Untitled document

Fines Reform and Infringements Acts Amendment Act 2016

No. 29 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Fines Reform Act 2014

3Commencement of Fines Reform Act 2014

4Definitions

5Powers to waive or reduce costs or fees

6New Part 2A inserted

7Referral for collection of court fine by Director

8Registration of court fine for enforcement

9Registration of infringement fine with Director

10Extended period for registration

11Director may decide that enforcement of infringement offence under this Act is not appropriate

12Enforcement agency may prosecute or withdraw infringement notice

13New section 21A inserted

14Effect of notice of final demand in case of registered infringement fine

15Options for enforcement of body corporate fine

16Declared director

17Director of body corporate may challenge being declared director

18Application of enforcement review

19Limit on applications for enforcement review

20Conduct of enforcement actions during enforcement review

21Outcome of enforcement review

22Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation

23New section 38A inserted

24Extended period for commencing proceeding for offence

25Time to pay or enter payment arrangement if infringement confirmation served

26Summons for oral examination and production of information

27Application of Part 8

28Sanctions that may be imposed on a fine defaulter

29New section 94A inserted

30Land becomes subject to charge

31Removal of land charge

32Imprisonment of person on execution of enforcement warrant

33Warning of execution of enforcement warrant—seven-day notice

34Executing enforcement warrant after expiry of seven-day notice

35Stay of an enforcement warrant

36Notice to be provided on removal of number plates

37Heading to Part 14 substituted and Division 1 heading inserted

38Application of Division 1 of Part 14

39Section 165 substituted

40New sections 165A and 165B inserted

41Amendments consequential on substitution of section 165

42New Division 2 inserted into Part 14

43New Division heading inserted into Part 14

44Enforcement and payment report

45Regulations

46New sections 186A to 186E inserted

47Lodgeable infringement offences

48Section 200 substituted

49New section 201A inserted

50Infringement offences, internal review and work and development permits consequential amendments and repeals

51Section 239 substituted

52Imprisonment in default of payment of outstanding fines

53Regulations—work and development permit powers inserted

54New Part 16 inserted

55Section 282 substituted

56Section 283 substituted

57New section 9AG inserted into Road Safety Act 1986

58Repeal of amending Parts of Fines Reform Act 2014

Part 3—Amendment of Infringements Act 2006

Division 1—Interim arrangements for lodgeable infringement offences

59Definitions

60Infringement offences to which this Act applies

Division 2—Interim arrangements for work and development permits and internal review

61New definitions inserted

62Guidelines

63Application of Division 3 of Part 2

64Application for internal review

65Review by enforcement agency

66What can an enforcement agency decide on review?

67New Division 3A inserted into Part 2

68Expiating the offence

69Effect of expiation

70Agreeing to pay by instalments has same effect as a full payment

71Cancellation of certain infringement notices

72New section 41A inserted

73New Part 3A inserted

74New sections 53B to 53D inserted

75Lodgement of infringement penalty with infringements registrar

76Extended period for lodgement

77Powers to revoke enforcement orders

78Powers to vary costs or fees

79Warning of execution of infringement warrant—seven-day notice

80Executing infringement warrant after 7 day period

81Infringements registrar may stay infringement warrant

82Regulations

83New Part 16 inserted

Division 3—Interim arrangements for imprisonment and outstanding fines

84Definitions

85Division heading in Part 12 substituted

86Section 160 substituted and new sections 160AA and 160AB inserted

87Amendments consequential on substitution of section 160

88New Division 3 heading inserted in Part 12

89Section 161A substituted and new sections 161B to 161K inserted

Division 4—Amendments consequential on commencement of Fines Reform Act 2014

90Definitions

91Work and development permits

92Effect of expiation

93Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes

94Extension of time for commencement of proceedings if work and development permit cancelled

95Regulations—repeal of work and development powers

Division 5—Other amendments

96Person may elect to have matter heard in Court or Children's Court

97Enforcement agency can refer matter to Court or Children's Court

98Withdrawal of infringement notice

99Application of Division 3 of Part 2

100Application of Division 4 of Part 2

101Exceptions to expiation

102Application of Division 6 of Part 2

103Effect of enforcement order

104Application of Division 3 of Part 4

105Service deemed despite document being returned to sender

106New section 211A inserted

Part 4—Amendment of other Acts

Division 1—Children, Youth and Families Act 2005

107Definitions in Schedule 3

108Application for registration of infringement penalty

109New clause 4A inserted in Schedule 3

110Decision to go to Court

Division 2—Privacy and Data Protection Act 2014

111Definitions

Part 5—Repeal of amending Act

112Repeal of amending Act

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Endnotes

1      General information

Fines Reform and Infringements Acts Amendment Act 2016

No. 29 of 2016

[Assented to 31 May 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are to amend the Fines Reform Act 2014 and the Infringements Act 2006—

(a)to further provide for work and development permits; and

(b)to further provide for the ability of a person to apply for an order to serve a period of imprisonment in default of payment of outstanding fines under infringement warrants; and

(c)to provide for outstanding fines under infringement warrants against a person to be converted and for the making of an order in respect of any remaining amount of outstanding fines; and

(d)to provide for an amount of registered infringement fines against a person to be the subject of an application of the Director, Fines Victoria to the Magistrates' Court—

(i)for the making of an order that the person serve a period of imprisonment in default of payment of the amount of registered infringement fines; and

(ii)for an order in respect of any remaining amount of registered infringement fines; and

(e)to delay the commencement of the Fines Reform Act 2014; and

(f)to bring forward the commencement of some of the measures in the Fines Reform Act 2014 by including them in the Infringements Act 2006; and

(g)to harmonise court powers to deal with infringement offenders brought before the court; and

(h)to make other minor and consequential amendments to those and other Acts.

2Commencement

(1)This Act, except Divisions 1, 2, 3 and 4 of Part 3, and Part 4, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Division 4 of Part 3 comes into operation on the day on which section 240(1) of the Fines Reform Act 2014 comes into operation.

(3)Subject to subsections (4) and (5), Divisions 1, 2 and 3 of Part 3, and Part 4, come into operation on a day or days to be proclaimed.

(4)If a provision of Division 1, 2 or 3 of Part 3, or Part 4 (except sections 107(2), 109(2) and Division 2), does not come into operation before 1 July 2017, it comes into operation on that day.

(5)If section 107(2) or 109(2) or a provision of Division 2 of Part 4 does not come into operation before 31 December 2017, it comes into operation on that day.

Part 2—Amendment of Fines Reform Act 2014

3Commencement of Fines Reform Act 2014

In section 2(2) of the Fines Reform Act 2014, for "30 June 2016" substitute "31 December 2017".

4Definitions

(1)In section 3 of the Fines Reform Act 2014 insert the following definitions—

"eligible person means a person—

(a)served with an infringement notice; and

(b)who—

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

(ii)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; or

(iii)is experiencing homelessness in accordance with the prescribed criteria (if any); or

(iv)is experiencing acute financial hardship; or

(v)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.

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

(a)an order under section 165; or

(b)being in default of—

(i)an instalment order; or

(ii)the payment of a fine;

health practitioner means—

(a)a registered medical practitioner; or

(b)a registered psychologist; or

(c)a nurse;

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

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

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

time served order means an order made by the Magistrates' Court under section 171B(1);

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

(2)In section 3 of the Fines Reform Act 2014—

(a)for the definition of accredited agency substitute—

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

Example

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

(b)for the definition of accredited health practitioner substitute—

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

(c)for the definition of time to pay order substitute—

"time to pay order means—

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

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

(d)for the definition of work and development permit substitute—

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

(3)In section 3 of the Fines Reform Act 2014, in the definition of instalment order, in paragraph (b), for "section 165;" substitute "section 165(3)(c), 165A(1)(b), 165A(2)(b), 171C(4)(c), 171D(1)(b) or 171D(2)(b);".

