Infringements Regulations 2016 - Victorian Legislation and …FILE/16-56… · Web view · 2017-12-30(m) that failure to pay ... (k)that the infringement penalty and any prescribed

Version No. 002

Infringements Regulations 2016S.R. No. 56/2016

Version incorporating amendments as at1 September 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objective 12 Authorising provision 23 Commencement 24 Revocation 25 Definitions 2

Part 2—Defined terms for the purposes of the Act 3

6 Enforcement agencies 37 Criteria for determining homelessness 3

Part 3—Enforcement agency reporting 4

8 Reports to Attorney-General 4

Part 4—Fees, costs and charges 6

9 Prescribed costs 610 Warrant issue fee 611 Exemption from fees, costs and charges 7

Part 5—Pre-enforcement 8

12 Official warning 813 Withdrawal of official warning 914 Infringement notice 915 Withdrawal notice 1216 Time within which enforcement agency must review decision 1317 Penalty reminder notice 13

Part 7—Going to Court 17

19 Information to be lodged with the Court 17

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Part 8—Lodging infringement penalties and enforcement orders 18

20 Prescribed minimum lodgeable infringement penalty amount 1821 Enforcement order notice 1822 Prescribed information when matter referred to Court 19

Part 9—Infringement warrants 20

23 Infringement warrant—prescribed form 2024 Electronic infringement warrant 2025 Seven-day notice—prescribed details 2026 Prescribed persons—enforcement against bodies corporate 2127 Consent to seizure of personal property 21

Part 10—Detention, immobilisation and sale of motor vehicles 22

28 Recovery and seizure and sale of detained or immobilised vehicle 22

Part 11—Oral examination 23

29 Statement of financial circumstances 23

Part 12—Attachment of earnings orders and attachment of debts orders 26

Division 1—Attachment of earnings orders 26

30 Threshold amount for attachment of earnings order 2631 Application for attachment of earnings order 2632 Variation, discharge or suspension of attachment of earnings

order 2733 Cessation of attachment of earnings order 27

Division 2—Attachment of debts orders 28

34 Application for attachment of debts order 2835 Variation, discharge or suspension of attachment of debts

order 29

Part 13—Charges over and sale of real property 30

36 Prescribed amount for the purposes of Part 11 of the Act 3037 Notice of intention to sell land 3038 Service of notice of intention to sell land 31

Part 14—Community work permits 32

39 Regional Manager to keep records 3240 Lawful instructions and directions 3241 Matters to be specified in community work permit 3342 Commencement of community work permit 3443 Application for variation or cancellation of community work

permit 34

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44 Community corrections officer prescribed person for purposes of filing charge-sheet 35

45 How fines on community work permit can be paid 3546 Copies of community work permits to be provided to Regional

Manager 3647 Nature of unpaid community work 3648 Obligations of infringement offender subject to community

work permit 37

Part 15—General 39

49 Service 3950 Specified agencies 39

Schedule 1—Regulations revoked 40

Schedule 2—Enforcement agencies 43

Schedule 17—Specified agencies for the purposes of section 164 46

Form 1—Infringement warrant 49

Form 2—Infringement warrant 52

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Endnotes 54

1 General information 54

2 Table of Amendments 56

3 Amendments Not in Operation 57

4 Explanatory details 58

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Version No. 002


Version incorporating amendments as at1 September 2016

Part 1—Preliminary1 Objective

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 pre-enforcement stage of the infringement system under that Act;

(d) details that must be included in a range of documents relating to the enforcement of infringement penalties under that Act;

(e) forms of infringement warrant under that Act;

(f) procedural matters relating to oral examination, attachment of earnings orders and attachment of debts orders under that Act;

(g) procedural and administrative matters relating to community work permits issued under that Act;

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(h) the information that enforcement agencies need to provide to the Attorney-General under that Act;

(i) other matters required to be prescribed under that Act.

2 Authorising provision

These Regulations are made under section 168 of the Infringements Act 2006.

3 Commencement

These Regulations come into operation on 26 June 2016.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

drug of dependence has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981;

Infringements Court has the same meaning as it has in the Magistrates' Court Act 1989;

parking infringement has the same meaning as it has in the Road Safety Act 1986;

Regional Manager has the same meaning as it has in Part 4 of the Corrections Act 1986;

the Act means the Infringements Act 2006.

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Part 2—Defined terms for the purposes of the Act

6 Enforcement agencies

For the purposes of paragraph (c) of the definition of enforcement agency in section 3(1) of the Act, a person or body or class of person or body described or specified in Schedule 2 is a prescribed person or body or class of person or body (as the case requires).

7 Criteria for determining homelessness

For the purposes of paragraph (c) of the definition of special circumstances in section 3(1) of the Act, the prescribed criteria for determining that a person is homeless is that the person satisfies at least one of the following—

(a) the person is living in crisis accommodation;

(b) the person is living in transitional accommodation;

(c) the person is living in any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth;

(d) the person has inadequate access to safe and secure housing as defined in section 4(2) of the Supported Accommodation Assistance Act 1994 of the Commonwealth.

