Infringements (General) Regulations 2006

i Infringements (General) Regulations 2006 S.R. No. 76/2006 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Revocation 2 5. Definitions 2 PART 2—DEFINED TERMS FOR THE PURPOSES OF THE ACT 4 6. Enforcement agencies 4 7. Criteria for determining homelessness 4 8. Specified agencies 4 PART 3—FEES, COSTS AND CHARGES 5 9. Prescribed costs 5 10. Warrant issue fee 5 11. Exemption from fees, costs and charges 5 PART 4—LODGEABLE INFRINGEMENT OFFENCES 7 12. Lodgeable infringement offences prescribed 7 PART 5—GOING TO COURT 8 13. Information to be lodged with the Court 8 PART 6—LODGING INFRINGEMENT PENALTIES AND ENFORCEMENT ORDERS 9 14. Prescribed minimum lodgeable infringement penalty amount 9 15. Enforcement order notice 9 16. Prescribed information when matter referred to Court 10 -- 1 of 44 -- Regulation Page ii PART 7—INFRINGEMENT WARRANTS 11 17. Electronic infringement warrant 11 18. Seven-day notice—prescribed details 11 19. Prescribed persons 11 20. Consent to seizure of personal property 12 PART 8—DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES 14 21. Recovery and seizure and sale of detained or immobilised vehicle 14 PART 9—ORAL EXAMINATION 15 22. Statement of financial circumstances 15 PART 10—ATTACHMENT OF EARNINGS ORDERS AND ATTACHMENT OF DEBTS ORDERS 18 Division 1—Application of Part 10 of the Act 18 23. Application of Part 10 18 Division 2—Attachment of Earnings Orders 18 24. Application for attachment of earnings order 18 25. Discharge, variation or suspension of attachment of earnings order 19 26. Cessation of attachment of earnings order 20 Division 3—Attachment of Debts Orders 20 27. Application for attachment of debts order 20 28. Variation, discharge or suspension of attachment of debts order 21 29. Discharge of garnishee 22 PART 11—CHARGES OVER AND SALE OF REAL PROPERTY 23 30. Prescribed amount for the purposes of Part 11 of the Act 23 31. Notice of intention to sell land 23 32. Service of notice of intention to sell land 24 PART 12—COMMUNITY WORK PERMITS 25 33. Regional Manager to keep records 25 34. Lawful instructions and directions 25 35. Matters to be specified in community work permit 26 36. Commencement of community work permit 27 37. Application for variation or cancellation of community work permit 27 -- 2 of 44 -- Regulation Page iii 38. How fines on community work permit can be paid 28 39. Copies of community work permits to be provided to Regional Manager 29 40. Nature of unpaid community work 29 41. Obligations of infringement offender subject to community work permit 30 PART 13—GENERAL 32 42. Service 32 43. Expiry 32 __________________ SCHEDULES 33 SCHEDULE 1—Enforcement Agencies 33 SCHEDULE 2—Specified Agencies for the Purposes of Section 164 35 SCHEDULE 3—Lodgeable Infringement Offences 38 ═══════════════ ENDNOTES 39 INDEX 40 -- 3 of 44 -- 1 STATUTORY RULES 2006 S.R. No. 76/2006 Infringements Act 2006 Infringements (General) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 27 June 2006 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council PART 1—PRELIMINARY 1. 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 enforcement of infringement penalties under that Act; (d) procedural matters relating to oral examination, attachment of earnings orders and attachment of debts orders under that Act; -- 4 of 44 -- Part 1—Preliminary Infringements (General) Regulations 2006 S.R. No. 76/2006 2 (e) procedural and administrative matters relating to community work permits issued under that Act; (f) 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 1 July 2006. 4. Revocation (1) Regulation 401 of the Magistrates' Court General Regulations 2000 1 is revoked. (2) Parts 10 and 12 of the Magistrates' Court General Regulations 2000 are revoked. (3) Schedules 6, 7, 9 and 11 to the Magistrates' Court General Regulations 2000 are revoked. (4) In the table to regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001 2 — (a) omit the heading "Fees and Costs for enforcement of infringement penalties"; and (b) the items numbered 15, 16, 17 and 18 are revoked. 