Victorian Current Acts

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HERITAGE ACT 2017 - SECT 219

Infringement notices—additional steps

    (1)     An inspector may serve an infringement notice under this section on any person that the inspector has reason to believe has committed a prescribed offence against this Act or the regulations.

    (2)     An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the  Infringements Act 2006 .

    (3)     For the purposes of subsection (1), an infringement notice—

        (a)     must be in the form required by the Infringements Act 2006 ; and

        (b)     must include details of the additional steps (if any) required to expiate the offence; and

        (c)     may contain any additional prescribed details.

    (4)     Additional steps required to expiate an offence may include, but are not limited to, the following—

        (a)     taking any action if failure to take that action constitutes the offence;

        (b)     stopping any activity that constitutes the offence.

    (5)     If an infringement notice requires additional steps to be taken to expiate an offence, and, before the end of the remedy period set out in the notice, or if the inspector allows, at any time before the service of a summons in respect of the offence, the person served with the notice informs the inspector that those steps have been taken—

        (a)     the inspector must, without delay, find out whether or not those steps have been taken; and

        (b)     serve on the person a notice stating whether or not those steps have been taken.

    (6)     A statement in a notice under subsection (5) that additional steps have been taken is for all purposes conclusive proof of that fact.

Division 5—Evidence and legal proceedings



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