Version No. 013
Infringements (General) Regulations 2006
S.R. No. 76/2006
Version incorporating amendments as at 3 February 2009
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
Part 2—Defined Terms for the Purposes of
theAct
6Enforcement agencies
7Criteria for determining homelessness
8Specified agencies
Part 3—Fees, Costs and Charges
9Prescribed costs
10Warrant issue fee
11Exemption from fees, costs and charges
Part 4—Lodgeable Infringement Offences
12Lodgeable infringement offences prescribed
Part 5—Going to Court
13Information to be lodged with the Court
Part 6—Lodging Infringement Penalties and Enforcement Orders
14Prescribed minimum lodgeable infringement penalty amount
15Enforcement order notice
16Prescribed information when matter referred to Court
Part 7—Infringement Warrants
17Electronic infringement warrant
18Seven-day notice—prescribed details
19Prescribed persons
20Consent to seizure of personal property
Part 8—Detention, Immobilisation and Sale of Motor vehicles
21Recovery and seizure and sale of detained or immobilised
vehicle
Part 9—Oral Examination
22Statement of financial circumstances
Part 10—Attachment of Earnings Orders and Attachment of Debts Orders
Division 1—Application of Part 10 of the Act
23Application of Part 10
Division 2—Attachment of earnings orders
24Application for attachment of earnings order
25Discharge, variation or suspension of attachment of earnings order
26Cessation of attachment of earnings order
Division 3—Attachment of debts orders
27Application for attachment of debts order
28Variation, discharge or suspension of attachment of debts
order
29Discharge of garnishee
Part 11—Charges Over and Sale of Real
Property
30Prescribed amount for the purposes of Part 11 of the Act
31Notice of intention to sell land
32Service of notice of intention to sell land
Part 12—Community Work Permits
33Regional Manager to keep records
34Lawful instructions and directions
35Matters to be specified in community work permit
36Commencement of community work permit
37Application for variation or cancellation of community work permit
37ACommunity corrections officer prescribed person for purposes
of filing charge
38How fines on community work permit can be paid
39Copies of community work permits to be provided to Regional Manager
40Nature of unpaid community work
41Obligations of infringement offender subject to community
work permit
Part 13—General
42Service
43Expiry
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SCHEDULES
SCHEDULE 1—Enforcement Agencies
SCHEDULE 2—Specified Agencies for the Purposes of Section164
SCHEDULE 3—Lodgeable Infringement Offences
1Casino Control Act 1991
1AAConservation, Forests and Lands Act 1987
1ACrimes Act 1958
1BDomestic (Feral and Nuisance) Animals Act 1994
2Estate Agents Act 1980
3Extractive Industries Development Act 1995
3AFirearms Act 1996
4Fisheries Act 1995
5Gambling Regulation Act 2003
5AGraffiti Prevention Act 2007
6Heritage Act 1995
6AImpounding of Livestock Act 1994
6BIntroduction Agents Act 1997
7Liquor Control Reform Act 1998
8National Parks Act 1975
8APrivate Security Act 2004
9Residential Tenancies Act 1997
9AARoad Management Act 2004
9ARoad Safety Act 1986
10Second-Hand Dealers and Pawnbrokers Act 1989
10AASummary Offences Act 1966
10ATobacco Act 1987
10BTrade Measurement Act 1995
11Transport Act 1983
11ATravel Agents Act 1986
12Water Act 1989
13Water Industry Act 1994
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 013
Infringements (General) Regulations 2006
S.R. No. 76/2006
Version incorporating amendments as at 3 February 2009
1
Infringements (General) Regulations 2006
S.R. No. 76/2006
Part 1—Preliminary
1Objective
The objective of these Regulations is to prescribe—
(a)lodgeable infringement offences for the purposes of the Infringements Act 2006;
(b)fees, costs and charges payable under that Act;
(c)details that must be included in a range of documents relating to the enforcement of infringement penalties under that Act;
(d)procedural matters relating to oral examination, attachment of earnings orders and attachment of debts orders under that Act;
(e)procedural and administrative matters relating to community work permits issued under that Act;
(f)other matters required to be prescribed under that Act.
2Authorising provision
These Regulations are made under section 168 of the Infringements Act 2006.
3Commencement
r. 3
These Regulations come into operation on 1 July 2006.
4Revocation
(1)Regulation 401of the Magistrates' Court General Regulations 2000[1] is revoked.
(2)Parts 10 and 12 of the Magistrates' Court General Regulations 2000 are revoked.
(3)Schedules 6, 7, 9 and 11 to the Magistrates' Court General Regulations 2000 are revoked.
(4)In the table to regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001[2]—
(a)omit the heading "Fees and Costs for enforcement of infringement penalties"; and
(b)the items numbered 15, 16, 17 and 18 arerevoked.
5Definitions
In these Regulations—
the Act means theInfringements Act 2006;
drug of dependence has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981;
Infringements Court has the same meaning as it has in section 3 of the Magistrates' Court Act 1989;
Regional Managermeans Regional Manager appointed under Part 4 of the Corrections Act 1986.
______
Part 2—Defined Terms for the Purposes of theAct
6Enforcement agencies
r. 6
A person or body or class of person or body described or specified in Schedule 1 is a prescribed person or body or class of person or body (as the case requires) for the purposes of paragraph (c) of the definition of enforcement agency in section 3 of the Act.
7Criteria for determining homelessness
For the purposes of paragraph (c) of the definition of special circumstances in section 3 of the Act, the prescribed criteria for determining that a person is homeless is that the person satisfies one or more of the following—
(a)the person is living in crisis accommodation; or
(b)the person is living in transitional accommodation; or
(c)the person is living in any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(d)the person has inadequate access to safe and secure housing as defined in section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth.
8Specified agencies
For the purposes of section 164(1)(b) of the Act, a person or body described or specified in Schedule2 is prescribed as a specified agency.
______
Part 3—Fees, Costs and Charges
9Prescribed costs
r. 9
For the purposes of the definition of prescribed costs in section 3 of the Act, the prescribed costs in respect of an infringement penalty are—
(a)for the purposes of section 29(4) of the Act, when a penalty reminder notice is served in respect of an infringement penalty, 18 fee units; and
(b)for the purposes of section 54(1) of the Act, when details of any outstanding amount of an infringement penalty are lodged in respect of a lodgeable infringement offence, 39 fee units; and
(c)for the purposes of section 59(1) of the Act, when an enforcement order is made, 21 fee units.
10Warrant issue fee
For the purposes of section 81(1) of the Act, the prescribed fee for the issue of an infringement warrant is 44 fee units.
11Exemption from fees, costs and charges
(1)The following persons are exempt from the fees, costs and charges specified in regulation 9—
(a)a police member acting in the course of his or her duty; and
(b)a person acting for or by authority of the Crown.
(2)Despite subregulation (1), any fee, cost or charge which is a prescribed cost that would otherwise be payable under regulation 9, is payable by the person who is liable to pay the infringement penalty to which the prescribed cost relates.
r. 11
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Part 4—Lodgeable Infringement Offences
12Lodgeable infringement offences prescribed
r. 12
An offence against an Act, regulation or other instrument listed in an item in Schedule 3 is a lodgeable infringement offence for the purposes of enforcement under the Act.
Note
See also section 207 of the Act.
______
Part 5—Going to Court
13Information to be lodged with the Court
r. 13
For the purposes of section 40(1)(a) of the Act, the prescribed information that an enforcement agency must lodge with the Court is—
(a)in respect of the offender, the offender's name and address; and
(b)in respect of the infringement offence alleged to have been committed—
(i)the date, approximate place and, if available, approximate time of the infringement offence; and
(ii)the relevant provision of the Act or other instrument that creates the infringement offence; and
(iii)a brief description of the infringement offence; and
(c)in respect of the enforcement agency—
(i)the name of the enforcement agency; and
(ii)either the name of the issuing officer or the agency identifying reference of the issuing officer (if any).
______
Part 6—Lodging Infringement Penalties and Enforcement Orders
14Prescribed minimum lodgeable infringement penalty amount
r. 14
For the purposes of section 54(1)(a) of the Act, the prescribed minimum infringement penalty amount is $10.