5. Definitions In these Regulations— "the Act" means the Infringements Act 2006; "drug of dependence" has the same meaning as it has in section 4 of the Drugs, Poisons and Controlled Substances Act 1981; r. 2 -- 5 of 44 -- Part 1—Preliminary Infringements (General) Regulations 2006 S.R. No. 76/2006 3 "Infringements Court" has the same meaning as it has in section 3 of the Magistrates' Court Act 1989; "Regional Manager" means Regional Manager appointed under Part 4 of the Corrections Act 1986. __________________ r. 5 -- 6 of 44 -- Part 2—Defined Terms for the Purposes of the Act Infringements (General) Regulations 2006 S.R. No. 76/2006 4 PART 2—DEFINED TERMS FOR THE PURPOSES OF THE ACT 6. Enforcement agencies A person or body or class of person or body described or specified in Schedule 1 is a prescribed person or body or class of person or body (as the case requires) for the purposes of paragraph (c) of the definition of "enforcement agency" in section 3 of the Act. 7. Criteria for determining homelessness For the purposes of paragraph (c) of the definition of "special circumstances" in section 3 of the Act, the prescribed criteria for determining that a person is homeless is that the person satisfies one or more of the following— (a) the person is living in crisis accommodation; or (b) the person is living in transitional accommodation; or (c) the person is living in any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or (d) the person has inadequate access to safe and secure housing as defined in section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth. 8. Specified agencies For the purposes of section 164(1)(b) of the Act, a person or body described or specified in Schedule 2 is prescribed as a specified agency. __________________ r. 6 -- 7 of 44 -- Part 3—Fees, Costs and Charges Infringements (General) Regulations 2006 S.R. No. 76/2006 5 PART 3—FEES, COSTS AND CHARGES 9. Prescribed costs For the purposes of the definition of "prescribed costs" in section 3 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, 1⋅8 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, 3⋅9 fee units; and (c) for the purposes of section 59(1) of the Act, when an enforcement order is made, 2⋅1 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 4⋅4 fee units. 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 member acting in the course of his or her duty; and (b) a person acting for or by authority of the Crown. r. 9 -- 8 of 44 -- Part 3—Fees, Costs and Charges Infringements (General) Regulations 2006 S.R. No. 76/2006 6 (2) Despite sub-regulation (1), any fee, cost or charge which 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. __________________ r. 11 -- 9 of 44 -- Part 4—Lodgeable Infringement Offences Infringements (General) Regulations 2006 S.R. No. 76/2006 7 PART 4—LODGEABLE INFRINGEMENT OFFENCES 12. Lodgeable infringement offences prescribed An offence against an Act, regulation or other instrument listed in an item in Schedule 3 is a lodgeable infringement offence for the purposes of enforcement under the Act. Note: See also section 207 of the Act. __________________ r. 12 -- 10 of 44 -- Part 5—Going to Court Infringements (General) Regulations 2006 S.R. No. 76/2006 8 PART 5—GOING TO COURT 13. 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— (a) in respect of the offender, the offender's name and address; and (b) in respect of the infringement offence alleged to have been committed— (i) the date, approximate place and, if available, approximate time of the infringement offence; and (ii) the relevant provision of the Act or other instrument that creates the infringement offence; and (iii) a brief description of the infringement offence; and (c) in respect of the enforcement agency— (i) the name of the enforcement agency; and (ii) either the name of the issuing officer or the agency identifying reference of the issuing officer (if any). __________________ r. 13 -- 11 of 44 -- Part 6—Lodging Infringement Penalties and Enforcement Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 9 PART 6—LODGING INFRINGEMENT PENALTIES AND ENFORCEMENT ORDERS 14. 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. 15. Enforcement order notice For the purposes of section 60(3)(d) of the Act, the prescribed details which an enforcement order notice must contain are— (a) that it is an enforcement order notice; (b) the name and address of the person against whom the enforcement order is made, and (c) if the person— (i) is a natural person, his or her date of birth (if known); or (ii) is 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; r. 14 -- 12 of 44 -- Part 6—Lodging Infringement Penalties and Enforcement Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 10 (j) that an additional fee will be incurred if an infringement warrant is issued; (k) a statement that if the person served with an enforcement order notice does not understand the document, that person should seek advice from a Registrar of the Court, a lawyer or Victoria Legal Aid. Note: Section 60(3) of the Act sets out details of further information that the enforcement order notice must contain. 