Magistrates' Court General (Infringements) Regulations 2002

i Magistrates' Court General (Infringements) Regulations 2002 S.R. No. 4/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Minor amendment concerning PERIN forms 2 5. Insertion of regulation 1207A 2 1207A. Minimum registrable amount 2 6. Insertion of regulation 1209 2 1209. Specified agencies under section 99A 2 7. Amendment of warrant to seize property form 2 8. Substitution of forms 2 9. Amendments to notice of enforcement order 8 10. Insertion of Schedule 7 9 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 STATUTORY RULES 2002 S.R. No. 4/2002 Magistrates' Court Act 1989 Magistrates' Court General (Infringements) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 30 January 2002 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Magistrates' Court General Regulations 20001 to make provision for various changes made to the Magistrates' Court Act 1989 by the Magistrates' Court (Infringements) Act 2000 concerning the operation of the PERIN system. 2. Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3. Commencement These Regulations come into operation on 10 February 2002. -- 2 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 2 4. Minor amendment concerning PERIN forms In regulation 1207(1)(b) of the Magistrates' Court General Regulations 2000, for "particulars" (wherever occurring) substitute "details". 5. Insertion of regulation 1207A After regulation 1207 of the Magistrates' Court General Regulations 2000 insert— "1207A. Minimum registrable amount The amount specified for the purposes of clause 4(3A) of Schedule 7 to the Act is $10.00.". 6. Insertion of regulation 1209 After regulation 1208 of the Magistrates' Court General Regulations 2000 insert— "1209. Specified agencies under section 99A For the purposes of section 99A of the Act, a person or body listed in Schedule 7 is a specified agency.". 7. Amendment of warrant to seize property form In Schedule 5 to the Magistrates' Court General Regulations 2000, in Form 2, after— " Date of birth " insert— " ACN " 8. Substitution of forms In Schedule 6 to the Magistrates' Court General Regulations 2000, for Forms 1 and 2 substitute— r. 4 -- 3 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 3 'FORM 1 Regulation 1207(1) DETAILS TO BE INCLUDED IN THE DOCUMENT PROVIDED TO THE REGISTRAR UNDER CLAUSE 4(1)(a) OF SCHEDULE 7 The data records in the document are a fixed length of 466 characters. The fields of each set of data are as follows— Field Position From To Length Contents Nature Format 1 1 9 9 Registration Number Alphanumeric X(9) 2 10 10 1 State of Issue (Registration) Alphanumeric X(1) 3 11 20 10 Licence Number Alphanumeric X(10) 4 21 21 1 Vehicle Class Alphanumeric X(1) 5 22 22 1 State of Issue (Licence) Alphanumeric X(1) 6 23 30 8 Defendant's Date of Birth Numeric 9(8) 7 31 110 80 Defendant's Surname/Company Name Alphanumeric X(80) 8 111 150 40 Defendant's Other Names Alphanumeric X(40) 9 151 190 40 Defendant's Street Address Alphanumeric X(40) 10 191 230 40 Extra Address Line Alphanumeric X(40) 11 231 270 40 Defendant's Suburb Alphanumeric X(40) 12 271 276 6 Postcode Numeric X(6) 13 277 286 10 Infringement Number Alphanumeric X(10) 14 287 293 7 Offence Code Numeric 9(7) 15 294 301 8 Offence Date Numeric 9(8) r. 8 -- 4 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 4 Field Position From To Length Contents Nature Format 16 302 305 4 Offence Time Alphanumeric X(4) 17 306 312 7 Offence—Penalty Numeric 9(5)V99 18 313 319 7 Total Amount Paid Numeric 9(5)V99 19 320 326 7 Balance Due (Amount to Enforce) Numeric 9(5)V99 20 327 327 1 Location/Status Alphanumeric X(1) 21 328 337 10 ACN number Numeric X (10) 22 338 387 50 Offence Place (Suburb) Alphanumeric X(50) 23 388 437 50 Street of Offence Alphanumeric X(50) 24 438 445 8 Date of Issue— Courtesy Letter Numeric 9(8) 25 446 453 8 Data Selection Date Numeric 9(8) 26 454 461 8 Courtesy Letter Nomination Date Numeric 9(8) 27 462 466 5 Enforcement Agency Code Numeric 9(5) EXPLANATORY NOTES 1. Fields 7, 9, 12, 13, 14, 15, 17, 18, 19, 20, 22, 24, 25, 27 are mandatory fields. 2. All dates in fields 6, 15, 24, 25 and 26 shown as "9(8)" are to be expressed as YYYYMMDD. 3. Field 1 (Registration Number) is to be left justified, and all imbedded spaces are to be removed. (Vehicle registration numbers only). 4. Field 3 (Licence Number) must be left justified. 5. Field 4 (Vehicle Class) is to be an alphanumeric code as follows— 2—Motor Car 3—Motor Cycle 4—Trailer r. 8 -- 5 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 5 6. Field 7 (Defendant's Surname/Company Name) must contain only the surname of an individual or the entire company name. Only the first 40 characters in this field are available for the surname of an individual, so in inserting the surname of an individual that exceeds 40 characters, the surname must be truncated to ensure that it does not exceed 40 characters. 7. Field 8 (Defendant's Other Names) is mandatory if a 'V' or 'I' appears in field 20 (Location/Status). If a 'C' appears in field 20, field 8 must be left blank. 8. Field 9 (Defendant's Street Address) must contain a valid address (for example, unit, street number, street name and type). 9. Field 10 (Extra Address Line) can be used to further expand on the address (for example, the name of a building). 10. Field 11 (Defendant's Suburb) is the suburb of the defendant's address. 11. Field 14 (Offence Code) is the offence code as allocated by the Registrar of the PERIN Court. 12. Field 16 (Offence Time) is to be expressed as HHMM using the 24 hour clock, range 0000 to 2359. If a time is not stated, leave blank. 13. Field 17 (Offence—Penalty) is the penalty as set out in the relevant infringement notice. 14. Field 20 (Location/Status) is to be an alphanumeric code, relevant to the defendant, as follows— V—Victorian resident individual I—Interstate resident individual C—Corporation (whether Victorian or Interstate). 15. Field 21 (ACN) applies to corporations if a 'C' appears in field 20 (Location/Status). If a 'V' or 'I' appears in field 20, leave blank. 16. Field 25 (Data Selection Date) is the date of creation of the data document referred to in clause 4(1)(a) of Schedule 7 of the Act. 17. Field 26 (Courtesy Letter Nomination Date) is to be used only if an order is sought more than 12 months after the date of the offence and a nomination was made on a courtesy letter within 12 months of the date of the offence. r. 8 -- 6 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 6 DEFINITION OF TERMS USED Within the specification of the data records the following conventions apply— 'X(n)' refers to an alphanumeric field of n characters; left aligned, with trailing spaces; '9(n)' refers to an unpacked numeric field of n characters, right aligned, with high order zeros; '9(n) V99' refers to an unpacked numeric field of n + 2 characters right aligned, with high order zeros, in which the decimal point is implied immediately before the penultimate character. Example: $200.50 would be 0020050. __________________ FORM 2 Regulation 1207(2) CERTIFICATE FOR REGISTRATION OF INFRINGEMENT PENALTIES I an appropriate officer of the certify that, in respect of each person listed in the document, being a *magnetic tape/*magnetic cartridge/*compact disc/*microdisc created on the / / with records, supplied under clause 4(1)(a) of Schedule 7 to the Magistrates' Court Act 1989, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied— (a) an infringement notice has been served on the person; (b) a courtesy letter has been served on the person after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; (c) a period of at least 28 days has passed since the courtesy letter was served; (d) the infringement penalty and any prescribed costs had not been paid before this certificate was issued; r. 8 -- 7 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 7 (e) if the person entered into an arrangement to pay the infringement penalty by instalments— (i) the person has failed to comply with the arrangement; and (ii) the amount specified in field 19 of the document still remains to be paid under the arrangement; (f) the person has not, under clause 3(6) of Schedule 7 to the Magistrates' Court Act 1989, declined to be dealt with under Part 2 of Schedule 7 to that