Fines Reform and Infringements Acts Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Fines Reform Act 2014 4 3 Commencement of Fines Reform Act 2014 4 4 Definitions 4 5 Powers to waive or reduce costs or fees 7 6 New Part 2A inserted 8 7 Referral for collection of court fine by Director 19 8 Registration of court fine for enforcement 19 9 Registration of infringement fine with Director 19 10 Extended period for registration 19 11 Director may decide that enforcement of infringement offence under this Act is not appropriate 20 12 Enforcement agency may prosecute or withdraw infringement notice 20 13 New section 21A inserted 21 14 Effect of notice of final demand in case of registered infringement fine 21 15 Options for enforcement of body corporate fine 21 16 Declared director 22 17 Director of body corporate may challenge being declared director 23 18 Application of enforcement review 24 19 Limit on applications for enforcement review 24 20 Conduct of enforcement actions during enforcement review 24 21 Outcome of enforcement review 25 22 Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation 25 23 New section 38A inserted 26 24 Extended period for commencing proceeding for offence 26 25 Time to pay or enter payment arrangement if infringement confirmation served 26 -- 1 of 121 -- Section Page ii Authorised by the Chief Parliamentary Counsel 26 Summons for oral examination and production of information 27 27 Application of Part 8 27 28 Sanctions that may be imposed on a fine defaulter 27 29 New section 94A inserted 27 30 Land becomes subject to charge 28 31 Removal of land charge 28 32 Imprisonment of person on execution of enforcement warrant 28 33 Warning of execution of enforcement warrant—seven-day notice 29 34 Executing enforcement warrant after expiry of seven-day notice 29 35 Stay of an enforcement warrant 30 36 Notice to be provided on removal of number plates 30 37 Heading to Part 14 substituted and Division 1 heading inserted 30 38 Application of Division 1 of Part 14 30 39 Section 165 substituted 31 40 New sections 165A and 165B inserted 33 41 Amendments consequential on substitution of section 165 34 42 New Division 2 inserted into Part 14 35 43 New Division heading inserted into Part 14 46 44 Enforcement and payment report 46 45 Regulations 47 46 New sections 186A to 186E inserted 48 47 Lodgeable infringement offences 51 48 Section 200 substituted 51 49 New section 201A inserted 52 50 Infringement offences, internal review and work and development permits consequential amendments and repeals 53 51 Section 239 substituted 53 52 Imprisonment in default of payment of outstanding fines 55 53 Regulations—work and development permit powers inserted 55 54 New Part 16 inserted 55 55 Section 282 substituted 57 56 Section 283 substituted 57 57 New section 9AG inserted into Road Safety Act 1986 57 58 Repeal of amending Parts of Fines Reform Act 2014 58 Part 3—Amendment of Infringements Act 2006 59 Division 1—Interim arrangements for lodgeable infringement offences 59 59 Definitions 59 60 Infringement offences to which this Act applies 59 -- 2 of 121 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 2—Interim arrangements for work and development permits and internal review 60 61 New definitions inserted 60 62 Guidelines 62 63 Application of Division 3 of Part 2 62 64 Application for internal review 63 65 Review by enforcement agency 64 66 What can an enforcement agency decide on review? 64 67 New Division 3A inserted into Part 2 67 68 Expiating the offence 78 69 Effect of expiation 78 70 Agreeing to pay by instalments has same effect as a full payment 79 71 Cancellation of certain infringement notices 79 72 New section 41A inserted 80 73 New Part 3A inserted 81 74 New sections 53B to 53D inserted 82 75 Lodgement of infringement penalty with infringements registrar 84 76 Extended period for lodgement 84 77 Powers to revoke enforcement orders 85 78 Powers to vary costs or fees 85 79 Warning of execution of infringement warrant—seven-day notice 86 80 Executing infringement warrant after 7 day period 86 81 Infringements registrar may stay infringement warrant 86 82 Regulations 87 83 New Part 16 inserted 87 Division 3—Interim arrangements for imprisonment and outstanding fines 90 84 Definitions 90 85 Division heading in Part 12 substituted 91 86 Section 160 substituted and new sections 160AA and 160AB inserted 91 87 Amendments consequential on substitution of section 160 95 88 New Division 3 heading inserted in Part 12 96 89 Section 161A substituted and new sections 161B to 161K inserted 96 Division 4—Amendments consequential on commencement of Fines Reform Act 2014 106 90 Definitions 106 91 Work and development permits 107 92 Effect of expiation 107 -- 3 of 121 -- Section Page iv Authorised by the Chief Parliamentary Counsel 93 Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes 108 94 Extension of time for commencement of proceedings if work and development permit cancelled 108 95 Regulations—repeal of work and development powers 108 Division 5—Other amendments 108 96 Person may elect to have matter heard in Court or Children's Court 108 97 Enforcement agency can refer matter to Court or Children's Court 109 98 Withdrawal of infringement notice 109 99 Application of Division 3 of Part 2 109 100 Application of Division 4 of Part 2 109 101 Exceptions to expiation 109 102 Application of Division 6 of Part 2 110 103 Effect of enforcement order 110 104 Application of Division 3 of Part 4 110 105 Service deemed despite document being returned to sender 110 106 New section 211A inserted 111 Part 4—Amendment of other Acts 113 Division 1—Children, Youth and Families Act 2005 113 107 Definitions in Schedule 3 113 108 Application for registration of infringement penalty 113 109 New clause 4A inserted in Schedule 3 114 110 Decision to go to Court 114 Division 2—Privacy and Data Protection Act 2014 115 111 Definitions 115 Part 5—Repeal of amending Act 116 112 Repeal of amending Act 116 ═══════════════ Endnotes 117 1 General information 117 -- 4 of 121 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Fines Reform and Infringements Acts Amendment Act 2016 † No. 29 of 2016 [Assented to 31 May 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are to amend the Fines Reform Act 2014 and the Infringements Act 2006— (a) to further provide for work and development permits; and Victoria -- 5 of 121 -- Part 1—Preliminary Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to further provide for the ability of a person to apply for an order to serve a period of imprisonment in default of payment of outstanding fines under infringement warrants; and (c) to provide for outstanding fines under infringement warrants against a person to be converted and for the making of an order in respect of any remaining amount of outstanding fines; and (d) to provide for an amount of registered infringement fines against a person to be the subject of an application of the Director, Fines Victoria to the Magistrates' Court— (i) for the making of an order that the person serve a period of imprisonment in default of payment of the amount of registered infringement fines; and (ii) for an order in respect of any remaining amount of registered infringement fines; and (e) to delay the commencement of the Fines Reform Act 2014; and (f) to bring forward the commencement of some of the measures in the Fines Reform Act 2014 by including them in the Infringements Act 2006; and (g) to harmonise court powers to deal with infringement offenders brought before the court; and (h) to make other minor and consequential amendments to those and other Acts. -- 6 of 121 -- Part 1—Preliminary Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 3 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) This Act, except Divisions 1, 2, 3 and 4 of Part 3, and Part 4, comes into operation on the day after the day on which it receives the Royal Assent. (2) Division 4 of Part 3 comes into operation on the day on which section 240(1) of the Fines Reform Act 2014 comes into operation. (3) Subject to subsections (4) and (5), Divisions 1, 2 and 3 of Part 3, and Part 4, come into operation on a day or days to be proclaimed. (4) If a provision of Division 1, 2 or 3 of Part 3, or Part 4 (except sections 107(2), 109(2) and Division 2), does not come into operation before 1 July 2017, it comes into operation on that day. (5) If section 107(2) or 109(2) or a provision of Division 2 of Part 4 does not come into operation before 31 December 2017, it comes into operation on that day. -- 7 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Fines Reform Act 2014 3 Commencement of Fines Reform Act 2014 In section 2(2) of the Fines Reform Act 2014, for "30 June 2016" substitute "31 December 2017". 4 Definitions (1) In section 3 of the Fines Reform Act 2014 insert the following definitions— "eligible person means a person— (a) served with an infringement notice; and (b) who— (i) has a mental or intellectual disability, disorder or illness; or (ii) has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981; or (iii) is experiencing homelessness in accordance with the prescribed criteria (if any); or (iv) is experiencing acute financial hardship; or (v) is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008; Note The work and development permit guidelines made by the Attorney-General under section 10L specify the kind of circumstances that should apply to a person in order to satisfy the Director that the person is an eligible person. -- 8 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 5 Authorised by the Chief Parliamentary Counsel fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person because of— (a) an order under section 165; or (b) being in default of— (i) an instalment order; or (ii) the payment of a fine; health practitioner means— (a) a registered medical practitioner; or (b) a registered psychologist; or (c) a nurse; non-fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence; nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); time served order means an order made by the Magistrates' Court under section 171B(1); work and development permit guidelines means the guidelines prepared by the Attorney-General under section 10L.". -- 9 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 6 Authorised by the Chief Parliamentary Counsel (2) In section 3 of the Fines Reform Act 2014— (a) for the definition of accredited agency substitute— "accredited agency means an organisation accredited under Part 2A to provide a work and development permit under that Part; Example A health practice is an example of an organisation that might apply to become an accredited agency."; (b) for the definition of accredited health practitioner substitute— "accredited health practitioner means a person who is a qualified health practitioner accredited under Part 2A to provide a work and development permit under that Part;"; (c) for the definition of time to pay order substitute— "time to pay order means— (a) a time to pay order within the meaning of the Sentencing Act 1991, including a time to pay order being managed by payment arrangement; or (b) a time to pay order made under section 165(3)(b), 165A(1)(a), 171C(4)(b) or 171D(1)(a);"; -- 10 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 7 Authorised by the Chief Parliamentary Counsel (d) for the definition of work and development permit substitute— "work and development permit means a permit referred to in section 10A;". (3) In section 3 of the Fines Reform Act 2014, in the definition of instalment order, in paragraph (b), for "section 165;" substitute "section 165(3)(c), 165A(1)(b), 165A(2)(b), 171C(4)(c), 171D(1)(b) or 171D(2)(b);". 5 Powers to waive or reduce costs or fees For section 9(4) of the Fines Reform Act 2014 substitute— "(4) If the Director reduces costs or fees under subsection (1), the reduced amount must be paid— (a) within 21 days; or (b) if a payment arrangement has been made in respect of the reduced costs or fees, in accordance with that payment arrangement. (5) If a person makes a part payment of the reduced enforcement costs or other fees that is not part of a payment arrangement, or fails to pay reduced enforcement costs or other fees in accordance with subsection (4), any enforcement action available under this Act or the Infringements Act 2006 may resume from the point that any enforcement action under this Act or the Infringements Act 2006 had reached at the time the reduction was made under subsection (1).". -- 11 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 8 Authorised by the Chief Parliamentary Counsel 6 New Part 2A inserted After Part 2 of the Fines Reform Act 2014 insert— "Part 2A—Work and development permits 10A Work and development permits A work and development permit is a permit issued by the Director to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement fine by— (a) participating in unpaid work under the supervision of an accredited agency; or (b) completing a suitable course, including educational, vocational or life skills courses; or (c) undergoing treatment given by an accredited health practitioner; or (d) receiving financial or other types of counselling; or (e) in the case of an eligible person under the age of 25 years, participating in a mentoring program. 10B Application for work and development permit (1) Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Director for a work and development permit on behalf of that eligible person. -- 12 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 9 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) must not be made if— (a) the seven-day notice has expired; or (b) an attachment of earnings direction or an attachment of debts direction has been made; or (c) a land charge has been recorded; or (d) property has been seized under a vehicle seizure and sale notice; or (e) an infringement fine has been paid; or (f) the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005. (3) An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 10E. (4) An application under subsection (1) must specify— (a) the name and address of the eligible person; and (b) as appropriate— (i) the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or -- 13 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 10 Authorised by the Chief Parliamentary Counsel (ii) the accredited health practitioner making the application; and (c) the grounds for requesting the work and development permit including each infringement offence to which the work and development permit will relate; and (d) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and (e) a proposed time for the completion of those activities. (5) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement fines under the work and development permit until the Director makes a decision under section 10C. 10C Approval of work and development permit The Director may approve an application for a work and development permit made under section 10B if the Director is satisfied that the application is in respect of an eligible person. 10D Effect of work and development permit (1) If a work and development permit is approved under section 10C, further action under the Infringements Act 2006 or enforcement action under this Act against the eligible person in respect of the infringement fine is suspended until— -- 14 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 11 Authorised by the Chief Parliamentary Counsel (a) the eligible person completes the work and development permit; or (b) the work and development permit is cancelled. (2) If a person who is subject to a work and development permit completes the work and development permit, any infringement fine to which the work and development permit relates is satisfied to the extent set out in the permit. (3) If a work and development permit is cancelled or partially completed, the enforcement agency may— (a) take action under the Infringements Act 2006 to recover any outstanding amount of the infringement penalty and any prescribed costs; or (b) if appropriate— (i) take enforcement action under this Act by registering the infringement fine under this Act; or (ii) continue any enforcement action that was suspended when the application for the work and development permit was made under section 10B. (4) If a work and development permit is partially completed, the Director must ensure that the amount of the outstanding infringement fine owed by the eligible person is reduced to reflect the extent of the partial completion of the permit. -- 15 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 12 Authorised by the Chief Parliamentary Counsel (5) Despite subsections (3) and (4), if a work and development permit is varied by suspension for a period under section 10E, for the period of that suspension, action under the Infringements Act 2006 or enforcement action under this Act, must not be taken. 