5Powers to waive or reduce costs or fees

For section 9(4) of the Fines Reform Act 2014 substitute—

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

(a)within 21 days; or

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

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

6New Part 2A inserted

After Part 2 of the Fines Reform Act 2014 insert—

"Part 2A—Work and development permits

10AWork and development permits

A work and development permit is a permit issued by the Director to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement fine by—

(a)participating in unpaid work under the supervision of an accredited agency; or

(b)completing a suitable course, including educational, vocational or life skills courses; or

(c)undergoing treatment given by an accredited health practitioner; or

(d)receiving financial or other types of counselling; or

(e)in the case of an eligible person under the age of 25 years, participating in a mentoring program.

10BApplication for work and development permit

(1)Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person.

(2)An application under subsection (1) must not be made if—

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

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

(c)a land charge has been recorded; or

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

(e)an infringement fine has been paid; or

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

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

(4)An application under subsection (1) must specify—

(a)the name and address of the eligible person; and

(b)as appropriate—

(i)the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or

(ii)the accredited health practitioner making the application; and

(c)the grounds for requesting the work and development permit including each infringement offence to which the work and development permit will relate; and

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

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

(5)If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement fines under the work and development permit until the Director makes a decision under section 10C.

10CApproval of work and development permit

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

10DEffect of work and development permit

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

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

(b)the work and development permit is cancelled.

(2)If a person who is subject to a work and development permit completes the work and development permit, any infringement fine to which the work and development permit relates is satisfied to the extent set out in the permit.

(3)If a work and development permit is cancelled or partially completed, the enforcement agency may—

(a)take action under the Infringements Act 2006 to recover any outstanding amount of the infringement penalty and any prescribed costs; or

(b)if appropriate—

(i)take enforcement action under this Act by registering the infringement fine under this Act; or

(ii)continue any enforcement action that was suspended when the application for the work and development permit was made under section 10B.

(4)If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement fine owed by the eligible person is reduced to reflect the extent of the partial completion of the permit.

(5)Despite subsections (3) and (4), if a work and development permit is varied by suspension for a period under section 10E, for the period of that suspension, action under the Infringements Act 2006 or enforcement action under this Act, must not be taken.

10EVariation or cancellation of work and development permit

(1)The Director may vary (including by suspension) or cancel a work and development permit—

(a)on the request of a person specified in subsection (2); or

(b)on the Director's own motion.

(2)A request under subsection (1)(a) may be made by—

(a)the person who is subject to the work and development permit or another person on that person's behalf; or

(b)the accredited agency or accredited health practitioner supervising the activity, course or treatment.

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

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

(b)other exceptional circumstances exist.

10FInfringement fine may be waived in limited circumstances

(1)On the recommendation of the Director, the Secretary may waive the payment of any outstanding amount of the infringement fine owed by an eligible person who is subject to, or has been subject to, a work and development permit.

(2)The Director may make a recommendation under subsection (1) if—

(a)collection of the outstanding amount of the infringement fine is no longer feasible; and

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

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

(4)If the Secretary waives the outstanding amount of an infringement fine under subsection (1), the Secretary must notify in writing—

(a)the eligible person; and

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

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

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

(a)that the Secretary has waived the outstanding amount of the infringement fine; and

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

10GAccredited agencies

(1)An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Director to become an accredited agency.

(2)An application under subsection (1) must—

(a)be made in accordance with the work and development permit guidelines; and

(b)include the prescribed particulars (if any).

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

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

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10HAccredited health practitioners

(1)A qualified health practitioner may apply to the Director to become an accredited health practitioner.

(2)An application under subsection (1) must—

(a)be made in accordance with the work and development permit guidelines; and

(b)include the prescribed particulars (if any).

(3)The Director, in the Director's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Director is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner.

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

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10IMonitoring of accredited agencies and accredited health practitioners

The Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is—

(a)keeping all relevant records in accordance with section 10J; and

(b)complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and

(c)complying with any requirements under this Act, the regulations or the work and development permit guidelines.

10JRecord-keeping by accredited agencies and accredited health practitioners

(1)An accredited agency or accredited health practitioner must—

(a)keep a record of all relevant information relating to—

(i)any work and development permit for which the accredited agency or accredited health practitioner is responsible; and

(ii)the accreditation of the accredited agency or accredited health practitioner, including all evidence demonstrating that the accredited agency or accredited health practitioner meets all necessary requirements for accreditation; and

(b)keep any prescribed information.

(2)The Director may request an accredited agency or accredited health practitioner to give the Director any information required to be kept under subsection (1).

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

10KAccreditation may be cancelled or surrendered

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

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

(b)the Director otherwise considers it necessary to do so.

(2)An accredited agency may surrender its accreditation at any time by written notification to the Director.

(3)An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Director.

(4)If an accreditation is cancelled or surrendered in accordance with this section, the Director must advise any person who is subject to a work and development permit that was being supervised—

(a)by an organisation, that the organisation has had its accreditation cancelled or has surrendered its accreditation to the Director; or

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

10LWork and development permit guidelines

(1)For the purposes of this Part, the Attorney‑General must make guidelines specifying—

(a)the circumstances of a person who has been served with an infringement notice that must be established to satisfy the Director that the person is an eligible person; and

(b)the work-off rates for satisfaction or part satisfaction of an infringement penalty or infringement fine (as appropriate); and

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

(d)the information and any documents required to be included in any application to become an accredited agency or accredited health practitioner; and

(e)the details to be included in any proposed work and development permit to be approved by the Director; and

(f)any other matter the Attorney-General considers appropriate for inclusion in the guidelines.

(2)The Attorney-General—

(a)must cause the work and development permit guidelines to be published in the Government Gazette; and

(b)may publish the work and development permit guidelines on the Internet.

(3)The work and development permit guidelines take effect—

(a)on the date of publication in the Government Gazette; or

(b)on a later date specified in the guidelines.".

7Referral for collection of court fine by Director

In section 13(2) of the Fines Reform Act 2014, after "makes an order" insert "imposing a court fine".

8Registration of court fine for enforcement

At the foot of section 15 of the Fines Reform Act 2014 insert—

"Note

See Part 5 for the management by a payment arrangement of a court fine or a registered court fine that may or may not have been the subject of an instalment order or a time to pay order.".

9Registration of infringement fine with Director

After section 16(2)(d) of the Fines Reform Act 2014 insert—

"(da)a person is not subject to a work and development permit;".

10Extended period for registration

In section 17 of the Fines Reform Act 2014—

(a)in paragraph (l), for "notice." substitute "notice;";

(b)after paragraph (l) insert—

"(m)if a work and development permit has been cancelled under section 10E 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 cancelled under that section.".

11Director may decide that enforcement of infringement offence under this Act is not appropriate

After section 20(1) of the Fines Reform Act 2014 insert—

"(1A)For the purposes of subsection (1), the circumstances in which the Director may determine that a registered infringement fine is not to be enforced against a person under this Act include, but are not limited to, the following—

(a)it is appropriate that the relevant infringement offence be heard and determined by a court;

(b)it is unlikely that the outstanding amount of the registered infringement fine would be recovered, having regard to the amount outstanding and the enforcement and payment options available.".

12Enforcement agency may prosecute or withdraw infringement notice

At the end of section 21 of the Fines Reform Act 2014 insert—

"(2)If an enforcement agency that receives notice under section 20 commences a proceeding for the alleged offence by filing a charge‑sheet under subsection (1)(c), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notification is received by the enforcement agency.

(3)Subsection (2) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.".

