Untitled document
Children and Young Persons (Children's Court) (Amendment) Regulations 2005
S.R. No. 139/2005
TABLE OF PROVISIONS
Regulation Page
1.Objectives
2.Authorising provision
3.Principal Regulations
4.Advice in other languages
5.New regulations 12 to 21 inserted
12.Specified agencies under section 260B
13.Enforcement agencies
14.Continuing offence provision
15.Infringement notice
16.Penalty notice—prescribed offence
17.Courtesy letter costs
18.Courtesy letter—section 87 of the Road Safety Act 1986
19.Courtesy letter—section 88 of the Road Safety Act 1986
20.Minimum registrable amount
21.CAYPINS forms
6.Minor amendments
7.Schedule 2 substituted
SCHEDULE 2—Prescribed Regions of the State
8.Schedule 3 substituted
SCHEDULE 3—Prescribed Regions of the State
9.Amendments to Schedule 5
Form 11—Notice to Appear Before the Court—Criminal Division
Form 13—Probation Order
Form 15—Youth Supervision Order
Form 16—Youth Attendance Order
10.New Schedules 6 to 8 inserted
SCHEDULE 6—Specified Agencies for the Purposes of Section 260B of the Act
SCHEDULE 7—Enforcement Agencies
SCHEDULE 8—CAYPINS Forms
Form 1—Infringement Penalty for Registration
Form 2—Certificate for Registration of Infringement Penalty
Form 3—Non-Registration of an Infringement Penalty
Form 4—Application for Order that Payment of Fine
Form 5—Notice of Enforcement Order
11.Amendment of Road Safety (Drivers) Regulations 1999
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ENDNOTES
STATUTORY RULES 2005
S.R. No. 139/2005
Children and Young Persons Act 1989
Children and Young Persons (Children's Court) (Amendment) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 15 November 2005
Responsible Minister:
ROB HULLS
Attorney-GeneralJUSTINE FRANKLIN
Acting Clerk of the Executive Council
1.Objectives
The objectives of these Regulations are—
(a)to amend the Children and Young Persons (Children's Court) Regulations 2001—
(i)to prescribe matters relating to the procedure for enforcement of infringement penalties against a child; and
(ii)to prescribe the fees and costs payable in respect of enforcement of infringement penalties against a child; and
(iii)to make other amendments consequential on the Children and Young Persons (Miscellaneous Amendments) Act 2005; and
(b)to amend the Road Safety (Drivers) Regulations 1999 to make amendments consequential on the Children and Young Persons (Miscellaneous Amendments) Act 2005.
2.Authorising provision
These Regulations are made under section 280 of the Children and Young Persons Act 1989.
3.Principal Regulations
In these Regulations, the Children and Young Persons (Children's Court) Regulations 2001[1] are called the Principal Regulations.
4.Advice in other languages
After regulation 11(1) of the Principal Regulations insert—
"(1A)A notice of advice in the form of Form 19 must be included with and served with any document that is caused to be given or sent to a child by the registrar or the Court in accordance with—
(a)clause 6(1) of Schedule 2A to the Act; or
(b)clause 8(6) of Schedule 2A to the Act; or
(c)clause 9(3) of Schedule 2A to the Act.".
5.New regulations 12 to 21 inserted
After regulation 11 of the Principal Regulations insert—
'12.Specified agencies under section 260B
For the purposes of section 260B of the Act, a person or body listed in Schedule 6 is a specified agency.
13.Enforcement agencies
For the purposes of paragraphs (c), (d) and (e) of the definition of "enforcement agency" in clause 2 of Schedule 2A to the Act, a person, body, class of person or body, administrative unit or group of people described or specified in Schedule 7 is prescribed as an enforcement agency in relation to an infringement notice or penalty notice under a relevant provision prescribed by regulation 15 or 16 or an infringement penalty in such a notice.
14.Continuing offence provision
For the purposes of the definition of "continuing offence provision" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a)section 50A of the Associations Incorporation Act 1981;
(b)section 28 of the Business Names Act 1962;
(c)section 1314 of the Corporations Act.
