Infringements
What is an infringement?
Infringement notices, more commonly known as fines, are penalties for minor offences. Council has a statutory and community responsibility to enforce certain legislation within the municipality, which may result in an infringement being issued to an alleged offender for breaches against legislation.
If you receive an infringement notice, you have three options:
Option 1 - Pay the infringement notice in full
Option 2 - Write a letter of appeal to Council for an internal review
Option 3 - Elect to have the matter heard in court
Payment
Payment must be made before the expiry date on the infringement notice or additional costs will be incurred.
If you have received a penalty reminder notice, payment (including additional costs) must be made before the expiry date on the penalty reminder notice or further legal action will be taken.
How to pay
Payment of infringement notices can be made at our Cobram or Yarrawonga Service Centre or by mail to PO 578, Cobram VIC 3643.
Appealing an infringement notice
The Infringements Act 2006 allows you to make only one application for internal review. This means that you need to provide all of the relevant information and any supporting documentation to Moira Shire Council when requesting a review.
An application for internal review must be made in writing. The internal review process can take up to 90 days and you will receive a written response by mail to your postal address advising you of the outcome.
Whilst the review process is underway, the infringement will be place on hold until an outcome has been decided. If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received by the specified date, a decision will be made based on the information at hand. Should the infringement be upheld, you will be advised of a new payment date.
Please note that pursuant to the Infringements Act 2006, it is an offence to provide false or misleading information. Council may take further legal action if Council has reason to believe this has occurred.
To apply for an internal review please download the Application for an Internal Review, explaining your reasoning for why the fine should be withdrawn. Grounds for a review have been set by the Department of Justice, descriptions of the relevant grounds are listed on the application form.
Determination by a Court
Should you wish to have the matter heard before a Magistrate in the Magistrate's Court, you may apply for action by Court in writing. Please note that additional costs will be incurred if the matter is referred to court.
If you don't pay
Ignoring your infringement can lead to court action or result in your fine being sent to the Department of Justice, which has the power to suspend driving licences until the fine is paid. Overdue infringements are escalated as per the Infringements Act 2006. Each stage adds further costs to the fine.
Stage 1 - 21 days following the fine being issued, you will receive a Final Notice. This notice will provide you with the options to pay the fine (plus costs) within another 14 days; return the enclosed Statutory Declaration with completed objection; or choose to go to court.
Stage 2 - 21 days following the Final Notice you will receive an Enforcement Order from the Magistrates Court. If you receive an Enforcement Order, you are directed to follow the instructions on your notice. These matters are dealt with by the Magistrates Court.
Stage 3 - 28 days following the Enforcement Order you will receive a Sheriff's Warrant. This means you have 7 days to pay the fine plus costs. If you receive a Sheriff's Warrant, you are directed to follow the instructions on your notice.