Infringements and Other Acts Amendment Act 2008

Infringements and Other Acts Amendment Act 2008

No. 9 of 2008

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Trial Expansion of Enforcement by Infringement Notice

4Effect of suspension of licence or permit under Liquor Control Reform Act 1998

5Infringement offences—Liquor Control Reform Act1998

6Consumption or supply of liquor on buses—Liquor Control Reform Act 1998

7Power to serve infringement notice—Liquor Control Reform Act1998

8Infringement penalties—Liquor Control Reform Act 1998

9Summary Offences Act 1966

10New section 74A inserted—Crimes Act 1958

74AShop theft

11Repeal of amendments relating to trial period

Part 3—Miscellaneous Amendments to the Principal Act

12Request for additional information

13Review by enforcement agency

14Decision to go to Court—lodgeable infringement offences

15New section 40A inserted

40AGoing to Court—indictable offences

16Payment plans may extend period for bringing proceedings
for offence

17Lodgement of infringement penalty with infringements
registrar

18Extended period for lodgement

19Expiry of enforcement orders

20Reinstatement after enforcement order has expired

21Power to vary costs or fees

22New section 71A inserted

71AGoing to Court—indictable offences

23Application of Part 7

24Detention, immobilisation and sale of motor vehicles

25Seizure and sale and recovery by third party

26Return of motor vehicle or item of low monetary value

27Application of proceeds of sale and good title

28Meaning of person in default in Part 8

29Action under Part 8

30Sheriff may direct VicRoads to suspend driver licence

31When does suspension of driver licence cease?

32Sheriff may direct VicRoads to suspend vehicle registration

33When does suspension of registration cease?

34Direction not to renew driver licence or motor vehicle registration

35Renewal of licence or registration

36Direction not to transfer registration

37When can transfer of registration occur?

38Section 122 substituted

122Application of Part

39Charges over and sale of real property

40Powers of the Court

Part 4—Amendments to Other Acts

41Amendment of Children, Youth and Families Act2005

42Amendment of Melbourne City Link Act 1995

43Amendment of Subordinate Legislation Act 1994

44New section 121A inserted in Supreme Court Act1986

121APower to temporarily restrain

45Amendment of Surveillance Devices Act 1999

Part 5—General

46Repeal of Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Infringements and Other Acts Amendment Act 2008[†]

No. 9 of 2008

[Assented to 18 March 2008]

Infringements and Other Acts Amendment Act 2008
No. 9 of 2008

The Parliament of Victoriaenacts:

Part 5—General

Infringements and Other Acts Amendment Act 2008
No. 9 of 2008

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Liquor Control Reform Act 1998, the Summary Offences Act 1966 and the Crimes Act 1958 to provide for a trial period of enforcement of certain offences by infringement notice;

(b)to make miscellaneous amendments to the Infringements Act 2006 to refine the operation of aspects of that Act;

(c)to make various amendments to other Acts which interact with the Infringements Act 2006;

(d)to amend the Supreme Court Act 1986 to further provide for sheriff's powers in executing civil warrants.

2Commencement

s. 2

(1)Subject to subsection (3), this Act, other than section 11, comes into operation on a day or days to be proclaimed.

(2)Subject to subsection (4), section 11 comes into operation on a day to be proclaimed.

(3) If a provision of this Act, other than section 11, does not come into operation before 1 January 2009, it comes into operation on that day.

(4) If section11 does not come into operation before 1 July 2011, it comes into operation on that day.

3Principal Act

See:
Act No.
12/2006.
Reprint No. 1
as at
1 July 2006
and amending
Act Nos
48/2006, 79/2006, 81/2006, 29/2007 and 30/2007.
LawToday:
www.
legislation.
vic.gov.au

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

______

Part 2—Trial Expansion of Enforcement by Infringement Notice

See:
Act No.
94/1998.
Reprint No. 3
as at
5 April 2006
and amending
Act Nos
97/2005, 24/2006, 32/2006 and 80/2006.
LawToday:
www.
legislation.
vic.gov.au

4Effect of suspension of licence or permit under Liquor Control Reform Act 1998

s. 4

In section 97(2) of the Liquor Control Reform Act 1998, for "section 113(1)(c) or (d)" substitute "section 113(1B) or (1C)".

5Infringement offences—Liquor Control Reform Act1998

(1)For section 113(1) of the Liquor Control Reform Act 1998substitute—

"(1) A person must not consume or supply liquoron any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.

Penalty:50 penalty units.

(1A)A person must not have in possession or under control any liquor other than liquor in a sealed container on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.