Part 1—Preliminary


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Part 3—Enforcement agency reporting8 Reports to Attorney-General

(1) For the purposes of section 6 of the Act, an enforcement agency must provide to the Attorney-General the following information—

(a) the number of official warnings served by the enforcement agency in relation to each category of infringement offence;

(b) the number of official warnings withdrawn by the enforcement agency in relation to each category of infringement offence;

(c) the number of infringement notices served by the enforcement agency in relation to each category of infringement offence;

(d) the number of infringement notices withdrawn by the enforcement agency in relation to each category of infringement offence;

(e) in relation to each category of infringement offence, the number of persons served with an infringement notice who elect under section 16(1) of the Act to have the matter of the infringement offence heard and determined in the Court or the Children's Court;

(f) in relation to each category of infringement offence, the following—

(i) the number of applications for internal review received by the enforcement agency under each of the grounds in section 22(1) of the Act;



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(ii) as far as practicable, in relation to the information provided under subparagraph (i), the number of applications for internal review decided in accordance with section 25(1)(a) to (h) or 25(2)(a) to (c) of the Act, as the case may be;

(iii) as far as practicable, in relation to decisions made under section 25(1)(h) of the Act, the relevant combination of actions taken;

(g) the number of applications for payment plans received by the enforcement agency under section 46(1) of the Act, and, as far as practicable—

(i) the total number of payment plans offered under section 46(3) and (4) of the Act; and

(ii) in relation to payment plans offered under section 46(3) or (4) of the Act, the total number of payment plans commenced in accordance with section 48 of the Act; and

(iii) in relation to commenced payment plans, the number of persons sent written notice advising of default under section 52 of the Act.

(2) The prescribed intervals for the purposes of section 6(a) of the Act are intervals of 6 months.



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Part 4—Fees, costs and charges9 Prescribed costs

For the purposes of the definition of prescribed costs in section 3(1) 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—

(i) until 1 July 2016, 1·8 fee units; and

(ii) on and after 1 July 2016, 1·62 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—


(ii) on and after 1 July 2016, 4·92 fee units; and

(c) for the purposes of section 59(1) of the Act, when an enforcement order is made—


(ii) on and after 1 July 2016, 2·57 fee units.

10 Warrant issue fee

For the purposes of section 81(1) of the Act, the prescribed fee for the issue of an infringement warrant is—

(a) until 1 July 2016, 4·4 fee units; and

(b) on and after 1 July 2016, 4·35 fee units.



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11 Exemption from fees, costs and charges

(1) The following persons are exempt from the fees, costs and charges specified in regulation 9—

(a) a police officer acting in the course of the officer's duty;

(b) a person acting for or by authority of the Crown.

(2) Despite subregulation (1), any fee, cost or charge that 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.



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Part 5—Pre-enforcement12 Official warning

For the purposes of section 8(2) of the Act, the prescribed details that an official warning must contain are the following—

(a) that it is an official warning;

(b) the date of the official warning;

(c) the name and address (if known) of the person served with the official warning;

(d) the name of the enforcement agency;

(e) the enforcement agency identifying reference of the official warning;

(f) either—

(i) the name of the issuing officer; or

(ii) the enforcement agency identifying reference of the issuing officer;

(g) the date and approximate time and place of the infringement offence alleged to have been committed;

(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(i) that further information may be obtained from at least one of the following—

(i) a nominated telephone number;

(ii) a designated address;

(iii) the enforcement agency's website.



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13 Withdrawal of official warning

(1) For the purposes of section 11(2) of the Act, the prescribed period is 6 months from the date of service of the official warning.

(2) For the purposes of section 11(4)(b) of the Act, the prescribed details that a withdrawal of an official warning must contain are the following—

(a) that it is a withdrawal of the official warning;

(b) the date of the withdrawal of the official warning;

(c) the name and address (if known) of the person served with the withdrawal of the official warning;


(e) the enforcement agency identifying reference of the withdrawal of the official warning;

(f) the date and approximate time and place of the infringement offence alleged to have been committed;

(g) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(h) a statement of how the enforcement agency intends to proceed in respect of the infringement offence alleged to have been committed.

14 Infringement notice

(1) For the purposes of section 13 of the Act, the prescribed details that an infringement notice must contain are the following—

(a) that it is an infringement notice;

(b) the date of the infringement notice;



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(c) the name and address (if known) of the person served with the infringement notice or, if the infringement notice is in respect of an infringement offence that is a parking infringement, the words "the Owner";


(e) the enforcement agency identifying reference of the infringement notice;

(f) subject to paragraph (g), either—



(g) in the case of an infringement notice issued or served on behalf of the Traffic Camera Office, the title or name of the issuing officer;

(h) the date and approximate time and place of the infringement offence alleged to have been committed;

(i) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(j) the infringement penalty;

(k) the manner in which the infringement penalty may be paid;

(l) that the infringement penalty must be paid by a specified due date;



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(m) that failure to pay the infringement penalty by the specified due date may result in further enforcement action being taken and the incurring of further costs;

(n) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—

(i) sections 89A to 89D of the Road Safety Act 1986;

(ii) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;

(iii) sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

(o) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act, unless that person is a body corporate;

(p) that further information and information relating to eligibility for payment plans and applying for internal review can be obtained from at least one of the following—



(iii) the enforcement agency's website address;



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(q) any further details specifically required to be included in relation to an infringement offence under any Act or other instrument that creates the infringement offence.

