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Justice Legislation Amendment (Fines Reform and Other Matters) Bill 2022

Justice Legislation Amendment (Fines Reform and
             Other Matters) Act 2022
                            No.           of 2022


                     TABLE OF PROVISIONS
Clause                                                                   Page

Part 1--Preliminary                                                         1
 1       Purposes                                                          1
 2       Commencement                                                      2
Part 2--Amendment of Fines Reform Act 2014                                  4
Division 1--Fines Reform Act 2014 amendments                                4
 3       Definitions                                                       4
 4       New section 3A inserted                                           4
 5       Functions and powers of the Director                              5
 6       Effect of work and development permit                             5
 7       Infringement fine may be waived in limited circumstances          5
 8       New section 10FA inserted                                         6
 9       FVS application to be made before certain enforcement related
         events                                                             7
 10      FVS applicant ineligible for family violence scheme                7
 11      Extended period for registration                                   7
 12      Person may apply for a payment arrangement                         9
 13      Provision of current contact details                               9
 14      New section 95A inserted                                          10
 15      Power of Director to apply for land charge to be recorded         10
 16      Execution of enforcement warrant--fine defaulter other than
         person in contravention of community work permit                  11
 17      What can be done during period of the seven-day notice?           11
 18      Director must waive payment of relevant infringement fines if
         section 171AC does not apply                                      11
 19      Enforcement and payment report                                    12
 20      Right of intervention in management                               12
 21      Director or sheriff may request required information from
         specified agency for purpose of enforcing registered fines        12
 22      Restriction on Director and sheriff in relation to use of
         required information                                              12
 23      Section 177 substituted                                           12
 24      Certain agencies may give information for enforcement
         purposes                                                          13



                                      i
Clause                                                                 Page

 25      New section 184A inserted                                       14
 26      Regulations                                                     14
Division 2--Further Fines Reform Act 2014 amendments                      15
 27  Definition                                                          15
 28  New section 10AA inserted                                           15
 29  Work and development permits                                        16
 30  Application for work and development permit                         16
 31  Effect of work and development permit                               17
 32  Infringement fine may be waived in limited circumstances            17
 33  Work and development permit guidelines                              18
 34  Referral for collection of court fine by Director                   18
 35  Court fine collection statement                                     19
 36  Referral of enforcement hearing orders to Director for
     collection                                                          19
 37  Registration of infringement fine with Director                     19
 37A Director may decide that enforcement of infringement offence
     under this Act is not appropriate                                   20
 38  New section 32A inserted                                            21
 39  Request for additional information                                  23
 40  Issue of enforcement warrant                                        23
 41  Warning of execution of enforcement warrant--seven-day
     notice                                                              24
 42  Executing enforcement warrant after expiry of seven-day
     notice                                                              25
 43  Amendment of Part 14 heading                                        25
 44  Definitions for Part 14                                             25
 45  Amendment of Division 1A of Part 14 heading                         26
 46  Section 171AA substituted                                           26
 47  Request to Director for waiver or to make application for time
     served order                                                        27
 48  Appropriate action--application to the Magistrates' Court by
     Director                                                            28
 49  Director must waive payment of relevant infringement fines if
     section 171AC does not apply                                        29
 50  Effect of waiving payment of outstanding amount of relevant
     infringement fine                                                   30
 51  Amendment of Division 2 of Part 14 heading                          30
 52  New section 171AF inserted                                          30
 53  Application of the Director on behalf of person in custody          31
 54  Time served orders                                                  33
 55  Orders of Magistrates' Court for any relevant infringement fine
     or any remaining amount                                             35
 56  Additional powers of the Magistrates' Court                         37
 57  Term of imprisonment including whether cumulative or
     concurrent                                                          38
 58  Contact details of person                                           38


                                     ii
Clause                                                                    Page

 59      Variation of instalment order                                      39
 60      Application for rehearing in certain circumstances                 39
 61      Determination of rehearing                                         40
 62      Application for bail pending rehearing                             40
 63      New section 171L inserted                                          40
 64      Enforcement and payment report                                     41
 65      Service of documents                                               41
Part 3--Amendment of Infringements Act 2006                                  43
 66      Guidelines                                                         43
 67      New section 6A inserted                                            43
 68      New section 21A inserted                                           44
 69      New section 31AA inserted                                          44
 70      Expiating the offence                                              45
 71      Effect of expiation                                                45
 72      Decision to go to Court                                            45
 73      Reports and recommendations to Attorney-General                    45
 74      Service of documents                                               46
 75      New section 167A inserted                                          47
 76      Regulations                                                        47
Part 4--Amendment of Magistrates' Court Act 1989                             48
 77      Section 137A repealed                                              48
Part 5--Amendment of Road Safety Act 1986                                    49
 78      Suspension of motor vehicle or trailer registration                49
 79      Extension of time if no actual notice for certain traffic
         infringements                                                      49
 80      Traffic infringements                                              49
Part 6--Amendment of Sentencing Act 1991                                     50
 81      Definitions                                                        50
 82      Person may consent to imprisonment in respect of unpaid fines      50
 83      Issue of warrant to arrest person in default                       50
 84      Who may execute warrant?                                           51
 85      Order of court if material change in circumstances of offender     51
 86      Enforcement of fines against bodies corporate                      52
Part 7--Amendment of Sheriff Act 2009                                        53
Division 1--Amendments relating to warrants                                  53
 87      Definitions                                                        53
 88      Execution and return of warrants and other processes               53
 89      Execution of warrants that are in electronic form                  53
 90      Power to temporarily restrain person hindering execution of
         warrant or exercising of power under Fines Reform Act 2014         53
 91      Power to direct a person to do something                           53



                                       iii
Clause                                                                     Page

 92      New section 33A inserted                                            54
 93      Offence to resist sheriff, deputy sheriff, sheriff's officer or
         justice employee                                                    55
Division 2--Amendments relating to service of foreign and
interstate documents                                                         55
 94      Definitions                                                         55
 95      New Division 2A of Part 5 inserted                                  56
 96      Regulations                                                         56
Part 8--Amendment of Taxation Administration Act 1997                         57
 97      Permitted disclosures to particular persons or for particular
         purposes                                                            57
Part 9--Amendment of tolling Acts                                             58
Division 1--Amendment of EastLink Project Act 2004                            58
 98      Definition                                                          58
 99      Freeway Corporation may notify enforcement agency of non-
         payment of toll                                                     58
 100     Extension of time if no actual notice for offence to drive
         unregistered vehicle in toll zone                                   59
Division 2--Amendment of Melbourne City Link Act 1995                         60
 101     Definitions                                                         60
 102     Relevant corporation or authorised person may notify
         enforcement agency of non-payment of toll                           60
 103     Extension of time if no actual notice for offence to drive
         unregistered vehicle in toll zone                                   61
Division 3--Amendment of North East Link Act 2020                             62
 104     Definitions                                                         62
 105     Relevant North East Link Tolling Corporation or authorised
         person may notify enforcement agency of non-payment of toll         62
 106     Extension of time if no actual notice for offence to drive
         unregistered vehicle in toll zone                                   63
 107     Granting extension of time                                          63
Division 4--Amendment of West Gate Tunnel (Truck Bans and
Traffic Management) Act 2019                                                 64
 108     Definitions                                                         64
 109     Relevant West Gate Tunnel Corporation or authorised person
         may notify enforcement agency of non-payment of toll                64
 110     Extension of time if no actual notice for offence to drive
         unregistered vehicle in toll zone                                   65
 111     Granting extension of time                                          66




                                        iv
Clause                                                                      Page

Part 10--Amendment of Transfer of Land Act 1958                                67
 112      Sale under writ of fieri facias or decree of Supreme Court etc.     67
Part 11--Repeal of this Act                                                    68
 113      Repeal of this Act                                                  68
                               ═════════════
Endnotes                                                                      69
 1       General information                                                  69




                                        v
 Justice Legislation Amendment (Fines
 Reform and Other Matters) Act 2022 
                    No.          of 2022

                          [Assented to                     ]


The Parliament of Victoria enacts:



                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to amend the Fines Reform Act 2014 and
                  the Infringements Act 2006 to implement
                  recommendations made by the Fines Reform
                  Advisory Board following its review of the
                  Fines Reform Act 2014; and



                             1
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                          Part 1--Preliminary


                (b) to amend the Sentencing Act 1991--
                       (i) to harmonise provisions in that Act in
                           relation to the time served scheme with
                           similar provisions in the Fines Reform
                           Act 2014; and
                      (ii) to make miscellaneous and technical
                           amendments; and
                (c) to amend the Sheriff Act 2009 in relation to
                    warrants and other miscellaneous matters;
                    and
                (d) to amend the EastLink Project Act 2004,
                    the Melbourne City Link Act 1995, the
                    North East Link Act 2020 and the West
                    Gate Tunnel (Truck Bans and Traffic
                    Management) Act 2019 to enable a toll road
                    operator to withdraw a request for the
                    enforcement agency to serve an infringement
                    notice in respect of an unpaid toll and to
                    make other miscellaneous amendments; and
                (e) to make fine and infringement related,
                    miscellaneous and consequential
                    amendments to the Magistrates' Court
                    Act 1989, the Road Safety Act 1986, the
                    Taxation Administration Act 1997 and the
                    Transfer of Land Act 1958.
     2 Commencement
          (1) This Act (other than Division 2 of Part 2,
              sections 66, 67, 73, 74, 79, 80, 82 and Part 9)
              comes into operation on the day after the day on
              which this Act receives the Royal Assent.
          (2) Subject to subsection (3), Division 2 of Part 2,
              sections 66, 67, 73, 74, 79, 80, 82 and Part 9 come
              into operation on a day or days to be proclaimed.




