Fines Reform and Infringements Acts Amendment Act 2016

Fines Reform and Infringements Acts Amendment Act 2016

No. 29 of 2016

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Fines Reform Act2014

3Commencement of Fines Reform Act 2014

4Definitions

5Powers to waive or reduce costs or fees

6New Part 2A inserted

7Referral for collection of court fine by Director

8Registration of court fine for enforcement

9Registration of infringement fine with Director

10Extended period for registration

11Director may decide that enforcement of infringement offence under this Act is not appropriate

12Enforcement agency may prosecute or withdraw infringement notice

13New section 21A inserted

14Effect of notice of final demand in case of registered infringement fine

15Options for enforcement of body corporate fine

16Declared director

17Director of body corporate may challenge being declared director

18Application of enforcement review

19Limit on applications for enforcement review

20Conduct of enforcement actions during enforcement review

21Outcome of enforcement review

22Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation

23New section 38A inserted

24Extended period for commencing proceeding for offence

25Time to pay or enter payment arrangement if infringement confirmation served

26Summons for oral examination and production of information

27Application of Part 8

28Sanctions that may be imposed on a fine defaulter

29New section 94A inserted

30Land becomes subject to charge

31Removal of land charge

32Imprisonment of person on execution of enforcement warrant

33Warning of execution of enforcement warrant—seven-day notice

34Executing enforcement warrant after expiry of seven-day notice

35Stay of an enforcement warrant

36Notice to be provided on removal of number plates

37Heading to Part 14 substituted and Division 1 heading inserted

38Application of Division 1 of Part 14

39Section 165 substituted

40New sections 165A and 165B inserted

41Amendments consequential on substitution of section 165

42New Division 2 inserted into Part 14

43New Division heading inserted into Part 14

44Enforcement and payment report

45Regulations

46New sections 186A to 186E inserted

47Lodgeable infringement offences

48Section 200 substituted

49New section 201A inserted

50Infringement offences, internal review and work and development permits consequential amendments and repeals

51Section 239 substituted

52Imprisonment in default of payment of outstanding fines

53Regulations—work and development permit powers inserted

54New Part 16 inserted

55Section 282 substituted

56Section 283 substituted

57New section 9AG inserted into Road Safety Act 1986

58Repeal of amending Parts of Fines Reform Act 2014

Part 3—Amendment of Infringements Act2006

Division 1—Interim arrangements for lodgeable infringement offences

59Definitions

60Infringement offences to which this Act applies

Division 2—Interim arrangements for work and development permits and internal review

61New definitions inserted

62Guidelines

63Application of Division 3 of Part 2

64Application for internal review

65Review by enforcement agency

66What can an enforcement agency decide on review?

67New Division 3A inserted into Part 2

68Expiating the offence

69Effect of expiation

70Agreeing to pay by instalments has same effect as a full payment

71Cancellation of certain infringement notices

72New section 41A inserted

73New Part 3A inserted

74New sections 53B to 53D inserted

75Lodgement of infringement penalty with infringements registrar

76Extended period for lodgement

77Powers to revoke enforcement orders

78Powers to vary costs or fees

79Warning of execution of infringement warrant—seven-day notice

80Executing infringement warrant after 7 day period

81Infringements registrar may stay infringement warrant

82Regulations

83New Part 16 inserted

Division 3—Interim arrangements for imprisonment and outstanding fines

84Definitions

85Division heading in Part 12 substituted

86Section 160 substituted and new sections 160AA and160AB inserted

87Amendments consequential on substitution of section 160

88New Division 3 heading inserted in Part 12

89Section 161A substituted and new sections 161B to161K inserted

Division 4—Amendments consequential on commencement of Fines Reform Act 2014

90Definitions

91Work and development permits

92Effect of expiation

93Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes

94Extension of time for commencement of proceedings if work and development permit cancelled

95Regulations—repeal of work and development powers

Division 5—Other amendments

96Person may elect to have matter heard in Court or Children's Court

97Enforcement agency can refer matter to Court or Children's Court

98Withdrawal of infringement notice

99Application of Division 3 of Part 2

100Application of Division 4 of Part 2

101Exceptions to expiation

102Application of Division 6 of Part 2

103Effect of enforcement order

104Application of Division 3 of Part 4

105Service deemed despite document being returned to sender

106New section 211A inserted

Part 4—Amendment of other Acts

Division 1—Children, Youth and Families Act 2005

107Definitions in Schedule 3

108Application for registration of infringement penalty

109New clause 4A inserted in Schedule 3

110Decision to go to Court

Division 2—Privacy and Data Protection Act 2014

111Definitions

Part 5—Repeal of amending Act

112Repeal of amending Act

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Endnotes

1General information

SectionPage

Victoria

SectionPage

Fines Reform and Infringements Acts Amendment Act 2016[†]

No. 29 of 2016

[Assented to 31 May 2016]