10E Variation or cancellation of work and development permit (1) The Director may vary (including by suspension) or cancel a work and development permit— (a) on the request of a person specified in subsection (2); or (b) on the Director's own motion. (2) A request under subsection (1)(a) may be made by— (a) the person who is subject to the work and development permit or another person on that person's behalf; or (b) the accredited agency or accredited health practitioner supervising the activity, course or treatment. (3) The Director may vary a work and development permit under subsection (1) by suspending it for a specified period if— (a) the person who is subject to the work and development permit is ill; or (b) other exceptional circumstances exist. -- 16 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 13 Authorised by the Chief Parliamentary Counsel 10F Infringement fine may be waived in limited circumstances (1) On the recommendation of the Director, the Secretary may waive the payment of any outstanding amount of the infringement fine owed by an eligible person who is subject to, or has been subject to, a work and development permit. (2) The Director may make a recommendation under subsection (1) if— (a) collection of the outstanding amount of the infringement fine is no longer feasible; and (b) the eligible person has complied with, or has attempted to comply with, a work and development permit. (3) On the Secretary waiving payment under subsection (1), the eligible person is taken to have completed the work and development permit for the purposes of section 32(1A)(b) of the Infringements Act 2006. (4) If the Secretary waives the outstanding amount of an infringement fine under subsection (1), the Secretary must notify in writing— (a) the eligible person; and (b) the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and (c) the enforcement agency that issued the infringement notice. -- 17 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 14 Authorised by the Chief Parliamentary Counsel (5) A notice under subsection (4) must specify— (a) that the Secretary has waived the outstanding amount of the infringement fine; and (b) that the eligible person has expiated the offence. 10G Accredited agencies (1) An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Director to become an accredited agency. (2) An application under subsection (1) must— (a) be made in accordance with the work and development permit guidelines; and (b) include the prescribed particulars (if any). (3) The Director, in the Director's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions. 10H Accredited health practitioners (1) A qualified health practitioner may apply to the Director to become an accredited health practitioner. -- 18 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 15 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) must— (a) be made in accordance with the work and development permit guidelines; and (b) include the prescribed particulars (if any). (3) The Director, in the Director's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Director is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions. 10I Monitoring of accredited agencies and accredited health practitioners The Director may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is— (a) keeping all relevant records in accordance with section 10J; and (b) complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and -- 19 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 16 Authorised by the Chief Parliamentary Counsel (c) complying with any requirements under this Act, the regulations or the work and development permit guidelines. 10J Record-keeping by accredited agencies and accredited health practitioners (1) An accredited agency or accredited health practitioner must— (a) keep a record of all relevant information relating to— (i) any work and development permit for which the accredited agency or accredited health practitioner is responsible; and (ii) the accreditation of the accredited agency or accredited health practitioner, including all evidence demonstrating that the accredited agency or accredited health practitioner meets all necessary requirements for accreditation; and (b) keep any prescribed information. (2) The Director may request an accredited agency or accredited health practitioner to give the Director any information required to be kept under subsection (1). (3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2). 10K Accreditation may be cancelled or surrendered (1) The Director may cancel the accreditation of an accredited agency or accredited health practitioner if— -- 20 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 17 Authorised by the Chief Parliamentary Counsel (a) the accredited agency or accredited health practitioner fails to comply with section 10J(2); or (b) the Director otherwise considers it necessary to do so. (2) An accredited agency may surrender its accreditation at any time by written notification to the Director. (3) An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Director. (4) If an accreditation is cancelled or surrendered in accordance with this section, the Director must advise any person who is subject to a work and development permit that was being supervised— (a) by an organisation, that the organisation has had its accreditation cancelled or has surrendered its accreditation to the Director; or (b) by a health practitioner, that the health practitioner has had the practitioner's accreditation cancelled or has surrendered the practitioner's accreditation to the Director. 10L Work and development permit guidelines (1) For the purposes of this Part, the Attorney-General must make guidelines specifying— (a) the circumstances of a person who has been served with an infringement notice that must be established to satisfy the Director that the person is an eligible person; and -- 21 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 18 Authorised by the Chief Parliamentary Counsel (b) the work-off rates for satisfaction or part satisfaction of an infringement penalty or infringement fine (as appropriate); and (c) the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under work and development permits; and (d) the information and any documents required to be included in any application to become an accredited agency or accredited health practitioner; and (e) the details to be included in any proposed work and development permit to be approved by the Director; and (f) any other matter the Attorney-General considers appropriate for inclusion in the guidelines. (2) The Attorney-General— (a) must cause the work and development permit guidelines to be published in the Government Gazette; and (b) may publish the work and development permit guidelines on the Internet. (3) The work and development permit guidelines take effect— (a) on the date of publication in the Government Gazette; or (b) on a later date specified in the guidelines.". -- 22 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 19 Authorised by the Chief Parliamentary Counsel 7 Referral for collection of court fine by Director In section 13(2) of the Fines Reform Act 2014, after "makes an order" insert "imposing a court fine". 8 Registration of court fine for enforcement At the foot of section 15 of the Fines Reform Act 2014 insert— "Note See Part 5 for the management by a payment arrangement of a court fine or a registered court fine that may or may not have been the subject of an instalment order or a time to pay order.". 9 Registration of infringement fine with Director After section 16(2)(d) of the Fines Reform Act 2014 insert— "(da) a person is not subject to a work and development permit;". 10 Extended period for registration In section 17 of the Fines Reform Act 2014— (a) in paragraph (l), for "notice." substitute "notice;"; (b) after paragraph (l) insert— "(m) if a work and development permit has been cancelled under section 10E and the infringement fine has not already been registered, no more than 6 months after the date on which the work and development permit is cancelled under that section.". -- 23 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 20 Authorised by the Chief Parliamentary Counsel 11 Director may decide that enforcement of infringement offence under this Act is not appropriate After section 20(1) of the Fines Reform Act 2014 insert— "(1A) For the purposes of subsection (1), the circumstances in which the Director may determine that a registered infringement fine is not to be enforced against a person under this Act include, but are not limited to, the following— (a) it is appropriate that the relevant infringement offence be heard and determined by a court; (b) it is unlikely that the outstanding amount of the registered infringement fine would be recovered, having regard to the amount outstanding and the enforcement and payment options available.". 12 Enforcement agency may prosecute or withdraw infringement notice At the end of section 21 of the Fines Reform Act 2014 insert— "(2) If an enforcement agency that receives notice under section 20 commences a proceeding for the alleged offence by filing a charge-sheet under subsection (1)(c), the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notification is received by the enforcement agency. -- 24 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 21 Authorised by the Chief Parliamentary Counsel (3) Subsection (2) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.". 13 New section 21A inserted After section 21 of the Fines Reform Act 2014 insert— "21A Notice to Director on enforcement agency filing a charge-sheet If an enforcement agency commences a proceeding by filing a charge-sheet under section 21(1)(c), the enforcement agency must advise the Director in writing of that commencement.". 14 Effect of notice of final demand in case of registered infringement fine In section 25(1)(b) of the Fines Reform Act 2014, for "sections 95 and 96" substitute "section 95". 15 Options for enforcement of body corporate fine (1) At the foot of section 27(1) of the Fines Reform Act 2014 insert— "Example The Director may commence the recovery of a registered fine as a debt where the registered fine was the subject of an enforcement warrant and that warrant has been recalled and cancelled.". (2) At the foot of section 27(2) of the Fines Reform Act 2014 insert— "Example An enforcement warrant is not outstanding if it has been recalled and cancelled under section 108.". -- 25 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 22 Authorised by the Chief Parliamentary Counsel 16 Declared director (1) In section 29(1) of the Fines Reform Act 2014— (a) in paragraph (b), for "execution." substitute "execution; or"; (b) after paragraph (b) insert— "(c) the person executing an enforcement warrant issued against the body corporate in relation to the registered fine is or may be able to find sufficient personal property of the body corporate to satisfy the amounts in the enforcement warrant together with all lawful costs of execution but, in the course of executing the enforcement warrant, the person becomes aware that the body corporate is under administration within the meaning of the Corporations Act.". (2) At the foot of section 29(1) of the Fines Reform Act 2014 insert— "Note A person executing an enforcement warrant must not seize property of a body corporate that is under administration within the meaning of the Corporations Act.". (3) After section 29(5) of the Fines Reform Act 2014 insert— "(6) Before taking any enforcement action referred to in subsection (5), the Director must serve a notice of final demand on the declared director.". -- 26 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 23 Authorised by the Chief Parliamentary Counsel 17 Director of body corporate may challenge being declared director For section 30(4)(b) of the Fines Reform Act 2014 substitute— "(b) if paragraph (a) does not apply to the person, as soon as practicable after the registration of the court fine, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that— (i) the fine was paid; or (ii) a payment plan or a payment arrangement was made; or (c) if paragraph (a) does not apply to the person, as soon as practicable after the service of the infringement notice for the offence on the body corporate, the person either took all reasonable steps or, in all the circumstances, there were no reasonable steps the person could have taken to ensure that— (i) the fine was paid; or (ii) a payment plan or a payment arrangement was made; or (iii) the body corporate appointed an administrator under the Corporations Act; or (iv) the body corporate was wound up in accordance with the Corporations Act.". -- 27 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 24 Authorised by the Chief Parliamentary Counsel 18 Application of enforcement review (1) For section 32(1)(d) of the Fines Reform Act 2014 substitute— "(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.". (2) In section 32(4)(e) of the Fines Reform Act 2014, for "vehicle search and seizure notice" substitute "vehicle seizure and sale notice". 19 Limit on applications for enforcement review (1) In section 33(1) of the Fines Reform Act 2014, for "An application made under section 32(1)(a) or (c)" substitute "Subject to subsection (1A), an application made under section 32(1)(a), (c) or (d)". (2) After section 33(1) of the Fines Reform Act 2014 insert— "(1A) An application referred to in subsection (1) must not be made if an application referred to in subsection (2) has been made in relation to the infringement offence.". (3) In section 33(4) of the Fines Reform Act 2014, for "must not consider" substitute "must refuse". (4) Section 33(5) of the Fines Reform Act 2014 is repealed. 20 Conduct of enforcement actions during enforcement review Section 36(2) of the Fines Reform Act 2014 is repealed. -- 28 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 25 Authorised by the Chief Parliamentary Counsel 21 Outcome of enforcement review For section 37(2) of the Fines Reform Act 2014 substitute— "(2) Within 21 days of making a decision on the enforcement review, the Director must— (a) if the decision of an enforcement agency is confirmed under subsection (1)(a), serve written notice of the infringement confirmation on the applicant; or (b) if the enforcement of the infringement fine is cancelled under subsection (1)(b), serve written notice of the enforcement cancellation on— (i) the applicant; and (ii) the enforcement agency.". 22 Enforcement agency must withdraw infringement notice if Director issues enforcement cancellation (1) In the heading to section 38 of the Fines Reform Act 2014, for "issues" substitute "serves". (2) In section 38(1) of the Fines Reform Act 2014— (a) for "that receives" substitute "that is served"; (b) for "28 days" substitute "90 days". (3) In the example at the foot of section 38(2)(c) of the Fines Reform Act 2014, for "an infringement notice to the correct person" substitute "a new infringement notice". -- 29 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 26 Authorised by the Chief Parliamentary Counsel 23 New section 38A inserted After section 38 of the Fines Reform Act 2014 insert— "38A Notice to Director on filing charge-sheet following enforcement cancellation If an enforcement agency commences a proceeding by filing a charge-sheet under section 38(1)(a)(iii), the enforcement agency must advise the Director in writing of that commencement.". 24 Extended period for commencing proceeding for offence (1) In section 39(1) of the Fines Reform Act 2014, for "notification" substitute "service". (2) After section 39(1) of the Fines Reform Act 2014 insert— "(1A) If the Director serves an enforcement cancellation in circumstances referred to in section 38(2), the period during which a proceeding for the alleged offence may be commenced by filing a charge-sheet is extended by 6 months after the date of that service.". (3) In section 39(2) of the Fines Reform Act 2014, for "Subsection (1) has" substitute "Subsections (1) and (1A) have". 25 Time to pay or enter payment arrangement if infringement confirmation served (1) In the heading to section 40 of the Fines Reform Act 2014, for "or enter payment arrangement" substitute ", enter payment arrangement or apply for work and development permit". -- 30 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 27 Authorised by the Chief Parliamentary Counsel (2) In section 40(1) of the Fines Reform Act 2014— (a) in paragraph (b), for "arrangement." substitute "arrangement; or"; (b) after paragraph (b) insert— "(c) apply to the Director for a work and development permit.". (3) In section 40(2) of the Fines Reform Act 2014, for "of receiving written notice of the infringement confirmation" substitute "of written notice of the infringement confirmation being served". 