Fines Reform Act 2014

Fines Reform Act 2014

No. 47 of 2014

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

Part 2—Director, Fines Victoria

4Director, Fines Victoria

5Functions and powers of the Director

6Powers of the Director

7Staff

8Delegation

9Powers to waive or reduce costs or fees

10Director has standing to appear or be represented at certain hearings

Part 3—Management for Collection and Enforcement of Fines by Director

Division 1—Application of Part

11Part does not apply to children

Division 2—Referral for collection and registration of court fines

12Division does not derogate from Sentencing Act1991

13Referral for collection of court fine by Director

14Court fine collection statement

15Registration of court fine for enforcement

Division 3—Registration of infringement fines for enforcement

16Registration of infringement fine with Director

17Extended period for registration

18Extension of period for commencing prosecution for summary offences

19Reliance on material registered

20Director may decide that enforcement of infringement offence under this Act is not appropriate

21Enforcement agency may prosecute or withdraw infringement notice

Division 4—Notices of final demand

22Enforcement agency may request notice of final demand not
be served

23Notice of final demand

24Content of notice of final demand

25Effect of notice of final demand in case of registered infringement fine

Division 5—Fines of bodies corporate

26Registered fine of body corporate is recoverable as debt

27Options for enforcement of body corporate fine

28Enforcement warrant must not be issued if proceeding to
recover registered fine as debt commenced

29Declared director

30Director of body corporate may challenge being declared
director

Part 4—Enforcement Review

31Application of Part

32Application for enforcement review

33Limit on applications for enforcement review

34Request for additional information

35Enforcement review

36Conduct of enforcement actions during enforcement review

37Outcome of enforcement review

38Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation

39Extended period for commencing proceeding for offence

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

41Other powers of review not affected

Part 5—Payment Arrangements

42Person may apply for payment arrangement

43Referral of infringement fine for payment arrangement

44Refusal of application for payment arrangement

45Offering proposed payment arrangements

46Content of payment arrangement

47Commencement of payment arrangements

48Payment arrangements—removals

49Cancellation by request of person to whom payment
arrangement applies

50Variation of payment arrangement

51Addition of fines requires a new payment arrangement to be made

52Director's power to make payment arrangements

53Allocation of money received under payment arrangement

54Provision of current contact details

55Payment arrangement may extend period for commencing a proceeding for offence

56Default on a payment arrangement results in other
enforcement action

57Enforcement action on default, cancellation or removal if payment is not complete

58Payment arrangement has same effect as a full payment—
demerit point schemes

Part 6—Oral Examination and Production of Information

59Director may direct production of information

60Offence not to comply with production of information
direction

61Use of information obtained by production of information direction

62Director may apply for a summons for oral examination and production of information

63Summons for oral examination and production of information

64What happens if person does not attend oral examination?

Part 7—Attachment of Earnings Directions and Attachment of Debts Directions

Division 1—Attachment of earnings direction

65When can an attachment of earnings direction be made?

66Notice of direction to be served on fine defaulter and employer

67Director may request information

68Protected level of income

69Employer obligations in respect of an attachment of earnings direction

70Variation, cancellation or suspension of attachment of earnings direction

71Cessation of attachment of earnings direction

72Compliance with an attachment of earnings direction

73Employee not to be prejudiced because of attachment of
earnings direction

74Determining the earnings of an employee for the purposes of
this Division

75Two or more employers of one fine defaulter

76Allocation of money under attachment of earnings direction

77Enforcement action suspended if attachment of earnings
direction made

Division 2—Attachment of debts direction

78When can an attachment of debts direction be made?

