About infringement notices

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Infringement notices overview

An infringement notice allows minor law breaking to be dealt with by payment of a fine rather than court proceedings.

Our inspectors may issue infringement notices if a person or business has not complied with legislation we administer.

The amount of an infringement penalty is less than the maximum penalty a court could impose.

View an example infringement notice (PDF, 39KB).

How Consumer Affairs Victoria issues an infringement notice

We can issue an infringement notice on-the-spot or within six months of the alleged offence.

An inspector can serve an infringement notice by:

  • delivering it personally to the person
  • sending it via post to the person’s last known place of residence or business.

If the alleged offender is a company, an infringement notice can be served by:

  • leaving the notice at, or posting the notice to, the company’s registered office
  • personally delivering the notice to a director of the company who resides in Australia or in an external territory.

Amount of an infringement notice

Penalties for infringement notices depend are specified by the relevant laws.

The Monetary Units Act 2004. For the 2013-14 financial year, one penalty unit equals $144.36.

Example:

 

Residential Tenancies Regulations 2008

s.49

A person must not take or dispose of a tenant's goods as a result of rent owing.

Infringement notice penalty:

2.5 penalty units

2.5 x $144.36 = $360.90

The amount is rounded to a whole figure in accordance with the Monetary Units Act 2004.

So, the infringement amount becomes $360.90.

If you receive an infringement notice

If you receive an infringement notice, you may:

Paying in full

Full payment can be made by:

  • presenting your infringement notice with cash, credit card or EFTPOS at Civic Compliance Victoria, Level 1, 277 William Street, Melbourne VIC 3000. Office hours are 8:00 am to 6:00 pm, Monday to Friday (except public holidays)
  • posting your infringement notice with a cheque or money order payable to Civic Compliance Victoria, GPO Box 1916, Melbourne VIC 3001.

Payment plans

To apply for a payment plan, contact Civic Compliance Victoria on 03 9200 8111 to discuss options. Companies cannot apply for a payment plan.

Requesting an internal review 

You may request an internal review in writing from Civic Compliance Victoria, using the Request for internal review of an infringement notice (Word, 349 KB) form. The form explains the circumstances under which you can request an internal review.

Mail the completed form to: Civic Compliance Victoria, GPO Box 1916, Melbourne VIC 3001.

Consumer Affairs Victoria will complete an internal review within 90 calendar days unless we need further information from you. If so, we may suspend the review for up to 21 calendar days.

When the review is completed, we may:

  • confirm the decision to issue the infringement notice
  • approve a payment plan
  • waive any or all prescribed costs (for example, reminder notice fees)
  • withdraw the notice and refer the matter to court
  • withdraw the notice, with or without issuing an official warning.

Note: Consumer Affairs Victoria will not withdraw or review an infringement notice simply because you did not know the law.

If we confirm our decision, you can still elect to have the matter heard in court.

Hearing the matter in court

You can have the matter heard in court any time before an enforcement order is made or before the period for starting proceedings expires.

To do this, you must complete the ‘Application for action by a court’ section on the infringement notice and forward it to Civic Compliance Victoria or contact them on 03 9200 8111.

You should get legal advice if you have received a notice to appear before a court. You may be eligible for legal aid and can apply through most lawyers, Victoria Legal Aid, many Community Legal Centres and the Victorian Aboriginal Legal Service.

Incorrect name on the infringement notice

If you receive an infringement notice and the name is incorrect, contact Civic Compliance Victoria on 03 9200 8111.

Publishing infringement notice data

We do not publish the names of individuals or companies issued with infringement notices. However, we do publish the number and type of infringement notices we issue.

We adhere to the Privacy Act 1998 in respect to releasing information about infringement notices.

We may be compelled to release information under the Freedom of Information Act 1982.

More information

General information 
Consumer Affairs Victoria
1300 55 81 81

Payment of infringement notices (including payment plans):
Visit Civic Compliance Victoria's website
03 9200 8111

Interpreter service: telephone 131 450.

Last updated: 11/05/2016

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