Fines Reform Amendment Act 2017 - legislation.vic.gov.auFILE/17-059a.docx · Web viewOCPC Victoria, Word 2007, ... Fines Reform Amendment Act 2017. ... including the potential impact

Fines Reform Amendment Act 2017 No. 59 of 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Amendment of Fines Reform Act 2014—family violence scheme 4

3 Definitions 44 Functions and powers of the Director 55 New Part 2B inserted 56 Application for enforcement review 197 Powers of the Magistrates' Court 208 New section 192A inserted 209 What can an enforcement agency decide on review? 20

Part 3—Amendment of Fines Reform Act 2014—enforcement hearing orders 22

10 Definitions 2211 New Division 2A of Part 3 inserted 2412 Notice of final demand 2713 Content of notice of final demand 2814 Person may apply for payment arrangement 2815 Refusal of application for payment arrangement 2916 Offering proposed payment arrangements 2917 Content of payment arrangement 3018 Payment arrangements—removals 3019 Cancellation by request of person to whom payment

arrangement applies 3120 Section 51 substituted 3121 Director's power to make payment arrangements 3122 Allocation of money received under payment arrangement 3223 Provision of current contact details 3224 Default on a payment arrangement results in other

enforcement action 3325 Enforcement action on default, cancellation or removal if

payment is not complete 3326 When can an attachment of earnings direction be made? 33

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27 Allocation of money under attachment of earnings direction 3428 When can an attachment of debts direction be made? 3429 Allocation of money under attachment of debts direction 3430 Application 3531 Director may serve notice of intention to charge land 3632 Issue of enforcement warrant 3633 Execution of enforcement warrant—fine defaulter other than

person in contravention of community work permit 3634 Warning of execution of enforcement warrant—seven-day

notice 3735 Executing enforcement warrant after expiry of seven-day

notice 3836 Reduction of imprisonment by payment of portion of

registered fine 3837 Part 14 heading substituted 3838 Division 1 heading amended 3939 Section 163 substituted 3940 Infringement offender to be brought before the Magistrates'

Court 4041 Powers of the Magistrates' Court 4142 Additional powers of the Magistrates' Court 4243 Term of imprisonment 4344 Variation of instalment order 4345 Application for rehearing in certain circumstances 4346 Determination of rehearing 4447 Application for bail pending rehearing 4448 Infringement offender in custody 4449 Reduction of imprisonment by payment of part of registered

infringement fine 4550 Heading to Division 2 of Part 14 amended 4551 Application of the Director on behalf of person in custody 4652 Time served orders 4653 Orders of Magistrates' Court for any registered infringement

fine or any remaining amount 4654 Additional powers of the Magistrates' Court 4655 Term of imprisonment including whether cumulative or

concurrent 4756 Enforcement and payment report 4757 New sections 69FA and 69FB inserted 48

Part 4—Amendment of Fines Reform Act 2014—enforcement warrants and bail 49

58 Issue of enforcement warrant 4959 Execution of enforcement warrant—fine defaulter other than

person in contravention of community work permit 4960 Execution of enforcement warrant—contravention of

community work permit 50

61 Bail Act 1977 applies to person arrested 50

Part 5—Amendment of Fines Reform Act 2014—administrative services agreements 51

62 New Part 14A inserted 5163 New section 201B inserted 63

Part 6—Amendment of Fines Reform Act 2014—service requirements 65

64 Director may serve notice of intention to charge land 6565 Notice of intention to sell charged land 6566 Service of documents 6667 Section 181 substituted 66

Part 7—Amendment of Fines Reform Act 2014—miscellaneous amendments 67

68 Commencement 6769 Definitions 6770 Powers to waive or reduce costs or fees 6871 Application for work and development permit 6972 Effect of work and development permit 6973 Registration of court fine for enforcement 6974 Registration of infringement fine with Director 6975 Application for enforcement review 7076 Time to pay, enter payment arrangement or apply for work

and development permit if infringement confirmation served 7077 Person may apply for payment arrangement 7178 Payment arrangement has same effect as a full payment—

demerit point schemes 7179 Bank account 7180 Service and effect of attachment of debts direction 7181 Obligations of bank or co-operative receiving or holding

payments of garnishee on behalf of fine defaulter 7282 Enforcement fees and certain costs to be included 7283 Execution of enforcement warrant—contravention of

community work permit 7384 Imprisonment of person on execution of enforcement warrant 7385 Warning of execution of enforcement warrant—seven-day

notice 7386 Executing enforcement warrant after expiry of seven-day

notice 7487 Stay of enforcement warrant 7488 Director must notify VicRoads of removal of number plates 7589 Recovery of motor vehicle by registered operator within

prescribed period 7590 Certain agencies may give information for enforcement

purposes 75

91 New section 190A inserted 7592 Payment orders under Infringements Act 2006 7693 Definitions 7694 Persons may elect to have matter heard in Court or Children's

Court 7795 Enforcement agency can refer matter to Court or Children's

Court 7796 Withdrawal of infringement notice 7797 Application for internal review 7798 What can an enforcement agency decide on review? 7799 Payment plans available in certain circumstances 79100 Payment plans—additions, removals and cancellations 79101 Allocation of money received under payment plan 80102 New Division 3 inserted into Part 16 80103 Where impracticable to bring person arrested before court 80104 Extension of time if no actual notice for offence to drive

unregistered vehicle in toll zone 80105 Sections 277, 278 and 279 repealed 81106 Extension of time if no actual notice for offence to drive

unregistered vehicle in toll zone 81107 Extension of time if no actual notice for certain traffic

infringements 81

Part 8—Miscellaneous amendments of other Acts 82

Division 1—Bail Amendment (Stage One) Act 2017 82

108 Section 23 repealed 82

Division 2—Amendment of Children, Youth and Families Act 2005 82

109 Schedule 3 amended 82

Division 3—Amendment of Infringements Act 2006 83

110 Definitions 83111 Enforcement agency guidelines and policies 83112 Withdrawal of infringement notice 83113 Application for internal review 84114 What can an enforcement agency decide on review? 84115 Time to pay if decision confirmed 84116 Penalty reminder notices 85117 Expiating the offence 85118 Extension of time for commencement of proceedings if work

and development permit cancelled 85119 Payment plans available in certain circumstances 85120 Payment plans 86121 Payment plans—additions, removals and cancellations 86122 Allocation of money received under payment plan 86

123 Payment plans may extend period for commencing proceedings for offence 87

124 Service deemed despite document being returned to sender 87

Division 4—Amendment of Magistrates' Court Act 1989 87

125 Repeal of Part 6A 87

Division 5—Amendment of Road Safety Act 1986 87

126 Use of effective statement to avoid liability 87

Division 6—Amendment of Sentencing Act 1991 88

127 Definitions 88128 Fine conversion order 88129 Order of court if material change in circumstances of offender 88130 Other orders of court 88131 Provisions applying to a superannuation order 88132 New section 163 inserted 89

Division 7—Amendment of Sheriff Act 2009 89

133 Power to temporarily restrain person hindering execution of warrant 89

134 Power to direct a person to do something 90135 Offence to resist sheriff, deputy sheriff, sheriff's officer or

justice employee 90

Part 9—Repeal of amending Act 92

136 Repeal of amending Act 92═════════════

Endnotes 93

1 General information 93

Fines Reform Amendment Act 2017†

No. 59 of 2017

[Assented to 5 December 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Fines Reform Act 2014—

(i) to establish a scheme to assist victims of family violence who come into contact with the infringement system; and

Victoria

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(ii) to provide for the referral, registration and collection of enforcement hearing orders; and

(iii) to further provide for enforcement warrants and bail; and

(iv) to provide for the Attorney-General and the Minister administering Parts 2 and 3 of the Victoria Police Act 2013 to enter into administrative services agreements to support the functions of the Director, Fines Victoria, the sheriff and Victoria Police; and

(v) to further provide for work and development permits; and

(vi) to further provide for service of a document; and

(vii) to make other minor and technical amendments; and

(b) to amend the Sentencing Act 1991 to further provide for the harmonisation of court powers to deal with offenders brought before the court; and

(c) to amend the Sheriff Act 2009 to provide for the sheriff in exercising certain powers under the Fines Reform Act 2014 to temporarily restrain a person, to direct a person to do something and to make it an offence to resist the sheriff in exercising certain powers; and

(d) to make minor and consequential amendments to other Acts.

2 Commencement

(1) This Act, except Parts 2, 3 and 4 and sections 113, 125 and 126, comes into operation on the day after the day on which it receives the Royal Assent.

Section Page

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(2) Subject to subsection (3), Parts 2, 3 and 4 and sections 113, 125 and 126 come into operation on a day or days to be proclaimed.

(3) If section 113, 125 or 126 or a provision ofPart 2, 3 or 4 does not come into operation before 3 December 2018, it comes into operation on that day.

Section Page

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Part 2—Amendment of Fines Reform Act 2014—family violence scheme

3 Definitions

In section 3 of the Fines Reform Act 2014 insert the following definitions—

"enforcement suspension period means the period that the Director suspends enforcement of an operator onus offence under section 10V(3);

family violence has the same meaning as it has in section 5 of the Family Violence Protection Act 2008;

FVS applicant means a natural person who makes an FVS application;

FVS application means an application made under section 10M;

FVS eligible offence means an infringement offence, but does not include any of the following—

(a) a non-registrable infringement offence;

(b) an infringement offence that is a drink-driving infringement, drug-driving infringement or an excessive speed infringement within the meaning of the Road Safety Act 1986;

(c) an infringement offence to which section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 applies;

(d) an infringement offence against section 61A or 61BA of the Marine

Part 3—Amendment of Fines Reform Act 2014—enforcement hearing orders

Fines Reform Amendment Act 2017No. 59 of 2017

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(Drug, Alcohol and Pollution Control) Act 1988;

(e) an infringement offence prescribed not to be an FVS eligible offence;

FVS eligible person means a natural person who the Director determines is eligible for the family violence scheme under section 10T;".

4 Functions and powers of the Director

After section 5(h) of the Fines Reform Act 2014 insert—

"(ha) to manage and monitor the operation of the family violence scheme;

(hb) to determine FVS applications;".

5 New Part 2B inserted

After Part 2A of the Fines Reform Act 2014 insert—

"Part 2B—Family violence scheme

Division 1—Family violence scheme applications

10M FVS application

(1) A natural person may apply to the Director for a determination that the person is an FVS eligible person for the purposes of the family violence scheme.

