Untitled document

Infringements (General) Amendment (Fee Waiver) Regulations 2010

S.R. No. 2/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New Part 12A inserted

PART 12A—FEE WAIVER

41ADefinitions

41BApplication of Part

41CMinister may declare participating agencies

41DFees and costs waived

41EPayment orders

41FPayment orders—2006 scheme

41GEffect of waiver

41HCommunity work permits

41IDefault after the end of the waiver period

6New Schedule 5 inserted

SCHEDULE 5—Participating Government Enforcement Agencies

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 2/2010

Infringements Act 2006

Infringements (General) Amendment (Fee Waiver) Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 27 January 2010

Responsible Minister:

ROB HULLS
Attorney-General

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Infringements (General) Regulations 2006 to provide for the waiver of certain fees and costs payable in respect of infringement penalties lodged with an infringements registrar under Part 4 of the Infringements Act 2006.

2Authorising provision

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

3Commencement

These Regulations come into operation on 2 February 2010.

4Principal Regulations

In these Regulations, the Infringements (General) Regulations 2006[1] are called the Principal Regulations.

5New Part 12A inserted

After Part 12 of the Principal Regulations insert—

"PART 12A—FEE WAIVER

41ADefinitions

In this Part—

2006 scheme means the fee waiver conducted between 1 February 2006 and 31 May 2006 and provided for in Part 12 of the Magistrates' Court General Regulations 2000[2] as amended by the Magistrates' Court General (Amendment) Regulations 2006[3], the Magistrates' Court General (Further Amendment) Regulations 2006[4], the Magistrates' Court General (Further Waiver Amendment) Regulations 2006[5], the Magistrates' Court General (Waiver Periods Further Amendment) Regulations 2006[6] and the Magistrates' Court General (Fifth Waiver Period Amendment) Regulations 2006[7];

enforcement order costs means the costs referred to in regulation 9(c);

lodged infringement penalty means an infringement penalty that has been lodged with an infringements registrar under section 59(1) of the Act;

lodgement fee means the costs referred to in regulation 9(b);

participating agency means—

(a)an enforcement agency listed in Schedule 5; or

(b)an enforcement agency that is declared by the Minister to be a participating agency under regulation 41C;

payment order includes, in relation to the 2006 scheme, an instalment order made under Schedule 7 to the Magistrates' Court Act 1989 as in force immediately before its repeal and continued in operation under Part 15 of the Act under which payments are being made at the commencement of the waiver period;

waiver period means the period commencing on 2 February 2010 and ending on 19 March 2010;

warrant issue fee means the fee referred to in regulation 10.

41BApplication of Part

This Part applies only in respect of an infringement penalty lodged by a participating agency.

41CMinister may declare participating agencies

(1)The Minister may declare an enforcement agency to be a participating agency for the purposes of this Part.

(2)A declaration under subregulation (1) must be made by notice published in the Government Gazette.

(3)An enforcement agency to which a declaration under this regulation applies is a participating agency for the purposes of this Part from the date specified in the declaration, or if no date is specified, from the date the declaration is published in the Government Gazette.

41DFees and costs waived

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

(a)the lodgement fee; and

(b)the enforcement order costs.

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

(a)the lodgement fee; and

(b)the enforcement order costs; and

(c)any warrant issue fees.

41EPayment orders

(1)During the waiver period—

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

(b)if an infringement warrant has not been issued against that person—

the following fees and costs are waived—

(c)the lodgement fee; and

(d)the enforcement order costs.

(2)During the waiver period—

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

(b)if an infringement warrant has been issued against that person—

the following fees and costs are waived—

(c)the lodgement fee; and

(d)the enforcement order costs; and

(e)any warrant issue fees.

(3)If—

(a)a payment order was made in respect of a natural person by an infringements registrar before the commencement of the waiver period; and

(b)the person to whom that payment order applies makes a payment in accordance with the payment order during the waiver period—

any lodgement fees, enforcement order costs and warrant issue fees that constituted part of the infringement penalty when the payment order was made and that were outstanding at the commencement of the waiver period are waived.

(4)During the waiver period, if a natural person makes a verbal or written request to an infringements registrar for a payment order—

(a)that request is taken to be an application under section 76 of the Act for a payment order made within the waiver period; and

(b)if the infringements registrar makes a payment order in respect of that application, the relevant fees or costs payable in respect of any infringement penalty to which the payment order applies are waived, irrespective of whether the payment order is made during or after the waiver period.

41FPayment orders—2006 scheme

(1)If a payment order under which fees or costs were waived under the 2006 scheme is in force at the commencement of the waiver period, and the person makes a payment in accordance with the payment order during the waiver period—

(a)the fees and costs waived under the 2006 scheme continue to be waived; and

(b)any further fees or costs which may be waived under this Part are also waived.

(2)If a payment order under which fees or costs were waived under the 2006 scheme is in force at the commencement of the waiver period and the person defaults on the payment order during the waiver period—

(a)the fees or costs waived under the 2006 scheme remain waived for the duration of the waiver period; and

(b)if no new payment order is made during the waiver period, fees and costs waived under the 2006 scheme at the end of the waiver period are reinstated and become payable as part of the outstanding fine recoverable in accordance with the Act.