79Bank account

80Service and effect of attachment of debts direction

81Dispute of liability by garnishee

82Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter

83Obligations of fine defaulter

84Variation, cancellation or suspension of attachment of debts direction

85Compliance with an attachment of debts direction

86Allocation of money under attachment of debts direction

87Enforcement action suspended if attachment of debts direction made

Part 8—Driver and Vehicle Sanctions

88Application

89Sanctions that may be imposed on a fine defaulter

90Effect of further amounts being added to amounts outstanding

91Cessation of driver and vehicle sanction

92Cessation of driver and vehicle sanction does not affect any othersuspension

93Avoidance of certain provisions in contracts of insurance

94Cancellation of registration of vehicle registered in name of deregistered body corporate

Part 9—Charges Over Land and Sale of Real Property

95Director may serve notice of intention to charge land

96Power of Director to apply for land charge to be recorded

97Land becomes subject to charge

98Removal of land charge

99Powers of Registrar of Titles

100Owner to be notified of land charge or removal of land charge

101Notice of intention to sell charged land

102Power of sale

103Sale to be treated as sale by mortgagee

104Access to property and information about land

105Application of proceeds of sale

Part 10—Enforcement Warrants

106Issue of enforcement warrant

107Enforcement fees and certain costs to be included

108Recall and cancellation of enforcement warrant

109What does an enforcement warrant authorise?

110Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit

111Execution of enforcement warrant—contravention of
community work permit

112Imprisonment of person on execution of enforcement warrant

113Bail Act 1977 applies to person arrested

114Prescribed form of enforcement warrant

115Persons to whom enforcement warrant may be directed

116Unexecuted enforcement warrants

117Consolidation of enforcement warrants in execution copy

118Notice of seizure of property

119Warning of execution of enforcement warrant—seven-day
notice

120What can be done during period of the seven-day notice?

121Executing enforcement warrant after expiry of sevenday
notice

122Reduction of imprisonment by payment of portion of
registered fine

123Rules etc. with respect to execution of enforcement warrant

124How long does an enforcement warrant remain in force?

125Stay of enforcement warrant

Part 11—Detention, Immobilisation and Sale of Motor Vehicles

126Application of Part

127Detention or immobilisation of motor vehicles

128Powers to detain, immobilise and seize

129Powers to tow

130Notice to be provided on detention or immobilisation

131Recovery of motor vehicle by registered operator within prescribed period

132Vehicle seizure and sale

133Recovery of motor vehicle or item by third party before sale

134Sheriff may return motor vehicle or items of low monetary
value

135Application of proceeds of sale

136Section 42 of the Supreme Court Act 1986 does not apply

137Buyer acquires good title

138Offence to tamper with or remove means used to immobilise motor vehicle

Part 12—Removal of Number Plates

139Application of Part

140Power to remove number plates

141Notice to be provided on removal of number plates

142Director must notify VicRoads of removal of number plates

143VicRoads must immediately suspend registration of motor vehicle

144Number plates to be kept in safe custody

145Recovery of motor vehicle by registered operator within prescribed period

146Sheriff or police officer may reaffix number plates

147Notification to Director of returned number plates

148Cessation of suspension of registration sanction under this Part does not affect any other suspension

149Avoidance of certain provisions in contracts of insurance

Part 13—Infringement OffenderCommunity
Work Permits

150When a community work permit may be issued

151Community work permit

152Conditions of community work permits

153Direction of Secretary—reporting of infringement offender

154Cancellation of community work permit on failure to report

155Cumulative periods of work under community work permits
and orders under the Sentencing Act1991

156Community work

157Secretary may direct infringement offender to report at another place

158Suspension of community work permit

159Variation or cancellation of community work permit

160Contravention of community work permit

161Part payment of registered infringement fines to reduce community work

162Hours worked reduces registered infringement fines

Part 14—Infringement Offender and
Imprisonment

163Application of this Part

164Infringement offender to be brought before the Magistrates'
Court

165Powers of the Magistrates' Court

166Variation of instalment order

167Application for rehearing in certain circumstances

168Determination of rehearing

169Application for bail pending rehearing

170Infringement offender in custody

171Reduction of imprisonment by payment of part of registered infringement fine

172Enforcement and payment report

173Distribution of enforcement and payment report

Part 15—General

Division 1—Information collection

174Director or sheriff may request required information from specified agency for purpose of enforcing registered fines

175Specified agency must comply unless certain cases apply

176Restriction on Director and sheriff in relation to use of
required information

