Untitled document
Infringements (Consequential and Other Amendments) Act 2006
Act No. 32/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
3.Principal Act
Part 2—Amendments to the Principal Act
4.Definitions
5.Guidelines
6.Infringement offences to which Principal Act applies
7.Official warnings do not affect other powers
8.Service of infringement notices
9.Section 13 substituted
13.Forms of infringement notice
10.Late payment
11.Having matter heard in Court
12.Enforcement agency can refer matter to Court
13.Withdrawal of infringement notice
14.Withdrawal
15.Application for internal review and additional information
16.Internal review
17.Review terminated if matter goes to Court
18.Penalty reminder notices
19.Person may elect to have matter heard and determined in Court
20.Expiation
21.Refunds of penalties
22.Decision to go to Court—lodgeable infringement offences
23.Avoiding service
24.Payment plans
25.Period for bringing proceedings
26.Lodgement
27.Extended period for lodgement for tolled roads
28.Enforcement orders
29.New section 63A inserted
63A.Application of Division
30.Revocation of enforcement orders
31.Avoiding service
32.Infringement warrants
33.Executing infringement warrant after 7 day period
34.Meaning of "person in default" in Part 8
35.Action under Part 8
36.Directions to suspend driver licence or vehicle registration
37.Direction not to renew driver licence or motor vehicle registration
38.Direction not to transfer registration
39.Miscellaneous amendments
40.New section 146A inserted
146A.Definition
41.Community work permits
42.Periods of work
43.Community work
44.Section 156 substituted
156.Breach of community work permit
45.Part payment
46.New section 157A inserted
157A.Hours worked reduces outstanding fines
47.Section 158 substituted
158.Application of this Division
48.Powers of the Court when infringement offender brought
before the Court49.New section 161A inserted
161A.Term of imprisonment in default of payment of outstanding fines
50.Service of documents
51.New section 163A inserted
163A.Service deemed despite document being returned to sender
52.Regulations
53.Amendments to other Acts in the Principal Act
54.New Part 15 inserted
Part 15—Transitional and Savings
Provisions186.Definition
187.General transitional provision
188.Infringement offences
189.Infringement notices
190.Form of infringement notice
191.Courtesy letters
192.Decision to go to Court
193.Payment plans
194.Infringement penalties registered under former scheme
195.Enforcement orders made and notices of enforcement order sent under former scheme
196.Applications for an order to pay fine by instalments
and extensions of time to pay under former scheme197.Orders to pay fine by instalments and extension of
time to pay under former scheme198.Pending revocation applications under former scheme
199.Enforcement orders revoked under former scheme
200.Pending hearings under the former scheme
201.Seven-day notice
202.Unexecuted warrants issued under former scheme
203.Former scheme warrants where execution has commenced
204.Registrars in PERIN Court
205.Superseded references
206.Enforcement agencies
207.PERIN offences
208.Deemed service
209.Clauses 28 and 29 of Schedule 7 continue to have
effect210.Regulations dealing with transitional matters
Part 3—Amendments to Children and Young Persons Act 1989
55.Consequential amendments
56.Application and definitions
57.Repeal of provisions relating to courtesy letters and
instalments58.Lodgement
59.New clauses 14 and 15 inserted
60.Repeal of Part 3 of Schedule 2A
Part 4—Amendments to Other Acts
Division 1—Road Safety Act 1986
61.Amendments to Part 6 of Road Safety Act 1986
62.Parking infringements
63.Traffic infringements
64.Effect of payment of penalty
65.Effect of drink-driving infringements, drug-driving
infringements and excessive speed infringements66.Extension of time to object if no actual notice
67.Section 89E substituted
89E.Application of the Infringements Act 2006 to certain offences
68.Consequential amendments to the Road Safety Act 1986
Division 2—Marine Act 1988
69.Marine infringements
70.Payment of penalty
71.Miscellaneous amendments to Marine Act 1988
72.Section 61C substituted
61C.Application of the Infringements Act 2006 to certain offences
73.Subject matter for regulations
Division 3—Transport Act 1983
74.Transport and ticket infringements
75.Safety work infringements
76.Section 215E substituted
215E.Application of Infringements Act 2006
77.Regulations
Division 4—Chattel Securities Act 1987
78.Definitions
Division 5—EastLink Project Act 2004
79.Miscellaneous amendments to EastLink Project Act 2004
80.Expiation
81.Repeal of redundant sections of the EastLink Project Act 2004
82.Enforcement
83.Consequential amendments to EastLink Project Act 2004
Division 6—Melbourne City Link Act 1995
84.Provision for infringement offences
85.Payment of penalties and further proceedings
Division 7—Infringement Offences—Liquor Control Reform Act 1998
86.New offences
87.Consequential amendments
146.Effect of expiation
Division 8—Other Acts
88.Magistrates' Court Act 1989
89.New clause 36 to Schedule 8 inserted
36.Validation of service of certain documents under Schedule 7
90.Corrections Act 1986
91.Bail Act 1977
92.Consequential amendments to the Sentencing Act 1991
93.Section 69 of the Sentencing Act 1991 substituted
69.Application to infringement enforcement procedure
Part 5—Consequential Amendments for Infringements Act 2006
94.Schedule
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SCHEDULE—Consequential Amendments for Infringements
Act 2006
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Endnotes
Infringements (Consequential and Other Amendments) Act 2006
[Assented to 13 June 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to make amendments to, and provide for transitional arrangements for, the Infringements Act 2006;
(b)to amend the Children and Young Persons Act 1989 in relation to infringement offences;
(c)to amend the Road Safety Act 1986, the Marine Act 1988, the Transport Act 1983, the EastLink Project Act 2004 and the Melbourne City Link Act 1995 in relation to infringement offences;
(d)to amend the Chattel Securities Act 1987, the Bail Act 1977, the Magistrates' Court Act 1989, the Corrections Act 1986 and the Sentencing Act 1991 in relation to infringement offences;
(e)to amend the Liquor Control Reform Act 1998 to enable certain offences against that Act to be enforced by infringement notice;
(f)to consequentially amend various Acts as a result of enactment of the Infringements Act 2006.
2.Commencement
(1)This Part comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Section 53 is deemed to have come into operation on 11 April 2006.
(3)Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision referred to in sub-section (3) does not come into operation before 1 July 2007, it comes into operation on that day.
3.Principal Act
In this Act, the Infringements Act 2006 is called the Principal Act.
__________________
Part 2—Amendments to the Principal Act
4.Definitions
(1)In section 3(1) of the Principal Act—
(a)in the definition of "additional steps", for "or regulations" substitute "or other instrument";
(b)in the definition of "infringement notice" after "served" insert "or to be served";
(c)for the definition of "infringement offence" substitute—
' "infringement offence" means an offence which may be the subject of an infringement notice under—
(a)any Act or statutory rule; or
(b)any local law; or
(c)any Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria;';
(d)insert the following definitions—
' "child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when an infringement penalty is lodged under section 54 or registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989;
"local law" means a local law made under Part 5 of the Local Government Act 1989;'.
(2)In section 3(1) of the Principal Act, in the definition of "prescribed costs"—
(a)in paragraph (c), after "other Act;" insert "and";
(b)after paragraph (c) insert—
"(d)any other costs or fees prescribed in the regulations to be a prescribed cost;".
(3)In section 3(1) of the Principal Act—
(a)the definition of "fine units" is repealed;
(b)in the definition of "infringement offender" for "an infringement warrant" substitute "one or more infringement warrants".
(4)After section 3(2) of the Principal Act insert—
"(3)Nothing in the definition of "special circumstances" is to be taken as limiting any power of the Court to consider the circumstances of any person in a proceeding before the Court under this Act or any other Act.".
5.Guidelines
In section 5(1) of the Principal Act—
(a)in paragraph (a) for "or regulations" substitute "or other instrument";
(b)in paragraph (c)(iv), after "warnings" insert "issued or".
6.Infringement offences to which Principal Act applies
(1)In section 7(1) of the Principal Act, after "offences" insert ", including a local law which is a parking infringement within the meaning of the Road Safety Act 1986".
(2)For section 7(3) of the Principal Act substitute—
"(3)Subject to anything to the contrary in the Children and Young Persons Act 1989 or this Act, this Part and Parts 2 and 3 and Part 13 (other than sections 164, 165 and 166) of this Act apply to infringement notices issued to or served on a child for an infringement offence.".
(3)For section 7(4) of the Principal Act substitute—
"(4)Regulations made under this Act must not prescribe an infringement offence under a local law (other than a parking infringement) to be a lodgeable infringement offence.".
(4)Section 7(5) of the Principal Act is repealed.
7.Official warnings do not affect other powers
In section 10(d) of the Principal Act, for "or regulations" substitute "or other instrument".
8.Service of infringement notices
(1)In section 12(d) of the Principal Act—
(a)for "or regulations" substitute "or other instrument";
(b)after "offence" insert "or any other Act or other instrument".