26 Summons for oral examination and production of information In section 63(1) of the Fines Reform Act 2014, after "person" insert "who is a fine defaulter". 27 Application of Part 8 At the foot of section 88(1) of the Fines Reform Act 2014 insert— "Note See section 24(1).". 28 Sanctions that may be imposed on a fine defaulter In section 89(1)(a) and (b) of the Fines Reform Act 2014, for "person" substitute "fine defaulter". 29 New section 94A inserted After section 94 of the Fines Reform Act 2014 insert— "94A Vehicle in name of business (1) If the Director becomes aware that the registered operator of a vehicle is a business, the Director may direct VicRoads to take reasonable steps to transfer the registration -- 31 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 28 Authorised by the Chief Parliamentary Counsel of the vehicle to the name of a natural person or a body corporate. (2) If VicRoads is unable to comply with subsection (1) within a reasonable time, the Director may direct VicRoads to cancel the registration of the vehicle.". 30 Land becomes subject to charge In section 97(3) of the Fines Reform Act 2014— (a) in paragraph (b), before "the person" insert "in the case of a natural person,"; (b) after paragraph (b) insert— "(ba) in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or". 31 Removal of land charge In section 98(1) of the Fines Reform Act 2014— (a) in paragraph (b), for "the fine defaulter" substitute "in the case of a natural person, the person"; (b) after paragraph (b) insert— "(ba) in the case of a body corporate, the person in respect of whom the land charge was made becomes a deregistered body corporate; or". 32 Imprisonment of person on execution of enforcement warrant In section 112 of the Fines Reform Act 2014 omit "following the execution of an enforcement warrant". -- 32 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 29 Authorised by the Chief Parliamentary Counsel 33 Warning of execution of enforcement warrant— seven-day notice In section 119(3) of the Fines Reform Act 2014— (a) in paragraph (c), for "arrangement." substitute "arrangement; or"; (b) after paragraph (c) insert— "(d) applied to the Director for a work and development permit.". 34 Executing enforcement warrant after expiry of seven-day notice (1) In section 121(2) of the Fines Reform Act 2014— (a) in paragraph (d), for "determined." substitute "determined; or"; (b) after paragraph (d) insert— "(e) has applied for a work and development permit which has not been determined; or (f) has applied for an attachment of earnings direction which has not been determined; or (g) has applied for an attachment of debts direction which has not been determined.". (2) For section 121(3) of the Fines Reform Act 2014 substitute— "(3) If an application referred to in subsection (2)(c), (d), (e), (f) or (g) has been made by the fine defaulter, no step may be taken in the execution of an enforcement warrant until the application is determined.". -- 33 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 30 Authorised by the Chief Parliamentary Counsel 35 Stay of an enforcement warrant In section 125(1) of the Fines Reform Act 2014— (a) in paragraph (c), for "made." substitute "made;"; (b) after paragraph (c) insert— "(d) a work and development permit has been approved.". 36 Notice to be provided on removal of number plates At the end of section 141 of the Fines Reform Act 2014 insert— "(2) A person must not remove, other than in accordance with this Part, a notice attached to a windscreen under subsection (1). Penalty: 60 penalty units.". 37 Heading to Part 14 substituted and Division 1 heading inserted For the heading to Part 14 of the Fines Reform Act 2014 substitute— "Part 14—Registered infringement fines, imprisonment and time served orders Division 1—Infringement offender and imprisonment". 38 Application of Division 1 of Part 14 (1) In the heading to section 163 of the Fines Reform Act 2014, for "Part" substitute "Division". (2) In section 163 of the Fines Reform Act 2014, for "Part" substitute "Division". -- 34 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 31 Authorised by the Chief Parliamentary Counsel 39 Section 165 substituted For section 165 of the Fines Reform Act 2014 substitute— "165 Powers of the Magistrates' Court (1) If the Magistrates' Court is satisfied of a matter specified in subsection (2) on an infringement offender being brought before the Court in respect of any outstanding registered infringement fine under an enforcement warrant, the Court may make an order— (a) discharging in full any registered infringement fine; or (b) discharging in part any registered infringement fine; or (c) discharging in part any registered infringement fine and order that the infringement offender be imprisoned for a term fixed in accordance with section 165B; or (d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or (e) adjourning the further hearing of the matter for a period of up to 6 months. (2) For the purposes of subsection (1), the specified matters are— (a) that an infringement offender has a mental or intellectual impairment, disorder, disease or illness; or (b) without limiting paragraph (a), that special circumstances apply to an infringement offender; or -- 35 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 32 Authorised by the Chief Parliamentary Counsel (c) that having regard to an infringement offender's situation, imprisonment would be excessive, disproportionate or unduly harsh. (3) If the Magistrates' Court is not satisfied of a matter specified in subsection (2) the Court may make one or more of the following— (a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; (b) a time to pay order; (c) an instalment order; (d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit; (e) an order that the infringement offender be imprisoned for a term fixed in accordance with section 165B. (4) The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) if the infringement offender satisfies the Court that the infringement offender— (a) did not have the capacity to pay the registered infringement fine; or (b) had another reasonable excuse for the non-payment. (5) The Magistrates' Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case.". -- 36 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 33 Authorised by the Chief Parliamentary Counsel 40 New sections 165A and 165B inserted After section 165 of the Fines Reform Act 2014 insert— "165A Additional powers of the Magistrates' Court (1) If the Magistrates' Court makes an order under section 165(1)(b) discharging in part any registered infringement fine, the Court, in respect of any undischarged registered infringement fine, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Magistrates' Court makes an order under section 165(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding registered infringement fine— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and (b) the Court may make an instalment order in respect of the payment of any outstanding registered infringement fine. Note A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). (3) If the Magistrates' Court makes an order under section 165(1)(b) or subsection (1) and the infringement offender contravenes the order by failing to pay the undischarged amount of the registered infringement fine in -- 37 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 34 Authorised by the Chief Parliamentary Counsel accordance with the order, the Court may issue a warrant to arrest the infringement offender under section 61 of the Magistrates' Court Act 1989. (4) If an infringement offender is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may— (a) confirm any order originally made under section 165(1)(b) or subsection (1); or (b) cancel any order originally made under section 165(1)(b) or subsection (1) and deal with the infringement offender as if the infringement offender had just been brought before the Court under section 165. (5) The Magistrates' Court, in determining how to deal with an infringement offender under subsection (4), must take into account the extent to which the infringement offender has complied with an order made under section 165(1)(b) or subsection (1). 165B Term of imprisonment The term for which a person in default of payment of an amount of the registered infringement fine may be imprisoned under section 165 is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.". 41 Amendments consequential on substitution of section 165 (1) In section 166(1) of the Fines Reform Act 2014, for "section 165(5)(b)" substitute "section 165A(2)(b)". -- 38 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 35 Authorised by the Chief Parliamentary Counsel (2) In section 167 of the Fines Reform Act 2014— (a) in subsection (1), for "section 165(3)" substitute "section 165(3)(e)"; (b) in subsection (5), for "section 165(5)(a)" substitute "section 165A(2)(a)"; (c) in subsection (6)(a), for "section 165(5)(b)" substitute "section 165A(2)(b)". (3) In section 168 of the Fines Reform Act 2014— (a) in subsections (1)(a) and (2)(a), for "section 165(3)" substitute "section 165(3)(e)"; (b) in subsection (2)(b)(i), for "section 165(5)(a)" substitute "section 165A(2)(a)"; (c) in subsection (2)(b)(ii), for "section 165(5)(b)" substitute "section 165A(2)(b)". (4) In sections 169(1) and 170 of the Fines Reform Act 2014, for "section 165(3)" substitute "section 165(3)(e)". 42 New Division 2 inserted into Part 14 After section 171 of the Fines Reform Act 2014 insert— "Division 2—Time served orders in respect of registered infringement fines 171A Application of the Director on behalf of person in custody (1) A person who is in custody and who is the subject of any registered infringement fine may request in writing that the Director apply to the Magistrates' Court for an order -- 39 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 36 Authorised by the Chief Parliamentary Counsel for the person to serve a term of imprisonment in default of payment of the registered infringement fine. (2) The Director may apply to the Magistrates' Court for— (a) a time served order in respect of the person if a non-fine related sentence has been imposed on the person and the person is serving that sentence at the time the Director applies to the Court under this subsection; or (b) an order under section 171C in respect of the person if the person is in custody because of a fine related sentence or a non-fine related sentence at the time the Director applies to the Court under this subsection; or (c) an order referred to in both paragraphs (a) and (b). (3) An application must not be made in respect of a registered infringement fine if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the registered infringement fine relates was taken into custody. 171B Time served orders (1) The Magistrates' Court may order that the person who is the subject of an application under section 171A(2) serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the registered infringement fine in default of payment of that registered infringement fine. -- 40 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 37 Authorised by the Chief Parliamentary Counsel (2) If the Magistrates' Court makes a time served order, the Court must take as time served the period before the Director applied under section 171A(2) during which the person was in custody. (3) The Magistrates' Court may make a time served order whether or not the person— (a) is brought before the Court; or (b) has been released from custody after the Director applied to the Court under section 171A(2). (4) If the Magistrates' Court makes a time served order for a part of the amount of the registered infringement fine, it may make an order under section 171C in respect of any remaining amount. (5) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. 171C Orders of Magistrates' Court for any registered infringement fine or any remaining amount (1) This section applies— (a) in respect of a person who is the subject of an application by the Director under section 171A(2) and who— (i) is only in custody because of a fine related sentence; or (ii) has completed the fine related sentence that the person was serving, on the Director applying to the Court; or -- 41 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 38 Authorised by the Chief Parliamentary Counsel (b) if the Magistrates' Court has made a time served order in respect of a person— (i) who is in custody because of a non-fine related sentence and the term imposed under the time served order exceeds the term of the non-fine related sentence; or (ii) who has completed a non-fine related sentence and the term imposed under the time served order exceeds the term of that non-fine related sentence. (2) If the Magistrates' Court is satisfied of a matter specified in subsection (3) in respect of the person, the Court may make an order— (a) discharging in full any registered infringement fine; or (b) discharging in part any registered infringement fine; or (c) discharging in part any registered infringement fine and order that the person be imprisoned for a term fixed in accordance with section 171E(1); or (d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or (e) adjourning the further hearing of the matter for a period of up to 6 months. (3) For the purposes of subsection (2), the specified matters are— (a) that the person has a mental or intellectual impairment, disorder, disease or illness; or -- 42 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 39 Authorised by the Chief Parliamentary Counsel (b) without limiting paragraph (a), that special circumstances apply to the person; or (c) that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh. (4) If the Magistrates' Court is not satisfied of a matter specified in subsection (3), the Court may make one or more of the following— (a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; (b) a time to pay order; (c) an instalment order; (d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit; (e) an order that the person be imprisoned for a term fixed in accordance with section 171E(1). (5) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person— (a) did not have the capacity to pay the registered infringement fine; or (b) had another reasonable excuse for the non-payment. (6) The Magistrates' Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. -- 43 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 40 Authorised by the Chief Parliamentary Counsel (7) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. 171D Additional powers of the Magistrates' Court (1) If the Magistrates' Court makes an order under section 171C(2)(b) discharging in part any registered infringement fine, the Court, in respect of any undischarged registered infringement fine, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Magistrates' Court makes an order under section 171C(2)(c) or (4)(e) for imprisonment in default of payment of any registered infringement fine— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and (b) the Court may make an instalment order in respect of the payment of any registered infringement fine. Note A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). (3) If the Magistrates' Court makes an order under section 171C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the registered infringement fine in accordance -- 44 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 41 Authorised by the Chief Parliamentary Counsel with the order, the Court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989. (4) If a person is brought before the Magistrates' Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may— (a) confirm any order originally made under section 171C(2)(b) or subsection (1); or (b) cancel any order originally made under section 171C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the Court under section 171C(2). (5) The Magistrates' Court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 171C(2)(b) or subsection (1). (6) For the purposes of this section, the Magistrates' Court must have regard to any enforcement and payment report in respect of the person filed with the Court by the Director. 171E Term of imprisonment including whether cumulative or concurrent (1) The term for which a person in default of payment of an amount of the registered infringement fine may be imprisoned under this Division is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months. -- 45 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 42 Authorised by the Chief Parliamentary Counsel (2) A term of imprisonment imposed under a time served order must be served concurrently with the non-fine related sentence imposed on the person before that order is made. (3) A term of imprisonment imposed under section 171C(2)(c) or (4)(e) on a person must be served cumulatively on a fine related sentence or a non-fine related sentence that the person is serving. 