(2) An FVS application may be made by a person acting on behalf of the FVS applicant.

(3) This section does not apply to a person who applies for enforcement review under section 32 if the enforcement review application is made, and not withdrawn, on the basis of family violence (the person is



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a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence).Note

See paragraph (d) of the definition of special circumstances.

10N Form of FVS application

An FVS application must—

(a) be in writing; and

(b) state the grounds on which the application is made; and

(c) provide the FVS applicant's address for service; and

(d) refer to the infringement fine to which the application relates; and

(e) include any other prescribed information.

10O FVS application to be made before certain enforcement related events

An FVS application must be made before any of the following occur in respect of the infringement offence referred to in the application—

(a) a seven-day notice has expired;

(b) an attachment of earnings direction or an attachment of debts direction has been made;

(c) a land charge has been recorded;

(d) property has been seized under a vehicle seizure and sale notice;

(e) the infringement fine has been paid.



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10P Additional eligible infringement offence during FVS application

(1) If an FVS applicant receives an infringement notice for an FVS eligible offence that was committed after an FVS application is made, but before the determination of the FVS application, the FVS applicant may request that the Director add the offence to the FVS application.

(2) A request under subsection (1) must contain sufficient information to identify the FVS eligible offence that is to be added to the FVS application.

10Q Request for additional information

(1) The Director by written request may request an FVS applicant to provide any additional information the Director requires to determine the FVS application.

(2) The FVS applicant—

(a) must provide the additional information requested by the Director under subsection (1) within 14 days of service of the request; or

(b) may request, in writing, an extension of time to provide the additional information, if additional time is required.

(3) If an FVS applicant requests additional time under subsection (2)(b), the Director may—

(a) grant an extension of time not exceeding 3 months from the service of the original request for that information to be provided; or



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(b) refuse to extend the time for the provision of the additional information.

(4) If the Director grants an extension of time under subsection (3)(a), the Director must inform the FVS applicant, in writing, of the period of the extension.

(5) If an FVS applicant fails to provide the information requested under subsection (1) to the Director within the time required (including any extended period), the Director—

(a) may determine the FVS application without the additional information; or

(b) if the FVS applicant provides the additional information to the Director out of time, the Director may—

(i) accept that late information; and

(ii) determine the FVS application with that late information.

10R Verification of information supplied in FVS application

(1) The Director may specify how any information supplied to it in an FVS application is to be verified.

(2) Without limiting subsection (1), the Director may require that information be supplied in the form of, or be verified by, a statutory declaration.

10S Suspension of enforcement action for infringement offence the subject of FVS application

(1) If an FVS application is made, the Director must direct an enforcement agency to suspend any enforcement action under this



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Act against the FVS applicant in respect of each FVS eligible offence referred to in the FVS application.

(2) A direction under subsection (1) must—

(a) include notice of—

(i) the FVS application; and

(ii) the suspension of enforcement action; and

(b) specify that enforcement action against the FVS applicant is suspended for the period specified in the direction.

(3) The suspension of enforcement action under subsection (1) begins from the time that the FVS application is made and ends on the later of—

(a) in the case of the Director having determined that the FVS applicant is not an FVS eligible person, the date of that determination; or

(b) in the case of the Director having determined that the FVS applicant is an FVS eligible person, the date of withdrawal of the infringement notice for the FVS eligible offence under section 10U(2)(a).

(4) Enforcement action for an infringement offence committed by an FVS applicant after an FVS application is made is not suspended, unless—

(a) the infringement offence is added to the application pursuant to a request under section 10P(1) and the enforcement agency is given notice of the FVS application; or



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(b) the FVS applicant makes another FVS application that includes the infringement offence and an enforcement agency is given notice of the other FVS application.

Division 2—Determination of FVS application

10T Determination of FVS eligible person

(1) The Director may determine that an FVS applicant is an FVS eligible person in respect of an FVS eligible offence if the Director is satisfied that—

(a) the FVS applicant was served with an infringement notice in relation to the FVS eligible offence; and

(b) the FVS applicant is a victim of family violence; and

(c) either—

(i) the family violence substantially contributed to the FVS applicant being unable to control the conduct that constituted the FVS eligible offence; or

(ii) in the case of an FVS eligible offence that is an operator onus offence within the meaning of Part 6AA of the Road Safety Act 1986—

(A) the FVS applicant was the registered operator of the vehicle at the time of the



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offence but was not the driver at the time of the offence; and

(B) the family violence substantially contributed to the FVS applicant being unable to make a known user statement (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the offence.

(2) The Director must determine that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence if the Director is satisfied that the criteria in subsection (1) are not met.

(3) The Director must serve written notice on the FVS applicant of the determination that—

(a) the FVS applicant is an FVS eligible person in respect of the relevant FVS eligible offence; or

(b) the FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence.

(4) A determination by the Director under this Part in relation to a person's experience of family violence is not a matter to be taken into account for the purpose of determining the guilt or liability of a person for an offence in any proceeding.

Division 3—FVS eligible persons10U Cancellation, waiver and withdrawal of

FVS eligible offence in respect of FVS eligible person



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(1) Within 21 days of determining that an FVS applicant is an FVS eligible person, the Director must—

(a) cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action in respect of the FVS eligible offence; and

(b) waive any additional fees and costs that have been added to the infringement penalty under this Act, the Infringements Act 2006, or regulations made under those Acts; and

(c) direct the enforcement agency to—

(i) withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the Infringements Act 2006; and

(ii) take no further action in relation to the FVS eligible offence.

(2) An enforcement agency that receives a direction under subsection (1)(c) must—

(a) withdraw the infringement notice within 28 days of receiving the direction; and

(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

(3) Subsection (1) does not apply to an FVS eligible offence to which section 10V applies.



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10V Suspension of enforcement of operator onus offence in relation to FVS eligible person

(1) This section applies if—

(a) an FVS eligible offence is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986; and

(b) the FVS eligible person was—

(i) the operator (within the meaning of Part 6AA of the Road Safety Act 1986) of a motor vehicle; and

(ii) not the driver, or in possession or control of that motor vehicle at the time of the offence.

(2) Within 21 days of receiving notice from the Director that the FVS applicant is an FVS eligible person, the FVS eligible person may make a written request to the Director for the suspension of enforcement action of an FVS eligible offence to which this section applies.

(3) If the Director receives a written request referred to in subsection (2), the Director may suspend any enforcement action that may be taken under this Act and the Infringements Act 2006 against the FVS eligible person in respect of the FVS eligible offence for a period not exceeding 6 months.

(4) If the Director suspends enforcement action under subsection (3), the Director may direct that an enforcement agency is to take no



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enforcement action in respect of the FVS eligible offence during the enforcement suspension period.

(5) If the Director suspends enforcement action under subsection (3) and the FVS eligible person makes an effective known user statement (within the meaning of Part 6AA of the Road Safety Act 1986), the suspension of enforcement ends.

(6) If an effective known user statement referred to in subsection (5) is cancelled under section 84BF of the Road Safety Act 1986, the Director may refer the FVS eligible offence to the enforcement agency, who may take any action referred to in section 38(1)(a) with respect to the FVS eligible offence.

(7) In the circumstances referred to in subsection (8), the Director must—

(a) cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action, in respect of the FVS eligible offence; and

(b) waive any additional fees and costs that have been added to the infringement penalty under this Act, the Infringements Act 2006, or regulations made under those Acts; and

(c) direct the enforcement agency to—

(i) withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the Infringements Act 2006; and



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(ii) take no further action in relation to the FVS eligible offence; and

(d) notify the FVS eligible person of any action the Director takes under this subsection.

(8) For the purposes of subsection (7), the specified circumstances are—

(a) the Director has not received a written request from the FVS eligible person referred to in subsection (2); or

(b) a written request referred to in subsection (2) has been made and no effective known user statement has been made by the FVS eligible person by the end of the period of enforcement suspension referred to in subsection (3).

(9) An enforcement agency that receives a direction under subsection (7)(c) must—

(a) withdraw the infringement notice within 28 days of receiving the direction; and

(b) notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

Division 4—FVS ineligible persons10W FVS applicant ineligible for family

violence scheme

(1) If the Director determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence, the Director must give written notice of the determination within 21 days of its making to the enforcement agency.



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(2) Within 21 days of the Director notifying an FVS applicant that the FVS applicant is not an FVS eligible person, the person liable to pay the fine referred to in the FVS application must—

(a) pay the fine, and subject to subsection (3), any related fees; or

(b) take any other action in relation to the fine which the person may take under this Act or the Infringements Act 2006.

(3) For the purpose of subsection (2)(a), a person is not liable for any fees related to any fine which is the subject of an FVS application which accrue while the FVS application is being determined.

(4) If the Director determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under section 10T, an enforcement agency may immediately resume enforcement action in relation to the infringement offence.

(5) If an enforcement agency which receives notice under subsection (1) commences a proceeding for the alleged offence, the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notice.

(6) Subsection (5) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced



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for an offence alleged to have been committed.

Division 5—Referral of infringement offence to enforcement agency

10X Director may refer infringement offence in FVS application to enforcement agency

(1) This section applies whether or not a person is an FVS eligible person.

(2) Despite anything to the contrary in this Part, the Director may cancel the enforcement of an infringement offence included in an FVS application and refer the matter back to the enforcement agency.

(3) In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director must consider the following—

(a) the number, frequency and nature of the FVS applicant's offences;

(b) whether, in relation to each offence—

(i) family violence substantially contributed to the FVS applicant being unable to control the conduct that constitutes the offence; or

(ii) the offence was an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986 and the person was the registered operator of the vehicle but was not the driver at the time of the offence;

(c) other FVS applications the FVS applicant has previously made.



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(4) In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director may consider any other matter the Director considers relevant.

10Y Enforcement agency may prosecute or withdraw infringement notice

(1) An enforcement agency to which the Director refers an infringement offence under section 10X(2) may—

(a) withdraw the infringement notice by issuing a withdrawal notice under section 19 of the Infringements Act 2006 and—

(i) take no further action against the person; or

(ii) issue an official warning to the person; or

(b) file a charge-sheet charging the offence alleged to have been committed.

