Untitled document
Infringements and Other Acts Amendment Act 2008
No. 9 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Trial Expansion of Enforcement by Infringement Notice
4Effect of suspension of licence or permit under Liquor Control Reform Act 1998
5Infringement offences—Liquor Control Reform Act 1998
6Consumption or supply of liquor on buses—Liquor Control Reform Act 1998
7Power to serve infringement notice—Liquor Control Reform Act 1998
8Infringement penalties—Liquor Control Reform Act 1998
9Summary Offences Act 1966
10New section 74A inserted—Crimes Act 1958
74AShop theft
11Repeal of amendments relating to trial period
Part 3—Miscellaneous Amendments to the Principal Act
12Request for additional information
13Review by enforcement agency
14Decision to go to Court—lodgeable infringement offences
15New section 40A inserted
40AGoing to Court—indictable offences
16Payment plans may extend period for bringing proceedings
for offence17Lodgement of infringement penalty with infringements
registrar18Extended period for lodgement
19Expiry of enforcement orders
20Reinstatement after enforcement order has expired
21Power to vary costs or fees
22New section 71A inserted
71AGoing to Court—indictable offences
23Application of Part 7
24Detention, immobilisation and sale of motor vehicles
25Seizure and sale and recovery by third party
26Return of motor vehicle or item of low monetary value
27Application of proceeds of sale and good title
28Meaning of person in default in Part 8
29Action under Part 8
30Sheriff may direct VicRoads to suspend driver licence
31When does suspension of driver licence cease?
32Sheriff may direct VicRoads to suspend vehicle registration
33When does suspension of registration cease?
34Direction not to renew driver licence or motor vehicle registration
35Renewal of licence or registration
36Direction not to transfer registration
37When can transfer of registration occur?
38Section 122 substituted
122Application of Part
39Charges over and sale of real property
40Powers of the Court
Part 4—Amendments to Other Acts
41Amendment of Children, Youth and Families Act 2005
42Amendment of Melbourne City Link Act 1995
43Amendment of Subordinate Legislation Act 1994
44New section 121A inserted in Supreme Court Act 1986
121APower to temporarily restrain
45Amendment of Surveillance Devices Act 1999
Part 5—General
46Repeal of Act
═══════════════
Endnotes
Infringements and Other Acts Amendment Act 2008
No. 9 of 2008
[Assented to 18 March 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Liquor Control Reform Act 1998, the Summary Offences Act 1966 and the Crimes Act 1958 to provide for a trial period of enforcement of certain offences by infringement notice;
(b)to make miscellaneous amendments to the Infringements Act 2006 to refine the operation of aspects of that Act;
(c)to make various amendments to other Acts which interact with the Infringements Act 2006;
(d)to amend the Supreme Court Act 1986 to further provide for sheriff's powers in executing civil warrants.
2Commencement
(1)Subject to subsection (3), this Act, other than section 11, comes into operation on a day or days to be proclaimed.
(2)Subject to subsection (4), section 11 comes into operation on a day to be proclaimed.
(3)If a provision of this Act, other than section 11, does not come into operation before 1 January 2009, it comes into operation on that day.
(4)If section 11 does not come into operation before 1 July 2011, it comes into operation on that day.
3Principal Act
In this Act, the Infringements Act 2006 is called the Principal Act.
__________________
Part 2—Trial Expansion of Enforcement by Infringement Notice
4Effect of suspension of licence or permit under Liquor Control Reform Act 1998
In section 97(2) of the Liquor Control Reform Act 1998, for "section 113(1)(c) or (d)" substitute "section 113(1B) or (1C)".
5Infringement offences—Liquor Control Reform Act 1998
(1)For section 113(1) of the Liquor Control Reform Act 1998 substitute—
"(1)A person must not consume or supply liquor on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.
Penalty:50 penalty units.
(1A)A person must not have in possession or under control any liquor other than liquor in a sealed container on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.
Penalty:50 penalty units.
(1B)A person must not permit or allow any liquor to be consumed or supplied on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.
Penalty:50 penalty units.
(1C)A person must not permit or allow any liquor other than liquor in a sealed container to be in the possession or under the control of a person on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.
Penalty:50 penalty units.".
