Changes to the fines system
Primary content
A new administrative body called Fines Victoria was introduced as part of the Fines Reform Act 2014 that commenced on 31 December 2017. The table below outlines the major changes.
Changes
| TERM PRIOR TO 31/12/17 | NEW TERM | EXPLANATION |
| Infringements Court | Fines Victoria | The Infringements Court has been replaced by Fines Victoria. |
| Application for Revocation | Application for Enforcement Review | A person is only able to make one application for enforcement review on general grounds and two applications on the ground of special circumstances. There is also no longer an objection process. |
| Enforcement Order | Notice of Final Demand | An 'enforcement order' no longer exists - instead a fine is registered with the Director, Fines Victoria for enforcement. Enforcement action may only commence after a person fails to respond to a Notice of Final Demand. |
| Fine issued by a court | Court fine | Alongside infringement fines the Director will have responsibility for managing payment and enforcement of court fines referred immediately after imposition by a court. |
| Infringement penalty | Infringement fine | 'Infringement fine' means an infringement penalty and any prescribed costs. |
| Infringements registrar's powers | Powers of the Director, Fines Victoria | The Director, Fines Victoria delegates their powers to enable staff to undertake Fines Victoria functions. |
| Infringements registrar's power to issue an infringement warrant | Power to issue an enforcement warrant | Enforcement warrants (previously infringement warrants) are issued by a registrar of the Magistrates' Court on application by the Director, Fines Victoria. Note the term 'Infringements Court' no longer exists under legislation and is no longer a venue of the Magistrates' Court. |
| Lodgement of an infringement penalty with the Infringements Court | Registration of a fine with Fines Victoria | Enforcement agencies are able to register a fine with Fines Victoria for enforcement. |
| Payment order/payment plan | Payment arrangement | The Director, Fines Victoria has the power to manage infringement fines, registered fines and some court fines under one single payment arrangement. |
| Revocation | Enforcement cancellation | If the Director, Fines Victoria grants an enforcement review application, any enforcement on that matter is cancelled and the matter is referred back to the enforcement agency. |
| Sanction | Administrative sanction | Some of the powers currently exercised by the Sheriff under a warrant have been transferred to the Director, Fines Victoria. The Director will also be able to take enforcement action by applying driver and vehicle sanctions, attachment of earning and debts directions amongst others. |
| Attachment of earnings order | Attachment of earnings direction | A direction by the Director, Fines Victoria requiring the fine defaulter's employer to deduct instalments from the fine defaulter's wages and forward those monies to Fines Victoria. |
| Attachment of debts order | Attachment of debts direction | A direction by the Director, Fines Victoria to a third party to pay the outstanding infringement debt to Fines Victoria. |
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