13New section 21A inserted

After section 21 of the Fines Reform Act 2014 insert—

"21A   Notice to Director on enforcement agency filing a charge-sheet

If an enforcement agency commences a proceeding by filing a charge-sheet under section 21(1)(c), the enforcement agency must advise the Director in writing of that commencement.".

14Effect of notice of final demand in case of registered infringement fine

In section 25(1)(b) of the Fines Reform Act 2014, for "sections 95 and 96" substitute "section 95".

15Options for enforcement of body corporate fine

(1)At the foot of section 27(1) of the Fines Reform Act 2014 insert—

"Example

The Director may commence the recovery of a registered fine as a debt where the registered fine was the subject of an enforcement warrant and that warrant has been recalled and cancelled.".

(2)At the foot of section 27(2) of the Fines Reform Act 2014 insert—

"Example

An enforcement warrant is not outstanding if it has been recalled and cancelled under section 108.".

16Declared director

(1)In section 29(1) of the Fines Reform Act 2014—

(a)in paragraph (b), for "execution." substitute "execution; or";

(b)after paragraph (b) insert—

"(c)the person executing an enforcement warrant issued against the body corporate in relation to the registered fine is or may be able to find sufficient personal property of the body corporate to satisfy the amounts in the enforcement warrant together with all lawful costs of execution but, in the course of executing the enforcement warrant, the person becomes aware that the body corporate is under administration within the meaning of the Corporations Act.".

(2)At the foot of section 29(1) of the Fines Reform Act 2014 insert—

"Note

A person executing an enforcement warrant must not seize property of a body corporate that is under administration within the meaning of the Corporations Act.".

(3)After section 29(5) of the Fines Reform Act 2014 insert—

"(6)Before taking any enforcement action referred to in subsection (5), the Director must serve a notice of final demand on the declared director.".

17Director of body corporate may challenge being declared director

For section 30(4)(b) of the Fines Reform Act 2014 substitute—

"(b)if paragraph (a) does not apply to the person, as soon as practicable after the registration of the court fine, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—

(i)the fine was paid; or

(ii)a payment plan or a payment arrangement was made; or

(c)if paragraph (a) does not apply to the person, as soon as practicable after the service of the infringement notice for the offence on the body corporate, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that—

(i)the fine was paid; or

(ii)a payment plan or a payment arrangement was made; or

(iii)the body corporate appointed an administrator under the Corporations Act; or

(iv)the body corporate was wound up in accordance with the Corporations Act.".

18Application of enforcement review

(1)For section 32(1)(d) of the Fines Reform Act 2014 substitute—

"(d)that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.".

(2)In section 32(4)(e) of the Fines Reform Act 2014, for "vehicle search and seizure notice" substitute "vehicle seizure and sale notice".

19Limit on applications for enforcement review

(1)In section 33(1) of the Fines Reform Act 2014, for "An application made under section 32(1)(a) or (c)" substitute "Subject to subsection (1A), an application made under section 32(1)(a), (c) or (d)".

(2)After section 33(1) of the Fines Reform Act 2014 insert—

"(1A)An application referred to in subsection (1) must not be made if an application referred to in subsection (2) has been made in relation to the infringement offence.".

(3)In section 33(4) of the Fines Reform Act 2014, for "must not consider" substitute "must refuse".

(4)Section 33(5) of the Fines Reform Act 2014 is repealed.

20Conduct of enforcement actions during enforcement review

Section 36(2) of the Fines Reform Act 2014 is repealed.

21Outcome of enforcement review

For section 37(2) of the Fines Reform Act 2014 substitute—

"(2)Within 21 days of making a decision on the enforcement review, the Director must—

(a)if the decision of an enforcement agency is confirmed under subsection (1)(a), serve written notice of the infringement confirmation on the applicant; or

(b)if the enforcement of the infringement fine is cancelled under subsection (1)(b), serve written notice of the enforcement cancellation on—

(i)the applicant; and

(ii)the enforcement agency.".

22Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation

(1)In the heading to section 38 of the Fines Reform Act 2014, for "issues" substitute "serves".

(2)In section 38(1) of the Fines Reform Act 2014—

(a)for "that receives" substitute "that is served";

(b)for "28 days" substitute "90 days".

(3)In the example at the foot of section 38(2)(c) of the Fines Reform Act 2014, for "an infringement notice to the correct person" substitute "a new infringement notice".

23New section 38A inserted

After section 38 of the Fines Reform Act 2014 insert—

"38A   Notice to Director on filing charge-sheet following enforcement cancellation

If an enforcement agency commences a proceeding by filing a charge-sheet under section 38(1)(a)(iii), the enforcement agency must advise the Director in writing of that commencement.".

24Extended period for commencing proceeding for offence

(1)In section 39(1) of the Fines Reform Act 2014, for "notification" substitute "service".

(2)After section 39(1) of the Fines Reform Act 2014 insert—

"(1A)If the Director serves an enforcement cancellation in circumstances referred to in section 38(2), the period during which a proceeding for the alleged offence may be commenced by filing a charge-sheet is extended by 6 months after the date of that service.".

(3)In section 39(2) of the Fines Reform Act 2014, for "Subsection (1) has" substitute "Subsections (1) and (1A) have".

25Time to pay or enter payment arrangement if infringement confirmation served

(1)In the heading to section 40 of the Fines Reform Act 2014, for "or enter payment arrangement" substitute ", enter payment arrangement or apply for work and development permit".

(2)In section 40(1) of the Fines Reform Act 2014—

(a)in paragraph (b), for "arrangement." substitute "arrangement; or";

(b)after paragraph (b) insert—

"(c)apply to the Director for a work and development permit.".

(3)In section 40(2) of the Fines Reform Act 2014, for "of receiving written notice of the infringement confirmation" substitute "of written notice of the infringement confirmation being served".

26Summons for oral examination and production of information

In section 63(1) of the Fines Reform Act 2014, after "person" insert "who is a fine defaulter".

27Application of Part 8

At the foot of section 88(1) of the Fines Reform Act 2014 insert—

"Note

See section 24(1).".

28Sanctions that may be imposed on a fine defaulter

In section 89(1)(a) and (b) of the Fines Reform Act 2014, for "person" substitute "fine defaulter".

29New section 94A inserted

After section 94 of the Fines Reform Act 2014 insert—

"94A   Vehicle in name of business

(1)If the Director becomes aware that the registered operator of a vehicle is a business, the Director may direct VicRoads to take reasonable steps to transfer the registration of the vehicle to the name of a natural person or a body corporate.

(2)If VicRoads is unable to comply with subsection (1) within a reasonable time, the Director may direct VicRoads to cancel the registration of the vehicle.".

30Land becomes subject to charge

In section 97(3) of the Fines Reform Act 2014—

(a)in paragraph (b), before "the person" insert "in the case of a natural person,";

(b)after paragraph (b) insert—

"(ba)in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or".

31Removal of land charge

In section 98(1) of the Fines Reform Act 2014—

(a)in paragraph (b), for "the fine defaulter" substitute "in the case of a natural person, the person";

(b)after paragraph (b) insert—

"(ba)in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or".

32Imprisonment of person on execution of enforcement warrant

In section 112 of the Fines Reform Act 2014 omit "following the execution of an enforcement warrant".

33Warning of execution of enforcement warrantseven-day notice—

In section 119(3) of the Fines Reform Act 2014—

(a)in paragraph (c), for "arrangement." substitute "arrangement; or";

(b)after paragraph (c) insert—

"(d)applied to the Director for a work and development permit.".

34Executing enforcement warrant after expiry of seven-day notice

(1)In section 121(2) 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 work and development permit which has not been determined; or

(f)has applied for an attachment of earnings direction which has not been determined; or

(g)has applied for an attachment of debts direction which has not been determined.".