16. Prescribed information when matter referred to Court For the purposes of section 71(1) of the Act, the prescribed information which an infringements registrar must lodge with the Court is— (a) in respect of the offender, the offender's name and address; and (b) in respect of the infringement offence alleged to have been committed— (i) the date, approximate place and, if available, approximate time of the infringement offence; and (ii) the relevant provision of the Act or other instrument that creates the infringement offence; and (iii) a brief description of the infringement offence; and (c) in respect of the enforcement agency— (i) the name of the enforcement agency; and (ii) either the name of the issuing officer or the agency identifying reference of the issuing officer (if any). __________________ r. 16 -- 13 of 44 -- Part 7—Infringement Warrants Infringements (General) Regulations 2006 S.R. No. 76/2006 11 PART 7—INFRINGEMENT WARRANTS 17. Electronic infringement warrant For the purposes of section 84(3) of the Act, the prescribed particulars are the outstanding amount of the fine under the infringement warrant, including the lawful costs of execution. 18. Seven-day notice—prescribed details For the purposes of section 88(1)(a) of the Act, the prescribed details which a seven-day notice must contain are— (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; (e) the manner in which a person may apply for revocation of the enforcement order; (f) a statement that if the person served with a seven-day notice does not understand the document, he or she should seek advice from a Registrar of the Court, a lawyer or Victoria Legal Aid. Note: Section 88(3) of the Act sets out details of further information that the seven-day notice must contain. 19. Prescribed persons For the purposes of section 91(1)(b)(ii) of the Act, a deputy sheriff is a prescribed person. r. 17 -- 14 of 44 -- Part 7—Infringement Warrants Infringements (General) Regulations 2006 S.R. No. 76/2006 12 20. 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— (a) the name and address of the person against whom the infringement warrant is or infringement warrants are issued; (b) the infringement warrant number or numbers; (c) a summary of the prohibition under section 42 of the Supreme Court Act 1986 against the seizure or taking of personal property used primarily as a means of transport; (d) a statement that, despite section 42 of the Supreme Court Act 1986, a person against whom an infringement warrant has, or infringement warrants have, been issued may consent to the seizure or taking of such property; (e) a statement that if consent is given, the personal property that is seized or taken will be sold at public auction, and the proceeds of such sale will be applied to the infringement warrant or infringement warrants and any lawful costs of execution; (f) 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; r. 20 -- 15 of 44 -- Part 7—Infringement Warrants Infringements (General) Regulations 2006 S.R. No. 76/2006 13 (g) a statement that if the proceeds of sale exceed the amount or amounts in the infringement warrant or infringement warrants and the lawful costs of execution, the remaining amount will be paid to the person; (h) a statement that, should the person consent to the seizure or taking of personal property used primarily as a means of transport, the person consenting will be asked by a person authorised to execute the infringement warrant or infringement warrants to sign a consent in accordance with section 93(2) of the Act. Note: Section 93(3) of that Act sets out the circumstances in which consent will be effective. __________________ r. 20 -- 16 of 44 -- Part 8—Detention, Immobilisation and Sale of Motor vehicles Infringements (General) Regulations 2006 S.R. No. 76/2006 14 PART 8—DETENTION, IMMOBILISATION AND SALE OF MOTOR VEHICLES 21. 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. __________________ r. 21 -- 17 of 44 -- Part 9—Oral Examination Infringements (General) Regulations 2006 S.R. No. 76/2006 15 PART 9—ORAL EXAMINATION 22. 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— (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 that person's care (if any); (d) any land or building which the person owns or is buying; (e) any motor vehicle which the person owns or is buying; (f) any money which the person is owed; (g) the employment status of the person, including the name of the person's employer or of the person's 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; r. 22 -- 18 of 44 -- Part 9—Oral Examination Infringements (General) Regulations 2006 S.R. No. 76/2006 16 (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— (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 at the Australian Securities and Investment 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 any financial institution; (k) the most up to date balance sheet available for the body corporate; r. 22 -- 19 of 44 -- Part 