171F Contact details of person (1) If a person is the subject of an application of the Director under section 171A(2) and is released from custody before the application is heard, the person must give the Director contact details for the person following release to enable the Director to notify the person of— (a) the relevant details of the application, including when and where it will be heard by the Magistrates' Court; and (b) if the person fails to appear before the Magistrates' Court, the outcome of the application. (2) For the purposes of subsection (1), any of the following may be given to the Director as contact details— (a) an email address; (b) a postal address; (c) a telephone number. 171G Variation of instalment order (1) A person may apply to the Magistrates' Court to vary an instalment order made under section 171D(2)(b). -- 46 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 43 Authorised by the Chief Parliamentary Counsel (2) On an application under subsection (1), the Magistrates' Court may vary the instalment order if satisfied— (a) that the circumstances of the person have materially altered since the order was made and as a result the person is unable to comply with the order; or (b) that the circumstances of the person were wrongly stated or were not accurately presented to the Court. 171H Application for rehearing in certain circumstances (1) If the Magistrates' Court makes an order under section 171C(4)(e), the person may apply for a rehearing of the matter. (2) An application under subsection (1) is to be in accordance with the rules of court (if any). (3) A rehearing may only be sought on the basis that— (a) at the time of the hearing— (i) the person had a mental or intellectual impairment, disorder, disease or illness; or (ii) without limiting subparagraph (i), that special circumstances applied to the person— and this was not taken into account or was not before the Magistrates' Court at the time of the hearing under section 171C; or -- 47 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 44 Authorised by the Chief Parliamentary Counsel (b) at the time of the hearing under section 171C, evidence was not taken into account or before the Magistrates' Court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh. (4) If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the Magistrates' Court to reapply. (5) A warrant to imprison issued in accordance with section 171D(2)(a) that has not been executed in relation to a matter must be— (a) recalled and cancelled by a registrar of the Magistrates' Court— (i) on the filing of an application under this section for a rehearing of a matter; or (ii) on the filing of an application under this section to obtain the leave of the Magistrates' Court; and (b) reissued on the striking out or refusal of a rehearing or leave by the Magistrates' Court. (6) The Magistrates' Court must— (a) stay an instalment order made under section 171D(2)(b)— (i) on the filing of an application under this section for a rehearing of a matter; or -- 48 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 45 Authorised by the Chief Parliamentary Counsel (ii) on the filing of an application under this section to obtain the leave of the Court; and (b) lift the stay on the striking out or refusal of a rehearing by the Court. 171I Determination of rehearing (1) On rehearing a matter under section 171H, if the Magistrates' Court is satisfied, on the balance of probabilities, that a ground referred to in section 171H(3) has been established, the Court may— (a) cancel the order made under section 171C(4)(e); and (b) exercise any power available to the Court under section 171C in respect of the person. (2) If the Magistrates' Court is not satisfied that a ground referred to in section 171H(3) has been established, the Court— (a) must confirm the order to imprison the person under section 171C(4)(e); and (b) may— (i) issue a warrant to imprison the person under section 171D(2)(a) if the person is not in custody; and (ii) lift a stay on an instalment order (if any) made in respect of the person under section 171D(2)(b). (3) Subject to section 171H(4), the Magistrates' Court may only rehear a matter once. -- 49 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 46 Authorised by the Chief Parliamentary Counsel 171J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 171C(4)(e) who makes an application under section 171H may apply to the Magistrates' Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Magistrates' Court may grant the person bail pending rehearing of the matter. 171K Person in custody If a person who is in custody makes an application under section 171H and is granted bail, the order made under section 171C(4)(e) to imprison the person is stayed until the rehearing is determined.". 43 New Division heading inserted into Part 14 Before section 172 of the Fines Reform Act 2014 insert— "Division 3—Enforcement and payment reports". 44 Enforcement and payment report (1) For section 172(1) and the note at the foot of section 172(1) of the Fines Reform Act 2014 substitute— "(1) The Director must prepare an enforcement and payment report if— (a) in accordance with section 21(1)(c) a person is charged with an offence following the determination not to enforce the registered infringement fine; or -- 50 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 47 Authorised by the Chief Parliamentary Counsel (b) in accordance with section 38(1)(a)(iii) a person is charged with an offence on the withdrawal of the infringement notice; or (c) an infringement offender or a fine defaulter, as the case requires, is granted bail on being arrested to be dealt with in accordance with Division 1 of this Part or Part 3B of the Sentencing Act 1991; or Note See section 69FA of the Sentencing Act 1991 for the powers of the court after a fine defaulter who is the subject of registered court fines is arrested and brought before the court. (d) a person is the subject of an application to the Magistrates' Court by the Director under section 171A(2).". (2) In section 172(2)(a) and (b) of the Fines Reform Act 2014, for "the infringement offender or the fine defaulter" substitute "the infringement offender or the fine defaulter or the person (as the case requires)". 45 Regulations After section 185(1)(a) of the Fines Reform Act 2014 insert— "(ab) the reporting obligations of accredited agencies and accredited health practitioners supervising work and development permits; and (ac) the issuing of agency accreditation and health practitioner accreditation for the purposes of work and development permits; and -- 51 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 48 Authorised by the Chief Parliamentary Counsel (ad) requirements for record-keeping in relation to work and development permits; and". 46 New sections 186A to 186E inserted After section 186 of the Fines Reform Act 2014 insert— "186A Work and development permits applied for or approved under Infringements Act 2006 (1) A work and development permit approved by the Secretary under section 27C of the Infringements Act 2006, on and from the repeal of that section, is taken to be a work and development permit approved by the Director under section 10C and has effect accordingly. (2) An application made to the Secretary for a work and development permit under section 27B of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director for a work and development permit under section 10B. 186B Variation or cancellation of work and development permit under Infringements Act 2006 (1) A work and development permit that has been varied or cancelled by the Secretary under section 27E of the Infringements Act 2006, on and from the repeal of that section, is taken to be a work and development permit varied or cancelled by the Director under section 10E and has effect accordingly. -- 52 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 49 Authorised by the Chief Parliamentary Counsel (2) A request made to the Secretary under section 27E(1)(a) of the Infringements Act 2006 for a work and development permit to be varied or cancelled that is pending before the repeal of that section, on the repeal of that section, is taken to be a request to the Director for a work and development permit to be varied or cancelled under section 10E(1)(a). 186C Accredited agencies and accredited health practitioners accredited under Infringements Act 2006 (1) An organisation accredited under section 27G of the Infringements Act 2006, on and from the repeal of that section— (a) is taken to be accredited under section 10G; and (b) is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions— (i) were imposed on an accreditation issued under section 10G; or (ii) were prescribed under this Act. (2) A health practitioner accredited under section 27H of the Infringements Act 2006, on and from the repeal of that section— (a) is taken to be accredited under section 10H; and (b) is subject to the same conditions specified in the accreditation (if any) and any prescribed conditions as if those conditions— -- 53 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 50 Authorised by the Chief Parliamentary Counsel (i) were imposed on an accreditation issued under section 10H; or (ii) were prescribed under this Act. (3) An application made to the Secretary by an organisation to become an accredited agency under section 27G of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited agency under section 10G and is to be considered by the Director accordingly. (4) An application made to the Secretary by a health practitioner to become an accredited health practitioner under section 27H of the Infringements Act 2006 that is pending before the repeal of that section, on the repeal of that section, is taken to be an application to the Director to become an accredited health practitioner under section 10H and is to be considered by the Director accordingly. 186D Record-keeping under Infringements Act 2006 A request made by the Secretary to an accredited agency or accredited health practitioner under section 27J(2) of the Infringements Act 2006 that has not been complied with before the repeal of that section, on the repeal of that section, is taken to be a request made by the Director under section 10J(2) and must be complied with accordingly. -- 54 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 51 Authorised by the Chief Parliamentary Counsel 186E Work and development permit guidelines Any guidelines made by the Attorney-General under section 27L of the Infringements Act 2006, on and from the repeal of that section, are taken to be guidelines made by the Attorney-General under section 10L.". 47 Lodgeable infringement offences In section 187 of the Fines Reform Act 2014, for "prescribed to be" substitute "that is". 48 Section 200 substituted For section 200 of the Fines Reform Act 2014 substitute— "200 Transitional provision for pre-commencement court fines (1) Despite section 14 of the Interpretation of Legislation Act 1984, a court fine imposed by the Magistrates' Court or the County Court but not defaulted on before the commencement of section 13 is taken, on and from that commencement and to the extent that it has not been paid, to be referred to the Director for collection and management in accordance with Part 3, unless it is a court fine— (a) of a prescribed type or class; or (b) imposed in respect of a prescribed offence or class of offences. (2) If a court fine is imposed on a person before the commencement of section 15 and the person defaults on that court fine before that commencement, on and from that commencement, that court fine is taken to be -- 55 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 52 Authorised by the Chief Parliamentary Counsel registered with the Director for enforcement under section 15 despite the original order imposing the court fine being made before that commencement unless— (a) a court otherwise orders; or (b) before that commencement, action has been taken in relation to that default; or (c) it is a court fine— (i) of a prescribed type or class; or (ii) imposed in respect of a prescribed offence or class of offences. (3) This section is in addition to, and does not derogate from, any powers of a court under the Sentencing Act 1991. (4) This section does not limit or otherwise affect any jurisdiction or power that a court has in relation to contempt of court.". 49 New section 201A inserted After section 201 of the Fines Reform Act 2014 insert— "201A Request and application made under section 161A of the Infringements Act 2006 (1) If a person made a request to the sheriff under section 161A(1) of the Infringements Act 2006 and the sheriff has not made an application in respect of the request before the commencement day, the request, on and after the commencement day, is taken to be a request made to the Director under section 171A(1). -- 56 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 53 Authorised by the Chief Parliamentary Counsel (2) If an application was made under section 161A(2) of the Infringements Act 2006 and the application has not been heard and determined by the Magistrates' Court before the commencement day in respect of that application any outstanding fine that is the subject of an infringement warrant is taken to be a registered infringement fine and section 171A(2) applies accordingly. (3) In this section— commencement day means the day on which Division 2 of Part 14 comes into operation.". 50 Infringement offences, internal review and work and development permits consequential amendments and repeals (1) Sections 205, 207(4), 214, 215(1), (2)(a) and (4), 216, 217(1) and (2), 218, 220, 221, 222, 223 and 224 of the Fines Reform Act 2014 are repealed. (2) In section 217(3) of the Fines Reform Act 2014, after "section 25(3)" insert ", (4), (5) and (6)". 51 Section 239 substituted For section 239 of the Fines Reform Act 2014 substitute— '239 Guidelines (1) In section 53A(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director". (2) In section 53A(2) of the Infringements Act 2006, for "Secretary" substitute "Director". -- 57 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 54 Authorised by the Chief Parliamentary Counsel 239A Oversight and monitoring by Secretary (1) In the heading to section 53B(1) of the Infringements Act 2006, for "Secretary" substitute "Director". (2) In section 53B(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director". (3) In section 53B(2) of the Infringements Act 2006, for "Secretary" substitute "Director". 239B Recommendations to enforcement agencies In section 53C(1) and (2) of the Infringements Act 2006, for "Secretary" substitute "Director". 239C Reports and recommendations to Attorney-General (1) In section 53D(1) of the Infringements Act 2006, for "Secretary" (where twice occurring) substitute "Director". (2) In section 53D(2) of the Infringements Act 2006, for "Secretary" substitute "Director". (3) In section 53D(3) of the Infringements Act 2006— (a) for "Secretary" (where four times occurring) substitute "Director"; (b) in paragraph (d), for "Secretary's" substitute "Director's". (4) In section 53D(4) of the Infringements Act 2006, for "Secretary" substitute "Director".'. -- 58 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 55 Authorised by the Chief Parliamentary Counsel 52 Imprisonment in default of payment of outstanding fines Section 240(2) of the Fines Reform Act 2014 is repealed. 53 Regulations—work and development permit powers inserted Section 245 of the Fines Reform Act 2014 is repealed. 54 New Part 16 inserted (1) For the heading to section 247 of the Fines Reform Act 2014 substitute— "New Division 3 inserted into Part 16". (2) In section 247 of the Fines Reform Act 2014, for "After Part 15" substitute "After Division 2 of Part 16". (3) In section 247 of the Fines Reform Act 2014, for the heading to proposed new Part 16 of the Infringements Act 2006 substitute— '"Division 3—Fines Reform Act 2014'. (4) In section 247 of the Fines Reform Act 2014, in proposed new section 212 of the Infringements Act 2006, for "Part" substitute "Division". (5) In section 247 of the Fines Reform Act 2014, proposed new sections 213 and 215 of the Infringements Act 2006 are repealed. (6) In section 247 of the Fines Reform Act 2014, for proposed new sections 217 and 218 of the Infringements Act 2006 substitute— -- 59 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 56 Authorised by the Chief Parliamentary Counsel "217 Guidelines, oversight and recommendations (1) Despite the commencement of section 239 of the Fines Reform Act 2014, any guidelines issued under section 53A by the Secretary before that commencement are taken to have been issued by the Director on and from that commencement. (2) Despite the commencement of section 239A of the Fines Reform Act 2014, any request made by the Secretary under section 53B(1) but not complied with under section 53B(2) before that commencement is taken on and from that commencement to have been made by the Director and must be complied with accordingly. (3) Despite the commencement of section 239B of the Fines Reform Act 2014, any recommendation made by the Secretary under section 53C(1) but not reported on by the enforcement agency under section 53C(2) before that commencement— (a) is taken on and from that commencement to have been made by the Director; and (b) must be reported on to the Director accordingly under section 53C(2) as in force after that commencement.". -- 60 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 57 Authorised by the Chief Parliamentary Counsel 55 Section 282 substituted For section 282 of the Fines Reform Act 2014 substitute— '282 Extension of time to object if no actual notice In section 61B(3)(b) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".'