Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

FINES REFORM AMENDMENT ACT 2017 (NO. 59 OF 2017)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF FINES REFORM ACT 2014--FAMILY VIOLENCE SCHEME

   3.      Definitions  
   4.      Functions and powers of the Director  
   5.      New Part 2B inserted  
   6.      Application for enforcement review  
   7.      Powers of the Magistrates' Court  
   8.      New section 192A inserted  
   9.      What can an enforcement agency decide on review?  

   PART 3--AMENDMENT OF FINES REFORM ACT 2014--ENFORCEMENT HEARING ORDERS

   10.     Definitions  
   11.     New Division 2A of Part 3 inserted  
   12.     Notice of final demand  
   13.     Content of notice of final demand  
   14.     Person may apply for payment arrangement  
   15.     Refusal of application for payment arrangement  
   16.     Offering proposed payment arrangements  
   17.     Content of payment arrangement  
   18.     Payment arrangements—removals  
   19.     Cancellation by request of person to whom payment arrangement applies  
   20.     Section 51 substituted  
   21.     Director's power to make payment arrangements  
   22.     Allocation of money received under payment arrangement  
   23.     Provision of current contact details  
   24.     Default on a payment arrangement results in other enforcement action  
   25.     Enforcement action on default, cancellation or removal if payment is not complete  
   26.     When can an attachment of earnings direction be made?  
   27.     Allocation of money under attachment of earnings direction  
   28.     When can an attachment of debts direction be made?  
   29.     Allocation of money under attachment of debts direction  
   30.     Application  
   31.     Director may serve notice of intention to charge land  
   32.     Issue of enforcement warrant  
   33.     Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit  
   34.     Warning of execution of enforcement warrant—seven-day notice  
   35.     Executing enforcement warrant after expiry of seven-day notice  
   36.     Reduction of imprisonment by payment of portion of registered fine  
   37.     Part 14 heading substituted  
   38.     Division 1 heading amended  
   39.     Section 163 substituted  
   40.     Infringement offender to be brought before the Magistrates' Court  
   41.     Powers of the Magistrates' Court  
   42.     Additional powers of the Magistrates' Court  
   43.     Term of imprisonment  
   44.     Variation of instalment order  
   45.     Application for rehearing in certain circumstances  
   46.     Determination of rehearing  
   47.     Application for bail pending rehearing  
   48.     Infringement offender in custody  
   49.     Reduction of imprisonment by payment of part of registered infringement fine  
   50.     Heading to Division 2 of Part 14 amended  
   51.     Application of the Director on behalf of person in custody  
   52.     Time served orders  
   53.     Orders of Magistrates' Court for any registered infringement fine or any remaining amount  
   54.     Additional powers of the Magistrates' Court  
   55.     Term of imprisonment including whether cumulative or concurrent  
   56.     Enforcement and payment report  
   57.     New sections 69FA and 69FB inserted  

   PART 4--AMENDMENT OF FINES REFORMACT 2014--ENFORCEMENT WARRANTS AND BAIL

   58.     Issue of enforcement warrant  
   59.     Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit  
   60.     Execution of enforcement warrant—contravention of community work permit  
   61.     Bail Act 1977 applies to person arrested  

   PART 5--AMENDMENT OF FINES REFORMACT 2014--ADMINISTRATIVE SERVICES AGREEMENTS

   62.     New Part 14A inserted  
   63.     New section 201B inserted  

   PART 6--AMENDMENT OF FINES REFORM ACT 2014--SERVICE REQUIREMENTS

   64.     Director may serve notice of intention to charge land  
   65.     Notice of intention to sell charged land  
   66.     Service of documents  
   67.     Section 181 substituted  

   PART 7--AMENDMENT OF FINES REFORM ACT 2014--MISCELLANEOUS AMENDMENTS

   68.     Commencement  
   69.     Definitions  
   70.     Powers to waive or reduce costs or fees  
   71.     Application for work and development permit  
   72.     Effect of work and development permit  
   73.     Registration of court fine for enforcement  
   74.     Registration of infringement fine with Director  
   75.     Application for enforcement review  
   76.     Time to pay, enter payment arrangement or apply for work and development permit if infringement confirmation served  
   77.     Person may apply for payment arrangement  
   78.     Payment arrangement has same effect as a full payment—demerit point schemes  
   79.     Bank account  
   80.     Service and effect of attachment of debts direction  
   81.     Obligations of bank or co-operative receiving or holding payments of garnishee on behalf of fine defaulter  
   82.     Enforcement fees and certain costs to be included  
   83.     Execution of enforcement warrant—contravention of community work permit  
   84.     Imprisonment of person on execution of enforcement warrant  
   85.     Warning of execution of enforcement warrant—seven-day notice  
   86.     Executing enforcement warrant after expiry of seven-day notice  
   87.     Stay of enforcement warrant  
   88.     Director must notify VicRoads of removal of number plates  
   89.     Recovery of motor vehicle by registered operator within prescribed period  
   90.     Certain agencies may give information for enforcement purposes  
   91.     New section 190A inserted  
   92.     Payment orders under Infringements Act 2006  
   93.     Definitions  
   94.     Persons may elect to have matter heard in Court or Children's Court  
   95.     Enforcement agency can refer matter to Court or Children's Court  
   96.     Withdrawal of infringement notice  
   97.     Application for internal review  
   98.     What can an enforcement agency decide on review?  
   99.     Payment plans available in certain circumstances  
   100.    Payment plans—additions, removals and cancellations  
   101.    Allocation of money received under payment plan  
   102.    New Division 3 inserted into Part 16  
   103.    Where impracticable to bring person arrested before court  
   104.    Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone  
   105.    Sections 277, 278 and 279 repealed  
   106.    Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone  
   107.    Extension of time if no actual notice for certain traffic infringements  

   PART 8--MISCELLANEOUS AMENDMENTS OF OTHER ACTS

           Division 1--Bail Amendment (Stage One) Act 2017

   108.    Section 23 repealed  

           Division 2--Amendment of Children, Youth and Families Act 2005

   109.    Schedule 3 amended  

           Division 3--Amendment of Infringements Act 2006

   110.    Definitions  
   111.    Enforcement agency guidelines and policies  
   112.    Withdrawal of infringement notice  
   113.    Application for internal review  
   114.    What can an enforcement agency decide on review?  
   115.    Time to pay if decision confirmed  
   116.    Penalty reminder notices  
   117.    Expiating the offence  
   118.    Extension of time for commencement of proceedings if work and development permit cancelled  
   119.    Payment plans available in certain circumstances  
   120.    Payment plans  
   121.    Payment plans—additions, removals and cancellations  
   122.    Allocation of money received under payment plan  
   123.    Payment plans may extend period for commencing proceedings for offence  
   124.    Service deemed despite document being returned to sender  

           Division 4--Amendment of Magistrates' Court Act 1989

   125.    Repeal of Part 6A  

           Division 5--Amendment of Road Safety Act 1986

   126.    Use of effective statement to avoid liability  

           Division 6--Amendment of Sentencing Act 1991

   127.    Definitions  
   128.    Fine conversion order  
   129.    Order of court if material change in circumstances of offender  
   130.    Other orders of court  
   131.    Provisions applying to a superannuation order  
   132.    New section 163 inserted  

           Division 7--Amendment of Sheriff Act 2009

   133.    Power to temporarily restrain person hindering execution of warrant  
   134.    Power to direct a person to do something  
   135.    Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee  

   PART 9--REPEAL OF AMENDING ACT

   136.    Repeal of amending Act  
           ENDNOTES


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback