Infringements (Consequential and Other Amendments) Act 2006

Infringements (Consequential and Other Amendments) Act 2006

Act No. 32/2006

table of provisions

SectionPage

Part 1—Preliminary

1.Purposes

2.Commencement

3.Principal Act

Part 2—Amendments to the Principal Act

4.Definitions

5.Guidelines

6.Infringement offences to which Principal Act applies

7.Official warnings do not affect other powers

8.Service of infringement notices

9.Section 13 substituted

13.Forms of infringement notice

10.Late payment

11.Having matter heard in Court

12.Enforcement agency can refer matter to Court

13.Withdrawal of infringement notice

14.Withdrawal

15.Application for internal review and additional information

16.Internal review

17.Review terminated if matter goes to Court

18.Penalty reminder notices

19.Person may elect to have matter heard and determined in Court

20.Expiation

21.Refunds of penalties

22.Decision to go to Court—lodgeable infringement offences

23.Avoiding service

24.Payment plans

25.Period for bringing proceedings

26.Lodgement

27.Extended period for lodgement for tolled roads

28.Enforcement orders

29.New section 63A inserted

63A.Application of Division

30.Revocation of enforcement orders

31.Avoiding service

32.Infringement warrants

33.Executing infringement warrant after 7 day period

34.Meaning of "person in default" in Part 8

35.Action under Part 8

36.Directions to suspend driver licence or vehicle registration

37.Direction not to renew driver licence or motor vehicle registration

38.Direction not to transfer registration

39.Miscellaneous amendments

40.New section 146A inserted

146A.Definition

41.Community work permits

42.Periods of work

43.Community work

44.Section 156 substituted

156.Breach of community work permit

45.Part payment

46.New section 157A inserted

157A.Hours worked reduces outstanding fines

47.Section 158 substituted

158.Application of this Division

48.Powers of the Court when infringement offender brought
before the Court

49.New section 161A inserted

161A.Term of imprisonment in default of payment of outstanding fines

50.Service of documents

51.New section 163A inserted

163A.Service deemed despite document being returned to sender

52.Regulations

53.Amendments to other Acts in the Principal Act

54.New Part 15 inserted

Part 15—Transitional and Savings
Provisions

186.Definition

187.General transitional provision

188.Infringement offences

189.Infringement notices

190.Form of infringement notice

191.Courtesy letters

192.Decision to go to Court

193.Payment plans

194.Infringement penalties registered under former scheme

195.Enforcement orders made and notices of enforcement order sent under former scheme

196.Applications for an order to pay fine by instalments
and extensions of time to pay under former scheme

197.Orders to pay fine by instalments and extension of
time to pay under former scheme

198.Pending revocation applications under former scheme

199.Enforcement orders revoked under former scheme

200.Pending hearings under the former scheme

201.Seven-day notice

202.Unexecuted warrants issued under former scheme

203.Former scheme warrants where execution has commenced

204.Registrars in PERIN Court

205.Superseded references

206.Enforcement agencies

207.PERIN offences

208.Deemed service

209.Clauses 28 and 29 of Schedule 7 continue to have
effect

210.Regulations dealing with transitional matters

Part 3—Amendments to Children and Young Persons Act 1989

55.Consequential amendments

56.Application and definitions

57.Repeal of provisions relating to courtesy letters and
instalments

58.Lodgement

59.New clauses 14 and 15 inserted

60.Repeal of Part 3 of Schedule 2A

Part 4—Amendments to Other Acts

Division 1—Road Safety Act 1986

61.Amendments to Part 6 of Road Safety Act 1986

62.Parking infringements

63.Traffic infringements

64.Effect of payment of penalty

65.Effect of drink-driving infringements, drug-driving
infringements and excessive speed infringements

