Infringements (Reporting and Prescribed Details and Forms) Regulations 2006
i
Infringements (Reporting and Prescribed Details
and Forms) Regulations 2006
S.R. No. 75/2006
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Definitions 2
5. Reports to the Attorney-General 2
6. Official warning 4
7. Withdrawal of official warning 5
8. Infringement notice 6
9. Withdrawal notice 8
10. Time by which enforcement agency must review and advise
applicant 9
11. Penalty reminder notice 9
12. Infringement warrant—prescribed form 12
__________________
SCHEDULE—Forms 13
Form 1—Infringement Warrant (Against a Natural Person) 13
Form 2—Infringement Warrant (Against a Body Corporate) 16
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1
STATUTORY RULES 2006
S.R. No. 75/2006
Infringements Act 2006
Infringements (Reporting and Prescribed Details
and Forms) 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
1. Objective
The objective of these Regulations is to
prescribe—
(a) the information that enforcement agencies
need to provide to the Attorney-General
under the Infringements Act 2006; and
(b) the details that need to be included in a range
of documents relating to the pre-enforcement
stage of the infringement system under that
Act; and
(c) forms of infringement warrant under that
Act; and
(d) other matters required to be prescribed by
that Act.
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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. Definitions
In these Regulations—
"Infringements Court" has the same meaning as
it has in the Magistrates' Court Act 1989;
"parking infringement" has the same meaning
as it has in section 3 of the Road Safety Act
1986;
"the Act" means the Infringements Act 2006.
5. Reports to the Attorney-General
(1) For the purposes of section 6 of the Act, an
enforcement agency must provide to the Attorney-
General the following prescribed information—
(a) the number of official warnings served by
the enforcement agency in relation to each
category of infringement offence;
(b) the number of official warnings withdrawn
by the enforcement agency in relation to
each category of infringement offence;
(c) the number of infringement notices served
by the enforcement agency in relation to
each category of infringement offence;
(d) the number of infringement notices
withdrawn by the enforcement agency in
relation to each category of infringement
offence;
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(e) in relation to each category of infringement
offence, the number of persons served with
an infringement notice who elect under
section 16(1) of the Act to have the matter of
the infringement offence heard and
determined in the Court or, in the case of a
child, in the Children's Court;
(f) in relation to each category of infringement
offence—
(i) the number of applications for internal
review received by the enforcement
agency under each of the grounds in
section 22(1) of the Act;
(ii) as far as practicable, in relation to the
information provided under sub-
paragraph (i), the number of
applications for internal review decided
in accordance with section 25(1)(a)
to (h) or 25(2)(a) to (c) of the Act, as
the case may be;
(iii) as far as practicable, in relation to
decisions made under section 25(1)(h)
of the Act, the relevant combination of
actions taken;
(g) the number of applications for payment plans
received by the enforcement agency under
section 46(1) of the Act, and, as far as
practicable—
(i) the total number of payment plans
offered under sections 46(3) and (4) of
the Act;
(ii) in relation to payment plans offered
under section 46(3) or (4) of the Act,
the total number of payment plans
commenced in accordance with
section 48 of the Act;
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(iii) in relation to commenced payment
plans, the number of persons sent
written notice advising them that they
have defaulted under section 52 of the
Act.
(2) For the purposes of section 6(a) of the Act the
prescribed interval is 6 months.
6. Official warning
For the purposes of section 8(2) of the Act, the
prescribed details which an official warning must
contain are—
(a) that it is an official warning;
(b) the date of the official warning;
(c) the name and address (if known) of the
person served with the official warning;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference
of the official warning;
(f) either the name of the issuing officer or the
enforcement agency identifying reference of
the issuing officer;
(g) the date and approximate time and place of
the infringement offence alleged to have
been committed;
(h) the Act or other instrument that creates the
infringement offence and a brief description
of the infringement offence alleged to have
been committed;
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(i) that further information may be obtained
from—
(i) a nominated telephone number;
(ii) a designated address;
(iii) if available, the enforcement agency's
website.
7. Withdrawal of official warning
(1) For the purposes of section 11(2) of the Act the
prescribed period is 6 months from the date of
service of the official warning.
