The Law Handbook 2024
Chapter 3.1: Fines and infringements 101 Stage Minimum time limit Options and results 1 Infringement notice (penalty set by legislation) (continued) As specified on notice (usually 21 days but may be longer) • Apply for a work and development permit (see ‘Option 9: Apply for a work and development permit’ in the main text): – application granted – no further action – application rejected – pay the penalty within the prescribed time or go to stage 2 • For infringements incurred in the context of family violence, apply to the Family Violence Scheme (see ‘Option 8: Apply to the Family Violence Scheme’ in the main text): – application successful – no further action – application unsuccessful – pay the penalty within the prescribed time or go to stage 2 • Do nothing – go to stage 2 2 Penalty reminder notice (penalty plus costs) 14 days • As at stage 1 Note: You cannot make a second request for the enforcement agency to review the fine if a request was already rejected at stage 1. 3 Registration with Fines Victoria – notice of final demand (penalty plus costs; further costs added) 28 days • Pay the penalty and all added costs: – payment completed on time – no further action – payment not completed – go to stage 4 • Ask Fines Victoria for an extension of time to pay, for a waiver of the fees and costs and/or to pay by instalments: – application granted and payment completed on time – no further action – application rejected or payment not completed – go to stage 4 • Apply to Fines Victoria for an enforcement review of the notice of final demand: – enforcement review granted and the enforcement agency does not commence proceedings – no further action – enforcement review granted but the enforcement agency elects to prosecute the matter – matter referred to the Magistrates’ Court (see ‘Going to court’ in the main text) – enforcement review not granted – in the case of review applications with special circumstances, a second enforcement review application can be made; in the case of all other enforcement review applications, only one application can be made – go to stage 4 Note: Decisions made by Fines Victoria cannot be appealed in the Magistrates’ Court; these decisions can only be reviewed in the Supreme Court in an application for judicial review.
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