15.Infringement notice
For the purposes of the definition of "infringement notice" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a)section 91 of the Conservation, Forests and Lands Act 1987;
(b)section 41E of the Country Fire Authority Act 1958;
(c)sections 23, 25, 26(1) and 36(2) of the Domestic Building Contracts Act 1995;
(d)sections 10(1), 10(2), 20, 21, 24(1), 24(2), 25(1) and 27(1) of the Domestic (Feral and Nuisance) Animals Act 1994;
(e)section 166(1) of the Electoral Act 2002;
(f)sections 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) and 142(2) of the Electricity Safety Act 1998;
(g)regulation 9(3) and 9(6) of the Electricity Safety (Electric Line Clearance) Regulations 2005[2];
(h)regulation 19(2) of the Electricity Safety (Equipment) Regulations 1999[3];
(i)regulations 17(2), 20 and 21(3) of the Electricity Safety (Equipment Efficiency) Regulations 1999[4];
(j)regulations 208(2)(a), 208(2)(b), 208(3), 312, 313(2), 313(3), 314, 404(1), 409(2), 412(1), 413(1), 414(1), 414(2), 414(3), 438(1), 439, 440(1), 440(3), 441(1), 442(1), 443(1) and 444 of the Electricity Safety (Installations) Regulations 1999[5];
(k)regulations 6(4), 8(1), 8(2)(a), 8(2)(b), 9(1), 9(2), 9(3), 9(4), 36(a), 36(b), 36(c)(i), 36(c)(ii), 36(d)(i), 36(d)(ii), 36(e), 38, 40(1), 41, 42(1), 42(2)(a), 42(2)(b), 43(1), 44, 46(1), 46(2)(a), 46(2)(b) and 46(2)(c) of the Electricity Safety (Network Assets) Regulations 1999[6];
(l)regulations 18(1), 18(2), 21 and 30(b) of the Electricity Safety (Stray Current Corrosion) Regulations 1999[7];
(m)section 63B of the Environment Protection Act 1970;
(n)sections 40(2), 75(3), 87(5), 88, 97, 124(1), 124(2), 124(3) and 139 of the Firearms Act 1996;
(o)sections 71(1), 71(3), 71B, 72(1), 72(2), 79B and 79C(1) of the Gas Safety Act 1997;
(p)clause 5 of Schedule 5 to the Housing Act 1983;
(q)sections 29(1), 35, 36(2), 36(4), 38(1) and 38(2) of the Introduction Agents Act 1997;
(r)section 40 of the Local Government Act 1989;
(s)section 18 of the Major Events (Crowd Management) Act 2003;
(t)section 60 of the Marine Act 1988;
(u)section 92 of the Metropolitan Fire Brigades Act 1958;
(v)section 106 of the Mineral Resources Development Act 1990;
(w)sections 20(1), 25(2), 27(3), 31B(1), 34, 35(2), 41(2)(b), 42(2)(a), 42(2)(b), 42A(1), 44, 52(1) and 52(6) of the Motor Car Traders Act 1986 and regulations 23(1), 24(1) and 24(2) of the Motor Car Trader Regulations 1998[8];
(x)section 15A(2) of the Prevention of Cruelty to Animals Act 1986 and regulation 24(1) and (5) of the Prevention of Cruelty to Animals Regulations 1997[9];
(y)sections 87 and 88 of the Road Safety Act 1986;
(z)section 18(1) of the Summary Offences Act 1966;
(za)section 38 of the Tobacco Act 1987;
(zb)sections 7(1), 8(1), 28(1) (for contravention of regulation 61(1) or 63(1) of the Trade Measurement Regulations 1995[10] for an offence prescribed in Schedule 9 to those regulations), 28(2) (for a contravention of regulation 61(1) or 63(1) of the Trade Measurement Regulations 1995 for an offence prescribed in Schedule 9 to those regulations) of the Trade Measurement Act 1995 and regulations 22, 48(2) (for non-compliance with a direction under regulation 48(1)(d)), 51(1)(e), 51(1)(f), 51(3)(a), 51(3)(b), 51(3)(c) and 51(3)(d) of the Trade Measurement Regulations 1995;
(zc)section 212 of the Transport Act 1983.