(2)At the end of section 12 of the Principal Act insert—
"(2)Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984, an infringement notice served by post in accordance with sub-section (1)(b) is deemed to be served 14 days after the date of the infringement notice.
(3)An infringement notice served on a person less than 28 days before the date specified in the infringement notice as the due date for payment of the infringement penalty is invalid.
Note:See section 163A.".
9.Section 13 substituted
For section 13 of the Principal Act substitute—
"13.Forms of infringement notice
An infringement notice must—
(a)be in writing and contain the prescribed details;
(b)state that—
(i)the person is entitled to elect to have the matter of the infringement offence heard and determined in the Court; or
(ii)in the case of an infringement notice served on a child, is entitled to have the matter of the infringement offence dealt with by the Children's Court in accordance with the Children and Young Persons Act 1989.".
10.Late payment
For section 15(b) of the Principal Act substitute—
"(b)in the case of—
(i)a lodgeable infringement offence for which an infringement notice was served on a person other than a child, the details of the infringement penalty in respect of that offence have not been lodged with an infringements registrar under section 54; or
(ii)an infringement offence for which an infringement notice was served on a child, the details of the infringement penalty in respect of that offence have not been registered with the Children's Court under clause 5 of Schedule 2A to the Children and Young Persons Act 1989.".
11.Having matter heard in Court
(1)In the heading to section 16 of the Principal Act, after "Court" insert "or Children's Court".
(2)In section 16 of the Principal Act—
(a)in sub-section (1), after "determined in" insert "the";
(b)in sub-section (2)(a) omit "89 and".
(3)After section 16(2) of the Principal Act insert—
"(3)Despite sub-section (1), if a person served with an infringement notice is a child, that person may elect to have the matter of the infringement offence heard and determined in the Children's Court—
(a)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, at any time before an enforcement order under that Schedule is made;
(b)in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".
12.Enforcement agency can refer matter to Court
(1)In the heading to section 17 of the Principal Act, after "Court" insert "or Children's Court".
(2)In section 17(1) of the Principal Act, for "An" substitute "Subject to sub-section (3), an".
(3)In section 17(2)(a) of the Principal Act omit "89 and".
(4)After section 17(2) of the Principal Act insert—
"(3)In the case of an infringement notice served on a child, an enforcement agency may withdraw the infringement notice and file a charge and summons in the Children's Court for the matter to be dealt with at any time—
(a)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, before an enforcement order under that Schedule is made;
(b)in the case of any other infringement offence, before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".
13.Withdrawal of infringement notice
(1)For section 18(1)(b) of the Principal Act substitute—
"(b)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, at any time before an enforcement order under that Schedule is made;
(c)in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".
(2)In section 18(6)(a) of the Principal Act omit "88, 89 and".
14.Withdrawal
(1)In section 19(b)(iv) of the Principal Act, for "or regulations" substitute "or other instrument".
(2)In section 20 of the Principal Act—
(a)in sub-section (1), after "under this Act" insert "or any other Act";
(b)in sub-section (2)(b) after "of this Act" insert "or any other Act".
15.Application for internal review and additional information
(1)For section 22(2)(a)(i) of the Principal Act substitute—
"(i)in the case of—
(A)a lodgeable infringement offence for which an infringement notice was served on a person other than a child, at any time before the details of the infringement penalty in respect of that offence are lodged with an infringements registrar under section 54; or
(B)an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 5 of Schedule 2A to the Children and Young Persons Act 1989; and".
(2)In section 23 of the Principal Act—
(a)in sub-section (1), after "request" insert
"in writing";
(b)in sub-section (2), after "days" insert
"from the date of service of the request".
16.Internal review
(1)For section 24(3) of the Principal Act substitute—
"(3)An enforcement agency must—
(a)review a decision—
(i)within the prescribed time; or
(ii)if an enforcement agency requests additional information under section 23, within the prescribed time referred to in sub-paragraph (i) plus the period not exceeding 21 days after service of the request during which the review was suspended, whether or not the additional information was received by the agency; and
(b)within 21 days of deciding the review, serve on the applicant a written notice advising of the outcome of the review.".
(2)In section 25(1)(d) of the Principal Act—
(a)after "matter to" insert "the";
(b)after "Part" insert "or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge and summons in the Children's Court for the matter to be dealt with in that Court".
(3)In section 25(1)(e) of the Principal Act, for "or regulations" substitute "or other instrument".
(4)In section 25(3) of the Principal Act—
(a)after "matter to" insert "the";
(b)after "Part" insert "or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge and summons in the Children's Court for the matter to be dealt with in that Court".
(5)For section 26(1)(b) of the Principal Act substitute—
"(b)the due date specified in the penalty reminder notice; or
(c)within 14 days after the person has been served with written notice advising of the outcome of the review.".
(6)For section 26(2)(a)(ii) of the Principal Act substitute—
"(ii)the due date specified in the penalty reminder notice; or
(iii)within 14 days after the person has been served with written notice advising of the outcome of the review; and".
17.Review terminated if matter goes to Court
(1)In the heading to section 27 of the Principal Act, after "Court" insert "or Children's Court".
(2)In section 27 of the Principal Act—
(a)after "determined in" insert "the";
(b)after "this Part" insert "or, in the case of an infringement notice served on a child, heard and determined in the Children's Court".
18.Penalty reminder notices
(1)In section 28 of the Principal Act, after "This Division" insert ", except section 29,".
(2)In section 29(3) of the Principal Act, for "until the end of 28 days after service of the penalty reminder notice" substitute "for a period specified in the penalty reminder notice, being a period not less than 28 days after the penalty reminder notice has been served".
19.Person may elect to have matter heard and determined in Court
(1)In the heading to section 30 of the Principal Act, after "Court" insert "or Children's Court".
(2)In section 30(1) of the Principal Act, for "Court" substitute "the Court or, in the case of an infringement notice served on a child, heard and determined in the Children's Court".
(3)In section 30(2) of the Principal Act, for "in Court" (where twice occurring) substitute
"in the Court or the Children's Court, as the case requires".
20.Expiation
In the Principal Act—
(a)in section 32(2)(b), for "or regulations that create" substitute "or other instrument that creates";
(b)in section 35, for "or regulations" (wherever occurring) substitute "or other instrument".
21.Refunds of penalties
(1)In section 38(3)(a) of the Principal Act for "or relevant regulation" substitute "or other instrument".
(2)In section 39 of the Principal Act—
(a)for "in Court" substitute "in the Court or the Children's Court, as the case requires";
(b)for "Court under this Part" substitute
"the Court under this Part or to the Children's Court, as the case requires".
22.Decision to go to Court—lodgeable infringement offences
(1)In section 40(1) of the Principal Act—
(a)after "determined in" insert "the";
(b)after "offence to" insert "the".
(2)In the note to section 40(2) of the Principal Act, after "applies to" insert "the enforcement of".
(3)After section 40(3) of the Principal Act insert—
"(4)This section does not apply to an infringement offence alleged to have been committed by a child and the Children and Young Persons Act 1989 applies in respect of such an infringement offence.".
23.Avoiding service
For section 41(b) of the Principal Act substitute—
"(b)the Court—
(i)is not satisfied that the defendant had knowledge of the time and place of the hearing; or
(ii)is satisfied that the defendant had that knowledge, but is not satisfied that the defendant would not be prejudiced by the non-service—".
24.Payment plans
(1)In section 46(1) of the Principal Act, after "natural person" insert ", including a child,".
(2)For section 46(2)(a) of the Principal Act substitute—
"(a)in the case of—
(i)a lodgeable infringement offence for which an infringement notice was served on a person other than a child, at any time before the details of the infringement penalty in respect of that offence are lodged with an infringements registrar under section 54; or
(ii)an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 5 of Schedule 2A to the Children and Young Persons Act 1989; and".
(3)In section 46(2)(b) of the Principal Act, after "relates" insert ", whether in the Court or the Children's Court, as the case requires".
(4)For section 49(3) of the Principal Act substitute—
"(3)If an enforcement agency withdraws an infringement notice under this Act or the Act or other instrument which establishes the infringement offence in respect of which the infringement notice was served, the enforcement agency must—
(a)in the case of a payment plan managed by the enforcement agency, remove the infringement penalty and any prescribed costs in respect of the infringement offence in relation to the withdrawn infringement notice from a person's payment plan; and
(b)in the case of a payment plan managed by the Secretary, request the Secretary to remove the infringement penalty and any prescribed costs in respect of the infringement offence in relation to the withdrawn infringement notice from a person's payment plan.".
(5)In section 51(3) of the Principal Act, for "or regulations" substitute "or other instrument".
25.Period for bringing proceedings
(1)In section 53(2) of the Principal Act, for "or regulations" substitute "or other instrument".
(2)In section 56 of the Principal Act, for "or regulations" substitute "or other instrument".
26.Lodgement
(1)For section 54(2)(b) of the Principal Act substitute—
"(b)the period specified in the penalty reminder notice for payment under the penalty reminder notice has passed; and".