(2) If an enforcement agency to which the Director refers an infringement offence under section 10X(2) commences a proceeding for the alleged offence by filing a charge-sheet under subsection (1)(b), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date that the Director refers the infringement offence to the enforcement agency.

(3) Subsection (2) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during



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which any proceeding must be commenced for an offence alleged to have been committed.

Division 6—Review of family violence scheme

10Z Review of FVS

(1) The Minister must cause a review of the operation of the family violence scheme in this Part to be undertaken.

(2) The review must commence no later than 2 years after the commencement of the operation of the family violence scheme.

(3) The review must review the operation of the family violence scheme in accordance with terms of reference determined by the Minister, including the potential impact on road safety.

(4) The person appointed by the Minister to conduct the review must provide a written report to the Minister.".

6 Application for enforcement review

For section 32(1)(b) of the Fines Reform Act 2014 substitute—

"(b) that special circumstances apply to the person, unless—

(i) the special circumstance referred to in the application is family violence; and

(ii) the person has made an FVS application; or".



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7 Powers of the Magistrates' Court

In section 165(2) of the Fines Reform Act 2014—

(a) in paragraph (c), for "harsh." substitute "harsh; or";

(b) after paragraph (c) insert—

"(d) that the person in default is a victim of family violence that substantially contributed to the person being unable to control the conduct which constituted the offending.".

8 New section 192A inserted

After section 192 of the Fines Reform Act 2014 insert—

"192A Unexecuted infringement warrants and the family violence scheme

Part 2B applies to an infringement fine which is the subject of an infringement warrant taken to be an enforcement warrant issued under this Act by force of section 192 as if that Part had been enacted and in force at the time the infringement warrant to which section 192 applies was issued.".

9 What can an enforcement agency decide on review?

In section 25 of the Infringements Act 2006—

(a) in subsection (3), for paragraph (e) substitute—

"(e) be the subject of an application to the Director for a work and development permit; or



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(f) make an FVS application (within the meaning of the Fines Reform Act 2014) under section 10M of that Act, unless the person has already made an FVS application with respect to the infringement notice.".

(b) in subsection (5), for paragraph (f) substitute—

"(f) be the subject of an application to the Director for a work and development permit; or

(g) make an FVS application (within the meaning of the Fines Reform Act 2014) under section 10M of that Act, unless the person has already made an FVS application with respect to the infringement notice.".



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Part 3—Amendment of Fines Reform Act 2014—enforcement hearing orders10 Definitions

(1) In section 3 of the Fines Reform Act 2014 insert the following definitions—

"collection and enforcement order means an order of a court made—

(a) in respect of an outstanding registered infringement fine under—

(i) section 165(1)(b); or

(ii) sections 165(1)(b) and 165A(1)(a); or

(iii) sections 165(1)(b) and 165A(1)(b); or

(iv) section 165(3)(b); or

(v) section 165(3)(c); or

(b) in respect of an outstanding registered court fine under—

(i) section 69G(2)(b) of the Sentencing Act 1991; or

(ii) section 69G(2)(b) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or

(iii) section 69H(2)(ca), (cb) or (d) of the Sentencing Act 1991;



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collection order means an order of a court made—

(a) in respect of an outstanding registered infringement fine under—

(i) sections 165(1)(c) and 165A(2)(b); or

(ii) sections 165(3)(e) and 165A(2)(b); or

(b) in respect of an outstanding registered court fine under—

(i) section 69G(2)(c) and (3) of the Sentencing Act 1991 for the undischarged amount to be paid by instalments or allowing time to pay that undischarged amount; or

(ii) section 69G(2)(d) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing; or

(iii) section 69H(2)(e) of the Sentencing Act 1991 that the outstanding registered court fine be paid by the date of the adjourned hearing;

enforcement hearing order means either or both of the following—

(a) a collection order;

(b) a collection and enforcement order;

enforcement hearing order statement means a statement under section 15C;



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registered collection and enforcement order means a collection and enforcement order that has been registered with the Director under Division 2A of Part 3 for enforcement and includes any collection fee and enforcement warrant fee (if any);".

(2) In section 3 of the Fines Reform Act 2014, for the definition of fine defaulter substitute—

"fine defaulter means a person, including a declared director in respect of whom a notice of final demand has been served, who owes—

(a) an outstanding amount under a registered fine; or

(b) an outstanding amount under a registered collection and enforcement order—

but does not include a person who has applied, in respect of any registered fine, for a payment arrangement or, in the case of a registered infringement fine, for enforcement review, until that application is determined;".

11 New Division 2A of Part 3 inserted

After Division 2 of Part 3 of the Fines Reform Act 2014 insert—

"Division 2A—Referral of enforcement hearing orders, registration of collection

and enforcement orders15A Division does not derogate from

Sentencing Act 1991



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This Division is in addition to, and does not derogate from, any powers of a court under the Sentencing Act 1991.

15B Referral of enforcement hearing orders to Director for collection

(1) If a court makes an enforcement hearing order in respect of a person, unless the court otherwise orders, the enforcement hearing order is referred to the Director for collection when the enforcement hearing order is made.

(2) If a court makes an enforcement hearing order referred to in subsection (1), the person may—

(a) if the person decides to pay the outstanding amount on the same day the enforcement hearing order is made, pay the outstanding amount to the court that made the enforcement hearing order; or

(b) if the person decides to pay the outstanding amount at any time after the day the enforcement hearing order is made until the day the outstanding amount is due, pay the outstanding amount to the Director.

(3) If a court makes an order under section 69G(3) or 69H(2)(ca), (cb) or (d) of the Sentencing Act 1991 as part of an enforcement hearing order providing that an outstanding amount may be paid by instalments or allowing time to pay the outstanding amount the Director must collect the enforcement hearing order in accordance with any terms specified by the court in the order.



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(4) Subject to subsection (3), the Director may manage any enforcement hearing order referred to the Director for collection under this section as if the Director had made a payment arrangement for that enforcement hearing order with the offender.

15C Enforcement hearing order statement

(1) As soon as practicable after an enforcement hearing order is referred to the Director in accordance with section 15B, the Director must serve an enforcement hearing order statement on the person.

(2) An enforcement hearing order statement must—

(a) be in writing; and

(b) specify—

(i) the court order made in respect of the person; and

(ii) any prescribed details; and

(c) include a statement that a failure to comply with a collection and enforcement order (if any) may result in the registration of the collection and enforcement order; and

(d) include a summary of the powers available under this Act if the enforcement hearing order is registered with the Director.

15D Referral of collection order by Director to court on default



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The Director must refer a collection order to the court that made the order if a person defaults on the collection order by—

(a) a failure to pay the outstanding amount as required by the collection order; or

(b) a failure to comply with the terms of the instalment order or time to pay order that applies to the collection order; or

(c) a failure to comply with the payment arrangement where the collection order is included in a payment arrangement.

Note

See Part 5 for the management by a payment arrangement of a collection order that may or may not have been the subject of an instalment order or a time to pay order.

15E Registration of collection and enforcement order

A collection and enforcement order is registered with the Director for enforcement if the person—

(a) fails to pay the outstanding amount as required by the collection and enforcement order; or

(b) fails to comply with the terms of any instalment order or time to pay order that applies to the collection and enforcement order; or

(c) fails to comply with the payment arrangement where the collection and enforcement order is included in a payment arrangement.".

12 Notice of final demand



27

(1) In section 23(1) of the Fines Reform Act 2014, after "registered fine" insert "or a registered collection and enforcement order".

(2) For section 23(2) of the Fines Reform Act 2014 substitute—

"(2) The notice of final demand must be sent to—

(a) the person's authorised address; or

(b) the person's address provided in the preceding 12 months in respect of a fines application; or

(c) any alternative address for the person as provided for the purposes of registration.

(3) On the service of the notice of final demand, the prescribed fee is payable by the person.".

13 Content of notice of final demand

In section 24 of the Fines Reform Act 2014—

(a) in subsection (1)(a)(i), for "the registered fine" substitute "a registered fine or a registered collection and enforcement order";

(b) in subsection (2), after "registered fines" insert "or registered collection and enforcement orders";

(c) in subsection (3), after "registered fines" insert "or registered collection and enforcement orders".

14 Person may apply for payment arrangement

(1) After section 42(1) of the Fines Reform Act 2014 insert—

"(1A) Subject to subsection (4), a natural person may apply to the Director for a payment



28

arrangement to pay a registered collection and enforcement order.".

(2) In section 42(3)(b) of the Fines Reform Act 2014, after "a fine" insert "or a registered collection and enforcement order".

15 Refusal of application for payment arrangement

(1) In section 44(3) of the Fines Reform Act 2014, after "pay the fine" insert "or the registered collection and enforcement order".

(2) After section 44(3)(a) of the Fines Reform Act 2014 insert—

"(ab) pay the registered collection and enforcement order; or".

(3) In section 44(3)(b) of the Fines Reform Act 2014, after "the fine" insert "or the registered collection and enforcement order".

16 Offering proposed payment arrangements

For section 45(2) of the Fines Reform Act 2014 substitute—

"(2) The Director must offer a proposed payment arrangement to a person in accordance with any terms specified by a court in an order—

(a) that is an instalment order under section 56 of the Sentencing Act 1991 in respect of a court fine; or

(b) that is a time to pay order under section 59 of the Sentencing Act 1991 in respect of a court fine; or

(c) that is a registered collection and enforcement order in respect of an outstanding court fine that is



29

the subject of an order under section 69G(3) of the Sentencing Act 1991 that—

(i) the outstanding court fine be paid by instalments; or

(ii) that the person be allowed time to pay the outstanding court fine.

Note

See section 13(4).".

17 Content of payment arrangement

(1) After section 46(1)(d) of the Fines Reform Act 2014 insert—

"(da) one registered collection and enforcement order; or

(db) multiple registered collection and enforcement orders; or".

(2) In section 46(2) of the Fines Reform Act 2014, after "any fine" insert "or any registered collection and enforcement order".

18 Payment arrangements—removals


(a) in subsection (1), after "court fine" insert "or registered collection and enforcement order";

(b) in subsection (3), after "a fine" insert "or a registered collection and enforcement order";

(c) in subsection (3), after "that fine" insert "or that registered collection and enforcement order";

(d) in subsection (3)(a), after "or court fine" insert "or registered collection and enforcement order";



30

(e) in subsection (4), after "time the fine" insert "or the registered collection and enforcement order";

(f) in subsection (4)(a), after "the fine" insert "or the registered collection and enforcement order".

