The Infringements Court has over 130 registered issuing agencies which can include:

• hospitals and medical centres
• municipal councils
• universities
• Victoria Police
• the Environment Protection Authority
• the Melbourne Market Authority
• Victorian Taxi Directorate.

These agencies have the authority to issue infringement notices which can be lodged with the Infringements Court for further enforcement.

When an agency seeks to lodge unpaid infringement penalties with the Infringements Court, they are requesting that the Court enforce the outstanding penalty amount of infringement plus any added costs. To do this, the Infringements Court makes an Enforcement Order (Court Order) against the offender. The Enforcement Order is made by the Infringements Court Registrar and has the same effect as an order made by a Magistrate in open court, and is enforceable as an order of the Magistrates’ Court. A Notice of Enforcement Order is then sent to the offender. If payment is not made within 28 days, or a successful application is not received for either a payment order or revocation of the order, a warrant is issued to the Sheriff which includes additional costs.

A person may apply for a Payment Order under Section 76 of the Infringements Act 2006.

Applications for a Payment Order can be lodged up until a warrant is executed and must include:

• The name and current address of the applicant;
• A statement setting out the financial circumstances of the applicant; and,
• Reasons for making the application.

Where an Enforcement Order is made against a corporation, then that entity is not entitled to apply for a payment order. The corporation’s only options are to pay the fine in full or apply for revocation of the order.

The Infringements Court Registrar will not consider applications for revocation or payment orders if any of the following conditions exist:

• The defendant is released on a Community Work Permit
• The defendant is bailed to appear before a Magistrate\
• The Sheriff seizes property to recover the debt (including walking possession where goods have been seized but not yet removed) and a 7 day notice has expired
• There is an order made against real estate in relation to the enforcement order

If an infringement penalty and costs remain unpaid, the following actions may be taken against the offender:

• An infringements warrant may be issued authorising the seizure of the offender’s personal property and driver licence or motor vehicle registration may be suspended, refused to be renewed or not transferred;
• The offender’s motor vehicle may be immobilised (for example, by wheel clamping), seized and sold;
• The offender may be subject to an Attachment of Earnings or an Attachment of Debt Order;
• The offender’s real estate may be subject to a Charge Order and sale; or,
• The offender may be arrested pursuant to the Infringements Act 2006 and brought before the Magistrates’ Court of Victoria.