(2)For section 121(3) of the Fines Reform Act 2014 substitute—

"(3)If an application referred to in subsection (2)(c), (d), (e), (f) or (g) has been made by the fine defaulter, no step may be taken in the execution of an enforcement warrant until the application is determined.".

35Stay of an enforcement warrant

In section 125(1) of the Fines Reform Act 2014—

(a)in paragraph (c), for "made." substitute "made;";

(b)after paragraph (c) insert—

"(d)a work and development permit has been approved.".

36Notice to be provided on removal of number plates

At the end of section 141 of the Fines Reform Act 2014 insert—

"(2)A person must not remove, other than in accordance with this Part, a notice attached to a windscreen under subsection (1).

Penalty:60 penalty units.".

37Heading to Part 14 substituted and Division 1 heading inserted

For the heading to Part 14 of the Fines Reform Act 2014 substitute—

"Part 14—Registered infringement fines, imprisonment and time served orders

Division 1—Infringement offender and imprisonment".

38Application of Division 1 of Part 14

(1)In the heading to section 163 of the Fines Reform Act 2014, for "Part" substitute "Division".

(2)In section 163 of the Fines Reform Act 2014, for "Part" substitute "Division".

39Section 165 substituted

For section 165 of the Fines Reform Act 2014 substitute—

"165   Powers of the Magistrates' Court

(1)If the Magistrates' Court is satisfied of a matter specified in subsection (2) on an infringement offender being brought before the Court in respect of any outstanding registered infringement fine under an enforcement warrant, the Court may make an order—

(a)discharging in full any registered infringement fine; or

(b)discharging in part any registered infringement fine; or

(c)discharging in part any registered infringement fine and order that the infringement offender be imprisoned for a term fixed in accordance with section 165B; or

(d)that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or

(e)adjourning the further hearing of the matter for a period of up to 6 months.

(2)For the purposes of subsection (1), the specified matters are—

(a)that an infringement offender has a mental or intellectual impairment, disorder, disease or illness; or

(b)without limiting paragraph (a), that special circumstances apply to an infringement offender; or

(c)that having regard to an infringement offender's situation, imprisonment would be excessive, disproportionate or unduly harsh.

(3)If the Magistrates' Court is not satisfied of a matter specified in subsection (2) the Court may make one or more of the following—

(a)an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991;

(b)a time to pay order;

(c)an instalment order;

(d)an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;

(e)an order that the infringement offender be imprisoned for a term fixed in accordance with section 165B.

(4)The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) if the infringement offender satisfies the Court that the infringement offender—

(a)did not have the capacity to pay the registered infringement fine; or

(b)had another reasonable excuse for the non-payment.

(5)The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.".

40New sections 165A and 165B inserted

After section 165 of the Fines Reform Act 2014 insert—

"165A   Additional powers of the Magistrates' Court

(1)If the Magistrates' Court makes an order under section 165(1)(b) discharging in part any registered infringement fine, the Court, in respect of any undischarged registered infringement fine, may make—

(a)a time to pay order; or

(b)an instalment order.

(2)If the Magistrates' Court makes an order under section 165(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding registered infringement fine—

(a)a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and

(b)the Court may make an instalment order in respect of the payment of any outstanding registered infringement fine.

Note

A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).

(3)If the Magistrates' Court makes an order under section 165(1)(b) or subsection (1) and the infringement offender contravenes the order by failing to pay the undischarged amount of the registered infringement fine in

accordance with the order, the Court may issue a warrant to arrest the infringement offender under section 61 of the Magistrates' Court Act 1989.

(4)If an infringement offender is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—

(a)confirm any order originally made under section 165(1)(b) or subsection (1); or

(b)cancel any order originally made under section 165(1)(b) or subsection (1) and deal with the infringement offender as if the infringement offender had just been brought before the Court under section 165.

(5)The Magistrates' Court, in determining how to deal with an infringement offender under subsection (4), must take into account the extent to which the infringement offender has complied with an order made under section 165(1)(b) or subsection (1).

165BTerm of imprisonment

The term for which a person in default of payment of an amount of the registered infringement fine may be imprisoned under section 165 is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.".

41Amendments consequential on substitution of section 165

(1)In section 166(1) of the Fines Reform Act 2014, for "section 165(5)(b)" substitute "section 165A(2)(b)".

(2)In section 167 of the Fines Reform Act 2014—

(a)in subsection (1), for "section 165(3)" substitute "section 165(3)(e)";

(b)in subsection (5), for "section 165(5)(a)" substitute "section 165A(2)(a)";

(c)in subsection (6)(a), for "section 165(5)(b)" substitute "section 165A(2)(b)".

(3)In section 168 of the Fines Reform Act 2014—

(a)in subsections (1)(a) and (2)(a), for "section 165(3)" substitute "section 165(3)(e)";

(b)in subsection (2)(b)(i), for "section 165(5)(a)" substitute "section 165A(2)(a)";

(c)in subsection (2)(b)(ii), for "section 165(5)(b)" substitute "section 165A(2)(b)".

(4)In sections 169(1) and 170 of the Fines Reform Act 2014, for "section 165(3)" substitute "section 165(3)(e)".

42New Division 2 inserted into Part 14

After section 171 of the Fines Reform Act 2014 insert—

"Division 2—Time served orders in respect of registered infringement fines

171AApplication of the Director on behalf of person in custody

(1)A person who is in custody and who is the subject of any registered infringement fine may request in writing that the Director apply to the Magistrates' Court for an order

for the person to serve a term of imprisonment in default of payment of the registered infringement fine.

(2)The Director may apply to the Magistrates' Court for—

(a)a time served order in respect of the person if a non-fine related sentence has been imposed on the person and the person is serving that sentence at the time the Director applies to the Court under this subsection; or

(b)an order under section 171C in respect of the person if the person is in custody because of a fine related sentence or a non-fine related sentence at the time the Director applies to the Court under this subsection; or

(c)an order referred to in both paragraphs (a) and (b).

(3)An application must not be made in respect of a registered 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 registered infringement fine relates was taken into custody.

171BTime served orders

(1)The Magistrates' Court may order that the person who is the subject of an application under section 171A(2) 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 registered infringement fine in default of payment of that registered infringement fine.

(2)If the Magistrates' Court makes a time served order, the Court must take as time served the period before the Director applied under section 171A(2) during which the person was in custody.

(3)The Magistrates' Court may make a time served order whether or not the person—

(a)is brought before the Court; or

(b)has been released from custody after the Director applied to the Court under section 171A(2).

(4)If the Magistrates' Court makes a time served order for a part of the amount of the registered infringement fine, it may make an order under section 171C in respect of any remaining amount.

(5)For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director.

171COrders of Magistrates' Court for any registered infringement fine or any remaining amount

(1)This section applies—

(a)in respect of a person who is the subject of an application by the Director under section 171A(2) and who—

(i)is only in custody because of a fine related sentence; or

(ii)has completed the fine related sentence that the person was serving, on the Director applying to the Court; or

(b)if the Magistrates' Court has made a time served order in respect of a person—

(i)who is in custody because of a non-fine related sentence and the term imposed under the time served order exceeds the term of the non-fine related sentence; or

(ii)who has completed a non-fine related sentence and the term imposed under the time served order exceeds the term of that non-fine related sentence.

(2)If the Magistrates' Court is satisfied of a matter specified in subsection (3) in respect of the person, the Court may make an order—

(a)discharging in full any registered infringement fine; or

(b)discharging in part any registered infringement fine; or

(c)discharging in part any registered infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or

(d)that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or

(e)adjourning the further hearing of the matter for a period of up to 6 months.