(2) For the purposes of section 11(4) of the Act, the
prescribed details which a withdrawal of an
official warning must contain are—
(a) that it is a withdrawal of an official warning;
(b) the date of the withdrawal of an official
warning;
(c) the name and address (if known) of the
person served with the withdrawal of an
official warning;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference
of the withdrawal of an official warning;
(f) the date and approximate time and place of
the infringement offence alleged to have
been committed;
(g) the Act or other instrument that creates the
infringement offence and a brief description
of the infringement offence alleged to have
been committed;
(h) a statement of how the enforcement agency
intends to proceed in respect of the
infringement offence alleged to have been
committed.
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8. Infringement notice
(1) For the purposes of section 13 of the Act, the
prescribed details which an infringement notice
must contain are—
(a) that it is an infringement notice;
(b) the date of the infringement notice;
(c) the name and address (if known) of the
person served with the infringement notice
or, if the infringement notice is in respect of
an infringement offence that is a parking
infringement, the words "the Owner";
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference
of the infringement notice;
(f) either the name of the issuing officer or the
enforcement agency identifying reference of
the issuing officer;
(g) the date and approximate time and place of
the infringement offence alleged to have
been committed;
(h) the Act or other instrument that creates the
infringement offence and a brief description
of the infringement offence alleged to have
been committed;
(i) the infringement penalty;
(j) the manner in which the infringement
penalty may be paid;
(k) that the infringement penalty must be paid
by a specified due date, being not less than
28 days from the date of service of the
infringement notice;
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(l) that failure to pay the infringement penalty
by the specified due date may result in
further enforcement action being taken and
the incurring of further costs;
(m) that the person served with the infringement
notice, or a person acting on that person's
behalf, may apply to have the decision to
serve the infringement notice internally
reviewed by the enforcement agency under
the Act unless the infringement notice is in
respect of an infringement offence to which
any of the following provisions apply—
(i) sections 89A to 89D of the Road
Safety Act 1986;
(ii) section 215C of the Transport Act
1983;
(iii) sections 61A and 61BA of the Marine
Act 1988;
(n) that the person served with the infringement
notice may be eligible for a payment plan
under section 46 of the Act, unless that
person is a body corporate;
(o) that further information and information
relating to eligibility for payment plans and
applying for internal review can be obtained
from—
(i) a nominated telephone number;
(ii) a designated address;
(iii) if available, the enforcement agency's
website address;
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(p) any further details specifically required to be
included in relation to an infringement
offence under any Act or other instrument
which creates the infringement offence.
Note: Section 13(b) of the Act requires that an infringement
notice state that the person is entitled to elect to have the
matter of the infringement offence heard and determined in
the Court and if that person is a child, in the Children's
Court.
(2) If an infringement notice is in respect of an
infringement offence that is a parking
infringement, in addition to the details required
under sub-regulation (1), the infringement notice
must contain the registered number or other
identification of the vehicle involved in the
parking infringement.
9. Withdrawal notice
For the purposes of section 19(a) of the Act, the
prescribed details which a withdrawal notice must
contain are—
(a) that it is a withdrawal notice;
(b) the date of the withdrawal notice;
(c) the name and address (if known) of the
person served with the infringement notice;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference
of the infringement notice;
(f) the date of the infringement notice;
(g) the date and approximate time and place of
the infringement offence alleged to have
been committed;
(h) the Act or other instrument that creates the
infringement offence and a brief description
of the infringement offence alleged to have
been committed;
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(i) that further information may be obtained
from—
(i) a nominated telephone number;
(ii) a designated address;
(iii) if available, the enforcement agency's
website address;
(j) that if the infringement penalty and any
prescribed costs have been paid, the
infringement penalty and prescribed costs
will be refunded, unless the person has an
ongoing payment plan in which case Part 3
of the Infringements Act 2006 applies.
Note: Section 19(b) of the Act requires that a withdrawal notice
must state how an enforcement agency intends to proceed
in respect of the infringement offence alleged to have been
committed.
