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Transitionals

Information about what happens to fines or enforcement sanctions that began before commencement of the Fines Reform Act 2014 on 31 December 2017.

This page explains what happens to fines that were already at various stages of enforcement before the Fines Reform Act 2014 commenced on 31 December 2017. There is information about the following issues:

Registering a fine with the director

An infringement that was a 'lodgeable infringement' under the Infringements Act 2006 is deemed, upon the repeal of Part 4 of that Act to be an infringement offence, where the fine may be registered with the director under s. 16

If an infringement was lodged with the Infringements Registrar before 31 December 2017 the fine is enforceable under the Fines Reform Act 2014.

The director has 28 days (from 31 December) to serve a notice of final demand on the person with outstanding fines.

See ss. 187, 188—Fines Reform Act 2014 (Vic).

If enforcement order has already been made

If an enforcement order notice has already been served on a person before 1 January 2018 then a notice of final demand is deemed to have been served on he person. The fine is enforced according to the provisions of the Fines Reform Act 2016.

See s. 189—Fines Reform Act 2014 (Vic) and Enforcement.

If person has applied for revocation

If a person made an application for revocation and this application has not been considered by the Infringements Registrar, this application is deemed to be an application for enforcement review and the director will deal with the application under the enforcement review provisions of the Fines Reform Act 2014.

If an application for revocation has already been referred to the Infringements Court but had not yet been heard or decided, then even though Part 4 of the Infringements Act 2006 was repealed on 31 December 2017, the matter must be heard and determined by the court despite the repeal of Part 4.

If the court decides not to grant revocation then the infringement penalty and prescribed costs for the enforcement order are treated as though the fine had been registered under the Fines Reform Act 2014. The director may go ahead and issue a notice of final demand for the unpaid fine.

See s. 190—Fines Reform Act 2014 (Vic) and Enforcement review.

Infringement warrants issued but not executed

If an infringement warrant had been issued against a person but the execution of the warrant had not commenced under Part 6 of the Infringements Act before this part was repealed on 31 December 2017, the infringement warrant is deemed to be an enforcement warrant that was issued under the Fines Reform Act 2014. This warrant can be executed according to the provisions under the Fines Reform Act 2014.

The amounts outstanding under the unexecuted infringements warrant remain recoverable.

Unexecuted infringement warrants and FVS

A person who has an infringement warrant that was issued but not executed before the repeal of Part 6 of the Infringements Act on 31 December 2017 may apply under the family violence scheme (FVS). The application will be treated as though the person had an enforcement warrant.

The FVS scheme is deemed to have been in force at the time that the infringement warrant was issued.

See ss. 192, 192A—Fines Reform Act 2014 (Vic) and Enforcement.

Referral to court if revocation refused

If a person applied for revocation under the (now repealed) Part 4 of the Infringements Act 2006 and the Infringements Registrar was not satisfied that there were sufficient grounds to revoke the fine, it is now too late to refer the matter to court if the person had not lodged an application before 31 December 2017.

Even if an application was made but did not get referred to court by the Infringements Registrar before 31 December 2016, there is no longer any right to have the matter heard by a court under the now repealed s. 68(1).

See s. 190A—Fines Reform Act 2014 (Vic).

Payment orders become payment arrangements

A person who has a payment order made under the now repealed Part 5 of the Infringements Act 2006 is deemed to have entered into a payment arrangement with the director.

The payment arrangement will have the same terms and conditions that the payment order had.

If the person defaults on their payment arrangement, enforcement action will proceed under ss. 56 and 57 of the Fines Reform Act 2014.

See s. 191—Fines Reform Act 2014 (Vic).

Vehicle detained, seized or immobilised

A vehicle detained, seized or immobilised under (the now repealed) Part 7 of the Infringements Act 2006 is deemed to have been dealt with under Part 11 of the Fines Reform Act 2016.

See s. 193—Fines Reform Act 2014 (Vic).

Vehicle already sold

The proceeds of any vehicle sold under (the now repealed) s. 101 of the Infringements Act 2006 before the repeal of Part 7 of that Act must be dealt with according to s. 104 of that Act, even though that section has been repealed.

See s.194—Fines Reform Act 2014 (Vic).

Suspension of driver licence or vehicle registration

Any directions by the sheriff under the now repealed Part 8 of the Infringements Act 2006 is deemed to have been a direction made by the Sheriff under Part 8 of the Fines Reform Act 2014.

See s. 197—Fines Reform Act 2014 (Vic).

