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INFRINGEMENTS ACT 2006 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of accredited agency inserted by No. 29/2016 s. 61(1).

"accredited agency "means an organisation accredited under Division 3A of Part 2 to provide a work and development permit under that Division;

Example

A health practice is an example of an organisation that might apply to become an accredited agency.

S. 3(1) def. of accredited health practitioner inserted by No. 29/2016 s. 61(1).

"accredited health practitioner "means a person who is a qualified health practitioner accredited under Division 3A of Part 2 to provide a work and development permit under that Division;

S. 3(1) def. of additional steps amended by No. 32/2006 s. 4(1)(a).

"additional steps", in relation to an infringement offence, means any additional steps which have to be taken under the Act or other instrument creating the offence to expiate the offence to which an infringement notice relates;

"attachment of earnings order" means an order made under section 123;

"attachment of debts order" means an order made under section 129;

S. 3(1) def. of child inserted by No. 32/2006 s. 4(1)(d), amended by No. 48/2006 ss 40(1), 42(Sch. item 18.1).

"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when an infringement penalty is lodged under section 54 or an application is made under clause 3 of Schedule 3 to the Children, Youth and Families Act 2005 for the registration of an infringement penalty in respect of the person;

"community corrections centre" means community corrections centre established under Part 9 of the Corrections Act 1986 ;

"community corrections officer" means community corrections officer appointed under Part 4 of the Corrections Act 1986 ;

"community work permit" means a permit under Division 1 of Part 12;

"Court" means Magistrates' Court;

"director", in relation to a body corporate, includes—

        (a)     a person occupying the position of director of the body corporate, by whatever name called; and

        (b)     a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;

"driver licence" has the same meaning as it has in section 3 of the Road Safety Act 1986 and includes a learner permit under Part 3 of that Act;

S. 3(1) def. of eligible person inserted by No. 29/2016 s. 61(1).

"eligible person" means a person—

        (a)     served with an infringement notice; and

        (b)     who—

              (i)     has a mental or intellectual disability, disorder or illness; or

              (ii)     has an addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 ; or

              (iii)     is experiencing homelessness in accordance with the prescribed criteria (if any); or

              (iv)     is experiencing acute financial hardship; or

              (v)     is the victim of family violence within the meaning of section 5 of the Family Violence Protection Act 2008 ;

Note

The work and development permit guidelines made by the Attorney-General under section 27L specify the kind of circumstances that should apply to a person in order to satisfy the Secretary that the person is an eligible person.

"enforcement agency", in relation to an infringement offence, means—

        (a)     a person or body authorised by or under an Act to take proceedings for the infringement offence in respect of which the infringement notice or official warning was issued or served; or

        (b)     a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or

        (c)     a prescribed person or body or person or body which is a member of a prescribed class of person or body;

"enforcement order" means an order made under section 59;

"enforcement order notice" means a notice under section 60(1) of the making of an enforcement order;

"execution copy", in relation to an infringement warrant, means the copy issued for the purposes of execution and includes an execution copy comprising a number of infringement warrants consolidated under section 86;

"fine" means an infringement penalty and any prescribed costs and includes any fee payable under section 81;

S. 3(1) def. of fine related sentence inserted by No. 29/2016 s. 84(2).

"fine related sentence" means a term of imprisonment or detention in a youth training centre being served by a person because of—

        (a)     an order under section 160; or

        (b)     being in default of—

              (i)     an instalment order; or

              (ii)     the payment of a fine;

S. 3(1) def. of fine units repealed by No. 32/2006 s. 4(3)(a).

    *     *     *     *     *

"garnishee" means a person from whom an infringements registrar, the sheriff, an enforcement agency or a person against whom an infringement warrant has been issued, claims that a debt is due or accruing to the person against whom an infringement warrant has been issued;

guidelines means the guidelines in force from time to time under section 5;

S. 3(1) def. of health practitioner inserted by No. 29/2016 s. 61(1).

"health practitioner" means—

        (a)     a registered medical practitioner; or

        (b)     a registered psychologist; or

        (c)     a nurse;

S. 3(1) def. of infringement notice amended by No. 32/2006 s. 4(1)(b).

"infringement notice" means a notice in respect of an infringement offence served or to be served in accordance with Part 2;

S. 3(1) def. of infringement offence substituted by No. 32/2006 s. 4(1)(c), amended by No. 29/2007 s. 25.

"infringement offence" means an offence which may be the subject of an infringement notice under—

        (a)     any Act or statutory rule; or

        (b)     any local law; or

        (ba)     a by-law made under section 171 of the Water Act 1989 or a by-law made under a prescribed Act; or

        (c)     any Commonwealth Act or any Act of another State or Territory or any subordinate instrument under such an Act that applies as a law of Victoria;

S. 3(1) def. of infringement offender amended by No. 32/2006 s. 4(3)(b).

"infringement offender" means a person who has been arrested under one or more infringement warrants;

"infringement penalty" means the amount stated in an infringement notice as payable in respect of the infringement offence to which the notice relates;

"infringements registrar"—

        (a)         means a registrar within the meaning of the Magistrates' Court Act 1989 who is a registrar on whom functions under this Act or the Magistrates' Court Act 1989 have been conferred in respect of any proceeding or class of proceeding or procedure under this Act; and

        (b)     includes any deputy registrar employed pursuant to section 17 of that Act to whom duties, powers and functions under this Act are delegated under the Magistrates' Court Act 1989 ;