177Access to and use of information held by credit reporting
bodies

178Certain agencies may give information for enforcement
purposes

Division 2—Service

179Service of documents

180Substituted service

181Service deemed despite document being returned to sender

Division 3—Other matters

182Police may assist sheriff

183Police may exercise certain powers of the sheriff

184Offence to give false information

Division 4—Regulations

185Regulations

Part 16—Transitional Provisions

186General transitional provision

187Lodgeable infringement offences

188Infringement penalties lodged under Infringements
Act 2006

189Enforcement orders made under Infringements Act2006

190Enforcement orders with revocation proceedings in progress

191Payment orders under Infringements Act 2006

192Unexecuted infringement warrants issued under
Infringements Act2006

193Saving provision for detained, immobilised or seized vehicles under Infringements Act2006

194Transitional provision for proceeds of vehicles seized and sold

195Attachment of earnings order

196Attachment of debts order

197Suspension of driver licences and vehicle registration

198Community work permits

199Imprisonment

200Certain pre-commencement court fines may be registered

201Superseded references

202Regulations dealing with transitional matters

Part 17—Amendment of Infringements Act 2006

Division 1—Amendment of preliminary provisions

203Amendment of purposes

204Definitions

205New definitions inserted

206Act to be read as one with the Fines Reform Act 2014 and Criminal Procedure Act 2009

207Infringement offences to which this Act applies

Division 2—Infringement notices

208Service of infringement notice

209Payment to be within time specified

210Late payment

211Person may elect to have matter heard in Court or Children's Court

212Enforcement agency can refer matter to Court or Children's
Court

213Withdrawal of infringement notice

Division 3—Internal reviews

214Application of Division

215Application for internal review

216Review by enforcement agency

217What can an enforcement agency decide on review?

218New Division 3A inserted into Part 2

Division 3A—Work and development permits

27AWork and development permits

27BApplication for work and development permit

27CApproval of work and development permit

27DEffect of work and development permit

27EVariation or cancellation of work and development permit

27FAccredited agencies

27GAccredited health practitioners

27HMonitoring of accredited agencies and accredited
health practitioners

27IRecord-keeping by accredited agencies and accredited health practitioners

27JAccreditation may be revoked or surrendered

27KWork and development permit guidelines

27LLiability

219Penalty reminder notices

220Exceptions to expiation

221Expiating the offence

222Effect of expiation

223Agreeing to pay by instalments has same effect as a full
payment

224Cancellation of certain infringement notices

225Heading to Division 7 of Part 2 amended

226Decision to go to Court—lodgeable infringement offences

227Going to Court—indictable offences

228Avoiding service

Division 4—Payment plans

229Establishment of the central payment plan facility

230Payment plans available in certain circumstances

231Payment plans

232Section 48 substituted

48Commencement of payment plans

233Payment plans—additions, removals and cancellations

234New sections 49A and 49B inserted

49AVariation of payment plan

49BAddition of infringement penalties requires a new payment plan to be made

235Allocation of money received under payment plan

236Provision of current contact details

237Section 52 substituted and new section 52A inserted

52Default on a payment plan results in other
enforcement action

52AEnforcement action on default, cancellation or
removal if payment is not complete