(2)Section 114(d) of the Liquor Control Reform Act 1998 is repealed.
(3)At the end of section 114 of the Liquor Control Reform Act 1998 insert—
"(2)A person who is drunk, violent or quarrelsome must not refuse or fail to leave licensed premises if requested to do so by—
(a)the licensee or permittee; or
(b)an employee or agent of the licensee or permittee; or
(c)a member of the police force.
Penalty:20 penalty units.".
6Consumption or supply of liquor on buses—Liquor Control Reform Act 1998
In section 113A(2) of the Liquor Control Reform Act 1998, for "section 113(1)(c)" substitute "section 113(1B)".
7Power to serve infringement notice—Liquor Control Reform Act 1998
In section 141(2) of the Liquor Control Reform Act 1998—
(a)after paragraph (fa) insert—
"(fb)section 113(1), (1A), (1B) or (1C) (consuming or having liquor on unlicensed premises);";
(b)in paragraph (g) for "section 114 (except paragraph (d))" substitute "section 114(1)";
(c)after paragraph (g) insert—
"(ga)section 114(2) (refusal or failure by person who is drunk, violent or quarrelsome to leave licensed premises when requested to do so);".
8Infringement penalties—Liquor Control Reform Act 1998
(1)After section 141(1A) of the Liquor Control Reform Act 1998 insert—
"(1B)Despite subsection (1), an infringement notice must not be served under subsection (1) on a person who is under 18 years of age at the time of the alleged offence in respect of the following offences—
(a)an offence against section 113(1), (1A), (1B) or (1C);
(b)an offence against section 114(1);
(c)an offence against section 114(2).".
(2)After section 144(2) of the Liquor Control Reform Act 1998 insert—
"(3)Despite subsection (1), the infringement penalty for an offence against section 113(1), (1A), (1B) or (1C) is 2 penalty units.".
9Summary Offences Act 1966
(1)After section 60AA(1) of the Summary Offences Act 1966 insert—
"(1A)A member of the police force may serve an infringement notice on any person that he or she has reason to believe has committed an offence against the following sections—
(a)section 9(1)(c);
(b)section 17(1)(c);
(c)section 17(1)(d).
(1B)An infringement notice under subsection (1A) must not be served on a person who is under 18 years of age at the time of the alleged offence.".
(2)In section 60AA(2) of the Summary Offences Act 1966 after "subsection (1)" insert "or (1A)".
(3)At the end of section 60AB of the Summary Offences Act 1966 insert—
"(2)Despite subsection (1), the infringement penalty for an alleged offence against section 9(1)(c), 17(1)(c) or 17(1)(d) for which an infringement notice may be served is 2 penalty units.".
10New section 74A inserted—Crimes Act 1958
After section 74 of the Crimes Act 1958 insert—
"74A Shop theft
(1)Despite section 74 and anything to the contrary in this Division, a member of the police force may serve an infringement notice on any person if he or she believes on reasonable grounds that the theft is shop theft.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)The infringement penalty for an offence for which an infringement notice may be served under this section is 2 penalty units.
(4)An infringement notice under this section must not be served on a person who is under 18 years of age at the time of the alleged offence.
Note
The Infringements Act 2006 provides that, subject to that Act and any other Act, a person who pays an infringement penalty and any prescribed costs within the time required under that Act expiates the offence by that payment. Section 33 of that Act provides that, generally, expiation means that no further proceedings may be taken against the person for that offence and no conviction is taken to have been recorded against the person for that offence. Payment is not to be taken as an admission of guilt or liability and payment is not to be referred to in any report provided to a court for the purposes of determining sentence for an offence.
(5)For the purposes of this section—
retail premises means the whole or any part of a building, structure or place or any vehicle—
(a)that is used wholly or predominantly for the retail sale of goods; and
(b)in or at which goods are sold or exposed or offered for sale by retail on one or more occasions;
shop theft means theft from retail premises of property which is goods valued at, or displayed for sale at, a price less than $600.".
11Repeal of amendments relating to trial period
(1)In the Liquor Control Reform Act 1998—
(a)section 141(1B) is repealed;
(b)in section 141(2), paragraphs (fb) and (ga) are repealed;
(c)section 144(3) is repealed.
