infringements (reporting and prescribed details …file/06-75sr004.docx · web viewocpc-vic, word...

Version No. 004

Infringements (Reporting and Prescribed Details and Forms) Regulations 2006

S.R. No. 75/2006

Version incorporating amendments as at27 March 2013

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Definitions 15 Reports to the Attorney-General 26 Official warning 47 Withdrawal of official warning 58 Infringement notice 69 Withdrawal notice 810 Time by which enforcement agency must review and advise

applicant 911 Penalty reminder notice 912 Infringement warrant—prescribed form 12

__________________

SCHEDULE—Forms 13

Form 1—Infringement Warrant (Against a Natural Person) 13

Form 2—Infringement Warrant (Against a Body Corporate) 16

═══════════════

ENDNOTES 18

1. General Information 18

2. Table of Amendments 19

3. Explanatory Details 20

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Version No. 004


S.R. No. 75/2006

Version incorporating amendments as at27 March 2013

1 Objective

The objective of these Regulations is to prescribe—

(a) the information that enforcement agencies need to provide to the Attorney-General under the Infringements Act 2006; and

(b) the details that need to be included in a range of documents relating to the pre-enforcement stage of the infringement system under that Act; and

(c) forms of infringement warrant under that Act; and

(d) other matters required to be prescribed by that Act.

2 Authorising provision

These Regulations are made under section 168 of the Infringements Act 2006.

3 Commencement

These Regulations come into operation on 1 July 2006.

4 Definitions

In these Regulations—

Infringements Court has the same meaning as it has in the Magistrates' Court Act 1989;

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parking infringement has the same meaning as it has in section 3 of the Road Safety Act 1986;

the Act means the Infringements Act 2006;

Toll Enforcement Office means the body specified in item 2(b) of Schedule 1 to the Infringements (General) Regulations 2006 as an enforcement agency;

Traffic Camera Office means the body specified in item 2(c) of Schedule 1 to the Infringements (General) Regulations 2006 as an enforcement agency.

5 Reports to the Attorney-General

(1) For the purposes of section 6 of the Act, an enforcement agency must provide to the Attorney-General the following prescribed information—

(a) the number of official warnings served by the enforcement agency in relation to each category of infringement offence;

(b) the number of official warnings withdrawn by the enforcement agency in relation to each category of infringement offence;

(c) the number of infringement notices served by the enforcement agency in relation to each category of infringement offence;

(d) the number of infringement notices withdrawn by the enforcement agency in relation to each category of infringement offence;

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Reg. 4 def. of the Act amended by S.R. No. 108/2008 reg. 3(a).

Reg. 4 def. of Toll Enforcement Office inserted by S.R. No. 108/2008 reg. 3(b).

Reg. 4 def. of Traffic Camera Office inserted by S.R. No. 108/2008 reg. 3(b).

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(e) in relation to each category of infringement offence, the number of persons served with an infringement notice who elect under section 16(1) of the Act to have the matter of the infringement offence heard and determined in the Court or, in the case of a child, in the Children's Court;

(f) in relation to each category of infringement offence—

(i) the number of applications for internal review received by the enforcement agency under each of the grounds in section 22(1) of the Act;

(ii) as far as practicable, in relation to the information provided under subparagraph (i), the number of applications for internal review decided in accordance with section 25(1)(a) to (h) or 25(2)(a) to (c) of the Act, as the case may be;

(iii) as far as practicable, in relation to decisions made under section 25(1)(h) of the Act, the relevant combination of actions taken;

(g) the number of applications for payment plans received by the enforcement agency under section 46(1) of the Act, and, as far as practicable—

(i) the total number of payment plans offered under sections 46(3) and (4) of the Act;

(ii) in relation to payment plans offered under section 46(3) or (4) of the Act, the total number of payment plans commenced in accordance with section 48 of the Act;

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(iii) in relation to commenced payment plans, the number of persons sent written notice advising them that they have defaulted under section 52 of the Act.

(2) For the purposes of section 6(a) of the Act the prescribed interval is 6 months.