19 Cancellation by request of person to whom payment arrangement applies

(1) In section 49(3) of the Fines Reform Act 2014, after "a court fine" insert "or a registered collection and enforcement order".

(2) In section 49(3)(a) of the Fines Reform Act 2014, after "oldest fine" insert "or registered collection and enforcement order".

(3) In section 49(4)(a) of the Fines Reform Act 2014, after "the fine" insert "or the registered collection and enforcement order".

20 Section 51 substituted

For section 51 of the Fines Reform Act 2014 substitute—

"51 Addition of fines or registered collection and enforcement orders requires a new payment arrangement to be made

A person who has made a payment arrangement with the Director and who wishes to add an infringement fine or a court fine or a registered collection and enforcement order to that payment arrangement must apply for a new payment arrangement under section 42 in respect of the relevant infringement fine or court fine or registered collection and enforcement order.".

21 Director's power to make payment arrangements



31

In section 52(1) of the Fines Reform Act 2014, after "or court fine" insert "or registered collection and enforcement order".

22 Allocation of money received under payment arrangement


"(1) The Director must allocate money received under a payment arrangement in order of priority based on the date of each infringement fine, court fine or registered collection and enforcement order under the payment arrangement, with the oldest fine or registered collection and enforcement order being paid out first unless a court order provides otherwise for the priority of payment of—

(a) any fine; or

(b) any registered collection and enforcement order.".

(2) In section 53(2)(b) of the Fines Reform Act 2014, after "court fine" insert "or registered collection and enforcement order".

(3) In section 53(3)(a) of the Fines Reform Act 2014—

(a) after "other fines" insert "or registered collection and enforcement orders";

(b) after "those fines" insert "or registered collection and enforcement orders".

23 Provision of current contact details



32


(a) after "imposing a fine" insert "or a registered collection and enforcement order";

(b) after "the court fine" insert "or the registered collection and enforcement order".

24 Default on a payment arrangement results in other enforcement action

In section 56(2)(c) of the Fines Reform Act 2014, for "will be enforced by other enforcement action available under the Act" substitute "or registered collection and enforcement order will be enforced by other enforcement action available under this Act".

25 Enforcement action on default, cancellation or removal if payment is not complete


(a) in subsection (1), after "or court fine" insert "or registered collection and enforcement order";

(b) in subsection (1)(a), after "a fine" insert "or registered collection and enforcement order";

(c) in subsection (2)—

(i) after "the fine" insert "or the registered collection and enforcement order";

(ii) after "that fine" insert "or registered collection and enforcement order".

26 When can an attachment of earnings direction be made?


(a) in paragraph (b), for "fines." substitute "fines; or";



33

(b) after paragraph (b) insert—

"(c) one registered collection and enforcement order; or

(d) multiple registered collection and enforcement orders.".

27 Allocation of money under attachment of earnings direction

(1) In section 76(1) of the Fines Reform Act 2014, after "oldest fine" insert "or registered collection and enforcement order".

(2) In section 76(2)(b) of the Fines Reform Act 2014, after "the fine" insert "or the registered collection and enforcement order".

(3) In section 76(3)(b) of the Fines Reform Act 2014—

(a) after "outstanding registered fines" insert "or registered collection and enforcement orders";

(b) after "those registered fines" insert "or registered collection and enforcement orders".

28 When can an attachment of debts direction be made?








34

29 Allocation of money under attachment of debts direction

(1) In section 86(1) of the Fines Reform Act 2014, after "fine" insert "or registered collection and enforcement order".

(2) In section 86(2)(b) of the Fines Reform Act 2014, after "fine" insert "or any registered collection and enforcement order".


(a) after "other outstanding fines" insert "or registered collection and enforcement orders";

(b) after "those outstanding fines" insert "or registered collection and enforcement orders".

30 Application


"(1) This Part applies if a notice of final demand has been issued for—

(a) an infringement offence, whether or not the infringement offence involves a vehicle; or

(b) an offence for which a court fine was imposed, whether or not the offence involves a vehicle; or

(c) an infringement offence or an offence in respect of which a registered collection and enforcement order was made, whether or not the infringement offence or the offence involves a vehicle.

Note



35

See section 24(1).".

(2) In section 88(4) of the Fines Reform Act 2014, after "registered fines" insert "or registered collection and enforcement orders".

31 Director may serve notice of intention to charge land

In section 95(2) of the Fines Reform Act 2014 insert—





32 Issue of enforcement warrant

After section 106(2)(a)(i) of the Fines Reform Act 2014 insert—

"(ia) defaulting in the payment of a registered collection and enforcement order specified in the notice; or".

33 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit

(1) After section 110(1)(a) of the Fines Reform Act 2014 insert—

"(ab) in respect of any registered collection and enforcement order made in respect of an outstanding registered infringement fine if the fine defaulter refuses to enter into an undertaking of bail, to take and safely convey the fine defaulter named in the



36

enforcement warrant to a prison or a police gaol and there to deliver the fine defaulter to the officer in charge of the prison or police gaol for the purposes of being dealt with under Part 14; or".

(2) In section 110(1)(b)(ii) of the Fines Reform Act 2014, for "the enforcement warrant." substitute "the enforcement warrant; or".

(3) After section 110(1)(b) of the Fines Reform Act 2014 insert—

"(c) in respect of any outstanding registered court fine under a registered collection and enforcement order—

(i) to be brought before the sentencing court that imposed the relevant registered court fine on the person within 24 hours of being arrested to be dealt with under Part 3B of the Sentencing Act 1991; or

(ii) if it is not practicable to bring the fine defaulter before the sentencing court within 24 hours after being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant.".

(4) In section 110(2) of the Fines Reform Act 2014, for ", when arrested, is not dealt with under subsection (1)(a)(i) or (ii)," substitute "or a registered collection and enforcement order, when arrested, is not dealt with under subsection (1)(a)(i) or (ii), (ab) or (c),".

34 Warning of execution of enforcement warrant—seven-day notice

After section 119(3)(a) of the Fines Reform Act 2014 insert—



37

"(ab) has paid the registered collection and enforcement order; or".

35 Executing enforcement warrant after expiry of seven-day notice

In section 121(1)(b) of the Fines Reform Act 2014, after "part of the registered fine" insert "or the registered collection and enforcement order or any part of the registered collection and enforcement order".

36 Reduction of imprisonment by payment of portion of registered fine

(1) In the heading to section 122 of the Fines Reform Act 2014, after "registered fine" insert "or registered collection and enforcement order".


"(1) If, before the issue of an enforcement warrant, it appears to the registrar that part of the registered fine or registered collection and enforcement order has been paid, the amounts specified in the enforcement warrant must be reduced by the amount of the registered fine or registered collection and enforcement order paid.".

37 Part 14 heading substituted

For the heading to Part 14 of the Fines Reform Act 2014 substitute—

"Part 14—Registered infringement fines, registered collection and



38

enforcement orders, imprisonment and time served orders".

38 Division 1 heading amended

In the heading to Division 1 of Part 14 of the Fines Reform Act 2014, for "Infringement offender" substitute "Person in default".



"163 Definitions

In this Part—

person in default means a natural person—

(a) who is an infringement offender that—

(i) does not consent to a community work permit; or

(ii) is not eligible, in accordance with section 150(3), to perform unpaid community work under a community work permit; or

(iii) is not issued with a community work permit within 24 hours after being arrested; or

(iv) is issued with a community work permit and—

(A) fails to comply with the permit or a condition of the permit; or



39

(B) fails to comply with any prescribed requirement; or

(C) the permit is cancelled by the Magistrates' Court under section 159; or

(v) is delivered to the officer in charge of a prison or police gaol; or

(b) who is a fine defaulter against whom an enforcement warrant is executed and under that enforcement warrant there is a registered collection and enforcement order made in respect of a registered infringement fine;

relevant infringement fine means—

(a) a registered infringement fine; or

(b) a registered collection and enforcement order made in respect of an outstanding registered infringement fine.".

40 Infringement offender to be brought before the Magistrates' Court

(1) In the heading to section 164 of the Fines Reform Act 2014, for "Infringement offender" substitute "Person in default".

(2) In section 164(1) of the Fines Reform Act 2014, for "An infringement offender" substitute "A person in default".

(3) In section 164(2) of the Fines Reform Act 2014—



40

(a) for "bring an infringement offender" substitute "bring a person in default";

(b) in paragraph (a), for "infringement offender" substitute "person in default";

(c) in paragraph (b), for "infringement offender" substitute "person in default".



"(4) This section ceases to apply if under the enforcement warrant there are no—

(a) outstanding registered infringement fines; or

(b) registered collection and enforcement orders made in respect of outstanding registered infringement fines.".

41 Powers of the Magistrates' Court

(1) In section 165(1) of the Fines Reform Act 2014, for "an infringement offender being brought before the Court in respect of any outstanding registered" substitute "a person in default being brought before the Court in respect of any relevant".


(a) in paragraph (a), for "registered" substitute "relevant";

(b) in paragraph (b), for "registered" substitute "relevant";

(c) in paragraph (c)—

(i) for "registered" substitute "relevant";



41

(ii) for "infringement offender" substitute "person in default".


(a) in paragraph (a), for "an infringement offender" substitute "a person in default";

(b) in paragraph (b), for "an infringement offender" substitute "a person in default";

(c) in paragraph (c), for "an infringement offender's" substitute "a person in default's".

(4) In section 165(3)(e) of the Fines Reform Act 2014, for "infringement offender" substitute "person in default".

(5) In section 165(4) of the Fines Reform Act 2014, for "infringement offender" (where twice occurring) substitute "person in default".

(6) In section 165(4)(a) of the Fines Reform Act 2014, for "registered" substitute "relevant".

42 Additional powers of the Magistrates' Court

(1) In section 165A(1) of the Fines Reform Act 2014, for "registered" (where twice occurring) substitute "relevant".

(2) In section 165A(2) of the Fines Reform Act 2014, for "registered infringement fine" (where twice occurring) substitute "relevant infringement fine".