238Section 53 amended

239New Part 3A inserted

Part 3A—Internal Review Oversight

53AGuidelines

53BOversight and monitoring by Director

53CRecommendations to enforcement agencies

53DReports and recommendations to Attorney-General

Division 5—Repeals and further consequential amendments

240Parts 4, 5, 6, 7, 8, 9, 10, 11 and 12 repealed

241Service of documents

242Service deemed despite document being returned to sender

243Sections 164, 165 and 166 repealed

244Regulations—provisions repealed

245Regulations—work and development permit powers inserted

246Sections 190, 191, 205, 206 and 209A repealed

247New Part 16 inserted

Part 16—Transitional Provisions—Fines Reform Act 2014

212Definitions

213General transitional provision

214Infringement notices and penalty reminder notices

215Internal review applications

216Payment plans

217Person unaware

218Request from and applications for infringement
offender under section161A

Part 18—Consequential Amendments to Other Acts and Repeal

Division 1—Associations Incorporation Reform Act2012

248Additional step for ongoing offence

Division 2—Australian Consumer Law and Fair Trading
Act2012

249Prohibited debt collection practices

Division 3—Bail Act 1977

250Where impracticable to bring person arrested before court

251Admission to bail

Division 4—Children, Youth and Families Act 2005

252CAYPINS procedure

253Application for registration of infringement penalty

Division 5—Control of Weapons Act 1990

254Forfeiture of controlled weapons if infringement notice
served

Division 6—Corrections Act 1986

255Definitions

Division 7—Criminal Procedure Act 2009

256Definitions

257Summary offences

258Non-appearance of accused—Infringements Act2006

259Appearance

Division 8—Drugs, Poisons and Controlled Substances Act1981

260Retention and return of seized items

Division 9—EastLink Project Act 2004

261Enforcement of infringement penalty

262Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

Division 10—Education and Care Services National Law Act2010

263Infringements law

Division 11—Graffiti Prevention Act 2007

264Forfeiture of graffiti implements

265Return of seized items when no proceedings broughtetc.

Division 12—Heavy Vehicle National Law Application Act2013

266Infringement Notice Offences Law

267Infringements Act 2006

Division 13—Magistrates' Court Act 1989

268Definitions

269Rules of Court

270Employment of principal registrar, registrars and deputy registrars

271Warrants

272Recall and cancellation of warrant

273Effect of defect or error in certain warrants

274Heading to Subdivision 2 of Division 6 of Part 4 amended

275Section 99 substituted

99Infringement offence enforcement procedure under t
he Fines Reform Act2014

276Certain agencies may give information for enforcement
purposes

277Ministers may enter into administrative services agreements

278Subject matter of agreement

279Unauthorised access to or interference with data

280Contempt of court

281Regulations

Division 14—Marine (Drug, Alcohol and Pollution Control)
Act1988

282Extension of time to object if no actual notice

283Section 61C amended

Division 15—Melbourne City Link Act 1995

284Section 86 of the Melbourne City Link Act 1995 amended

285Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

Division 16—Road Safety Act 1986

286Definitions

287Powers of Corporation

288Suspension of motor vehicle or trailer registration

289Cessation of suspension

290Section 9AC substituted

9ACDirection not to grant or renew registration

291Renewal of registration

292Section 9AE substituted

9AENon-transfer of registration

293Transfer of registration

294New section 9AG inserted

9AGCancellation of registration

295Appeal to Magistrates' Court

296Section 19A substituted

19ADirection not to grant or renew licence

297Renewal of licence or permit

298Cancellation, suspension or variation of licences and permits
by Corporation

299Section 30AA of the Road Safety Act 1986 amended

300Extension of time if no actual notice for certain traffic infringements

301Traffic infringements

302Extension of time to object if no actual notice

303Extension of time to lodge statement under section84BE

304Section 89E amended

Division 17—Sentencing Act 1991

305Imprisonment

306Application to Magistrates' Court for fine conversion order
and powers of court

307Issue of warrant to arrest person in default

308When may warrant be executed?

309New sections 69FA and 69FB inserted

69FAOrders of court in relation to fine defaulter on arrest—Fines Reform Act2014

69FBOrder of court in absence of fine defaulter—Fines Reform Act2014

310Order of court if material change in circumstances of offender

311Other orders of court

312Application to infringement enforcement procedure

Division 18—Surveillance Devices Act 1999

313Prohibition on communication or publication of private conversations or activities