10. Time by which enforcement agency must review and
advise applicant
For the purposes of section 24(3)(a)(i) of the Act,
the prescribed time for review by an enforcement
agency is 90 days.
11. Penalty reminder notice
For the purposes of section 29(5) of the Act, the
prescribed details which a penalty reminder notice
must contain are—
(a) that it is a penalty reminder notice;
(b) the date of the penalty reminder notice;
(c) the name and address (if known) of the
person served with the infringement notice;
(d) the name of the enforcement agency;
(e) the enforcement agency identifying reference
of the penalty reminder notice;
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(f) either the name of the issuing officer or the
enforcement agency identifying reference of
the issuing officer;
(g) the date and approximate time and place of
the infringement offence alleged to have
been committed;
(h) the infringement penalty and any prescribed
costs owing;
(i) the manner in which the infringement
penalty and any prescribed costs may be
paid;
(j) that the infringement penalty and any
prescribed costs must be paid by a specified
due date, being not less than 28 days after
the penalty reminder notice has been served;
(k) that the person may elect to have the matter
heard and determined in Court, or, in the
case of a child, in the Children's Court,
unless the penalty reminder notice is in
respect of an infringement offence to which
any of the following provisions apply—
(i) sections 89A to 89D of the Road
Safety Act 1986;
(ii) section 215C of the Transport Act
1983;
(iii) sections 61A and 61BA of the Marine
Act 1988;
(l) that failure to pay the infringement penalty
and prescribed costs by the specified due
date may result in further enforcement action
being taken and further costs being incurred
under—
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(i) the Act; or
(ii) in the case of a child, Schedule 2A to
the Children and Young Persons Act
1989;
(m) that the person served with the infringement
notice, or a person acting on that person's
behalf, may apply to have the decision to
serve the infringement notice internally
reviewed by the enforcement agency under
the Act unless the infringement notice is in
respect of an infringement offence to which
any of the following provisions apply—
(i) sections 89A to 89D of the Road
Safety Act 1986;
(ii) section 215C of the Transport Act
1983;
(iii) sections 61A and 61BA of the Marine
Act 1988;
(n) that the person served with the infringement
notice may be eligible for a payment plan
under section 46 of the Act unless that
person is a body corporate;
(o) that further information including
information relating to eligibility for
payment plans and applying for internal
review can be obtained from—
(i) a nominated telephone number;
(ii) a designated address;
(iii) if available, the enforcement agency's
website address;
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(p) a statement that if the person served with the
penalty reminder notice does not understand
the document, he or she should seek advice
from the registrar of the Court or Children's
Court, as the case requires, a lawyer or
Victoria Legal Aid.
12. Infringement warrant—prescribed form
For the purposes of section 82(5) of the Act, an
infringement warrant—
(a) against a natural person must be in Form 1 of
the Schedule; and
(b) against a body corporate must be in Form 2
of the Schedule.
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SCHEDULE
FORMS
FORM 1
Regulation 12(a)
INFRINGEMENT WARRANT
(Against a Natural Person)
Infringements Act 2006
Name: [Insert name]
Address:
Infringements Court Case Number:
Vehicle Registration Number:
State:
Licence Number:
State:
M F
Date of Birth:
Enforcement Agency: [insert enforcement agency name]
On [insert date] an enforcement order was made against [insert name] under
section 59 of the Infringements Act 2006 at the Infringements Court within
the meaning of the Magistrates' Court Act 1989 in respect of the
outstanding amount of the infringement penalty and prescribed costs in
respect of a lodgeable infringement offence.
This infringement warrant is issued under section 80 of the Infringements
Act 2006 because for a period of more than 28 days you have defaulted in the
payment of that fine or in the payment under a payment order.
AMOUNT DUE AND PAYABLE
Outstanding Amount of Fine:
Warrant Issue Fee:
AMOUNT DUE UNDER INFRINGEMENT WARRANT:
Offence Date:
Approximate Time of Offence:
Infringement Offence:
Approximate Place of Offence:
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AUTHORITY AND DIRECTIONS
To—
* the Sheriff
* [insert name and rank], a named police member
* all police members
* the Commissioner within the meaning of the Corrections Act 1986
* [insert name], a person authorised by law to execute an infringement
warrant [specify person and authority].