Act; (g) a charge in relation to the offence has not been filed; (h) a charge may still be filed in relation to the offence, having regard to the time when the offence is alleged to have been committed; (i) if the infringement notice was served under section 87 of the Road Safety Act 1986, the person was at the time of the alleged offence— (i) the owner of the vehicle within the meaning of Part 7 of that Act; or (ii) the person in charge of the vehicle as shown in a sworn statement or statutory declaration supplied in accordance with section 86(3)(a) of that Act; (j) if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the person was at the time of the alleged offence— (i) the owner of the motor vehicle within the meaning of section 66 of that Act; or (ii) the driver of the motor vehicle as shown in a sworn statement or statutory declaration supplied in accordance with section 66(3)(a) of that Act. *delete if not applicable I also certify that all money received in part payment was appropriated to the infringement penalty and received as a consequence of the person against whom the infringement was issued entering into an agreement with the Enforcement Agency to pay by instalments. r. 8 -- 8 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 8 Signed on behalf of the Enforcement Agency by: Appropriate Officer Print Name: Date: '. 9. Amendments to notice of enforcement order In Schedule 6 to the Magistrates' Court General Regulations 2000, in Form 4— (a) below "Date of Birth" insert "ACN"; (b) for the box headed "INFRINGEMENT DETAILS" substitute— "INFRINGEMENT DETAILS Enforcement agency Date Time Code Infringement penalty $ Paid to Agency $ Offence Unpaid penalty $ Agency costs $ Court costs $ .............. Order made for $............... Place". r. 9 -- 9 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 9 10. Insertion of Schedule 7 After Schedule 6 to the Magistrates' Court General Regulations 2000 insert— "SCHEDULE 7 SPECIFIED AGENCIES FOR THE PURPOSES OF SECTION 99A No. Agency name 1 Baw Baw Shire Council 2 Banyule City Council 3 Borough of Queenscliffe 4 Brimbank City Council 5 Buloke Shire Council 6 Central Goldfields Shire Council 7 City of Ballarat 8 City of Boroondara 9 City of Darebin 10 City of Greater Dandenong 11 City of Hobsons Bay 12 City of Monash 13 City of Moonee Valley 14 City of Port Phillip 15 City of Whitehorse 16 City of Whittlesea 17 City of Wodonga 18 Colac–Otway Shire 19 Consumer and Business Affairs Victoria 20 Corangamite Shire 21 Department of Natural Resources and Environment r. 10 -- 10 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 10 No. Agency name 22 Delatite Shire 23 East Gippsland Shire Council 24 Environment Protection Authority 25 Gannawarra Shire Council 26 Gippsland Ports Committee of Management 27 Glenelg Shire Council 28 Golden Plains Shire 29 Greater Bendigo City Council 30 Greater Shepparton City Council 31 Hepburn Shire Council 32 Horsham Rural City Council 33 Indigo Shire Council 34 Knox City Council 35 Loddon Shire Council 36 Macedon Ranges Shire Council 37 Manningham City Council 38 Maribyrnong City Council 39 Maroondah Shire Council 40 Marine Board of Victoria 41 Mildura Rural City Council 42 Moira Shire 43 Moorabool Shire Council 44 Mount Alexander Shire Council 45 Mornington Peninsula Shire Council 46 Moyne Shire Council 47 Northern Grampians Shire Council 48 Rural City of Ararat 49 Rural City of Wangaratta 50 Shire of Strathbogie r. 10 -- 11 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 11 No. Agency name 51 Shire of Yarra Ranges 52 South Gippsland Shire Council 53 Southern Grampians Shire Council 54 Stonnington City Council 55 Surf Coast Shire 56 Swan Hill Rural City Council 57 Victorian Taxi and Tow Truck Directorate 58 Towong Shire 59 Warrnambool City Council 60 Wellington Shire Council 61 West Wimmera Shire Council 62 Wodonga Institute of TAFE 63 Wyndham City Council 64 Yarriambiack Shire Council". ═══════════════ r. 10 -- 12 of 13 -- S.R. No. 4/2002 Magistrates' Court General (Infringements) Regulations 2002 12 ENDNOTES 1 Reg. 1: S.R. No. 69/2000 as amended by S.R. Nos 7/2001 and 106/2001. Endnotes -- 13 of 13 --