Note

Section 13(b) of the Act requires that an infringement notice state that the person is entitled to elect to have the matter of the infringement offence heard and determined in the Magistrates' Court or, if that person is a child, in the Children's Court.

(2) If an infringement notice is in respect of an infringement offence that is a parking infringement, in addition to the details required under subregulation (1), the infringement notice must contain the registration number or other identification of the vehicle involved in the parking infringement.

15 Withdrawal notice

For the purposes of section 19(a) of the Act, the prescribed details that a withdrawal notice must contain are the following—

(a) that it is a withdrawal notice;

(b) the date of the withdrawal notice;

(c) the name and address (if known) of the person served with the infringement notice;


(e) the enforcement agency identifying reference of the infringement notice;

(f) the date of the infringement notice;

(g) the date and approximate time and place of the infringement offence alleged to have been committed;



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(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(i) that further information may be obtained from at least one of the following—




(j) that if the infringement penalty and any prescribed costs have been paid, the infringement penalty and prescribed costs will be refunded, unless the person has an ongoing payment plan in which case Part 3 of the Infringements Act 2006 applies.

Note

Section 19(b) of the Act requires that a withdrawal notice must state how an enforcement agency intends to proceed in respect of the infringement offence.

16 Time within which enforcement agency must review decision

For the purposes of section 24(3)(a)(i) of the Act, the prescribed time within which an enforcement agency must review a decision is 90 days.

17 Penalty reminder notice

For the purposes of section 29(5) of the Act, the prescribed details that a penalty reminder notice must contain are the following—

(a) that it is a penalty reminder notice;

(b) the date of the penalty reminder notice;



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(c) the name and address (if known) of the person served with the infringement notice;


(e) the enforcement agency identifying reference of the penalty reminder notice;

(f) subject to paragraph (g), either—



(g) in the case of a penalty reminder notice issued or served on behalf of the Traffic Camera Office, the title or name of the issuing officer;

(h) the date and approximate time and place of the infringement offence alleged to have been committed;

(i) the infringement penalty and any prescribed costs owing;

(j) the manner in which the infringement penalty and any prescribed costs may be paid;

(k) that the infringement penalty and any prescribed costs must be paid by a specified due date;

(l) that the person may elect to have the matter heard and determined in the Court, or, in the case of a child, in the Children's Court, unless the penalty reminder notice is in respect of an infringement offence to which any of the following provisions apply—




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(m) that failure to pay the infringement penalty and prescribed costs by the specified due date may result in further enforcement action being taken and further costs being incurred under—

(i) the Act; or

(ii) in the case of a child, Schedule 3 to the Children, Youth and Families Act 2005;

(n) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act, unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—




(o) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act unless that person is a body corporate;



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(p) that further information including information relating to eligibility for payment plans and applying for internal review can be obtained from at least one of the following—




(q) a statement that if the person served with the penalty reminder notice does not understand the document, the person should seek advice, as the case requires, from—

(i) the Registrar of the Court; or

(ii) the Registrar of the Children's Court; or

(iii) a lawyer; or

(iv) Victoria Legal Aid.

* * * * *

Pt 6 (Heading and reg. 18) revoked by S.R. No. 101/2016 reg. 5.



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Part 7—Going to Court19 Information to be lodged with the Court

For the purposes of section 40(1)(a) of the Act, the prescribed information that an enforcement agency must lodge with the Court is the following—

(a) in respect of the offender, the offender's name and address;

(b) in respect of the infringement offence alleged to have been committed, the following—

(i) the date, approximate place and, if available, approximate time of the infringement offence;

(ii) the relevant provision of the Act or other instrument that creates the infringement offence;

(iii) a brief description of the infringement offence;

(c) in respect of the enforcement agency, the name of the enforcement agency.



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Part 8—Lodging infringement penalties and enforcement orders

20 Prescribed minimum lodgeable infringement penalty amount

For the purposes of section 54(1)(a) of the Act, the prescribed minimum infringement penalty amount is $10.

21 Enforcement order notice

For the purposes of section 60(3)(d) of the Act, the other prescribed details that an enforcement order notice must contain are the following—

(a) that it is an enforcement order notice;

(b) the name and address of the person against whom the enforcement order is made;

(c) if the person against whom the enforcement order is made is—

(i) a natural person, the person's date of birth (if known); or

(ii) a body corporate, its ACN (if known);

(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;



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(j) that an additional fee will be incurred if an infringement warrant is issued;

(k) a statement that if the person served with the enforcement order notice does not understand the document, that person should seek advice from—

(i) a Registrar of the Court; or

(ii) a lawyer; or

(iii) Victoria Legal Aid.Note

Section 60(3) of the Act sets out details of further information that the enforcement order notice must contain.

22 Prescribed information when matter referred to Court

For the purposes of section 71(1) of the Act, the prescribed information that an infringements registrar must lodge with the Court is the following—

(a) in respect of the offender, the offender's name and address;

(b) in respect of the infringement offence alleged to have been committed, the following—

(i) the date, approximate place and, if available, approximate time of the infringement offence;

(ii) the relevant provision of the Act or other instrument that creates the infringement offence;

(iii) a brief description of the infringement offence;

(c) the name of the enforcement agency.