You are to demand payment of the amount unpaid from the person named
in this infringement warrant. If this amount is paid, you must send it
immediately to an Infringements Registrar.
IF THE AMOUNT IS NOT PAID
You are authorised to break, enter and search any residential or business
property occupied by the person named in the infringement warrant for
any personal property of that person.
You are further authorised—
(i) to seize the personal property of the person named in the
infringement warrant; and
(ii) if the amounts named in the infringement warrant together with all
lawful costs of execution are not paid, to sell the personal property
seized.
If you cannot find sufficient personal property of the person named in the
infringement warrant on which to levy the amounts named in the
infringement warrant together with all lawful costs of execution you are
authorised to break, enter and search for the person named in the
infringement warrant in any place where the person named is suspected to
be, to arrest the person and subject to any endorsement—
(i) release the person named in the infringement warrant on a
community work permit in accordance with Division 1 of Part 12 of
the Infringements Act 2006; or
(ii) release the person on bail in accordance with the endorsement below
to be dealt with in accordance with Division 2 of Part 12 of the
Infringements Act 2006; or
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(iii) if the person refuses to enter into an undertaking of bail or cannot be
dealt with under Division 1 of Part 12 of the Infringements Act
2006, take and safely convey the person named in this infringement
warrant to a prison or police gaol and deliver the person to the officer
in charge of the prison or police gaol for the purposes of being dealt
with under Division 2 of Part 12 of the Infringements Act 2006.
If the amount is partly paid you must reduce the amounts named in this
infringement warrant by the amount paid, amend the execution copy of the
infringement warrant, receive payment and forward it without delay to an
Infringements Registrar.
Issued at: on:
Issued by (name):
INFRINGEMENTS REGISTRAR
ENDORSEMENT AS TO BAIL UNDER SECTION 80(2) OF THE
INFRINGEMENTS ACT 2006
Bail is granted on the following conditions:
The person named may be released upon entering an undertaking of bail to
appear at the venue of the Magistrates' Court nearest to where the person
resides on the following conditions:
INFRINGEMENTS REGISTRAR
Date
* Delete if inapplicable.
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FORM 2
Regulation 12(b)
INFRINGEMENT WARRANT
(Against a Body Corporate)
Infringements Act 2006
Name: [insert name]
Address:
Infringements Court Case Number:
Vehicle Registration Number:
State:
ACN:
Enforcement Agency: [insert enforcement agency name]
On [insert date] an enforcement order was made against [insert name] under
section 59 of the Infringements Act 2006 at the Infringements Court within
the meaning of the Magistrates' Court Act 1989 in respect of the
outstanding amount of the infringement penalty and prescribed costs in
respect of a lodgeable infringement offence.
This infringement warrant is issued under section 80 of the Infringements
Act 2006 because for a period of more than 28 days you have defaulted in the
payment of that fine.
AMOUNT DUE AND PAYABLE
Outstanding Amount of Fine:
Warrant Issue Fee:
AMOUNT DUE UNDER INFRINGEMENT WARRANT:
Offence Date:
Approximate Time of Offence:
Infringement Offence:
Approximate Place of Offence:
AUTHORITY AND DIRECTIONS
To the Sheriff of Victoria,
You are to demand payment of the amount unpaid from the person named
in this infringement warrant.
If this amount is paid, you must send it immediately to an Infringements
Registrar.
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If the amount is not paid:
You are authorised to break, enter and search any residential or business
property occupied by the person named in the infringement warrant for
any personal property of that person.
You are further authorised—
(i) to seize the personal property of the person named in the
infringement warrant; and
(ii) if the amounts named in the infringement warrant together with all
lawful costs of execution are not paid, to sell the personal property
seized.
If the amount is partly paid you must reduce the amounts named in this
infringement warrant by the amount paid, amend the execution copy of the
infringement warrant, receive payment and forward it without delay to the
Infringements Registrar.
Issued at: on:
Issued by (name):
INRINGEMENTS REGISTRAR
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