The Law Handbook 2024

Chapter 3.1: Fines and infringements 111 preserve the enforcement agency’s ability to issue a second infringement in accordance with the Infringements Act, and in most cases the infringement would be reissued. Enforcement review applications Under the FR Act, any person who has received a notice of final demand may apply to Fines Victoria for an enforcement review. When determining an application for an enforcement review, Fines Victoria has the power to confirm the decision to serve the infringement notice, or, if satisfied that sufficient grounds exist, Fines Victoria can cancel the enforcement of the infringement and refer the matter back to the relevant enforcement agency. After Fines Victoria has cancelled an enforcement review application, the enforcement agency must notify you (within 90 days) of whether it will withdraw the infringement, or issue an official warning, or commence proceedings in court. If an enforcement agency decides to commence proceedings in court, it has six months to do this. You can check whether an enforcement agency has issued proceedings in court by contacting Fines Victoria or by searching for your name in the criminal list of the Electronic Filing Appearance System (EFAS) on the Magistrates’ Court’s website (www. mcv.vic.gov.au/efas-daily-court-list) . An application for an enforcement review can be made at any time until a seven-day notice expires, or a land charge is recorded, or an attachment of earnings or debt direction is made, or the person has become a declared director, or a vehicle is seized under a vehicle seizure and sale notice. Therefore, it is imperative to act quickly to submit an enforcement review application. Once an enforcement review application is lodged, enforcement action is put on hold until a decision is made. You can ask for a three-month extension of time to provide supporting material. An application for an enforcement review must be in writing and should set out the grounds on which the review is sought. The application does not need to be in the form of a statutory declaration. Application forms are normally sent with the notice of final demand but can also be accessed on Fines Victoria’s website or completed online at https://online.fines.vic.gov.au/request-a-review . An application for an enforcement review except on the basis of special circumstances can only be made once for any one infringement. An application for an enforcement review can be made a second time on the basis of special circumstances if the first application is rejected by Fines Victoria. An application for an enforcement review on the basis that you were unaware of the infringement must be made within 14 days of becoming aware of the infringement and cannot be made if you failed to update your address within 14 days of your address changing. An application for an enforcement review on the basis of the fine being contrary to law, or mistake of identity, or exceptional circumstances, or on the basis that you were unaware of the fine cannot be made after you have submitted that the fine was incurred due to special circumstances. Therefore, if you have multiple grounds on which to seek an enforcement review, it is recommended that you first apply on the grounds other than having special circumstances. Enforcement review applications where you have special circumstances If you have special circumstances, you can apply to have the decision to give you an infringement notice reviewed. The definition of ‘special circumstances’ is the same as for an application for an internal review (see ‘Special circumstances’ under ‘Option 3’, above). An application for an enforcement review on the grounds of special circumstances should include particular information and reports (see ‘Special circumstances applications’, above). If an application for an enforcement review is urgent, and there is insufficient time to obtain the reports, you can apply to Fines Victoria for a three-month stay of enforcement while you collect your supporting materials. Even where an extension of time is not expressly requested, Fines Victoria usually asks for more information if it is unable to assess your application and gives you 14 days to respond. You can also ask for an extension of time to provide the relevant information and Fines Victoria can grant you up to three months additional time to provide this information. NOTE If your first application for an enforcement review is unsuccessful, you are entitled to apply a second time if you have special circumstances.