Magistrates' Court General (Amendment) Regulations 2006 (Vic)

Magistrates' Court General (Amendment) Regulations 2006

S.R. No. 6/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Substitution of Part heading

6.Insertion of new Divisions 2 and 3

Division 2—Payment Plans

1210.Eligibility criteria for payment plans

Division 3—Fees Waiver

1211.Definitions

1212.Application of Division

1213.Fees and costs waived

1214.Other circumstances where waiver may apply

1215.Effect of waiver

1216.Default after fees and costs are waived

7.Amendment of Schedule 6

8.Insertion of new Schedule 10

SCHEDULE 10—Government Enforcement Agencies

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 6/2006

Magistrates' Court Act 1989

Magistrates' Court General (Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 31 January 2006

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Magistrates' Court General Regulations 2000 to—

(a)prescribe certain matters in relation to payment plans for the purposes of Part 5 of Schedule 7 to the Magistrates' Court Act 1989;

(b)provide for the waiver of certain fees and costs payable in respect of infringement penalties registered under Schedule 7 to the Magistrates' Court Act 1989.

2.Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3.Commencement

These Regulations come into operation on 1 February 2006.

4.Principal Regulations

In these Regulations, the Magistrates' Court General Regulations 2000[1] are called the Principal Regulations.

5.Substitution of Part heading

For the heading to Part 12 of the Principal Regulations substitute—

"PART 12—PERIN (PENALTY ENFORCEMENT BY REGISTRATION OF INFRINGEMENT NOTICES) AND RELATED MATTERS

Division 1—PERIN".

6.Insertion of new Divisions 2 and 3

After regulation 1209 of the Principal Regulations insert—

'Division 2—Payment Plans

1210.Eligibility criteria for payment plans

For the purposes of clause 34(2) of Schedule 7 to the Act, the prescribed eligibility criteria is that a person is an eligible beneficiary within the meaning of the State Concessions Act 2004.

Division 3—Fees Waiver

1211.Definitions

In this Division—

"enforcement fee" means the fee set out in item 15 of the Table in regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001[2];

"enforcement order" means an order made by the registrar under clause 5 of Schedule 7 to the Act;

"Government enforcement agency" means an agency listed in Schedule 10;

"instalment order" means an order made by the registrar under clause 7(2) of Schedule 7 to the Act;

"registered infringement penalty" means an infringement penalty that has been registered under clause 4(3) of Schedule 7 to the Act;

"registration costs" means the costs set out in item 18 of the Table in regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001;

"waiver period" means the period commencing 1 February 2006 and ending on 31 May 2006;

"warrant" means a warrant issued under clause 8(1) of Schedule 7 to the Act;

"warrant issue fee" means the fee set out in item 16 of the Table in regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001.

1212.Application of Division

This Division applies only in respect of registered infringement penalties for which an infringement notice was issued or served by a Government enforcement agency.

1213.Fees and costs waived

(1)If a person pays a fine in respect of a registered infringement penalty during the waiver period and a warrant has not been issued against that person, the following fees and costs in respect of that registered infringement penalty are waived—

(a)the enforcement fee;

(b)the registration costs.

(2)If a person pays a fine in respect of a registered infringement penalty during the waiver period and a warrant has been issued against that person, the following fees and costs in respect of that registered infringement penalty are waived—

(a)the enforcement fee;

(b)the registration costs;

(c)any warrant issue fee.

1214.Other circumstances where waiver may apply

(1)During the waiver period, if—

(a)the registrar makes an instalment order in respect of a person against whom an enforcement order has been made; and

(b)a warrant has not been issued against that person—

the following fees and costs are waived—

(c)the enforcement fee;

(d)the registration costs.

(2)During the waiver period, if—

(a)the registrar makes an instalment order in respect of a person against whom an enforcement order has been made; and

(b)a warrant has been issued against that person—

the following fees and costs are waived—

(c)the enforcement fee;

(d)the registration costs;

(e)any warrant issue fee.

