Victorian Numbered Acts Victorian Numbered Acts(1) In section 67(1) of the Road Safety Act 1986 , for "infringements registrar (within the meaning of the Infringements Act 2006 )" substitute "registrar (within the meaning of the Fines Reform Act 2014 )".
(2) In section 67(3) of the Road Safety Act 1986 , for "infringements registrar within the meaning of the Infringements Act 2006 " substitute "registrar within the meaning of the Fines Reform Act 2014 ".
(3) In section 67(5) of the Road Safety Act 1986 —
(a) for paragraph (a) substitute —
"(a) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(ab) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under the Infringements Act 2006 or the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and";
(b) for paragraph (e) substitute —
"(e) any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014 , any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and";
(c) for paragraph (g) substitute —
"(g) any of the procedures set out in Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and
(ga) any of the procedures set out in the Infringements Act 2006 or the Fines Reform Act 2014 that are being used for the enforcement of the infringement penalty or infringement fine must be discontinued and any notice of final demand served or enforcement warrant issued ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and".
(4) In section 67(6) of the Road Safety Act 1986
—
s. 300
(a) in paragraph (c), after " Infringements Act 2006 " insert "or the Fines Reform Act 2014 ";
(b) in paragraph (d) omit "or the Secretary (as the case may be)";
(c) after paragraph (d) insert —
"(da) makes a payment arrangement under the Fines Reform Act 2014 and the Director receives the first payment under that payment arrangement from the person; or";
(d) in paragraph (e), for "of that Act or section 25(2)" substitute "or (2) or (2A)".
(5) In section 67(7) of the Road Safety Act 1986 ,
for "the infringement penalty has been lodged with an infringements registrar
under Part 4 of the Infringements Act 2006 " substitute
"the outstanding
amount of an infringement fine has been registered with the Director under the
Fines Reform Act 2014 ".
(6) After section 67(9) of the Road Safety Act 1986 insert —
"(10) Despite anything to the contrary in this section or the Fines Reform Act 2014 , the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—
(a) applied for enforcement review under section 32 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment arrangement under that Act, until—
(i) the person is notified that the person's application for a payment arrangement has been refused; or
(ii) in the case of a proposed payment arrangement, the payment arrangement does not commence in accordance with section 47 of that Act; or
(iii) in the case of a payment arrangement that has commenced—
(A) the payment arrangement is cancelled under section 49(2) of that Act; or
(B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of that Act; or
(C) the person receives written notice under section 56(2) of that Act advising the person that the person is in default.".