Victorian Current Acts

ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 213

    (1)     This section applies if a person is served with an infringement notice for a prescribed offence constituted by the failure of the person to do an act.

    (2)     The additional step required to expiate the offence is for the person to do the act.

    (3)     If within the required period the person informs the Registrar that the act has been done, the Registrar must—

        (a)     without delay, ascertain whether or not the act has been done; and

        (b)     serve on the person a notice stating whether or not the act has been done.

    (4)     A statement that an act has been done contained in a notice served under subsection (3)(b) is for all purposes conclusive proof of that fact.

    (5)     If, at the expiration of the required period, the person has paid the prescribed penalty but has not done the act—

        (a)     no proceedings may be instituted against the person in respect of the prescribed offence; but

        (b)     the obligation to do the act continues and section 211 applies in relation to the continued failure to do the act as if, on the day on which the person paid the prescribed penalty, the person had been convicted of an offence constituted by a failure to do the act.

S. 213(6) amended by No. 47/2014 s. 248.

    (6)     If, at the expiration of the required period, the person has not paid the prescribed penalty but has done the act, proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Fines Reform Act 2014 may be used, against the person in respect of the prescribed offence.

    (7)     If, at the expiration of the required period, the person has neither paid the prescribed penalty nor done the act—

        (a)     the obligation to do the act continues; and

S. 213(7)(b) amended by No. 47/2014 s. 248.

        (b)     proceedings may be instituted, or procedures for the enforcement of infringement penalties under the Fines Reform Act 2014 may be used, against the person in respect of the prescribed offence.

    (8)     Except as provided by subsection (5), this section does not affect the operation of any provision of this or any other Act in relation to the institution of proceedings in respect of a prescribed offence.

    (9)     In this section—

"required period" means—

        (a)     the period specified in the infringement notice for doing the act; or

        (b)     if the Registrar allows—the period within which late payment is to be made in accordance with section 15 of the Infringements Act 2006 .

Part 15—General