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Part 9—Infringement warrants23 Infringement warrant—prescribed form

For the purposes of section 82(5) of the Act, an infringement warrant—

(a) against a natural person must be in Form 1; and

(b) against a body corporate must be in Form 2.

24 Electronic infringement warrant

For the purposes of section 84(3)(a) of the Act, the prescribed particular is the outstanding amount of the fine under the infringement warrant, including the lawful costs of execution.

25 Seven-day notice—prescribed details

For the purposes of section 88(1)(a) of the Act, the prescribed details that a seven-day notice must contain are the following—

(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;

(d) the manner in which a natural person may apply for a payment order (if applicable);

(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 the seven-day notice does not understand the document, the person should seek advice from—

(i) a Registrar of the Court; or



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(ii) a lawyer; or

(iii) Victoria Legal Aid.Note

Section 88(3) of the Act sets out details of further information that the seven-day notice must contain and clarifies 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.

26 Prescribed persons—enforcement against bodies corporate

For the purposes of section 91(1)(b)(ii) of the Act, the sheriff or a deputy sheriff is a prescribed person.

27 Consent to seizure of personal property

For the purposes of section 93(3)(a) of the Act, the prescribed details to be contained in a written statement are the following—

(a) the name and address of the person against whom the infringement warrant is issued;

(b) the infringement warrant number;

(c) 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.



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Part 10—Detention, immobilisation and sale of motor vehicles

28 Recovery and seizure and sale of detained or immobilised vehicle

For the purposes of sections 100(1) and 101(1) of the Act, the prescribed period is 7 days.



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Part 11—Oral examination29 Statement of financial circumstances

(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 the following—

(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 the person's care (if any);

(d) any land or building that the person owns or is buying;

(e) any motor vehicle that the person owns or is buying;

(f) any money that the person is owed;

(g) the employment status of the person, including the name of the person's employer or 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;



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(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 in a written statement setting out the financial circumstances of a body corporate are the following—

(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 by the Australian Securities and Investments Commission, and the ACN of the body corporate;

(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 a financial institution;

(k) the most up to date balance sheet available for the body corporate;



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(l) details of any other assets held by the body corporate;

(m) whether there is a registered debenture over the assets of the body 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.

(3) For the purposes of section 120(2)(e) of the Act, the other prescribed details to be contained in a summons are the following—

(a) the name and address of the person being summonsed;

(b) if an infringement warrant has been issued, the infringement warrant number;

(c) the date of the enforcement order, the infringement court number of the enforcement order, 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 was made, and the amount that remains outstanding under any enforcement order made;

(e) a statement that the person is summonsed to attend before the Court to be orally examined about the person's financial circumstances;

(f) the date of issue of the summons.



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Part 12—Attachment of earnings orders and attachment of debts orders

Division 1—Attachment of earnings orders30 Threshold amount for attachment of earnings order

For the purposes of section 123(1A) of the Act, the prescribed amount is $1000.

31 Application 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;

(f) the outstanding amount 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



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(B) applied for a payment order for the payment of the amount outstanding under the infringement warrant; or

(C) applied for revocation of the enforcement order.

32 Variation, discharge or suspension of attachment of earnings order

(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 the infringements registrar's own motion; or

(b) on the application of—

(i) the sheriff; or

(ii) an enforcement agency; or

(iii) the person against whom an infringement warrant has been issued.

(2) An order made pursuant to section 126 of the Act suspending or varying an attachment of earnings order must be served on the following—

(a) the applicant;

(b) the person in respect of whom the attachment of earnings order is made;

(c) the person to whom the attachment of earnings order is directed.

33 Cessation of attachment of earnings order

(1) If an attachment of earnings order is varied, discharged or suspended under section 126 of the Act, the infringements registrar must as soon as practicable, serve written notice on the person to



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whom the attachment of earnings order was directed.

(2) If an attachment of earnings order is varied, discharged or suspended, the person to whom the attachment of earnings order is directed may treat the order as still in force at any time before the expiration of 7 days after the day on which the notice required by subregulation (1) or a copy of the order discharging the attachment of earnings order, as the case requires, is served on that person.

Division 2—Attachment of debts orders34 Application for attachment of debts order

An application for an attachment of debts order under section 129(3)(b) of the Act must include the following details—

(a) that it is an application for an attachment of debts order;


(c) the name and address of the person making the application;

(d) the name and address of the garnishee;

(e) the infringement warrant number;

(f) the outstanding amount 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 debts order is sought; and

(ii) a period of 7 days after service of that notice has expired; and



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(iii) the person has not—

(A) paid the amount outstanding under the infringement warrant; or

(B) applied for a payment order for the payment of the amount outstanding under the infringement warrant; or

(C) applied for revocation of the enforcement order.

35 Variation, discharge or suspension of attachment of debts order

(1) For the purposes of section 132 of the Act, if an attachment of debts order is in force, an infringements registrar may vary, discharge or suspend the order—

(a) on the infringement registrar's own motion; or

(b) on the application of—

(i) the sheriff; or

(ii) an enforcement agency; or

(iii) the person against whom the infringement warrant has been issued.