Penalty:50 penalty units.

(1B)A person must not permit or allow any liquor to be consumed or supplied on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.

Penalty:50 penalty units.

(1C)A person must not permit or allow any liquor other than liquor in a sealed container to be in the possession or under the control of a person on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises.

Penalty:50 penalty units.".

(2)Section 114(d) of the Liquor Control Reform Act 1998 is repealed.

(3)At the end of section 114 of the Liquor Control Reform Act 1998insert—

"(2)A person who is drunk, violent or quarrelsome must not refuse or fail to leave licensed premises if requested to do so by—

(a)the licensee or permittee; or

(b)an employee or agent of the licensee or permittee; or

(c)a member of the police force.

Penalty:20 penalty units.".

6Consumption or supply of liquor on buses—Liquor Control Reform Act 1998

s. 6

In section 113A(2) of the Liquor Control Reform Act 1998, for "section 113(1)(c)" substitute "section 113(1B)".

7Power to serve infringement notice—Liquor Control Reform Act1998

s. 7

In section 141(2) of theLiquor Control Reform Act 1998—

(a)after paragraph (fa) insert—

"(fb)section 113(1), (1A), (1B) or (1C) (consuming or having liquor on unlicensed premises);";

(b)in paragraph (g) for "section 114 (except paragraph (d))" substitute "section 114(1)";

(c)after paragraph (g) insert—

"(ga)section 114(2) (refusal or failure by person who is drunk, violent or quarrelsome to leave licensed premises when requested to do so);".

8Infringement penalties—Liquor Control Reform Act 1998

(1)After section 141(1A) of the Liquor Control Reform Act 1998 insert—

"(1B)Despite subsection (1), an infringement notice must not be served under subsection (1) on a person who is under 18 years of age at the time of the alleged offence in respect of the following offences—

(a)an offence against section 113(1), (1A), (1B) or (1C);

(b)an offence against section 114(1);

(2)After section 144(2) of the Liquor Control Reform Act 1998 insert—

"(3)Despite subsection (1), the infringement penalty for an offence against section 113(1), (1A), (1B) or (1C) is 2 penalty units.".

See:
Act No.
7405.
Reprint No. 9
as at
14 September 2005
and amending
Act Nos
16/2004, 97/2005, 23/2006, 24/2006, 32/2006, 63/2006and 49/2007.
LawToday:
www.
legislation.
vic.gov.au

9Summary Offences Act 1966

s. 9

(1)After section 60AA(1) of the Summary Offences Act 1966insert—

"(1A)A member of the police force may serve an infringement notice on any person that he or she has reason to believe has committed an offence against the following sections—

(a)section 9(1)(c);

(b)section 17(1)(c);

(c)section 17(1)(d).

(1B)An infringement notice under subsection (1A) must not be served on a person who is under 18 years of ageat the time of the alleged offence.".

(2)In section 60AA(2) of the Summary Offences Act 1966 after "subsection (1)" insert "or (1A)".

(3)At the end of section 60AB of the Summary Offences Act 1966insert—

"(2)Despite subsection (1), the infringement penalty for an alleged offence against section 9(1)(c), 17(1)(c) or 17(1)(d) for which an infringement notice may be served is 2penalty units.".

See:
Act No.
6231.
Reprint No. 19
as at
1 December 2006
and amending
Act Nos
16/2004, 97/2005, 23/2006, 48/2006, 50/2006, 76/2006, 32/2007and 50/2007.
LawToday:
www.
legislation.
vic.gov.au

10New section 74A inserted—Crimes Act 1958

s. 10

After section 74 of the Crimes Act 1958insert—

"74A Shop theft

(1)Despite section 74 and anything to the contrary in this Division, a member of the police force may serve an infringement notice on any person if he or she believes on reasonable groundsthat the theft is shop theft.

(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning oftheInfringements Act 2006.

(3)The infringement penalty for an offence for which an infringement notice may be served under this section is 2 penalty units.

(4)An infringement notice under this section must not be served on a person who is under 18 years of ageat the time of the alleged offence.

Note

The Infringements Act 2006 provides that, subject to that Act and any other Act, a person who pays an infringement penalty and any prescribed costs within the time required under that Act expiates the offence by that payment. Section 33 of that Act provides that, generally, expiation means that no further proceedings may be taken against the person for that offence and no conviction is taken to have been recorded against the person for that offence. Payment is not to be taken as an admission of guilt or liability and payment is not to be referred to in any report provided to a court for the purposes of determining sentence for an offence.