16.Penalty notice—prescribed offence
For the purposes of the definitions of "penalty notice" and "prescribed offence" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a)section 50B of the Associations Incorporation Act 1981;
(b)section 28A of the Business Names Act 1962; and
(c)section 1313 of the Corporations Act.
17.Courtesy letter costs
For the purposes of clause 3(2)(a) of Schedule 2A to the Act, the prescribed costs are 1×8 fee units.
18.Courtesy letter—section 87 of the Road Safety Act 1986
(1)This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 87 of the Road Safety Act 1986 where the person served was, at the time of the alleged offence, the owner of the vehicle within the meaning of Part 7 of that Act.
(2)For the purposes of clause 3(4) of Schedule 2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not in charge of the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or a statutory declaration setting out the name and address of the person who was in charge of the motor vehicle at the relevant time.''.
19.Courtesy letter—section 88 of the Road Safety Act 1986
(1)This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 88 of the Road Safety Act 1986 in respect of an infringement detected by a detection device prescribed for the purposes of section 66 of that Act where the person served was, at the time of the alleged offence, the owner of the motor vehicle within the meaning of section 66 of that Act.
(2)For the purposes of clause 3(4) of Schedule 2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not driving the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or in a statutory declaration setting out the name and address of the person who was driving the motor vehicle at the relevant time.''.
20.Minimum registrable amount
The amount specified for the purposes of clause 5(4) of Schedule 2A to the Act is $10.00.
21.CAYPINS forms
(1)For the purposes of clause 5(1)(a) of Schedule 2A to the Act, a document must be in the form of and contain the details required by Form 1 of Schedule 8.
(2)For the purposes of clause 5(1)(b) of Schedule 2A to the Act, a certificate must be in Form 2 of Schedule 8.
(3)For the purposes of clause 5(5) of Schedule 2A to the Act, a notice must be in Form 3 of Schedule 8.
(4)For the purposes of clause 7(2) of Schedule 2A to the Act, the prescribed form is Form 4 of Schedule 8.
(5)For the purposes of clause 8(6) of Schedule 2A to the Act, a notice of enforcement order must be in Form 5 of Schedule 8.'.
6.Minor amendments
(1)In regulation 9 of the Principal Regulations, for "Schedule 4" substitute "Schedule 5".
(2)In Schedule 4 to the Principal Regulations, for "Regulations 8, 9" substitute "Regulation 8".