(2)In the Summary Offences Act 1966—
(a)section 60AA(1A) and (1B) are repealed;
(b)in section 60AA(2) omit "or (1A)";
(c)section 60AB(2) is repealed.
(3)Section 74A of the Crimes Act 1958 is repealed.
__________________
Part 3—Miscellaneous Amendments to the Principal Act
12Request for additional information
For section 23(2), (3) and (4) of the Principal Act substitute—
"(2)If an enforcement agency makes a request under subsection (1) , it must suspend the review until the earlier of—
(a)35 days from the date specified in the document making the request as the date of the document; or
(b)the date when the additional information is provided.
(3)Within 14 days of service of the request for additional information by the enforcement agency, the applicant—
(a)must provide the additional information; or
(b)if additional time is required, may request in writing an extension of time to provide the additional information.
(4)If the applicant requests additional time in accordance with subsection (3)(b), the enforcement agency may—
(a)refuse to extend the time for the provision of the additional information; or
(b)grant an extension of time for that information to be provided.
(5)If an enforcement agency grants an extension of time under subsection (4)(b), the agency must inform the applicant in writing of the period of the extension.
(6)If an applicant fails to provide the information requested under subsection (1) to the enforcement agency within the period specified in subsection (3) or, if an extension is granted under subsection (4)(b), within the period of that extension, the enforcement agency—
(a)may review the decision under section 24 without the additional information; or
(b)despite subsections (3) and (4)—
(i)if the applicant provides the additional information to the enforcement agency out of time, may accept that late information; and
(ii)may review the decision under section 24 with that late information.".
13Review by enforcement agency
For section 24(3)(a)(ii) of the Principal Act substitute—
"(ii)if an enforcement agency requests additional information under section 23, within the prescribed period referred to in subparagraph (i) plus 35 days, whether or not the additional information was received by the agency; and".
14Decision to go to Court—lodgeable infringement offences
In section 40(3) of the Principal Act, for "Without" substitute "Subject to section 40A, without".
15New section 40A inserted
After section 40 of the Principal Act insert—
"40A Going to Court—indictable offences
If a person has been served with an infringement notice in respect of a lodgeable infringement offence which is an indictable offence and the person elects under this Part to have the matter heard and determined in the Court or an enforcement agency refers the matter to the Court under this Part, section 53 of the Magistrates' Court Act 1989 applies as if the person had been charged before the Court with that indictable offence.".
16Payment plans may extend period for bringing proceedings for offence
(1)In section 53(1) of the Principal Act, omit "other than a lodgeable infringement offence" (wherever occurring).
(2)The note at the foot of section 53 of the Principal Act is repealed.
17Lodgement of infringement penalty with infringements registrar
For section 54(2)(g) and (h) of the Principal Act substitute—
"(g)if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the person was at the time of the infringement offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence; and
(h)if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004, the person was at the time of the trip to which the infringement offence relates the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence.".
18Extended period for lodgement
After section 55(h) of the Principal Act insert—
"(ha)if a nomination of a kind specified in paragraph (h) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination, no more than 6 months after the date of cancellation of the nomination; or".
19Expiry of enforcement orders
After section 62(4) of the Principal Act insert—
"(5)In this section, a reference to an enforcement order includes an enforcement order reinstated under section 63.".
20Reinstatement after enforcement order has expired
(1)For section 63(3) of the Principal Act substitute—
"(3)An enforcement order that has expired may only be reinstated once by an infringements registrar under this section.".
(2)Section 63(4) of the Principal Act is repealed.
21Power to vary costs or fees
In section 67 of the Principal Act—
(a)in subsection (1) after "section 65(1)(b)" insert "or (c)";
(b)subsection (3) is repealed.
22New section 71A inserted
After section 71 of the Principal Act insert—
"71A Going to Court—indictable offences
If a person has been served with an infringement notice in respect of an infringement offence which is an indictable offence and the matter is referred to the Court under this Part or an order is made under section 72(1), section 53 of the Magistrates' Court Act 1989 applies as if the person had been charged before the Court with that indictable offence.".