. 56 Section 283 substituted For section 283 of the Fines Reform Act 2014 substitute— '283 Section 61C amended (1) In the heading to section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". (2) In section 61C of the Marine (Drug, Alcohol and Pollution Control) Act 1988, after "Infringements Act 2006" insert "or the Fines Reform Act 2014".'. 57 New section 9AG inserted into Road Safety Act 1986 (1) In section 294 of the Fines Reform Act 2014, in the heading to proposed new section 9AG of the Road Safety Act 1986, after "registration" insert "—deregistered body corporate". (2) In section 294 of the Fines Reform Act 2014, in proposed new section 9AG(1) of the Road Safety Act 1986, for "unless, within 14 days (or a longer prescribed period), the registered operator provides evidence to the satisfaction of the Corporation that it is not a deregistered body corporate" substitute "unless the registered operator provides evidence to the satisfaction of -- 61 of 121 -- Part 2—Amendment of Fines Reform Act 2014 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 58 Authorised by the Chief Parliamentary Counsel the Corporation that it is not a deregistered body corporate within 14 days (or a longer prescribed period), the Corporation will cancel the registration of the motor vehicle or trailer". 58 Repeal of amending Parts of Fines Reform Act 2014 In section 331 of the Fines Reform Act 2014, for "30 June 2017" substitute "31 December 2018". -- 62 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 59 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Infringements Act 2006 Division 1—Interim arrangements for lodgeable infringement offences 59 Definitions (1) In section 3(1) of the Infringements Act 2006, for the definition of lodgeable infringement offence substitute— "lodgeable infringement offence means any infringement offence other than a non-lodgeable infringement offence;". (2) In section 3(1) of the Infringements Act 2006 insert the following definition— "non-lodgeable infringement offence means an infringement offence— (a) that is prescribed as a non-lodgeable infringement offence; or (b) that is in a prescribed class of non-lodgeable infringement offences; or (c) under a local law, other than a parking infringement;". 60 Infringement offences to which this Act applies Section 7(4) of the Infringements Act 2006 is repealed. -- 63 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 60 Authorised by the Chief Parliamentary Counsel Division 2—Interim arrangements for work and development permits and internal review 61 New definitions inserted (1) In section 3(1) of the Infringements Act 2006 insert the following definitions— "accredited agency means an organisation accredited under Division 3A of Part 2 to provide a work and development permit under that Division; Example A health practice is an example of an organisation that might apply to become an accredited agency. accredited health practitioner means a person who is a qualified health practitioner accredited under Division 3A of Part 2 to provide a work and development permit under that Division; eligible person means a person— (a) served with an infringement notice; and (b) who— (i) has a mental or intellectual disability, disorder or illness; or (ii) has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981; or (iii) is experiencing homelessness in accordance with the prescribed criteria (if any); or -- 64 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 61 Authorised by the Chief Parliamentary Counsel (iv) is experiencing acute financial hardship; or (v) is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008; Note The work and development permit guidelines made by the Attorney-General under section 27L specify the kind of circumstances that should apply to a person in order to satisfy the Secretary that the person is an eligible person. health practitioner means— (a) a registered medical practitioner; or (b) a registered psychologist; or (c) a nurse; nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); prescribed warrant fee means the fee prescribed under section 81 in respect of the issue of an infringement warrant; registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); work and development permit means a permit referred to in section 27A; work and development permit guidelines means the guidelines prepared by the Attorney-General under section 27L.". -- 65 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 62 Authorised by the Chief Parliamentary Counsel (2) In section 3(1) of the Infringements Act 2006, in the definition of special circumstances— (a) in paragraph (c), for "offence;" substitute "offence; or"; (b) after paragraph (c) insert— "(d) family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence;". (3) In section 3(1) of the Infringements Act 2006, in the definition of VicRoads, for "2010." substitute "2010;". 62 Guidelines Section 5(1)(c)(iii) of the Infringements Act 2006 is repealed. 63 Application of Division 3 of Part 2 At the end of section 21 of the Infringements Act 2006 insert— "(2) This Division does not apply to an infringement notice to which any of the following provisions apply if the person was unaware of the notice having been served and that service of the infringement notice was not by personal service— (a) section 67 or 89B of the Road Safety Act 1986; (b) section 87A of the Melbourne City Link Act 1995; (c) section 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014; -- 66 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 63 Authorised by the Chief Parliamentary Counsel (d) section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988; (e) section 219A of the EastLink Project Act 2004.". 64 Application for internal review (1) In section 22(1) of the Infringements Act 2006— (a) in paragraph (c), for "offence." substitute "offence; or"; (b) after paragraph (c) insert— "(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.". (2) In section 22(2) of the Infringements Act 2006, for "subsection (1)" substitute "subsection (1)(a), (b) or (c)". (3) After section 22(2) of the Infringements Act 2006 insert— "(3) An application under subsection (1)(d)— (a) must be made within 14 days of the applicant becoming aware of the infringement notice; and (b) must be in writing; and (c) must state the grounds on which the decision should be reviewed; and (d) must provide the applicant's current address for service of the notice of the outcome of the decision under section 24(3); and (e) may only be made once in relation to any one infringement offence in respect of the applicant. -- 67 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 64 Authorised by the Chief Parliamentary Counsel (4) An enforcement agency must not consider an application under subsection (1)(d) if the applicant has not updated the person's authorised address (within the meaning of section 163A(3)) within 14 days of changing address.". 65 Review by enforcement agency (1) In section 24(1) of the Infringements Act 2006, for "under section 22" substitute "on a ground specified in section 22(1)(a), (b) or (c)". (2) After section 24(1) of the Infringements Act 2006 insert— "(1A) If an enforcement agency receives an application for review on the ground specified in section 22(1)(d), the enforcement agency must— (a) review whether it is likely that, more than 14 days before applying under section 22(1)(d), the person was not in fact aware that the infringement notice had been served; and (b) suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until— (i) the review is complete; and (ii) the applicant is sent advice of the outcome of the review under subsection (3)(b).". 66 What can an enforcement agency decide on review? (1) In section 25(1) of the Infringements Act 2006, for "Subject to subsection (2)" substitute "Subject to subsections (2) and (2A)". -- 68 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 65 Authorised by the Chief Parliamentary Counsel (2) For section 25(3) of the Infringements Act 2006 substitute— "(2A) In the case of an application made under section 22(1)(d) on the grounds that the person was unaware of the infringement notice having been served, after reviewing a decision under section 24, an enforcement agency may— (a) grant the application if satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served; or (b) refuse the application if not satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served. (3) If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must— (a) pay the infringement penalty in accordance with section 26; or (b) apply to the enforcement agency for a payment plan; or (c) elect to have the matter of the infringement offence heard and determined in the Court; or (d) apply to the Secretary for a work and development permit. -- 69 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 66 Authorised by the Chief Parliamentary Counsel (4) If an enforcement agency makes a decision under subsection (2A)(a) granting the application, the enforcement agency must serve the applicant with written notice of that decision. (5) A person served with a notice under subsection (4) must, within 21 days of receiving the notice— (a) pay the infringement penalty; or (b) apply to the enforcement agency for a payment plan; or (c) nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or (d) apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or (e) elect to have the matter of the infringement offence heard and determined in the Court or the Children's Court (as the case requires); or (f) apply to the Secretary for a work and development permit. (6) If an enforcement agency makes a decision under subsection (2A)(b) refusing the application, the enforcement agency must— (a) serve the applicant with written notice of the outcome of the review; and (b) advise the applicant that the infringement penalty must be paid within 14 days of that written notice.". -- 70 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 67 Authorised by the Chief Parliamentary Counsel 67 New Division 3A inserted into Part 2 After Division 3 of Part 2 of the Infringements Act 2006 insert— "Division 3A—Work and development permits 27A Work and development permits A work and development permit is a permit issued by the Secretary to an eligible person that enables the eligible person to expiate any infringement offence without payment of any outstanding infringement penalty together with any prescribed costs or prescribed warrant fee by— (a) participating in unpaid work under the supervision of an accredited agency; or (b) completing a suitable course including educational, vocational or life skills courses; or (c) undergoing treatment given by an accredited health practitioner; or (d) receiving financial or other types of counselling; or (e) in the case of an eligible person under the age of 25 years, participating in a mentoring program. 27B Application for work and development permit (1) Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Secretary for a work and development permit on behalf of that eligible person. -- 71 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 68 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) must not be made if— (a) the infringement penalty and any prescribed costs or prescribed warrant fee have been paid; or (b) property has been seized under an infringement warrant other than a seizure of a kind referred to in section 89; or (c) a notice under section 101(2) has been served on a person; or (d) an attachment of earnings order or an attachment of debts order has been made; or (e) an order under section 136 that land is subject to a charge has been made; or (f) a person is arrested in accordance with Part 12; or (g) the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005. (3) An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 27E. (4) An application under subsection (1) must specify— (a) the name and address of the eligible person; and -- 72 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 69 Authorised by the Chief Parliamentary Counsel (b) as appropriate— (i) the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or (ii) the accredited health practitioner making the application; and (c) the grounds for requesting the work and development permit including each infringement offence to which the work and development permit will relate; and (d) the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and (e) a proposed time for the completion of those activities. (5) If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement penalties under the work and development permit until the Secretary makes a decision under section 27C. 27C Approval of work and development permit The Secretary may approve an application for a work and development permit made under section 27B if the Secretary is satisfied that the application is in respect of an eligible person. -- 73 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 70 Authorised by the Chief Parliamentary Counsel 27D Effect of work and development permit (1) If a work and development permit is approved under section 27C, further action under this Act against the eligible person in respect of the infringement penalty is suspended until— (a) the eligible person completes the work and development permit; or (b) the work and development permit is cancelled. (2) If a person who is subject to a work and development permit completes the work and development permit, any infringement penalty and any prescribed costs or prescribed warrant fee to which the work and development permit relates are satisfied to the extent set out in the permit. (3) If a work and development permit is cancelled or partially completed, the enforcement agency may— (a) take action to recover the outstanding amount of the infringement penalty and any prescribed costs or prescribed warrant fee; or (b) if appropriate— (i) take enforcement action by lodging the outstanding infringement penalty and any prescribed costs or prescribed warrant fee; or (ii) continue any enforcement action that was suspended when the application for the work and development permit was made under section 27B. -- 74 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 71 Authorised by the Chief Parliamentary Counsel (4) If a work and development permit is partially completed, the Secretary must ensure that the amount of the outstanding infringement penalty and any prescribed costs or prescribed warrant fee owed by the eligible person are reduced to reflect the extent of the partial completion of the permit. (5) Despite subsections (3) and (4), if a work and development permit is varied by suspension for a period under section 27E, for the period of that suspension, action under this Act must not be taken. 