Division 19—Sustainable Forests (Timber) Act 2004

314Retention and return or forfeiture of certain seized items

Division 20—Transport (Safety Schemes Compliance and Enforcement) Act2014

315Extension of time to object if no actual notice

316Section 97 amended

Part 19—Sheriff Act 2009 and Repeal of Amending Parts

Division 1—Sheriff Act 2009

317Definitions

318Requirements in relation to entry to premises to execute civil warrants

319New section22A inserted

22AEntry to premises to execute multiple money warrants

320Section 26 amended

321Sheriff may demand and receive payment in relation to money warrants

322Section 28 amended

323Sheriff may recover reasonable costs and expenses of
execution

324Sheriff's duties on receipt of money to satisfy debt or on
seizing property

325Section 38 amended

326Section 40 amended

327Section 41 amended

328Information collection

329New section 55A inserted

55AAccess to and use of information held by credit reportingbodies

330Regulations

Division 2—Repeal of amending Parts

331Repeal of amending Parts

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Endnotes

SectionPage

Victoria

SectionPage

Fines Reform Act 2014[†]

No. 47 of 2014

[Assented to 1 July 2014]

Fines Reform Act 2014
No. 47 of 2014

The Parliament of Victoriaenacts:

Part 19—Sheriff Act 2009 and Repeal of Amending Parts

Fines Reform Act 2014
No. 47 of 2014

Part 1—Preliminary

1Purposes

Themain purposes of this Act are—

(a)to provide for the appointment, powers and functions of the Director, Fines Victoria; and

(b)to provide for the collection of court fines and infringement fines by the Director, Fines Victoria; and

(c)to provide for the enforcement of court fines and infringement fines under one Act; and

(d)to make amendments to the Infringements Act 2006 and the Sheriff Act 2009 and to make consequential amendments to other Acts.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30June 2016, it comes into operation on that day.

3Definitions

In this Act—

accredited agency has the same meaning as it has in the Infringements Act 2006;

accredited health practitioner has the same meaning as it has in the Infringements Act 2006;

attachment of debts direction means a direction made under section 78;

attachment of debts threshold means the prescribed minimum amountfor the purposes of an attachment of debts direction;

attachment of earnings direction means a direction made under section 65;

attachment of earnings threshold means the prescribed minimum amount for the purposes of an attachment of earnings direction;

bank means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

child means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years, but does not include any person who is of or above the age of 19 years when—

(a)an infringement penalty is registered under section 16; or

(b)an application is made under clause 3 of Schedule 3 to the Children, Youth and Families Act 2005 for the registration of an infringement penalty in respect of the person;

community corrections centre means a community corrections centre established under Part 9 of the Corrections Act 1986;

s. 3

community corrections officer means a community corrections officer appointed under Part 4 of the Corrections Act 1986;

community work permit means a permit under Part 13;

co-operative means a body registered or deemed to be registered under the Co-operatives National Law (Victoria)as a co-operative;

Council has the same meaning as it has in the Local Government Act 1989;

court fine means a fine—

(a)within the meaning of the Sentencing Act 1991; or

(b)imposed on an offender by a court in accordance with any other Act;

court fine collection statement means a statement under section 14;

credit information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

credit reporting body has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

declared director means a director of a body corporate declared to be jointly and severally liable for a fine of a body corporate under section 29;

declared director noticemeans a notice under section 29(3);

deregistered body corporate means—

s. 3

(a)in relation to a company within the meaning of the Corporations Act, deregistered under Chapter5A of that Act; and

(b)in relation to any other bodycorporate, deregistered in a way that results in the body corporate ceasing to exist;

detention or immobilisation notice means a notice issued under section 130(1);

Director means the person employed as Director, Fines Victoria under section 4;

driver and vehicle sanction means a sanction that the Director has directed VicRoads to impose under section 89;

driver licence has the same meaning as it has in section 3 of the Road Safety Act 1986 and includes a learner permit under Part 3 of that Act;

enforcement agency has the same meaning as it has in the Infringements Act 2006;

enforcement and payment report means a report under section 172;

enforcement cancellation means a decision by the Director under section 37(1)(b);

enforcement costs means any prescribed costs related to the enforcement of a fine;

enforcement review means a review by the Director under section 35;

enforcement warrant means a warrant issued under Part 10;

enforcement warrant fee means the prescribed fee that applies on the issue of an enforcement warrant;

execution copy, in relation to an enforcement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of enforcement warrants consolidated under section 117;