The Law Handbook 2024

Chapter 3.1: Fines and infringements 97 The decision to issue an official warning does not affect the enforcement agency’s power to commence proceedings, issue an infringement, or cancel the official warning. Some enforcement agencies (e.g. Victoria Police) have published the criteria they use when deciding whether to exercise their discretion to issue official warnings (see s 9 Infringements Act). The Attorney-General’s ‘Guidelines to the Infringements Act 2006’ also contain guidance on this (see www.justice.vic.gov.au/justice-system/ fines-and-penalties/attorney-generals-guidelines-to- the-infringements-act-2006) . Infringement notices An infringement notice should contain details about the offence and how to pay the penalty, including: • a statement that the document is in fact an infringement notice, and the date of the infringement notice; • the name and address of the person (if known) who is presumed to have committed the offence (e.g. this may be ‘the owner’ for parking offences); • the name of the enforcement agency that issued the infringement notice and (except for traffic camera offences) the name of the issuing officer; • the approximate date, time and place that the offence is said to have occurred; • the Act or other legislative instrument that created the offence and a brief description of the offence (i.e. which law was broken); • the vehicle registration number (or other means of identification) if it is a motor vehicle offence (e.g. a traffic or parking offence); • the penalty that has to be paid, plus details of how to pay, and when the payment is due (which must be at least 21 days from the date the notice is sent); • a warning that if the fine is not paid within the stated time limit, further enforcement action may be taken against you and further costs may be added to the amount of the fine; • other options for dealing with the fine, including applying to review the decision to issue the fine, or enter into a payment arrangement (see ‘Your options if you get an infringement notice’, below). There are several ways you can receive an infringe­ ment notice, including: • in person; or • on your windscreen in a visible manner; or • by mail or delivery to your home, business or last- known address; or • in a manner authorised by an Act/instrument; or • in a manner of substituted service under section 163 of the Infringements Act; • through electronic service (i.e. by email). If an infringement notice is posted, it is deemed to be served seven days after the date on the notice, subject to evidence to the contrary. Service is deemed to be effected, even if the notice is returned to the sender. NOTE: PENALTY UNITS For the period 1 July 2023 to 30 June 2024, one penalty unit (pu) equals $192.31 under Victorian state law. What happens after an infringement notice is issued? Under the infringements system, the steps in the enforcement of infringement notices are as follows: 1 An infringement notice is issued a Payment of the penalty stated in the notice within 21 days (or any longer time stated in the notice) results in expiation of the offence (i.e. no further enforcement action or court proceedings will be taken); or b Non-payment of the penalty within the time stated in the notice results in the issue of a penalty reminder notice, which adds an additional fee to the original penalty (the additional fee is 1.74 penalty units). 2 A penalty reminder notice is issued a Payment of the penalty and costs stated in the penalty reminder notice within 14 days (or a longer time stated in the notice) results in expiation of the offence; or b Non-payment within the time stated in the notice results in the fine being registered with Fines Victoria; Fines Victoria then issues a notice of final demand and adds an additional fee (1.74 fee units) to the penalty. 3 A notice of final demand is issued a Payment of the penalty and costs stated in the notice of final demand within 21 days results in expiation of the offence; or b Non-payment within 21 days results in Fines Victoria applying to the Magistrates’ Court