Fines Reform and Infringements Acts Amendment Act 2016
No. 29 of 2016

The Parliament of Victoriaenacts:

Part 5—Repeal of amending Act

Fines Reform and Infringements Acts Amendment Act 2016
No. 29 of 2016

Part 1—Preliminary

1Purposes

The main purposes of this Act areto amend the Fines Reform Act 2014and the Infringements Act 2006—

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

(b)to further provide for the ability of a person to apply for an order to serve a period of imprisonment in default of paymentof outstanding fines under infringement warrants; and

(c)to provide for outstanding fines under infringement warrants against a person to be converted and for the making of an order in respect of any remaining amount of outstanding fines; and

(d)to provide for an amount of registered infringement fines against a person to be the subject of an application of the Director, Fines Victoria to the Magistrates' Court—

(i)for the making of an order that the person serve a period of imprisonment in default of payment of the amount of registered infringement fines; and

(ii)for an order in respect of any remaining amount of registered infringement fines; and

(e)to delay the commencement of the Fines Reform Act 2014; and

(f)to bring forward the commencement of someof the measures in the Fines Reform Act2014 by including them in the Infringements Act 2006; and

(g)to harmonise court powers to deal with infringement offenders brought before the court; and

(h) to make other minor and consequential amendments to those and other Acts.

2Commencement

(1)This Act, except Divisions 1, 2, 3 and 4 of Part 3, and Part 4, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Division 4 of Part 3 comes into operation on the day on which section 240(1) of the Fines Reform Act 2014 comes into operation.

(3)Subject to subsections (4) and (5), Divisions 1, 2 and 3 of Part 3,and Part 4,come into operation on a day or days to be proclaimed.

(4)If a provision of Division 1, 2 or 3 of Part 3, or Part 4 (except sections 107(2), 109(2) and Division 2), does not come into operation before 1July 2017, it comes into operation on that day.

(5)If section 107(2) or 109(2) or a provision of Division 2 of Part 4 does not come into operation before 31 December 2017, it comes into operation on that day.

Part 2—Amendment of Fines Reform Act2014

3Commencement of Fines Reform Act 2014

In section 2(2) of the Fines Reform Act 2014, for "30 June 2016" substitute "31 December 2017".

4Definitions

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

"eligible person means a person—

(a)served with an infringement notice; and

(b)who—

(i)has a mental or intellectual disability, disorder or illness; or

(ii)has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981; or

(iii)is experiencing homelessness in accordance with the prescribed criteria (if any); or

(iv)is experiencing acute financial hardship; or

(v) is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008;

Note

The work and development permit guidelines made by the Attorney-General under section 10L specify the kind of circumstances that should apply to a person in order to satisfy the Director that the person is an eligible person.

fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person because of—

(a)an order under section 165; or

(b)being in default of—

(i)an instalment order; or

(ii)the payment of a fine;

health practitioner means—

(a)a registered medical practitioner; or

(b)a registered psychologist; or

(c)a nurse;

non-fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

time served order means an order made by the Magistrates' Court under section 171B(1);

work and development permit guidelines meansthe guidelines prepared by the AttorneyGeneral under section 10L.".

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

(a)for the definition of accredited agency substitute—

"accredited agency means an organisation accredited under Part 2A to provide a work and development permit under that Part;

Example

A health practice is an example of an organisation that might apply to become an accredited agency.";

(b)for the definition of accredited health practitioner substitute—

"accredited health practitioner means a person who is a qualified health practitioner accredited under Part 2A to provide a work and development permit under that Part;";

(c)for the definition of time to pay ordersubstitute—

"time to pay order means—

(a)a time to pay order within the meaning of the Sentencing Act1991, including a time to pay order being managed by payment arrangement; or

(b)a time to pay order made under section165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);";

(d)for the definition of work and development permit substitute—

"work and development permit means a permit referred to in section 10A;".

(3)In section 3 of the Fines Reform Act 2014, in the definition of instalment order, in paragraph (b), for "section 165;" substitute "section 165(3)(c), 165A(1)(b),165A(2)(b),171C(4)(c), 171D(1)(b) or 171D(2)(b);".

5Powers to waive or reduce costs or fees

For section 9(4) of the Fines Reform Act 2014substitute—

"(4)If the Director reduces costs or fees under subsection (1), the reduced amount must be paid—

(a)within 21 days; or

(b)if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement.

(5)If a person makes a part payment of the reduced enforcement costs or other fees that is not part of a payment arrangement, or fails to pay reduced enforcement costs or other fees in accordance with subsection (4), any enforcement action available under this Act or the Infringements Act 2006 may resume from the point that any enforcement action under this Act or the Infringements Act2006had reached at the time the reductionwas made under subsection (1).".