23Application of Part 7
In section 95(1) of the Principal Act—
(a)for "an infringement warrant has" substitute "one or more infringement warrants have";
(b)after "person" insert "in respect of the infringement warrant or those infringement warrants, as the case requires".
24Detention, immobilisation and sale of motor vehicles
(1)In section 96(1) of the Principal Act, for "an infringement warrant has" substitute "one or more infringement warrants have".
(2)In section 97(1)(e)(i) of the Principal Act, for
"an infringement warrant has" substitute "one or more infringement warrants have".
(3)In section 99(1)(a) of the Principal Act, for "an infringements warrant has" substitute "one or more infringement warrants have".
(4)In section 100(1) of the Principal Act—
(a)in paragraph (a)(i), after "warrant" insert
"or warrants, as the case requires,";
(b)for paragraph (b) substitute—
"(b)the registered operator becomes subject to a payment order;";
(c)in paragraph (c) for "person against whom an infringement warrant has been issued" substitute "registered operator";
(d)in paragraph (f), after "warrant" insert
"or warrants, as the case requires,";
(e)in paragraph (h)—
(i)after "warrant" insert "or warrants, as the case requires,";
(ii)after "has" insert "or have";
(f)in paragraph (i)—
(i)after "warrant" insert "or warrants, as the case requires,";
(ii)after "has" insert "or have";
(5)In section 100(2) of the Principal Act—
(a)after "warrant" insert "or warrants, as the case requires,";
(b)after "was" insert "or were".
25Seizure and sale and recovery by third party
(1)In section 101 of the Principal Act—
(a)in subsection (1), for "an infringement warrant" substitute "one or more infringement warrants";
(b)in subsection (2)(b), after "warrant" insert "or warrants, as the case requires,".
(2)In section 102 of the Principal Act—
(a)in subsection (1), for "an infringement warrant has" substitute "one or more infringement warrants have";
(b)in subsection (3)—
(i)after "warrant" insert "or warrants, as the case requires,";
(ii)after "was" insert "or were".
26Return of motor vehicle or item of low monetary value
In section 103(1)(a) and (2)(a) of the Principal Act, after "the infringement warrant" insert
"or warrants, as the case requires,".
27Application of proceeds of sale and good title
(1)In section 104(d) of the Principal Act, after "warrant" insert "or warrants, as the case requires".
(2)In section 106(2) of the Principal Act for "an infringements warrant was" substitute "one or more infringement warrants were".
28Meaning of person in default in Part 8
(1)In section 108(1) of the Principal Act—
(a)for paragraph (a) substitute—
"(a)one or more infringement warrants have been issued against the person; and";
(b)in paragraph (b) after "person" insert
"in respect of that infringement warrant or those infringement warrants, as the case requires";
(c)in paragraph (c)—
(i)in subparagraph (i) after "warrant" insert "or those infringement warrants, as the case requires";
(ii)in subparagraph (ii) after "warrant" insert "or those warrants, as the case requires";
(iii)in subparagraph (iii) after "order" insert "or orders (as the case requires) in respect of which the infringement warrant was, or infringement warrants were, issued".
(2)In section 108(2) of the Principal Act after "this Part" insert "in respect of any infringement warrant or enforcement order to which the application relates".
29Action under Part 8
After section 109(3) of the Principal Act insert—
"(4)Without limiting any other power under this Part, the sheriff may make one direction under this Part in respect of multiple infringement warrants issued against a person in default.".
30Sheriff may direct VicRoads to suspend driver licence
(1)In section 110(2) of the Principal Act—
(a)in paragraph (a) after "warrant" insert
"or warrants, as the case requires";
(b)in paragraph (b) after "order" insert "in respect of the amount outstanding to which the proposed direction under subsection (1) relates";
(c)in paragraph (c) after "order" insert "or orders (as the case requires) in respect of the amount outstanding to which the proposed direction under subsection (1) relates".
(2)For section 110(3) of the Principal Act substitute—
"(3)Despite subsection (2)(b) or (c), if—
(a)a notice of intention to make a direction under subsection (2) relates to only one infringement warrant; and
(b)the person on whom that notice of intention to make a direction was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of that infringement warrant which has not been determined—
no direction under subsection (1) applying to that infringement warrant may be made until the application is determined.