15Enforcement order notice
For the purposes of section 60(3)(d) of the Act, the prescribed details whichan enforcement order notice must contain are—
(a)that it is an enforcement order notice;
(b)the name and address of the person against whom the enforcement order is made, and
(c)if the person—
(i)is a natural person, his or her date of birth (if known); or
(ii)is a body corporate, its ACN (ifknown);
(d)the date of the enforcement order;
(e)the Infringements Court case number;
(f)the infringement notice number, constituting the agency identifying reference;
(g)the date, approximate place and, if available, approximate time of the infringement offence alleged to have been committed;
(h)the amount of the unpaid infringement penalty and any prescribed costs;
(i)the manner in which the infringement penalty and prescribed costs may be paid;
(j)that an additional fee will be incurred if an infringement warrant is issued;
(k)a statement that if the person served with an enforcement order notice does not understand the document, that person should seek advice from a Registrar of the Court, a lawyer or Victoria Legal Aid.
Note
Section 60(3) of the Act sets out details of further information that the enforcement order notice must contain.
16Prescribed information when matter referred to Court
r. 16
For the purposes of section 71(1) of the Act, the prescribed information which an infringements registrar must lodge with the Court is—
(a)in respect of the offender, the offender's name and address; and
(b)in respect of the infringement offence alleged to have been committed—
(i)the date, approximate place and, if available, approximate time of the infringement offence; and
(ii)the relevant provision of the Act or other instrument that creates the infringement offence; and
(iii)a brief description of the infringement offence; and
(c)in respect of the enforcement agency—
(i)the name of the enforcement agency; and
(ii)either the name of the issuing officer or the agency identifying reference of the issuing officer (if any).
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Part 7—Infringement Warrants
17Electronic infringement warrant
r. 17
For the purposes of section 84(3) of the Act, the prescribed particulars are the outstanding amount of the fine under the infringement warrant, including the lawful costs of execution.
Reg. 18 amended by S.R. No. 4/2009 reg.4(2).
18Seven-day notice—prescribed details
For the purposes of section 88(1)(a) of the Act, the prescribed details which a seven-day notice must contain are—
(a)that it is a seven-day notice;
(b)the date of the seven-day notice;
(c)the manner in which the outstanding amount of the fine may be paid;
Reg. 18(d) amended by S.R. No. 4/2009 reg.4(1).
(d)the manner in which a natural person may apply for a payment order (if applicable);
Reg. 18(e) amended by S.R. No. 4/2009 reg.4(1).
(e)the manner in which a person may apply for revocation of the enforcement order (if applicable);
(f)a statement that if the person served with a seven-day notice does not understand the document, he or she should seek advice from a Registrar of the Court, a lawyer or Victoria Legal Aid.
Note
Section 88(3) of the Act sets outdetails of further information thatthe seven-day notice must containandclarifies that only a natural person who is not a director to whom a declaration under section 91 of the Act applies may apply for a payment order or revocation of the enforcement order.
Reg. 19 amended by S.R. No. 4/2009 reg.5.
19Prescribed persons
For the purposes of section 91(1)(b)(ii) of the Act, the sheriff or a deputy sheriff is a prescribed person.
20Consent to seizure of personal property
r. 19
For the purposes of section 93(3)(a) of the Act, the prescribed details to be contained in a written statement are—
(a)the name and address of the person against whom the infringement warrant is or infringement warrants are issued;
(b)the infringement warrant number or numbers;
(c)a summary of the prohibition under section42 of the Supreme Court Act 1986 against the seizure or taking of personal property used primarily as a means of transport;
(d)a statement that, despite section 42 of the Supreme Court Act 1986, a person against whom an infringement warrant has, or infringement warrants have, been issued may consent to the seizure or taking of such property;
(e)a statement that if consent is given, the personal property that is seized or taken will be sold at public auction, and the proceeds of such sale will be applied to the infringement warrant or infringement warrants and any lawful costs of execution;
(f)a statement that if the proceeds of the sale are insufficient to discharge the infringement warrant or infringement warrants, a further demand for payment may be made on the person, and if payment is not made or additional personal property is not provided to satisfy the debt, the person may be imprisoned;
(g)a statement that if the proceeds of sale exceed the amount or amounts in the infringement warrant or infringement warrants and the lawful costs of execution, the remaining amount will be paid to the person;
(h)a statement that, should the person consent to the seizure or taking of personal property used primarily as a means of transport, the person consenting will be asked by a person authorised to execute the infringement warrant or infringement warrants to sign a consent in accordance with section 93(2) of the Act.
r. 20
Note
Section 93(3) of that Act sets out the circumstances in which consent will be effective.