(3) For section 165A(3) of the Fines Reform Act 2014 substitute—

"(3) If the Magistrates' Court makes an order under section 165(1)(b) or subsection (1) and the person in default contravenes the order by failing to pay the undischarged



42

amount of the relevant infringement fine in accordance with the order, the Court may issue a warrant to arrest the person in default under section 61 of the Magistrates' Court Act 1989.".

(4) In section 165A(4) of the Fines Reform Act 2014, for "an infringement offender" substitute "a person in default".

(5) In section 165A(4)(b) of the Fines Reform Act 2014, for "infringement offender" (where twice occurring) substitute "person in default".

(6) In section 165A(5) of the Fines Reform Act 2014—

(a) for "an infringement offender" substitute "a person in default";

(b) for "the infringement offender" substitute "the person in default".

43 Term of imprisonment

In section 165B of the Fines Reform Act 2014, for "in default of payment of an amount of the registered" substitute "who is in default of payment of an amount of the relevant".

44 Variation of instalment order


(2) In section 166(2) of the Fines Reform Act 2014, for "infringement offender" (wherever occurring) substitute "person in default".

45 Application for rehearing in certain circumstances

(1) In section 167(1) of the Fines Reform Act 2014, for "infringement offender" substitute "person in default".



43

(2) In section 167(3) of the Fines Reform Act 2014, for "infringement offender" (wherever occurring) substitute "person in default".


(a) for "an infringement offender" substitute "a person in default";

(b) for "the infringement offender" (where twice occurring) substitute "the person in default".

46 Determination of rehearing


(a) in subsection (1)(b), for "infringement offender" substitute "person in default";

(b) in subsection (2)(a), for "infringement offender" substitute "person in default";

(c) in subsection (2)(b), for "infringement offender" (wherever occurring) substitute "person in default".

47 Application for bail pending rehearing


(a) in subsection (1), for "An infringement offender" substitute "A person in default";

(b) in subsection (2), for "infringement offender" substitute "person in default".

48 Infringement offender in custody


"170 Order to imprison person in default stayed

If a person in default who is in custody makes an application under section 167 and is granted bail, the order made under



44

section 165(3)(e) to imprison the person in default is stayed until the rehearing is determined.".

49 Reduction of imprisonment by payment of part of registered infringement fine

(1) In the heading to section 171 of the Fines Reform Act 2014, for "registered" substitute "relevant".

(2) In section 171(1) of the Fines Reform Act 2014, for "an infringement offender" substitute "a person in default".


(a) in paragraph (a), for "registered infringement fine" substitute "relevant infringement fine";

(b) in paragraph (a), for "infringement offender" (where twice occurring) substitute "person in default".


(a) for "An infringement offender" substitute "A person in default";

(b) for "the infringement offender" substitute "the person in default";

(c) for "registered infringement" (wherever occurring) substitute "relevant infringement".


(a) for "registered infringement" substitute "relevant infringement";

(b) for "infringement offender" (wherever occurring) substitute "person in default".

50 Heading to Division 2 of Part 14 amended



45

In the heading to Division 2 of Part 14 of the Fines Reform Act 2014, for "registered" substitute "relevant".

51 Application of the Director on behalf of person in custody

In section 171A of the Fines Reform Act 2014, for "registered infringement" (wherever occurring) substitute "relevant infringement".

52 Time served orders

(1) In section 171B(1) of the Fines Reform Act 2014, for "registered infringement" (where twice occurring) substitute "relevant infringement".

(2) In section 171B(4) of the Fines Reform Act 2014, for "registered infringement" substitute "relevant infringement".

53 Orders of Magistrates' Court for any registered infringement fine or any remaining amount

(1) In the heading to section 171C of the Fines Reform Act 2014, for "registered" substitute "relevant".

(2) In section 171C(2) of the Fines Reform Act 2014, for "registered infringement" (wherever occurring) substitute "relevant infringement".

(3) In section 171C(5)(a) of the Fines Reform Act 2014, for "registered infringement" substitute "relevant infringement".

54 Additional powers of the Magistrates' Court

In section 171D of the Fines Reform Act 2014—

(a) in subsection (1), for "registered infringement" (where twice occurring) substitute "relevant infringement";



46

(b) in subsection (2), for "registered infringement" (where twice occurring) substitute "relevant infringement";

(c) in subsection (3), for "registered infringement" substitute "relevant infringement".

55 Term of imprisonment including whether cumulative or concurrent

In section 171E(1) of the Fines Reform Act 2014, for "in default of payment of an amount of the registered" substitute "who is in default of payment of an amount of the relevant".

56 Enforcement and payment report

(1) For section 172(1)(a) to (d) of the Fines Reform Act 2014 substitute—

"(a) in accordance with section 15D a collection order is referred to a court on a person being in default; or

(b) in accordance with section 21(1)(c) a person is charged with an offence following the determination not to enforce the registered infringement fine; or

(c) in accordance with section 38(1)(a)(iii) a person is charged with an offence on the withdrawal of the infringement notice; or

(d) a person in default is granted bail on being arrested to be dealt with in accordance with Division 1 of this Part; or

(e) a fine defaulter is granted bail on being arrested to be dealt with in accordance with Part 3B of the Sentencing Act 1991; orNote

See section 69FA of the Sentencing Act 1991 for the powers of the court after a fine defaulter who is



47

the subject of registered court fines or registered collection and enforcement orders made in respect of registered court fines is arrested and brought before the court.

(f) a person is the subject of an application to the Magistrates' Court by the Director under section 171A(2).".

(2) For section 172(2)(a) and (b) of the Fines Reform Act 2014 substitute—

"(a) establish the action undertaken by the Director or the sheriff against the infringement offender or the fine defaulter or the person (as the case requires) to satisfy—

(i) any registered fine; or

(ii) any collection order; or

(iii) any registered collection and enforcement order; and

(b) establish any payment made by the infringement offender or the fine defaulter or the person (as the case requires) to satisfy—

(i) any registered fine; or

(ii) any collection order; or

(iii) any registered collection and enforcement order.".

57 New sections 69FA and 69FB inserted

In section 309 of the Fines Reform Act 2014 in proposed section 69FA(b) of the Sentencing Act 1991, for "under section 15" substitute "under section 15 or 15E".



48

Part 4—Amendment of Fines ReformAct 2014—enforcement warrants and bail

58 Issue of enforcement warrant

In section 106(4) of the Fines Reform Act 2014, for "must be" substitute "may be".

59 Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit


(a) in paragraph (b)(i), for "within 24 hours of" substitute "immediately after";

(b) in paragraph (b)(ii), for "within 24 hours after being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant" substitute "immediately after being arrested, to be dealt with in accordance with the Bail Act 1977";

(c) in paragraph (c)(i), for "within 24 hours of" substitute "immediately after";

(d) in paragraph (c)(ii), for "within 24 hours after being arrested, to be released on bail in accordance with the endorsement on the enforcement warrant" substitute "immediately after being arrested, to be dealt with in accordance with the Bail Act 1977";


(a) in paragraph (a), for "within 24 hours of" substitute "immediately after";

(b) in paragraph (b), for "within 24 hours of being arrested, to be released on bail in



49

accordance with the endorsement on the enforcement warrant" substitute "immediately after being arrested, to be dealt with in accordance with the Bail Act 1977".

60 Execution of enforcement warrant—contravention of community work permit


(a) in paragraph (a), for "within 24 hours of" substitute "immediately after";

(b) in paragraph (b), for "within 24 hours of" substitute "immediately after";

(c) for paragraph (b)(i) substitute—

"(i) to be dealt with in accordance with the Bail Act 1977; or".

61 Bail Act 1977 applies to person arrested

In section 113 of the Fines Reform Act 2014, for "section 10" substitute "section 10 or 10A".



50

Part 5—Amendment of Fines ReformAct 2014—administrative services

agreements62 New Part 14A inserted

After Part 14 of the Fines Reform Act 2014 insert—

"Part 14A—Administrative services agreements

Division 1—Definitions173A Definitions

In this Part—

administrative services agreement means an agreement entered into under section 173B(1);

contractor means a party to an administrative services agreement with the Ministers;

Ministers means the Attorney-General and the Minister administering Parts 2 and 3 of the Victoria Police Act 2013;

sub-contractor means a sub-contractor of a contractor or of a sub-contractor.

Division 2—Agreements173B Ministers may enter into administrative

services agreements

(1) The Ministers, for and on behalf of the Crown, may enter into an agreement with a person or body for the provision by that person or body of services of an



51

administrative nature in support of the functions of—

(a) the Director; or

(b) the sheriff; or

(c) Victoria Police as carried on in the office known as the Traffic Camera Office; or

(d) Victoria Police under Part 4 of the Melbourne City Link Act 1995 that are of a similar nature to the functions of Victoria Police referred to in paragraph (c); or

(e) Victoria Police under Part 9 of the EastLink Project Act 2004 that are of a similar nature to the functions of Victoria Police referred to in paragraph (c).

(2) Nothing in this section limits, or takes away from, any other power of the Ministers, whether under this or any other Act or otherwise, to enter into agreements for the provision of services of an administrative nature in support of any functions for which the Ministers are responsible.

173C Subject matter of administrative services agreement

An administrative services agreement—

(a) must provide for the services to be provided by the contractor; and

(b) must provide for the fees, costs and charges to be paid to the contractor; and



52

(c) must provide for objectives and performance standards in relation to the contractor's operations under the administrative services agreement; and

(d) must provide for standards of probity applicable to persons employed by, or engaged to provide services for, the contractor in connection with the contractor's operations under the administrative services agreement; and

(e) must provide for compliance by the contractor with all relevant provisions of any Act, regulations or other instrument of a legislative character; and

(f) must provide for rights of access in favour of the Crown to any premises occupied by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement and to any document or equipment on those premises that is in the possession of the contractor or a sub-contractor and that relates to, or is used in connection with, the contractor's operations under the administrative services agreement; and

(g) must provide for the submission to the Ministers of periodic reports, or the periodic carrying out of a performance audit, in relation to the contractor's operations under the administrative services agreement; and

(h) must provide for the protection of information gained by the contractor in connection with the contractor's operations under the administrative



53

services agreement and impose restrictions on access to the information and on its disclosure and use; and

(i) must provide for the protection of any information management systems, information technology systems or other tools used by the contractor to provide services under the administrative services agreement; and

(j) may provide for the extent of indemnities and warranties by parties to the administrative services agreement; and

(k) may specify liabilities, risks and insurances; and

(l) may provide for the provision by the contractor of a performance bond; and

(m) must provide for the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of services under the administrative services agreement; and

(n) must provide for the Ministers, the Crown or any other person or body to take over, or nominate any other person or body to take over, in specified circumstances rights or obligations under the administrative services agreement or any other administrative services agreement or under any transaction; and



54

(o) may contain any other provisions that are not inconsistent with this Act, the regulations, the Infringements Act 2006 or any regulations under that Act.

