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The Infringements System

How the Infringement Act works

Infringement notices, more commonly known as ‘fines’ or ‘on the spot’ fines, are penalties for minor offences like littering and traffic or parking offences. They save the costs of going to court. Minor offences are covered by more than 60 Victorian acts, and are administered by a wide variety of state and local government agencies, including universities and hospitals.

The Infringements Act 2006 sets up a standard framework for issuing and enforcing infringement notices. The exceptions to this framework are serious offences involving drink driving/drug driving or excessive speeding, and other similar offences which are dealt with under road, rail and marine safety acts.

Special circumstances

For people with intellectual disabilities, disorders or mental health conditions, serious addictions or the homeless, the Act takes these special circumstances into account. This is so vulnerable people are not inappropriately caught up in the system.

Sanctions

The Act also has a wide range of sanctions to help motivate payment by the minority of people who default on fines. The sanctions range from wheel clamping, to driver licence and registration withdrawal, to payments taken from wages and sale of property.

Official warnings

If an agency believes a person has committed an offence but in considering all the circumstances, decides an infringement notice is not appropriate, they can issue an official warning in writing (with particular details outlined in the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006)).

Rights - Review of Fines and Payment Plans

If you commit a minor offence in Victoria, under the Infringements Act 2006 you:

• have a guaranteed right to apply to the agency who issued the notice concerned (where you believe it was issued wrongly, or your identity was mistaken, or you have exceptional or special circumstances)
• can apply up-front to the agency that issued your fine, to pay by instalments, or ask for an extension of time to pay, if you are on a:
  • Commonwealth Government (Centrelink) Pensioner Concession Card;
  • Department of Veterans' Affairs Pensioner Concession Card or Gold Card;
  • Centrelink Health Care Card (all types including non-means tested); or
• can also apply for a payment plan if you suffer from financial hardship, which agencies will consider at their discretion.

More information

To find out more about fines, payment, appeals and court processes, go to the Infringements (minor offences) Process page. For more on the legislation, go to the Infringement Legislation, Regulations and Guidelines pages.

For more background on the new infringements system, how it handles disadvantaged people, up-front payment plans, and sanctions for fine defaulters, see the Victorian Government website, Fines: Fairer and Firmer.