                                  2
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                          Part 1--Preliminary


          (3) If a provision referred to in subsection (2) does
              not come into operation before 8 March 2024, it
              comes into operation on that day.




                                  3
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014




     Part 2--Amendment of Fines Reform
                Act 2014
 Division 1--Fines Reform Act 2014 amendments
     3 Definitions
          (1) In section 3 of the Fines Reform Act 2014, in the
              definition of registered court fine, after "any"
              insert "registration fee,".
          (2) In section 3 of the Fines Reform Act 2014, in the
              definition of required information, after "birth"
              insert ", telephone number, email address".
     4 New section 3A inserted
               After section 3 of the Fines Reform Act 2014
               insert--
              "3A Objectives
                     The objectives of this Act are--
                      (a) to provide for the centralised collection
                          and enforcement of infringement fines
                          and court fines by an administrative
                          entity; and
                      (b) to strengthen enforcement mechanisms
                          to better deter people that would
                          otherwise avoid paying their fines; and
                      (c) to support vulnerable people with fines;
                          and
                      (d) to enhance review and oversight
                          processes--
                            (i) to ensure that the infringements
                                system operates fairly and
                                transparently; and
                            (ii) to reduce the burden on the courts
                                 system.".


                                  4
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


     5 Functions and powers of the Director
               After section 5(h) of the Fines Reform Act 2014
               insert--
            "(haa) to waive the payment of any outstanding
                   amount of an infringement fine owed by an
                   eligible person who is, or has been, subject
                   to a work and development permit in
                   accordance with section 10F;".
     6 Effect of work and development permit
          (1) In section 10D(1) of the Fines Reform Act 2014,
              after paragraph (a) insert--
             "(ab) the eligible person partially completes the
                   work and development permit; or".
          (2) Section 10D(3) of the Fines Reform Act 2014 is
              repealed.
          (3) Section 10D(5) of the Fines Reform Act 2014 is
              repealed.
     7 Infringement fine may be waived in limited
       circumstances
          (1) In section 10F(1) of the Fines Reform Act 2014,
              for "On the recommendation of the Director, the
              Secretary" substitute "Subject to subsection (2),
              the Director".
          (2) In section 10F(3) of the Fines Reform
              Act 2014--
                (a) for "Secretary" substitute "Director";
                (b) for "32(1A)(b)" substitute "32(1A)(a)(ii)".
          (3) In section 10F(4) of the Fines Reform Act 2014,
              for "Secretary" (where twice occurring) substitute
              "Director".




                                  5
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


     8 New section 10FA inserted
               After section 10F of the Fines Reform Act 2014
               insert--
           "10FA Work and development permit may
                 extend period for commencing proceeding
                 for offence
               (1) If a person is subject to a work and
                   development permit in respect of an
                   infringement fine, the period during which a
                   proceeding must be commenced for the
                   infringement offence to which the
                   infringement fine relates is extended as
                   follows--
                      (a) if the work and development permit is
                          cancelled and payment in respect of the
                          infringement fine remains outstanding,
                          by 6 months after the work and
                          development permit is cancelled;
                      (b) if a person who is subject to a work and
                          development permit removes an
                          infringement fine in respect of an
                          infringement offence from the work
                          and development permit, by 6 months
                          after the date on which the person has
                          removed that infringement fine from
                          the work and development permit.
               (2) Subsection (1) has effect despite section 7(1)
                   of the Criminal Procedure Act 2009,
                   section 344A of the Children, Youth and
                   Families Act 2005 or any other provision of
                   any Act or other instrument providing for the
                   period during which a proceeding must be
                   commenced for an offence alleged to have
                   been committed.".




                                  6
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


     9 FVS application to be made before certain
       enforcement related events
          (1) In the heading to section 10O of the Fines
              Reform Act 2014 omit "enforcement related".
          (2) In section 10O of the Fines Reform Act 2014--
                (a) in paragraph (e), for "paid." substitute
                    "paid;";
                (b) after paragraph (e) insert--
                     "(f) the hearing and determination of the
                          matter of the infringement offence in a
                          court following--
                            (i) the election of a person to have
                                the matter heard and determined
                                in the court; or
                            (ii) the referral of the matter to the
                                 court by an enforcement agency.".
    10 FVS applicant ineligible for family violence scheme
               In section 10W(4) of the Fines Reform Act 2014,
               for "immediately" substitute ", 21 days after the
               Director has notified the FVS applicant of their
               ineligibility,".
    11 Extended period for registration
          (1) After section 17(b) of the Fines Reform Act 2014
              insert--
             "(ba) in the case of an alleged offence against
                   section 19 of the City of Melbourne
                   Act 2001, no more than 6 months after the
                   date of service of the infringement notice in
                   respect of that offence;".




                                  7
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


          (2) After section 17(f) of the Fines Reform Act 2014
              insert--
             "(fa) if a person to whom a payment arrangement
                   applies removes an infringement fine in
                   respect of an infringement offence from the
                   arrangement, no more than 6 months after
                   the date on which the person removed that
                   infringement fine from the payment
                   arrangement;".
          (3) In section 17(h) of the Fines Reform Act 2014,
              for "24(3) or (4)" substitute "24(3)(b)".
          (4) In section 17(m) of the Fines Reform Act 2014,
              for "section." substitute "section;".
          (5) After section 17(m) of the Fines Reform
              Act 2014 insert--
              "(n) if a person who is subject to a work and
                   development permit removes an
                   infringement fine in respect of an
                   infringement offence from the permit and the
                   infringement fine has not already been
                   registered, no more than 6 months after the
                   date on which the person removed the
                   infringement fine from the work and
                   development permit;
               (o) if a work and development permit has been
                   partially completed in accordance with
                   section 10D 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 partially
                   completed;
               (p) in the case of a person served with a notice
                   under section 10T(3)(b), no more than
                   6 months after the date on which the notice is
                   served.".



                                  8
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


    12 Person may apply for a payment arrangement
          (1) In section 42(1) of the Fines Reform Act 2014--
                (a) for "subsection (4)" substitute "subsections
                    (3) and (6)";
                (b) after "court fine" insert "(if that court fine
                    has been referred to the Director under
                    section 13(1))".
          (2) In section 42(1A) of the Fines Reform Act 2014,
              for "subsection (4)" substitute "subsection (3)".
          (3) After section 42(1A) of the Fines Reform
              Act 2014 insert--
            "(1B) Subject to subsection (3), a natural person
                  may apply to the Director for a payment
                  arrangement to pay an enforcement hearing
                  order referred to the Director for collection.".
    13 Provision of current contact details
               For section 54(5) of the Fines Reform Act 2014
               substitute--
              "(5) The Director must notify an enforcement
                   agency which referred an infringement fine
                   in respect of a person to the Director for
                   management by a payment arrangement or a
                   court which makes an order referred to in
                   subsection (2) of the last known address of
                   the person to whom the payment
                   arrangement applies if--
                      (a) the payment arrangement that applies to
                          that person is cancelled under
                          section 56; or
                      (b) that person--
                            (i) requests the removal of a fine
                                from a payment arrangement
                                under section 48; or



                                  9
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


                            (ii) requests the cancellation of a
                                 payment arrangement under
                                 section 49.".
    14 New section 95A inserted
               After section 95 of the Fines Reform Act 2014
               insert--
             "95A Fine defaulter must not dispose of land
                  after service of notice of intention to
                  charge land
                     A person who has been served a notice of
                     intention to charge land must not dispose of
                     their interest in the land for 21 days
                     commencing on the day the notice is served.
                     Penalty: 60 penalty units.".
    15 Power of Director to apply for land charge to be
       recorded
               For section 96(1)(b) of the Fines Reform
               Act 2014 substitute--
              "(b) the person has not paid the registered fine, or
                   within 7 days of the notice of intention to
                   charge land being served--
                       (i) entered into, or made, a payment
                           arrangement; or
                      (ii) made an application for enforcement
                           review which has not been determined;
                           or
                     (iii) is the subject of an application for a
                           work and development permit which
                           has not been determined; or
                     (iv) made an FVS application which has not
                          been determined.".




                                  10
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


    16 Execution of enforcement warrant--fine defaulter
       other than person in contravention of community
       work permit
               In section 110(2) of the Fines Reform Act 2014,
               after "Magistrates' Court" (where twice occurring)
               insert ", County Court or Supreme Court
               (as appropriate)".
    17 What can be done during period of the seven-day
       notice?
               After section 120(1) of the Fines Reform
               Act 2014 insert--
            "(1A) For the avoidance of doubt, section 14(1)(c)
                  of the Sheriff Act 2009 does not limit the
                  power of a person authorised to execute an
                  enforcement warrant under subsection (1) in
                  accordance with that subsection.".
    18 Director must waive payment of relevant
       infringement fines if section 171AC does not apply
          (1) In section 171AD(1) of the Fines Reform
              Act 2014, for "subsection (2)" substitute
              "subsections (2) and (3)".
          (2) After section 171AD(2) of the Fines Reform
              Act 2014 insert--
              "(3) The Director must not waive any outstanding
                   amount of a relevant 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 relevant
                   infringement fine relates was taken into
                   custody.
               Note
               The waiver of an outstanding amount of a relevant
               infringement fine of a person under this section includes the
               waiver of any fees and costs added to the relevant
               infringement fine.".