173D Rights of access

(1) For the purpose of ensuring compliance with this Part or the regulations or an administrative services agreement, a contractor or sub-contractor must give the Ministers, the Secretary and any person authorised by the Ministers or the Secretary free and unfettered access at all times, together with any assistants and equipment that the Ministers or the Secretary consider necessary—

(a) to any premises occupied by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and

(b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and

(c) to all documents or equipment in the possession of the contractor or a sub-contractor that relate to, or are used in connection with, the contractor's operations under the administrative services agreement.

Penalty: 50 penalty units.



55

(2) For the purpose of enabling an administrator appointed under section 173E to carry out the administrator's functions and exercise the administrator's powers under that section, a contractor or sub-contractor must give the administrator free and unfettered access at all times, together with any assistants and equipment that the administrator considers necessary—

(a) to any premises occupied by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and

(b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the administrative services agreement; and

(c) to all documents or equipment in the possession of the contractor or a sub-contractor that relate to, or are used in connection with, the contractor's operations under the administrative services agreement.


(3) Nothing in this section limits, or takes away from, any function or power conferred on a person (including a person on whom a function or power is conferred by this section other than a contractor or sub-contractor), whether under this Act or any other Act or otherwise, including an administrative services agreement.



56

173E Right of intervention in management

(1) The Ministers may intervene in the management of the contractor's operations under an administrative services agreement if the Ministers determine that—

(a) a default has occurred that entitles the Crown to terminate the administrative services agreement; or

(b) an emergency situation exists that requires the intervention in the interests of public safety; or

(c) the contractor's operations under the administrative services agreement are preventing or impairing the efficient—

(i) detection of infringements; or

(ii) referral of court fines or enforcement hearing orders; or

(iii) registration of registered fines or collection and enforcement orders; or

(iv) enforcement of penalties, registered fines, collection and enforcement orders or enforcement warrants; or

(v) functioning of any court.

(2) If the Ministers intervene in the management of the contractor's operations under an administrative services agreement, the Ministers may appoint an administrator to manage those operations until the Ministers determine that—

(a) the emergency is over; or



57

(b) the contractor is able to manage the contractor's operations under the administrative services agreement to the satisfaction of the Ministers.

(3) If an administrator is appointed under subsection (2), for the period of that appointment—

(a) the contractor or a sub-contractor must act in relation to the management of the contractor's operations under the administrative services agreement in accordance with the directions of the administrator; or

(b) the contractor or a sub-contractor must, as directed by the administrator, cease to act in relation to the management of the contractor's operations under the administrative services agreement completely or to the extent specified in the direction.


(4) A person engaged or employed by a contractor or sub-contractor to act in relation to the management of the contractor's operations under an administrative services agreement must comply with the directions of the administrator in doing so.


(5) An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor in relation to the management of the contractor's operations under the administrative services agreement.



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(6) The Secretary must provide the administrator with any assistance necessary to the carrying out of the administrator's functions or exercise of the administrator's powers under this section.

(7) Nothing in this section limits, or takes away from, any function or power conferred on a person (including a person on whom a function or power is conferred by this section other than a contractor or sub-contractor), whether under this Act or any other Act or otherwise, including an administrative services agreement.

173F Audit rights

(1) The Ministers may appoint a person as an independent auditor to audit the documents of the contractor that relate to the contractor's operations under the administrative services agreement.

(2) The Ministers may make an appointment under subsection (1) at any time during the term, or the 7 year period immediately following the expiration, of an administrative services agreement or any renewal of an administrative services agreement.

(3) A contractor or sub-contractor must—

(a) make all documents in its actual possession relating to the contractor's operations under the administrative services agreement available to an independent auditor appointed under subsection (1) at the time and place specified by that auditor; and



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(b) provide an independent auditor appointed under subsection (1) with any assistance necessary to enable the audit to be undertaken.


173G Status of documents

(1) For the purposes of the Freedom of Information Act 1982, the Department of Justice and Regulation remains or is in the possession of the following documents and that Act applies to the same extent to which it would if the administrative services agreement had never been entered into—

(a) any document in existence immediately before an administrative services agreement was entered into and handed over to the contractor in accordance with the administrative services agreement;

(b) any document created or received by the contractor or a sub-contractor after an administrative services agreement was entered into as a result of the contractor's operations under the administrative services agreement.

(2) All proprietary rights and interests in any document referred to in subsection (1) remain with, or on the creation or receipt of the document by the contractor or sub-contractor become vested in, the Crown.

(3) All documents referred to in subsection (1) are public records within the meaning of the Public Records Act 1973.



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173H Unauthorised access to or interference with data

(1) A person must not intentionally and without lawful authority—

(a) obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an administrative services agreement or was gained in the course of those operations; or

(b) alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or

(c) interfere, or attempt to interfere, in any other way with a database containing any such data.


(2) The Secretary, in writing, may authorise a person engaged or employed by a contactor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1).

(3) For the purposes of subsection (1), a person is taken as having lawful authority to do a thing referred to in that subsection if the person does that thing in the exercise of official powers or the discharge of official functions or duties—



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(a) in the case of a person engaged or employed by a contractor or sub-contractor or any other person, the person is authorised to do that thing under subsection (2); and

(b) in the case of a person who is—

(i) the Director; or

(ii) the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the Supreme Court Act 1986; or

(iii) a police officer.

173I Confidentiality

(1) A person is bound by this section if the person is, or has at any time been—

(a) a contractor; or

(b) a sub-contractor; or

(c) a person employed by, or engaged to provide services for, a contractor or sub-contractor; or

(d) authorised by the Secretary under section 173H(2).

(2) A person bound by this section must not directly or indirectly, except in the exercise of powers or performance of functions in connection with a contractor's operations under an administrative services agreement—

(a) make a record of, or divulge to any person, any information acquired by reason of being a person referred to in subsection (1); or



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(b) make use of any such information for a purpose other than in the exercise of those powers or performance of those functions.


(3) Nothing in subsection (2) prevents a person bound by this section from—

(a) producing a document to a court or a relevant body in the course of any criminal or civil proceeding; or

(b) divulging to a court or a relevant body any information that has come to the notice of the person by reason of being a person referred to in subsection (1).

(4) In this section—

produce includes permit access to;

relevant body includes any tribunal, authority or person having power to require the production of documents or the answering of questions.".

63 New section 201B inserted

After section 201A of the Fines Reform Act 2014 insert—

"201B Administrative services agreements entered into under Part 6A of the Magistrates' Court Act 1989

On and from the commencement of section 125 of the Fines Reform Amendment Act 2017, Part 14A of this Act applies to an agreement entered into under Part 6A of the Magistrates' Court Act 1989 that is in force immediately



63

before that commencement as if that agreement had been entered into under Part 14A.".



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Part 6—Amendment of Fines Reform Act 2014—service requirements

64 Director may serve notice of intention to charge land

(1) For section 95(3)(c) of the Fines Reform Act 2014 substitute—

"(c) in the case of a body corporate, be served by leaving a copy of the notice at the registered office of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age.".


"(4) Subsection (3)(c) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.".

65 Notice of intention to sell charged land

(1) In section 101(2)(b)(i) of the Fines Reform Act 2014, for "on that" substitute "personally on that".

(2) For section 101(2)(b)(ii) of the Fines Reform Act 2014 substitute—

"(ii) in the case of a body corporate, by leaving a copy of the notice at the registered office of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; and".


"(3) Subsection (2)(b)(ii) is in addition to, and not in derogation of, sections 109X and 601CX of the Corporations Act.".



65

66 Service of documents

(1) Section 179(2)(c) of the Fines Reform Act 2014 is repealed.

(2) Section 179(2)(d) of the Fines Reform Act 2014 is repealed.

(3) In section 179(4) of the Fines Reform Act 2014, for "or registered post" substitute ", registered post or electronically".



"181 Service deemed despite document being returned to sender

Despite anything to the contrary in section 179(6), a document served on a person by post and returned undelivered to its sender is taken to be served 7 days after the date specified in the document as the date of that document, despite it being returned to the sender undelivered if the document was posted to—

(a) an authorised address; or

(b) an address given by the person in the 12 months preceding the date specified in the document in respect of a fines application; or

(c) an address given to a court on the referral of a court fine for collection and management by the Director under Division 2 of Part 3; or

(d) an address given to a court on the referral of an enforcement hearing order for collection by the Director under Division 2A of Part 3.".



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Part 7—Amendment of Fines Reform Act 2014—miscellaneous amendments

68 Commencement

In section 2(2) of the Fines Reform Act 2014, for "31 December 2017" substitute "31 May 2018".

69 Definitions

(1) In section 3 of the Fines Reform Act 2014 insert the following definitions—

"authorised address means 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;

collection fee means the fee prescribed under section 23(3);

fines application means an application made by a person—

(a) for an FVS application; or

(b) for internal review under Division 3 of Part 2 of the Infringements Act 2006; or

(c) for a payment plan under Division 2 of Part 3 of the Infringements Act 2006; or

(d) for a work and development permit; or

(e) for enforcement review; or

(f) for a payment arrangement;



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penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;

registration fee means the fee prescribed under—

(a) section 15(2);

(b) section 16(3);

Victoria Police has the same meaning as it has in the Victoria Police Act 2013;".

(2) In section 3 of the Fines Reform Act 2014—

(a) in the definition of enforcement warrant fee, for "prescribed fee that applies on the issue of an enforcement warrant" substitute "fee prescribed under section 107";

(b) in the definition of infringement fine, for "prescribed costs and includes any enforcement warrant fee" substitute "penalty reminder notice fee";

(c) in the definition of registered court fine for "enforcement costs" substitute "collection fee and enforcement warrant fee (if any)";

(d) in the definition of registered infringement fine for "enforcement costs" substitute "collection fee and enforcement warrant fee (if any)".


(a) the definition of bank is repealed;

(b) the definition of enforcement costs is repealed.