9—Oral Examination Infringements (General) Regulations 2006 S.R. No. 76/2006 17 (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 prescribed details to be contained in a summons are— (a) the name and address of the person being summonsed; (b) the infringement warrant number or numbers; (c) the date of the enforcement order or enforcement orders, the infringement court number or numbers of the enforcement order or enforcement orders, 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 or enforcement orders were made, and the amount or amounts that remain outstanding under any enforcement order or enforcement orders 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. __________________ r. 22 -- 20 of 44 -- Part 10—Attachment of Earnings Orders and Attachment of Debts Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 18 PART 10—ATTACHMENT OF EARNINGS ORDERS AND ATTACHMENT OF DEBTS ORDERS Division 1—Application of Part 10 of the Act 23. Application of Part 10 For the purposes of section 122 of the Act, the prescribed amount is $1000. Division 2—Attachment of Earnings Orders 24. 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 or numbers; (f) the outstanding amounts 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 r. 23 -- 21 of 44 -- Part 10—Attachment of Earnings Orders and Attachment of Debts Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 19 (iii) the person has not— (A) paid the amount outstanding under the infringement warrant or infringement warrants; or (B) applied for a payment order for the payment of the amount outstanding under the infringement warrant or infringement warrants; or (C) applied for revocation of the enforcement order. 25. Discharge, variation 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 his or her 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— (a) the applicant; and (b) the person in respect of whom the attachment of earnings order is made; and (c) the person to whom the attachment of earnings order is directed. r. 25 -- 22 of 44 -- Part 10—Attachment of Earnings Orders and Attachment of Debts Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 20 26. Cessation of attachment of earnings order (1) An attachment of earnings order ceases to have effect— (a) on being discharged under section 126 of the Act; or (b) if the outstanding amount of the fine is paid in full. (2) If an attachment of earnings order ceases to have effect, the infringements registrar must as soon as possible, serve written notice on the person to whom the attachment of earnings order was directed. (3) If an attachment of earnings order ceases to have effect, the person to whom the attachment of earnings order is directed does not incur any liability in consequence of treating the order as still in force at any time before the expiration of 7 days after the day on which the notice required by sub-regulation (2) or a copy of the order discharging the attachment of earnings order, as the case requires, is served on that person. Division 3—Attachment of Debts Orders 27. 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; (b) the date of the application; (c) the name and address of the person making the application; (d) the name and address of the garnishee; r. 26 -- 23 of 44 -- Part 10—Attachment of Earnings Orders and Attachment of Debts Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 21 (e) the infringement warrant number or numbers; (f) the outstanding amount of the fine; (g) a statement that a seven-day notice has been served on the person in respect of whom the attachment of debts order is sought, that a period of 7 days after service of the seven- day notice has expired and the person has not— (i) paid the amount outstanding under the infringement warrant or warrants; or (ii) applied for a payment order for the payment of the amount outstanding under the infringement warrant; or (iii) applied for revocation of the enforcement order. 28. 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 his or her 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) 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— r. 28 -- 24 of 44 -- Part 10—Attachment of Earnings Orders and Attachment of Debts Orders Infringements (General) Regulations 2006 S.R. No. 76/2006 22 (a) the applicant; and (b) the person in respect of whom the attachment of debts order is made; and (c) the garnishee. 