(3A)Despite subsection (2)(b) or (c), if—
(a)a notice of intention to make a direction under subsection (2) relates to more than one infringement warrant; and
(b)the person on whom that notice of intention to make a direction was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of one or more of those infringement warrants—
no direction under subsection (1) may be made applying to any infringement warrant in respect of which the person has made that application until the application is determined.
(3B)Nothing in subsection (3A) prevents a notice of intention to make a direction under subsection (2) being made in relation to, or a direction under subsection (1) being made which applies to, one or more infringement warrants in respect of which a person has not made an application of the kind referred to in subsection (3A).".
31When does suspension of driver licence cease?
In section 111 of the Principal Act—
(a)in paragraph (a), for "the infringement warrant or enforcement order" substitute "every infringement warrant or enforcement order to which the direction under section 110(1) applies";
(b)in paragraph (b), after "order" insert "in respect of every infringement warrant or enforcement order to which the direction under section 110(1) applies";
(c)in paragraph (c), after "the person" insert
"for the amount outstanding";
(d)in paragraph (d), after "Court" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 110(1) applies";
(e)in paragraph (e), after "granted" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 110(1) applies";
(f)in paragraph (f), for "the infringement warrant or enforcement order" substitute "every infringement warrant or enforcement order to which the direction under section 110(1) applies";
(g)for paragraphs (h) and (i) substitute—
"(h)all infringement warrants to which the direction under section 110(1) applies have been recalled and cancelled by an infringements registrar;
(i)all infringement warrants to which the direction under section 110(1) applies have expired;".
32Sheriff may direct VicRoads to suspend vehicle registration
(1)In section 112(2) of the Principal Act—
(a)in paragraph (a), after "warrant" insert
"or warrants, as the case requires";
(b)in paragraph (b), after "order" insert "in respect of the amount outstanding to which the proposed direction under subsection (1) relates";
(c)in paragraph (c), after "order" insert "or orders (as the case requires) in respect of the amount outstanding to which the proposed direction under subsection (1) relates".
(2)For section 112(3) of the Principal Act substitute—
"(3)Despite subsection (2)(b) or (c), if—
(a)a notice of intention to make a direction under subsection (2) relates to only one infringement warrant; and
(b)the person on whom that notice of intention to make a direction was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of that infringement warrant which has not been determined—
no direction under subsection (1) applying to that infringement warrant may be made until the application is determined.
(3A)Despite subsection (2)(b) or (c), if—
(a)a notice of intention to make a direction under subsection (2) relates to more than one infringement warrant; and
(b)the person on whom that notice of intention to make a direction was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of one or more of those infringement warrants—
no direction under subsection (1) may be made applying to any infringement warrant in respect of which the person has made that application until the application is determined.
(3B)Nothing in subsection (3A) prevents a notice of intention to make a direction under subsection (2) being made in relation to, or a direction under subsection (1) being made which applies to, one or more infringement warrants in respect of which a person has not made an application of the kind referred to in subsection (3A).".
33When does suspension of registration cease?
In section 113 of the Principal Act—
(a)in paragraph (a), for "the infringement warrant or enforcement order" substitute "every infringement warrant or enforcement order to which the direction to suspend under section 112(1) applies";
(b)in paragraph (b), after "order" insert "in respect of every infringement warrant or enforcement order to which the direction under section 112(1) applies";
(c)in paragraph (c), after "the person" insert
"for the amount outstanding";
(d)in paragraph (d), after "Court" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 112(1) applies";
(e)in paragraph (e), after "granted" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 112(1) applies";
(f)for paragraphs (h) and (i) substitute—
"(h)all infringement warrants to which the direction under section 112(1) applies have been recalled and cancelled by an infringements registrar;
(i)all infringement warrants to which the direction under section 112(1) applies have expired;".
34Direction not to renew driver licence or motor vehicle registration
(1)In section 114(1) and (2) of the Principal Act, for "an infringement warrant has" substitute "one or more infringement warrants have".
(2)After section 114(4) of the Principal Act insert—
"(5)If a direction under this section is in force in respect of a person or a motor vehicle or trailer of which the person is the registered operator, and the person to whom the direction applies becomes a person in default in respect of one or more subsequent infringement warrants—
(a)the sheriff may add those subsequent infringement warrants to the direction, including, in the case of a direction under subsection (2), the deemed direction under subsection (4); and
(b)the direction under this section continues to apply until the direction has ceased in accordance with section 115.".
35Renewal of licence or registration
In section 115 of the Principal Act—
(a)in paragraph (a), for "the infringement warrant or enforcement order" substitute "every infringement warrant or enforcement order to which the direction under section 114 applies";
(b)in paragraph (b), after "order" insert "in respect of every infringement warrant or enforcement order to which the direction under section 114 applies";
(c)in paragraph (c), after "the person" insert
"for the amount outstanding";
(d)in paragraph (d), after "Court" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 114 applies";
(e)in paragraph (e), after "granted" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 114 applies";
(f)for paragraphs (h) and (i) substitute—
"(h)all infringement warrants to which the direction under section 114 applies have been recalled and cancelled by an infringements registrar;
(i)all infringement warrants to which the direction under section 114 applies have expired;".
36Direction not to transfer registration
(1)In section 116(3)(a) of the Principal Act—
(a)in subparagraph (i) after "warrant" insert
"or warrants, as the case requires";
(b)in subparagraph (ii) after "order" insert "in respect of the amount outstanding to which the direction under subsection (1) applies";
(c)in subparagraph (iii) after "order" insert "or orders (as the case requires) in respect of the amount outstanding to which the direction under subsection (1) applies".
(2)For section 116(4) of the Principal Act substitute—
"(4)Despite subsection (3)(a), if—
(a)a notice of a direction under subsection (3)(a) relates to only one infringement warrant; and
(b)the person on whom that notice was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of that infringement warrant which has not been determined—
no direction under subsection (1) applying to that infringement warrant may be made until the application is determined.
(4A)Despite subsection (3)(a), if—
(a)a notice of a direction under subsection (3)(a) relates to more than one infringement warrant; and
(b)the person on whom that notice was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (as the case requires) in respect of one or more of those infringement warrants—
no direction under subsection (1) may be made applying to any infringement warrant in respect of which the person has made that application until the application is determined.
(4B)Nothing in subsection (4A) prevents a notice of a direction under subsection (3)(a) being made in relation to, or a direction under subsection (1) being made which applies to, one or more infringement warrants in respect of which a person has not made an application of the kind referred to in subsection (4A).".
37When can transfer of registration occur?
In section 117 of the Principal Act—
(a)in paragraph (a), for "the infringement warrant or enforcement order" substitute "every infringement warrant or enforcement order to which the direction to suspend under section 116(1) applies";
(b)in paragraph (b), after "order" insert "in respect of every infringement warrant or enforcement order to which the direction under section 116(1) applies";
(c)in paragraph (c), after "the person" insert
"for the amount outstanding";
(d)in paragraph (d), after "Court" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 116(1) applies";
(e)in paragraph (e), after "granted" insert "and there are no other infringement warrants or enforcement orders to which the direction under section 116(1) applies";
(f)for paragraphs (h) and (i) substitute—
"(h)all infringement warrants to which the direction under section 116(1) applies have been recalled and cancelled by an infringements registrar;
(i)all infringement warrants to which the direction under section 116(1) applies have expired;".
38Section 122 substituted
For section 122 of the Principal Act substitute—
"122 Application of Part
This Part applies if, in respect of one or more outstanding infringement warrants issued against a person, the person owes a total amount outstanding which is not less than the prescribed amount.".
39Charges over and sale of real property
(1)For section 134(a) of the Principal Act substitute—
"(a)in respect of one or more outstanding infringement warrants issued against a person, the person owes a total amount outstanding which is not less than the prescribed amount; and".
(2)In section 136(1) of the Principal Act—
(a)in paragraph (a) for "an outstanding infringement warrant" substitute "one or more outstanding infringement warrants";
(b)in paragraph (b) after "warrant" insert
"or warrants".
(3)In section 137(2) of the Principal Act after "warrant" insert "or warrants (as the case requires)".
(4)In section 146(c) of the Principal Act after "warrant" insert "or warrants (as the case requires)".