(3)For the purposes of subsection (2), the specified matters are—

(a)that the person has a mental or intellectual impairment, disorder, disease or illness; or

(b)without limiting paragraph (a), that special circumstances apply to the person; or

(c)that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh.

(4)If the Magistrates' Court is not satisfied of a matter specified in subsection (3), the Court may make one or more of the following—

(a)an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991;

(b)a time to pay order;

(c)an instalment order;

(d)an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;

(e)an order that the person be imprisoned for a term fixed in accordance with section 171E(1).

(5)The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person—

(a)did not have the capacity to pay the registered infringement fine; or

(b)had another reasonable excuse for the non-payment.

(6)The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.

(7)For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director.

171DAdditional powers of the Magistrates' Court

(1)If the Magistrates' Court makes an order under section 171C(2)(b) discharging in part any registered infringement fine, the Court, in respect of any undischarged registered infringement fine, may make—

(a)a time to pay order; or

(b)an instalment order.

(2)If the Magistrates' Court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any registered infringement fine—

(a)a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and

(b)the Court may make an instalment order in respect of the payment of any registered infringement fine.

Note

A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).

(3)If the Magistrates' Court makes an order under section 171C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the registered infringement fine in accordance

with the order, the Court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989.

(4)If a person is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—

(a)confirm any order originally made under section 171C(2)(b) or subsection (1); or

(b)cancel any order originally made under section 171C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the Court under section 171C(2).

(5)The Magistrates' Court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 171C(2)(b) or subsection (1).

(6)For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director.

171ETerm of imprisonment including whether cumulative or concurrent

(1)The term for which a person in default of payment of an amount of the registered infringement fine may be imprisoned under this Division is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.

(2)A term of imprisonment imposed under a time served order must be served concurrently with the non-fine related sentence imposed on the person before that order is made.

(3)A term of imprisonment imposed under section 171C(2)(c) or (4)(e) on a person must be served cumulatively on a fine related sentence or a non-fine related sentence that the person is serving.

171FContact details of person

(1)If a person is the subject of an application of the Director under section 171A(2) and is released from custody before the application is heard, the person must give the Director contact details for the person following release to enable the Director to notify the person of—

(a)the relevant details of the application, including when and where it will be heard by the Magistrates' Court; and

(b)if the person fails to appear before the Magistrates' Court, the outcome of the application.

(2)For the purposes of subsection (1), any of the following may be given to the Director as contact details—

(a)an email address;

(b)a postal address;

(c)a telephone number.

171GVariation of instalment order

(1)A person may apply to the Magistrates' Court to vary an instalment order made under section 171D(2)(b).

(2)On an application under subsection (1), the Magistrates' Court may vary the instalment order if satisfied—

(a)that the circumstances of the person have materially altered since the order was made and as a result the person is unable to comply with the order; or

(b)that the circumstances of the person were wrongly stated or were not accurately presented to the Court.

171HApplication for rehearing in certain circumstances

(1)If the Magistrates' Court makes an order under section 171C(4)(e), the person may apply for a rehearing of the matter.

(2)An application under subsection (1) is to be in accordance with the rules of court (if any).

(3)A rehearing may only be sought on the basis that—

(a)at the time of the hearing—

(i)the person had a mental or intellectual impairment, disorder, disease or illness; or

(ii)without limiting subparagraph (i), that special circumstances applied to the person—

and this was not taken into account or was not before the Magistrates' Court at the time of the hearing under section 171C; or

(b)at the time of the hearing under section 171C, evidence was not taken into account or before the Magistrates' Court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh.

(4)If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the Magistrates' Court to reapply.

(5)A warrant to imprison issued in accordance with section 171D(2)(a) that has not been executed in relation to a matter must be—

(a)recalled and cancelled by a registrar of the Magistrates' Court—

(i)on the filing of an application under this section for a rehearing of a matter; or

(ii)on the filing of an application under this section to obtain the leave of the Magistrates' Court; and

(b)reissued on the striking out or refusal of a rehearing or leave by the Magistrates' Court.

(6)The Magistrates' Court must—

(a)stay an instalment order made under section 171D(2)(b)—

(i)on the filing of an application under this section for a rehearing of a matter; or

(ii)on the filing of an application under this section to obtain the leave of the Court; and

(b)lift the stay on the striking out or refusal of a rehearing by the Court.

171IDetermination of rehearing

(1)On rehearing a matter under section 171H, if the Magistrates' Court is satisfied, on the balance of probabilities, that a ground referred to in section 171H(3) has been established, the Court may—

(a)cancel the order made under section 171C(4)(e); and

(b)exercise any power available to the Court under section 171C in respect of the person.

(2)If the Magistrates' Court is not satisfied that a ground referred to in section 171H(3) has been established, the Court—

(a)must confirm the order to imprison the person under section 171C(4)(e); and

(b)may—

(i)issue a warrant to imprison the person under section 171D(2)(a) if the person is not in custody; and

(ii)lift a stay on an instalment order (if any) made in respect of the person under section 171D(2)(b).

(3)Subject to section 171H(4), the Magistrates' Court may only rehear a matter once.

171JApplication for bail pending rehearing

(1)A person serving an order of imprisonment under section 171C(4)(e) who makes an application under section 171H may apply to the Magistrates' Court to be granted bail in accordance with the Bail Act 1977.

(2)On an application for bail under subsection (1), the Magistrates' Court may grant the person bail pending rehearing of the matter.

171KPerson in custody

If a person who is in custody makes an application under section 171H and is granted bail, the order made under section 171C(4)(e) to imprison the person is stayed until the rehearing is determined.".

43New Division heading inserted into Part 14

Before section 172 of the Fines Reform Act 2014 insert—

"Division 3—Enforcement and payment reports".

44Enforcement and payment report

(1)For section 172(1) and the note at the foot of section 172(1) of the Fines Reform Act 2014 substitute—

"(1)The Director must prepare an enforcement and payment report if—

(a)in accordance with section 21(1)(c) a person is charged with an offence following the determination not to enforce the registered infringement fine; or

(b)in accordance with section 38(1)(a)(iii) a person is charged with an offence on the withdrawal of the infringement notice; or

(c)an infringement offender or a fine defaulter, as the case requires, is granted bail on being arrested to be dealt with in accordance with Division 1 of this Part or Part 3B of the Sentencing Act 1991; or

Note

See section 69FA of the Sentencing Act 1991 for the powers of the court after a fine defaulter who is the subject of registered court fines is arrested and brought before the court.

(d)a person is the subject of an application to the Magistrates' Court by the Director under section 171A(2).".

(2)In section 172(2)(a) and (b) of the Fines Reform Act 2014, for "the infringement offender or the fine defaulter" substitute "the infringement offender or the fine defaulter or the person (as the case requires)".

45Regulations

After section 185(1)(a) of the Fines Reform Act 2014 insert—

"(ab)the reporting obligations of accredited agencies and accredited health practitioners supervising work and development permits; and

(ac)the issuing of agency accreditation and health practitioner accreditation for the purposes of work and development permits; and

(ad)requirements for record-keeping in relation to work and development permits; and".

46New sections 186A to 186E inserted

After section 186 of the Fines Reform Act 2014 insert—

"186A Work and development permits applied for or approved under Infringements Act 2006

(1)A work and development permit approved by the Secretary under section 27C of the Infringements Act 2006, on and from the repeal of that section, is taken to be a work and development permit approved by the Director under section 10C and has effect accordingly.

(2)An application made to the Secretary for a work and development permit under section 27B of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director for a work and development permit under section 10B.

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

(1)A work and development permit that has been varied or cancelled by the Secretary under section 27E of the Infringements Act 2006, on and from the repeal of that section, is taken to be a work and development permit varied or cancelled by the Director under section 10E and has effect accordingly.

