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JUSTICE LEGISLATION AMENDMENT (FINES REFORM AND OTHER MATTERS) ACT
2022 (NO. 17 OF 2022)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF FINES REFORM ACT 2014
Division 1--Fines Reform Act 2014 amendments
3. Definitions
4. New section 3A inserted
5. Functions and powers of the Director
6. Effect of work and development permit
7. Infringement fine may be waived in limited circumstances
8. New section 10FA inserted
9. FVS application to be made before certain enforcement related events
10. FVS applicant ineligible for family violence scheme
11. Extended period for registration
12. Person may apply for a payment arrangement
13. Provision of current contact details
14. New section 95A inserted
15. Power of Director to apply for land charge to be recorded
16. Execution of enforcement warrant—fine defaulter other than person in contravention of community work permit
17. What can be done during period of the seven-day notice?
18. Director must waive payment of relevant infringement fines if section 171AC does not apply
19. Enforcement and payment report
20. Right of intervention in management
21. Director or sheriff may request required information from specified agency for purpose of enforcing registered fines
22. Restriction on Director and sheriff in relation to use of required information
23. Section 177 substituted
24. Certain agencies may give information for enforcement purposes
25. New section 184A inserted
26. Regulations
Division 2--Further Fines Reform Act 2014 amendments
27. Definition
28. New section 10AA inserted
29. Work and development permits
30. Application for work and development permit
31. Effect of work and development permit
32. Infringement fine may be waived in limited circumstances
33. Work and development permit guidelines
34. Referral for collection of court fine by Director
35. Court fine collection statement
36. Referral of enforcement hearing orders to Director for collection
37. Registration of infringement fine with Director
37A. Director may decide that enforcement of infringement offence under this Act is not appropriate
38. New section 32A inserted
39. Request for additional information
40. Issue of enforcement warrant
41. Warning of execution of enforcement warrant—seven-day notice
42. Executing enforcement warrant after expiry of seven-day notice
43. Amendment of Part 14 heading
44. Definitions for Part 14
45. Amendment of Division 1A of Part 14 heading
46. Section 171AA substituted
47. Request to Director for waiver or to make application for time served order
48. Appropriate action—application to the Magistrates' Court by Director
49. Director must waive payment of relevant infringement fines if section 171AC does not apply
50. Effect of waiving payment of outstanding amount of relevant infringement fine
51. Amendment of Division 2 of Part 14 heading
52. New section 171AF inserted
53. Application of the Director on behalf of person in custody
54. Time served orders
55. Orders of Magistrates' Court for any relevant infringement fine or any remaining amount
56. Additional powers of the Magistrates' Court
57. Term of imprisonment including whether cumulative or concurrent
58. Contact details of person
59. Variation of instalment order
60. Application for rehearing in certain circumstances
61. Determination of rehearing
62. Application for bail pending rehearing
63. New section 171L inserted
64. Enforcement and payment report
65. Service of documents
PART 3--AMENDMENT OF INFRINGEMENTS ACT 2006
66. Guidelines
67. New section 6A inserted
68. New section 21A inserted
69. New section 31AA inserted
70. Expiating the offence
71. Effect of expiation
72. Decision to go to Court
73. Reports and recommendations to Attorney-General
74. Service of documents
75. New section 167A inserted
76. Regulations
PART 4--AMENDMENT OF MAGISTRATES' COURT ACT 1989
77. Section 137A repealed
PART 5--AMENDMENT OF ROAD SAFETY ACT 1986
78. Suspension of motor vehicle or trailer registration
79. Extension of time if no actual notice for certain traffic infringements
80. Traffic infringements
PART 6--AMENDMENT OF SENTENCING ACT 1991
81. Definitions
82. Person may consent to imprisonment in respect of unpaid fines
83. Issue of warrant to arrest person in default
84. Who may execute warrant?
85. Order of court if material change in circumstances of offender
86. Enforcement of fines against bodies corporate
PART 7--AMENDMENT OF SHERIFF ACT 2009
Division 1--Amendments relating to warrants
87. Definitions
88. Execution and return of warrants and other processes
89. Execution of warrants that are in electronic form
90. Power to temporarily restrain person hindering execution of warrant or exercising of power under Fines Reform Act 2014
91. Power to direct a person to do something
92. New section 33A inserted
93. Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee
Division 2--Amendments relating to service of foreign and interstate documents
94. Definitions
95. New Division 2A of Part 5 inserted
96. Regulations
PART 8--AMENDMENT OF TAXATION ADMINISTRATION ACT 1997
97. Permitted disclosures to particular persons or for particular purposes
PART 9--AMENDMENT OF TOLLING ACTS
Division 1--Amendment of EastLink Project Act 2004
98. Definition
99. Freeway Corporation may notify enforcement agency of non-payment of toll
100. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 2--Amendment of Melbourne City Link Act 1995
101. Definitions
102. Relevant corporation or authorised person may notify enforcement agency of non-payment of toll
103. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
Division 3--Amendment of North East Link Act 2020
104. Definitions
105. Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll
106. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
107. Granting extension of time
Division 4--Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019
108. Definitions
109. Relevant West Gate Tunnel Corporation or authorised person may notify enforcement agency of non-payment of toll
110. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone
111. Granting extension of time
PART 10--AMENDMENT OF TRANSFER OF LAND ACT 1958
112. Sale under writ of fieri facias or decree of Supreme Court etc.
PART 11--REPEAL OF THIS ACT
113. Repeal of this Act
ENDNOTES
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