(2)In section 54(2)(h) of the Principal Act, for "Mitcham-Frankston" substitute "EastLink" .
27.Extended period for lodgement for tolled roads
(1)For section 55(d) of the Principal Act substitute—
"(d)if a payment plan is cancelled—
(i)by the person to whom the payment plan applies, no more than 6 months after the person cancels the plan; or
(ii)under section 48(2), no more than 6 months after the date on which the payment plan is cancelled under that section; or".
(2)In section 55(f) of the Principal Act, for "or regulations" (where twice occurring) substitute "or other instrument".
(3)In section 55(h) of the Principal Act—
(a)for "Mitcham-Frankston" substitute "EastLink";
(b)for "nominated driver." substitute "nominated driver; or".
(4)After section 55(h) of the Principal Act insert—
"(i)subject to paragraph (h), if an offence has been committed under section 204 of the EastLink Project Act 2004, no more than 6 months after the date of service of the infringement notice under section 210(1) of that Act; or
(j)subject to paragraph (h), if the offence has been committed under section 73 of the Melbourne City Link Act 1995, no more than 6 months after the date of service of the infringement notice under section 80(1) of that Act.".
28.Enforcement orders
(1)In section 60(4) of the Principal Act, after "such a statement" insert "or complete details of any outstanding enforcement orders in such a statement".
(2)In section 61(1)(b) of the Principal Act, before "the person" insert "subject to sections 89 and 89A to 89D of the Road Safety Act 1986, section 215C of the Transport Act 1983 or sections 61A and 61BA of the Marine Act 1988 (as the case requires),".
(3)In section 61(2) of the Principal Act, for "relevant regulation" substitute "other instrument".
29.New section 63A inserted
In Division 3 of Part 4 of the Principal Act, before section 64 insert—
"63A.Application of Division
(1)Subject to sub-section (2), this Division does not apply to an infringement notice or an infringement offence of a kind to which any of the following provisions apply—
(a)sections 89A to 89D of the Road Safety Act 1986;
(b)section 215C of the Transport Act 1983;
(c)sections 61A and 61BA of the Marine Act 1988.
(2)An enforcement agency may apply for a revocation of an enforcement order under this Division in respect of an infringement notice or an infringement offence of a kind referred to in sub-section (1).".
30.Revocation of enforcement orders
(1)For section 65(1)(c) of the Principal Act substitute—
'(c)without limiting paragraph (b), a person acting on behalf of a person with special circumstances against whom an enforcement order has been made.
Note:"special circumstances" is defined in section 3.'.
(2)In section 66(5) of the Principal Act omit "under this section".
(3)After section 66(6) of the Principal Act insert—
"(7)Nothing in this section limits the power of an infringements registrar or the Court to revoke an enforcement order on any other basis.".
31.Avoiding service
For section 73(b) of the Principal Act substitute—
"(b)the Court—
(i)is not satisfied that the defendant had knowledge of the time and place of the hearing; or
(ii)is satisfied that the defendant had that knowledge, but is not satisfied that the defendant would not be prejudiced by the non-service—".
32.Infringement warrants
(1)For section 82(1)(c)(ii) of the Principal Act substitute—
"(ii)subject to any endorsement under section 80(2), directs and authorises the person to whom it is directed to arrest the person named in the infringement warrant and—
(A)deal with that person in accordance with Division 1 of Part 12, if appropriate; or
(B)if the person refuses to enter into an undertaking of bail or cannot be dealt with under Division 1 of Part 12, take and safely convey the person named in the infringement warrant to a prison or a police gaol and there to deliver the person to the officer in charge of the prison or police gaol for the purposes of being dealt with under Division 2 of Part 12.".
(2)After section 82(4) of the Principal Act insert—
"(5)An infringement warrant must be in the prescribed form.".
(3)In section 83(1) of the Principal Act—
(a)in paragraph (a) for "48" substitute "24";
(b)in paragraph (b) for "warrant." substitute "warrant; or";
(c)after paragraph (b) insert—
"(c)to be released on a community work permit in accordance with Part 12 or otherwise dealt with under that Part.".
33.Executing infringement warrant after 7 day period
(1)In section 90(b) of the Principal Act, for sub-paragraphs (i) to (iii) substitute—
"(i)obtained a payment order; or
(ii)been granted a revocation of the enforcement order to which the infringement warrant relates.".
(2)At the end of section 90 of the Principal Act insert—
"(2)Despite sub-section (1)(b), no step may be taken in the execution of an infringement warrant issued against a person if that person 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) which has not been determined, until the application is determined.".
34.Meaning of "person in default" in Part 8
(1)In section 108(c) of the Principal Act—
(a)for "service for" substitute "service of";
(b)in sub-paragraph (ii) for "applying for" substitute "obtaining";
(c)in sub-paragraph (iii) for "applying for" substitute "being granted".
(2)At the end of section 108 of the Principal Act insert—
"(2)Despite sub-section (1)(c)(ii) and (iii), if a person 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) which has not been determined before the period specified in sub-section (1)(c), that person is not a person in default for the purposes of this Part—
(a)until the application is determined; and
(b)unless the payment order has not been obtained or the revocation of the enforcement order has not been granted, as the case requires.".
35.Action under Part 8
After section 109(2) of the Principal Act insert—
"(3)Nothing in this Part prevents the sheriff making more than one direction under this Part or more than one type of direction under this Part in respect of any person or any motor vehicle or trailer.".
36.Directions to suspend driver licence or vehicle registration
(1)In section 110(2) of the Principal Act—
(a)in paragraph (b) for "applies for" substitute "has obtained";
(b)in paragraph (c) for "applies for" substitute "has been granted".
(2)After section 110(2) of the Principal Act insert—
"(3)Despite sub-section (2)(b) or (c), no direction under sub-section (1) may be made if the person on whom a notice of intention to make a direction was served under sub-section (2) 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) which has not been determined, until the application is determined.
(4)The sheriff may serve a notice of intention under sub-section (2) whether or not the person whose driver licence is to be suspended is a person in default at the time of the service of that notice of intention.".
(3)In section 112(2) of the Principal Act—
(a)in paragraph (b) for "applies for" substitute "has obtained";
(b)in paragraph (c) for "applies for" substitute "has been granted".
(4)For section 112(3) of the Principal Act substitute—
"(3)Despite sub-section (2)(b) or (c), no direction under sub-section (1) may be made if the person on whom a notice of intention to make a direction was served under sub-section (2) 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) which has not been determined, until the application is determined.
(4)The sheriff may serve a notice of intention under sub-section (2) whether or not the person who is the registered operator of a vehicle in respect of which the registration is to be suspended is a person in default at the time of the service of that notice of intention.
(5)This section applies whether the person who is the registered operator of a vehicle is a natural person or a body corporate.".
37.Direction not to renew driver licence or motor vehicle registration
(1)In section 114(1) and (2) of the Principal Act, for "suspension" substitute "non-renewal direction".
(2)After section 114(3) of the Principal Act insert—
"(4)If the sheriff makes a direction to VicRoads under sub-section (2)—
(a)a direction not to transfer to any other person the registration of a motor vehicle or trailer under section 116 is deemed to also apply in respect of the motor vehicle or trailer of the person who is the registered operator of that vehicle or trailer and in respect of whom the direction under sub-section (2) is made; and
(b)section 116 (other than sub-section (3)(a)) applies with such modification as is necessary in respect of the direction under sub-section (2) insofar as that direction includes the deemed direction referred to in paragraph (a); and
(c)on the non-renewal direction pursuant to a direction under sub-section (2) ceasing in accordance with section 115, the deemed direction referred to in paragraph (a) is deemed to have ceased in accordance with section 117 without the sheriff having to make a separate notification in accordance with that section.".
38.Direction not to transfer registration
(1)In section 116(1) of the Principal Act, for "suspension has ceased in accordance with section 117" substitute "direction not to transfer has ceased in accordance with section 117 or, in the case of a deemed direction under section 114(4), has ceased in accordance with section 114(4)(c)".
(2)In section 116(3) of the Principal Act—
(a)for "At least 7 days before" substitute "On";
(b)in paragraph (a)—
(i)for "of intention to direct" substitute "of the making of a direction to";
(ii)omit ", before the end of the period specified in the notice of intention";
(iii)in sub-paragraph (ii) for "applies for" substitute "has obtained";
(iv)in sub-paragraph (iii) for "applies for" substitute "has been granted";
(c)in paragraph (b), for "intention to make" substitute "making of".
(3)After section 116(3) of the Principal Act insert—
"(4)Despite sub-section (3)(a), no direction under sub-section (1) may be made if the person on whom a notice of the direction was served under sub-section (3)(a) 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) which has not been determined, until the application is determined.".
(4)In section 116(4) of the Principal Act, for "(4) This section" substitute "(5) This section".