66.Extension of time to object if no actual notice

67.Section 89E substituted

89E.Application of the Infringements Act 2006 to certain offences

68.Consequential amendments to the Road Safety Act1986

Division 2—Marine Act 1988

69.Marine infringements

70.Payment of penalty

71.Miscellaneous amendments to Marine Act 1988

72.Section 61C substituted

61C.Application of the Infringements Act 2006 to certain offences

73.Subject matter for regulations

Division 3—Transport Act 1983

74.Transport and ticket infringements

75.Safety work infringements

76.Section 215E substituted

215E.Application of Infringements Act 2006

77.Regulations

Division 4—Chattel Securities Act 1987

78.Definitions

Division 5—EastLink Project Act 2004

79.Miscellaneous amendments to EastLink Project Act2004

80.Expiation

81.Repeal of redundant sections of the EastLink Project Act 2004

82.Enforcement

83.Consequential amendments to EastLink Project Act2004

Division 6—Melbourne City Link Act 1995

84.Provision for infringement offences

85.Payment of penalties and further proceedings

Division 7—Infringement Offences—Liquor Control Reform Act1998

86.New offences

87.Consequential amendments

146.Effect of expiation

Division 8—Other Acts

88.Magistrates' Court Act 1989

89.New clause 36 to Schedule 8 inserted

36.Validation of service of certain documents under Schedule 7

90.Corrections Act 1986

91.Bail Act 1977

92.Consequential amendments to the Sentencing Act1991

93.Section 69 of the Sentencing Act 1991 substituted

69.Application to infringement enforcement procedure

Part 5—Consequential Amendments for Infringements Act 2006

94.Schedule

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SCHEDULE—Consequential Amendments for Infringements
Act2006

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Endnotes

SectionPage

Victoria

No. 32 of 2006

SectionPage

Infringements (Consequential and Other Amendments) Act 2006[†]

[Assented to 13 June 2006]

Act No. 32/2006

Infringements (Consequential and Other Amendments) Act 2006

Act No. 32/2006

Infringements (Consequential and Other Amendments) Act 2006

The Parliament of Victoriaenacts as follows:

Infringements (Consequential and Other Amendments) Act 2006

Act No. 32/2006

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to make amendments to, and provide for transitional arrangements for, the Infringements Act 2006;

(b)to amend the Children and Young Persons Act 1989 in relation to infringement offences;

(c)to amend the Road Safety Act 1986, the Marine Act 1988, the Transport Act 1983,the EastLink Project Act 2004 and the MelbourneCity Link Act 1995 in relation to infringement offences;

(d)to amend theChattel Securities Act 1987, the Bail Act 1977, the Magistrates' Court Act 1989, the Corrections Act 1986 and theSentencing Act 1991 in relation to infringement offences;

(e)to amend the Liquor Control Reform Act 1998 to enable certain offences against that Act to be enforced by infringement notice;

(f)to consequentially amend various Acts as a result of enactment of the Infringements Act 2006.

2.Commencement

s. 2

(1)This Part comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 53 is deemed to have come into operation on 11 April 2006.

(3)Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in sub-section (3) does not come into operation before 1 July 2007, it comes into operation on that day.

3.Principal Act

s. 3

See:
Act No.
12/2006.
LawToday:

dpc.vic.
gov.au

In this Act, the Infringements Act 2006 is called the Principal Act.

______

Part2—Amendments to the Principal Act

4.Definitions

s. 4

(1)In section 3(1) of the Principal Act—

(a)inthe definition of "additional steps", for "orregulations" substitute "or other instrument";

(b)in the definition of "infringement notice" after "served" insert "or to be served";

(c)for the definition of "infringement offence"substitute—

' "infringement offence" means an offence which may be the subject of an infringement notice under—

(a)any Act or statutory rule; or

(b)any local law; or

(c)any Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria;';

(d)insert the following definitions—

'"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18years but of or above the age of 10years but does not include any person who is of or above the age of 19yearswhen an infringement penalty is lodged under section 54 or registered under clause5 of Schedule2A to the Children and Young Persons Act 1989;

"local law"means a local law made under Part 5 of the Local Government Act 1989;'.

(2)In section 3(1) of the Principal Act, in the definition of "prescribed costs"—

(a)in paragraph (c), after "other Act;" insert "and";

(b)after paragraph (c) insert—

"(d)any other costs or fees prescribed in the regulations to be a prescribed cost;".

(3)In section 3(1) of the Principal Act—

(a) the definition of "fine units" is repealed;

(b)in the definition of "infringement offender" for "an infringement warrant" substitute "one or more infringement warrants".

(4)After section 3(2) of the Principal Act insert—

"(3)Nothing in the definition of "special circumstances" is to be taken as limiting any power of the Court to consider the circumstances of any person in a proceeding before the Court under this Act or any other Act.".