7.Schedule 2 substituted
For Schedule 2 to the Principal Regulations substitute—
"SCHEDULE 2
Regulation 6
PRESCRIBED REGIONS OF THE STATE
| Alpine Shire Council | Loddon Shire Council |
| Ararat Rural City Council | Macedon Ranges Shire Council |
| Ballarat City Council | Mansfield Shire Council |
| Bass Coast Shire Council | Mildura Rural City Council |
| Baw Baw Shire Council | Mitchell Shire Council |
| Benalla Rural City Council | Moira Shire Council |
| Borough of Queenscliffe | Moorabool Shire Council |
| Buloke Shire Council | Mount Alexander Shire Council |
| Campaspe Shire Council | Moyne Shire Council |
| Central Goldfields Shire Council | Murrindindi Shire Council |
| Colac-Otway Shire Council | Northern Grampians Shire Council |
| Corangamite Shire Council | Pyrenees Shire Council |
| East Gippsland Shire Council | South Gippsland Shire Council |
| Gannawarra Shire Council | Southern Grampians Shire Council |
| Glenelg Shire Council | Strathbogie Shire Council |
| Golden Plains Shire Council | Surf Coast Shire Council |
| Greater Bendigo City Council | Swan Hill Rural City Council |
| Greater Geelong City Council | Towong Shire Council |
| Greater Shepparton City Council | Wangaratta Rural City Council |
| Hepburn Shire Council | Warrnambool City Council |
| Hindmarsh Shire Council | Wellington Shire Council |
| Horsham Rural City Council | West Wimmera Shire Council |
| Indigo Shire Council | Wodonga City Council |
| Latrobe City Council | Yarriambiack Shire Council |
__________________".
8.Schedule 3 substituted
For Schedule 3 to the Principal Regulations, substitute—
"SCHEDULE 3
Regulation 7
PRESCRIBED REGIONS OF THE STATE
| Alpine Shire Council | Loddon Shire Council |
| Ararat Rural City Council | Macedon Ranges Shire Council |
| Ballarat City Council | Mansfield Shire Council |
| Bass Coast Shire Council | Mildura Rural City Council |
| Baw Baw Shire Council | Mitchell Shire Council |
| Benalla Rural City Council | Moira Shire Council |
| Borough of Queenscliffe | Moorabool Shire Council |
| Buloke Shire Council | Mount Alexander Shire Council |
| Campaspe Shire Council | Moyne Shire Council |
| Central Goldfields Shire Council | Murrindindi Shire Council |
| Colac-Otway Shire Council | Northern Grampians Shire Council |
| Corangamite Shire Council | Pyrenees Shire Council |
| East Gippsland Shire Council | South Gippsland Shire Council |
| Gannawarra Shire Council | Southern Grampians Shire Council |
| Glenelg Shire Council | Strathbogie Shire Council |
| Golden Plains Shire Council | Surf Coast Shire Council |
| Greater Bendigo City Council | Swan Hill Rural City Council |
| Greater Geelong City Council | Towong Shire Council |
| Greater Shepparton City Council | Wangaratta Rural City Council |
| Hepburn Shire Council | Warrnambool City Council |
| Hindmarsh Shire Council | Wellington Shire Council |
| Horsham Rural City Council | West Wimmera Shire Council |
| Indigo Shire Council | Wodonga City Council |
| Latrobe City Council | Yarriambiack Shire Council |
__________________".
9.Amendments to Schedule 5
(1)In Schedule 5 to the Principal Regulations, for Form 11 substitute—
"FORM 11
Children and Young Persons Act 1989
(sections 143, 146, 148, 155, l60, l65, l84)
NOTICE TO APPEAR BEFORE THE COURT—CRIMINAL DIVISION
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
Details of the Sentencing Order
The order was made by the Children's Court at (location)
on (date)
The charges were filed by— (Full name of informant)
Agency and address—
Phone—
The sentencing order was:
*an Accountable Undertaking *a Good Behaviour Bond
*a Fine *Probation
*a Youth Supervision Order *a Youth Attendance Order
The *probation/*youth supervision order was made pursuant to section 155(1)(d) of the Act.
Details of this notice
Reasons for service of this notice
Applicant's name—
Agency and address—
Phone—
Date—
(Signature)
Details of the hearing
A hearing of this case will be held at a.m./p.m. on at the Children's Court at
YOU MUST APPEAR BEFORE THE COURT AT THE HEARING
IF THE ORDER WAS MADE AGAINST YOU, AND YOU FAIL TO APPEAR BEFORE THE COURT, THE COURT MAY ORDER THAT A WARRANT TO ARREST YOU BE ISSUED
Issued at—
Date—
by Order of the Court
Registrar
*delete if not applicable
__________________".
(2)In Schedule 5 to the Principal Regulations, for Form 13 substitute—
"FORM 13
Children and Young Persons Act 1989
(sections 155, 158, 159)
PROBATION ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date) has found you guilty of:
You *were/*were not convicted.
Details of the Order
The Court orders that you be placed on probation
for (period) until (end date).*The order was made pursuant to section 155(1)(d) of the Act.
*This probation order is *concurrent/*cumulative/*partly cumulative upon other probation order(s) as follows:
The following conditions apply to your probation order
1. You must report to the Secretary to the Department of Human Services within 2 working days after this order is made.
2. You must report, during the period of the probation order, to your assigned probation officer as required by the probation officer.
3. You must not re-offend during the period of the probation order.
4. You must not leave the State without the written permission of the Secretary to the Department of Human Services.
5. You must notify your assigned probation officer of any change of residence, school or employment within 48 hours after the change.
6. You must obey the reasonable and lawful instructions of your assigned probation officer.
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________".
(3)In Schedule 5 to the Principal Regulations, for Form 15 substitute—
"FORM 15
Children and Young Persons Act 1989
(sections 155, 163, 164)
YOUTH SUPERVISION ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date) has found you guilty of:
You *were/*were not convicted.
