The Law Handbook 2024

108 SECTION 3: Fines, infringements and criminal law In the case of an excessive speeding offence, you must make a nomination within 28 days of the infringement notice being issued. In the case of all other operator onus offences, a nomination must occur before the infringement is registered with Fines Victoria or the Children’s Court and a notice of final demand is issued (which is typically 49 days from the date of the infringement notice). If the enforcement agency accepts your statement, it has 12 months to commence court action against the other driver instead of pursuing you. The enforcement agency may refuse to accept your nomination; for example, if the person you nominate as the driver provides a statement that they were not the driver and the agency accepts their statement or if you provide insufficient detail. The agency has 12 months to commence court action against you from the date your nomination of another driver is refused. If you were unaware of the fine and therefore did not nominate the driver in the required time frame, you may be able to apply to the Magistrates’ Court for an infringement extension. If successful, this will give you a further 28 days to deal with your infringement by nominating the responsible person (for more information, see www.mcv.vic.gov.au/ criminal-matters/driving-and-traffic-offences/ applying-infringement-extension) . It is not possible to apply for an infringement extension for on-the- spot infringements. Option 5: Negotiate a payment plan You may be able to enter into a payment plan either before or after a notice of final demand has been issued, or after a Magistrates’ Court hearing. Arrange a payment plan with the enforcement agency If you do not have enough money to pay the fine within the time limit and a notice of final demand has not been issued by Fines Victoria, try negotiating with the enforcement agency to enter into a payment plan. This will give you more time to pay the fine, or will allow you to pay by instalments (e.g. $20 per fortnight). People under the age of 18 can also apply for a payment plan at this stage. You can also seek to negotiate a payment plan directly with Fines Victoria. Under the Infringements Act, if you have a Services Australia Health Care Card, a Services Australia Pensioner Concession Card, a Department of Veterans’ Affairs Concession Card or a Gold Card, you are automatically entitled to a payment plan (although the enforcement agency still has to agree to the terms of the plan). If you do not have one of these cards, you may still apply for a payment plan and the agency will consider your circumstances (e.g. financial hardship or illness) in deciding whether to agree to such a plan. Once you apply for a payment plan, any enforcement action is suspended until the application is determined or the payment plan is cancelled. To apply for a payment plan, write to the enforcement agency as soon as possible after you receive the infringement notice. In the letter, explain your financial circumstances, state how often you would be able to pay, and how much at a time. A financial counsellor can help you work out a payment schedule that you can afford. You may also apply for an instalment plan via telephone. If the enforcement agency does not give you extra time to pay the fine, you need to decide whether you will pay or contest the fine. You can also apply to Fines Victoria for a payment arrangement instead of the enforcement agency (see ‘Apply to Fines Victoria for a payment arrangement’, below). If the enforcement agency accepts your application but you do not make the agreed payments and it has been 14 days since a payment was due, the enforcement agency will send you a written notice stating that you have 14 days to make a payment. If you do not make a payment or cancel the payment plan, the infringement resumes at the stage it reached in the infringements process when the plan was first entered into. However, phone the agency to try to negotiate an alternative arrangement, such as making up the payment in the next instalment. If the agency agrees to a payment plan and later withdraws your infringement notice, then the infringement penalty and any associated costs must be removed from your payment plan, or the money refunded if this is your only infringement. Apply to Fines Victoria for a payment arrangement You can also apply to Fines Victoria for a payment arrangement, provided that property has not been