(2)A request made to the Secretary under section 27E(1)(a) of the Infringements Act 2006 for a work and development permit to be varied or cancelled that is pending before the repeal of that section, on the repeal of that section, is taken to be a request to the Director for a work and development permit to be varied or cancelled under section 10E(1)(a).

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

(1)An organisation accredited under section 27G of the Infringements Act 2006, on and from the repeal of that section—

(a)is taken to be accredited under section 10G; and

(b)is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions—

(i)were imposed on an accreditation issued under section 10G; or

(ii)were prescribed under this Act.

(2)A health practitioner accredited under section 27H of the Infringements Act 2006, on and from the repeal of that section—

(a)is taken to be accredited under section 10H; and

(b)is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions—

(i)were imposed on an accreditation issued under section 10H; or

(ii)were prescribed under this Act.

(3)An application made to the Secretary by an organisation to become an accredited agency under section 27G of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited agency under section 10G and is to be considered by the Director accordingly.

(4)An application made to the Secretary by a health practitioner to become an accredited health practitioner under section 27H of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited health practitioner under section 10H and is to be considered by the Director accordingly.

186DRecord-keeping under Infringements Act 2006

A request made by the Secretary to an accredited agency or accredited health practitioner under section 27J(2) of the Infringements Act 2006 that has not been complied with before the repeal of that section, on the repeal of that section, is taken to be a request made by the Director under section 10J(2) and must be complied with accordingly.

186EWork and development permit guidelines

Any guidelines made by the Attorney‑General under section 27L of the Infringements Act 2006, on and from the repeal of that section, are taken to be guidelines made by the Attorney-General under section 10L.".

47Lodgeable infringement offences

In section 187 of the Fines Reform Act 2014, for "prescribed to be" substitute "that is".

48Section 200 substituted

For section 200 of the Fines Reform Act 2014 substitute—

"200   Transitional provision for pre‑commencement court fines

(1)Despite section 14 of the Interpretation of Legislation Act 1984, a court fine imposed by the Magistrates' Court or the County Court but not defaulted on before the commencement of section 13 is taken, on and from that commencement and to the extent that it has not been paid, to be referred to the Director for collection and management in accordance with Part 3, unless it is a court fine—

(a)of a prescribed type or class; or

(b)imposed in respect of a prescribed offence or class of offences.

(2)If a court fine is imposed on a person before the commencement of section 15 and the person defaults on that court fine before that commencement, on and from that commencement, that court fine

is taken to be

registered with the Director for enforcement under section 15 despite the original order imposing the court fine being made before that commencement unless—

(a)a court otherwise orders; or

(b)before that commencement, action has been taken in relation to that default; or

(c)it is a court fine—

(i)of a prescribed type or class; or

(ii)imposed in respect of a prescribed offence or class of offences.

(3)This section is in addition to, and does not derogate from, any powers of a court under the Sentencing Act 1991.

(4)This section does not limit or otherwise affect any jurisdiction or power that a court has in relation to contempt of court.".

49New section 201A inserted

After section 201 of the Fines Reform Act 2014 insert—

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

(1)If a person made a request to the sheriff under section 161A(1) of the Infringements Act 2006 and the sheriff has not made an application in respect of the request before the commencement day, the request, on and after the commencement day, is taken to be a request made to the Director under section 171A(1).

(2)If an application was made under section 161A(2) of the Infringements Act 2006 and the application has not been heard and determined by the Magistrates' Court before the commencement day in respect of that application any outstanding fine that is the subject of an infringement warrant is taken to be a registered infringement fine and section 171A(2) applies accordingly.

(3)In this section—

commencement day means the day on which Division 2 of Part 14 comes into operation.".

50Infringement offences, internal review and work and development permits consequential amendments and repeals

(1)Sections 205, 207(4), 214, 215(1), (2)(a) and (4), 216, 217(1) and (2), 218, 220, 221, 222, 223 and 224 of the Fines Reform Act 2014 are repealed.

(2)In section 217(3) of the Fines Reform Act 2014, after "section 25(3)" insert ", (4), (5) and (6)".

51Section 239 substituted

For section 239 of the Fines Reform Act 2014 substitute—

'239   Guidelines

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

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

239AOversight and monitoring by Secretary

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

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

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

239BRecommendations to enforcement agencies

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

239CReports and recommendations to Attorney-General

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

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

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

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

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

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

52Imprisonment in default of payment of outstanding fines

Section 240(2) of the Fines Reform Act 2014 is repealed.

53Regulations—work and development permit powers inserted

Section 245 of the Fines Reform Act 2014 is repealed.

54New Part 16 inserted

(1)For the heading to section 247 of the Fines Reform Act 2014 substitute—

"New Division 3 inserted into Part 16".

(2)In section 247 of the Fines Reform Act 2014, for "After Part 15" substitute "After Division 2 of Part 16".

(3)In section 247 of the Fines Reform Act 2014, for the heading to proposed new Part 16 of the Infringements Act 2006 substitute—

'"Division 3—Fines Reform Act 2014'.

(4)In section 247 of the Fines Reform Act 2014, in proposed new section 212 of the Infringements Act 2006, for "Part" substitute "Division".

(5)In section 247 of the Fines Reform Act 2014, proposed new sections 213 and 215 of the Infringements Act 2006 are repealed.

(6)In section 247 of the Fines Reform Act 2014, for proposed new sections 217 and 218 of the Infringements Act 2006 substitute—

"217   Guidelines, oversight and recommendations

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

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

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

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

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

55Section 282 substituted

For section 282 of the Fines Reform Act 2014 substitute—

'282   Extension of time to object if no actual notice

In section 61B(3)(b) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".'.

56Section 283 substituted

For section 283 of the Fines Reform Act 2014 substitute—

'283   Section 61C amended

(1)In the heading to section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".

(2)In section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".'.

57New section 9AG inserted into Road Safety Act 1986

(1)In section 294 of the Fines Reform Act 2014, in the heading to proposed new section 9AG of the Road Safety Act 1986, after "registration" insert "—deregistered body corporate".

(2)In section 294 of the Fines Reform Act 2014, in proposed new section 9AG(1) of the Road Safety Act 1986, for "unless, within 14 days (or a longer prescribed period), the registered operator provides evidence to the satisfaction of the Corporation that it is not a deregistered body corporate" substitute "unless the registered operator provides evidence to the satisfaction of the Corporation that it is not a deregistered body corporate within 14 days (or a longer prescribed period), the Corporation will cancel the registration of the motor vehicle or trailer".

58Repeal of amending Parts of Fines Reform Act 2014

In section 331 of the Fines Reform Act 2014, for "30 June 2017" substitute "31 December 2018".

Part 3—Amendment of Infringements Act 2006

Division 1—Interim arrangements for lodgeable infringement offences

59Definitions

(1)In section 3(1) of the Infringements Act 2006, for the definition of lodgeable infringement offence substitute—

"lodgeable infringement offence means any infringement offence other than a non‑lodgeable infringement offence;".

(2)In section 3(1) of the Infringements Act 2006 insert the following definition—

"non-lodgeable infringement offence means an infringement offence—

(a)that is prescribed as a non-lodgeable infringement offence; or

(b)that is in a prescribed class of non‑lodgeable infringement offences; or

(c)under a local law, other than a parking infringement;".

60Infringement offences to which this Act applies

Section 7(4) of the Infringements Act 2006 is repealed.

