Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

140 Regulations

(1)The Governor in Council may make regulations for or with respect to—

S. 140(1)(ab) inserted by No. 64/1996 s. 38(a), repealed by No. 19/2005 s. 8.S. 140(1)(ba) inserted by No. 12/2001 s. 7, repealed by No. 9/2009 s. 76(2).S. 140(1)(ca) inserted by No. 35/2002 s. 19, repealed by No. 19/2005 s. 8.S. 140(1)(db) inserted by No. 34/1990 s. 4(Sch. 3 item 15), amended by No. 37/2014 s. 10(Sch. item 101.13), repealed by No. 20/2025 s. 17.S. 140(1)(g) repealed by No. 4/1997 s. 8(3), new s. 140(1)(g) inserted by No. 87/2005 s. 27(1), repealed by No. 68/2009 s. 97(Sch. item 82.55).

(a)the fees, costs and charges payable in respect of any proceeding in the Court; and

S. 140(1)(a) amended by Nos 34/1990 s. 4(Sch. 3 item 14), 9/2009 s. 76(1).S. 140(2A)(a) amended by No. 15/2018 s. 48(2)(b).

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(b)the fees, costs and charges payable in respect of the exercise by a registrar of any jurisdiction, power or authority vested in the registrar under the Fines Reform Act 2014; and

S. 140(1)(b) amended by Nos 12/2006 s. 169(f), 47/2014 s. 281.S. 140(2A)(b) amended by No. 15/2018 s. 48(2)(c).S. 140(3)(b) amended by No. 87/2005 s. 27(3)(a), substituted by No. 15/2018 s. 48(4).

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(c)prescribing the fees and charges payable for the supply by the Court of any recording or any part of a recording of a proceeding; and

S. 140(1)(c) repealed by No. 64/1996 s. 38(b), new s. 140(1)(c) inserted by No. 51/2000 s. 7.S. 140(3)(c) inserted by No. 87/2005 s. 27(3)(b), amended by No. 70/2010 s. 34(2).

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(h)prescribing classes of complaints for the purposes of Division 2 of Part 5; and

(i)prescribing a code of conduct for bail justices and acting bail justices; and

S. 140(1)(i) repealed by No. 19/2005 s. 8, new s. 140(1)(i) inserted by No. 70/2010 s. 34(1).

(j)prescribing training courses for appointment as a bail justice and training courses for re-appointment as a bail justice for the purposes of Division 2 of Part 6; and

S. 140(1)(j) repealed by No. 19/2005 s. 8, new s. 140(1)(j) inserted by No. 70/2010 s. 34(1).

(k)prescribing training courses for the purposes of section 121(3)(aa); and

S. 140(1)(k) repealed by No. 19/2005 s. 8, new s. 140(1)(k) inserted by No. 70/2010 s. 34(1).

(l)prescribing particulars to be included in applications under Division 2 of Part 6; and

S. 140(1)(l) repealed by No. 19/2005 s. 8, new s. 140(1)(l) inserted by No. 70/2010 s. 34(1).

(la)prescribing the form of an oath or affirmation of office as a bail justice or an acting bail justice and the manner of taking that oath or affirmation; and

S. 140(1)(la) inserted by No. 33/1994 s. 5(2), repealed by No. 19/2005 s. 8, new s. 140(1)(la) inserted by No. 70/2010 s. 34(1), amended by No. 6/2018 s. 68(Sch. 2 item 81.2).

(m)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum fees;

(c)minimum fees;

(d)fees that vary according to value or time;

S. 140(1)(d) repealed by No. 19/2005 s. 8.S. 140(3)(d) inserted by No. 70/2010 s. 34(3).

(da)different fees for different classes of proceedings or different classes of party;

S. 140(1)(da) inserted by No. 34/1990 s. 4(Sch. 3 item 15), repealed by No. 19/2005 s. 8.S. 140(2)(da) inserted by No. 15/2018 s. 48(1).

(e)the manner of payment of fees;

S. 140(3)(e) inserted by No. 70/2010 s. 34(3).

(f)the time or times at which fees are to be paid.

S. 140(1)(e)(f) repealed by No. 68/2009 s. 97(Sch. item 82.55).S. 140(3)(f) inserted by No. 70/2010 s. 34(3).

(2A)Regulations made under this Act may—

S. 140(2A) inserted by No. 87/2005 s. 27(2).

(aa)provide for the payment in advance of any fee, cost or charge fixed by regulation under subsection (1)(a) or (b); and

S. 140(2A)(aa) inserted by No. 15/2018 s. 48(2)(a).

(aab)provide for proportionate consequences of failure to pay any fee, cost or charge fixed by regulation under subsection (1)(a) or (b); and

(a)provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of the fees, costs and charges fixed by regulation under subsection (1)(a) or (b); and

(b)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee, cost or charge reduced, waived, postponed, remitted or refunded by or in accordance with the regulations.

(2B)Without limiting subsection (3)(b), if the regulations provide for a reduction, waiver, postponement, remission or refund, in whole or in part, of a fee, cost or charge pursuant to subsection (2A), the reduction, waiver, postponement, remission or refund—

S. 140(2B) inserted by No. 87/2005 s. 27(2), amended by No. 15/2018 s. 48(3).

(a)may be expressed to apply either generally or specifically—

(i)in respect of certain matters or classes of matters;

(ii)in respect of certain persons or classes of persons;

(iii)in respect of a specified class of infringement offence within the meaning of the Infringements Act 2006, including offences committed before or after the commencement of the regulations providing for the reduction, waiver, postponement, remission or refund, in whole or in part, of the fees, costs and charges;

(iv)in respect of a specified class of infringement notice within the meaning of the Infringements Act 2006, including notices issued or served before or after the commencement of the regulations providing for the reduction, waiver, postponement, remission or refund, in whole or in part, of the fees, costs and charges;

(v)in respect of a specified enforcement agency or class of enforcement agency within the meaning of the Infringements Act 2006;

(vi)for a specified period or periods or from a specified commencement date to a specified expiry date;

(vii)in respect of any combination of the matters referred to in paragraphs (i) to (vi);

(b)may be subject to specified conditions.

(3)Regulations made under this Act may be made—

(a)so as to confer a discretionary authority on a specified court official or a specified class of court officials; and

(b)so as to provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether—

(i)unconditionally or on specified conditions; and

(ii)either wholly or to such an extent as is specified; and

(c)so as to be of limited or general application; and

(d)so as to differ according to differences in time, place or circumstances; and

(e)so as to require matters affected by the regulations to be—

(i)in accordance with specified standards or specified requirements; or

(ii)approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; or

(iii)as specified in both subparagraphs (i) and (ii); and

(f)so as to leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.

(4)If the regulations provide for a remission or refund of a fee, cost or charge fixed by regulation under subsection (1)(a) or (b), the Consolidated Fund is appropriated to the necessary extent to enable any remission or refund to be paid.

S. 140(4) repealed by No. 10/1999 s. 31(1), new s. 140(4) inserted by No. 15/2018 s. 48(5).

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