(2) If an infringements registrar makes an order pursuant to section 132 of the Act varying, discharging or suspending an attachment of debts order, the order to vary, discharge or suspend the attachment of debts order must be served on the following—

(a) the applicant;

(b) the person in respect of whom the attachment of debts order is made;

(c) the garnishee.



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Part 13—Charges over and sale of real property

36 Prescribed amount for the purposes of Part 11 of the Act

For the purposes of Part 11 of the Act, the prescribed amount is $10 000.

37 Notice of intention to sell land

For the purposes of section 144(2)(a) of the Act, the prescribed particulars to be contained in a notice of intention to sell land are the following—

(a) the name and address and, if known, the date of birth of the person whose interest in land is subject to a charge under Part 11 of the Act;

(b) a statement that the Court has made an order under section 143(2) of the Act permitting the sheriff to sell the land described in the notice and, in respect of that order, the following—

(i) the date it was made;

(ii) the venue of the Court that made it;

(iii) a summary of the order;

(iv) a description of the land to which the order relates;

(c) the infringement warrant number.Note

Section 144(2)(c) of the Act sets out other particulars to be included in a notice of intention to sell.



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38 Service of notice of intention to sell land

For the purposes of section 144(2)(b) of the Act, a notice of intention to sell land required under section 144(1) of the Act must be served personally.



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Part 14—Community work permits39 Regional Manager to keep records

For the purposes of Part 12 of the Act, the Regional Manager of a region in which a community corrections centre is located must keep accurate records of—

(a) the dates on and times at which each infringement offender who is subject to a community work permit—

(i) has satisfactorily performed unpaid community work; or

(ii) has not satisfactorily performed unpaid community work; and

(b) the times at which each infringement offender who is subject to a community work permit attends the community corrections centre or other places that the infringement offender is required by the Regional Manager to attend.

40 Lawful instructions and directions

(1) Subject to subregulation (2), a lawful instruction or direction given to an infringement offender by a community corrections officer under section 149(f) of the Act must be—

(a) in writing; and

(b) signed by the community corrections officer.

(2) A lawful instruction or direction may be given orally to an infringement offender in the presence and hearing of a witness if, due to an urgent need to give the instruction or direction or because of other exceptional circumstances, it is not possible for the instruction or direction to be given in writing.



32

41 Matters to be specified in community work permit

(1) In addition to the matters required by section 148(2) of the Act, a community work permit must specify the following matters—

(a) that it is a community work permit;

(b) the name and address of the infringement offender, and, if known—

(i) the infringement offender's date of birth; and

(ii) if the infringement offender has a driver licence, the infringement offender's driver licence number;

(c) the date on which, and place at which, the community work permit is issued;

(d) the date on which the community work permit commences;

(e) a statement to the effect that the community work permit was issued because the infringement offender consented to perform unpaid community work in respect of outstanding fines under one or more infringement warrants;

(f) that the infringement offender must report to the community corrections centre specified in the community work permit by the time and on the date specified in the community work permit;

(g) the total number of outstanding infringement warrants to which the community work permit applies;



33

(h) a summary—

(i) of the core conditions that apply to a community work permit under section 149 of the Act; and

(ii) of the program condition of a community work permit under section 150 of the Act.

(2) The infringement offender must sign the statement referred to in subregulation (1)(e) if the infringement offender consents to perform unpaid community work in respect of the outstanding fines specified in the community work permit.

42 Commencement of community work permit

(1) A community work permit commences on the day it is issued.

(2) A copy of a community work permit must be given to the infringement offender at the time it is issued.

43 Application for variation or cancellation of community work permit

(1) For the purposes of section 155(1)(b) of the Act a community corrections officer is a prescribed person.

(2) An application for variation or cancellation of a community work permit under section 155 of the Act must specify the following matters—

(a) the name of the applicant;


(c) the date on which the community work permit sought to be varied or cancelled was issued and the date on which it ends;



34

(d) the reasons why the applicant wants the community work permit to be varied or cancelled, as the case may be;

(e) the signature of the applicant.

(3) The community work permit must be attached to, and forms part of, an application for variation or cancellation.

(4) The applicant must serve a copy of the application and the details of the date and place of the hearing on the infringement offender or prescribed person (as the case may be) at least 14 days before the hearing.

(5) The applicant must serve a copy of the application on a Registrar of the Court before the hearing date.

44 Community corrections officer prescribed person for purposes of filing charge-sheet

For the purposes of section 156(1) of the Act, a community corrections officer is a prescribed person.

45 How fines on community work permit can be paid

(1) A person may pay a fine in respect of which a community work permit is in force by payment—

(a) in person at a community corrections centre between 10.00 a.m. and 2.30 p.m. on any Monday to Friday other than on a public holiday; or

(b) by post to a community corrections centre; or

(c) by any electronic payment method accepted by the Department of Justice and Regulation.

(2) Subject to subregulation (3), payment under subregulation (1)(a) or (b) must be made—



35

(a) in the case of subregulation (1)(a), in cash; or

(b) by bank cheque (marked "not negotiable") made payable to the Department of Justice and Regulation; or

(c) by money order made payable to the Department of Justice and Regulation.