29. Discharge of garnishee Any payment made by a garnishee in compliance with, and any execution levied against a garnishee under, an attachment of debts order is a valid discharge of the garnishee's liability to the person against whom an infringement warrant has been issued to the extent of the amount paid or levied even if subsequently the attachment of debts order is varied, suspended or discharged. __________________ r. 29 -- 25 of 44 -- Part 11—Charges Over and Sale of Real Property Infringements (General) Regulations 2006 S.R. No. 76/2006 23 PART 11—CHARGES OVER AND SALE OF REAL PROPERTY 30. Prescribed amount for the purposes of Part 11 of the Act For the purposes of section 134(a) of the Act, the prescribed amount is $10 000. 31. 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— (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 permitting the sheriff to sell the land described in the notice under section 143(2) of the Act, and, in respect of that order— (i) the date it was made; (ii) the venue of the Court; (iii) a summary of the order; (iv) a description of the land to which the order relates; (c) the infringement warrant number or numbers. Note: Section 144(2)(c) of the Act requires a notice of intention to sell land to state the amount owing at the date of the notice, that the sale will not proceed if payment is made within one month of the service of the notice, and the address where payment may be made. r. 30 -- 26 of 44 -- Part 11—Charges Over and Sale of Real Property Infringements (General) Regulations 2006 S.R. No. 76/2006 24 32. 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. __________________ r. 32 -- 27 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 25 PART 12—COMMUNITY WORK PERMITS 33. 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 and hours on 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 at the community corrections centre or at other places that he or she is required by the Regional Manager to attend. 34. Lawful instructions and directions (1) Subject to sub-regulation (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 the 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. r. 33 -- 28 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 26 35. Matters to be specified in community work permit (1) In addition to the matters required by section 148 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) the infringement offender's driver licence number if the offender has a driver licence; (c) the date on which, and place at which, the community work permit was 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 work permit; (g) the total number of outstanding infringement warrants to which the community work permit applies; (h) a summary of the core conditions that apply to a community work permit under section 149 of the Act and of the program condition of a community work permit under section 150 of the Act; r. 35 -- 29 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 27 (2) The infringement offender must sign the statement referred to in sub-regulation (1)(e) if he or she consents to perform unpaid community work in respect of the outstanding fines specified in the community work permit. 36. 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. 37. 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 date of the application; (b) 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; (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. r. 36 -- 30 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 28 (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 prior to the hearing. (5) The applicant must serve a copy of the application on an infringements registrar before the hearing date. 38. 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. (2) Subject to sub-regulation (3), payment under sub- regulation (1) must be made— (a) in cash; or (b) by bank cheque (marked "not negotiable") made payable to the Department of Justice; or (c) by money order made payable to the Department of Justice. (3) A payment by bank cheque is not made until the bank cheque is honoured on presentation to the relevant bank. r. 38 -- 31 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 29 39. 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 sub-regulation (1) may be given to the Regional Manager by facsimile or other form of electronic communication. 40. 