(5)For the purposes of this section—

retail premises means the whole or any part of a building, structure or place or any vehicle—

(a)that is used wholly or predominantly for the retail sale of goods; and

(b)in or at which goods are sold or exposed or offered for sale by retail on one or more occasions;

shop theft means theft from retail premises of property which is goods valued at, or displayed for sale at, a price less than $600.".

11Repeal of amendments relating to trial period

s. 11

(1)In the Liquor Control Reform Act 1998—

(a)section 141(1B) is repealed;

(b)in section 141(2), paragraphs (fb) and (ga) are repealed;

(2)In the Summary Offences Act 1966—

(a)section60AA(1A) and (1B) arerepealed;

(b)in section 60AA(2) omit "or (1A)";

(c)section 60AB(2) is repealed.

(3)Section 74A of the Crimes Act 1958 is repealed.

______

Part 3—Miscellaneous Amendments to the Principal Act

12Request for additional information

s. 12

For section 23(2), (3) and (4) of the Principal Act substitute—

"(2)If an enforcement agency makes a request under subsection (1) , it must suspend the review until the earlier of—

(a) 35 days from the date specified in the document making the request as the date of the document; or

(b)the date when the additional information is provided.

(3)Within 14 days of service of the request for additional information by the enforcement agency, the applicant—

(a)must provide the additional information; or

(b)if additional time is required, may request in writing an extension of time to provide the additional information.

(4)If theapplicant requestsadditional time in accordance with subsection (3)(b), the enforcement agency may—

(a)refuse to extend the time for the provision of the additional information; or

(b)grant an extension of time for that information to be provided.

(5)If an enforcement agency grants an extension of time under subsection (4)(b), the agency must inform the applicant in writing of the period of the extension.

(6)If an applicant fails to provide the informationrequested under subsection (1) to the enforcement agency within the period specified in subsection (3) or, if an extension is granted under subsection (4)(b), within the period of that extension, the enforcement agency—

(a)may review the decision under section24 without the additional information; or

(b)despite subsections (3) and (4)—

(i)if the applicant provides the additional information to the enforcement agency out of time, may accept that late information; and

(ii)may review the decision under section 24 with that late information.".

13Review by enforcement agency

s. 13

For section 24(3)(a)(ii) of the Principal Act substitute—

"(ii)if an enforcement agency requests additional information under section23, within the prescribed period referred to in subparagraph(i) plus 35days, whether or not the additional information was received by the agency; and".

14Decision to go to Court—lodgeable infringement offences

In section 40(3) of the Principal Act, for "Without" substitute "Subject to section 40A, without".

15New section 40A inserted

s. 15

After section 40 of the Principal Act insert—

"40A Going to Court—indictable offences

If a person has been served with an infringement notice in respect of a lodgeable infringement offence which is an indictable offence and the person elects under this Part to have the matter heard and determined in the Court or an enforcement agency refers the matter to the Court under this Part, section 53 of the Magistrates' Court Act 1989 applies as if the person had been charged before the Court with that indictable offence.".

16Payment plans may extend period for bringing proceedings for offence

(1)In section 53(1) of the Principal Act, omit "other than a lodgeable infringement offence" (wherever occurring).

(2)The note at the foot of section 53 of the Principal Act is repealed.

17Lodgement of infringement penalty with infringements registrar

For section 54(2)(g) and (h) of the Principal Actsubstitute—

"(g)if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the person was at the time of the infringement offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence; and

(h)if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004, the person was at the time of the trip to which the infringement offence relates the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986) in relation to the vehicle involved in the offence.".

18Extended period for lodgement

s. 18

After section 55(h) of the Principal Act insert—

"(ha)if a nomination of a kind specified in paragraph (h) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination, no more than 6 months after the date of cancellation of the nomination; or".

19Expiry of enforcement orders

After section 62(4) of the Principal Act insert—

"(5)In this section, a reference to an enforcement order includes an enforcement order reinstated under section 63.".

20Reinstatement after enforcement order has expired

(1)For section 63(3) of the Principal Act substitute—

"(3)An enforcement order that has expired may only be reinstated once by an infringements registrar under this section.".

(2)Section 63(4) of the Principal Act is repealed.

21Power to vary costs or fees

s. 21

In section 67 of the Principal Act—

(a)in subsection (1) after "section 65(1)(b)" insert "or (c)";

(b)subsection (3) is repealed.