6 Official warning

For the purposes of section 8(2) of the Act, the prescribed details which an official warning must contain are—

(a) that it is an official warning;

(b) the date of the official warning;

(c) the name and address (if known) of the person served with the official warning;

(d) the name of the enforcement agency;

(e) the enforcement agency identifying reference of the official warning;

(f) either the name of the issuing officer or the enforcement agency identifying reference of the issuing officer;

(g) the date and approximate time and place of the infringement offence alleged to have been committed;

(h) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(i) that further information may be obtained from—

(i) a nominated telephone number;

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(ii) a designated address;

(iii) if available, the enforcement agency's website.

7 Withdrawal of official warning

(1) For the purposes of section 11(2) of the Act the prescribed period is 6 months from the date of service of the official warning.

(2) For the purposes of section 11(4) of the Act, the prescribed details which a withdrawal of an official warning must contain are—

(a) that it is a withdrawal of an official warning;

(b) the date of the withdrawal of an official warning;

(c) the name and address (if known) of the person served with the withdrawal of an official warning;


(e) the enforcement agency identifying reference of the withdrawal of an official warning;

(f) the date and approximate time and place of the infringement offence alleged to have been committed;

(g) the Act or other instrument that creates the infringement offence and a brief description of the infringement offence alleged to have been committed;

(h) a statement of how the enforcement agency intends to proceed in respect of the infringement offence alleged to have been committed.

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8 Infringement notice

(1) For the purposes of section 13 of the Act, the prescribed details which an infringement notice must contain are—

(a) that it is an infringement notice;

(b) the date of the infringement notice;

(c) the name and address (if known) of the person served with the infringement notice or, if the infringement notice is in respect of an infringement offence that is a parking infringement, the words "the Owner";


(e) the enforcement agency identifying reference of the infringement notice;

(f) subject to paragraph (fa), either the name of the issuing officer or the enforcement agency identifying reference of the issuing officer;

(fa) in the case of an infringement notice issued or served on behalf of the Traffic Camera Office or the Toll Enforcement Office, the title or name of the issuing officer;



(i) the infringement penalty;

(j) the manner in which the infringement penalty may be paid;

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Reg. 8(1)(f) amended by S.R. No. 108/2008 reg. 4(a).

Reg. 8(1)(fa) inserted by S.R. No. 108/2008 reg. 4(b).

(k) that the infringement penalty must be paid by a specified due date, being not less than 28 days from the date of service of the infringement notice;

(l) that failure to pay the infringement penalty by the specified due date may result in further enforcement action being taken and the incurring of further costs;

(m) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—

(i) sections 89A to 89D of the Road Safety Act 1986;

(ii) section 215C of the Transport Act 1983;

(iii) sections 61A and 61BA of the Marine Act 1988;

(n) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act, unless that person is a body corporate;

(o) that further information and information relating to eligibility for payment plans and applying for internal review can be obtained from—



(iii) if available, the enforcement agency's website address;

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(p) any further details specifically required to be included in relation to an infringement offence under any Act or other instrument which creates the infringement offence.

Note

Section 13(b) of the Act requires that an infringement notice state that the person is entitled to elect to have the matter of the infringement offence heard and determined in the Court and if that person is a child, in the Children's Court.

(2) If an infringement notice is in respect of an infringement offence that is a parking infringement, in addition to the details required under subregulation (1), the infringement notice must contain the registered number or other identification of the vehicle involved in the parking infringement.

9 Withdrawal notice

For the purposes of section 19(a) of the Act, the prescribed details which a withdrawal notice must contain are—

(a) that it is a withdrawal notice;

(b) the date of the withdrawal notice;

(c) the name and address (if known) of the person served with the infringement notice;


(e) the enforcement agency identifying reference of the infringement notice;

(f) the date of the infringement notice;


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(i) that further information may be obtained from—




(j) that if the infringement penalty and any prescribed costs have been paid, the infringement penalty and prescribed costs will be refunded, unless the person has an ongoing payment plan in which case Part 3 of the Infringements Act 2006 applies.

Note

Section 19(b) of the Act requires that a withdrawal notice must state how an enforcement agency intends to proceed in respect of the infringement offence alleged to have been committed.

10 Time by which enforcement agency must review and advise applicant

For the purposes of section 24(3)(a)(i) of the Act, the prescribed time for review by an enforcement agency is 90 days.