6New Part 2A inserted

After Part 2 of the Fines Reform Act 2014 insert—

"Part 2A—Work and development permits

10A Work and development permits

A work and development permit is a permit issued by the Director to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement fine by—

(a)participating in unpaid work under the supervision of an accredited agency; or

(b)completing a suitablecourse, including educational, vocational or life skills courses; or

(c)undergoing treatment given by an accredited health practitioner; or

(d)receiving financial or other types of counselling; or

(e)in the case of an eligible person under the age of 25 years, participating in a mentoring program.

10BApplication for work and development permit

(1)Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person.

(2)An application under subsection (1) must not be made if—

(a)the seven-day notice has expired; or

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

(c)a land charge has been recorded; or

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

(e)an infringement fine has been paid; or

(f)the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act2005.

(3) An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 10E.

(4) An application under subsection (1) must specify—

(a)the name and address of the eligible person; and

(b)as appropriate—

(i)the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or

(ii)the accredited health practitioner making the application; and

(c)the grounds for requesting the work and development permit including each infringement offence to which the work and development permit will relate; and

(d)the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and

(e)a proposed time for the completion of those activities.

(5) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement fines under the work and development permit until the Director makes a decision under section 10C.

10C Approval of work and development permit

The Director may approve an application for a work and development permit made under section 10B if the Director is satisfied that the application is in respect of an eligible person.

10D Effect of work and development permit

(1)If a work and development permit is approved under section 10C, further action under the Infringements Act 2006 or enforcement action under this Actagainst the eligible person in respect of the infringement fine is suspended until—

(a)the eligible person completes the work and development permit; or

(b)the work and development permit is cancelled.

(2)If a person who is subject to a work and development permit completes the work and development permit, any infringement fine to which the work and development permit relates is satisfied to the extent set out in the permit.

(3)If a work and development permit is cancelled or partially completed, the enforcement agency may—

(a)take action under the Infringements Act 2006 to recover any outstanding amount of the infringement penalty and any prescribed costs; or

(b)if appropriate—

(i)take enforcement action under thisAct by registering the infringement fine under this Act; or

(ii)continue any enforcement action that was suspended when the application for the work and development permit was made under section 10B.

(4)If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement fine owed by the eligible person is reduced to reflect the extent of the partial completion of the permit.

(5) Despite subsections (3) and (4), if a work and development permit is varied by suspension for a period under section 10E, for the period of that suspension, action under the Infringements Act 2006 or enforcement action under this Act, must not be taken.

10EVariation or cancellation of work and development permit

(1)The Director may vary(including by suspension) or cancel a work and development permit—

(a)on the request of a person specified in subsection (2); or

(b)on the Director's own motion.

(2)A request under subsection (1)(a) may be made by—

(a)the person who is subject to the work and development permit or another person on that person's behalf; or

(b)the accredited agency or accredited health practitioner supervising the activity, course or treatment.

(3) The Director may vary a work and development permit under subsection (1) bysuspending it for a specified period if—

(a) the person who is subject to the work and development permit is ill; or

(b) other exceptional circumstances exist.

10FInfringement fine may be waived in limited circumstances

(1)On the recommendation of the Director, the Secretary may waive the payment of any outstanding amount of the infringement fine owed by an eligible person who is subject to, or has been subject to, a work and development permit.

(2)The Director may make a recommendation under subsection (1) if—

(a)collection of the outstanding amount of the infringement fine is no longer feasible; and

(b)the eligible person has complied with, or has attempted to comply with, a work and development permit.

(3)On the Secretary waiving payment under subsection (1), the eligible person is taken to have completed the work and development permit for the purposes of section 32(1A)(b) of the Infringements Act 2006.

(4)If the Secretary waives the outstanding amount of an infringement fine under subsection (1), the Secretary must notify in writing—

(a)the eligible person; and

(b)the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and

(c)the enforcement agency that issued the infringement notice.

(5)A notice under subsection (4) must specify—

(a)that the Secretary has waivedthe outstanding amount of the infringement fine; and

(b)that the eligible person has expiated the offence.

10GAccredited agencies

(1)An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Director to become an accredited agency.

(2)An application under subsection (1) must—

(a)be made in accordance with the work and development permit guidelines; and

(b)include the prescribed particulars (ifany).

(3)The Director, in the Director's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit.

(4)An accreditation issued under this section is subject to—

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10HAccredited health practitioners

(1)A qualified health practitioner may apply to the Director to become an accredited health practitioner.

(2)An application under subsection (1) must—

(a)be made in accordance with the work and development permit guidelines; and

(b)include the prescribed particulars (ifany).

(3)The Director, in the Director's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Director is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner.

(4)An accreditation issued under this section is subject to—

(a)any conditions specified in the accreditation; and

(b)any prescribed conditions.

10IMonitoring of accredited agencies and accredited health practitioners

The Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is—

(a)keeping all relevant records in accordance with section 10J; and

(b)complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and