Details of the Order
The Court orders that you be placed on a youth supervision order for (period) until (end date).
*The order was made pursuant to section 155(1)(d) of the Act.
*This youth supervision order is *concurrent/*cumulative/
*partly cumulative upon other youth supervision order(s) as follows:The following conditions apply to your youth supervision order
1. You must report to the Secretary to the Department of Human Services within 2 working days after this order is made.
2. You must report, during the period of the youth supervision order, to the Secretary to the Department of Human Services as required by the Secretary.
3. You must not re-offend during the period of the youth supervision order.
4. You must not leave the State without the written permission of the Secretary to the Department of Human Services.
5. You must notify the Secretary to the Department of Human Services of any change of residence, school or employment within 48 hours after the change.
6. You must attend a youth supervision unit or any other place specified in the youth supervision order.
7. You must participate in a community service program or any other program, if so directed by the Secretary to the Department of Human Services.
8. You must obey the reasonable and lawful instructions of the Secretary to the Department of Human Services.
NOTE:Any reference to the Secretary to the Department of Human Services is to be taken as a reference to one of his or her delegated officers
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________".
(4)In Schedule 5 to the Principal Regulations, for Form 16 substitute—
"FORM 16
Children and Young Persons Act 1989
(sections 170, 172)
YOUTH ATTENDANCE ORDER
Court Ref—
To— (name) *Male/*Female
Date of Birth—
Address—
The Children's Court at (location) on (date) has convicted you of:
and makes a youth attendance order in respect of you
for (period) until (end date).*This youth attendance order is *concurrent/*cumulative/
*partly cumulative upon other youth attendance order(s) as follows:Details of the Order
1. You must report to the Secretary to the Department of Human Services within 2 working days after this order is made.
2. You must not commit another offence during the period that the order is in force.
3. You must attend at a youth supervision unit
for (period) until (end date).4. You must not leave the State without the written permission of the Secretary.
5. You must notify the Secretary of any change of residence, school or employment within 48 hours after the change.
6. You must comply with the provisions of a notice from the Secretary under section 177 of the Act requiring you to attend a youth supervision unit or a notice varying the details of your attendance.
7. You must comply with the requirements for attendance of section 177(1)(a) and (b) of the Act.
8. You must attend at any alternative day and time fixed by the Secretary under section 177(5) of the Act or attend for any extension of the term of the order as fixed by the Secretary under section 177(6) of the Act.
9. You must carry out the reasonable and lawful directions of the Secretary or any person acting under the authority of the Secretary under sections 182 and 183(1) of the Act.
NOTE:Any reference to the Secretary to the Department of Human Services is to be taken as a reference to one of his or her delegated officers.
*You must comply with the following special condition(s):
I consent to this order being made.
(Signature of child)
Date—
*Judge/*Magistrate
*delete if not applicable
__________________".
(5)In Schedule 5 to the Principal Regulations, Form 20 is revoked.
10.New Schedules 6 to 8 inserted
After Schedule 5 to the Principal Regulations insert—
"__________________
SCHEDULE 6
Regulation 12
SPECIFIED AGENCIES FOR THE PURPOSES OF SECTION 260B OF THE ACT
1.Members of the police force of Victoria.
2.The Licensing Services Division within the police force of Victoria.
3.A Council within the meaning of the Local Government Act 1989.
4.A Department or Administrative Office within the meaning of the Public Administration Act 2004.
5.Each of the following administrative units or groups within the Department of Infrastructure—
(a)Marine Safety Victoria;
(b)Victorian Tow Truck Directorate;
(c)Victorian Taxi Directorate.
6.The administrative unit or group within the Department of Justice known as Consumer Affairs Victoria.
7.An institution specified in Schedule 1 to the Tertiary Education Act 1993.
8.The college affiliated to the University of Melbourne known as Queen's College.
9.A body that is a TAFE college within the meaning of the Vocational Education and Training Act 1990 or an administrative unit that is the TAFE division of a university with a TAFE division within the meaning of that Act.
10.A Board within the meaning of the Alpine Resorts (Management) Act 1997.
11.The Alpine Resorts Co-ordinating Council established under Part 3 of the Alpine Resorts (Management) Act 1997.