5.Guidelines

s. 5

In section 5(1) of the Principal Act—

(a)in paragraph (a)for "or regulations" substitute "or other instrument";

(b)in paragraph (c)(iv), after "warnings" insert "issued or".

6.Infringement offences to which Principal Act applies

s. 6

(1)In section 7(1) of the Principal Act, after "offences" insert ", including a local law which is a parking infringement within the meaning of the Road Safety Act 1986".

(2)Forsection 7(3) of the Principal Actsubstitute—

"(3) Subject to anything to the contrary in the Children and Young Persons Act 1989 or this Act, this Part and Parts 2 and 3 and Part13 (other than sections 164, 165 and166) of this Act apply to infringement notices issued to or served on a child for an infringement offence.".

(3)For section 7(4) of the Principal Actsubstitute—

"(4)Regulations made under this Act must not prescribe an infringement offence under a local law (other than a parking infringement) to be a lodgeable infringement offence.".

(4)Section 7(5) of the Principal Act is repealed.

7.Official warnings do not affect other powers

In section 10(d) of the Principal Act, for "orregulations" substitute "or other instrument".

8.Service of infringement notices

(1)In section 12(d) of the Principal Act—

(a)for "or regulations" substitute "or other instrument";

(b)after "offence" insert "or any other Act or other instrument".

(2)At the end of section 12 of the Principal Act insert—

"(2)Subject to any evidence to the contrary and despite anything to the contrary in section 49 of the Interpretation of Legislation Act 1984, an infringement notice served by post in accordance with sub-section (1)(b) is deemed to be served 14 days after the date of the infringement notice.

(3)An infringement notice served on a person less than 28 days before the date specified in the infringement notice as the due date for payment of the infringement penalty is invalid.

Note:See section 163A.".

9.Section 13 substituted

s. 9

For section 13 of the Principal Actsubstitute—

"13.Forms of infringement notice

An infringement notice must—

(a)be in writing and contain the prescribed details;

(b)state that—

(i)the person is entitled to elect to have the matter of the infringement offence heard and determined in the Court; or

(ii)in the case of an infringement notice served on a child, is entitled to have the matter of the infringement offence dealt with by the Children's Court in accordance with the Children and Young Persons Act 1989.".

10.Late payment

s. 10

For section 15(b) of the Principal Actsubstitute—

"(b)in the case of—

(i)a lodgeable infringement offence for which an infringement notice was served on a person other than a child, the details of the infringement penalty in respect of that offence have not been lodged with an infringements registrar under section 54; or

(ii)an infringement offence for which an infringement notice was served on a child, the details of the infringement penalty in respect of that offence have not been registered with the Children's Court under clause 5 of Schedule 2A to the Children and Young Persons Act 1989.".

11.Having matter heard in Court

(1)In the heading to section 16 of the Principal Act, after "Court" insert "or Children's Court".

(2)In section 16of the Principal Act—

(a)in sub-section (1), after "determined in" insert "the";

(b)in sub-section (2)(a) omit "89 and".

(3)After section 16(2) of the Principal Act insert—

"(3)Despite sub-section (1), if aperson served with an infringement notice is a child, that personmay elect to have the matter of the infringement offence heard and determined in the Children's Court—

(a)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, at any time before an enforcement order under that Schedule is made;

(b)in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".

12.Enforcement agency can refer matter to Court

s. 12

(1)In the heading to section 17 of the Principal Act, after "Court" insert "or Children's Court".

(2)In section 17(1) of the Principal Act, for "An" substitute "Subject to sub-section (3), an".

(3)In section 17(2)(a) of the Principal Actomit "89and".

(4)After section 17(2) of the Principal Act insert—

"(3)In the case of an infringement notice served on a child, an enforcement agency may withdraw the infringement notice and file a charge and summons in the Children's Court for the matter to be dealt withat any time—

(a)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, before an enforcement order under that Schedule is made;

(b)in the case of any other infringement offence, before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".

13.Withdrawal of infringement notice

s. 13

(1)For section 18(1)(b) of the Principal Act substitute—

"(b)in the case of an infringement offence for which an infringement penalty may be registered under clause 5 of Schedule 2A to the Children and Young Persons Act 1989, at any time before an enforcement order under that Schedule is made;

(c)in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.".

(2)In section 18(6)(a) of the Principal Actomit "88,89 and".

