The Law Handbook 2024

Chapter 3.1: Fines and infringements 115 income. Regulation 18 of the FR Regulations states that the protected level of income is ‘the weekly rate for a year commencing on 1 January that is 75 per cent of the maximum fortnightly basic rate of the JobSeeker Payment, payable on 1 January in that year to a person who: • is partnered; and • has turned 21 years of age; and • is without dependant children.’ As at 1 July 2023, the partnered JobSeeker Payment is $686.00 per fortnight or $343.00 per week. Seventy- five per cent of this income is $514.50 per fortnight or $257.25 per week. Section 68 of the FR Act enables a fine defaulter to apply within 14 days for a variation or cancellation of an attachment of earnings direction where the direction would cause them to experience financial hardship or would result in the fine defaulter’s earnings to fall below the protected level. It is anticipated that Fines Victoria may pursue attachment of earnings and debt directions, including against Centrelink recipients. The protections in the Judgment Debt Recovery Act 1984 (Vic) for people considered ‘judgment proof ’ do not apply to infringements. Charges over and sale of real property Charges over real property (i.e. land) are a last resort. However, if you owe a total of $2000 or more in infringements or court fines in your name – and if other enforcement action has been unsuccessful, or unsatisfactory, or is not possible or is not appropriate – the Director of Fines Victoria may apply to the Registrar of Titles for a land charge to be recorded against land that you own or co-own. If the charge remains on the land for more than 28 days, Fines Victoria may serve a notice of intention to sell the land. If, within 14 days of the notice being served, no payment has been made and the amount owed under the warrant is still outstanding, the Director of Fines Victoria may apply to the Supreme Court for an order permitting the sale of the land. Sale of land can occur even if the property is jointly owned. If a charge is recorded against real property you own or jointly own, it is essential that you seek legal advice urgently (see Chapter 2.4: Legal services that can help). Also consider seeking financial counselling (see Chapter 5.4: Financial counselling services). In addition to the administrative sanctions listed above, once an enforcement warrant is issued, you are also vulnerable to further enforcement action (see pts 10, 11, 12 FR Act). Detention, immobilisation and sale of vehicles Part 11 of the FR Act gives the sheriff or a police officer the power to detain and immobilise a vehicle (e.g. by wheel-clamping the vehicle or towing it away) when an enforcement warrant has been issued against the registered owner. This actionmay be taken as long as an enforcement warrant has been issued, whether or not a seven-day notice has been served. If your vehicle is detained or immobilised, you have seven days to do one of the following to ensure that your vehicle is released: • pay the outstanding fine plus any costs incurred by the detention, immobilisation or impoundment of the vehicle; or • enter into a payment arrangement; or • enter into an attachment of earnings order or an attachment of debts direction (see ‘Attachment of earnings or debts direction’, above). Your vehicle must also be released if: • an application for an enforcement review is granted by Fines Victoria – however, you cannot lodge an enforcement review application after your car is seized under a vehicle seizure and sale notice (this is different to a detention or immobilisation notice, which does not prevent the making of an enforcement review application); • sufficient property is seized to satisfy the outstanding amount; • you are arrested; • all enforcement warrants are recalled and cancelled by Fines Victoria. If none of the above actions occur within seven days, the sheriff may seize the vehicle and anything left in or on the vehicle and give you 14 days’ notice of an intention to sell the vehicle (or anything in or on the vehicle). Any money left from the sale of the vehicle – after the outstanding fines are paid and the costs of detaining and selling the vehicle are covered – is paid to the vehicle’s registered owner.