                                   11
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


    19 Enforcement and payment report
               Section 172(1)(b) and (c) of the Fines Reform
               Act 2014 are repealed.
    20 Right of intervention in management
               After section 173E(1)(c)(i) of the Fines Reform
               Act 2014 insert--
              "(ia) processing of infringement notices; or".
    21 Director or sheriff may request required
       information from specified agency for purpose of
       enforcing registered fines
          (1) In section 174(1) of the Fines Reform Act 2014,
              after "registered fine" insert "or registered
              collection and enforcement order".
          (2) Section 174(3) of the Fines Reform Act 2014 is
              repealed.
    22 Restriction on Director and sheriff in relation to use
       of required information
               In section 176 of the Fines Reform Act 2014--
                (a) after "required information" insert
                    ", or information referred to in section 177,";
                (b) after "registered fine" insert "or registered
                    collection and enforcement order".
    23 Section 177 substituted
               For section 177 of the Fines Reform Act 2014
               substitute--
             "177 Access to and use of information held by
                  credit reporting bodies
               (1) On the written request of the Director or the
                   sheriff, a credit reporting body is authorised
                   to disclose to the Director or the sheriff the
                   following information about a fine defaulter
                   for the purposes of the Director or the sheriff



                                  12
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


                     taking enforcement action under this Act
                     against the fine defaulter--
                      (a) relevant information;
                      (b) any telephone number or email address
                          recorded in the name of the fine
                          defaulter;
                      (c) credit worthiness information in
                          relation to a fine defaulter;
                      (d) the name of any authorised deposit-
                          taking institution in respect of which
                          the fine defaulter is a customer and the
                          details of any accounts held by the fine
                          defaulter with that institution.
               (2) In this section--
                     authorised deposit-taking institution has the
                         same meaning as in the Banking
                         Act 1959 of the Commonwealth;
                     credit worthiness has the same meaning as
                          in the Privacy Act 1988 of the
                          Commonwealth.".
    24 Certain agencies may give information for
       enforcement purposes
          (1) In section 178(1) of the Fines Reform
              Act 2014--
                (a) after "fines," insert "registered collection
                    and enforcement orders,";
                (b) after "sub-contractor" insert
                    "(the requestor)".
          (2) For section 178(2) of the Fines Reform Act 2014
              substitute--
              "(2) On the written request of the requestor, a
                   specified enforcement information agency,
                   or other person or body that receives a


                                  13
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


                     request under subsection (1), may give the
                     requestor access to any information held by
                     the agency, person or body that may be of
                     use in the enforcement of registered fines,
                     registered collection and enforcement orders,
                     directions and warrants under this Act.".
          (3) In section 178(3) of the Fines Reform Act 2014,
              after "fines," insert "registered collection and
              enforcement orders,".
          (4) In section 178(4)(a) of the Fines Reform
              Act 2014, after "fines," insert "registered
              collection and enforcement orders,".
    25 New section 184A inserted
               After section 184 of the Fines Reform Act 2014
               insert--
           "184A Minor defects or errors in a notice
                     A notice issued or served under this Act is
                     not void only because of a minor defect or
                     error in it.".
    26 Regulations
               In section 185(1) of the Fines Reform
               Act 2014--
                (a) after paragraph (e) insert--
                    "(ea) prescribing the land charge threshold
                          for the purposes of Part 9; and";
                (b) after paragraph (j) insert--
                    "(ja) requirements for record-keeping in
                          relation to community work permits;
                          and
                     (jb) prescribing an alternative method to
                          give or serve documents required to be
                          given or served under this Act; and".




                                  14
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


     Division 2--Further Fines Reform Act 2014
                  amendments
    27 Definition
               In section 3 of the Fines Reform Act 2014, for
               the definition of eligible person substitute--
               "eligible person has the meaning given by
                     section 10AA;".
    28 New section 10AA inserted
               Before section 10A of the Fines Reform
               Act 2014 insert--
           "10AA Meaning of eligible person
               (1) In this Part, eligible person means a
                   person--
                      (a) served with an infringement notice or in
                          respect of whom a collection and
                          enforcement order in relation to an
                          outstanding registered infringement
                          fine has been made and registered
                          under section 15E; and
                      (b) in respect of whom at least one
                          paragraph in subsection (2) applies.
               (2) For the purposes of subsection (1)(b), the
                   following paragraphs are specified--
                      (a) the person has a mental or intellectual
                          disability, disorder or illness;
                      (b) the person 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;
                      (c) the person is experiencing
                          homelessness in accordance with the
                          prescribed criteria (if any);


                                  15
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


                       (d) the person is experiencing acute
                           financial hardship;
                       (e) the person 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.".
    29 Work and development permits
               In section 10A of the Fines Reform Act 2014,
               after "infringement fine" insert "or any
               outstanding amount under a registered collection
               and enforcement order made in relation to an
               outstanding registered infringement fine".
    30 Application for work and development permit
          (1) In section 10B(4)(c) of the Fines Reform
              Act 2014, after "offence" insert ", infringement
              fine or registered collection and enforcement
              order in relation to a registered infringement fine".
          (2) For section 10B(5) of the Fines Reform Act 2014
              substitute--
              "(5) If an application is made under this section,
                   any enforcement action against the eligible
                   person is suspended in respect of the
                   following until the Director makes a decision
                   under section 10C--
                       (a) any outstanding infringement fines
                           under the work and development
                           permit;




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                      (b) any registered collection and
                          enforcement orders in relation to
                          registered infringement fines under the
                          work and development permit.".
    31 Effect of work and development permit
          (1) In section 10D(1) of the Fines Reform Act 2014,
              after "infringement fine" insert "or registered
              collection and enforcement order in relation to a
              registered infringement fine".
          (2) In section 10D(2) of the Fines Reform Act 2014,
              after "infringement fine" insert "or registered
              collection and enforcement order in relation to a
              registered infringement fine (as appropriate)".
          (3) In section 10D(4) of the Fines Reform Act 2014,
              after "infringement fine" insert "or registered
              collection and enforcement order in relation to a
              registered infringement fine (as appropriate)".
    32 Infringement fine may be waived in limited
       circumstances
          (1) In section 10F(1) of the Fines Reform Act 2014,
              after "fine" insert "or registered collection and
              enforcement order in relation to a registered
              infringement fine (as appropriate)".
          (2) In section 10F(2) of the Fines Reform
              Act 2014--
                (a) for "make a recommendation" substitute
                    "waive the payment of any outstanding
                    amount of the infringement fine or registered
                    collection and enforcement order in relation
                    to a registered infringement fine
                    (as appropriate)";
                (b) in paragraph (a), after "fine" insert
                    "or registered collection and enforcement
                    order in relation to a registered infringement
                    fine (as appropriate)".


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          (3) In section 10F(4) of the Fines Reform Act 2014,
              after "infringement fine" insert "or registered
              collection and enforcement order in relation to a
              registered infringement fine (as appropriate)".
          (4) For section 10F(5)(a) of the Fines Reform
              Act 2014 substitute--
              "(a) that the Director has waived the outstanding
                   amount of the infringement fine or registered
                   collection and enforcement order in relation
                   to a registered infringement fine
                   (as appropriate); and".
    33 Work and development permit guidelines
          (1) After section 10L(1)(a) of the Fines Reform
              Act 2014 insert--
             "(ab) the circumstances of a person in respect of
                   whom a registered collection and
                   enforcement order in relation to a registered
                   infringement fine has been made that must
                   be established to satisfy the Director that the
                   person is an eligible person; and".
          (2) In section 10L(1)(b) of the Fines Reform
              Act 2014, for "or infringement fine" substitute
              ", infringement fine or registered collection and
              enforcement order in relation to a registered
              infringement fine".
    34 Referral for collection of court fine by Director
               After section 13(1) of the Fines Reform Act 2014
               insert--
            "(1A) Despite subsection (1), a court fine imposed
                  on an offender is not referred to the Director
                  for collection and management until the
                  court provides the Director with the
                  prescribed information to enable collection
                  and management of the fine by the
                  Director.".


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    35 Court fine collection statement
               For section 14(2)(b)(i) and (ii) of the Fines
               Reform Act 2014 substitute--
               "(i) the details of the court fine imposed on the
                    offender; and
               (ii) that failure to pay the court fine as required
                    by the order may result in the fine being
                    registered for enforcement by the Director;
                    and".
    36 Referral of enforcement hearing orders to Director
       for collection
          (1) After section 15B(1) of the Fines Reform
              Act 2014 insert--
            "(1A) Despite subsection (1), an enforcement
                  hearing order made in respect of a person is
                  not referred to the Director for collection and
                  management until the court provides the
                  Director with the prescribed information to
                  enable collection and management of the
                  enforcement and hearing order by the
                  Director.".
          (2) At the foot of section 15B of the Fines Reform
              Act 2014 insert--
               "Note
               See Part 5 for the management by a payment arrangement of
               an enforcement hearing order that may or may not have been
               the subject of an instalment order or a time to pay order.".
    37 Registration of infringement fine with Director
               After section 16(2) of the Fines Reform Act 2014
               insert--
            "(2A) Despite subsection (1), an infringement fine
                  is not registered with the Director for
                  enforcement until an enforcement agency




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                     provides the Director with the prescribed
                     information.".
  37A Director may decide that enforcement of
      infringement offence under this Act is not
      appropriate
          (1) In section 20(1A) of the Fines Reform
              Act 2014--
                (a) in paragraph (b), for "available." substitute
                    "available;";
                (b) after paragraph (b) insert--
                     "(c) if a tollway operator has withdrawn a
                          request made to an enforcement agency
                          to serve an infringement notice because
                          the tollway operator considers it
                          appropriate to do so having considered
                          the circumstances of the person.".
          (2) In section 20(2)(a) of the Fines Reform Act 2014,
              for "a seven-day" substitute "subject to
              subsection (2A), a seven-day".
          (3) After section 20(2) of the Fines Reform Act 2014
              insert--
            "(2A) Subsection (2)(a) does not apply to a
                  seven-day notice that has been served in
                  respect of a registered infringement fine if
                  the infringement offence in respect of which
                  the infringement notice was issued is--
                      (a) an offence against section 204(1) of the
                          EastLink Project Act 2004; or
                      (b) an offence against section 73(1) of the
                          Melbourne City Link Act 1995; or
                      (c) an offence against section 69(1) of the
                          North East Link Act 2020; or




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                      (d) an offence against section 32(1) of the
                          West Gate Tunnel (Truck Bans and
                          Traffic Management) Act 2019.".
          (4) After section 20(4) of the Fines Reform Act 2014
              insert--
              "(5) In this section--
                     tollway operator means any of the
                          following--
                            (a) the Freeway Corporation within
                                the meaning of the EastLink
                                Project Act 2004;
                            (b) the relevant corporation within the
                                meaning of the Melbourne City
                                Link Act 1995;
                            (c) the relevant North East Link
                                Tolling Corporation within the
                                meaning of the North East Link
                                Act 2020;
                            (d) the relevant West Gate Tunnel
                                Corporation within the meaning of
                                the West Gate Tunnel (Truck
                                Bans and Traffic Management)
                                Act 2019.".
    38 New section 32A inserted
               After section 32 of the Fines Reform Act 2014
               insert--
             "32A More time to obtain evidence in certain
                  circumstances
               (1) This section applies to a person making an
                   application for review under section 32(1)(b)
                   or (c).