(3) A payment by bank cheque is not made until the bank cheque is honoured on presentation to the relevant bank.

46 Copies of community work permits to be provided to Regional Manager

(1) On the day a community work permit is issued in respect of an infringement offender under section 148 of the Act, the sheriff must cause a copy of the community work permit to be given to the Regional Manager of the community corrections centre where the infringement offender is to carry out the unpaid community work under the community work permit.

(2) For the purposes of section 162(1)(c) of the Act, a document referred to in subregulation (1) may be given to the Regional Manager by facsimile or other form of electronic communication.

47 Nature of unpaid community work

(1) An infringement offender may be required under a community work permit to perform unpaid community work—

(a) at a hospital, an educational or charitable institution or for any other non-profit body; or

(b) at the home of any socially disadvantaged or disabled person or any institution for such persons; or



36

(c) on any Crown land or land occupied by the Crown; or

(d) on any land owned, leased or occupied for a public purpose by any person or body under any Act.

(2) An infringement offender must not be required to perform work of a nature that would normally be performed by paid labour.

48 Obligations of infringement offender subject to community work permit

An infringement offender who is required under a community work permit to attend a community corrections centre or other place to perform unpaid community work must—

(a) obey all lawful instructions and directions of the Regional Manager of the community corrections centre; and

(b) not consume any alcoholic substance or drug of dependence—

(i) for at least 8 hours before attending the centre or other place; and

(ii) while attending the centre or other place; and

(iii) while performing unpaid community work; and

(c) not bring any alcoholic substance or drug of dependence to any place where—

(i) an educational or other program is provided under the community work permit; or

(ii) unpaid community work is to be performed under the community work permit; and



37

(d) not leave any place where the infringement offender is performing unpaid community work under the community work permit without the permission of—

(i) the Regional Manager; or

(ii) the community corrections officer to whom the infringement offender is required to report under the community work permit; and

(e) if the infringement offender is unable to attend the centre or as otherwise directed on any occasion required under the community work permit, notify the Regional Manager or a community corrections officer at the community corrections centre concerned as soon as practicable; and

(f) if the infringement offender is delayed in attending the centre or as otherwise directed on any occasion required under the community work permit, notify the Regional Manager or a community corrections officer at the community corrections centre concerned as soon as practicable; and

(g) if, as a result of illness, the infringement offender does not attend the centre or as otherwise directed on any occasion required under the community work permit, produce a medical certificate signed by a doctor when next attending the community corrections centre; and

(h) not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer.



38

Part 15—General49 Service

For the purposes of section 162(1)(c) of the Act, subject to any specific requirement to the contrary in the Act, the prescribed manner by which a document required or permitted by the Act to be given or served may be served is by leaving it at the last or most usual place of residence or business of the person to be served, with a person—

(a) who apparently resides at or works at the residence or business, as the case may be; and

(b) who appears to be not less than 18 years of age.

50 Specified agencies

For the purposes of section 164(1)(b) of the Act, a person or body described or specified in Schedule 17 is prescribed as a specified agency.



39

Schedule 1—Regulations revokedRegulation 4

S. R. No. Title

75/2006 Infringements (Reporting and Prescribed Details and Forms) Regulations 2006

76/2006 Infringements (General) Regulations 2006

103/2006 Infringements (General) (Amendment) Regulations 2006

145/2006 Infringements (General) (Further Amendment) Regulations 2006

173/2006 Infringements (General) (Miscellaneous Amendment) Regulations 2006



107/2008 Infringements (General) Further Amendment Regulations 2008

108/2008 Infringements (Reporting and Prescribed Details and Forms) Amendment Regulations 2008

4/2009 Infringements (General) Miscellaneous Amendment Regulations 2009


106/2009 Infringements (General) Amendment (Lodgeable Infringement Offences) Regulations 2009

168/2009 Infringements (General) Further Amendment (Lodgeable Infringement Offences) Regulations 2009

2/2010 Infringements (General) Amendment (Fee Waiver) Regulations 2010

17/2010 Infringements (General) Amendment Regulations 2010




40

S. R. No. Title



67/2011 Infringements (General) Further Amendment (Lodgeable Infringements Offences) Regulations 2011


160/2011 Infringements (General) Amendment (Further Lodgeable Infringement Offences) Regulations 2011




58/2012 Infringements (General) Amendment (Further Lodgeable Infringement Offences) Regulations 2012


150/2012 Infringements (General) (Lodgeable Infringement Offences) Amendment Regulations 2012







41

S. R. No. Title








42

Schedule 2—Enforcement agenciesRegulation 6

1 Victoria Police.

2 Each of the following administrative units or groups within Victoria Police—

(a) Licensing and Regulation Division;

(b) Traffic Camera Office.

3 A Council within the meaning of the Local Government Act 1989.

4 An Administrative Office within the meaning of the Public Administration Act 2004.

5 An Administrative Office Head within the meaning of the Public Administration Act 2004.

6 A Department within the meaning of the Public Administration Act 2004.

7 A Department Head within the meaning of the Public Administration Act 2004.

8 Each of the following within the Department of Economic Development, Jobs, Transport and Resources—

(a) Director, Transport Safety within the meaning of the Transport Integration Act 2010;

(b) Taxi Services Commission within the meaning of the Transport Integration Act 2010.