(3)If an instalment order was made by the registrar before the commencement of the waiver period and the person is complying with the instalment order during the waiver period, any of the following fees that constituted part of the total amount of the fine when the instalment order was made and remaining outstanding at the commencement of the waiver period are waived—

(a)the enforcement fee;

(b)the registration costs;

(c)any warrant issue fee.

1215.Effect of waiver

If fees and costs are waived in respect of a registered infringement penalty in accordance with this Division—

(a)the amount of the relevant fine in respect of that registered infringement penalty is reduced accordingly; and

(b)the relevant fine is taken to be satisfied if the person pays the reduced amount of the fine—

(i)during the waiver period; or

(ii)if an instalment order has been made, in accordance with that instalment order irrespective of whether the final payment under the instalment order is made during or after the waiver period.

1216.Default after fees and costs are waived

(1)If in respect of a registered infringement penalty a person defaults in the payment of a fine or part of a fine after the enforcement fee and registration costs have been waived in accordance with this Division, the waived fee and costs—

(a)are reinstated; and

(b)become payable as part of the outstanding fine recoverable in accordance with Schedule 7 to the Act.

(2)If in respect of a registered infringement penalty a person defaults in the payment of a fine or part of a fine after any warrant issue fee has been waived in accordance with this Division, the waived warrant issue fee is reinstated and becomes payable as part of the outstanding fine recoverable in accordance with Schedule 7 to the Act unless the warrant issue fee is in respect of a warrant recalled and cancelled under section 58 of the Act.'.

7.Amendment of Schedule 6

In Form 2 of Schedule 6 to the Principal Regulations—

(a)for item (e) substitute—

"(e)if a payment plan applies to a person—

(i)the person has defaulted in making a payment under the payment plan; and

(ii)the amount specified in field 19 of the document still remains to be paid;

(ea)if a part payment of the infringement penalty and prescribed costs otherwise than under a payment plan has been made—

(i)no further payments have been made; and

(ii)the amount specified in field 19 of the document still remains to be paid;";

(b)for the words and expressions beginning "I also certify" and ending "to pay by instalments." substitute—

"I also certify that all money received in part payment was appropriated to the infringement penalty and prescribed costs and received as a consequence of the person against whom the infringement was issued—

(a)agreeing to pay the infringement penalty and prescribed costs by a payment plan; or

(b)making a part payment of the infringement penalty and prescribed costs otherwise than under a payment plan.".

8.Insertion of new Schedule 10

After Schedule 9 to the Principal Regulations insert—

"__________________

SCHEDULE 10

Regulation 1211

GOVERNMENT ENFORCEMENT AGENCIES

1.    Consumer and Business Affairs Victoria.

2.    Department of Human Services.

3.    Department of Human Services (Tobacco).

4.    Department of Infrastructure.

5.    Department of Natural Resources and Environment.

6.    Department of Primary Industries.

7.    Department of Sustainability and Environment.

8.    Department of Treasury and Finance.

9.    Director of Consumer Affairs Victoria.

10.  Docklands Authority.

11.  Energy Safe Victoria.

12.  Environment Protection Authority.

13.  House Committee, Parliament of Victoria.

14.  Marine Board of Victoria.

15.  Marine Safety Victoria.

16.  Melbourne Docklands Authority.

17.  Office of Chief Electrical Inspector.

18.  Roads Corporation.

19.  Tow Truck Directorate of Victoria.

20.  Trade Measurement Victoria.

21.  Victoria Police.

22.  Each of the following administrative units
or groups within the Victoria police force—

(a)Toll Enforcement Office;

(b)Traffic Camera Office.

23.  Victorian Taxi Directorate.

24.  Victorian WorkCover Authority.".

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2000.  Reprint No. 2 as at 16 March 2005.  Reprinted to S.R. No. 10/2005.  Subsequently amended by S.R. No. 99/2005.

[2] Reg. 6 (proposed reg. 1211 def. of "enforcement fee"): S.R. No. 68/2001 as amended by S.R. Nos 54/2003, 88/2004 and 104/2005.