70 Powers to waive or reduce costs or fees

(1) In section 9(1) of the Fines Reform Act 2014 omit "enforcement costs or other".



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(2) In section 9(3) of the Fines Reform Act 2014 omit "enforcement costs or other" (where twice occurring).

(3) In section 9(5) of the Fines Reform Act 2014 omit "enforcement costs or other" (where twice occurring).

71 Application for work and development permit

After section 10B(2)(a) of the Fines Reform Act 2014 insert—

"(ab) the eligible person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009; or".

72 Effect of work and development permit

In section 10D(3)(a) of the Fines Reform Act 2014, for "prescribed costs" substitute "penalty reminder notice fee".

73 Registration of court fine for enforcement

(1) In section 15(a) of the Fines Reform Act 2014, for "the fine" substitute "the court fine".

(2) At the end of section 15 of the Fines Reform Act 2014 insert—

"(2) On the registration of the court fine the prescribed fee is payable by the enforcement agency.".

74 Registration of infringement fine with Director

After section 16(2) of the Fines Reform Act 2014 insert—

"(3) On the registration of the infringement fine the prescribed fee is payable by the enforcement agency.".



69

75 Application for enforcement review

After section 32(4)(a) of the Fines Reform Act 2014 insert—

"(ab) a person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009; or".

76 Time to pay, enter payment arrangement or apply for work and development permit if infringement confirmation served


"40 Time to pay or enter payment arrangement if infringement confirmation served

(1) An applicant who is served with an infringement confirmation must—

(a) pay the registered infringement fine; or

(b) apply to pay the registered infringement fine under a payment arrangement; or

(c) be the subject of an application to the Director for a work and development permit.

(2) The applicant must perform an action or be the subject of an application referred to under subsection (1) within 21 days of written notice of the infringement confirmation being served or enforcement action may be taken.".



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77 Person may apply for payment arrangement

For section 42(3)(b) of the Fines Reform Act 2014 substitute—

"(b) in the case of a natural person, after—

(i) the expiry of the seven-day notice in respect of a fine; or

(ii) the person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009.".

78 Payment arrangement has same effect as a full payment—demerit point schemes


(a) for "a registered infringement fine" substitute "an infringement fine";

(b) for "that registered infringement fine" substitute "that infringement fine".

79 Bank account

(1) In the heading to section 79 of the Fines Reform Act 2014, for "Bank" substitute "ADI".


(a) for "a bank" substitute "an ADI";

(b) for "section 78(3)(a)" substitute "section 78(4)(a)".

80 Service and effect of attachment of debts direction

In section 80(1)(c) of the Fines Reform Act 2014—

(a) for "a bank" substitute "an ADI";

(b) for "the bank" substitute "the ADI".



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81 Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter

(1) In the heading to section 82 of the Fines Reform Act 2014, for "bank" substitute "ADI".

(2) In section 82(1)(a) of the Fines Reform Act 2014, for "the bank" substitute "the ADI".


(a) omit ", based on information obtained under Part 6,";

(b) for "the bank" substitute "the ADI".

(4) In section 82(2), (3) and (4) of the Fines Reform Act 2014, for "A bank" substitute "An ADI".

(5) In section 82(4) of the Fines Reform Act 2014, for "the bank" substitute "the ADI".

82 Enforcement fees and certain costs to be included

(1) For the heading to section 107 of the Fines Reform Act 2014 substitute—

"Fees to be included in enforcement warrant".


"(1) On the issue of an enforcement warrant the prescribed fee is payable by the fine defaulter against whom the enforcement warrant is issued.

(1A) Any enforcement warrant fee, penalty reminder notice fee and collection fee payable by the fine defaulter may be included in the amounts specified in the enforcement warrant.".



72

83 Execution of enforcement warrant—contravention of community work permit

In section 111(a) of the Fines Reform Act 2014, for "law; and" substitute "law; or".

84 Imprisonment of person on execution of enforcement warrant

For the heading to section 112 of the Fines Reform Act 2014 substitute—

"Execution of enforcement warrant against imprisoned person".

85 Warning of execution of enforcement warrant—seven-day notice


"(3) A seven-day notice must include a warning that, on the expiry of 7 days or earlier if the person has waived the operation of the unexpired period of another seven-day notice under section 36 of the Sheriff Act 2009, the enforcement warrant may be executed and the fine defaulter arrested or the property of the fine defaulter seized unless the fine defaulter—

(a) has paid the registered fine; or

(b) has applied for an enforcement review; or

(c) has made a payment arrangement; or

(d) is the subject of an application for a work and development permit which has not been determined.".



73

86 Executing enforcement warrant after expiry of seven-day notice

For section 121(2)(e) of the Fines Reform Act 2014 substitute—

"(e) is the subject of an application for a work and development permit which has not been determined; or".

87 Stay of enforcement warrant


"(2) An enforcement warrant stayed under subsection (1) remains enforceable until—

(a) the Director applies for the enforcement warrant to be recalled and cancelled under section 108 following the satisfaction of the amount specified in the enforcement warrant on the—

(i) compliance by the fine defaulter with a payment arrangement, an attachment of earnings direction or an attachment of debts direction; or

(ii) completion by the fine defaulter of a work and development permit; or

(b) the stay ceases following—

(i) default by the fine defaulter under a payment arrangement, an attachment of earnings direction or an attachment of debts direction; or

(ii) cancellation of a work and development permit to which the fine defaulter was subject.".



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88 Director must notify VicRoads of removal of number plates

In section 142 of the Fines Reform Act 2014, for "section 141(b)" substitute "section 141(1)(b)".

89 Recovery of motor vehicle by registered operator within prescribed period

For the heading to section 145 of the Fines Reform Act 2014 substitute—

"Return of number plates to registered operator in specified circumstances".

90 Certain agencies may give information for enforcement purposes

In section 178(4) of the Fines Reform Act 2014, for "a person or body listed in section 90A(1)" substitute "a relevant agency within the meaning of section 69".

91 New section 190A inserted

After section 190 of the Fines Reform Act 2014 insert—

"190A Enforcement orders after revocation proceedings

(1) If, before the repeal of Part 4 of the Infringements Act 2006, a person—

(a) received a notice under section 66(3) or 67(2) of that Act; and

(b) has not applied to an infringement registrar for the application for revocation of an enforcement order to be referred to the Court under section 68(1) of that Act—

the right of the person to make an application under section 68(1) of the Infringements Act 2006 ceases on that repeal.



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(2) If, before the repeal of Part 4 of the Infringements Act 2006, an enforcement agency within the meaning of that Act—

(a) received a notice under section 64(2) or 66(5) of that Act; and

(b) has not made a request to an infringement registrar under section 69(1) of that Act—

the right of the enforcement agency to make a request under section 69(1) of the Infringements Act 2006 ceases to exist on that repeal.

(3) If, before the repeal of Part 4 of the Infringements Act 2006 an infringements registrar has received an application under section 68(1) of the Infringements Act 2006 and has not referred the matter to the Court, the obligation of the infringements registrar incurred under section 68(2) of the Infringements Act 2006 ceases on that repeal.

(4) This section applies despite anything to the contrary in the Interpretation of Legislation Act 1984.".

92 Payment orders under Infringements Act 2006

In section 191(1) of the Fines Reform Act 2014, for "Part 3" substitute "Part 5".

93 Definitions

Section 204(b) of the Fines Reform Act 2014 is repealed.



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94 Persons may elect to have matter heard in Court or Children's Court

In section 211(1) of the Fines Reform Act 2014 in proposed section 16(1) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

95 Enforcement agency can refer matter to Court or Children's Court

In section 212(1) of the Fines Reform Act 2014 in proposed section 17(1)(a) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

96 Withdrawal of infringement notice

In section 213 of the Fines Reform Act 2014 in proposed section 18(1)(a) of the Infringements Act 2006 for "prescribed costs" substitute "penalty reminder notice fee".

97 Application for internal review

In section 215(2) of the Fines Reform Act 2014 in proposed section 22(2)(a)(i)(A) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".


(1) In section 217(3) of the Fines Reform Act 2014 for proposed section 25(3) of the Infringements Act 2006 substitute—

"(3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must—

(a) pay the infringement penalty in accordance with section 26; or



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(b) apply to the enforcement agency for a payment plan; or

(c) apply to the Director for a payment arrangement; or

(d) elect to have the matter of the infringement offence heard and determined in the Court; or

(e) be the subject of an application to the Director for a work and development permit.".

(2) In section 217(3) of the Fines Reform Act 2014 for proposed section 25(5) of the Infringements Act 2006 substitute—

"(5) A person served with a notice under subsection (4) must, within 21 days of receiving the notice—

(a) pay the infringement penalty; or

(b) enter into a payment plan or payment arrangement; or

(c) nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or

(d) apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or

(e) elect to have the matter of an infringement offence heard and determined in the Court or the Children's Court (as the case requires); or

(f) be the subject of an application to the Director for a work and development permit.".



78


'(4) After section 25(6) of the Infringements Act 2006 insert—

"(7) A person served with a notice under subsection (6) must, within 14 days of receiving the notice—

(a) pay the infringement penalty; or

(b) apply to the enforcement agency for a payment plan; or

(c) apply to the Director for a payment arrangement; or

(d) elect to have the matter of the infringement offence heard and determined in the Court; or

(e) be the subject of an application to the Director for a work and development permit.".'.

99 Payment plans available in certain circumstances

(1) In section 230(1) of the Fines Reform Act 2014, in proposed section 46(1A) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

(2) In section 230(8) of the Fines Reform Act 2014, in proposed section 46(7) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

100 Payment plans—additions, removals and cancellations

In section 233 of the Fines Reform Act 2014, in proposed section 49(3) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".



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101 Allocation of money received under payment plan

In section 235(4) of the Fines Reform Act 2014, in proposed section 50(3)(a) of the Infringements Act 2006—

(a) for "prescribed costs" (where first occurring) substitute "penalty reminder notice fee";

(b) for "prescribed costs" (where second occurring) substitute "that outstanding penalty reminder notice fee".

102 New Division 3 inserted into Part 16

In section 247 of the Fines Reform Act 2014, in proposed section 214(3)(a) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

103 Where impracticable to bring person arrested before court

After section 250(1) of the Fines Reform Act 2014 insert—

'(1A) In section 10(1B) of the Bail Act 1977, for "section 84(5) of the Infringements Act 2006" substitute "section 115(5) of the Fines Reform Act 2014".'.

