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Fines, infringements and objections

Infringement notices are issued for offences under various Acts. This information will help you understand the processes that must be followed when paying and objecting to fines.

For fines issued under the Planning and Environment Act, the landowner is deemed to be responsible for breaches occurring on their land and may receive an Infringement Notice.  While you can lodge an Application for Internal Review, you will normally still be required to carry out the further actions detailed.

Payment by the due date

You will need the Infringement Notice number. Please allow 2 full business days from the date of issue if paying online or by telephone.

You can pay Council issued fines:

Payment arrangements

A person or body corporate may be eligible for a payment arrangement under Section 46 of the Infringements Act 2006.

You may be entitled to a payment plan or payment arrangement if you have one of the following:

  • a Commonwealth Government (Centrelink) Pensioner Concession Card
  • a Department of Veterans’ Affairs Pensioner Concession Card or Gold Card
  • a Centrelink Health Care Card (all types including non-means tested)
  • a Work and Development Permit (WDP).

A body corporate may be entitled to a payment arrangement on completion of the application form.

Complete the Payment Arrangement Application form and return it to Council before the due date for payment of the infringement. 

If you want to object to your infringement, you can:

  • write to Council for an internal review
  • nominate who was the driver on the day, if a parking infringement
  • apply to have the matter dealt with by the Magistrates' Court.

Requesting an Internal Review of an Infringement

What you need to provide

The Infringements Act 2006 allows you to make only one application for internal review.

This means that you need to provide all the relevant information and any supporting documentation to us when requesting a review.

Apply for an Internal Review

To lodge an Application for Internal Review, complete and return the Application for Internal Review form.

To avoid additional fees, the form must be received by Council before the due date for payment of the infringement.

Things we will consider:

In line with the Infringements Act 2006, you can request a review of your infringement notice in the following circumstances:

Note: All require supporting and current documentation. 

  • The infringement notice was issued contrary to law:  you believe that the infringement notice is not valid, or an infringement officer has acted unlawfully, unfairly, improperly or beyond their authority in taking that action or decision.
  • There was a mistake of identity: you believe you are not the person who committed the offence
  • Special circumstances apply:
    • a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable to understand that conduct constitutes and offence, or to control conduct that constitutes an offence
    • a serious addition to drugs: Alcohol or a volatile substance which results in the person being unable to understand that conduct constitutes and offence, or to control conduct that constitutes an offence
    • homelessness: determined in accordance with prescribed criteria (if any) where the homelessness results in the person being unable to control conduct which constitutes an offence
    • family violence within the meaning of section 5 of the Family Violence Protection Act 2008: where the person is a victim of family violence and family violence results in the person being unable to control conduct that constitutes an offence.
  • Exceptional circumstances: verifiable and unforeseen circumstances outside of your control which could excuse the conduct for which the infringement notice was issued.
  • Person unaware: that you were unaware that the infringement notice had been issued and it was not personally served.

Things we will not consider for parking, Local Laws and animal infringements:

The following are not considered valid reasons for the withdrawal of an Infringement Notice:

  • Being new to, or unfamiliar with, Maroondah City Council or a particular Road Rule
  • Appointments or meeting running overtime
  • A school area being so busy you could not park legally
  • A parking permit displayed incorrectly (eg: face down or blown off dashboard)
  • Expired permits (including Disabled Persons Parking Permits)
  • Not noticing a sign or misreading a parking sign
  • Being unaware of which vehicle can use a Loading Zone or Permit Zone
  • Running out of petrol, or experiencing a vehicle issue that did not require towing or repair
  • Forgetting to register or not renewing the registration of a dog or cat
  • Being unaware that dog and cat registration is required
  • Believing that because an animal was registered with a microchipping company you believed it was registered with Council.

Are you the registered owner of the vehicle?

Parking infringement notices are issued to the owner of the vehicle.

If you are not the registered owner of the vehicle, you must supply one of the following documents with your request for review:

  • A Nomination Statement completed by the owner of the vehicle, nominating you as the driver on the day.
  • A letter from the owner authorising you to act on their behalf.

Application for Action by Court

If you wish to have your matter dealt with in the Magistrates' Court, you need to notify Council in writing and send to:

Maroondah City Council
PO Box 156
Ringwood  VIC  3134

You can use the form: Nomination Statement or Application for Action by Court - complete the top section and Part B.

Please note that additional costs may be incurred if the matter is referred to court.

If you do not submit an Application for Internal Review or pay the infringement before the due date, the following will happen:

  1. Penalty Reminder Notice You will be sent a Penalty Reminder Notice.  Additional costs may be incurred at this time.
  2. Fines Victoria, Magistrates’ Court or Children’s Court If you take no action after the Penalty Reminder Notice has been issued, Council may lodge the matter with Fines Victoria or the relevant Court.  Additional costs may be incurred at this time.

The Infringements Act 2006 states:

An infringement notice for an infringement offence may be served on a person:

  • by delivering it personally to the person
  • by sending it by post addressed to the person at the person's last known place of residence or business
  • if a vehicle is involved in the alleged commission of the offence, by affixing or placing the notice on that vehicle in a conspicuous manner
  • in any other manner not specified in previous paragraphs if the Act or other instrument which establishes the infringement offence or any other Act or other instrument provides for any other manner of service.

Disclaimer

The information contained on this page is intended as a general guide only. It is not intended to be, and should not be relied on as, a substitute for professional legal advice.

27/07/2017
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