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, 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 (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. r. 39 -- 32 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 30 41. Obligations of infringement offender subject to community work permit An infringement offender who is required under a community work permit to attend at a community corrections centre or other place or 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 at the centre or other place; or (ii) when attending at the centre or other place; or (iii) when performing unpaid community work; and (c) not bring any alcoholic substance or drug of dependence to any place where an educational or other program is provided under the community work permit; and (d) not bring any alcoholic substance or drug of dependence to any place where unpaid community work is to be performed under the community work permit; and (e) not leave any place where he or she is performing unpaid community work under the community work permit without the permission of the Regional Manager or the community corrections officer to whom he or she is required to report under the community work permit; and r. 41 -- 33 of 44 -- Part 12—Community Work Permits Infringements (General) Regulations 2006 S.R. No. 76/2006 31 (f) as soon as practicable, notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is unable to attend at the centre or as otherwise directed on any occasion required under the community work permit; and (g) as soon as practicable, notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is delayed in attending at the centre or as otherwise directed on any occasion required under the community work permit; and (h) when next attending at the community corrections centre, produce a medical certificate signed by a doctor if, as a result of illness, he or she does not attend at the centre or as otherwise directed on any occasion required under the community work permit; and (i) not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer. __________________ r. 41 -- 34 of 44 -- Part 13—General Infringements (General) Regulations 2006 S.R. No. 76/2006 32 PART 13—GENERAL 42. Service For the purposes of section 162(1)(c) of 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. 43. Expiry These Regulations expire and cease to have any force or effect on 17 July 2011. __________________ r. 42 -- 35 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 33 SCHEDULES SCHEDULE 1 Regulation 6 ENFORCEMENT AGENCIES 1. The police force of Victoria. 2. Each of the following administrative units or groups within the police force of Victoria— (a) Firearms Licensing Service; (b) Toll Enforcement Office; (c) 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 Infrastructure— (a) Marine Safety Victoria; (b) Victorian Taxi Directorate. 9. Each of the following within the Department of Justice— (a) Consumer Affairs Victoria; (b) Liquor Licensing Victoria; (c) Trade Measurement Victoria. 10. An institution specified in Schedule 1 to the Tertiary Education Act 1993. 11. The college affiliated to the University of Melbourne known as Queen's College. Sch. 1 -- 36 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 34 12. A body that is a TAFE college within the meaning of the Vocational Education and Training Act 1990 or an administrative unit that is the TAFE division of a university with a TAFE division within the meaning of that Act. 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 Services Act 1995. 16. The local authority within the meaning of the Marine Act 1988 known as Gippsland Ports. 17. VicUrban. 18. Melbourne Market Authority. 19. Energy Safe Victoria. 20. Parks Victoria. 21. Roads Corporation. 22. The House Committee within the meaning of the Parliamentary Committees Act 2003. 23. Victorian Arts Centre Trust. 24. Victorian College of the Arts. 25. Victorian WorkCover Authority. 26. A hospital listed in Schedule 1, 2 or 3 to the Health Services Act 1988. 27. The Public Transport Division of the Department of Infrastructure. __________________ Sch. 1 -- 37 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 35 SCHEDULE 2 Regulation 8 SPECIFIED AGENCIES FOR THE PURPOSES OF SECTION 164 No. Agency name 1. Baw Baw Shire Council 2. Banyule City Council 3. Bayside City Council 4. Borough of Queenscliffe 5. Brimbank City Council 6. Buloke Shire Council 7. Campaspe Shire Council 8. Central Goldfields Shire Council 9. City of Ballarat 10. City of Boroondara 11. City of Darebin 12. City of Greater Dandenong 13. City of Hobsons Bay 14. City of Melbourne 15. City of Monash 16. City of Moonee Valley 17. City of Port Phillip 18. City of Whitehorse 19. City of Whittlesea 20. City of Wodonga 21. Colac–Otway Shire 22. Consumer Affairs Victoria 23. Corangamite Shire 24. Delatite Shire 25. Department of Primary Industries Sch. 2 -- 38 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 36 No. Agency name 26. Department of Sustainability and Environment 27. East Gippsland Shire Council 28. Environment Protection Authority 29. Frankston City Council 30. Gannawarra Shire Council 31. Gippsland Ports Committee of Management 32. Glen Eira City Council 33. Glenelg Shire Council 34. Golden Plains Shire 35. Greater Bendigo City Council 36. Greater Dandenong City Council 37. Greater Shepparton City Council 38. Hepburn Shire Council 39. Horsham Rural City Council 40. Hume City Council 