Food Act Infringements

Frankston City Council is committed to providing a safe environment for its residents and visitors.  Food Act infringements are fines that can be issued by authorised officers to food businesses that do not comply with food safety laws in the Food Act 1984. The purpose of these fines is to deter food businesses from engaging in practices that may pose a risk to public health.

Some of the offences that can result in infringement notices include:

  • failure to store, process, display and transport food properly;
  • lack of cleanliness and adequacy of food premises;
  • failure to clean and sanitise food equipment;
  • ·operating food premises without registration; and
  • failure to keep required records on site.

The infringement penalties vary depending on the type and severity of the offence.

Select an option below

Pay my fine

You can pay your infringement in four ways.

Step 1.Pay online

Using a Visa, Mastercard or debit card via the below link

Pay your infringement online

Step 2.Pay by phone

Using a Visa, Mastercard or debit card

Phone 1300 721 138

Please quote what type of infringement you wish to pay and the infringement number.

Step 3.Pay by mail

Attach cheque or money order to the payment portion of your notices and post to:

Frankston City Council
PO Box 490
Frankston 3199

Step 4.Pay in person

By cash, cheque, money order, EFTPOS or credit card (Visa or Mastercard). Present your infringement notices at any Council Customer Service Centre. For a list of Customer Service Centres, please visit our Visit Us page.

Dispute my fine

Grounds for appeal

You can appeal your fine if you believe any of the following:

  • the fine was contrary to law
  • mistaken identity (another person committed the offence)
  • special circumstances apply (homelessness, addiction etc. Click here for further information about Special Circumstances)
  • you must provide written evidence from a medical professional or case worker outlining your special circumstance
  • exceptional circumstances apply (medical emergencies)
  • you were unaware that you had been issued a fine (you had moved house and did not receive your mail – some conditions apply) 

How to appeal your fine

Step 1.Gather all supporting information

You will need the infringement notice number and, for parking offences, the registration number of the vehicle involved in the infringement.

You must submit any application in relation to the infringement notice prior to the infringement notice being referred to Court by Council or lodged with Fines Victoria.

Step 2.Complete an Infringement Offence Review Application

Submit an online Internal Review application

Download and print an Internal Review application form(PDF, 39KB)

Infringement Offence Review Application form need to be fully completed and submitted as outlined on the form

The appeal process can take up to 90 days and you will receive a written response of the outcome. The fine will be placed on hold until an outcome has been decided.

The Infringement Act 2006 allows you to make one application for review. You will need to provide all relevant and supporting documentation. If extra information is required we will ask you to provide it.  If you fail to provide the extra information by a due date, a decision will be made anyway.

It is an offence to provide false or misleading information. Further action may be taken if this occurs.

Appeal outcomes

After reviewing an appeal we may:

  • confirm the decision to serve an infringement notice and proceed with enforcement
  • withdraw the infringement notice and serve an official warning in place of the infringement notice
  • withdraw the infringement notice and take no further action
  • withdraw the infringement notice and refer the matter to the Court
  • waive all or any penalty reminder notice fees
  • approve a payment plan or refer the fine to Fines Victoria for a payment arrangement.

If your appeal is unsuccessful we will notify you.  We will provide the next ‘due date’ for the infringement notice in that notification.  You must complete one of the below actions before the ‘new due date’ of your fine:

  • pay your fine
  • apply for a Payment Plan
  • apply for a Payment Arrangement
  • elect to have the matter heard in court.

If you are eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit (WDP) on your behalf.  More information regarding WDP’s is available at Work and Development Permit (fines.vic.gov.au)

Extension of time

If you need an extension of time AND you have not had a previous extension of time to pay for this infringement notice, you can apply by following the link below:

Apply for an extension of time

Pay by arrangement

You may also apply to have your infringement referred to Fines Victoria for a Payment Arrangement where you can pay it off by instalments. Please apply online by following the below link:

Apply for a payment arrangement

Please note; Internal reviews cannot be submited through this portal. All requests for internal reviews must be submitted via ‘Dispute my fine’

Go to court

The person named on the infringement notice can request to have the infringement matter referred to the Magistrates' Court at any time before the fine is registered with Fines Victoria.

Requests must be in writing stating that you wish for your matter to be heard by a Magistrate in court. Please include the infringement notice number, your full name, date of birth and your current address at which the summons may be served.

Once it is received, our Prosecutions Team will review the request and make arrangements for the matter to be filed with the court. We will send you a notice informing you of the date of the hearing.

We cannot give legal advice about this process. We strongly recommend that you get independent legal advice before going to court.

The court process is not free. If the court decides in our favour, we will seek to recover any additional costs from you.

Once a hearing has been scheduled, you may request a delay (adjournment) by contacting the Magistrates' Court directly.

Once a court election is processed and a hearing is arranged the matter cannot be dealt with as an infringement and must now be dealt with by the court.

To apply to have your infringement referred to the Magistrates' Court, please use the below link:

Apply to refer infringement to court

Contact Us

Phone

1300 322 322

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