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               (2) If this section applies to a person, the person
                   may request additional time to obtain
                   evidence in support of their application
                   under section 32(1)(b) or (c).
               (3) A request under subsection (2) must--
                      (a) be in writing; and
                      (b) subject to subsection (5), be made at the
                          same time as the application under
                          section 32.
               (4) On receiving a request under subsection (2),
                   the Director must grant an extension of time
                   to the person as follows--
                      (a) in respect of a request in support of an
                          application under section 32(1)(b), for a
                          period no longer than 3 months unless
                          the Director considers that a longer
                          period may be necessary in the
                          circumstances;
                      (b) in respect of a request in support of an
                          application under section 32(1)(c), for
                          any period the Director considers
                          appropriate.
               (5) A request under subsection (2) may be made
                   after the application under section 32 is made
                   if the Director has not made a determination
                   under section 35.
               (6) If a request is made in accordance with
                   subsection (5), the decision to grant or refuse
                   the person additional time is at the discretion
                   of the Director.".




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    39 Request for additional information
          (1) For section 34(2), (3) and (4) of the Fines Reform
              Act 2014 substitute--
              "(2) The Director's request under subsection (1)
                   must specify the time within which the
                   applicant must provide the additional
                   information.".
          (2) In section 34(5) of the Fines Reform Act 2014,
              for "required (including any extended period)"
              substitute "specified under subsection (2)".
    40 Issue of enforcement warrant
          (1) For section 106(1) and (2) of the Fines Reform
              Act 2014 substitute--
              "(1) If the Director is satisfied of one of the
                   following, the Director may apply to a
                   registrar for an enforcement warrant to be
                   issued against a fine defaulter--
                      (a) a notice of final demand was served on
                          the fine defaulter and the fine defaulter
                          failed to comply with that notice by--
                            (i) defaulting in the payment of a
                                registered fine specified in the
                                notice; or
                            (ii) defaulting in the payment of a
                                 registered collection and
                                 enforcement order specified in the
                                 notice; or
                           (iii) failing to take any other action
                                 specified in the notice within the
                                 time specified in the notice;
                      (b) a payment arrangement was made with
                          the fine defaulter and the fine defaulter
                          defaulted in the payment of that
                          payment arrangement;


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                      (c) the fine defaulter failed to report as
                          required under section 152(b) to the
                          community corrections centre specified
                          in a community work permit imposed
                          on the fine defaulter;
                      (d) the fine defaulter is the subject of any
                          other unsatisfied enforcement warrant
                          that is in force.
               (2) A registrar must issue an enforcement
                   warrant on the application of the Director.".
          (2) In section 106(3) of the Fines Reform Act 2014,
              for "An enforcement warrant issued under
              subsection (2)(c)" substitute "If the Director
              applies for an enforcement warrant under
              subsection (1)(c), the enforcement warrant issued
              under subsection (2)".
    41 Warning of execution of enforcement warrant--
       seven-day notice
          (1) In section 119(3)(b) of the Fines Reform
              Act 2014, after "review" insert "which has not
              been determined".
          (2) In section 119(3) 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 determination that
                          they are an FVS eligible person for the
                          purposes of the family violence scheme
                          and that application has not been
                          determined.".




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    42 Executing enforcement warrant after expiry of
       seven-day notice
               After section 121(2)(e) of the Fines Reform
               Act 2014 insert--
             "(ea) has applied for a determination that they are
                   an FVS eligible person for the purposes of
                   the family violence scheme and that
                   application has not been determined; or".
    43 Amendment of Part 14 heading
               In the heading to Part 14 of the Fines Reform
               Act 2014, after "fines," insert "registered court
               fines,".
    44 Definitions for Part 14
               In section 163 of the Fines Reform Act 2014--
                (a) insert the following definitions--
                     "relevant court means (as the case
                          requires)--
                            (a) in respect of a relevant
                                infringement fine, the Magistrates'
                                Court; or
                            (b) in respect of a relevant court fine
                                imposed by the County Court, the
                                County Court; or
                            (c) in respect of a relevant court fine
                                imposed by the Magistrates'
                                Court, the Magistrates' Court;
                     relevant court fine means--
                            (a) a registered court fine other than a
                                court fine referred to the Director
                                under Part 3 imposed by the
                                Supreme Court; or




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                            (b) a registered collection and
                                enforcement order made in respect
                                of an outstanding registered court
                                fine other than an outstanding
                                registered court fine imposed by
                                the Supreme Court;";
                (b) for the definition of appropriate action
                    substitute--
                     "appropriate action, by the Director,
                          means--
                            (a) an application to the relevant court
                                under section 171A on behalf of a
                                person to whom Division 1A
                                applies; or
                            (b) waiving an outstanding amount
                                under a relevant infringement fine
                                or relevant court fine under
                                section 171AD;".
    45 Amendment of Division 1A of Part 14 heading
               In the heading to Division 1A of Part 14 of the
               Fines Reform Act 2014 omit "in custody".
    46 Section 171AA substituted
               For section 171AA of the Fines Reform Act 2014
               substitute--
         "171AA Application of Division
                     This Division applies to a person--
                      (a) who--
                            (i) is in custody serving a term of
                                imprisonment; or
                            (ii) was in custody but is no longer in
                                 custody because any of the
                                 following has occurred--




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                                 (A) the charges against the
                                     person have been withdrawn;
                                 (B) the person has been
                                     sentenced to a term of
                                     imprisonment but is not
                                     required to spend any
                                     additional time in custody as
                                     a result of that sentence
                                     because of the length of the
                                     sentence and the time the
                                     person has already spent in
                                     custody;
                                 (C) the charges against the
                                     person in respect of which
                                     the person was taken into
                                     custody have been heard and
                                     determined without the
                                     imposition of a term of
                                     imprisonment; and
                      (b) who is the subject of--
                            (i) a relevant infringement fine; or
                            (ii) a relevant court fine.".
    47 Request to Director for waiver or to make
       application for time served order
          (1) In section 171AB of the Fines Reform
              Act 2014--
                (a) after "fines" insert "or relevant court fines";
                (b) in paragraph (a), for "Magistrates' Court"
                    substitute "relevant court".
          (2) At the end of section 171AB of the Fines Reform
              Act 2014 insert--
              "(2) A request made under subsection (1) by a
                   person specified in section 171AA(a)(i) must
                   be made while the person is in custody.


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               (3) A request made under subsection (1) by a
                   person specified in section 171AA(a)(ii)
                   must be made no later than 6 months after
                   the person is released from custody.".
    48 Appropriate action--application to the Magistrates'
       Court by Director
          (1) In the heading to section 171AC of the Fines
              Reform Act 2014, for "Magistrates' Court"
              substitute "relevant court".
          (2) In section 171AC of the Fines Reform Act 2014,
              for "Magistrates' Court" substitute "relevant
              court".
          (3) For section 171AC(b) of the Fines Reform
              Act 2014 substitute--
               "(b) the outstanding amount under a relevant
                    infringement fine of the person exceeds--
                       (i) the term of imprisonment of the person
                           in respect of a non-fine related
                           sentence; and
                      (ii) any time the person spent in custody
                           before being sentenced to the term of
                           imprisonment specified in
                           subparagraph (i)--
                     where one day in custody accounts for one
                     penalty unit or part of a penalty unit of the
                     outstanding amount under the relevant
                     infringement fine;
               (c) the outstanding amount under a relevant
                   court fine of the person exceeds--
                       (i) the term of imprisonment of the person
                           in respect of a non-fine related
                           sentence; and




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                      (ii) any time the person spent in custody
                           before being sentenced to the term of
                           imprisonment specified in
                           subparagraph (i)--
                     where one day in custody accounts for one
                     penalty unit or part of a penalty unit of the
                     outstanding amount under the relevant court
                     fine;
               (d) the outstanding amount under a relevant
                   infringement fine or relevant court fine
                   exceeds the period of time the person spent
                   in custody before the person was released
                   where one day in custody accounts for one
                   penalty unit or part of a penalty unit of the
                   outstanding amount under the relevant
                   infringement fine or relevant court fine.".
          (4) At the end of section 171AC of the Fines Reform
              Act 2014 insert--
              "(2) In this section--
                     relevant court fine does not include any
                          additional fees and costs that have been
                          added to the relevant court fine;
                     relevant infringement fine does not include
                          any additional fees and costs that have
                          been added to the relevant infringement
                          fine.".
    49 Director must waive payment of relevant
       infringement fines if section 171AC does not apply
          (1) In the heading to section 171AD of the Fines
              Reform Act 2014, after "fines" insert
              "or relevant court fines".
          (2) In section 171AD(1) of the Fines Reform
              Act 2014--
                (a) after "fine" insert "or relevant court fine";