27E Variation or cancellation of work and development permit (1) The Secretary may vary (including by suspension) or cancel a work and development permit— (a) on the request of a person specified in subsection (2); or (b) on the Secretary's own motion. (2) A request under subsection (1)(a) may be made by— (a) the person who is subject to the work and development permit or another person on that person's behalf; or (b) the accredited agency or accredited health practitioner supervising the activity, course or treatment. (3) The Secretary may vary a work and development permit under subsection (1) by suspending it for a specified period if— (a) the person who is subject to the work and development permit is ill; or (b) other exceptional circumstances exist. -- 75 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 72 Authorised by the Chief Parliamentary Counsel 27F Infringement penalty may be waived in limited circumstances (1) The Secretary may waive the payment of any outstanding amount of the infringement penalty and waive or reduce any prescribed costs or prescribed warrant fee owed by an eligible person who is subject to, or has been subject to, a work and development permit if— (a) collection of the outstanding amount of the infringement penalty and any prescribed costs or prescribed warrant fee is no longer feasible; and (b) the eligible person has complied with, or has attempted to comply with, a work and development permit. (2) On the Secretary waiving payment under subsection (1), the eligible person is taken to have completed the work and development permit for the purposes of section 32(1A)(b). (3) If the Secretary waives the outstanding amount of an infringement penalty and waives or reduces any prescribed costs or prescribed warrant fee under subsection (1), the Secretary must notify in writing— (a) the eligible person; and (b) the accredited agency or accredited health practitioner (as appropriate) that is responsible for the work and development permit; and (c) the enforcement agency that issued the infringement notice. -- 76 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 73 Authorised by the Chief Parliamentary Counsel (4) A notice under subsection (3) must specify— (a) that the Secretary waived the outstanding amount of an infringement penalty and waived or reduced any prescribed costs or prescribed warrant fee; and (b) that the eligible person has expiated the offence. 27G Accredited agencies (1) An organisation that meets the criteria specified in the work and development permit guidelines as an appropriate organisation for accreditation may apply to the Secretary to become an accredited agency. (2) An application under subsection (1) must— (a) be made in accordance with the work and development permit guidelines; and (b) include the prescribed particulars (if any). (3) The Secretary, in the Secretary's discretion, may accredit as an accredited agency an organisation to supervise an eligible person under a work and development permit. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions. 27H Accredited health practitioners (1) A qualified health practitioner may apply to the Secretary to become an accredited health practitioner. -- 77 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 74 Authorised by the Chief Parliamentary Counsel (2) An application under subsection (1) must— (a) be made in accordance with the work and development permit guidelines; and (b) include the prescribed particulars (if any). (3) The Secretary, in the Secretary's discretion, may accredit a health practitioner to provide treatment to, and to supervise the treatment of, an eligible person under a work and development permit if the Secretary is satisfied that the health practitioner is registered and qualified to provide the kind of treatment likely to be given to an eligible person under any work and development permit being supervised by the health practitioner. (4) An accreditation issued under this section is subject to— (a) any conditions specified in the accreditation; and (b) any prescribed conditions. 27I Monitoring of accredited agencies and accredited health practitioners The Secretary may monitor an accredited agency or accredited health practitioner to ensure the accredited agency or accredited health practitioner is— (a) keeping all relevant records in accordance with section 27J; and (b) complying with any conditions of accreditation to which the accredited agency or accredited health practitioner is subject; and -- 78 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 75 Authorised by the Chief Parliamentary Counsel (c) complying with any requirements under this Act, the regulations or the work and development permit guidelines. 27J Record-keeping by accredited agencies and accredited health practitioners (1) An accredited agency or accredited health practitioner must— (a) keep a record of all relevant information relating to— (i) any work and development permit for which the accredited agency or accredited health practitioner is responsible; and (ii) the accreditation of the accredited agency or accredited health practitioner, including all evidence demonstrating that the accredited agency or accredited health practitioner meets all necessary requirements for accreditation; and (b) keep any prescribed information. (2) The Secretary may request an accredited agency or accredited health practitioner to give the Secretary any information required to be kept under subsection (1). (3) An accredited agency or accredited health practitioner must comply with a request made under subsection (2). 27K Accreditation may be cancelled or surrendered (1) The Secretary may cancel the accreditation of an accredited agency or accredited health practitioner if— -- 79 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 76 Authorised by the Chief Parliamentary Counsel (a) the accredited agency or accredited health practitioner fails to comply with section 27J(2); or (b) the Secretary otherwise considers it necessary to do so. (2) An accredited agency may surrender its accreditation at any time by written notification to the Secretary. (3) An accredited health practitioner may surrender the practitioner's accreditation at any time by written notification to the Secretary. (4) If an accreditation is cancelled or surrendered in accordance with this section, the Secretary must advise any person who is subject to a work and development permit that was being supervised— (a) by an organisation, that the organisation has had its accreditation cancelled or has surrendered its accreditation to the Secretary; or (b) by a health practitioner, that the health practitioner has had the practitioner's accreditation cancelled or has surrendered the practitioner's accreditation to the Secretary. 27L Work and development permit guidelines (1) For the purposes of this Division, the Attorney-General must make guidelines specifying— (a) the circumstances of a person who has been served with an infringement notice that must be established to satisfy the Secretary that the person is an eligible person; and -- 80 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 77 Authorised by the Chief Parliamentary Counsel (b) the work-off rates for satisfaction or part satisfaction of an infringement penalty and any prescribed costs or prescribed warrant fee; and (c) the criteria that makes an organisation an appropriate organisation for accreditation for the purposes of supervising and supporting eligible persons under a work and development permit; and (d) the information and any documents required to be included in any application to become an accredited agency or accredited health practitioner; and (e) the details to be included in any proposed work and development permit to be approved by the Secretary; and (f) any other matter the Attorney-General considers appropriate for the inclusion in the guidelines. (2) The Attorney-General— (a) must cause the work and development permit guidelines to be published in the Government Gazette; and (b) may publish the work and development permit guidelines on the Internet. (3) The work and development permit guidelines take effect— (a) on the date of publication in the Government Gazette; or (b) on a later date specified in the guidelines.". -- 81 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 78 Authorised by the Chief Parliamentary Counsel 68 Expiating the offence (1) For section 32(1) of the Infringements Act 2006 substitute— "(1) This section applies if an infringement notice is not withdrawn and the infringement penalty and any prescribed costs are— (a) paid within the period specified in the notice or late payment is accepted in accordance with section 15; or (b) satisfied by the completion of a work and development permit. (1A) Subject to subsection (2) and any other Act, the person on whom the notice was served has (as appropriate)— (a) expiated the offence by payment of the infringement penalty and any prescribed costs; or (b) expiated the offence by completion of the work and development permit.". (2) For section 32(2)(a) of the Infringements Act 2006 substitute— "(a) the infringement penalty and any prescribed costs are— (i) paid within the period specified in the notice or late payment is accepted in accordance with section 15; or (ii) satisfied by completion of a work and development permit; and". 69 Effect of expiation (1) In section 33(2) of the Infringements Act 2006— (a) after "by a person" insert ", or the completion of a work and development permit by a person where the infringement -- 82 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 79 Authorised by the Chief Parliamentary Counsel penalty and any prescribed costs or a prescribed warrant fee are satisfied by that completion,"; (b) in paragraph (b), after "payment" insert "of the infringement penalty or completion of the work and development permit". (2) In section 33(3) of the Infringements Act 2006, after "infringement penalty" insert "or completion of the work and development permit". 70 Agreeing to pay by instalments has same effect as a full payment (1) For the heading to section 35 of the Infringements Act 2006 substitute— "Effect of paying by instalments or agreeing to be subject to work and development permit for demerit point purposes". (2) In section 35(2) of the Infringements Act 2006— (a) after "as paying" insert "or satisfying"; (b) in paragraph (a), for "and" substitute "or"; (c) in paragraph (b), for "penalty." substitute "penalty; or"; (d) after paragraph (b) insert— "(c) on the approval of a work and development permit by the Secretary.". 71 Cancellation of certain infringement notices Division 6 of Part 2 of the Infringements Act 2006 is repealed. -- 83 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 80 Authorised by the Chief Parliamentary Counsel 72 New section 41A inserted After section 41 of the Infringements Act 2006 insert— "41A Extension of time for commencement of proceedings if work and development permit cancelled (1) This section applies to the following— (a) a lodgeable infringement offence in respect of which details of the infringement penalty and prescribed costs have not been lodged under section 54; (b) a non-lodgeable infringement offence; (c) an infringement offence for which an infringement notice was served on a child in respect of which the infringement penalty and any prescribed costs have not been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005. (2) If a work and development permit has been cancelled under section 27E in respect of an offence to which this section applies, the period during which a proceeding for the alleged offence may be commenced by an enforcement agency is extended by 6 months after the date of cancellation of the work and development permit. -- 84 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 81 Authorised by the Chief Parliamentary Counsel (3) Subsection (2) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.". 73 New Part 3A inserted After Part 3 of the Infringements Act 2006 insert— "Part 3A—Internal review oversight 53A Guidelines (1) The Secretary may make guidelines for enforcement agencies setting out— (a) the purposes of internal review; and (b) the obligations of enforcement agencies in performing the internal review function; and (c) any other matter the Secretary considers appropriate for the purposes of internal review conducted by enforcement agencies. (2) The Secretary may consult enforcement agencies for the purposes of making guidelines under this section. (3) Guidelines made under this section— (a) must be published in the Government Gazette; and (b) may be published on the Internet.". -- 85 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 82 Authorised by the Chief Parliamentary Counsel 74 New sections 53B to 53D inserted After section 53A of the Infringements Act 2006 insert— "53B Oversight and monitoring by Secretary (1) The Secretary may request an enforcement agency to give the Secretary any of the following— (a) information relating to any internal review applications made to the enforcement agency including— (i) the number of internal review applications received; and (ii) the grounds on which applications for internal review were made; and (iii) the outcomes of internal review; (b) the policies, processes and guidelines used by the enforcement agency to determine internal review applications; (c) any complaints received by the enforcement agency relating to internal review; (d) any other prescribed internal review matter. (2) An enforcement agency must comply with a request for information made by the Secretary under subsection (1). 53C Recommendations to enforcement agencies (1) The Secretary may make recommendations to an enforcement agency at any time in relation to its internal review processes and compliance with this Act generally. -- 86 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 83 Authorised by the Chief Parliamentary Counsel (2) After receiving any recommendations under subsection (1), an enforcement agency must within a reasonable time give a report to the Secretary specifying— (a) any action taken by, or planned to be taken by, the enforcement agency to implement the recommendations; and (b) if no action will be taken by the enforcement agency to implement the recommendations, the reasons for that decision. 53D Reports and recommendations to Attorney-General (1) The Secretary must submit to the Attorney-General an annual report of the outcomes in respect of the functions carried out by the Secretary under this Part. (2) The Attorney-General may publish the report received from the Secretary under subsection (1). (3) The Secretary may submit a report to the Attorney-General at any time in relation to any of the following— (a) compliance with this Act by an enforcement agency; (b) failure by an enforcement agency to comply with a request made by the Secretary under section 53B; (c) an enforcement agency's response to any recommendations made to it by the Secretary; (d) any issues identified by the Secretary as part of the Secretary's functions under this Part. -- 87 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 84 Authorised by the Chief Parliamentary Counsel (4) The Secretary may make recommendations to the Attorney-General at any time for any of the following purposes— (a) improving the operation of internal review; (b) addressing problems or issues encountered by enforcement agencies; (c) dealing with non-compliance with this Act, proper processes and the guidelines by enforcement agencies.". 75 Lodgement of infringement penalty with infringements registrar After section 54(2)(d) of the Infringements Act 2006 insert— "(da) a person is not subject to a work and development permit; and". 76 Extended period for lodgement In section 55 of the Infringements Act 2006— (a) in paragraph (j), for "Act." substitute "Act; or"; (b) after paragraph (j) insert— "(k) if a work and development permit has been cancelled under section 27E and the details of an infringement penalty and prescribed costs in respect of a lodgeable infringement offence have not already been lodged, no more than 6 months after the date on which the work and development permit is cancelled under that section.". -- 88 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 85 Authorised by the Chief Parliamentary Counsel 77 Powers to revoke enforcement orders For section 66(3) of the Infringements Act 2006 substitute— "(3) On an application referred to in subsection (2), if an infringements registrar is not satisfied that there are sufficient grounds for revocation of an enforcement order, the infringements registrar must notify the applicant that— (a) the enforcement order has not been revoked because of insufficient grounds to justify its revocation; and (b) unless the applicant applies to have the application for revocation of an enforcement order referred to the Court under section 68, the applicant may apply to the Secretary for a work and development permit.". 78 Powers to vary costs or fees For section 67(2) of the Infringements Act 2006 substitute— "(2) If an infringements registrar varies costs or fees under subsection (1), the infringements registrar must notify the applicant that, within 28 days after the date of the notice— (a) the amount of the infringement penalty together with costs or fees (as the case requires) as varied must be paid; or (b) unless the applicant applies to have the application for revocation of an enforcement order referred to the Court under section 68, the applicant may apply to the Secretary for a work and development permit.". -- 89 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 86 Authorised by the Chief Parliamentary Counsel 79 Warning of execution of infringement warrant— seven-day notice In section 88(3) of the Infringements Act 2006— (a) in paragraph (b)(ii), for "order." substitute "order; or"; (b) after paragraph (b)(ii) insert— "(iii) apply to the Secretary for a work and development permit.". 