Whole Act
102 provisions in continuous reading order
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The main purposes of this Act are—
S. 1(a) substituted by No. 47/2014 s. 203.
to provide a framework for the issuing and serving of infringement notices; and
S. 1(ab) inserted by No. 47/2014 s. 203.
to provide a framework for internal review of a decision by an enforcement agency to serve an infringement notice; and
S. 1(ac) inserted by No. 47/2014 s. 203.
to provide for the payment of an infringement penalty by payment plan; and
S. 1(ad) inserted by No. 47/2014 s. 203.
to provide for the work and development permit scheme; and
to amend the Magistrates' Court Act 1989, the Road Safety Act 1986 and the Subordinate Legislation Act 1994.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 July 2007, it comes into operation on that day.
In this Act—
S. 3(1) def. of accredited agency inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of accredited health practitioner inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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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;
S. 3(1) def. of attachment of earnings order repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of attachment of debts order repealed by No. 47/2014 s. 204(a).
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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), substituted by No. 32/2024 ss 833, 1065.
child means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—
an infringement penalty is registered under section 16 of the Fines Reform Act 2014; or
the enforcement agency gives the registration document and registration certificate (both within the meaning of the Youth Justice Act 2024) in relation to that person to a registrar under section 725(1) of the Youth Justice Act 2024;
Note
It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.
S. 3(1) def. of community corrections centre repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of community corrections officer repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of community work permit repealed by No. 47/2014 s. 204(a).
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Court means Magistrates' Court;
S. 3(1) def. of court fine inserted by No. 29/2016 s. 90(1).
court fine has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of Director inserted by No. 29/2016 s. 90(1).
Director has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of director repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of driver licence repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of eligible person inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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enforcement agency, in relation to an infringement offence, means—
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
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
a prescribed person or body or person or body which is a member of a prescribed class of person or body;
S. 3(1) def. of enforcement order repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of enforcement order notice repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of enforcement warrant inserted by No. 29/2016 s. 90(1).
enforcement warrant has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of execution copy repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of fine repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of fine related sentence inserted by No. 29/2016 s. 84(2), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of fine units repealed by No. 32/2006 s. 4(3)(a).
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S. 3(1) def. of garnishee repealed by No. 47/2014 s. 204(a).
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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), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of infringement fine inserted by No. 29/2016 s. 90(1).
infringement fine has the same meaning as it has in the Fines Reform Act 2014;
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—
any Act or statutory rule; or
any local law; or
a by-law made under section 171 of the Water Act 1989 or a by-law made under a prescribed Act; or
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), repealed by No. 47/2014 s. 204(a).
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infringement penalty means the amount stated in an infringement notice as payable in respect of the infringement offence to which the notice relates;
S. 3(1) def. of infringements registrar repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of infringement warrant repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of instalment order inserted by No. 29/2016 s. 84(1), repealed by No. 29/2016 s. 90(3).
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issuing officer means—
a person appointed by an enforcement agency to issue or serve an infringement notice in respect of an infringement offence; or
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), amended by No. 9/2020 s. 390(Sch. 1 item 57).
local law means a local law made under Division 3 of Part 3 of the Local Government Act 2020;
S. 3(1) def. of lodgeable infringement offence substituted by No. 29/2016 s. 59(1), repealed by No. 47/2014 s. 204(a).
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motor vehicle has the same meaning as it has in the Road Safety Act 1986;
S. 3(1) def. of nomination statement inserted by No. 14/2026 s. 34.
nomination statement means—
an illegal user statement, a known user statement, a sold vehicle statement, an unknown user statement, a tolling nomination statement or a nomination rejection statement within the meaning of Part 6AA of the Road Safety Act 1986; or
an illegal user statement, a known user statement, a sold vessel statement, an unknown user statement or a nomination rejection statement within the meaning of Part 4.7 of the Marine Safety Act 2010;
S. 3(1) def. of non-fine related sentence inserted by No. 29/2016 s. 84(2), repealed by No. 29/2016 s. 90(3), new def. of non-fine related sentence inserted by No. 11/2021 s. 192.
