Youth Justice Act 2024

Subject to section 722 and any order of the Children's Court, an enforcement agency must give the following to a registrar of the Children's Court for the registration of an infringement penalty—

a document in the prescribed form containing the prescribed details in relation to a child—

who has not paid an infringement penalty; or

who has agreed to pay an infringement penalty by a payment plan or a payment arrangement but who has subsequently defaulted on payment of that plan or that payment arrangement; or

who has made a part payment of an infringement penalty otherwise than under a payment plan or a payment arrangement and has subsequently defaulted in making any further payment; or

who is not subject to a work and development permit; or

who was subject to a work and development permit but is no longer subject to the work and development permit and the work and development permit is only partially completed;

a certificate in the prescribed form signed by an appropriate enforcement officer certifying that the requirements set out in subsection (2) in relation to the child referred to in the document have been satisfied.

For the purposes of subsection (1)(b), the requirements are—

an infringement notice has been served on the child; and

a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; and

a period of at least 28 days has passed since the penalty reminder notice was served; and

the infringement penalty and any penalty reminder notice fee had not been paid, whether in full or in part, before the certificate under subsection (1)(b) was issued; and

if a payment plan or a payment arrangement applies to the child in relation to the infringement penalty—

the child has defaulted in the payment of the payment plan or payment arrangement; and

a specified amount still remains to be paid under that payment plan or payment arrangement; and

if a part payment of the infringement penalty and penalty reminder notice fee has been made (otherwise than under a payment plan or a payment arrangement) but no further payment has been made, a specified amount still remains to be paid; and

the child has not elected under Part 2 of the Infringements Act 2006 to have the matter of the infringement offence heard and determined in the Children's Court; and

a charge-sheet in relation to the offence has not been filed; and

a charge-sheet may still be filed in relation to the offence; and

if the infringement notice was served under section 87 of the Road Safety Act 1986, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the vehicle involved in the offence; and

if the infringement notice was issued for an offence to which section 66 of the Road Safety Act 1986 applies, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the motor vehicle or trailer involved in the offence; and

if the infringement notice was issued for an offence against section 73(1) of the Melbourne City Link Act 1995, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the vehicle involved in the offence; and

if the infringement notice was issued for an offence under section 204 of the EastLink Project Act 2004, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the vehicle involved in the offence; and

if the infringement notice was issued for an offence under section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the vehicle involved in the offence; and

if the infringement notice was issued for an offence against section 69(1) of the North East Link Act 2020, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the Road Safety Act 1986 in relation to the vehicle involved in the offence.