80 Executing infringement warrant after 7 day period (1) In section 90(1) of the Infringements Act 2006— (a) in paragraph (b)(ii), for "relates." substitute "relates; or"; (b) after paragraph (b)(ii) insert— "(iii) become subject to a work and development permit in respect of the infringement offence to which the infringement warrant relates.". (2) In section 90(2) of the Infringements Act 2006, for "or an application under section 65 for the revocation of an enforcement order" substitute ", an application under section 65 for the revocation of an enforcement order or an application for a work and development permit under section 27B". 81 Infringements registrar may stay infringement warrant In section 94A(1) of the Infringements Act 2006— (a) in paragraph (c), for "made." substitute "made;"; -- 90 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 87 Authorised by the Chief Parliamentary Counsel (b) after paragraph (c) insert— "(d) if a work and development permit has been approved.". 82 Regulations After section 168(1)(e) of the Infringements Act 2006 insert— "(ea) the reporting obligations of accredited agencies and accredited health practitioners supervising work and development permits; and (eb) the issuing of agency accreditation and health practitioner accreditation for the purposes of work and development permits; and (ec) requirements for record-keeping in relation to work and development permits; and". 83 New Part 16 inserted After Part 15 of the Infringements Act 2006 insert— "Part 16—Further savings and transitional provisions Division 1—General 211B General transitional provision (1) This Part does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) Except as specifically provided, this Part does not affect or take away from any other transitional provision. -- 91 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 88 Authorised by the Chief Parliamentary Counsel Division 2—Fines Reform and Infringements Acts Amendment Act 2016 211C Definitions In this Division— commencement day means the day on which section 83 of the Fines Reform and Infringements Acts Amendment Act 2016 comes into operation. 211D Internal review applications (1) This section applies to an application— (a) made before the commencement day, by a person served with an infringement notice or a person acting on that person's behalf, to an enforcement agency for review of the decision to serve an infringement notice under section 22; and (b) that immediately before the commencement day, has not been reviewed or has not been completely reviewed and a decision made. (2) On and from the commencement day— (a) Division 3 of Part 2 as in force on and after the commencement day applies to the application; and (b) the enforcement agency must review and decide the application as if the application had been made on or after the commencement day. -- 92 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 89 Authorised by the Chief Parliamentary Counsel 211E Person unaware Despite the repeal of Division 6 of Part 2, if a person unaware that an infringement notice has been issued applies to an infringements registrar and the matter is referred to court but not heard and determined before the commencement day, on and from the commencement day, the matter must be determined under that Division as if it had not been repealed. 211F Imprisonment Part 12, as amended by Division 3 of Part 3 of the Fines Reform and Infringements Acts Amendment Act 2016, applies to an infringement offender arrested under an infringement warrant before the amendment of Part 12 if the person failed to appear in the Court before that amendment. 211G Applications made under section 161A (1) Section 161A as in force on and after the commencement of Division 3 of Part 3 of the Fines Reform and Infringements Acts Amendment Act 2016 applies to an application that has been made under section 161A before that commencement but in respect of which the hearing of that application has not commenced before that commencement. (2) Section 161A as in force immediately before the commencement of Division 3 of Part 3 of the Fines Reform and Infringements Acts Amendment Act 2016 continues to apply to an application made under section 161A in -- 93 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 90 Authorised by the Chief Parliamentary Counsel respect of which the hearing of the application is part heard but not completed before that commencement as if section 161A had not been substituted.". Division 3—Interim arrangements for imprisonment and outstanding fines 84 Definitions (1) In section 3(1) of the Infringements Act 2006 insert the following definitions— "instalment order means— (a) an instalment order within the meaning of the Sentencing Act 1991; or (b) an instalment order made under section 160(3)(c), 160AA(1)(b), 160AA(2)(b), 161C(4)(c), 161D(1)(b) or 161D(2)(b); time to pay order means— (a) a time to pay order within the meaning of the Sentencing Act 1991; or (b) a time to pay order made under section 160(3)(b), 160AA(1)(a), 161C(4)(b) or 161D(1)(a);". (2) In section 3(1) of the Infringements Act 2006 insert the following definitions— "fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person because of— (a) an order under section 160; or (b) being in default of— (i) an instalment order; or (ii) the payment of a fine; -- 94 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 91 Authorised by the Chief Parliamentary Counsel non-fine related sentence means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence; time served order means an order made by the Court under section 161B(1);". 85 Division heading in Part 12 substituted For the heading to Division 2 of Part 12 of the Infringements Act 2006 substitute— "Division 2—Infringement offender and imprisonment". 86 Section 160 substituted and new sections 160AA and 160AB inserted For section 160 of the Infringements Act 2006 substitute— "160 Powers of the Court (1) If the Court is satisfied of a matter specified in subsection (2) on an infringement offender being brought before the Court in respect of an outstanding fine under an infringement warrant, the Court may make an order— (a) discharging in full any outstanding fine; or (b) discharging in part any outstanding fine; or (c) discharging in part any outstanding fine and order that the infringement offender be imprisoned for a term fixed in accordance with section 160AB; or (d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or -- 95 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 92 Authorised by the Chief Parliamentary Counsel (e) adjourning the further hearing of the matter for a period of up to 6 months. (2) For the purposes of subsection (1), the specified matters are— (a) that an infringement offender has a mental or intellectual impairment, disorder, disease or illness; or (b) without limiting paragraph (a), that special circumstances apply to an infringement offender; or (c) that having regard to an infringement offender's situation, imprisonment would be excessive, disproportionate or unduly harsh. (3) If the Court is not satisfied of a matter specified in subsection (2), the Court may make one or more of the following— (a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; (b) a time to pay order; (c) an instalment order; (d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit; (e) an order that the infringement offender be imprisoned for a term fixed in accordance with section 160AB. -- 96 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 93 Authorised by the Chief Parliamentary Counsel (4) The Court must not make an order under subsection (1)(c) or (3)(e) if the infringement offender satisfies the Court that the infringement offender— (a) did not have the capacity to pay the outstanding fine; or (b) had another reasonable excuse for non-payment. (5) The Court must not make an order under subsection (1)(c) or (3)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. 160AA Additional powers of the Court (1) If the Court makes an order under section 160(1)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any undischarged fine, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Court makes an order under section 160(1)(c) or (3)(e) for imprisonment in default of payment of any outstanding fine— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and -- 97 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 94 Authorised by the Chief Parliamentary Counsel (b) the Court may make an instalment order in respect of the payment of any outstanding fine. Note A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). (3) If the Court makes an order under section 160(1)(b) or subsection (1) and the infringement offender contravenes the order by failing to pay the undischarged amount of the fine in accordance with the order, the Court may issue a warrant to arrest the infringement offender under section 61 of the Magistrates' Court Act 1989. (4) If an infringement offender is brought before the Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may— (a) confirm any order originally made under section 160(1)(b) or subsection (1); or (b) cancel any order originally made under section 160(1)(b) or subsection (1) and deal with the infringement offender as if the infringement offender had just been brought before the Court under section 160. (5) The Court, in determining how to deal with an infringement offender under subsection (4), must take into account the extent to which the infringement offender has complied with an order made under section 160(1)(b) or subsection (1). -- 98 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 95 Authorised by the Chief Parliamentary Counsel 160AB Term of imprisonment The term for which a person in default of payment of an amount of the outstanding fine under the infringement warrant may be imprisoned under section 160 is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months.". 87 Amendments consequential on substitution of section 160 (1) In section 160A(1) of the Infringements Act 2006, for "section 160(4)(b)" substitute "section 160AA(2)(b)". (2) In section 160B of the Infringements Act 2006— (a) in subsection (1), for "section 160(1)" substitute "section 160(3)(e)"; (b) in subsection (5), for "section 160(4)(a)" substitute "section 160AA(2)(a)"; (c) in subsection (6)(a), for "section 160(4)(b)" substitute "section 160AA(2)(b)". (3) In section 160C of the Infringements Act 2006— (a) in subsections (1)(a) and (2)(a), for "section 160(1)" substitute "section 160(3)(e)"; (b) in subsection (2)(b)(i), for "section 160(4)(a)" substitute "section 160AA(2)(a)"; (c) in subsection (2)(b)(ii), for "section 160(4)(b)" substitute "section 160AA(2)(b)". (4) In sections 160D(1) and 160E of the Infringements Act 2006, for "section 160(1)" substitute "section 160(3)(e)". -- 99 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 96 Authorised by the Chief Parliamentary Counsel 88 New Division 3 heading inserted in Part 12 After section 161 of the Infringements Act 2006 insert— "Division 3—Time served orders in respect of outstanding fine under infringement warrant". 89 Section 161A substituted and new sections 161B to 161K inserted For section 161A of the Infringements Act 2006 substitute— "161A Application of the sheriff on behalf of person in custody (1) A person who is in custody and against whom any infringement warrant is issued may request in writing that the sheriff apply to the Court for an order for the person to serve a term of imprisonment in default of payment of the outstanding fine under the infringement warrant. (2) The sheriff may apply to the Court for— (a) a time served order in respect of the person if a non-fine related sentence has been imposed on the person and the person is serving that sentence at the time the sheriff applies to the Court under this subsection; or (b) an order under section 161C in respect of the person if the person is in custody because of a fine related sentence or a non-fine related sentence at the time the sheriff applies to the Court under this subsection; or (c) an order referred to in both paragraphs (a) and (b). -- 100 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 97 Authorised by the Chief Parliamentary Counsel (3) An application must not be made in respect of an outstanding fine under an infringement warrant if the time of the alleged commission of the infringement offence is on or after the date that the person to whom the fine relates was taken into custody. 161B Time served orders (1) The Court may order that the person who is the subject of an application under section 161A(2) serve a term of imprisonment for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units which is the equivalent amount of the outstanding fine under any infringement warrant in default of payment of the outstanding fine. (2) If the Court makes a time served order, the Court must take as time served the period before the sheriff applied under section 161A(2) during which the person was in custody. (3) The Court may make a time served order whether or not the person— (a) is brought before the Court; or (b) has been released from custody after the sheriff applied to the Court under section 161A(2). (4) If the Court makes a time served order for a part of the amount of the outstanding fine under any infringement warrant, it may make an order under section 161C in respect of any remaining amount. -- 101 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 98 Authorised by the Chief Parliamentary Counsel 161C Orders of Court for any outstanding fine or any remaining amount (1) This section applies— (a) in respect of a person who is the subject of an application by the sheriff under section 161A(2) and who— (i) is only in custody because of a fine related sentence; or (ii) has completed the fine related sentence that the person was serving, on the sheriff applying to the Court; or (b) if the Court has made a time served order in respect of a person— (i) who is in custody because of a non-fine related sentence and the term imposed under the time served order exceeds the term of the non-fine related sentence; or (ii) who has completed a non-fine related sentence and the term imposed under the time served order exceeds the term of that non-fine related sentence. (2) If the Court is satisfied of a matter specified in subsection (3) in respect of the person, the Court may make an order— (a) discharging in full any outstanding fine under any infringement warrant; or (b) discharging in part any outstanding fine under any infringement warrant; or -- 102 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 99 Authorised by the Chief Parliamentary Counsel (c) discharging in part any outstanding fine under an infringement warrant and order that the person be imprisoned for a term fixed in accordance with section 161E(1); or (d) that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; or (e) adjourning the further hearing of the matter for a period of up to 6 months. (3) For the purposes of subsection (2), the specified matters are— (a) that the person has a mental or intellectual impairment, disorder, disease or illness; or (b) without limiting paragraph (a), that special circumstances apply to the person; or (c) that having regard to the person's situation, imprisonment would be excessive, disproportionate or unduly harsh. (4) If the Court is not satisfied of a matter specified in subsection (3), the Court may make one or more of the following— (a) an order that is a fine default unpaid community work order under Division 5 of Part 3B of the Sentencing Act 1991; (b) a time to pay order; (c) an instalment order; (d) an order adjourning the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit; -- 103 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 100 Authorised by the Chief Parliamentary Counsel (e) an order that the person be imprisoned for a term fixed in accordance with section 161E(1). (5) The Court must not make an order under subsection (2)(c) or (4)(e) if the person satisfies the Court that the person— (a) did not have the capacity to pay the outstanding fine under any infringement warrant; or (b) had another reasonable excuse for the non-payment. (6) The Court must not make an order under subsection (2)(c) or (4)(e) unless it is satisfied that no other order under the relevant subsection is appropriate in all the circumstances of the case. 161D Additional powers of the Court (1) If the Court makes an order under section 161C(2)(b) discharging in part any outstanding fine under an infringement warrant, the Court, in respect of any outstanding fine under an infringement warrant, may make— (a) a time to pay order; or (b) an instalment order. (2) If the Court makes an order under section 161C(2)(c) or (4)(e) for imprisonment in default of payment of any outstanding fine under any infringement warrant— (a) a warrant to imprison may be issued under section 68 of the Magistrates' Court Act 1989; and -- 104 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 101 Authorised by the Chief Parliamentary Counsel (b) the Court may make an instalment order in respect of the payment of any outstanding fine under any infringement warrant. Note A warrant to imprison issued in accordance with subsection (2)(a) may be executed on the contravention of an instalment order made under subsection (2)(b). (3) If the Court makes an order under section 161C(2)(b) or subsection (1) and the person contravenes the order by failing to pay the undischarged amount of the outstanding fine under any infringement warrant in accordance with the order, the Court may issue a warrant to arrest the person under section 61 of the Magistrates' Court Act 1989. (4) If a person is brought before the Court on the execution of a warrant to arrest issued in accordance with subsection (3), the Court may— (a) confirm any order originally made under section 161C(2)(b) or subsection (1); or (b) cancel any order originally made under section 161C(2)(b) or subsection (1) and deal with the person as if the person had just been brought before the Court under section 161C(2). (5) The Court, in determining how to deal with a person under subsection (4), must take into account the extent to which the person has complied with an order made under section 161C(2)(b) or subsection (1). -- 105 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 102 Authorised by the Chief Parliamentary Counsel 161E Term of imprisonment including whether cumulative or concurrent (1) The term for which a person in default of payment of an amount of the outstanding fine under the infringement warrant may be imprisoned under this Division is one day for each penalty unit or part of a penalty unit then remaining unpaid, with a maximum of 24 months. (2) A term of imprisonment imposed under a time served order must be served concurrently with the non-fine related sentence imposed on the person before that order is made. (3) A term of imprisonment imposed under section 161C(2)(c) or (4)(e) on a person must be served cumulatively on a fine related sentence or a non-fine related sentence that the person is serving. 