9 Each of the following within the Department of Justice and Regulation—

(a) Consumer Affairs Victoria;

(b) Victorian Commission for Gambling and Liquor Regulation under the Victorian Commission for Gambling and Liquor Regulation Act 2011;

(c) Corrections Victoria.



43

10 Each of the following—

(a) a university within the meaning of the Education and Training Reform Act 2006;

(b) an institution approved to operate as a University or part of a University under section 4.3.30(1) of the Education and Training Reform Act 2006.

11 The college affiliated to the University of Melbourne known as Queen's College.

12 A body that is a TAFE institute within the meaning of the Education and Training Reform Act 2006.

13 A Board within the meaning of the Alpine Resorts (Management) Act 1997.

14 The Alpine Resorts Co-ordinating Council established under Part 3 of the Alpine Resorts (Management) Act 1997.

15 A port corporation within the meaning of the Port Management Act 1995.

16 The Urban Renewal Authority Victoria within the meaning of the Urban Renewal Authority Victoria Act 2003.

17 The Melbourne Market Authority within the meaning of the Melbourne Market Authority Act 1977.

18 Energy Safe Victoria within the meaning of the Energy Safe Victoria Act 2005.

19 Parks Victoria within the meaning of the Parks Victoria Act 1998.

20 The Corporation within the meaning of the Road Safety Act 1986.

21 The House Committee within the meaning of the Parliamentary Committees Act 2003.



44

22 The Victorian Arts Centre Trust within the meaning of the Victorian Arts Centre Act 1979.

23 The Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013.

24 A hospital listed in Schedule 1, 2 or 3 to the Health Services Act 1988.

25 The Public Transport Division of the Department of Economic Development, Jobs, Transport and Resources.

26 The Environment Protection Authority within the meaning of the Environment Protection Act 1970.

27 The Victorian Electoral Commission within the meaning of the Electoral Act 2002.

* * * * *

Schs 3–16 revoked by S.R. No. 101/2016 reg. 6.



45

Schedule 17—Specified agencies for the purposes of section 164

Regulation 50

No. Agency name

1 Ararat Rural City Council

2 Ballarat City Council

3 Banyule City Council

4 Baw Baw Shire Council

5 Bayside City Council

6 Benalla Rural City Council

7 Boroondara City Council

8 Borough of Queenscliffe

9 Brimbank City Council

10 Buloke Shire Council

11 Central Goldfields Shire Council

12 City of Greater Bendigo

13 City of Melbourne

14 City of Whittlesea

15 Colac–Otway Shire Council

16 Consumer Affairs Victoria

17 Corangamite Shire Council

18 Darebin City Council

19 Department of Environment, Land, Water and Planning

20 East Gippsland Shire Council

21 Environment Protection Authority

22 Frankston City Council

23 Gannawarra Shire Council

24 Glen Eira City Council

25 Glenelg Shire Council



46

No. Agency name

26 Golden Plains Shire Council

27 Greater Dandenong City Council

28 Greater Geelong City Council

29 Greater Shepparton City Council

30 Hepburn Shire Council

31 Hobsons Bay City Council

32 Horsham Rural City Council

33 Hume City Council

34 Indigo Shire Council

35 Kingston City Council

36 Knox City Council

37 Latrobe City Council

38 Loddon Shire Council

39 Macedon Ranges Shire Council

40 Manningham City Council

41 Mansfield Shire Council

42 Maribyrnong City Council

43 Maroondah City Council

44 Mildura Rural City Council

45 Moira Shire Council

46 Monash City Council

47 Moonee Valley City Council

48 Moorabool Shire Council

49 Mornington Peninsula Shire

50 Mount Alexander Shire Council

51 Moyne Shire Council

52 Nillumbik Shire Council

53 Northern Grampians Shire Council

54 Port Phillip City Council

55 Pyrenees Shire Council



47

No. Agency name

56 Shire of Campaspe

57 South Gippsland Shire Council

58 Southern Grampians Shire Council

59 Stonnington City Council

60 Strathbogie Shire Council

61 Surf Coast Shire Council

62 Swan Hill Rural City Council

63 Taxi Services Commissioner

64 Towong Shire Council

65 Wangaratta Rural City Council

66 Warrnambool City Council

67 Wellington Shire Council

68 West Wimmera Shire Council

69 Whitehorse City Council

70 Wodonga City Council

71 Wyndham City Council

72 Yarra City Council

73 Yarra Ranges Shire Council

74 Yarriambiack Shire Council



48

Form 1—Infringement warrantRegulation 23(a)

INFRINGEMENT WARRANT (against a natural person)

Infringements Act 2006

Name: [Insert name] Infringements Court Case Number:

Address: Vehicle Registration Number:

State:

Licence Number:

State:

Gender:

Date of Birth:

Enforcement Agency: [insert enforcement agency name]

On [insert date] an enforcement order was made against [insert name] under section 59 of the Infringements Act 2006 at the Infringements Court within the meaning of the Magistrates' Court Act 1989 in respect of the outstanding amount of the infringement penalty and prescribed costs in respect of a lodgeable infringement offence.

