Untitled document

Infringements Amendment Regulations 2017

S.R. No. 130/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective

6Definitions

7Reports to Attorney-General

8Heading to Part 4 amended

9Regulation 9 substituted

10Revocation of regulation 10

11Exemption from fees, costs and charges

12Infringement notice

13Withdrawal notice

14Penalty reminder notice

15Revocation of Parts 8 to 14

16Revocation of regulation 50

17Enforcement agencies

18Revocation of Schedule 17

19Revocation of Form 1

20Revocation of Form 2

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Endnotes

STATUTORY RULES 2017

S.R. No. 130/2017

Infringements Act 2006

Infringements Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 19 December 2017

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Infringements Regulations 2016 as a consequence of the amendments made by the Fines Reform Act 2014.

2Authorising provision

These Regulations are made under section 168 of the Infringements Act 2006.

3Commencement

These Regulations come into operation on 31 December 2017.

4Principal Regulations

In these Regulations, the Infringements Regulations 2016[1] are called the Principal Regulations.

5Objective

In regulation 1 of the Principal Regulations—

(a)for paragraphs (a), (b), (c) and (d) substitute—

"(a)fees, costs and charges payable under the Infringements Act 2006;

(b)details that must be included in a range of documents relating to the pre‑enforcement stage of the infringement system under that Act;

(c)the information that enforcement agencies need to provide to the Attorney-General under that Act;";

(b)paragraphs (e), (f), (g) and (h) are revoked.

6Definitions

In regulation 5 of the Principal Regulations the definitions of drug of dependence, Infringements Court and Regional Manager are revoked.

7Reports to Attorney-General

After regulation 8(1)(f)(iii) of the Principal Regulations insert—

"(iv)as far as practicable, in relation to decisions made under section 25(2A) of the Act, whether the decision was to grant or refuse the application;".

8Heading to Part 4 amended

In the heading to Part 4 of the Principal Regulations omit ", costs".

9Regulation 9 substituted

For regulation 9 of the Principal Regulations substitute—

"9   Penalty reminder notice fee

For the purposes of the definition of penalty reminder notice fee in section 3(1) of the Act, if a penalty reminder notice is served in respect of an infringement penalty, the prescribed fee is 1·74 fee units.".

10Revocation of regulation 10

Regulation 10 of the Principal Regulations is revoked.

11Exemption from fees, costs and charges

(1)In the heading to regulation 11 of the Principal Regulations omit ", costs and charges".

(2)In regulation 11 of the Principal Regulations—

(a)in subregulation (1) omit ", costs and charges";

(b)in subregulation (2) omit ", cost or charge that is a prescribed cost".

12Infringement notice

In regulation 14(1)(o) of the Principal Regulations, for "Act, unless that person is a body corporate;" substitute "Act or a payment arrangement under Part 5 of the Fines Reform Act 2014;".

13Withdrawal notice

For regulation 15(j) of the Principal Regulations substitute—

"(j)that if the infringement penalty and any penalty reminder notice fee have been paid, the infringement penalty and penalty reminder notice fee will be refunded, unless the person has—

(i)an ongoing payment plan with the enforcement agency, in which case Part 3 of the Act applies; or

(ii)an ongoing payment arrangement with the Director, in which case Part 5 of the Fines Reform Act 2014 applies.".

14Penalty reminder notice

In regulation 17 of the Principal Regulations—

(a)in paragraph (i), for "prescribed costs" substitute "penalty reminder notice fee";

(b)in paragraph (j), for "prescribed costs" substitute "penalty reminder notice fee";

(c)in paragraph (k), for "prescribed costs" substitute "penalty reminder notice fee";

(d)in paragraph (m)—

(i)for "prescribed costs" substitute "a penalty reminder notice fee";

(ii)in subparagraph (i), after "the Act" insert "and the Fines Reform Act 2014";

(e)in paragraph (o), for "section 46 of the Act unless that person is a body corporate" substitute "section 46 of the Act or a payment arrangement under Part 5 of the Fines Reform Act 2014";

(f)for paragraph (q) substitute—

"(q)a statement that if the person served with the penalty reminder notice does not understand the document, the person may obtain information from, as the case requires—

(i)the Director; or

(ii)the Registrar of the Children's Court;

(r)a statement that if the person served with the penalty reminder notice does not understand the document, the person should seek advice from—

(i)a lawyer; or

(ii)Victoria Legal Aid.".

15Revocation of Parts 8 to 14

Parts 8, 9, 10, 11, 12, 13 and 14 of the Principal Regulations are revoked.

16Revocation of regulation 50

Regulation 50 of the Principal Regulations is revoked.

17Enforcement agencies

(1)Item 14 of Schedule 2 to the Principal Regulations is revoked.

(2)For item 16 of Schedule 2 to the Principal Regulations substitute—

"16Development Victoria within the meaning of the Development Victoria Act 2003.".

18Revocation of Schedule 17

Schedule 17 to the Principal Regulations is revoked.

19Revocation of Form 1

Form 1 to the Principal Regulations is revoked.

20Revocation of Form 2

Form 2 to the Principal Regulations is revoked.

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Endnotes

[1] Reg. 4: S.R. No. 56/2016 as amended by S.R. No. 101/2016.