161F Contact details of person (1) If a person is the subject of an application of the sheriff under section 161A(2) and is released from custody before the application is heard, the person must give the sheriff contact details for the person following release to enable the sheriff to notify the person of— (a) the relevant details of the application, including when and where it will be heard by the Court; and (b) if the person fails to appear before the Court, the outcome of the application. -- 106 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 103 Authorised by the Chief Parliamentary Counsel (2) For the purposes of subsection (1), any of the following may be given to the sheriff as contact details— (a) an email address; (b) a postal address; (c) a telephone number. 161G Variation of instalment order (1) A person may apply to the Court to vary an instalment order made under section 161D(2)(b). (2) On an application under subsection (1), the Court may vary the instalment order if satisfied— (a) that the circumstances of the person have materially altered since the order was made and as a result the person is unable to comply with the order; or (b) that the circumstances of the person were wrongly stated or were not accurately presented to the Court. 161H Application for rehearing in certain circumstances (1) If the Court makes an order under section 161C(4)(e), the person may apply for a rehearing of the matter. (2) An application under subsection (1) is to be in accordance with the rules of court (if any). (3) A rehearing may only be sought on the basis that— (a) at the time of the hearing— (i) the person had a mental or intellectual impairment, disorder, disease or illness; or -- 107 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 104 Authorised by the Chief Parliamentary Counsel (ii) without limiting subparagraph (i), that special circumstances applied to the person— and this was not taken into account or was not before the Court at the time of the hearing under section 161C; or (b) at the time of the hearing under section 161C evidence was not taken into account or before the Court so as to make the decision to imprison the person excessive, disproportionate and unduly harsh. (4) If a person fails to appear at the time fixed for the rehearing of the matter and the rehearing is struck out, the person may reapply under subsection (1) if the person obtains leave of the Court to reapply. (5) A warrant to imprison issued in accordance with section 161D(2)(a) that has not been executed in relation to a matter must be— (a) recalled and cancelled by a registrar of the Court— (i) on the filing of an application under this section for a rehearing of a matter; or (ii) on the filing of an application under this section to obtain the leave of the Court; and (b) reissued on the striking out or refusal of a rehearing or leave by the Court. -- 108 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 105 Authorised by the Chief Parliamentary Counsel (6) The Court must— (a) stay an instalment order made under section 161D(2)(b)— (i) on the filing of an application under this section for a rehearing of a matter; or (ii) on the filing of an application under this section to obtain the leave of the Court; and (b) lift the stay on the striking out or refusal of a rehearing by the Court. 161I Determination of rehearing (1) On rehearing a matter under section 161H, if the Court is satisfied, on the balance of probabilities, that a ground referred to in section 161H(3) has been established the Court may— (a) cancel the order made under section 161C(4)(e); and (b) exercise any power available to the Court under section 161C in respect of the person. (2) If the Court is not satisfied that a ground referred to in section 161H(3) has been established, the Court— (a) must confirm the order to imprison the person under section 161C(4)(e); and (b) may— (i) issue a warrant to imprison the person under section 161D(2)(a) if the person is not in custody; and -- 109 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 106 Authorised by the Chief Parliamentary Counsel (ii) lift a stay on an instalment order (if any) made in respect of the person under section 161D(2)(b). (3) Subject to section 161H(4), the Court may only rehear a matter once. 161J Application for bail pending rehearing (1) A person serving an order of imprisonment under section 161C(4)(e) who makes an application under section 161H may apply to the Court to be granted bail in accordance with the Bail Act 1977. (2) On an application for bail under subsection (1), the Court may grant the person bail pending rehearing of the matter. 161K Person in custody If a person who is in custody makes an application under section 161H and is granted bail, the order made under section 161C(4)(e) to imprison the person is stayed until the rehearing is determined.". Division 4—Amendments consequential on commencement of Fines Reform Act 2014 90 Definitions (1) In section 3(1) of the Infringements Act 2006 insert the following definitions— "court fine has the same meaning as it has in the Fines Reform Act 2014; Director has the same meaning as it has in the Fines Reform Act 2014; enforcement warrant has the same meaning as it has in the Fines Reform Act 2014; infringement fine has the same meaning as it has in the Fines Reform Act 2014; -- 110 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 107 Authorised by the Chief Parliamentary Counsel non-registrable infringement offence has the same meaning as it has in the Fines Reform Act 2014; notice of final demand has the same meaning as it has in the Fines Reform Act 2014; payment arrangement has the same meaning as it has in the Fines Reform Act 2014;". (2) In section 3(1) of the Infringements Act 2006, for the definition of work and development permit substitute— "work and development permit has the same meaning as it has in the Fines Reform Act 2014.". (3) In section 3(1) of the Infringements Act 2006, the definitions of accredited agency, accredited health practitioner, eligible person, fine related sentence, health practitioner, instalment order, non-fine related sentence, non-lodgeable infringement offence, nurse, prescribed warrant fee, registered psychologist, time served order, time to pay order and work and development permit guidelines are repealed. 91 Work and development permits Division 3A of Part 2 of the Infringements Act 2006 is repealed. 92 Effect of expiation In section 33(2) of the Infringements Act 2006, for "infringement penalty and any prescribed costs or a prescribed warrant fee are" substitute "infringement fine is". -- 111 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 108 Authorised by the Chief Parliamentary Counsel 93 Effect of paying by instalments or agreeing to be subject to a work and development permit for demerit point purposes In section 35(2)(c) of the Infringements Act 2006, for "Secretary" substitute "Director". 94 Extension of time for commencement of proceedings if work and development permit cancelled (1) For section 41A(1)(a) and (b) of the Infringements Act 2006 substitute— "(a) an infringement offence that has not been registered with the Director for enforcement under the Fines Reform Act 2014; (b) a non-registrable infringement offence;". (2) In section 41A(2) of the Infringements Act 2006, for "27E" substitute "10E of the Fines Reform Act 2014". 95 Regulations—repeal of work and development powers Section 168(1)(ea), (eb) and (ec) of the Infringements Act 2006 is repealed. Division 5—Other amendments 96 Person may elect to have matter heard in Court or Children's Court For section 16(2)(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". -- 112 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 109 Authorised by the Chief Parliamentary Counsel 97 Enforcement agency can refer matter to Court or Children's Court For section 17(2)(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 98 Withdrawal of infringement notice For section 18(6)(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 99 Application of Division 3 of Part 2 For section 21(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 100 Application of Division 4 of Part 2 For section 28(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 101 Exceptions to expiation For section 31(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". -- 113 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 110 Authorised by the Chief Parliamentary Counsel 102 Application of Division 6 of Part 2 For section 36(c) of the Infringements Act 2006 substitute— "(c) section 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 103 Effect of enforcement order In section 61(1) of the Infringements Act 2006— (a) in paragraph (a), for "section 215C of the Transport (Compliance and Miscellaneous) Act 1983 or sections 61A and 61BA of the Marine Act 1988" substitute "section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988"; (b) in paragraph (b), for "section 215C of the Transport (Compliance and Miscellaneous) Act 1983" substitute "section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014". 104 Application of Division 3 of Part 4 For section 63A(1)(b) of the Infringements Act 2006 substitute— "(b) section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014;". 105 Service deemed despite document being returned to sender In section 163A(3)(b) of the Infringements Act 2006, for "the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement -- 114 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 111 Authorised by the Chief Parliamentary Counsel within the meaning of that Act" substitute "Part VII of the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement within the meaning of that Part". 106 New section 211A inserted After section 211 of the Infringements Act 2006 insert— "211A Regulations dealing with transitional matters—Fines Reform and Infringements Acts Amendment Act 2016 (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Fines Reform and Infringements Acts Amendment Act 2016, including the repeals and amendments made by that Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from the date that the Fines Reform and Infringements Acts Amendment Act 2016 receives the Royal Assent; (b) be of limited or general application; (c) leave any matter or thing to be decided by a specified person or class of person; (d) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. (3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument. -- 115 of 121 -- Part 3—Amendment of Infringements Act 2006 Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 112 Authorised by the Chief Parliamentary Counsel (4) This section is repealed on the second anniversary of the day on which section 106 of the Fines Reform and Infringements Acts Amendment Act 2016 comes into operation.". -- 116 of 121 -- Part 4—Amendment of other Acts Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 113 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of other Acts Division 1—Children, Youth and Families Act 2005 107 Definitions in Schedule 3 (1) In clause 2 of Schedule 3 to the Children, Youth and Families Act 2005— (a) in the definition of registrar, for "registrar." substitute "registrar;"; (b) insert the following definition— "work and development permit has the same meaning as it has in the Infringements Act 2006.". (2) In the definition of work and development permit in clause 2 of Schedule 3 to the Children, Youth and Families Act 2005, for "Infringements Act 2006" substitute "Fines Reform Act 2014". 108 Application for registration of infringement penalty In clause 3(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005— (a) in subparagraph (iii), for "; and" substitute "; or"; (b) after subparagraph (iii) insert— "(iv) who is not subject to a work and development permit; or (v) who was subject to a work and development permit but is no longer and the work and development permit is only partially completed; and". -- 117 of 121 -- Part 4—Amendment of other Acts Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 114 Authorised by the Chief Parliamentary Counsel 109 New clause 4A inserted in Schedule 3 (1) After clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 insert— "4A Extended period for registration (1) If a work and development permit to which a child who was served with an infringement notice was subject has been cancelled under section 27E of the Infringements Act 2006, the time period within which the registrar may register the infringement penalty or part of the infringement penalty together with any prescribed costs is no more than 6 months after the date on which the work and development permit is cancelled under that section. (2) Subclause (1) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.". (2) In clause 4A(1) of Schedule 3 to the Children, Youth and Families Act 2005, for "section 27E of the Infringements Act 2006" substitute "section 10E of the Fines Reform Act 2014". 110 Decision to go to Court After clause 17(1)(a) of Schedule 3 to the Children, Youth and Families Act 2005 insert— "(ab) in accordance with section 41A of the Infringements Act 2006; or". -- 118 of 121 -- Part 4—Amendment of other Acts Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 115 Authorised by the Chief Parliamentary Counsel Division 2—Privacy and Data Protection Act 2014 111 Definitions In section 3 of the Privacy and Data Protection Act 2014, in the definition of law enforcement agency after paragraph (e) insert— "(ea) the Director, Fines Victoria employed under section 4 of the Fines Reform Act 2014;". -- 119 of 121 -- Part 5—Repeal of amending Act Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 116 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 112 Repeal of amending Act This Act is repealed on 31 December 2018. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 120 of 121 -- Endnotes Fines Reform and Infringements Acts Amendment Act 2016 No. 29 of 2016 117 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 24 February 2016 Legislative Council: 24 March 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Fines Reform Act 2014, the Infringements Act 2006 and other Acts in relation to work and development permits, to further provide for enforcement under those Acts and to bring forward the commencement of some of the measures in the Fines Reform Act 2014 by including them in the Infringements Act 2006 and for other purposes." -- 121 of 121 --