Infringements

Infringements

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Summary of options for dealing with Notices of Final Demand

If no action is taken when someone has received infringement notices or penalty reminder notices, the infringement can be lodged with Fines Victoria pursuant to s 16 of the Fines Reform Act 2014 (Vic) (FRA). A lodgement fee of $130.20 (as at 1 July 2018) is added to the penalty.

The infringement can only be lodged if:

  • the infringement penalty is not less than the prescribed minimum infringement penalty amount;
  • a penalty reminder notice has been served;
  • the period under the penalty reminder notice for payment has passed;
  • full payment of the infringement has not been received; and
  • the enforcement agency has not issued a charge-sheet or referred the matter to open court.

The minimum period between an infringement notice being issued and lodged with the Fines Victoria is 49 days (21 days to pay an infringement notice + 7 days for service, 14 days to pay a Penalty Reminder Notice + 7 days for service). In practice, it usually takes 2 - 3 months for an infringement to be lodged with Fines Victoria and it can be longer. It cannot be lodged more than 6 months after the date of issue of the infringement, a default in the payment arrangement or a default on a Work and Development Permit (s 17 FRA).

Once a fine is registered with Fines Victoria, they must then issue a Notice of Final Demand before taking any action to enforce the fine.

The options for dealing with infringement fines that have been registered with the Fines Victoria, resulting in the issue of a Notice of Final Demand, are as follows:

1. Apply for enforcement review (including on the basis of special circumstances or exceptional circumstances);
2. Apply to the Family Violence Scheme;
3. Apply for a waiver or reduction of fees;
4. Apply for a payment arrangement or an extension;
5. Apply to the Work and Development Permit scheme;
6. Pay in full.