39.Miscellaneous amendments
(1)In sections 70 and 71 of the Principal Act, after "referred to" insert "the".
(2)In section 120(2)(c) of the Principal Act, omit "it is an offence to fail to comply with the summons and".
(3)In sections 123(1)(c) and 129(1)(c) of the Principal Act, for "service for" substitute "service of".
(4)In section 144(1) of the Principal Act, for "serve" substitute "cause to be served".
(5)In section 164(4) of the Principal Act, after "concerning the" insert "handling,".
40.New section 146A inserted
In Division 1 of Part 12 of the Principal Act, before section 147 insert—
'146A.Definition
In this Part, "sheriff" includes a person to whom the sheriff has given a direction under section 84(5).'.
41.Community work permits
(1)In section 147(1) of the Principal Act—
(a)for "elects" substitute "is eligible";
(b)after "permit" insert "and consents to do so".
(2)For section 147(2) of the Principal Act substitute—
"(2)A community work permit must not be issued under this Division to an infringement offender in respect of one or more infringement warrants if the total amount of the outstanding fines under that infringement warrant or those infringement warrants exceeds an amount equivalent to the value of 100 penalty units.
(3)A community work permit must not be issued under this Division to an infringement offender unless the sheriff is satisfied that the infringement offender—
(a)has the capacity to perform community work; and
(b)is reasonably unlikely to breach the conditions of a community work permit.".
(3)In section 148 of the Principal Act—
(a)in paragraph (a), for "an infringement warrant" substitute "one or more infringement warrants";
(b)in paragraph (b)—
(i)for "elects" substitute "consents";
(ii)for "the infringement warrant" substitute "one or more infringement warrants";
(c)after "with the infringement warrant" insert "or warrants".
(4)At the end of section 148 of the Principal Act insert—
"(2)A community work permit must specify—
(a)the amount of the outstanding fines in penalty units to which the community work permit applies; and
(b)the number of hours a person is required to work under the community work permit in respect of each infringement warrant to which the community work permit applies.".
(5)In section 150 of the Principal Act, for "a period determined by the sheriff" substitute "the number of hours specified in the community work permit".
42.Periods of work
(1)For the heading to section 151 of the Principal Act substitute—
"Cumulative periods of work under community work permits and fine default CBOs".
(2)At the end of section 151 of the Principal Act insert—
'(2)If a fine default CBO is in force in respect of an infringement offender, the hours of unpaid community work that the infringement offender is required to perform under a community work permit in force at the same time as the fine default CBO must be performed cumulatively with the hours performed under the fine default CBO.
Note:Work under fine default CBOs is to be performed cumulatively with work under other fine default CBOs but concurrently with work performed under any other community based order under the Sentencing Act 1991. See section 42(3) of the Sentencing Act 1991.
(3)In this section "fine default CBO" means a community based order under Division 4 of Part 3 of the Sentencing Act 1991.'.
43.Community work
(1)In section 152(1) of the Principal Act—
(a)for "The number" substitute "Subject to sub-section (4), the number";
(b)for "fine unit" (wherever occurring) substitute "penalty unit";
(c)after "outstanding fines" insert "expressed as an amount equivalent to penalty units";
(d)after "infringement warrant" insert
"or warrants".
(2)In section 152(2) of the Principal Act, for "The" substitute "Subject to sub-section (3), the".
(3)After section 152(3) of the Principal Act insert—
"(4)The number of hours of unpaid community work specified in a community work permit must be performed over a period not exceeding the period specified in column 2 of the table below opposite the corresponding number of hours specified in column 1 of that table.
TABLE
Column 1
Number of Hours
Column 2
Period
376 to 500 24 months 251 to 375 18 months 126 to 250 12 months 51 to 125 6 months up to 50 3 months
".
44.Section 156 substituted
For section 156 of the Principal Act substitute—
"156.Breach of community work permit
(1)If an infringement offender fails without reasonable excuse to comply with a community work permit or any condition of a community work permit issued to him or her or with any requirement of the regulations made for the purposes of this Part, the infringement offender is guilty of an offence for which he or she may be proceeded against on a charge filed in the Court by a prescribed person or a member of a prescribed class of persons.
(2)A proceeding for an offence under sub-section (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.
(3)Despite anything to the contrary in the Magistrates' Court Act 1989—
(a)on the filing of a charge referred to in sub-section (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the registrar at any venue of the Court;
(b)a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the infringement offender to attend at the Court to answer the charge;
(c)a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the infringement offender when arrested before the Court to be dealt with under Division 2 of this Part.
(4)If, on the hearing of a charge under sub-section (1) the Court finds the infringement offender guilty of the offence, it may impose a fine not exceeding 10 penalty units.
(5)The Court, in addition to imposing a fine under sub-section (4), may—
(a)vary the community work permit; or
(b)confirm the community work permit; or
(c)cancel the community work permit (if it is still in force) and, whether or not it is in force, subject to sub-section (6), deal with the infringement offender in accordance with section 160.
(6)In determining how to deal with an infringement offender following the cancellation by it of a community work permit, the Court must take into account the extent to which the infringement offender had complied with the community work permit before its cancellation.
(7)A fine imposed under this section—
(a)does not affect the continuance of the community work permit, if it is still in force; and
(b)must be taken for all purposes to be a fine payable on a conviction for an offence.".
45.Part payment
In section 157 of the Principal Act for "fine units" substitute "penalty units".
46.New section 157A inserted
After section 157 of the Principal Act insert—
"157A.Hours worked reduces outstanding fines
If an infringement offender has completed a number of hours of work under a community work permit before it is breached, the amount of the outstanding fines in penalty units to which the community work permit applies must be reduced by a proportion that is as nearly as possible the same proportion as the number of hours worked bears to the total number of hours required to be worked under the community work permit.".
47.Section 158 substituted
For section 158 of the Principal Act substitute—
"158.Application of this Division
This Division applies if an infringement offender—
(a)does not consent to a community work permit; or
(b)is not eligible, in accordance with section 147(3), to perform unpaid community work under a community work permit; or
(c)is not issued with a community work permit within 24 hours after being arrested; or
(d)is issued with a community work permit and—
(i)fails to comply with the permit or a condition of the permit or any requirement of the regulations made for the purposes of this Part; or
(ii)the permit is cancelled by the Court under section 155; or
(e)is delivered to the officer in charge of a prison or police gaol.".
48.Powers of the Court when infringement offender brought before the Court
(1)In section 159(1) of the Principal Act—
(a)for "An infringement offender" substitute "Subject to section 161A, an infringement offender";
(b)omit "under an infringement warrant".
(2)In section 159(2)(b) of the Principal Act for "given a written notice requiring him or her to appear before the Court on that date" substitute "discharged from custody on bail under section 10 of the Bail Act 1977".
(3)In section 159 of the Principal Act—
(a)for "48" (wherever occurring) substitute "24";
(b)sub-section (3) is repealed; and
(c)for "(4) An" substitute "(3) An"; and
(d)for "(5) This" substitute "(4) This".
(4)In section 160 of the Principal Act—
(a)in sub-section (1)—
(i)for "fine unit, or part of a fine unit, of" substitute "penalty unit, or part of a penalty unit, to which";
(ii)after "infringement warrant" insert
"or warrants is an equivalent amount";
(b)in sub-section (3)—
(i)in paragraph (a), for "fine unit" (where twice occurring), substitute "penalty unit";
(ii)in paragraph (a), for "amount of the outstanding fines" substitute "penalty units to which the amount of the outstanding fines is an equivalent amount";
(c)in sub-section (3)(d), for "months." substitute "months; or";
(d)after sub-section (3)(d) insert—
"(e)a community based order under Division 4 of Part 3 of the Sentencing Act 1991.";
(e)for sub-section (4)(b) substitute—
"(b)the Court may make an instalment order under the Magistrates' Court Act 1989 in respect of the payment of the outstanding fines.".
(5)In section 161 of the Principal Act—
(a)in sub-section (1)—
(i)for "the infringement warrant" substitute "any infringement warrant";
(ii)for "an infringement warrant" substitute "a warrant to imprison issued under section 68 of the Magistrates' Court Act 1989";
(iii)in paragraph (b), for "an infringements registrar" substitute "the registrar at any venue of the Court";
(b)in sub-section (3)(a)(i), for "infringement warrant" substitute "warrant to imprison".
49.New section 161A inserted
After section 161 of the Principal Act insert—
"161A.Term of imprisonment in default of payment of outstanding fines
(1)If—
(a)one or more infringement warrants are issued against a person who is in custody; and
(b)the person consents in writing to the sheriff to serving a period of imprisonment in default of payment of the outstanding fines under any one or more of the infringement warrants—
the Court may order that the person be imprisoned 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 to which the outstanding fines under the infringement warrant or warrants is an equivalent amount.
(2)The Court may make an order under sub-section (1) whether or not the person is brought before the Court.