41. Indigo Shire Council 42. Kingston City Council 43. Knox City Council 44. La Trobe City Council 45. Loddon Shire Council 46. Macedon Ranges Shire Council 47. Manningham City Council 48. Maribyrnong City Council 49. Maroondah Shire Council 50. Marine Board of Victoria 51. Melbourne City Council 52. Mildura Rural City Council 53. Moira Shire 54. Monash City Council Sch. 2 -- 39 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 37 No. Agency name 55. Moorabool Shire Council 56. Mount Alexander Shire Council 57. Mornington Peninsula Shire Council 58. Moyne Shire Council 59. Nillumbik Shire Council 60. Northern Grampians Shire Council 61. Office of Housing 62. Pyrenees Shire Council 63. Rural City of Ararat 64. Rural City of Wangaratta 65. Shire of Strathbogie 66. Shire of Yarra Ranges 67. South Gippsland Shire Council 68. Southern Grampians Shire Council 69. Stonnington City Council 70. Surf Coast Shire 71. Swan Hill Rural City Council 72. Towong Shire 73. Victorian Taxi Directorate 74. Warrnambool City Council 75. Wellington Shire Council 76. West Wimmera Shire Council 77. Wodonga Institute of TAFE 78. Wyndham City Council 79. Yarra City Council 80. Yarriambiack Shire Council __________________ Sch. 2 -- 40 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 38 SCHEDULE 3 Regulation 12 LODGEABLE INFRINGEMENT OFFENCES 1. Casino Control Act 1991 1.1 Section 77(1). 2. Estate Agents Act 1980 2.1 Section 70B. 2.2 Regulations 23(1), 26, 27(1), 29, 32, 36 and 37 of the Estate Agents (General, Accounts and Audit) Regulations 1997 3. 3. Gambling Regulation Act 2003 3.1 Sections 3.8.1(1) and 8.6.3(2). 4. Liquor Control Reform Act 1998 4.1 Sections 103A(2) and 106(1). ═══════════════ Sch. 3 -- 41 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 39 ENDNOTES 1 Reg. 4(1): S.R. No. 69/2000. Reprint No. 2 as at 16 March 2005. Reprinted to S.R. No. 10/2005. Subsequently amended by S.R. Nos 99/2005, 6/2006, 18/2006, 25/2006, 26/2006, 31/2006, 46/2006 and 48/2006. 2 Reg. 4(4): S.R. No. 68/2001 as amended by S.R. Nos 54/2003, 88/2004 and 104/2005. 3 Schedule 3, item 2.2: S.R. No. 41/1997. Reprint No. 1 as at 19 February 2004. Reprinted to S.R. No. 4/2004. Subsequently amended by S.R. No. 108/2005. —— Fee Units These Regulations provide for fees by reference to fee units established under 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 2006 is $10.75. 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. Endnotes -- 42 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 40 INDEX Subject Regulation Act (def.) 5 Attachment of debts orders 23, 27–29 Attachment of earnings orders 23–26 Community corrections officers 34, 37, 41 Community work permits cancellation 37 commencement 36 copies for Regional Manager 39 directions, instructions to infringement offenders 34 matters to be specified in 35 obligations of infringement offenders 41 payment of fines by infringement offenders 38 records regarding infringement offenders 33 unpaid community work performed under 40 variation 37 Definitions 5 Deputy sheriffs 19 Drugs of dependence 5, 41 Enforcement agencies information lodged with Court by, in relation to 13, 16 applications for attachment of earnings, attachment of debts orders may be made by 25, 28 prescribed persons, bodies 6, Sch. 1 Enforcement orders prescribed details on enforcement order notice 15 Homelessness criteria for determining 7 Infringement offences See Lodgeable infringement offences Infringement penalties exemptions from fees, costs and charges 11 minimum lodgeable amount 14 prescribed costs 9, 11 Infringement warrants against directors of bodies corporate 19 consent to seizure of personal property 20 electronic copies 17 issue fee 10 seven-day notices 18 Infringements Court (def.) 5 Infringements registrar powers regarding attachment of debts orders 28 powers regarding attachment of earnings orders 25–26 prescribed information lodged with Court by 16 Land notice of intention to sell 31–32 prescribed amount for Part 11 of Act to apply 30 -- 43 of 44 -- Infringements (General) Regulations 2006 S.R. No. 76/2006 41 Subject Regulation Lodgeable infringement offences information lodged with Court regarding 13, 16 list of lodgeable infringement offences 12, Sch. 3 Motor vehicles prescribed period for detaining, immobilising 21 Oral examinations 22 Prescribed costs 9, 11 Regional Managers copies of community work permits for 39 definition 5 offenders' obligations towards 41 records kept by 33 Regulations authorising provision 2 commencement 3 expiry 43 objective 1 revocations of other regulations 4 Seizure consent to seizure of personal property 20 Service of documents (general) 42 Seven-day notices 18 Sheriff 25, 28, 31, 39 Specified agencies 8, Sch. 2 -- 44 of 44 --