22New section 71A inserted

After section 71 of the Principal Act insert—

"71A Going to Court—indictable offences

If a person has been served with an infringement notice in respect of an infringement offence which is an indictable offence and the matter is referred to the Court under this Part or an order is made under section 72(1), section 53 of the Magistrates' Court Act 1989 applies as if the person had been charged before the Court with that indictable offence.".

23Application of Part 7

In section 95(1) of the Principal Act—

(a)for "an infringement warrant has" substitute "one or more infringement warrants have";

(b)after "person" insert "in respect of the infringement warrant or those infringement warrants, as the case requires".

24Detention, immobilisation and sale of motor vehicles

(1)In section 96(1) of the Principal Act, for "an infringement warrant has" substitute "one or more infringement warrants have".

(2)In section 97(1)(e)(i) of the Principal Act, for
"an infringement warrant has" substitute "one or more infringement warrants have".

(3)In section 99(1)(a) of the Principal Act, for "an infringements warrant has" substitute "one or more infringement warrants have".

(4)In section 100(1) of the Principal Act—

(a)in paragraph (a)(i), after "warrant" insert
"or warrants, as the case requires,";

(b)for paragraph (b) substitute—

"(b)the registered operator becomes subject to a payment order;";

(c)in paragraph (c) for "person against whom an infringement warrant has been issued" substitute "registered operator";

(d)in paragraph (f), after "warrant" insert
"or warrants, as the case requires,";

s. 24

(e) in paragraph (h)—

(i)after "warrant" insert "or warrants, as the case requires,";

(ii)after "has" insert "or have";

(f)in paragraph (i)—

(i)after "warrant" insert "or warrants, as the case requires,";

(ii)after "has" insert "or have";

(5)In section 100(2) of the Principal Act—

(a)after "warrant" insert "or warrants, as the case requires,";

(b)after "was" insert "or were".

25Seizure and sale and recovery by third party

s. 25

(1)In section 101 of the Principal Act—

(a)in subsection (1), for "an infringement warrant" substitute "one or more infringement warrants";

(b)in subsection (2)(b),after "warrant" insert "or warrants, as the case requires,".

(2)In section 102 of the Principal Act—

(a)in subsection (1), for "an infringement warrant has" substitute "one or more infringement warrants have";

(b)in subsection (3)—

(i)after "warrant" insert "or warrants, as the case requires,";

(ii)after "was" insert "or were".

26Return of motor vehicle or item of low monetary value

In section 103(1)(a) and (2)(a) of the Principal Act, after "the infringement warrant"insert
"or warrants, as the case requires,".

27Application of proceeds of sale and good title

(1)In section 104(d) of the Principal Act, after "warrant" insert "or warrants, as the case requires".

(2)In section 106(2) of the Principal Act for "an infringements warrant was" substitute "one or more infringement warrants were".

28Meaning of person in default in Part 8

s. 28

(1)In section 108(1) of the Principal Act—

(a)for paragraph (a) substitute—

"(a)one or more infringement warrants have been issued against the person; and";

(b)in paragraph (b) after "person" insert
"in respect of that infringement warrant or those infringement warrants, as the case requires";

(i)in subparagraph (i) after "warrant" insert "or those infringement warrants, as the case requires";

(ii)in subparagraph (ii) after "warrant" insert "or those warrants, as the case requires";

(iii)in subparagraph (iii) after "order" insert "or orders (as the case requires) in respect of which the infringement warrant was, or infringement warrants were, issued".

(2)In section 108(2) of the Principal Act after "this Part" insert "in respect of any infringement warrant or enforcement order to which the application relates".

29Action under Part 8

After section 109(3) of the Principal Act insert—

"(4)Without limiting any other power under this Part, the sheriff may make one direction under this Part in respect of multiple infringement warrants issued against a person in default.".

30Sheriff may direct VicRoads to suspend driver licence

s. 30

(1)In section 110(2) of the Principal Act—

(a)in paragraph (a) after "warrant" insert
"or warrants, as the case requires";

(b)in paragraph (b) after "order" insert "in respect of the amount outstanding to which the proposed direction under subsection (1) relates";

(c)in paragraph (c) after "order" insert "or orders (as the case requires) in respect of the amount outstanding to which the proposed direction under subsection (1) relates".

(2)For section 110(3) of the Principal Act substitute—

"(3) Despite subsection (2)(b) or (c), if—

(a)a notice of intention to make a direction under subsection (2) relates to only one infringement warrant; and

(b)the person on whom that notice of intention to make a direction was served has made an application for a payment order under section 76 or an application under section 65 for the revocation of an enforcement order (asthe case requires) in respect of that infringement warrant which has not been determined—