(3)If the Court makes an order under sub-section (1) in respect of a person who is only in custody because of—
(a)an order under section 160; or
(b)being in default of—
(i)an instalment order within the meaning of the Sentencing Act 1991; or
(ii)the payment of a fine—
the Court must order that the term of imprisonment in the order made under sub-section (1) is to be served cumulatively with the term of imprisonment for which the person is currently in custody.
(4)Subject to sub-section (3), a term of imprisonment imposed by an order under sub-section (1) must be served concurrently with any uncompleted sentence or sentences of imprisonment or detention in a youth training centre imposed on the person before that order is made but if the term imposed under the order exceeds the term of the uncompleted sentence or sentences, the balance of the term must be served cumulatively on the uncompleted sentence or sentences.".
50.Service of documents
(1)In section 162 of the Principal Act—
(a)in sub-section (2)(d) , for "110, 112 or 116" substitute "110 or 112";
(b)in sub-section (4)(e), for "Mitcham-Frankston" substitute "EastLink" .
(2)After section 162(5) of the Principal Act insert—
"(6)Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984, any document that is served by post in accordance with this section is deemed to be served 14 days after the date specified in the document as the date of that document.
(7)A document served on a person less than the period required by this Act for service of that kind of document is invalidly served.".
51.New section 163A inserted
After section 163 of the Principal Act insert—
'163A.Service deemed despite document being returned to sender
(1)Subject to sub-section (2) and despite anything to the contrary in section 162(6), a document, other than an infringement notice, served by post to a person at an authorised address and returned undelivered to its sender, is deemed to be served 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered.
(2)Despite anything to the contrary in section 12(2), an infringement notice in respect of a lodgeable infringement offence served by post to a person at an authorised address and returned undelivered to its sender, is deemed to be served 14 days after the date of that infringement notice, despite it being returned to its sender as undelivered.
(3)For the purposes of this section, "authorised address" means—
(a)an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
(b)in relation to any document in respect of a transport infringement within the meaning of the Transport Act 1983 or a ticket infringement within the meaning of that Act, an address provided by a person to an authorised officer or police member under section 218B of that Act after that officer or that member has requested the person to state his or her name and address because the officer or member believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.
(4)This section has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.
Note:See sections 37 and 38 which deal with the situation where a person does not know that he or she has been served with an infringement notice and then subsequently becomes aware of that infringement notice.'.
52.Regulations
In section 168(1)(j) of the Principal Act, after "Part 12" insert—
"including, but not limited to—
(i)the commencement of community work permits;
(ii)the matters to be specified in community work permits;
(iii)the supply of copies of community work permits to specified persons;
(iv)the obligations of persons subject to community work permits;
(v)the payment of fines by or on behalf of a person required to perform unpaid community work under a community work permit".
53.Amendments to other Acts in the Principal Act
(1)In section 171 of the Principal Act, in proposed section 99(a) of the Magistrates' Court Act 1989, for "regulation" substitute "other instrument".
(2)In section 176(2) of the Principal Act omit ", except for clauses 28 and 29,".
(3)In section 180 of the Principal Act, in proposed section 9AC of the Road Safety Act 1986—
(a)after "section 114" (wherever occurring) insert "(2)";
(b)in sub-section (1), after "that vehicle or trailer" insert "or transfer to any other person any registration of that motor vehicle or trailer in respect of that registered operator";
(c)in sub-section (2), after "granted" insert "or registration transferred".
(4)In section 180 of the Principal Act, in proposed section 9AE of the Road Safety Act 1986—
(a)in sub-section (1)—
(i)after "Infringements Act 2006," insert "or if a deemed direction under section 114(4) of that Act is in force,";
(ii)after "section 116 of that Act" insert "or a deemed direction under section 114(4) of that Act";
(iii)for "suspension" substitute "direction not to transfer";
(iv)for "117 of that Act has occurred" substitute "115 or 117 of that Act has occurred, as the case requires";
(b)in sub-section (2)—
(i)after "Infringements Act 2006," insert "or if a deemed direction under section 114(4) of that Act is in force,";
(ii)for "117 of that Act occurs" substitute "115 or 117 of that Act occurs, as the case requires";
(iii)after "section 116 of that Act" insert "or a deemed direction under section 114(4) of that Act".
(5)In section 180 of the Principal Act, in proposed section 9AF of the Road Safety Act 1986—
(a)for "section 117" substitute "section 115 or 117";
(b)after "Infringements Act 2006" insert
"as the case requires".
(6)In section 182 of the Principal Act, in proposed section 19A(1) of the Road Safety Act 1986, for "suspension" substitute "non-renewal direction".
54.New Part 15 inserted
After Part 14 of the Principal Act insert—
'Part 15—Transitional and Savings Provisions
186.Definition
In this Part, "former scheme" means Schedule 7 to the Magistrates' Court Act 1989 as in force immediately before its repeal.
187.General transitional provision
(1)This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984.
(2)Except as specifically provided, this Part does not affect or take away from any other transitional provision.
188.Infringement offences
Subject to this Part and anything to the contrary in this Act, this Act applies to any infringement offence irrespective of whether the infringement offence was committed before, on or after the commencement of section 176(2).
189.Infringement notices
(1)Subject to this Part and anything to the contrary in this Act, this Act applies to any infringement notice irrespective of whether the infringement notice was issued or served before, on or after the commencement of section 176(2).
(2)Despite sub-section (1) and anything to the contrary in this Act, if an infringement notice was issued to or served on a person before the commencement of section 176(2)—
(a)the date or period of time specified in the infringement notice as the time by which the person issued or served with the notice must pay the penalty specified in the infringement notice is the date or period of time by which that person must pay that penalty, irrespective of whether that date or period of time specified is less than 28 days after the infringement notice was issued or served; and
(b)if any matter specified in the infringement notice conflicts with the requirements of this Act, the matter specified in the infringement notice prevails.
190.Form of infringement notice
Despite anything to the contrary in this Act, an infringement notice in a form which complied with any Act, regulation or other instrument as in force immediately before the commencement of section 13—
(a)is deemed to comply with section 13 for a period of 6 months from the commencement of that section; and
(b)may, for a period of 6 months from that commencement, be issued or served in respect of an infringement offence whether the infringement offence is alleged to have been committed before, on or after the commencement of that section; and
(c)may be enforced in accordance with this Act, despite not complying with that section.
191.Courtesy letters
(1)Subject to sub-section (2), a courtesy letter within the meaning of the former scheme served under the former scheme before the commencement of section 29, on and from that commencement—
(a)is deemed to be a penalty reminder notice under this Act; and
(b)may be dealt with and enforced as a penalty reminder notice under this Act.
(2)Sub-section (1) does not affect a decision of a person made under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of the former scheme.
192.Decision to go to Court
If a person has made a decision under clause 3(6) of the former scheme to decline to be dealt with under Part 2 of that scheme and on the commencement of section 176(2) that matter has not been referred to the Court, on and from that commencement, this Act applies as if that decision under clause 3(6) were an election made under Part 2 of this Act.
193.Payment plans
A payment plan arranged and managed by an enforcement agency or managed by the Secretary under the former scheme, on and from the commencement of section 176(2)—
(a)is deemed to be a payment plan arranged and managed by an enforcement agency or managed by the Secretary (as the case requires) under this Act; and
(b)may be managed and dealt with in accordance with Part 3 of this Act.
194.Infringement penalties registered under former scheme
(1)If an enforcement agency has sought to have an infringement penalty with any prescribed costs registered under the former scheme for enforcement under the former scheme but the infringement penalty and any prescribed costs were not registered before the commencement of section 176(2), the infringement penalty and any prescribed costs, on and from that commencement—
(a)are deemed to be lodged under section 54 of this Act; and
(b)may be enforced in accordance with this Act.
(2)If a registrar under the former scheme registered an infringement penalty or part of an infringement penalty and any prescribed costs under the former scheme before the commencement of section 176(2) but an enforcement order was not made before that commencement, an infringements registrar may make an enforcement order in respect of the infringement penalty or part of an infringement penalty and any prescribed costs under section 59 of this Act as if the details of that infringement penalty or part of an infringement penalty and any prescribed costs had been lodged under section 54 of this Act.
195.Enforcement orders made and notices of enforcement order sent under former scheme
(1)An enforcement order made under the former scheme is, on and from the commencement of section 59—
(a)deemed to be an enforcement order made under section 59 of this Act; and
(b)all rights, duties and enforcement mechanisms that apply in respect of an enforcement order made under this Act apply to the deemed enforcement order; and
(c)if the registrar under the former scheme has not already caused notice of the enforcement order to be sent, an infringements registrar must cause an enforcement order notice to be sent to the person under section 60 of this Act.
(2)A notice under clause 6 of the former scheme sent before the commencement of section 60 to a person against whom an enforcement order has been made is deemed, on and from that commencement, to be an enforcement order notice under section 60 of this Act.