40Powers of the Court
(1)After section 160(2)(d) of the Principal Act insert—
"(da)discharge up to two thirds of the outstanding fines and order that the infringement offender be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, to which the remaining undischarged amount of the outstanding fines under the infringement warrant or warrants is an equivalent amount; or".
(2)After section 160(3)(c) of the Principal Act insert—
"(ca)discharge up to two thirds of the outstanding fines and order that the infringement offender be imprisoned for a period that is up to two thirds less than one day in respect of each penalty unit, or part of a penalty unit, of the penalty units to which the undischarged amount of the outstanding fines is an equivalent amount; or".
(3)In section 160(3)(e) of the Principal Act, for
"a community" substitute "make a community".
(4)In section 160(4) of the Principal Act—
(a)for "or (3)(a)" substitute ", (2)(da), (3)(a) or (3)(ca)";
(b)in paragraph (b), for "Magistrates' Court Act 1989" substitute "Sentencing Act 1991".
__________________
Part 4—Amendments to Other Acts
41Amendment of Children, Youth and Families Act 2005
For clause 3(2)(l) and (m) of Schedule 3 to the Children, Youth and Families Act 2005 substitute—
"(l)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 the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence; and
(m)if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence.".
42Amendment of Melbourne City Link Act 1995
(1)In section 87A(5) of the Melbourne City Link Act 1995—
(a)in paragraph (a), for "at any time under section 83(1)" substitute "under section 18 of the Infringements Act 2006";
(b)paragraph (b) is repealed;
(c)for paragraph (c) substitute—
"(c)the period specified in the infringement notice as the period for payment of the infringement penalty does not apply and the extended period becomes the period in which payment of the infringement penalty must be made; and";
(d)in paragraph (e), for "period; and" substitute "period.";
(e)paragraphs (f) and (g) are repealed.
(2)For section 87A(6)(b) and (c) of the Melbourne City Link Act 1995 substitute—
"(b)gives a statement under section 84BE of the Road Safety Act 1986 to an enforcement official within the meaning of Part 6AA of that Act; or
(c)elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the Infringements Act 2006 or, in the case of a child, elects to have the matter heard and determined in the Children's Court; or".
(3)In section 87A(7) of the Melbourne City Link Act 1995—
(a)for "Despite anything to the contrary in section 83(2A), if the" substitute "If the";
(b)for "section 83(1)" substitute "section 18 of the Infringements Act 2006".
(4)Section 87A(8) of the Melbourne City Link Act 1995 is repealed.
43Amendment of Subordinate Legislation Act 1994
In section 6A(1) of the Subordinate Legislation Act 1994—
(a)omit "against the statutory rule";
(b)in paragraph (a) after "of the" (where twice occurring) insert "offence referred to in the";
(c)in paragraph (c) after "rule" insert ", insofar as it relates to an infringement offence".
44New section 121A inserted in Supreme Court Act 1986
After section 121 of the Supreme Court Act 1986 insert—
"121A Power to temporarily restrain
(1)The sheriff, a person directed by the sheriff to execute a warrant and any person assisting in the execution of a warrant may restrain a person who is hindering the execution of that warrant.
(2)A person restrained under this section must be released as soon as the activity that the person was hindering has been completed.
(3)Nothing in this section affects the operation of section 121 or 124 or the powers of the Court in relation to contempt.".
45Amendment of Surveillance Devices Act 1999
In section 11(2)(d)(iii) of the Surveillance Devices Act 1999 for "Schedule 7 to the Magistrates' Court Act 1989 (enforcement of infringement penalties)" substitute
"the Infringements Act 2006".
__________________
Part 5—General
46Repeal of Act
This Act is repealed on 1 July 2012.
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).
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 6 December 2007
Legislative Council: 7 February 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998, the Summary Offences Act 1966 and the Crimes Act 1958 to provide for a trial period of enforcement of certain offences by infringement notice, to make miscellaneous amendments to the Infringements Act 2006 to refine the operation of aspects of that Act and to make various amendments to other Acts which interact with that Act, to amend the Supreme Court Act 1986 to further provide for sheriff's powers in executing civil warrants and for other purposes."
0
0
0