12.A port corporation within the meaning of the Port Services Act 1995.
13.The local authority within the meaning of the Marine Act 1988 known as Gippsland Ports.
14.VicUrban—Victorian Urban Development Authority.
15.Melbourne Market Authority.
16.Office of the Chief Electrical Inspector.
17.Office of Gas Safety.
18.Parks Victoria.
19.Roads Corporation.
20.The House Committee within the meaning of the Parliamentary Committees Act 2003.
21.Victorian Arts Centre Trust.
22.Victorian College of the Arts.
23.Victorian WorkCover Authority.
24.A hospital listed in Schedule 1, 2 or 3 to the Health Services Act 1988.
__________________
SCHEDULE 7
Regulation 13
ENFORCEMENT AGENCIES
1.Members of the police force of Victoria.
2.The Licensing Services Division within the police force of Victoria.
3.A Council within the meaning of the Local Government Act 1989.
4.A Department or Administrative Office within the meaning of the Public Administration Act 2004.
5.Each of the following administrative units or groups within the Department of Infrastructure—
(a)Marine Safety Victoria;
(b)Victorian Tow Truck Directorate;
(c)Victorian Taxi Directorate.
6.The administrative unit or group within the Department of Justice known as Consumer Affairs Victoria.
7.An institution specified in Schedule 1 to the Tertiary Education Act 1993.
8.The college affiliated to the University of Melbourne known as Queen's College.
9.A body that is a TAFE college within the meaning of the Vocational Education and Training Act 1990 or an administrative unit that is the TAFE division of a university with a TAFE division within the meaning of that Act.
10.A Board within the meaning of the Alpine Resorts (Management) Act 1997.
11.The Alpine Resorts Co-ordinating Council established under Part 3 of the Alpine Resorts (Management) Act 1997.
12.A port corporation within the meaning of the Port Services Act 1995.
13.The local authority within the meaning of the Marine Act 1988 known as Gippsland Ports.
14.VicUrban—Victorian Urban Development Authority.
15.Melbourne Market Authority.
16.Office of the Chief Electrical Inspector.
17.Office of Gas Safety.
18.Parks Victoria.
19.Roads Corporation.
20.The House Committee within the meaning of the Parliamentary Committees Act 2003.
21.Victorian Arts Centre Trust.
22.Victorian College of the Arts.
23.Victorian WorkCover Authority.
24.A hospital listed in Schedule 1, 2 or 3 to the Health Services Act 1988.
__________________
SCHEDULE 8
CAYPINS FORMS
FORMS
FORM 1
Regulation 21(1)
Children and Young Persons Act 1989
(Schedule 2A clause 5(1)(a))
INFRINGEMENT PENALTY FOR REGISTRATION
[Name of Enforcement Agency] seeks to have the infringement penalty, as detailed below, registered.
DETAILS OF CHILD
Surname: Other Names:
Date of Birth:
Address:
Suburb: Postcode:
DETAILS OF INFRINGEMENT NOTICE
Description of offence:
*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/
*Commonwealth Act or subordinate instrument that applies as a law of Victoria/*Code:Infringement Notice No.:
Time of offence: Date of offence:
Place of offence: Date of Issue of Infringement Notice:
VEHICLE DETAILS (if relevant)
Registration Number: State of Issue (Registration):
*Licence/*Permit Number:
State of Issue (*Licence/*Permit):
Vehicle Class:
ENFORCEMENT AGENCY DETAILS
Informant's Name:
Agency:
Address:
PENALTY/INSTALMENT DETAILS
The original infringement amount was: [insert amount]
The amount that has been paid is: [insert amount]
The amount to be registered (including $ [insert amount] costs) is: [insert amount]
(The amount to be registered consists of the original infringement amount minus any amount previously paid to the Agency (whether or not pursuant to an instalment arrangement), plus any prescribed costs.)
*delete if not applicable.
NOTES:
· this form can be replicated for each additional penalty/instalment.
· clause 14 of Schedule 2A to the Children and Young Persons Act 1989 provides that Part 2 of Schedule 2A applies, with any necessary modifications, to Penalty Notices.