196.Applications for an order to pay fine by instalments and extensions of time to pay under former scheme
(1)If a natural person (other than a director to whom a declaration under clause 8A of the former scheme applies) has applied to the registrar under the former scheme before the commencement of section 176(2) for an order to pay a fine by instalments or an order to pay a fine within an extended period in accordance with clause 7 of the former scheme and that application is pending on that commencement, an infringements registrar may consider that application under section 77 of this Act as if that application were an application for a payment order under this Act.
(2)If a body corporate has applied to the registrar before the commencement of section 176(2) for an order to pay a fine by instalments or an order to pay a fine within an extended period in accordance with clause 7 of the former scheme and that application is pending on that commencement, an infringements registrar must consider the application, and if necessary, make an order under clause 7 of the former scheme as if the former scheme had not been repealed.
(3)If a person defaults under an order made pursuant to sub-section (2), an infringements registrar may issue an infringement warrant against the person under this Act despite the default being made in respect of an order made under the former scheme.
197.Orders to pay fine by instalments and extension of time to pay under former scheme
(1)Subject to sub-section (2), an order to pay a fine by instalments or an order to pay a fine within an extended period made by the registrar under the former scheme before the commencement of section 176(2) continues in force, on and from that commencement, as if the former scheme had not been repealed until the fine is paid in accordance with the order.
(2)On and from the commencement of section 176(2), if a person defaults under an order referred to in sub-section (1) for a period of more than 28 days, an infringements registrar may issue an infringement warrant against the person under this Act as if the default had been made under a payment order under this Act.
198.Pending revocation applications under former scheme
(1)If a revocation application made to the registrar under clause 10(1) of the former scheme is pending on the commencement of section 176(2), an infringements registrar may deal with that application under section 66 of this Act as if that application were a revocation application made under section 65 of this Act.
(2)If a revocation application made under clause 10(6) of the former scheme that has been referred to the Court under the former scheme is pending on the commencement of section 176(2), that application may be heard by the Court under section 72 of this Act as if the application were a revocation application made under section 68(1) of this Act.
199.Enforcement orders revoked under former scheme
On and from the commencement of section 176(2), an enforcement order revoked under the former scheme before that commencement must be taken to be an enforcement order revoked under this Act.
200.Pending hearings under the former scheme
(1)If, immediately before the commencement of section 176(2), any matter in respect of an alleged infringement offence, including any application to the Court under the former scheme, was pending before the Court under the former scheme but the Court had not begun to hear the matter, on and from that commencement, the matter must be heard and determined by the Court in accordance with this Act.
(2)If, immediately before the commencement of section 176(2), a matter in respect of an alleged infringement offence, including any application to the Court under the former scheme, had begun to be heard but had not been determined, the matter, on and from that commencement, must be heard and determined by the Court in accordance with the former scheme as if the former scheme had not been repealed.
(3)The repeal of clause 10(8) of the former scheme does not affect any application made under that clause that has not been determined before that repeal.
201.Seven-day notice
A statement in writing required to be delivered to a person under clause 8(2) of the former scheme before the commencement of section 176(2), on and from that commencement—
(a)is deemed, to be a seven-day notice under this Act; and
(b)may be relied on and enforced as a seven-day notice under this Act accordingly.
202.Unexecuted warrants issued under former scheme
(1)A penalty enforcement warrant that is issued against a person under the former scheme before the commencement of Part 6, that has not commenced to be executed before that commencement, on and from that commencement—
(a)is deemed to be an infringement warrant issued under this Act; and
(b)may be enforced accordingly.
(2)A warrant to seize property that is issued against a corporation under the former scheme before the commencement of Part 6, that has not commenced to be executed before that commencement, on and from that commencement—
(a)is deemed to be an infringement warrant issued under this Act; and
(b)may be enforced accordingly.
(3)The sums named in a warrant issued under clause 8 of the former scheme that has been deemed to be an infringement warrant by force of this section, remain recoverable under this Act in respect of the deemed infringement warrant on and from the commencement of section 176(2).
203.Former scheme warrants where execution has commenced
If a penalty enforcement warrant or a warrant of seizure and sale had been issued against a person under the former scheme and execution of the warrant had commenced but was not completed before the commencement of section 176(2), the execution of that warrant continues and must be completed, on and from that commencement, in accordance with the former scheme as if the former scheme had not been repealed by this Act.
204.Registrars in PERIN Court
(1)A registrar employed pursuant to section 17 of the Magistrates' Court Act 1989 on whom functions have been conferred under that Act in respect of any proceeding or class of proceeding under Schedule 7 to that Act before the commencement of section 176(2) is deemed, on and from that commencement, to be an infringements registrar within the meaning of this Act.
(2)A deputy registrar employed pursuant to section 17 of the Magistrates' Court Act 1989 to whom duties, powers and functions under that Act were delegated in respect of the PERIN Court under that Act before the commencement of section 176(2) is deemed, on and from that commencement, to be an infringements registrar within the meaning of this Act.
(3)Nothing in this section prevents the amendment, variation or revocation of a conferral referred to in sub-section (1) or a delegation referred to in sub-section (2) under this Act or any other Act.
205.Superseded references
Unless the context otherwise requires, on and from the commencement of section 176(2), in any Act (other than this Act or a provision of an Act amended by this Act), or in any instrument made under any Act or in any other document of any kind—
(a)a reference to the PERIN Court must be taken to be a reference to the Infringements Court within the meaning of the Magistrates' Court Act 1989;
(b)a reference to the PERIN Registrar must be taken to be a reference to an infringements registrar;
(c)a reference to a courtesy letter must be taken to be a reference to a penalty reminder notice;
(d)a reference to an instalment order under Schedule 7 to the Magistrates' Court Act 1989 or a time to pay order under that Schedule must be taken to be a reference to a payment order;
(e)a reference to a penalty enforcement warrant must be taken to be a reference to an infringement warrant;
(f)a reference to a warrant to seize property issued under clause 8 of the former scheme must be taken to be a reference to an infringement warrant;
(g)a reference to Schedule 7 to the Magistrates' Court Act 1989 must be taken to be a reference to the Infringements Act 2006.
206.Enforcement agencies
(1)An enforcement agency within the meaning of clause 2 of the former scheme is deemed, on and from the commencement of section 176(2), to be an enforcement agency within the meaning of this Act.
(2)Nothing in this section prevents regulations made under this Act from amending or revoking any thing deemed to have been prescribed as an enforcement agency under sub-section (1).
207.PERIN offences
(1)An offence under a prescribed provision specified in regulation 1203 of the Magistrates' Court General Regulations 2000 as in force immediately before the commencement of section 176(2), on and from that commencement—
(a)is deemed to be a lodgeable infringement offence as if it had been prescribed as a lodgeable infringement offence by regulations made under this Act;
(b)may be dealt with as a lodgeable infringement offence under this Act.
(2)Nothing in this section prevents regulations made under this Act from amending or revoking any thing deemed to have been prescribed as a lodgeable infringement offence under sub-section (1).
208.Deemed service
Despite anything to the contrary in the Interpretation of Legislation Act 1984, section 163A applies to a document of a kind referred to in that section served on a person by post and returned undelivered to its sender irrespective of whether that document was served before, on or after the commencement of section 176(2).
209.Clauses 28 and 29 of Schedule 7 continue to have effect
Despite the repeal of clauses 28 and 29 of Schedule 7 to the Magistrates' Court Act 1989 by section 176(2), those clauses continue to have effect as if they had not been repealed.
210.Regulations dealing with transitional matters
(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 this Act (including the repeals and amendments made by this Act) or the Infringements (Consequential and Other Amendments) Act 2006.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from 11 April 2006; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person; and
(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 in any subordinate instrument.'.
__________________
Part 3—Amendments to Children and Young Persons Act 1989
55.Consequential amendments
(1)In section 24(2A)(a) of the Children and Young Persons Act 1989 , for "penalty enforcement warrant" substitute "infringement warrant".
(2)For section 260A(1) of the Children and Young Persons Act 1989 substitute—
"(1)The procedure set out in Schedule 2A may be used instead of commencing a proceeding against a child for an offence for which an infringement notice within the meaning of Schedule 2A could be issued.".
(3)In section 260A(2) of the Children and Young Persons Act 1989 —
(a)in paragraph (a) for "Schedule 7 to the Magistrates' Court Act 1989" substitute "the Infringements Act 2006";
(b)in paragraph (b)—
(i)for "courtesy letter served under Schedule 7 to the Magistrates' Court Act 1989" substitute "penalty reminder notice under the Infringements Act 2006";
(ii)for "courtesy letter served under Schedule 2A" substitute "penalty reminder notice within the meaning of Schedule 2A to the Children and Young Persons Act 1989".
56.Application and definitions
(1)In clause 1(1) of Schedule 2A to the Children and Young Persons Act 1989 omit "and penalties imposed by penalty notices".
(2)Clause 1(4) of Schedule 2A to the Children and Young Persons Act 1989 is repealed.