11 Penalty reminder notice

For the purposes of section 29(5) of the Act, the prescribed details which a penalty reminder notice must contain are—

(a) that it is a penalty reminder notice;

(b) the date of the penalty reminder notice;

(c) the name and address (if known) of the person served with the infringement notice;

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(e) the enforcement agency identifying reference of the penalty reminder notice;

(f) subject to paragraph (fa), either the name of the issuing officer or the enforcement agency identifying reference of the issuing officer;

(fa) in the case of a penalty reminder notice issued or served on behalf of the Traffic Camera Office or the Toll Enforcement Office, the title or name of the issuing officer;


(h) the infringement penalty and any prescribed costs owing;

(i) the manner in which the infringement penalty and any prescribed costs may be paid;

(j) that the infringement penalty and any prescribed costs must be paid by a specified due date, being not less than 28 days after the penalty reminder notice has been served;

(k) that the person may elect to have the matter heard and determined in Court, or, in the case of a child, in the Children's Court, unless the penalty reminder notice is in respect of an infringement offence to which any of the following provisions apply—



10

Reg. 11(f) amended by S.R. No. 108/2008 reg. 5(a).

Reg. 11(fa) inserted by S.R. No. 108/2008 reg. 5(b).

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(l) that failure to pay the infringement penalty and prescribed costs by the specified due date may result in further enforcement action being taken and further costs being incurred under—

(i) the Act; or

(ii) in the case of a child, Schedule 2A to the Children and Young Persons Act 1989;

(m) that the person served with the infringement notice, or a person acting on that person's behalf, may apply to have the decision to serve the infringement notice internally reviewed by the enforcement agency under the Act unless the infringement notice is in respect of an infringement offence to which any of the following provisions apply—




(n) that the person served with the infringement notice may be eligible for a payment plan under section 46 of the Act unless that person is a body corporate;

(o) that further information including information relating to eligibility for payment plans and applying for internal review can be obtained from—

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(p) a statement that if the person served with the penalty reminder notice does not understand the document, he or she should seek advice from the registrar of the Court or Children's Court, as the case requires, a lawyer or Victoria Legal Aid.

12 Infringement warrant—prescribed form

For the purposes of section 82(5) of the Act, an infringement warrant—

(a) against a natural person must be in Form 1 of the Schedule; and

(b) against a body corporate must be in Form 2 of the Schedule.

__________________

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SCHEDULE

FORMS

FORM 1

Regulation 12(a)

INFRINGEMENT WARRANT(Against a Natural Person)

Infringements Act 2006

Name: [Insert name]

Address:

Infringements Court Case Number:

Vehicle Registration Number:

State:

Licence Number:

State:

M F

Date of Birth:

Enforcement Agency: [insert enforcement agency name]

On [insert date] an enforcement order was made against [insert name] under section 59 of the Infringements Act 2006 at the Infringements Court within the meaning of the Magistrates' Court Act 1989 in respect of the outstanding amount of the infringement penalty and prescribed costs in respect of a lodgeable infringement offence.

This infringement warrant is issued under section 80 of the Infringements Act 2006 because for a period of more than 28 days you have defaulted in the payment of that fine or in the payment under a payment order.

AMOUNT DUE AND PAYABLEOutstanding Amount of Fine:Warrant Issue Fee:AMOUNT DUE UNDER INFRINGEMENT WARRANT:

Offence Date:Approximate Time of Offence:Infringement Offence:

Approximate Place of Offence:

Sch. S.R. No. 75/2006


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AUTHORITY AND DIRECTIONS

To—

* the Sheriff

* [insert name and rank], a named police member

* all police members

* the Commissioner within the meaning of the Corrections Act 1986

* [insert name], a person authorised by law to execute an infringement warrant [specify person and authority].

You are to demand payment of the amount unpaid from the person named in this infringement warrant. If this amount is paid, you must send it immediately to an Infringements Registrar.

IF THE AMOUNT IS NOT PAID

You are authorised to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person.

You are further authorised—

(i) to seize the personal property of the person named in the infringement warrant; and

(ii) if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.