_____________________
FORM 2
Regulation 21(2)
Children and Young Persons Act 1989
(Schedule 2A clause 5(1)(b))
CERTIFICATE FOR REGISTRATION OF INFRINGEMENT PENALTY
I, [Name] , an appropriate officer of [Name of Enforcement Agency] certify that in respect of the child referred to in the document provided under clause 5(1)(a) of Schedule 2A to the Children and Young Persons Act 1989 with this certificate, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied—
(a)an infringement notice has been served on the child;
(b)a courtesy letter has been served on the child after the end of the t ime specified in the infringement notice as the time within which the infringement penalty may be paid;
(c)a period o f at least 28 days has passed since the courtesy le tter was served;
(d)t h e infringement penalty and any prescribed costs had not been paid before this certificate was issued;
(e)the child entered into an arrangement to pay the infringement penalty and any prescribed costs by instalments—
(i)the child has failed to comply with the arrangement; and
(ii)a specified amount still remains to be paid under the arrangement;
(f)the child has not, under clause 3(7) of Schedule 2A to the Children and Young Persons Act 1989 declined to be dealt with under Part 2 of Schedule 2A to that Act;
(g)a charge in relation to the offence has not been filed;
(h)a charge may still be filed in relation to the offence, having regard to the time when the offence is alleged to have been committed;
(i)if the infringement notice was served under section 87 of the Road Safety Act 1986, the child was at the time of the alleged offence—
(i)the owner of the vehicle within the meaning of Part 7 of that Act; or
(ii)the person in charge of the vehicle as shown in a statement or declaration supplied in accordance with section 86(3)(a), (aab) or (ab) of that Act;
(j)if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the child was at the time of the alleged offence—
(i)the owner of the motor vehicle within the meaning of section 66 of that Act; or
(ii)the driver of the motor vehicle as shown in a statement or declaration supplied in accordance with section 66(3)(a), (aab) or (ab) of that Act;
(k)if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the child was at the time of the alleged offence—
(i)the owner of the vehicle within the meaning of Part 4 of that Act; or
(ii)the driver of the vehicle as shown in a statement or declaration supplied in accordance with section 87(3)(a), (aab) or (ab) of that Act;
(l)if the infringement notice was issued in respect of an offence under section 204 of the Mitcham–Frankston Project Act 2004, the child was at the time of the trip to which the alleged offence relates—
(i)the owner of the vehicle within the meaning of that Act; or
(ii)the driver of the vehicle as shown in a statement supplied under section 199 or 219 of that Act.
I also certify that all money received in part payment was appropriated to the infringement penalty and received as a consequence of the child against whom the infringement was issued entering into an agreement with the Enforcement Agency to pay by instalments.
Signed on behalf of the Enforcement Agency by:
Appropriate Officer:
Print Name:
Date:
*delete if not applicable.
NOTE:Clause 14 of Schedule 2A to the Children and Young Persons Act 1989 provides that Part 2 of Schedule 2A applies, with any necessary modifications, to Penalty Notices.
_______________________
FORM 3
Regulation 21(3)
Children and Young Persons Act 1989
(Schedule 2A clause 5(5))
NON-REGISTRATION OF AN INFRINGEMENT PENALTY
Infringement No.:
Date:
Enforcement agency:
Child's name:
Address:
To the Registrar of the Children's Court at [venue]
The enforcement agency in this matter requests that you not register the infringement penalty identified by this form.
Signed on behalf of the
enforcement agency by:Name:
Date:
_______________________
FORM 4
Regulation 21(4)
Children and Young Persons Act 1989
(Schedule 2A clause 7(2))
APPLICATION FOR ORDER THAT
PAYMENT OF FINE
NOT BE ENFORCED
Registration No.:
Date of registration:
Child's name:
Date of birth:
Address:
Description of offence:
Place of offence:
Date of offence:
Enforcement agency:
Amount registered: $
I, [Name of child] , apply to the Registrar of the Children's Court of Victoria for an order that payment of the above fine not be enforced.
* Details of my employment, school attendance and personal and financial circumstances are as follows.