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                (b) for "Magistrates' Court" substitute "relevant
                    court".
          (3) In section 171AD(2) of the Fines Reform
              Act 2014, after "fine" insert "or relevant court
              fine".
          (4) For the note at the foot of section 171AD of the
              Fines Reform Act 2014 substitute--
               "Note
               The waiver of an outstanding amount of a relevant
               infringement fine or relevant court fine of a person under
               this section includes the waiver of any fees and costs added
               to the relevant infringement fine or relevant court fine.".
    50 Effect of waiving payment of outstanding amount of
       relevant infringement fine
          (1) In section 171AE of the Fines Reform Act 2014,
              after "infringement fine" (where secondly
              occurring) insert "solely".
          (2) In section 171AE of the Fines Reform Act 2014,
              for "term of imprisonment" (where secondly
              occurring) substitute "period spent in custody".
    51 Amendment of Division 2 of Part 14 heading
               In the heading to Division 2 of Part 14 of the
               Fines Reform Act 2014, after "fines" insert
               "and relevant court fines".
    52 New section 171AF inserted
               Before section 171A of the Fines Reform
               Act 2014 insert--
         "171AF Definitions
                       In this Division--
                       relevant court fine does not include any
                            additional fees and costs that have been
                            added to the relevant court fine;




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                     relevant infringement fine does not include
                          any additional fees and costs that have
                          been added to the relevant infringement
                          fine.".
    53 Application of the Director on behalf of person in
       custody
          (1) In the heading to section 171A of the Fines
              Reform Act 2014 omit "in custody".
          (2) In section 171A(1) of the Fines Reform
              Act 2014--
                (a) for "subsection (4)" substitute "subsections
                    (4) and (5)";
                (b) for "Magistrates' Court" substitute "relevant
                    court";
                (c) after "fine" insert "or relevant court fine".
          (3) In section 171A(2) of the Fines Reform
              Act 2014--
                (a) for "171AC(a)" substitute "171AC(1)(a)";
                (b) for "Magistrates' Court" substitute
                    "relevant court".
          (4) For section 171A(3) of the Fines Reform
              Act 2014 substitute--
              "(3) If section 171AC(1)(b) applies to a person,
                   the Director must apply to the relevant court
                   on behalf of the person for--
                      (a) an order under section 171B; and
                      (b) an order under section 171C in relation
                          to the amount of the relevant
                          infringement fine that will exceed--
                            (i) the term of imprisonment of the
                                person in respect of the person's
                                non-fine related sentence in



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                                accordance with section
                                171AC(1)(b); and
                            (ii) any time the person spent in
                                 custody before being sentenced to
                                 the term of imprisonment
                                 specified in subparagraph (i).
             (3A) If section 171AC(1)(c) applies to a person,
                  the Director must apply to the relevant court
                  on behalf of the person for--
                      (a) an order under section 171B; and
                      (b) an order under section 171C in relation
                          to the amount of the relevant court fine
                          that will exceed--
                            (i) the term of imprisonment of the
                                person in respect of the person's
                                non-fine related sentence in
                                accordance with section
                                171AC(1)(c); and
                            (ii) any time the person spent in
                                 custody before being sentenced to
                                 the term of imprisonment
                                 specified in subparagraph (i).
             (3B) If section 171AC(1)(d) applies to a person,
                  the Director must apply to the relevant court
                  on behalf of the person for--
                      (a) an order under section 171B; and
                      (b) an order under section 171C in relation
                          to the amount of the relevant
                          infringement fine or relevant court fine
                          that will exceed the period the person
                          spent in custody.".




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          (5) In section 171A(4) of the Fines Reform
              Act 2014--
                (a) for "The" substitute "Subject to subsection
                    (4A), the";
                (b) for "Magistrates' Court" substitute
                    "relevant court".
          (6) After section 171A(4) of the Fines Reform
              Act 2014 insert--
            "(4A) The Director may make an application to the
                  relevant court in accordance with this section
                  on behalf of a person who is no longer in
                  custody if the person is no longer in custody
                  because of a reason specified in section
                  171AA(a)(ii).".
    54 Time served orders
          (1) For section 171B(1) of the Fines Reform
              Act 2014 substitute--
              "(1) The relevant court may order that the
                   person who is the subject of an application
                   under section 171A(3), (3A) or (3B)
                   (as the case requires)--
                      (a) 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
                          relevant infringement fine in default of
                          payment of that relevant infringement
                          fine; or
                      (b) 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



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                          relevant court fine in default of
                          payment of that relevant court fine; or
                      (c) be held in custody 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 relevant
                          infringement fine or relevant court fine
                          in default of payment of that relevant
                          infringement fine or relevant court
                          fine.".
          (2) In section 171B(2) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) for "the Court" substitute "the court";
                (c) after "section 171A(3)" insert ", (3A) or
                    (3B)".
          (3) In section 171B(3) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) in paragraph (a), for "Court" substitute
                    "court";
                (c) in paragraph (b) omit "after the Director
                    applied to the Court under section 171A(3)".
          (4) In section 171B(4) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) after "fine" insert "or relevant court fine".




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          (5) In section 171B(5) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court".
    55 Orders of Magistrates' Court for any relevant
       infringement fine or any remaining amount
          (1) In the heading to section 171C of the Fines
              Reform Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "fine" substitute "fine, relevant court
                    fine".
          (2) In section 171C(1) of the Fines Reform
              Act 2014--
                (a) in paragraph (b), for "Magistrates' Court"
                    substitute "relevant court";
                (b) in paragraph (b)(ii), for "sentence."
                    substitute "sentence; or";
                (c) after paragraph (b) insert--
                     "(c) the person has been released from
                          custody and the term imposed under the
                          time served order exceeds the time the
                          person spent in custody.".
          (3) In section 171C(2) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) for "the Court" substitute "the court".




                                  35
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


          (4) For section 171C(2)(a), (b) and (c) of the Fines
              Reform Act 2014 substitute--
               "(a) discharging in full any--
                       (i) relevant infringement fine; or
                      (ii) relevant court fine; or
                (b) discharging in part any--
                       (i) relevant infringement fine; or
                      (ii) relevant court fine; or
                (c) discharging in part any--
                       (i) relevant infringement fine and order
                           that the person be imprisoned for a term
                           fixed in accordance with section
                           171E(1); or
                      (ii) relevant court fine and order that the
                           person be imprisoned for a term fixed
                           in accordance with section 171E(1);
                           or".
          (5) In section 171C(4) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court".
          (6) In section 171C(5) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court";
                (c) in paragraph (a), after "fine" insert
                    "or relevant court fine".
          (7) In section 171C(6) of the Fines Reform
              Act 2014, for "Magistrates' Court" substitute
              "relevant court".


                                  36
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


          (8) In section 171C(7) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court".
    56 Additional powers of the Magistrates' Court
          (1) In the heading to section 171D of the Fines
              Reform Act 2014, for "Magistrates' Court"
              substitute "relevant court".
          (2) In section 171D(1) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court";
                (c) after "fine" (where twice occurring) insert
                    "or relevant court fine".
          (3) In section 171D(2) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) after "fine" (where first occurring) insert
                    "or relevant court fine";
                (c) in paragraph (a), after "1989" insert "or as
                    otherwise authorised by law";
                (d) for paragraph (b) substitute--
                     "(b) the court may make an instalment order
                          in respect of the payment of any
                          relevant infringement fine or relevant
                          court fine.".




                                  37
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


          (3) In section 171D(3) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) after "fine" insert "or relevant court fine";
                (c) for "the Court" substitute "the court";
                (d) after "1989" insert "or as otherwise
                    authorised by law".
          (4) In section 171D(4) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" (where twice occurring)
                    substitute "the court".
          (5) In section 171D(5) of the Fines Reform
              Act 2014, for "Magistrates' Court" substitute
              "relevant court".
          (6) In section 171D(6) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute
                    "relevant court";
                (b) for "the Court" substitute "the court".
    57 Term of imprisonment including whether
       cumulative or concurrent
               In section 171E(1) of the Fines Reform Act 2014,
               after "fine" insert "or relevant court fine
               (as appropriate)".
    58 Contact details of person
          (1) In section 171F(1) of the Fines Reform
              Act 2014--
                (a) for "or (3)" substitute ", (3) or (3A)";



                                  38
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


                (b) in paragraphs (a) and (b), for "Magistrates'
                    Court" substitute "relevant court".
          (2) After section 171F(1) of the Fines Reform
              Act 2014 insert--
            "(1A) A person specified in section 171AA(a)(ii)
                  who makes a request under section 171AB
                  must give their contact details to the Director
                  when they make their request to enable the
                  Director to notify the person (if necessary)
                  of--
                      (a) the relevant details of the application,
                          including when and where it will be
                          heard by the relevant court; and
                      (b) if the person fails to appear before the
                          relevant court, the outcome of the
                          application.".
          (3) In section 171F(2) of the Fines Reform Act 2014,
              for "subsection (1)" substitute "subsections (1)
              and (1A)".
    59 Variation of instalment order
               In section 171G of the Fines Reform Act 2014--
                (a) for "Magistrates' Court" (where twice
                    occurring) substitute "relevant court";
                (b) in subsection (2)(b), for "the Court"
                    substitute "the court".
    60 Application for rehearing in certain circumstances
               In section 171H of the Fines Reform Act 2014--
                (a) for "Magistrates' Court" (where eight times
                    occurring) substitute "relevant court";
                (b) in subsection (6), for "the Court"
                    (where twice occurring) substitute
                    "the court".