14.Withdrawal

(1)In section 19(b)(iv) of the Principal Act, for "orregulations" substitute "or other instrument".

(2)In section 20 of the Principal Act—

(a)in sub-section (1), after "under this Act" insert "or any other Act";

(b)in sub-section (2)(b)after "of this Act" insert "or any other Act".

15.Application for internal review and additional information

s. 15

(1)For section 22(2)(a)(i) of the Principal Actsubstitute—

"(i)in the case of—

(A)a lodgeable infringement offence for which an infringement notice was served on a person other than a child, at any time before the details of the infringement penalty in respect of that offenceare lodged with an infringements registrar under section54; or

(B)an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 5 of Schedule 2A to the Children and Young Persons Act 1989; and".

(2)In section 23 of the Principal Act—

(a)in sub-section (1), after "request" insert
"in writing";

(b)in sub-section (2), after "days" insert
"from the date of service of the request".

16.Internal review

(1)For section 24(3) of the Principal Actsubstitute—

"(3) An enforcement agency must—

(a)review a decision—

(i)within the prescribed time; or

(ii)if an enforcement agency requests additional information under section 23, within the prescribed time referred to in sub-paragraph(i) plus the period not exceeding 21 days after service of the request during which the review was suspended, whether or not the additional information was received by the agency; and

(b)within 21 days of deciding the review, serve on the applicant a written notice advising of the outcome of the review.".

(2)In section 25(1)(d) of the Principal Act—

(a)after "matter to" insert "the";

s. 16

(b)after "Part" insert "or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge and summons in the Children's Court for the matter to be dealt within that Court".

(3)In section 25(1)(e) of the Principal Act, for "orregulations" substitute "or other instrument".

(4)In section 25(3) of the Principal Act—

(a)after "matter to" insert "the";

(5)For section 26(1)(b) of the Principal Actsubstitute—

"(b)the due date specified in the penalty reminder notice; or

(c)within 14 days after the person has been served with written notice advising of the outcome of the review.".

(6)For section 26(2)(a)(ii) of the Principal Act substitute—

"(ii)the due date specified in the penalty reminder notice; or

(iii)within 14 days after the person has been served with written notice advising of the outcome of the review; and".

17.Review terminated if matter goes to Court

s. 17

(1)In the heading to section 27 of the Principal Act, after "Court" insert "or Children's Court".

(2)In section 27 of the Principal Act—

(a)after "determined in" insert "the";

(b)after "this Part" insert "or, in the case of an infringement notice served on a child, heard and determined in the Children's Court".

18.Penalty reminder notices

(1)In section 28 of the Principal Act, after "ThisDivision" insert ", except section 29,".

(2)In section 29(3) of the Principal Act, for "until the end of 28 days after service of the penalty reminder notice" substitute "for a period specified in the penalty reminder notice, being a period not less than 28 days after the penalty reminder notice has been served".

19.Person may elect to have matter heard and determined in Court

(1)In the heading to section 30 of the Principal Act, after "Court" insert "or Children's Court".

(2)In section 30(1) of the Principal Act, for "Court" substitute "the Court or, in the case of an infringement notice served on a child, heard and determined in the Children's Court".

(3)In section 30(2) of the Principal Act, for "inCourt" (where twice occurring) substitute
"in the Court or the Children's Court, as the case requires".

20.Expiation

s. 18

In the Principal Act—

(a)in section 32(2)(b), for "or regulations that create" substitute "or other instrument that creates";

(b)in section 35, for "or regulations" (wherever occurring) substitute "or other instrument".

21.Refunds of penalties

(1)In section 38(3)(a) of the Principal Act for "orrelevant regulation" substitute "or other instrument".

(2)In section 39 of the Principal Act—

(a)for "in Court" substitute "in the Court or the Children's Court, as the case requires";

(b) for "Court under this Part"substitute
"the Court under this Partor to the Children's Court, as the case requires".

22.Decision to go to Court—lodgeable infringement offences

(1)In section 40(1) of the Principal Act—

(a)after "determined in" insert "the";

(b)after "offence to" insert "the".

(2)In the note to section 40(2) of the Principal Act, after "applies to" insert "the enforcement of".

(3)After section 40(3) of the Principal Act insert—

"(4)This section does not apply to an infringement offence alleged to have been committed by a child and the Children and Young Persons Act 1989 applies in respect of such an infringement offence.".