This infringement warrant is issued under section 80 of the Infringements Act 2006 because, for a period of more than 28 days, you have defaulted in the payment of that fine or in the payment under a payment order.

WARRANT:Offence Date:Approximate Time of Offence:Infringement Offence:Approximate Place of Offence:

AMOUNT DUE AND PAYABLEOutstanding Amount of Fine:Warrant Issue Fee:TOTAL AMOUNT DUE UNDER INFRINGEMENT



49

AUTHORITY AND DIRECTIONS

To—

* the Sheriff

* [insert name and rank], a named police officer

* all police officers

* the Commissioner within the meaning of the Corrections Act 1986

* [insert name], a person authorised by law to execute an infringement warrant [specify person and authority].

You are to demand payment of the amount unpaid from the person named in this infringement warrant. If this amount is paid, you must send it immediately to an Infringements Registrar.

IF THE AMOUNT IS NOT PAID

You are authorised to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person.

You are further authorised—

(i) to seize the personal property of the person named in the infringement warrant; and

(ii) if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.

If you cannot find sufficient personal property of the person named in the infringement warrant on which to levy the amounts named in the infringement warrant together with all lawful costs of execution, you are authorised to break, enter and search for the person named in the infringement warrant in any place where the person named is suspected to be, to arrest the person and, subject to any endorsement—

(i) to release the person named in the infringement warrant on a community work permit in accordance with Division 1 of Part 12 of the Infringements Act 2006; or

(ii) to release the person on bail in accordance with the endorsement below to be dealt with in accordance with Division 2 of Part 12 of the Infringements Act 2006; or

(iii) if the person refuses to enter into an undertaking of bail or cannot be dealt with under Division 1 of Part 12 of the Infringements



50

Act 2006, to take and safely convey the person named in this

infringement warrant to a prison or police gaol and deliver the person to the officer in charge of the prison or police gaol for the purposes of being dealt with under Division 2 of Part 12 of the Infringements Act 2006.

If the amount is partly paid, you must reduce the amounts named in this infringement warrant by the amount paid, amend the execution copy of the infringement warrant, receive payment and forward it without delay to an Infringements Registrar.

Issued at: on:

Issued by: [name]

INFRINGEMENTS REGISTRAR

ENDORSEMENT AS TO BAIL UNDER SECTION 80(2) OF THE INFRINGEMENTS ACT 2006

Bail is granted on the following conditions:

The person named may be released on entering an undertaking of bail to appear at the venue of the Magistrates' Court nearest to where the person resides on the following conditions:


Date

* Delete if inapplicable.



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Form 2—Infringement warrantRegulation 23(b)

INFRINGEMENT WARRANT(against a body corporate)

Infringements Act 2006

Name: [Insert name] Infringements Court Case Number:

Address: Vehicle Registration Number:

State:

ACN:

Enforcement Agency: [insert enforcement agency name]

On [insert date] an enforcement order was made against [insert name] under section 59 of the Infringements Act 2006 at the Infringements Court within the meaning of the Magistrates' Court Act 1989 in respect of the outstanding amount of the infringement penalty and prescribed costs in respect of a lodgeable infringement offence.

This infringement warrant is issued under section 80 of the Infringements Act 2006 because, for a period of more than 28 days, you have defaulted in the payment of that fine or in the payment under a payment order.

WARRANT:Offence Date:Approximate Time of Offence:Infringement Offence:Approximate Place of Offence:

AMOUNT DUE AND PAYABLEOutstanding Amount of Fine:Warrant Issue Fee:TOTAL AMOUNT DUE UNDER INFRINGEMENT



52

AUTHORITY AND DIRECTIONS

To the Sheriff of Victoria,

You are to demand payment of the amount unpaid from the person named in this infringement warrant.

If this amount is paid, you must send it immediately to an Infringements Registrar.

If the amount is not paid:

You are authorised to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person.

You are further authorised—

(i) to seize the personal property of the person named in the infringement warrant; and

(ii) if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.

If the amount is partly paid you must reduce the amounts named in this infringement warrant by the amount paid, amend the execution copy of the infringement warrant, receive payment and forward it without delay to the Infringements Registrar.

Issued at: on:

Issued by: [name]


═══════════════



53

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.

The Infringements Regulations 2016, S.R. No. 56/2016 were made on 7 June 2016 by the Governor in Council under section 168 of the Infringements Act 2006, No. 12/2006 and came into operation on 26 June 2016: regulation 3.

The Infringements Regulations 2016 will sunset 10 years after the day of making on 7 June 2026 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



54

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

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



55

2 Table of AmendmentsThis publication incorporates amendments made to the Infringements Regulations 2016 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Infringements Amendment Regulations 2016, S.R. No. 101/2016Date of Making: 23.8.16Date of Commencement: 1.9.16: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



56

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



57

4 Explanatory detailsFee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.



58

Documents

Infringements Regulations 2016 - Victorian Legislation and …FILE/16-56… · Web view · 2017-12-30(m) that failure to pay ... (k)that the infringement penalty and any prescribed