                                  39
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


    61 Determination of rehearing
          (1) In section 171I(1) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) for "the Court" (where twice occurring)
                    substitute "the court".
          (2) In section 171I(2) of the Fines Reform
              Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) for "the Court" substitute "the court".
          (3) In section 171I(3) of the Fines Reform Act 2014,
              for "Magistrates' Court" substitute "relevant
              court".
    62 Application for bail pending rehearing
               In section 171J of the Fines Reform Act 2014,
               for "Magistrates' Court" (where twice occurring)
               substitute "relevant court".
    63 New section 171L inserted
               After section 171K of the Fines Reform Act 2014
               insert--
           "171L Waiver of additional fees and costs
               (1) If the relevant court makes an order under
                   section 171B(1), 171C(2), 171C(4), 171D(1)
                   or 171D(2)(b) and the order relates to an
                   infringement fine or court fine to which
                   additional fees and costs have been added,
                   those additional fees and costs are waived.




                                  40
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


               (2) In this section--
                     additional fees and costs means any
                          additional fees and costs that have been
                          added to the infringement penalty or
                          court fine under this Act or the
                          Infringements Act 2006.".
    64 Enforcement and payment report
               In section 172(1)(f) of the Fines Reform
               Act 2014--
                (a) for "Magistrates' Court" substitute "relevant
                    court";
                (b) for "or (3)" substitute ", (3), (3A) or (3B)".
    65 Service of documents
          (1) After section 179(1)(c) of the Fines Reform
              Act 2014 insert--
             "(ca) by email or other electronic communication
                   if a person to be given or served
                   documents--
                       (i) is of or above the age of 16 years; and
                      (ii) has consented orally or in writing to
                           receiving documents by email or other
                           electronic communication; and
                     (iii) has nominated an electronic address by
                           which they can receive an email or
                           other electronic communication; or
              (cb) by sending the document electronically to an
                   address for the person to be served contained
                   in a prescribed electronic address database;
                   or".
          (2) The note at the foot of section 179(1) of the Fines
              Reform Act 2014 is repealed.




                                  41
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 2--Amendment of Fines Reform Act 2014


          (3) After section 179(2) of the Fines Reform
              Act 2014 insert--
            "(2A) Despite section 23(2), a notice of final
                  demand may be served--
                      (a) by email or other electronic
                          communication if a person to be served
                          the notice--
                            (i) is of or above the age of 16 years;
                                and
                            (ii) has consented orally or in writing
                                 to receiving documents by email
                                 or other electronic
                                 communication; and
                           (iii) has nominated an electronic
                                 address by which they can receive
                                 an email or other electronic
                                 communication; or
                      (b) by sending the notice electronically to
                          an address for the person to be served
                          contained in a prescribed electronic
                          address database.".
          (4) After section 179(6) of the Fines Reform
              Act 2014 insert--
              "(7) Subject to subsection (8), an email or other
                   form of electronic communication is taken to
                   have been received at the time the email or
                   other form of electronic communication is
                   sent.
               (8) If an email or other form of electronic
                   communication is sent after 4.00 p.m. on any
                   day, it is taken to have been received on the
                   next business day.".




                                  42
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 3--Amendment of Infringements Act 2006




     Part 3--Amendment of Infringements
                Act 2006
    66 Guidelines
               After section 5(1)(b) of the Infringements
               Act 2006 insert--
             "(ba) the information to be contained in an annual
                   report prepared under section 6A;".
    67 New section 6A inserted
               After section 6 of the Infringements Act 2006
               insert--
              "6A Annual report
               (1) The Attorney-General must prepare an
                   annual report in respect of each financial
                   year.
               (2) The Attorney-General must publish an
                   annual report on a website maintained by the
                   Department of Justice and Community
                   Safety.
               (3) The annual report must--
                      (a) contain any information specified in
                          guidelines made by the Attorney-
                          General under section 5 as information
                          to be contained in the annual report;
                          and
                      (b) contain information relating to the
                          exercise of the Director's internal
                          review oversight function under
                          Part 3A.".




                                  43
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 3--Amendment of Infringements Act 2006


    68 New section 21A inserted
               After section 21 of the Infringements Act 2006
               insert--
             "21A Conduct of internal review
                     An internal review under this Division must
                     be conducted by a person employed by--
                      (a) an enforcement agency authorised by or
                          under an Act to prosecute the offence in
                          respect of which the infringement
                          notice is issued or served; or
                      (b) a prescribed person or body or a person
                          or body which is a member of a
                          prescribed class of person or body for
                          the purposes of paragraph (c) of the
                          definition of enforcement agency in
                          section 3(1).".
    69 New section 31AA inserted
               Before section 31 of the Infringements Act 2006
               insert--
           "31AA Definition
                     In this Division--
                     relevant fee means--
                            (a) any penalty reminder notice fee;
                                and
                            (b) any fees added to the infringement
                                penalty under--
                                  (i) this Act or the regulations; or
                                  (ii) the Fines Reform Act 2014
                                       or the regulations under that
                                       Act.".




                                  44
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 3--Amendment of Infringements Act 2006


    70 Expiating the offence
               In section 32(1), (1A)(a)(i) and (2)(a) of the
               Infringements Act 2006, for "any penalty
               reminder notice fee" substitute "any relevant fee".
    71 Effect of expiation
               After section 33(3) of the Infringements
               Act 2006 insert--
              "(4) For the avoidance of doubt, if an
                   infringement notice is not withdrawn and the
                   infringement penalty and any relevant fees
                   are paid and the offence is expiated in
                   accordance with section 32, no further action
                   in respect of the offence may be taken under
                   this Act or the Fines Reform Act 2014 by--
                      (a) the person who was served with the
                          infringement notice; or
                      (b) the enforcement agency.".
    72 Decision to go to Court
               After the note at the foot of section 40(4) of the
               Infringements Act 2006 insert--
              "(5) This section does not apply to an
                   infringement offence that has been expiated
                   under section 32.
                     Note
                     No further action may be taken in respect of an
                     expiated offence. See section 33(1)(a), (1A)(a)
                     and (4).".
    73 Reports and recommendations to Attorney-General
               Section 53D(1) and (2) of the Infringements
               Act 2006 are repealed.




                                   45
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 3--Amendment of Infringements Act 2006


    74 Service of documents
          (1) After section 162(1)(ba) of the Infringements
              Act 2006 insert--
             "(bb) by email or other electronic communication
                   if a person to be given or served
                   documents--
                       (i) is of or above the age of 16 years; and
                      (ii) has consented orally or in writing to
                           receiving documents by email or other
                           electronic communication; and
                     (iii) has nominated an electronic address by
                           which they can receive an email or
                           other electronic communication; or
              (bc) by sending the document electronically to an
                   address for the person to be served contained
                   in a prescribed electronic address database;
                   or".
          (2) The note at the foot of section 162(1) of the
              Infringements Act 2006 is repealed.
          (3) After section 162(6) of the Infringements
              Act 2006 insert--
            "(6A) Subject to subsection (6B), an email or other
                  form of electronic communication is taken to
                  have been received at the time the email or
                  other form of electronic communication is
                  sent.
             (6B) If an email or other form of electronic
                  communication is sent after 4.00 p.m. on any
                  day, it is taken to have been received on the
                  next business day.".




                                  46
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 3--Amendment of Infringements Act 2006


    75 New section 167A inserted
               After section 167 of the Infringements Act 2006
               insert--
           "167A Minor defects or errors in a notice
                     A notice issued or served under this Act is
                     not void only because of a minor defect or
                     error in it.".
    76 Regulations
               After section 168(1)(e) of the Infringements
               Act 2006 insert--
               "(f) prescribing an alternative method to give or
                    serve documents required to be given or
                    served under this Act; and".




                                  47
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
           Part 4--Amendment of Magistrates' Court Act 1989




 Part 4--Amendment of Magistrates' Court
              Act 1989
    77 Section 137A repealed
               Section 137A of the Magistrates' Court
               Act 1989 is repealed.




                                  48
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
             Part 5--Amendment of Road Safety Act 1986




Part 5--Amendment of Road Safety Act 1986
    78 Suspension of motor vehicle or trailer registration
          (1) In section 9AA(1A) of the Road Safety Act 1986,
              for "section 143(b)" substitute "section 142(b)".
          (2) In section 9AA(2) of the Road Safety Act 1986,
              after "subsection (1)" insert "or (1A)".
    79 Extension of time if no actual notice for certain
       traffic infringements
          (1) In section 67(1) of the Road Safety Act 1986, for
              "a registrar (within the meaning of the Fines
              Reform Act 2014)" substitute "the Director,
              Fines Victoria".
          (2) In section 67(2)(b) of the Road Safety Act 1986,
              for "registrar" substitute "Director, Fines Victoria
              or registrar (as appropriate)".
          (3) Section 67(3) of the Road Safety Act 1986 is
              repealed.
          (4) In section 67(4) of the Road Safety Act 1986, for
              "Magistrates' Court" substitute "Director, Fines
              Victoria".
          (5) In section 67(6)(da) of the Road Safety Act 1986,
              for "Director" substitute "Director, Fines
              Victoria".
          (6) In section 67(7) of the Road Safety Act 1986--
                (a) for "Magistrates' Court" substitute
                    "Director, Fines Victoria";
                (b) for "Director" substitute "Director, Fines
                    Victoria".
    80 Traffic infringements
               In section 88(3AA)(a) of the Road Safety
               Act 1986, for "Director" substitute "Director,
               Fines Victoria".