Division 2—Interim arrangements for work and development permits and internal review

61New definitions inserted

(1)In section 3(1) of the Infringements Act 2006 insert the following definitions—

"accredited agency means an organisation accredited under Division 3A of Part 2 to provide a work and development permit under that Division;

Example

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

accredited health practitioner means a person who is a qualified health practitioner accredited under Division 3A of Part 2 to provide a work and development permit under that Division;

eligible person means a person—

(a)served with an infringement notice; and

(b)who—

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

(ii)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; or

(iii)is experiencing homelessness in accordance with the prescribed criteria (if any); or

(iv)is experiencing acute financial hardship; or

(v)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 27L specify the kind of circumstances that should apply to a person in order to satisfy the Secretary that the person is an eligible person.

health practitioner means—

(a)a registered medical practitioner; or

(b)a registered psychologist; or

(c)a nurse;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

prescribed warrant fee means the fee prescribed under section 81 in respect of the issue of an infringement warrant;

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

work and development permit means a permit referred to in section 27A;

work and development permit guidelines means the guidelines prepared by the Attorney‑General under section 27L.".

(2)In section 3(1) of the Infringements Act 2006, in the definition of special circumstances—

(a)in paragraph (c), for "offence;" substitute "offence; or";

(b)after paragraph (c) insert—

"(d)family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence;".

(3)In section 3(1) of the Infringements Act 2006, in the definition of VicRoads, for "2010." substitute "2010;".

62Guidelines

Section 5(1)(c)(iii) of the Infringements Act 2006 is repealed.

63Application of Division 3 of Part 2

At the end of section 21 of the Infringements Act 2006 insert—

"(2)This Division does not apply to an infringement notice to which any of the following provisions apply if the person was unaware of the notice having been served and that service of the infringement notice was not by personal service—

(a)section 67 or 89B of the Road Safety Act 1986;

(b)section 87A of the Melbourne City Link Act 1995;

(c)section 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

(d)section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

(e)section 219A of the EastLink Project Act 2004.".

64Application for internal review

(1)In section 22(1) of the Infringements Act 2006—

(a)in paragraph (c), for "offence." substitute "offence; or";

(b)after paragraph (c) insert—

"(d)that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.".

(2)In section 22(2) of the Infringements Act 2006, for "subsection (1)" substitute "subsection (1)(a), (b) or (c)".

(3)After section 22(2) of the Infringements Act 2006 insert—

"(3)An application under subsection (1)(d)—

(a)must be made within 14 days of the applicant becoming aware of the infringement notice; and

(b)must be in writing; and

(c)must state the grounds on which the decision should be reviewed; and

(d)must provide the applicant's current address for service of the notice of the outcome of the decision under section 24(3); and

(e)may only be made once in relation to any one infringement offence in respect of the applicant.

(2)If the Court makes a time served order, the Court must take as time served the period before the sheriff applied under section 161A(2) during which the person was in custody.

(3)The Court may make a time served order whether or not the person—

(a)is brought before the Court; or

(b)has been released from custody after the sheriff applied to the Court under section 161A(2).

(4)If the Court makes a time served order for a part of the amount of the outstanding fine under any infringement warrant, it may make an order under section 161C in respect of any remaining amount.

161COrders of Court for any outstanding fine or any remaining amount

(1)This section applies—

(a)in respect of a person who is the subject of an application by the sheriff under section 161A(2) and who—

(i)is only in custody because of a fine related sentence; or

(ii)has completed the fine related sentence that the person was serving, on the sheriff applying to the Court; or

(b)if the Court has made a time served order in respect of a person—

(i)who is in custody because of a non-fine related sentence and the term imposed under the time served order exceeds the term of the non-fine related sentence; or

(ii)who has completed a non-fine related sentence and the term imposed under the time served order exceeds the term of that non-fine related sentence.

(2)If the Court is satisfied of a matter specified in subsection (3) in respect of the person, the Court may make an order—

(a)discharging in full any outstanding fine under any infringement warrant; or

(b)discharging in part any outstanding fine under any infringement warrant; or

(c)discharging in part any outstanding fine under an infringement warrant and order that the person be imprisoned for a term fixed in accordance with section 161E(1); or

(d)that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or

(e)adjourning the further hearing of the matter for a period of up to 6 months.

(3)For the purposes of subsection (2), the specified matters are—

(a)that the person has a mental or intellectual impairment, disorder, disease or illness; or

(b)without limiting paragraph (a), that special circumstances apply to the person; or

(c)that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh.

(4)If the Court is not satisfied of a matter specified in subsection (3), the Court may make one or more of the following—

(a)an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991;

(b)a time to pay order;

(c)an instalment order;

(d)an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit;

(e)an order that the person be imprisoned for a term fixed in accordance with section 161E(1).

(5)The Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person—

(a)did not have the capacity to pay the outstanding fine under any infringement warrant; or

(b)had another reasonable excuse for the non-payment.

(6)The Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.

161DAdditional powers of the Court

(1)If the Court makes an order under section 161C(2)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any outstanding fine under an infringement warrant, may make—

(a)a time to pay order; or

(b)an instalment order.

(2)If the Court makes an order under section 161C(2)(c) or (4)(e) for imprisonment in default of payment of any outstanding fine under any infringement warrant—

(a)a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and

(b)the Court may make an instalment order in respect of the payment of any outstanding fine under any infringement warrant.

Note

A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b).

(3)If the Court makes an order under section 161C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the outstanding fine under any infringement warrant in accordance with the order, the Court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989.

(4)If a person is brought before the Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may—

(a)confirm any order originally made under section 161C(2)(b) or subsection (1); or

(b)cancel any order originally made under section 161C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the Court under section 161C(2).

(5)The Court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 161C(2)(b) or subsection (1).

161ETerm of imprisonment including whether cumulative or concurrent

(1)The term for which a person in default of payment of an amount of the outstanding fine under the infringement warrant may be imprisoned under this Division is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.

(2)A term of imprisonment imposed under a time served order must be served concurrently with the non-fine related sentence imposed on the person before that order is made.

(3)A term of imprisonment imposed under section 161C(2)(c) or (4)(e) on a person must be served cumulatively on a fine related sentence or a non-fine related sentence that the person is serving.

161FContact details of person

(1)If a person is the subject of an application of the sheriff under section 161A(2) and is released from custody before the application is heard, the person must give the sheriff contact details for the person following release to enable the sheriff to notify the person of—

(a)the relevant details of the application, including when and where it will be heard by the Court; and

(b)if the person fails to appear before the Court, the outcome of the application.

(2)For the purposes of subsection (1), any of the following may be given to the sheriff as contact details—

(a)an email address;

(b)a postal address;

(c)a telephone number.

161GVariation of instalment order

(1)A person may apply to the Court to vary an instalment order made under section 161D(2)(b).

(2)On an application under subsection (1), the Court may vary the instalment order if satisfied—

(a)that the circumstances of the person have materially altered since the order was made and as a result the person is unable to comply with the order; or

(b)that the circumstances of the person were wrongly stated or were not accurately presented to the Court.

161HApplication for rehearing in certain circumstances

(1)If the Court makes an order under section 161C(4)(e), the person may apply for a rehearing of the matter.

(2)An application under subsection (1) is to be in accordance with the rules of court (if any).

(3)A rehearing may only be sought on the basis that—

(a)at the time of the hearing—

(i)the person had a mental or intellectual impairment, disorder, disease or illness; or

(ii)without limiting subparagraph (i), that special circumstances applied to the person—

and this was not taken into account or was not before the Court at the time of the hearing under section 161C; or

(b)at the time of the hearing under section 161C evidence was not taken into account or before the Court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh.

(4)If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the Court to reapply.

(5)A warrant to imprison issued in accordance with section 161D(2)(a) that has not been executed in relation to a matter must be—

(a)recalled and cancelled by a registrar of the Court—

(i)on the filing of an application under this section for a rehearing of a matter; or

(ii)on the filing of an application under this section to obtain the leave of the Court; and

(b)reissued on the striking out or refusal of a rehearing or leave by the Court.