______
Part 8—Detention, Immobilisation and Sale of Motor vehicles
21Recovery and seizure and sale of detained or immobilised vehicle
r. 21
For the purposes of sections 100(1) and 101(1) of the Act, the prescribed period is 7 days.
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Part 9—Oral Examination
22Statement of financial circumstances
r. 22
(1)For the purposes of section 120(2)(d) of the Act, the prescribed details to be included in a written statement setting out the financial circumstances of a natural person are—
(a)the name and address and, if known, the date of birth of the person;
(b)whether the person is renting at the address stated;
(c)the number of dependants in that person's care (if any);
(d)any land or building which the person owns or is buying;
(e)any motor vehicle which the person owns or is buying;
(f)any money which the person is owed;
(g)the employment status of the person, including the name of the person's employer or of the person's previous employer;
(h)the income of the person after tax and compulsory superannuation is deducted, including any sources of income apart from that person's primary employment;
(i)details of any accounts held by the person at a financial institution;
(j)any cash money readily available to the person;
(k)details of any other property or assets held by the person;
(l)the weekly expenses of the person;
(m)whether there are any unpaid court orders or fines against the person;
(n)details of any other sums of money owed by the person;
(o)details of any business in which the person has an interest.
(2)For the purposes of section 120(2)(d) of the Act, the prescribed details to be included ina written statement setting out the financial circumstances of a body corporate are—
(a)the name and address of the officer of the body corporate being examined;
(b)the position held by the officer in the body corporate;
(c)the address of the registered office of the body corporate;
(d)whether the body corporate is registered at the Australian Securities and Investment Commission, and the ACN of the body corporate;
r. 22
(e)whether the body corporate is still trading;
(f)the nature of the business of the body corporate;
(g)the address at which the body corporate conducts its business;
(h)the body corporate's average weekly turnover;
(i)any money owed to the body corporate;
(j)details of any accounts held by the body corporate at any financial institution;
(k)the most up to date balance sheet available for the body corporate;
(l)details of any other assets held by the body corporate;
(m)whether there is a registered debenture over the assets of thebody corporate;
(n)whether there are any unpaid court orders or fines against the body corporate;
(o)details of any other sums of money owed by the body corporate;
(p)details of any profit and loss statement produced for the body corporate.
r. 22
(3)For the purposes of section 120(2)(e) of the Act, the prescribed details to be contained ina summons are—
(a)the name and address of the person being summonsed;
Reg. 22(3)(b) amended by S.R. No. 4/2009 reg.6.
(b)if an infringement warrant has been issued, the infringement warrant number or numbers;
(c)the date of the enforcement order or enforcement orders, the infringement court number or numbers of the enforcement order or enforcement orders, and the amount of infringement penalty and prescribed costs ordered to be paid;
(d)a record of any amounts paid by the person since the enforcement order or enforcement orders were made, and the amount or amounts that remain outstanding under any enforcement order or enforcement orders made;
(e)a statement that the person is summonsed to attend before the Court to be orally examined about the person's financial circumstances;
r. 22
(f)the date of issue of the summons.
______
Part 10—Attachment of Earnings Orders and Attachment of Debts Orders
Division 1—Application of Part 10 of the Act
23Application of Part 10
r. 23
For the purposes of section 122 of the Act, the prescribed amount is $1000.
Division 2—Attachment of earnings orders
24Application for attachment of earnings order
An application for an attachment of earnings order under section 123(3)(b) of the Act must include the following details—
(a)that it is an application for an attachment of earnings order;
(b)the date of the application;
(c)the name and address of the person making the application;
(d)the name and address of the person in respect of whom the attachment of earnings order is sought;
(e)the infringement warrant number or numbers;
(f)the outstanding amounts of the fine;
(g)a statement that—
(i)a seven-day notice has been served on the person in respect of whom the attachment of earnings order is sought; and
(ii)a period of 7 days after service of that notice has expired; and
(iii)the person has not—
(A)paid the amount outstanding under the infringement warrant or infringement warrants; or
(B)applied for a payment order for the payment of the amount outstanding under the infringement warrant or infringement warrants; or
(C)applied for revocation of the enforcement order.
25Discharge, variation or suspension of attachment of earnings order
r. 25
(1)For the purposes of section 126 of the Act, if an attachment of earnings order is in force, an infringements registrar may vary, discharge or suspend the order—
(a)on his or her own motion; or