non-fine related sentence has the same meaning as in the Fines Reform Act 2014;
S. 3(1) def. of non-lodgeable infringement offence inserted by No. 29/2016 s. 59(2), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of non-registrable infringement offence inserted by No. 29/2016 s. 90(1).
non-registrable infringement offence has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of notice of final demand inserted by No. 29/2016 s. 90(1).
notice of final demand has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of nurse inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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official warning means a warning in respect of an infringement offence served in accordance with Part 2;
S. 3(1) def. of online platform inserted by No. 14/2026 s. 54.
online platform means the website approved by the Director under section 179A of the Fines Reform Act 2014;
S. 3(1) def. of outstanding fines repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of payment arrangement inserted by No. 29/2016 s. 90(1).
payment arrangement has the same meaning as it has in the Fines Reform Act 2014;
S. 3(1) def. of payment order repealed by No. 47/2014 s. 204(a).
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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)).
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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).
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S. 3(1) def. of prescribed warrant fee inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of public place repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of registered operator repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of registered psychologist inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of relevant infringement fine inserted by No. 11/2021 s. 192.
relevant infringement fine has the same meaning as in section 163 of the Fines Reform Act 2014;
S. 3(1) def. of Secretary repealed by No. 47/2014 s. 204(a).
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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), substituted by No. 53/2021 s. 55(1).
special circumstances has the meaning given by section 3A;
S. 3(1) def. of time served order inserted by No. 29/2016 s. 84(2), repealed by No. 29/2016 s. 90(3).
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S. 3(1) def. of time to pay order inserted by No. 29/2016 s. 84(1), repealed by No. 29/2016 s. 90(3).
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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), repealed by No. 47/2014 s. 204(a).
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S. 3(1) def. of work and development permit inserted by No. 29/2016 s. 61(1), substituted by No. 29/2016 s. 90(2).
work and development permit has the same meaning as it has in the Fines Reform Act 2014.
S. 3(1) def. of work and development permit guidelines inserted by No. 29/2016 s. 61(1), repealed by No. 29/2016 s. 90(3).
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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), repealed by No. 53/2021 s. 55(2).
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S. 3A inserted by No. 53/2021 s. 56.
In this Act, special circumstances, in relation to a person, means—
a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness contributes to the person having a significantly reduced capacity to—
understand that conduct constitutes an offence; or
control conduct that constitutes an offence; or
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 contributes to the person having a significantly reduced capacity to—
understand that conduct constitutes an offence; or
control conduct that constitutes an offence; or
homelessness determined in accordance with the prescribed criteria (if any) where the homelessness contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or
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 contributes to the person having a significantly reduced capacity to control conduct that constitutes an offence; or
circumstances experienced by the person that—
are long-term in nature; and
make it impracticable for the person to pay the infringement penalty and any applicable fees or otherwise deal with the infringement notice under this Act or the Fines Reform Act 2014; and
do not solely or predominantly relate to the person's financial circumstances.
Nothing in subsection (1) 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 Nos 68/2009 s. 97(Sch. item 70.1), 47/2014 s. 206(1).
S. 4(1) amended by Nos 68/2009 s. 97(Sch. item 70.2), 47/2014 s. 206(2).
This Act is to be read and construed as one with the Magistrates' Court Act 1989, Fines Reform Act 2014 and the Criminal Procedure Act 2009.
Expressions used in this Act and in the Magistrates' Court Act 1989 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Magistrates' Court Act 1989.
S. 4(3) inserted by No. 68/2009 s. 97(Sch. item 70.3).
Expressions used in this Act and in the Criminal Procedure Act 2009 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Criminal Procedure Act 2009.
S. 4(4) inserted by No. 47/2014 s. 206(3).
Expressions used in this Act and in the Fines Reform Act 2014 that are not defined in section 3 or elsewhere in this Act have the same meanings as in the Fines Reform Act 2014.
