Council's Local Laws team may issue fines under the following laws:
Statutory Infringements:
- Country Fire Authority Act 1958
- Domestic Animals Act 1994
- Environment Protection Act 1970
- Prevention of Cruelty to Animals Act 1986
- Impounding of Livestock Act 1994
- Road Management Act 2004
- Summary Offences Act 1966
Local Laws Infringements:
- Community Local Law Number 1 2019
Infringement Notice - Frequently Asked Questions
Why have I received a fine or infringement notice?
What do I do now?
How much do I have to pay?
How do I pay?
What is the due date?
What is the due date?
What happens if I cannot pay in time?
What happens if I do not agree with the infringement notice?
What will happen if I do not pay or take any action by the due date?
Penalty Reminder Notice - Frequently Asked Questions
Why have I received a Penalty Reminder Notice?
Why are there added costs?
What do I do now?
How much do I have to pay?
How do I pay?
What is the due date?
What will happen if I do not pay or take any action by the due date?
Notice of Final Demand - Frequently Asked Questions
Why have I received a Notice of Final Demand?
What do I do now?
How much do I have to pay?
How do I pay?
What is the due date?
What is the due date?
Your Options
Pay
Pay in full by the due date to avoid added fees and enforcement action. Please refer to the How to Pay section on your infringement notice for more information.
Request a payment plan
You may be eligible for a payment plan under Section 46 of the Infringements Act 2006 or an extension of time. Please contact Council to discuss payment plan options.
Request an internal review
If you believe you have cause, you can apply for an internal review to our Local Laws team. Please refer to Internal Review section for more information.
Request a court hearing
You may apply to have your matter heard and determined in the Magistrates Court. Please contact Council to Request a Court Hearing.
How to pay
You can pay an Infringement Notice fine using any of these options:
IN PERSON
Present the Notice at: Council Office, 2-6 Churchill Ave, Bright 9am and 5pm Monday to Friday OR Council Customer Service Centres in Myrtleford or Mount Beauty During Library hours
BY PHONE
Call 03 5755 0555 to pay by Visa or Mastercard
BY POST
Send a cheque or money order with the Notice to: Alpine Shire Council PO Box 139 BRIGHT VIC 3741
You can also apply to pay by instalments or request an extension of time to pay.
Internal Review
If you have received an Infringement Notice, Penalty Reminder Notice or Notice of Final Demand, you can apply to have your infringement reviewed by Alpine Shire Council. This is called an internal review. Further information on internal reviews is available at Fines Victoria - Request a review
Who can apply for an internal review?
A natural person
A person who received the infringement notice can apply to Council for an internal review of the decision to serve the infringement notice or authorise another person to apply on their behalf
A body corporate
Authorised representatives of a body corporate can apply for internal review in relation to a fine issued in the name of the body corporate.
Authorised third party
An authorised third party must be over 18 years of age and could be a family member, a friend, or support worker.
If the third party is a lawyer or power of attorney or has other court ordered arrangements they do not need to be authorised.
On what grounds can I request an internal review?
You can request an internal review on the following grounds:
Contrary to Law
You believe that the fine is invalid or inconsistent with the law.
For example, you may believe that timed parking restrictions do not apply to the area that you parked in, or an officer acted unlawfully or outside their authority.
To substantiate a contrary to law claim you need to provide additional evidence:
- a statutory declaration
- photos (eg. a photo of the parking sign or lack thereof.
Exceptional Circumstances
An event that was unforeseeable and outside of your control occurred that could excuse your conduct, for example:
- a medical emergency
- temporarily parking a damaged vehicle, directly following involvement in an accident
- mechanical breakdown
- financial hardship (eg. bankruptcy or insolvency).
To substantiate an exceptional circumstances claim you need to provide documentation that supports the exceptional circumstance, including its time and date including:
medical evidence from your medical practitioner/s
invoices or receipts (eg. a receipt from a tow truck company)
- a statutory declaration
- witness statements
- photos
- travel documentation
- police statements or records
- proof of bankruptcy or insolvency.
Mistaken Identity
You were not the person who committed the offence. For example, you are not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.
To substantiate a mistaken identity claim in relation to a parking offence, you need to provide documentations that supports your claim including:
- a statutory declaration that states the offence was committed by another driver
- a copy of your car registration certificate if the wrong registration number was recorded
- a copy of your car registration certificate
- a copy of the police report if your car was stolen
Unaware of Notice
You claim you were not aware that you had a fine. Reasons may include:
- you were in another location (due to being overseas or having moved house)
- your mail was stolen
- other situations preventing you from knowing about the fine.
