victoria".
111Granting extension of time
(1)In section 53(2)(e) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, for "Director" substitute "Director, Fines Victoria".
(2)In section 53(3) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019—
(a)for "Magistrates' Court" substitute "Director, Fines Victoria";
(b)for "Director" substitute "Director, Fines Victoria".
Part 10—Amendment of Transfer of Land Act 1958
112Sale under writ of fieri facias or decree of Supreme Court etc.
In section 52(3) and (5) of the Transfer of Land Act 1958, for "three" substitute "6".
Part 11—Repeal of this Act
113Repeal of this Act
This Act is repealed on 8 March 2025.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 9 March 2022
Legislative Council: 24 March 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Fines Reform Act 2014, the Infringements Act 2006, the Magistrates' Court Act 1989, the Road Safety Act 1986, the Sentencing Act 1991, the Sheriff Act 2009, the EastLink Project Act 2004, the Melbourne City Link Act 1995, the North East Link Act 2020, the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, the Taxation Administration Act 1997 and the Transfer of Land Act 1958 and other Acts and for other purposes."
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