(6)The Court must—

(a)stay an instalment order made under section 161D(2)(b)—

(i)on the filing of an application under this section for a rehearing of a matter; or

(ii)on the filing of an application under this section to obtain the leave of the Court; and

(b)lift the stay on the striking out or refusal of a rehearing by the Court.

161IDetermination of rehearing

(1)On rehearing a matter under section 161H, if the Court is satisfied, on the balance of probabilities, that a ground referred to in section 161H(3) has been established the Court may—

(a)cancel the order made under section 161C(4)(e); and

(b)exercise any power available to the Court under section 161C in respect of the person.

(2)If the Court is not satisfied that a ground referred to in section 161H(3) has been established, the Court—

(a)must confirm the order to imprison the person under section 161C(4)(e); and

(b)may—

(i)issue a warrant to imprison the person under section 161D(2)(a) if the person is not in custody; and

(ii)lift a stay on an instalment order (if any) made in respect of the person under section 161D(2)(b).

(3)Subject to section 161H(4), the Court may only rehear a matter once.

161JApplication for bail pending rehearing

(1)A person serving an order of imprisonment under section 161C(4)(e) who makes an application under section 161H may apply to the Court to be granted bail in accordance with the Bail Act 1977.

(2)On an application for bail under subsection (1), the Court may grant the person bail pending rehearing of the matter.

161KPerson in custody

If a person who is in custody makes an application under section 161H and is granted bail, the order made under section 161C(4)(e) to imprison the person is stayed until the rehearing is determined.".

Division 4—Amendments consequential on commencement of Fines Reform Act 2014

90Definitions

(1)In section 3(1) of the Infringements Act 2006 insert the following definitions—

"court fine has the same meaning as it has in the Fines Reform Act 2014;

Director has the same meaning as it has in the Fines Reform Act 2014;

enforcement warrant has the same meaning as it has in the Fines Reform Act 2014;

infringement fine has the same meaning as it has in the Fines Reform Act 2014;

non-registrable infringement offence has the same meaning as it has in the Fines Reform Act 2014;

notice of final demand has the same meaning as it has in the Fines Reform Act 2014;

payment arrangement has the same meaning as it has in the Fines Reform Act 2014;".

(2)In section 3(1) of the Infringements Act 2006, for the definition of work and development permit substitute—

"work and development permit has the same meaning as it has in the Fines Reform Act 2014.".

(3)In section 3(1) of the Infringements Act 2006, the definitions of accredited agency, accredited health practitioner, eligible person, fine related sentence, health practitioner, instalment order, non-fine related sentence, non-lodgeable infringement offence, nurse, prescribed warrant fee, registered psychologist, time served order, time to pay order and work and development permit guidelines are repealed.

91Work and development permits

Division 3A of Part 2 of the Infringements Act 2006 is repealed.

92Effect of expiation

In section 33(2) of the Infringements Act 2006, for "infringement penalty and any prescribed costs or a prescribed warrant fee are" substitute "infringement fine is".

93Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes

In section 35(2)(c) of the Infringements Act 2006, for "Secretary" substitute "Director".

94Extension of time for commencement of proceedings if work and development permit cancelled

(1)For section 41A(1)(a) and (b) of the Infringements Act 2006 substitute—

"(a)an infringement offence that has not been registered with the Director for enforcement under the Fines Reform Act 2014;

(b)a non-registrable infringement offence;".

(2)In section 41A(2) of the Infringements Act 2006, for "27E" substitute "10E of the Fines Reform Act 2014".

95Regulations—repeal of work and development powers

Section 168(1)(ea), (eb) and (ec) of the Infringements Act 2006 is repealed.

Division 5—Other amendments

96Person may elect to have matter heard in Court or Children's Court

For section 16(2)(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

97Enforcement agency can refer matter to Court or Children's Court

For section 17(2)(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

98Withdrawal of infringement notice

For section 18(6)(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

99Application of Division 3 of Part 2

For section 21(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

100Application of Division 4 of Part 2

For section 28(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

101Exceptions to expiation

For section 31(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

102Application of Division 6 of Part 2

For section 36(c) of the Infringements Act 2006 substitute—

"(c)section 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

103Effect of enforcement order

In section 61(1) of the Infringements Act 2006—

(a)in paragraph (a), for "section 215C of the Transport (Compliance and Miscellaneous) Act 1983 or sections 61A and 61BA of the Marine Act 1988" substitute "section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988";

(b)in paragraph (b), for "section 215C of the Transport (Compliance and Miscellaneous) Act 1983" substitute "section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014".

104Application of Division 3 of Part 4

For section 63A(1)(b) of the Infringements Act 2006 substitute—

"(b)section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;".

105Service deemed despite document being returned to sender

In section 163A(3)(b) of the Infringements Act 2006, for "the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement within the meaning of that Act" substitute "Part VII of the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement within the meaning of that Part".

106New section 211A inserted

After section 211 of the Infringements Act 2006 insert—

"211A   Regulations dealing with transitional matters—Fines Reform and Infringements Acts Amendment Act 2016

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Fines Reform and Infringements Acts Amendment Act 2016, including the repeals and amendments made by that Act.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date that the Fines Reform and Infringements Acts Amendment Act 2016 receives the Royal Assent;

(b)be of limited or general application;

(c)leave any matter or thing to be decided by a specified person or class of person;

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of the day on which section 106 of the Fines Reform and Infringements Acts Amendment Act 2016 comes into operation.".

Part 4—Amendment of other Acts

Division 1—Children, Youth and Families Act 2005

107Definitions in Schedule 3

(1)In clause 2 of Schedule 3 to the Children, Youth and Families Act 2005—

(a)in the definition of registrar, for "registrar." substitute "registrar;";

(b)insert the following definition—

"work and development permit has the same meaning as it has in the Infringements Act 2006.".

(2)In the definition of work and development permit in clause 2 of Schedule 3 to the Children, Youth and Families Act 2005, for "Infringements Act 2006" substitute "Fines Reform Act 2014".

108Application for registration of infringement penalty

In clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005—

(a)in subparagraph (iii), for "; and" substitute "; or";

(b)after subparagraph (iii) insert—

"(iv)who is not subject to a work and development permit; or

(v)who was subject to a work and development permit but is no longer and the work and development permit is only partially completed; and".

109New clause 4A inserted in Schedule 3

(1)After clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 insert—

"4A   Extended period for registration

(1)If a work and development permit to which a child who was served with an infringement notice was subject has been cancelled under section 27E of the Infringements Act 2006, the time period within which the registrar may register the infringement penalty or part of the infringement penalty together with any prescribed costs is no more than 6 months after the date on which the work and development permit is cancelled under that section.

(2)Subclause (1) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.".

(2)In clause 4A(1) of Schedule 3 to the Children, Youth and Families Act 2005, for "section 27E of the Infringements Act 2006" substitute "section 10E of the Fines Reform Act 2014".

110Decision to go to Court

After clause 17(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005 insert—

"(ab)in accordance with section 41A of the Infringements Act 2006; or".

Division 2—Privacy and Data Protection Act 2014

111Definitions

In section 3 of the Privacy and Data Protection Act 2014, in the definition of law enforcement agency after paragraph (e) insert—

"(ea)the Director, Fines Victoria employed under section 4 of the Fines Reform Act 2014;".

Part 5—Repeal of amending Act

112Repeal of amending Act

This Act is repealed on 31 December 2018.

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: 24 February 2016

Legislative Council: 24 March 2016

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 and other Acts in relation to work and development permits, to further provide for enforcement under those Acts and to bring forward the commencement of some of the measures in the Fines Reform Act 2014 by including them in the Infringements Act 2006 and for other purposes."