You must make an appeal within 14 days of becoming aware of the infringement notice.
You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
A successful appeal under these grounds will allow for further time to deal with the fine (which may include further review under any of the grounds above or taking any other action available upon the issue of a fine).
We will not withdraw your fine under this ground. We will only consider waiving additional costs that may have been incurred.
To substantiate an Unaware of Notice claim you need to provide documentation that supports your circumstance, such as:
- copies of date-stamped passports
- boarding passes
- removalist invoices
- mail theft reports made to Victoria Police. Further information is available at Fines Victoria - Didn't know about your fine
Special Circumstances
You may be eligible for a review based on special circumstances if you were experiencing one of the following:
- Mental or intellectual disability or illness: if the condition impacted your capacity to comprehend or control the behaviour constituting the offence.
- Serious addiction to drugs, alcohol, or a volatile substance: if your addiction significantly reduced your ability to understand or control the conduct constituting the offence.
- Homelessness: if the homelessness contributed to a significantly reduced capacity to control the behaviour constituting the offence.
- Family violence: if due to family violence, you experienced a significantly reduced capacity to control the behaviours constituting the offence. If family violence contributed to you receiving the fine, the Fines Victoria Family Violence Scheme may apply to you.
- Long term circumstances: This sub-group of special circumstances excludes financial circumstances and relates to circumstances which are particularly disabling or incapacitating in nature and result in you being unable to pay or otherwise deal with the fine.
To substantiate a special circumstances claim you need to provide evidence that links your circumstances to the fine from a:
- medical practitioner or other professional
- social worker
- drug and alcohol counsellor
- Victoria Police officer (a police report of family violence)
- a court order (family violence intervention order).
Further information is available at Fines Victoria - Special Circumstances
Infringement fines that cannot be internally reviewed
How do I make an application for internal review?
To apply for an internal review; you will need to complete an Application for Review of an Infringement Notice Form
Note: You must provide evidence to support your application. It is important you provide your current address and contact details so we can contact you about your application if required. Please complete all required fields or your application will be invalid.
Give completed form to Council
You, or a person you have authorised to act on your behalf, can send the completed form and supporting evidence to Council via post or email or drop the form into the Council office.
BY POST Alpine Shire Council PO Box 139 BRIGHT VIC 3741
BY EMAIL info@alpineshire.vic.gov.au
IN PERSON Present between 9am and 5pm Monday to Friday Council Office, 2-6 Churchill Ave, Bright
How long do I have to apply for an internal review?
What happens after I apply?
When undertaking an internal review of an infringement fine, Council considers all information available to it, including:
- information collected by the officer who issued the fine, which may include photographs
- circumstances and any supporting documents provided in your application or by third parties
- requirements under the relevant legislation (for example, Road Safety Road Rules 2009, Environment Protection Act 1970, or Infringements Act 2006)
You will be notified of the outcome in writing to the postal address you provide.
What happens if further information is required?
If the additional information is not received by the specified date, Council will make a decision based on the information available.
What are the possible outcomes of an internal review?
· withdraw the fine and take no further action against you
· withdraw the fine and issue an official warning instead
· refer the matter to the Magistrates' Court (or the Children's Court if you are under 18)
· waive or vary any fees associated with the fine
· waive or vary any additional steps imposed by the fine
· approve a payment arrangement or
· confirm the decision to issue you with the fine.
Once Council has made a decision, you will receive a notice in the mail to confirm the outcome of the internal review.
What do I need to do if the outcome is that I still have to pay?
· how much you need to pay and
· the due date of the payment.
You must pay by the due date or ask to go to the Magistrates Court.
If you do not pay the fine or take any other action (for example, request a payment extension or elect to have the matter heard at court) by the new due date, the fine will continue through the infringements process and you will incur additional costs. This process is set out in the Infringements Act 2006
If you are unable to make the payment in full before the new due date Council may consider a request for a payment plan.
How can I have the matter heard in court?
BY POST Alpine Shire Council PO Box 139 BRIGHT VIC 3741
BY EMAIL info@alpineshire.vic.gov.au
Additional costs may be incurred if the matter is referred to court.