OR
* I have already provided details in writing to the Registrar of my employment, school attendance and personal and financial circumstances
I am aware that a copy of this application together with any information provided under clause 6(3) of Schedule 2A to the Children and Young Persons Act 1989 will be provided to the enforcement agency that issued the infringement notice if an order is made that payment of the above fine not be enforced.
Signed:
Name:
Date:
NOTE:Clause 14 of Schedule 2A to the Children and Young Persons Act 1989 provides that Part 2 of Schedule 2A applies, with any necessary modifications, to Penalty Notices.
*delete if not applicable.
____________________
FORM 5
Regulation 21(5)
Children and Young Persons Act 1989
(Schedule 2A clause 8(6))
NOTICE OF ENFORCEMENT ORDER
COURT REFERENCE NUMBER:
DATE OF REGISTRATION:
DETAILS OF CHILD
Surname: Other Names:
Date of Birth:
Address:
Suburb: Postcode:
DETAILS OF INFRINGEMENT NOTICE
Description of offence:
*Act/*Statutory Rule/*Local Law/*Subordinate Instrument/ *Commonwealth Act or subordinate instrument that applies as a law of Victoria/*Code:
Infringement Notice No.:
Time of offence: Date of offence:
Place of offence: Date of Issue of Infringement Notice:
ENFORCEMENT AGENCY DETAILS
Informant's Name:
Agency:
Address:
DETAILS OF ORDER
On [date] , at [venue] the following orders were made:
Dated:
for Registrar
Failure to make the payment required in this order or to make an application to the Registrar (see Notes) may result in further proceedings in the Children's Court.
Methods of payment (insert details)
WARNING:
DO NOT IGNORE THIS NOTICE OR MORE SERIOUS PENALTIES MAY BE IMPOSED.
NOTE
1. You may apply to the registrar of the Children's Court at for one or more of the following:
(a)an order that the time within which the fine is to be paid be extended; or
(b)an order that the fine be paid by instalments; or
(c)an order for the variation of an instalment order; or
(d)an order that payment of the fine not be enforced.
(1) If this order requires you to make any payment, you have 28 days after the date of this notice to apply in writing to the Court for a review of the registrar's order.
(2) If this order is that payment of the fine not be enforced, the enforcement agency listed on this notice has 14 days after the date of this notice to apply to the Court for a review of the registrar's order.
(3) If this order relates to a traffic infringement within the meaning of the Road Safety Act 1986, it does not prevent the incurring of demerit points under section 25 of that Act in relation to that infringement.
If you do not understand this document, you should immediately have it interpreted and explained to you. You may get advice from:
A registrar of the Children's Court [insert address and telephone number]
Your local solicitor
Victoria Legal Aid [insert address and telephone number]
*delete if not applicable.
NOTE:Clause 14 of Schedule 2A provides that Part 2 of Schedule 2A applies, with any necessary modifications, to Penalty Notices. ".
11.Amendment of Road Safety (Drivers) Regulations 1999
In regulation 301(3)(d) of the Road Safety (Drivers) Regulations 1999[11], after "Magistrates Court Act 1989" insert "or Schedule 2A to the Children and Young Persons Act 1989".
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ENDNOTES
[1] Reg. 3: S.R. No. 88/2001.
[2] Reg. 5 (in proposed reg. 15(g)): S.R. No. 74/2005.
[3] Reg. 5 (in proposed reg. 15(h)): S.R. No. 47/1999.
[4] Reg. 5 (in proposed reg. 15(i)): S.R. No. 48/1999.
[5] Reg. 5 (in proposed reg. 15(j)): S.R. No. 49/1999.
[6] Reg. 5 (in proposed reg. 15(k)): S.R. No. 141/1999.
[7] Reg. 5 (in proposed reg. 15(l)): S.R. No. 50/1999.
[8] Reg. 5 (in proposed reg. 15(w)): S.R. No. 56/1998.
[9] Reg. 5 (in proposed reg. 15(x)): S.R. No. 159/1997.
[10] Reg. 5 (in proposed reg. 15(zb)): S.R. No. 194/1995.
[11] Reg. 11: S.R. No. 26/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 115/2002. Subsequently amended by S.R. Nos 45/2003, 136/2003, 48/2004, 50/2004, 55/2004, 85/2004, 88/2004, 158/2004 and 45/2005.
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