The Attorney-General, after consultation with any other Minister whose area of responsibility may be affected by the guidelines, may make guidelines for or with respect to—
S. 5(1)(a) amended by No. 32/2006 s. 5(a).
the offences suitable for being subject to infringement notices under this Act or any other Act or other instrument;
the level of penalty suitable for being subject to infringement notices;
S. 5(1)(ba) inserted by No. 17/2022 s. 66.
the information to be contained in an annual report prepared under section 6A;
the administration of this Act including—
a model code of conduct to apply to issuing officers and enforcement agencies unless an enforcement agency has adopted its own code of conduct;
the criteria to be considered in determining whether a person is entitled to a payment plan and the management of a payment plan, including eligibility criteria;
S. 5(1)(c)(iii) repealed by No. 29/2016 s. 62.
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S. 5(1)(c)(iv) amended by No. 32/2006 s. 5(b).
the use of any records kept by enforcement agencies of any infringement notices or official warnings issued or served;
the provision of information, including statistical data, relating to infringement offences to the Attorney-General;
any other matter relating to the administration of this Act.
The Attorney-General—
must cause the guidelines to be published in the Government Gazette; and
may publish the guidelines on the Internet.
The guidelines take effect on the date of publication in the Government Gazette or such later date as is specified in the guidelines.
For the purposes of ensuring the effective administration of this Act, an enforcement agency must provide to the Attorney-General the prescribed information, including statistical data—
at the prescribed intervals; or
at such other periods as the Attorney-General by written notice to the agency may require.
S. 6A inserted by No. 17/2022 s. 67.
The Attorney-General must prepare an annual report in respect of each financial year.
The Attorney-General must publish an annual report on a website maintained by the Department of Justice and Community Safety.
The annual report must—
contain any information specified in guidelines made by the Attorney-General under section 5 as information to be contained in the annual report; and
contain information relating to the exercise of the Director's internal review oversight function under Part 3A.
S. 7(1) amended by Nos 32/2006 s. 6(1), 47/2014 s. 207(1).
This Act applies to infringement offences, including a local law which is a parking infringement within the meaning of the Road Safety Act 1986.
S. 7(2) repealed by No. 47/2014 s. 207(2).
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S. 7(3) substituted by No. 32/2006 s. 6(2), amended by No. 48/2006 s. 42(Sch. item 18.2), substituted by No. 47/2014 s. 207(3), amended by No. 32/2024 s. 1066.
Subject to anything to the contrary in the Youth Justice Act 2024 or this Act, this Act applies to infringement notices issued to or served on a child for an infringement offence.
S. 7(4) substituted by No. 32/2006 s. 6(3), repealed by No. 29/2016 s. 60.
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S. 7(5) repealed by No. 32/2006 s. 6(4).
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An issuing officer may serve a person with an official warning rather than serve an infringement notice if—
the issuing officer believes on reasonable grounds that a person has committed an infringement offence; and
the issuing officer is of the opinion that in all the circumstances it is appropriate to serve an official warning.
An official warning must be in writing and contain the prescribed details.
S. 8(3) amended by No. 37/2014 s. 10(Sch. item 87.2).
In making a decision under subsection (1), an issuing officer, other than a police officer, must—
observe any policy of the relevant enforcement agency in relation to the application of official warnings in respect of any infringement offence; and
have regard to enforcement agency guidelines made by the relevant enforcement agency in relation to the application of official warnings in respect of any infringement offence.
Nothing in this section limits an issuing officer's power to exercise his or her discretion as to whether to serve an infringement notice.
S. 9 amended by No. 59/2017 s. 111.
An enforcement agency, unless the enforcement agency is a prescribed agency, may make and publish enforcement agency guidelines and policies in respect of the use of official warnings for infringement offences.
An official warning does not affect the power of an issuing officer or enforcement agency—
to commence proceedings against a person to whom an official warning was given; or
to serve an infringement notice; or
to take no further action; or
S. 10(d) amended by No. 32/2006 s. 7.
to take any other specified action permitted under this Act or the Act or other instrument which establishes the infringement offence.