                                  49
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
              Part 6--Amendment of Sentencing Act 1991




Part 6--Amendment of Sentencing Act 1991
    81 Definitions
               In section 3(1) of the Sentencing Act 1991 insert
               the following definitions--
               "collection fee has the same meaning as it has in
                     the Fines Reform Act 2014;
               enforcement warrant fee has the same meaning as
                    it has in the Fines Reform Act 2014;
               penalty reminder notice fee has the same meaning
                   as it has in the Infringements Act 2006;".
    82 Person may consent to imprisonment in respect of
       unpaid fines
               In section 16A(1) of the Sentencing Act 1991, for
               "A person who has one or more warrants issued
               against him or her under section 69 or any
               enforcement warrant issued against the person
               under the Fines Reform Act 2014 in respect of a
               registered court fine within the meaning of that
               Act," substitute "A person who has one or more
               warrants issued against them under section 69,".
    83 Issue of warrant to arrest person in default
               After section 69(2) of the Sentencing Act 1991
               insert--
            "(2A) The court or proper officer must not issue a
                  warrant under subsection (1) in respect of a
                  registered court fine within the meaning of
                  the Fines Reform Act 2014.".




                                  50
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
              Part 6--Amendment of Sentencing Act 1991


    84 Who may execute warrant?
               For section 69B(2) of the Sentencing Act 1991
               substitute--
            "(1A) A direction may be given by the sheriff
                  under subsection (1) by--
                      (a) attaching the direction to the execution
                          copy of the warrant; or
                      (b) issuing a warrant to the same effect as
                          the warrant to arrest but directed in
                          accordance with subsection (1).
               (2) A warrant attaching a direction of the sheriff
                   or issued by the sheriff in accordance with
                   subsection (1A) authorises the person that is
                   the subject of the direction to do all things
                   that the person would have been directed and
                   authorised to do if the warrant to arrest had
                   been directed to the person.".
    85 Order of court if material change in circumstances
       of offender
               After section 69G(3) of the Sentencing Act 1991
               insert--
              "(4) In this section and sections 69FA and 69H--
                     fine, in relation to any amount of the fine
                           that remains outstanding or unpaid,
                           includes any additional fees and costs
                           that have been added to the fine under
                           the Fines Reform Act 2014 and the
                           Infringements Act 2006.".




                                  51
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
              Part 6--Amendment of Sentencing Act 1991


    86 Enforcement of fines against bodies corporate
               For section 69Y(2) and (3) of the Sentencing
               Act 1991 are substitute--
              "(2) The court or proper officer must not issue a
                   warrant under subsection (1) in respect of a
                   registered court fine within the meaning of
                   the Fines Reform Act 2014.".




                                  52
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                Part 7--Amendment of Sheriff Act 2009




   Part 7--Amendment of Sheriff Act 2009
   Division 1--Amendments relating to warrants
    87 Definitions
               In section 3 of the Sheriff Act 2009, in
               paragraphs (a) and (b) of the definition of civil
               warrant omit "issued by a court and".
    88 Execution and return of warrants and other
       processes
          (1) In section 13(1) of the Sheriff Act 2009, for
              "The" substitute "Subject to subsection (1A),
              the".
          (2) After section 13(1) of the Sheriff Act 2009
              insert--
            "(1A) Subsection (1) does not apply to the return of
                  a warrant under the Magistrates' Court
                  Act 1989.".
    89 Execution of warrants that are in electronic form
               At the foot of section 14(1)(c) of the Sheriff
               Act 2009 insert--
               "Note
               See section 120 of the Fines Reform Act 2014 in relation to
               the execution of enforcement warrants.".
    90 Power to temporarily restrain person hindering
       execution of warrant or exercising of power under
       Fines Reform Act 2014
               In section 16(1)(b) of the Sheriff Act 2009, for
               "140 or 141" substitute "131, 140, 141 or 145".
    91 Power to direct a person to do something
               In section 31(1)(c) of the Sheriff Act 2009, for
               "140 or 141" substitute "131, 140, 141 or 145".



                                  53
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                Part 7--Amendment of Sheriff Act 2009


    92 New section 33A inserted
               After section 33 of the Sheriff Act 2009 insert--
             "33A How unsold property to be handled
               (1) This section applies as follows--
                      (a) to the execution of a warrant or
                          warrants under--
                            (i) section 74(a) or 111(3)(a) of the
                                Magistrates' Court Act 1989; or
                            (ii) the County Court Act 1958; or
                           (iii) the Supreme Court Act 1986; or
                           (iv) section 109(1)(b)(i) of the Fines
                                Reform Act 2014;
                      (b) if personal property seized, taken or
                          coming into the possession of the
                          sheriff in the execution of a warrant or
                          warrants under those Acts--
                            (i) is not to be sold; or
                            (ii) is offered for sale but is not
                                 bought; or
                           (iii) is bought, but is not collected by
                                 the buyer.
               (2) The sheriff--
                      (a) must give the owner of the property
                          (or the person from whom the property
                          was seized if the owner is not known) a
                          written notice--
                            (i) stating that the property is
                                available for retrieval; and
                            (ii) providing details of how the
                                 property may be retrieved; and




                                  54
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                Part 7--Amendment of Sheriff Act 2009


                      (b) may dispose of the property in any
                          manner the sheriff considers
                          appropriate if the property has not been
                          retrieved within 3 months after the date
                          the notice was given or sent.
               (3) It is sufficient compliance with subsection
                   (2)(a) if the sheriff sends the notice by post
                   to the last known address of the person.".
    93 Offence to resist sheriff, deputy sheriff, sheriff's
       officer or justice employee
               In section 47(b) of the Sheriff Act 2009, for
               "140 or 141" substitute "131, 140, 141 or 145".

   Division 2--Amendments relating to service of
          foreign and interstate documents
    94 Definitions
               In section 3 of the Sheriff Act 2009 insert the
               following definitions--
               "Convention country means a country, other than
                   Australia, that is a party to the Hague
                   Convention;
               foreign judicial document means a judicial
                    document that originates in a Convention
                    country and relates to any civil proceeding in
                    a court of that country;
               Hague Convention means the Convention on the
                   Service Abroad of Judicial and Extrajudicial
                   Documents in Civil or Commercial Matters
                   done at the Hague on 15 November 1965;
               interstate or Commonwealth judicial document
                    means a judicial document that relates to any
                    civil proceeding in a court of another State or
                    the Commonwealth;".




                                  55
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                Part 7--Amendment of Sheriff Act 2009


    95 New Division 2A of Part 5 inserted
               After Division 2 of Part 5 of the Sheriff Act 2009
               insert--

                   "Division 2A--Service of foreign,
                interstate and Commonwealth judicial
                              documents
              55B Service of certain judicial documents
               (1) The sheriff must serve a foreign judicial
                   document if requested to do so by the
                   Supreme Court.
               (2) The sheriff may serve an interstate or
                   Commonwealth judicial document if
                   requested to do so by a party to the
                   proceeding to which the document relates.".
    96 Regulations
               After section 56(1)(a) of the Sheriff Act 2009
               insert--
             "(ab) fees or charges payable in respect of the
                   service of--
                       (i) a foreign judicial document; or
                      (ii) an interstate or Commonwealth judicial
                           document;".




                                  56
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
        Part 8--Amendment of Taxation Administration Act 1997




         Part 8--Amendment of Taxation
             Administration Act 1997
    97 Permitted disclosures to particular persons or for
       particular purposes
               After section 92(1)(e)(xv) of the Taxation
               Administration Act 1997 insert--
            "(xvi) the Director, Fines Victoria or the sheriff
                   under the Fines Reform Act 2014 for the
                   purpose of enforcing a registered fine,
                   registered collection and enforcement order
                   or warrant under that Act; or".




                                  57
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts




       Part 9--Amendment of tolling Acts
    Division 1--Amendment of EastLink Project
                   Act 2004
    98 Definition
               In section 3(1) of the EastLink Project Act 2004
               insert the following definition--
               "Director, Fines Victoria has the same meaning
                    as Director has in section 3 of the Fines
                    Reform Act 2014;".
    99 Freeway Corporation may notify enforcement
       agency of non-payment of toll
               After section 207(5) of the EastLink Project
               Act 2004 insert--
              "(6) After a request is made to the enforcement
                   agency under subsection (1)(b)(i) or (ii), the
                   Freeway Corporation may withdraw that
                   request if the Freeway Corporation considers
                   it appropriate to do so having regard to the
                   circumstances of the person in respect of
                   whom the request was made.
               (7) If the Freeway Corporation withdraws a
                   request under subsection (6), it must notify
                   the enforcement agency of that withdrawal.
               (8) On receiving a notification under
                   subsection (7), the enforcement agency must
                   withdraw any infringement notice served in
                   respect of the request that the Freeway
                   Corporation has withdrawn under
                   subsection (6).




                                  58
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


               (9) If an enforcement agency withdraws an
                   infringement notice under subsection (8)--
                      (a) the enforcement agency--
                            (i) must notify the person who was
                                served the infringement notice that
                                the infringement notice has been
                                withdrawn; and
                            (ii) must not take any further action
                                 with respect to the matter; and
                      (b) the Freeway Corporation must not take
                          any further action with respect to the
                          matter.".
  100 Extension of time if no actual notice for offence to
      drive unregistered vehicle in toll zone
          (1) In section 219A(1) of the EastLink Project
              Act 2004, for "a registrar (within the meaning of
              the Fines Reform Act 2014)" substitute "the
              Director, Fines Victoria".
          (2) In section 219A(2)(b) of the EastLink Project
              Act 2004, for "registrar" substitute "Director,
              Fines Victoria or registrar (as appropriate)".
          (3) Section 219A(3) of the EastLink Project
              Act 2004 is repealed.
          (4) In section 219A(4) of the EastLink Project
              Act 2004, for "Magistrates' Court" substitute
              "Director, Fines Victoria".
          (5) In section 219A(6)(da) of the EastLink Project
              Act 2004, for "Director" substitute "Director,
              Fines Victoria".
          (6) In section 219A(7) of the EastLink Project
              Act 2004--
                (a) for "Magistrates' Court" substitute
                    "Director, Fines Victoria";



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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


                (b) for "Director" substitute "Director, Fines
                    Victoria".