(3)In Schedule 2A to the Children and Young Persons Act 1989—
(a)in clause 2—
(i)in the definition of "appropriate officer" omit "or penalty notice";
(ii)the definition of "courtesy letter" is repealed;
(iii)in the definition of "enforcement agency" omit "or penalty notice";
(iv)the definition of "penalty notice" is repealed;
(v)the definitions of "prescribed offence", "Code" and "continuing offence provision" are repealed;
(b)in clause 2 insert the following definition—
' "penalty reminder notice" has the same meaning as it has in the Infringements Act 2006;';
(c)in the definition of "infringement notice", for paragraph (c) substitute—
"(c)any Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria;".
57.Repeal of provisions relating to courtesy letters and instalments
In Schedule 2A to the Children and Young Persons Act 1989—
(a)clause 3 is repealed;
(b)clause 4 is repealed;
(c)clause 13(2) is repealed.
58.Lodgement
(1)For clause 5(1)(a)(ii) of Schedule 2A to the Children and Young Persons Act 1989 substitute—
"(ii)who has agreed to pay the infringement penalty by a payment plan under the Infringements Act 2006, but who has subsequently defaulted on payment of that plan; or
(iii)who has made a part payment of the infringement penalty otherwise than under a payment plan under the Infringements Act 2006, and has subsequently defaulted in making any further payment; and".
(2)In clause 5(2)(b) and (c) of Schedule 2A to the Children and Young Persons Act 1989, for "courtesy letter" (wherever occurring) substitute "penalty reminder notice".
(3)In clause 5(2) of Schedule 2A to the Children and Young Persons Act 1989, for paragraphs (d) and (e) substitute—
"(d)the infringement penalty and any prescribed costs had not been paid, whether in full or in part, before the certificate was issued; and
(e)if a payment plan under the Infringements Act 2006 applies to the child, the child has defaulted in making a payment under the payment plan and a specified amount still remains to be paid under that payment plan; and
(ea)if a part payment of the infringement penalty and prescribed costs otherwise than under a payment plan under the Infringements Act 2006 has been made but no further payment has been made and a specified amount still remains to be paid; and".
(4)In clause 5(2)(l) of Schedule 2A to the Children and Young Persons Act 1989, for "Mitcham-Frankston" substitute "EastLink".
59.New clauses 14 and 15 inserted
After clause 13 of Schedule 2A to the Children and Young Persons Act 1989 insert—
"14.Cancellation of infringement notice if person not aware
(1)A child or a person on that child's behalf may apply to a registrar to have an infringement notice cancelled if—
(a)the service of the infringement notice was not by personal service on the child; and
(b)the child was not in fact aware that an infringement notice had been served on the child.
(2)An application under sub-clause (1) must—
(a)be made within 14 days of the child becoming aware of the infringement notice; and
(b)be accompanied by a written statement setting out the grounds on which the cancellation is sought.
(3)If an application is made under sub-clause (1), a registrar must—
(a)stay the operation of the infringement notice; and
(b)refer the application to the Court for hearing and determination.
(4)On the referral to the Court under sub-clause (3), the Court must cause a notice of the time and place of the hearing of the application to be given or sent to the enforcement agency and to the applicant.
15.Powers of Court to cancel
(1)On the referral of an application under clause 14 to the Court, any of the procedures set out in this Schedule that are being used for the enforcement of the infringement penalty are, by force of this sub-clause, suspended pending the determination of the application.
(2)The Court may only cancel an infringement notice if it is satisfied that, more than 14 days before making an application under sub-clause (1), the child was not in fact aware that the infringement notice had been served.
(3)If the Court cancels an infringement notice under this clause—
(a)any infringement penalty and prescribed costs that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or other instrument is, to the necessary extent, appropriated accordingly; and
(b)any of the procedures set out in this Schedule that are being used for the enforcement of any infringement penalty and prescribed costs (if any) in relation to the notice must be discontinued; and
(c)any enforcement order in relation to the infringement penalty and prescribed costs (if any) is revoked; and
(d)any warrant issued in relation to the fine is cancelled.
(4)The cancellation of an infringement notice under this clause does not prevent the service of a new infringement notice in respect of the offence for which the cancelled infringement notice was served.".
60.Repeal of Part 3 of Schedule 2A
Part 3 of Schedule 2A to the Children and Young Persons Act 1989 is repealed.
__________________
Part 4—Amendments to Other Acts
Division 1—Road Safety Act 1986
61.Amendments to Part 6 of Road Safety Act 1986
(1)In section 66 of the Road Safety Act 1986—
(a)in sub-section (2)(a), after "Part 7" insert
", Part 2 of the Infringements Act 2006";
(b)in sub-section (2)(c)(i), after "Part 7" insert ", Part 2 of the Infringements Act 2006";
(c)in sub-section (3)(aab), for "registered under Schedule 7 to the Magistrates' Court Act 1989 or" substitute "lodged with an infringements registrar under Part 4 of the Infringements Act 2006 or registered";
(d)in sub-section (3AA)(c), for "courtesy letter under Schedule 7 to the Magistrates' Court Act 1989 or under Schedule 2A to the Children and Young Persons Act 1989" substitute "penalty reminder notice under Part 2 of the Infringements Act 2006".
(2)In section 67 of the Road Safety Act 1986—
(a)in sub-section (1), for "a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989) of the Magistrates' Court" substitute "an infringements registrar (within the meaning of the Infringements Act 2006)";
(2)In section 45B—
(a)in sub-section (2)—
(i)paragraph (c) is repealed;
(ii)in paragraph (d), for "notices; and" substitute "notices.";
(iii)paragraphs (e) and (f) are repealed;
(b)sub-sections (3), (4), (5), (6), (7) and (8) are repealed.
10.Domestic Building Contracts Act 1995
(1)For section 125(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.
(4)The infringement penalty for an offence referred to in sub-section (1) is the penalty specified in column 2 of Schedule 2 in relation to that offence.".
(2)Sections 126 and 127(1) are repealed.
(3)After 128(6) insert—
"(7)This section applies despite anything to the contrary in the Infringements Act 2006.".
11.Domestic (Feral and Nuisance) Animals Act 1994
(1)For section 85(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 86, 87, 89 and 90 are repealed.
12.Electoral Act 2002
(1)For section 167(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 168, 169, 171, 172 and 173 are repealed.
13.Electricity Industry Act 2000
(1)For section 107(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 108, 110, 111, 112, 113, 114 and 115 are repealed.
14.Electricity Safety Act 1998
(1)For section 140B(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 140C, 140E, 140F, 140G, 140H, 140I and 140J are repealed.
15.Environment Protection Act 1970
(1)For section 63B(3) substitute—
"(3)An offence referred to in sub-section (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)In section 63B(4) omit "and sections 63C and 63D".
(3)Sections 63C and 63D are repealed.
16.Equipment (Public Safety) Act 1994
(1)After section 27(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)In section 27—
(a)in sub-section (2)—
(i)paragraph (c) is repealed;
(ii)in paragraph (d), for "notices; and" substitute "notices.";
(iii)paragraphs (e) and (f) are repealed;
(b)sub-sections (3), (4), (5), (6), (7) and (8) are repealed.
17.Estate Agents Act 1980
(1)After section 95A(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 95B substitute—
"95B.Form of notice
For the purposes of section 95A(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 95C and 95D are repealed.
(4)In section 95E—
(a)sub-sections (1), (2), (3) and (4) are repealed;
(b)in sub-section (5), for "this section" substitute "the Infringements Act 2006".
18.Extractive Industries Development Act 1995
(1)In section 45(1) omit ", in accordance with the regulations,".
(2)For section 45(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)Sections 45(3), 45(4) and 46 are repealed.
19.Fair Trading Act 1999
(1)After section 160A(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 160B substitute—
"160B.Form of notice
For the purposes of section 160A(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 160A(3), 160C, 160D, 160E, 160F, 160G and 160H are repealed.
20.Firearms Act 1996
(1)In section 3(1), the definition of "infringement penalty" is repealed.
(2)For section 168(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)Sections 169, 171, 172, 173, 174 and 175 are repealed.
21.Fundraising Appeals Act 1998
(1)In section 61D(1), after "may" insert ", in accordance with the Infringements Act 2006,".
(2)For section 61D(2) substitute—
"(2)An offence referred to in sub-section (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 alleged offence referred to in sub-section (1) is the amount prescribed in respect of that offence.".
(3)For section 61E substitute—
"61E.Form of notice
For the purposes of section 61D(1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(4)Sections 61F, 61G, 61H, 61I, 61J and 61K are repealed.
22.Gambling Regulation Act 2003
(1)For section 10.5.20(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 10.5.21 substitute—
"10.5.21Prescribed infringement penalty
The infringement penalty for an offence referred to in sub-section (1) is the prescribed penalty in respect of the offence.".
(3)Sections 10.5.22, 10.5.23, 10.5.24, 10.5.25 and 10.5.26 are repealed.