Attachments of debt or earnings orders

Any attachment of earnings (or attachment of debts) orders made by the Infringements Registrar before 31 December is deemed to have been a direction made by the director. All of the rights and duties that apply to attachment directions made by the director apply to these old orders.

Any applications for an attachment of earnings that were not decided before 31 December will be forwarded to the director as though they were an application for direction.

See ss. 195, 196—Fines Reform Act 2014 (Vic).

Community work permits

Any community work permit issued under the now repealed s. 148 of the Infringements Act 2006 are deemed to have been made under Part 13 of the Fines Reform Act 2017.

These old community work permits will be subject to any conditions that apply under the new Act.

See s. 198—Fines Reform Act 2014 (Vic).

Imprisonment

A person arrested under an Infringement Warrant under the now repealed Part 12 of the Infringements Act 2006 who failed to appear in the Magistrates' Court is deemed to be an infringement offender and will be dealt with under Part 14 of the Fines Reform Act 2014.

See s. 199—Fines Reform Act 2014 (Vic).

Treatment of court fines

A court fine imposed by the Magistrates' Court or the County Court that has not been paid (and was not defaulted on before 31 December 2017) will be referred to the director for collection and management.

A court fine that was defaulted on before 31 December 2017 will be registered with the director for enforcement unless:

  • the court orders otherwise
  • action was taken in relation to the default before 31 December 2017, or
  • the fine is of a prescribed type or class.

Responsibility for all court fines that were not paid in full before 31 December 2017 have been transferred to the director. The court is no longer accepting payments and Bpay biller codes are no longer valid.

The director sent out 'Court fine collection statements' to everyone with outstanding court fines in January. Each fine will be transferred separately so people who have multiple fines will get a separate statement for each fine.

Anyone who has not received a 'Court fine collection statement' from the director should contact Fines Victoria.

See:

More information

Legislation

Interpretation of Legislation Act 1984 (Vic)

  • s. 14—provision as to the effect or repeal of an Act

See Interpretation of Legislation Act 1984 (Vic).

Fines Reform Act 2014 (Vic)

  • s. 14—court fine collection statement
  • s. 15—registration of court fine for enforcement
  • s. 16—registration of infringement fine with the director
  • s. 56—other enforcement action will proceed if a person defaults on their payment arrangement
  • s. 57—enforcement action on default, cancellation or removal if payment arrangement is not complete
  • s. 187—lodgeable infringement penalties
  • s. 188—infringement penalties lodged under Infringements Act 2006
  • s. 189—enforcement orders made under the Infringements Act 2006
  • s. 190—enforcement orders with revocation proceedings in progress
  • s. 190A—enforcement orders after revocation proceedings
  • s. 192—unexecuted infringement warrants issued under Infringements Act 2006
  • s. 192A—unexecuted infringement warrants and the family violence scheme
  • s. 193—saving provisions for detained, immobilised or seized vehicles under the Infringements Act 2006
  • s. 194—transitional provision for proceeds of vehicles seized and
  • s. 195—attachment of earnings order
  • s. 196—attachment of debts order
  • s. 197—suspension of driver licences and vehicle registration
  • s. 198—community work permits
  • s. 199—imprisonment
  • Part 14—Registered infringement fines, registered collection and enforcement orders, imprisonment and time served orders

See Fines Reform Act 2014 (Vic).

Infringements Act 2006 (Vic)

  • Part 4—Lodging infringement penalties with Infringements Registrar and enforcement orders (repealed on 31 December 2017)
    • s. 66—powers to revoke enforcement orders (repealed)
    • s. 68—referral to court of application for revocation (repealed)
  • Part 4 Div 4—Going to court (to be used for revocation applications not decided before 31 December, despite division having been repealed on 31 December 2017) and
  • Part 5—Payment orders (repealed on 31 December 2017)
  • Part 6—Infringement warrants (repealed on 31 December 2017)
  • Part 7—Detention, immobilisation and sale of motor vehicle (repealed on 31 December 2017)
    • s. 101—seizure and sale (repealed on 31 December 2017)
    • s. 104—application of proceeds of sale (repealed on 31 December 2017)
  • Part 8—Suspension of driver licences and vehicle registration (repealed on 31 December 2017)
  • Part 12—Infringement offenders, community work permits and imprisonment (repealed on 31 December 2017)
    • s. 148—community work permits (repealed on 31 December 2017)

See Infringements Act 2006 (Vic).

Updated