 Division 2--Amendment of Melbourne City Link
                 Act 1995
  101 Definitions
               In section 3 of the Melbourne City Link
               Act 1995 insert the following definition--
               "Director, Fines Victoria has the same meaning
                    as Director has in section 3 of the Fines
                    Reform Act 2014;".
  102 Relevant corporation or authorised person may
      notify enforcement agency of non-payment of toll
               After section 77(2) of the Melbourne City Link
               Act 1995 insert--
              "(3) After a request is made to the enforcement
                   agency under subsection (1)(b)(ii), the
                   relevant corporation may withdraw that
                   request if the relevant corporation considers
                   it appropriate to do so having regard to the
                   circumstances of the person in respect of
                   whom the request was made.
               (4) If the relevant corporation withdraws a
                   request under subsection (3), it must notify
                   the enforcement agency of that withdrawal.
               (5) On receiving a notification under subsection
                   (4), the enforcement agency must withdraw
                   any infringement notice served in respect of
                   the request that the relevant corporation has
                   withdrawn under subsection (3).




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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
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                  Part 9--Amendment of tolling Acts


               (6) If an enforcement agency withdraws an
                   infringement notice under subsection (5)--
                      (a) the enforcement agency--
                            (i) must notify the person who was
                                served the infringement notice that
                                the infringement notice has been
                                withdrawn; and
                            (ii) must not take any further action
                                 with respect to the matter; and
                      (b) the relevant corporation must not take
                          any further action with respect to the
                          matter.".
  103 Extension of time if no actual notice for offence to
      drive unregistered vehicle in toll zone
          (1) In section 87A(1) of the Melbourne City Link
              Act 1995, for "a registrar within the meaning of
              the Fines Reform Act 2014" substitute
              "the Director, Fines Victoria".
          (2) In section 87A(2)(b) of the Melbourne City Link
              Act 1995, for "registrar" substitute "Director,
              Fines Victoria or registrar (as appropriate)".
          (3) Section 87A(3) of the Melbourne City Link
              Act 1995 is repealed.
          (4) In section 87A(4) of the Melbourne City Link
              Act 1995, for "Magistrates' Court" substitute
              "Director, Fines Victoria".
          (5) In section 87A(6)(da) of the Melbourne City
              Link Act 1995, for "Director" substitute
              "Director, Fines Victoria".
          (6) In section 87A(7) of the Melbourne City Link
              Act 1995--
                (a) for "Magistrates' Court" substitute
                    "Director, Fines Victoria";



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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


                (b) for "Director" substitute "Director, Fines
                    Victoria".

    Division 3--Amendment of North East Link
                   Act 2020
  104 Definitions
               In section 3 of the North East Link Act 2020--
                (a) insert the following definition--
                     "Director, Fines Victoria has the same
                          meaning as Director has in section 3 of
                          the Fines Reform Act 2014;";
                (b) the definition of Magistrates' Court
                    registrar is repealed.
  105 Relevant North East Link Tolling Corporation or
      authorised person may notify enforcement agency of
      non-payment of toll
               After section 79(3) of the North East Link
               Act 2020 insert--
              "(4) After a request is made to the enforcement
                   agency under subsection (1)(b)(i), the
                   relevant North East Link Tolling Corporation
                   may withdraw that request if the relevant
                   North East Link Tolling Corporation
                   considers it appropriate to do so having
                   regard to the circumstances of the person in
                   respect of whom the request was made.
               (5) If the relevant North East Link Tolling
                   Corporation withdraws a request under
                   subsection (4), it must notify the
                   enforcement agency of that withdrawal.
               (6) On receiving a notification under subsection
                   (5), the enforcement agency must withdraw
                   any infringement notice served in respect of
                   the request that the relevant North East Link



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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


                     Tolling Corporation has withdrawn under
                     subsection (4).
               (7) If an enforcement agency withdraws an
                   infringement notice under subsection (6)--
                      (a) the enforcement agency--
                            (i) must notify the person who was
                                served the infringement notice that
                                the infringement notice has been
                                withdrawn; and
                            (ii) must not take any further action
                                 with respect to the matter; and
                      (b) the relevant North East Link Tolling
                          Corporation must not take any further
                          action with respect to the matter.".
  106 Extension of time if no actual notice for offence to
      drive unregistered vehicle in toll zone
          (1) In section 90(1) of the North East Link
              Act 2020, for "a Magistrates' Court registrar"
              substitute "the Director, Fines Victoria".
          (2) In section 90(2)(b) of the North East Link
              Act 2020 for "Magistrates' Court registrar"
              substitute "Director, Fines Victoria".
          (3) Section 90(3) of the North East Link Act 2020 is
              repealed.
          (4) In section 90(4) of the North East Link
              Act 2020, for "Magistrates' Court" substitute
              "Director, Fines Victoria".
  107 Granting extension of time
          (1) In section 91(2)(e) of the North East Link
              Act 2020, for "Director" substitute "Director,
              Fines Victoria".




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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


          (2) In section 91(3) of the North East Link
              Act 2020--
                (a) for "Magistrates' Court" substitute
                    "Director, Fines Victoria";
                (b) for "Director" substitute "Director, Fines
                    Victoria".

  Division 4--Amendment of West Gate Tunnel
 (Truck Bans and Traffic Management) Act 2019
  108 Definitions
               In section 3 of the West Gate Tunnel (Truck
               Bans and Traffic Management) Act 2019--
                (a) insert the following definition--
                     "Director, Fines Victoria has the same
                          meaning as Director has in section 3 of
                          the Fines Reform Act 2014;";
                (b) the definition of Magistrates' Court
                    registrar is repealed.
  109 Relevant West Gate Tunnel Corporation or
      authorised person may notify enforcement agency of
      non-payment of toll
               After section 41(3) of the West Gate Tunnel
               (Truck Bans and Traffic Management)
               Act 2019 insert--
              "(4) After a request is made to the enforcement
                   agency under subsection (1)(b)(i), the
                   relevant West Gate Tunnel Corporation may
                   withdraw that request if the relevant West
                   Gate Tunnel Corporation considers it
                   appropriate to do so having regard to the
                   circumstances of the person in respect of
                   whom the request was made.




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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                  Part 9--Amendment of tolling Acts


               (5) If the relevant West Gate Tunnel
                   Corporation withdraws a request under
                   subsection (4), it must notify the
                   enforcement agency of that withdrawal.
               (6) On receiving a notification under subsection
                   (5), the enforcement agency must withdraw
                   any infringement notice served in respect of
                   the request that the relevant West Gate
                   Tunnel Corporation has withdrawn under
                   subsection (4).
               (7) If an enforcement agency withdraws an
                   infringement notice under subsection (6)--
                      (a) the enforcement agency--
                            (i) must notify the person who was
                                served the infringement notice that
                                the infringement notice has been
                                withdrawn; and
                            (ii) must not take any further action
                                 with respect to the matter; and
                      (b) the relevant West Gate Tunnel
                          Corporation must not take any further
                          action with respect to the matter.".
  110 Extension of time if no actual notice for offence to
      drive unregistered vehicle in toll zone
          (1) In section 52(1) of the West Gate Tunnel (Truck
              Bans and Traffic Management) Act 2019, for
              "a Magistrates' Court registrar" substitute
              "the Director, Fines Victoria".
          (2) In section 52(2)(b) of the West Gate Tunnel
              (Truck Bans and Traffic Management)
              Act 2019, for "Magistrates' Court registrar"
              substitute "Director, Fines Victoria".
          (3) Section 52(3) of the West Gate Tunnel (Truck
              Bans and Traffic Management) Act 2019 is
              repealed.


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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
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                  Part 9--Amendment of tolling Acts


          (4) In section 52(4) of the West Gate Tunnel (Truck
              Bans and Traffic Management) Act 2019, for
              "Magistrates' Court" substitute "Director, Fines
              Victoria".
  111 Granting extension of time
          (1) In section 53(2)(e) of the West Gate Tunnel
              (Truck Bans and Traffic Management)
              Act 2019, for "Director" substitute "Director,
              Fines Victoria".
          (2) In section 53(3) of the West Gate Tunnel (Truck
              Bans and Traffic Management) Act 2019--
                (a) for "Magistrates' Court" substitute
                    "Director, Fines Victoria";
                (b) for "Director" substitute "Director, Fines
                    Victoria".




                                  66
Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
           Part 10--Amendment of Transfer of Land Act 1958




 Part 10--Amendment of Transfer of Land
              Act 1958
  112 Sale under writ of fieri facias or decree of Supreme
      Court etc.
               In section 52(3) and (5) of the Transfer of Land
               Act 1958, for "three" substitute "6".




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Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                           No.       of 2022
                       Part 11--Repeal of this Act




              Part 11--Repeal of this Act
  113 Repeal of this Act
                This Act is repealed on 8 March 2025.
         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).
                       ═════════════




                                    68
      Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022
                                 No.       of 2022
                                          Endnotes



                                      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:
        Legislative Council:
        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, the Magistrates'
        Court Act 1989, the Road Safety Act 1986, the Sentencing Act 1991,
        the Sheriff Act 2009, the EastLink Project Act 2004, the Melbourne
        City Link Act 1995, the North East Link Act 2020, the West Gate
        Tunnel (Truck Bans and Traffic Management) Act 2019, the
        Taxation Administration Act 1997 and the Transfer of Land Act 1958
        and other Acts and for other purposes."




                   By Authority. Government Printer for the State of Victoria.



                                              69


 


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