23.Gas Industry Act 2001
(1)For section 220(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 221, 223, 224, 225, 226, 227 and 228 are repealed.
24.Gas Safety Act 1997
(1)For section 117AC(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 117AD, 117AF, 117AG, 117AH, 117AI, 117AJ and 117AK are repealed.
25.Health Services Act 1988
(1)In section 154—
(a)in sub-section (1), after "A notice" insert "(other than an infringement notice)";
(b)in sub-section (2), after "A notice" insert "(other than an infringement notice)".
(2)At the foot of section 154 insert the following Note—
"Note:Service of infringement notices is dealt with by the Infringements Act 2006.".
(3)In section 155(1) omit "in the prescribed form".
(4)For section 155(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(5)For section 155(3) substitute—
"(3)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(6)In section 155, sub-sections (4), (5) and (6) are repealed.
26.Heritage Act 1995
(1)For section 169(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(2)For section 170(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(2A)For the purposes of sub-section (1), an infringement notice—
(a)must be in the form required by the Infringements Act 2006;
(b)must include details of the additional steps (if any) required to expiate the offence;
(c)may contain any additional prescribed details.".
(3)Sections 171, 172, 173 and 185(i) are repealed.
27.Housing Act 1983
(1)In clause 5(1) of Schedule 5 for "parking offence notice" substitute "infringement notice".
(2)For clause 5(2) of Schedule 5 substitute—
"(2)A parking offence referred to in sub-clause (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)In clause 5 of Schedule 5, sub-clauses (3), (5), (6), (7) and (8) are repealed.
(4)In clause 6 of Schedule 5, for "Any" substitute "Despite section 32(3) of the Infringements Act 2006, any".
28.Introduction Agents Act 1997
(1)After section 58(2) insert—
"(3)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(4)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(2)Sections 59, 60, 61 and 62 are repealed.
29.Livestock Disease Control Act 1994
(1)For section 126(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 127, 128, 130 and 131 are repealed.
30.Local Government Act 1989
(1)After section 40(3) insert—
"(3A)An offence referred to in sub-section (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed penalty in respect of that offence.".
(2)For section 40(4) substitute—
"(4)In addition to the details required under section 13 of the Infringements Act 2006, the details of the election to which the alleged infringement relates must be included in an infringement notice served under sub-section (3), including—
(a)the name of the Council; and
(b)the date of the election; and
(c)the name of the ward.".
(3)In section 40, sub-sections (5), (6), (7), (8), (9), (10), (12) and (13) are repealed.
(4)After section 117(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(5)Sections 117(2)(c) and (d) and 117(3) are repealed.
31.Major Events (Crowd Management) Act 2003
(1)For section 18(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 19, 20, 22, 23 and 24 are repealed.
32.Metropolitan Fire Brigades Act 1958
(1)In section 92(1) omit "in a form approved by the Board".
(2)After section 92(1) insert—
"(1A)An offence referred to in sub-section (1) for which a fire prevention infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)For section 92(2) substitute—
"(2)In addition to and without limiting section 12 of the Infringements Act 2006, a fire prevention infringement notice under sub-section (1) may be served in accordance with section 88(1).".
(4)In section 92, sub-sections (3), (4), (5), (6) and (7) are repealed.
33.Mineral Resources Development Act 1990
(1)In section 106(1) omit ", in accordance with the regulations,".
(2)For section 106(2) substitute—
"(2)An offence referred to in sub-section (1) for which a mining infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)Sections 106(3), 106(4) and 107 are repealed.
(4)In section 124(1)—
(a)in paragraph (p), sub-paragraphs (ii) and (iii) are repealed;
(b)in paragraph (q) omit "and the method of their payment".
34.Motor Car Traders Act 1986
(1)After section 82D(2) insert—
"(3)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 82E substitute—
"82E.Form of notice
For the purposes of section 82D, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 82F and 82G are repealed.
(4)In section 82H—
(a)sub-sections (1), (2), (3) and (4) are repealed;
(b)in sub-section (5), for "this section" substitute "Division 5 of Part 2 of the Infringements Act 2006".
35.Non-Emergency Patient Transport Act 2003
(1)For section 56(3) substitute—
"(3)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 57 substitute—
"57.Form of notice
For the purposes of section 56, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Secretary.".
(3)Sections 58, 59, 60, 61, 62 and 63 are repealed.
36.Occupational Health and Safety Act 2004
(1)After section 139(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 139(3) substitute—
"(3)The regulations must prescribe the person or class of persons who may issue infringement notices.".
(3)Sections 139(4), 140, 141 and 142 are repealed.
37.Planning and Environment Act 1987
(1)For section 130(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(2A)In addition to the details required under section 13 of the Infringements Act 2006, the details of the additional steps (if any) required to expiate the offence must be included in an infringement notice served under sub-section (1).".
(2)Sections 131 and 132 are repealed.
38.Plant Health and Plant Products Act 1995
(1)For section 60(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 61, 62, 64 and 65 are repealed.
(3)In section 67, after "a notice" insert "(other than an infringement notice)".
39.Prevention of Cruelty to Animals Act 1986
(1)For section 37A(3) substitute—
"(3)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 37B substitute—
"37B.Form of notice
For the purposes of section 37A, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Department Head.".
(3)Sections 37C, 37D, 37E, 37F, 37G and 37H are repealed.
40.Private Security Act 2004
(1)At the end of section 163 insert—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 164 substitute—
"164.Form of notice
For the purposes of section 163, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Chief Commissioner.".
(3)Sections 165, 166, 167, 168, 169 and 170 are repealed.
(4)In section 180(1)(t), for "and particulars to be included in those notices" substitute "and infringement penalties for those offences".
41.Radiation Act 2005
(1)For section 119(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be issued is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 120, 122, 123, 124, 125 and 126 are repealed.
42.Residential Tenancies Act 1997
(1)For section 510C(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 510D substitute—
"510D.Form of notice
For the purposes of section 510C, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 510E, 510F, 510G, 510H, 510I and 510J are repealed.
43.Road Management Act 2004
(1)For section 90(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 91, 92, 93, 94 and 95 are repealed.
44.Second-Hand Dealers and Pawnbrokers Act 1989
(1)At the end of section 26ZB insert—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 26ZC substitute—
"26ZC.Form of notice
For the purposes of section 26ZB, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 26ZD and 26ZE are repealed.
(4)In section 26ZF—
(a)sub-sections (1) to (4) are repealed;
(b)in sub-section (5), for "this section" substitute "Division 5 of Part 2 of the Infringements Act 2006".
45.Stock (Seller Liability and Declarations) Act 1993
(1)For section 29(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the applicable penalty set out in the Schedule.
(3)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Minister.".
(2)Sections 30 and 31 are repealed.
46.Summary Offences Act 1966
(1)In the Note to section 18(3), for "sections 60AA to 60AH" substitute "section 60AA".
(2)For section 60AA(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)For section 60AB substitute—
"60AB.Infringement penalty
The amount payable for an alleged offence for which an infringement notice may be served is 1 penalty unit.".
(4)Sections 60AC to 60AH are repealed.
47.Tobacco Act 1987
(1)Section 38(1A) is repealed.
(2)For section 38(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(3)For section 38(3) substitute—
"(3)For the purposes of sub-section (1), an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional prescribed details.".
(4)In section 38, sub-sections (4), (5), (6) and (7) are repealed.
48.Trade Measurement (Administration) Act 1995
(1)For section 18(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 19, 20, 22 and 23 are repealed.
49.Travel Agents Act 1986
(1)For section 39ZC(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006 and the penalty for that offence is the prescribed infringement penalty in respect of that offence.".
(2)For section 39ZD substitute—
"39ZD.Form of notice
For the purposes of section 39ZC, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director.".
(3)Sections 39ZE, 39ZF, 39ZG, 39ZH, 39ZI and 39ZJ are repealed.
50.Utility Meters (Metrological Controls) Act 2002
(1)For section 54(2) substitute—
"(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)Sections 55, 56, 58 and 59 are repealed.
51.Water Efficiency Labelling and Standards Act 2005
(1)After section 40(1) insert—
"(1A)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
(2)For section 40A substitute—
"40A.Form of notice
For the purposes of section 40, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Regulator.".
(3)Sections 40B, 40C, 40D, 40E and 40F are repealed.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 4 May 2006
Legislative Council: 1 June 2006
The long title for the Bill for this Act was "to provide for transitional arrangements for the Infringements Act 2006, to make other amendments to that Act, to amend the Children and Young Persons Act 1989, the Road Safety Act 1986, the Marine Act 1988, the Transport Act 1983, the EastLink Project Act 2004, the Melbourne City Link Act 1995, the Chattel Securities Act 1987, the Bail Act 1977, the Sentencing Act 1991, the Magistrates' Court Act 1989 and the Corrections Act 1986, to amend the Liquor Control Reform Act 1998 to provide for certain offences to be enforced by infringement notice and to make consequential amendments to various Acts and for other purposes."
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