104 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

(1) In section 262(3)(b) of the Fines Reform Act 2014, in proposed section 219A(5)(c) of the EastLink Project Act 2004, for "prescribed costs" (where twice occurring) substitute "penalty reminder notice fee".

(2) In section 262(7) of the Fines Reform Act 2014, in proposed section 219A(9) of the EastLink Project Act 2004 omit "or the Fines Reform Act 2014".



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(3) In section 262(7) of the Fines Reform Act 2014, in proposed section 219A(9) of the EastLink Project Act 2004 for "that Act" (wherever occurring) substitute "the Fines Reform Act 2014".

105 Sections 277, 278 and 279 repealed

Sections 277, 278 and 279 of the Fines Reform Act 2014 are repealed.

106 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

(1) In section 285(6) of the Fines Reform Act 2014, in proposed section 87A(10) of the Melbourne City Link Act 1995 omit "or the Fines Reform Act 2014".

(2) In section 285(6) of the Fines Reform Act 2014, in proposed section 87A(10) of the Melbourne City Link Act 1995 for "that Act" (wherever occurring) substitute "the Fines Reform Act 2014".

107 Extension of time if no actual notice for certain traffic infringements

(1) In section 300(6) of the Fines Reform Act 2014, in proposed section 67(10) of the Road Safety Act 1986 omit "or the Fines Reform Act 2014".

(2) In section 300(6) of the Fines Reform Act 2014, in proposed section 67(10)(a) of the Road Safety Act 1986 for "of that Act" substitute "of the Fines Reform Act 2014".

(3) In section 300(6) of the Fines Reform Act 2014, in proposed section 67(10)(b) of the Road Safety Act 1986 for "that Act" (wherever occurring) substitute "the Fines Reform Act 2014".



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Part 8—Miscellaneous amendments of other Acts

Division 1—Bail Amendment (Stage One) Act 2017108 Section 23 repealed

Section 23 of the Bail Amendment (Stage One) Act 2017 is repealed.

Division 2—Amendment of Children, Youth and Families Act 2005

109 Schedule 3 amended

(1) In clause 2 of Part 1 of Schedule 3 to the Children, Youth and Families Act 2005 the definitions of infringement notice and prescribed costs are repealed.

(2) In clause 2 of Part 1 of Schedule 3 to the Children, Youth and Families Act 2005 insert the following definitions—

"infringement notice has the same meaning as it has in the Infringements Act 2006;

infringement offence has the same meaning as it has in the Infringements Act 2006;

penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;".

(3) In clause 3(2)(d) and (f) of Part 2 of Schedule 3 to the Children, Youth and Families Act 2005, for "prescribed costs" substitute "penalty reminder notice fee".

(4) In clause 4(1) of Part 2 of Schedule 3 to the Children, Youth and Families Act 2005, for "prescribed costs" substitute "penalty reminder notice fee".



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(5) In clause 4A(1) of Part 2 of Schedule 3 to the Children, Youth and Families Act 2005, for "prescribed costs" substitute "penalty reminder notice fee".

(6) In clause 16(3)(a) of Part 3 of Schedule 3 to the Children, Youth and Families Act 2005—

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

(b) for "and costs" substitute "and fee".

(7) In clause 16(3)(b), (c) and (d) of Part 3 of Schedule 3 to the Children, Youth and Families Act 2005, for "prescribed costs" substitute "penalty reminder notice fee".

Division 3—Amendment of Infringements Act 2006110 Definitions

(1) In section 3(1) of the Infringements Act 2006, the definition of prescribed costs is repealed.

(2) In section 3(1) of the Infringements Act 2006 insert the following definition—

"penalty reminder notice fee means the prescribed fee that applies on the serving of a penalty reminder notice;".

111 Enforcement agency guidelines and policies

In section 9 of the Infringements Act 2006, for "other than a prescribed enforcement agency" substitute "unless the enforcement agency is a prescribed agency".

112 Withdrawal of infringement notice

(1) In section 18(3) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".



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(2) In section 18(4)(a) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

(3) In section 18 of the Infringements Act 2006—

(a) in subsection (5), for "prescribed costs" substitute "penalty reminder notice fee";

(b) in subsection (5)(a), for "costs" substitute "fee";

(c) in subsection (5)(b), for "costs" substitute "fee".

113 Application for internal review

For section 22(1)(b) of the Infringements Act 2006 substitute—

"(b) that special circumstances apply to the person, unless—

(i) the special circumstance referred to in the application is family violence; and

(ii) the person has made an FVS application; or".


In section 25(1)(f) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fees".

115 Time to pay if decision confirmed





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116 Penalty reminder notices

(1) In section 29(2)(b) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".


117 Expiating the offence


(2) In section 32(1A)(a) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".


118 Extension of time for commencement of proceedings if work and development permit cancelled

In section 41A(1)(c) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

119 Payment plans available in certain circumstances


(2) In section 46(1A) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".

(3) In section 46(5)(b) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fee".



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120 Payment plans


(2) In section 47(1)(b) of the Infringements Act 2006, for "prescribed costs" substitute "penalty reminder notice fees".


121 Payment plans—additions, removals and cancellations




(4) In section 49(4) of the Infringements Act 2006, for "prescribed costs" (wherever occurring) substitute "penalty reminder notice fee".

(5) In section 49(5) of the Infringements Act 2006, for "prescribed costs" (where twice occurring) substitute "penalty reminder notice fee".

122 Allocation of money received under payment plan

(1) In section 50(1) of the Infringements Act 2006, for "prescribed costs" (where twice occurring) substitute "penalty reminder notice fee".



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(2) In section 50(3)(a) of the Infringements Act 2006—

(a) for "prescribed costs" (where first occurring) substitute "penalty reminder notice fee";

(b) for "prescribed costs" (where second occurring) substitute "that outstanding penalty reminder notice fee".

123 Payment plans may extend period for commencing proceedings for offence

In section 53(1)(b) of the Infringements Act 2006, for "prescribed costs" (where twice occurring) substitute "penalty reminder notice fee".

124 Service deemed despite document being returned to sender

In section 163A(2) of the Infringements Act 2006, for "a lodgeable" substitute "an".

Division 4—Amendment of Magistrates' Court Act 1989

125 Repeal of Part 6A

Part 6A of the Magistrates' Court Act 1989 is repealed.

Division 5—Amendment of Road Safety Act 1986126 Use of effective statement to avoid liability

After section 84BE(1)(a) of the Road Safety Act 1986 insert—

"(ab) the Director, Fines Victoria suspends enforcement action against a person under section 10V of the Fines Reform Act 2014 for a period that is longer than the period prescribed under this section for making a known user statement and the person, or an



87

authorised tolling person, gives to an enforcement official a known user statement during that longer period; and".

Division 6—Amendment of Sentencing Act 1991127 Definitions

In section 3(1) of the Sentencing Act 1991 for the definition of fine conversion order substitute—

"fine conversion order means an order made under section 64 or any order made under that provision as varied under section 67;".

128 Fine conversion order

Section 64(3) of the Sentencing Act 1991 is repealed.

129 Order of court if material change in circumstances of offender

In section 69G(2)(b) and (c) of the Sentencing Act 1991, for "discharge up to two thirds of" substitute "discharge in part".

130 Other orders of court

After section 69H(2)(c) of the Sentencing Act 1991 insert—

"(ca) order that the amount of the fine then unpaid be paid by instalments; or

(cb) order that the offender be allowed time to pay the amount of the fine then unpaid; or".

131 Provisions applying to a superannuation order

In section 83H of the Sentencing Act 1991 omit "66,".



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132 New section 163 inserted

At the end of Part 12 of the Sentencing Act 1991 insert—

"163 Transitional—Fines Reform Amendment Act 2017

The amendments to sections 69G and 69H made by the Fines Reform Amendment Act 2017 apply to the making of an order in respect of an offender on or after the commencement of sections 129 and 130 of that Act irrespective of when the offence was committed or the finding of guilt was made.".

Division 7—Amendment of Sheriff Act 2009133 Power to temporarily restrain person hindering

execution of warrant

(1) In the heading to section 16 of the Sheriff Act 2009, for "warrant" substitute "warrant or exercising of power under Fines Reform Act 2014".

(2) For section 16(1) of the Sheriff Act 2009 substitute—

"(1) The sheriff may restrain a person who is hindering—

(a) the execution of a warrant; or

(b) the exercise of a power under section 127, 128, 129, 130, 140 or 141 of the Fines Reform Act 2014.".



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134 Power to direct a person to do something

For section 31(1) of the Sheriff Act 2009 substitute—

"(1) For the purpose of executing a warrant or other process or exercising a power under section 127, 128, 129, 130, 140 or 141 of the Fines Reform Act 2014, the sheriff may direct either of the following to do something—

(a) the person named or described in the warrant or other process;

(b) the registered operator of a motor vehicle against whom an enforcement warrant has been issued or the driver of that motor vehicle;

(c) a person the sheriff considers is resisting or hindering the execution of a warrant or other process or the exercise of a power under section 127, 128, 129, 130, 140 or 141 of the Fines Reform Act 2014.".

135 Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee

For section 47 of the Sheriff Act 2009 substitute—

"47 Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee

A person must not resist the sheriff, the deputy sheriff, a sheriff's officer or an appropriately trained justice employee in—

(a) the execution of a warrant or other process; or



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(b) the exercise of a power under section 127, 128, 129, 130, 140 or 141 of the Fines Reform Act 2014.

Penalty: 6 months imprisonment.".



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Part 9—Repeal of amending Act136 Repeal of amending Act

This Act is repealed on 3 December 2019.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1)of the Interpretation of Legislation Act 1984).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 20 September 2017

Legislative Council: 2 November 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Fines Reform Act 2014, the Bail Amendment (Stage One) Act 2017, the Children, Youth and Families Act 2005, the Infringements Act 2006, the Magistrates' Court Act 1989, the Road Safety Act 1986, the Sentencing Act 1991 and the Sheriff Act 2009 and for other purposes."

Documents

Fines Reform Amendment Act 2017 - legislation.vic.gov.auFILE/17-059a.docx · Web viewOCPC Victoria, Word 2007, ... Fines Reform Amendment Act 2017. ... including the potential impact