"infringement warrant" means a warrant issued under Part 6;

S. 3(1) def. of instalment order inserted by No. 29/2016 s. 84(1).

"instalment order" means—

        (a)     an instalment order within the meaning of the Sentencing Act 1991 ; or

        (b)     an instalment order made under section 160(3)(c), 160AA(1)(b), 160AA(2)(b), 161C(4)(c), 161D(1)(b) or 161D(2)(b);

"issuing officer" means—

        (a)     a person appointed by an enforcement agency to issue or serve an infringement notice in respect of an infringement offence; or

        (b)     a prescribed person or person who is a member of a prescribed class of person;

S. 3(1) def. of local law inserted by No. 32/2006 s. 4(1)(d).

"local law" means a local law made under Part 5 of the Local Government Act 1989 ;

S. 3(1) def. of lodgeable infringement offence substituted by No. 29/2016 s. 59(1).

"lodgeable infringement offence" means any infringement offence other than a non‑lodgeable infringement offence;

"motor vehicle" has the same meaning as it has in the Road Safety Act 1986 ;

S. 3(1) def. of non-fine related sentence inserted by No. 29/2016 s. 84(2).

"non-fine related sentence" means a term of imprisonment or detention in a youth training centre being served by a person that is not a fine related sentence;

S. 3(1) def. of non-lodgeable infringement offence inserted by No. 29/2016 s. 59(2).

"non-lodgeable infringement offence" means an infringement offence

        (a)     that is prescribed as a non-lodgeable infringement offence; or

        (b)     that is in a prescribed class of non lodgeable infringement offences; or

        (c)     under a local law, other than a parking infringement;

S. 3(1) def. of nurse inserted by No. 29/2016 s. 61(1).

"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

"official warning" means a warning in respect of an infringement offence served in accordance with Part 2;

"outstanding fines", in relation to an infringement warrant, means the total of—

        (a)     the amount specified in the infringement warrant that is unpaid; and

        (b)     the costs of execution of the infringement warrant that are unpaid;

"payment order" means an order made under section 77;

"payment plan" means a payment plan under Part 3;

"penalty reminder notice" means a notice served under section 29;

S. 3(1) def. of penalty reminder notice fee inserted by No. 59/2017 s. 110(2).

"penalty reminder notice fee" means the prescribed fee that applies on the serving of a penalty reminder notice;

S. 3(1) def. of police member repealed by No. 37/2014 s. 10(Sch. item 87.1(b)).

    *     *     *     *     *

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 87.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of prescribed costs amended by No. 32/2006 s. 4(2), repealed by No. 59/2017 s. 110(1).

    *     *     *     *     *

S. 3(1) def. of prescribed warrant fee inserted by No. 29/2016 s. 61(1).

"prescribed warrant fee" means the fee prescribed under section 81 in respect of the issue of an infringement warrant;

"public place" has the same meaning as it has in section 3 of the Summary Offences Act 1966 ;

"registered operator" has the same meaning as it has in the Road Safety Act 1986 and in Part 7 includes, in the case of an unregistered motor vehicle, the last registered operator;

S. 3(1) def. of registered psychologist inserted by No. 29/2016 s. 61(1).

"registered psychologist" means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

"Secretary" means the Secretary to the Department of Justice;

"seven-day notice" means a notice served under section 88;

S. 3(1) def. of special circumstan-ces amended by No. 29/2016 s. 61(2).

"special circumstances", in relation to a person means—

        (a)     a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable—

              (i)     to understand that conduct constitutes an offence; or

              (ii)     to control conduct that constitutes an offence; or

        (b)     a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable—

              (i)     to understand that conduct constitutes an offence; or

              (ii)     to control conduct which constitutes an offence; or

        (c)     homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in the person being unable to control conduct which constitutes an offence; or

        (d)     family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence;

S. 3(1) def. of time served order inserted by No. 29/2016 s. 84(2).

"time served order" means an order made by the Court under section 161B(1);

S. 3(1) def. of time to pay order inserted by No. 29/2016 s. 84(1).

"time to pay order" means—

        (a)     a time to pay order within the meaning of the Sentencing Act 1991 ; or

        (b)     a time to pay order made under section 160(3)(b), 160AA(1)(a), 161C(4)(b) or 161D(1)(a);

"vehicle" has the same meaning as it has in the Road Safety Act 1986 ;

S. 3(1) def. of VicRoads amended by Nos 6/2010 s. 203(1)
(Sch. 6 item 26.1) (as amended by No. 45/2010 s. 22), 29/2016 s. 61(3).

"VicRoads" means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010 ;

S. 3(1) def. of work and development permit inserted by No. 29/2016 s. 61(1).

"work and development permit" means a permit referred to in section 27A;

S. 3(1) def. of work and development permit guidelines inserted by No. 29/2016 s. 61(1).

"work and development permit guidelines" means the guidelines prepared by the Attorney‑General under section 27L.

    (2)     If under the Public Administration Act 2004 the name of the Department of Justice is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3(3) inserted by No. 32/2006 s. 4(4).

    (3)     Nothing in the definition of special circumstances is to be taken as limiting any power of the Court to consider the circumstances of any person in a proceeding before the Court under this Act or any other Act.

S. 4 (Heading) amended by No. 68/2009 s. 97(Sch. item 70.1).



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