(3)If a payment order under which fees or costs waived under the 2006 scheme is in force at the commencement of the waiver period, and the person defaults on the payment order after the end of the waiver period, the fees and costs waived under the 2006 scheme and any fees or costs waived under this Part are reinstated and become payable as part of the outstanding fine recoverable in accordance with the Act.

41GEffect of waiver

(1)If fees and costs are waived in respect of a lodged infringement penalty in accordance with this Part—

(a)the amount outstanding in respect of that lodged infringement penalty is reduced accordingly; and

(b)the relevant fine is taken to be satisfied—

(i)if the person pays the reduced amount of the fine in full during the waiver period; or

(ii)if the person has entered into a payment order and pays the reduced amount of the fine in accordance with regulation 41E, irrespective of whether the final payment under that order is made during the waiver period or after the end of the waiver period; or

(iii)if, at the commencement of the waiver period, the deduction of fees and costs waived under this Part from the lodged infringement penalty results in the amount outstanding in respect of the infringement penalty for which an enforcement order has been issued being fully paid.

(2)Nothing in this regulation entitles a person to a refund of any fees and costs already paid in respect of any lodged infringement penalty or any enforcement order in respect of any lodged infringement penalty.

(3)Nothing in this regulation prevents the amount of any overpayment being applied to other outstanding enforcement orders with the consent of the person, under section 79(3)(b) of the Act.

41HCommunity work permits

(1)Despite section 152 of the Act, if during the waiver period—

(a)the sheriff arrests a person under one or more infringement warrants in respect of which relevant fees or costs are waived under this Part and releases the infringement offender on a community work permit under section 148 of the Act; and

(b)the amount outstanding under the infringement warrant or warrants includes relevant fees or costs waived under this Part—

the amount outstanding under the infringement warrant or warrants is reduced by the amount of the relevant fees or costs waived under this Part.

(2)When the sheriff issues a community work permit to an infringement offender during the waiver period, the number of hours to be worked for the community work permit is to be calculated on the basis of the reduced amount of the fine.

(3)Completion of the number of hours specified in a community work permit to which this regulation applies satisfies the amount outstanding under the infringement warrant.

(4)The sheriff must attach a copy of a record showing the amount of relevant fees and costs waived under this Part included in the amount outstanding under the infringement warrant to the copy of the community work permit provided to—

(a)the infringement offender under regulation 36(2), at the time that the community work permit is issued; and

(b)the Regional Manager under regulation 39(1), on the day that the community work permit is issued.

41IDefault after the end of the waiver period

(1)After the end of the waiver period, if a person defaults in the payment of a fine or part of a fine after the enforcement order costs and lodgement fee have been waived under this Part, the waived fees and costs—

(a)are reinstated; and

(b)become payable as part of the outstanding fine recoverable in accordance with Part 4 of the Act.

(2)After the end of the waiver period, if a person defaults in the payment of a fine or part of a fine after any warrant issue fee has been waived under this Part, the waived warrant issue fee is reinstated and becomes payable as part of the outstanding fine recoverable in accordance with Part 4 of the Act, unless the warrant issue fee is a fee in respect of an infringement warrant recalled and cancelled under section 81A of the Act or section 58 of the Magistrates' Court Act 1989.

__________________".

6New Schedule 5 inserted

After Schedule 4 to the Principal Regulations insert—

"__________________

SCHEDULE 5

Regulation 41A

PARTICIPATING GOVERNMENT ENFORCEMENT AGENCIES

Director of Consumer Affairs Victoria

Consumer and Business Affairs Victoria

Department of Health

Department of Human Services

Department of Natural Resources

Department of Natural Resources and Environment

Department of Primary Industries

Department of Sustainability and Environment

Department of Transport

Energy Safe Victoria

Environment Protection Authority

Marine Safety Victoria

Office of Chief Electrical Inspector

Parks Victoria

Port of Melbourne Corporation

Roads Corporation (VicRoads)

Trade Measurement Victoria

Victoria Police

Each of the following administrative units or groups within the Victoria Police force—

(a)Toll Enforcement Office

(b)Traffic Camera Office

Victorian Commission for Gambling Regulation

Victorian Electoral Commission

Victorian Taxi Directorate

Victorian WorkCover Authority".

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ENDNOTES

1Reg. 4: S.R. No. 76/2006.  Reprint No. 1 incorporating amendments as at 14 July 2008.  Reprinted to S.R. No. 85/2008 and subsequently amended by S.R. Nos 107/2008, 4/2009, 61/2009, 106/2009 and 168/2009.

[2] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 69/2000.  Reprint No. 3 incorporating amendments as at 1 July 2006.  Reprinted to S.R. No. 76/2006 and subsequently amended by S.R. Nos 101/2009 and 170/2009.

[3] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 6/2006.

[4] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 18/2006.

[5] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 25/2006.

[6] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 31/2006.

[7] Reg. 5 (proposed reg. 41A def. of 2006 scheme): S.R. No. 46/2006.