If you cannot find sufficient personal property of the person named in the infringement warrant on which to levy the amounts named in the infringement warrant together with all lawful costs of execution you are authorised to break, enter and search for the person named in the infringement warrant in any place where the person named is suspected to be, to arrest the person and subject to any endorsement—

(i) release the person named in the infringement warrant on a community work permit in accordance with Division 1 of Part 12 of the Infringements Act 2006; or

(ii) release the person on bail in accordance with the endorsement below to be dealt with in accordance with Division 2 of Part 12 of the Infringements Act 2006; or

Sch. S.R. No. 75/2006


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(iii) if the person refuses to enter into an undertaking of bail or cannot be dealt with under Division 1 of Part 12 of the Infringements Act 2006, take and safely convey the person named in this infringement warrant to a prison or police gaol and deliver the person to the officer in charge of the prison or police gaol for the purposes of being dealt with under Division 2 of Part 12 of the Infringements Act 2006.

If the amount is partly paid you must reduce the amounts named in this infringement warrant by the amount paid, amend the execution copy of the infringement warrant, receive payment and forward it without delay to an Infringements Registrar.

Issued at: on:

Issued by (name):

INFRINGEMENTS REGISTRAR

ENDORSEMENT AS TO BAIL UNDER SECTION 80(2) OF THE INFRINGEMENTS ACT 2006

Bail is granted on the following conditions:

The person named may be released upon entering an undertaking of bail to appear at the venue of the Magistrates' Court nearest to where the person resides on the following conditions:

INFRINGEMENTS REGISTRAR

Date

* Delete if inapplicable.

__________________

Sch. S.R. No. 75/2006


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FORM 2

Regulation 12(b)

INFRINGEMENT WARRANT(Against a Body Corporate)

Infringements Act 2006

Name: [insert name]

Address:

Infringements Court Case Number:

Vehicle Registration Number:

State:

ACN:

Enforcement Agency: [insert enforcement agency name]

On [insert date] an enforcement order was made against [insert name] under section 59 of the Infringements Act 2006 at the Infringements Court within the meaning of the Magistrates' Court Act 1989 in respect of the outstanding amount of the infringement penalty and prescribed costs in respect of a lodgeable infringement offence.

This infringement warrant is issued under section 80 of the Infringements Act 2006 because for a period of more than 28 days you have defaulted in the payment of that fine.

AMOUNT DUE AND PAYABLEOutstanding Amount of Fine:Warrant Issue Fee:AMOUNT DUE UNDER INFRINGEMENT WARRANT:

Offence Date:Approximate Time of Offence:Infringement Offence:

Approximate Place of Offence:

AUTHORITY AND DIRECTIONS

To the Sheriff of Victoria,

You are to demand payment of the amount unpaid from the person named in this infringement warrant.

If this amount is paid, you must send it immediately to an Infringements Registrar.

Sch. S.R. No. 75/2006


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If the amount is not paid:

You are authorised to break, enter and search any residential or business property occupied by the person named in the infringement warrant for any personal property of that person.

You are further authorised—

(i) to seize the personal property of the person named in the infringement warrant; and

(ii) if the amounts named in the infringement warrant together with all lawful costs of execution are not paid, to sell the personal property seized.

If the amount is partly paid you must reduce the amounts named in this infringement warrant by the amount paid, amend the execution copy of the infringement warrant, receive payment and forward it without delay to the Infringements Registrar.

Issued at: on:

Issued by (name):

INRINGEMENTS REGISTRAR

═══════════════

Sch. S.R. No. 75/2006


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ENDNOTES

1. General InformationThe Infringements (Reporting and Prescribed Details and Forms) Regulations 2006, S.R. No. 75/2006 were made on 27 June 2006 by the Governor in Council under section 168 of the Infringements Act 2006, No. 12/2006 and came into operation on 1 July 2006: regulation 3.

The Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 will sunset 10 years after the day of making on 27 June 2016 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes S.R. No. 75/2006


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2. Table of AmendmentsThis Version incorporates amendments made to the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Infringements (Reporting and Prescribed Details and Forms) Amendment Regulations 2008, S.R. No. 108/2008

Date of Making: 15.9.08Date of Commencement: 15.9.08

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3. Explanatory DetailsNo entries at date of publication.



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