Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 163A

Service deemed despite document being returned to sender

    (1)     Subject to subsection (2) and despite anything to the contrary in section 162(6), a document, other than an infringement notice, served by post to a person at an authorised address and returned undelivered to its sender, is deemed to be served 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered.

    (2)     Despite anything to the contrary in section 12(2), an infringement notice in respect of a lodgeable infringement offence served by post to a person at an authorised address and returned undelivered to its sender, is deemed to be served 14 days after the date of that infringement notice, despite it being returned to its sender as undelivered.

    (3)     For the purposes of this section, "authorised address" means—

        (a)     an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;

S. 163A(3)(b) amended by Nos 6/2010 s. 203(1)
(Sch 6 item 26.11) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 87.5), 21/2015 s. 3(Sch. 1 item 28), 29/2016 s. 105.

        (b)     in relation to any document in respect of a transport infringement within the meaning of Part VII of the Transport (Compliance and Miscellaneous) Act 1983 or a ticket infringement within the meaning of that Part, an address provided by a person to an authorised officer or police officer under section 218B of that Act after that officer has requested the person to state his or her name and address because the authorised officer or police officer believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.

    (4)     This section has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 .

Note

See sections 37 and 38 which deal with the situation where a person does not know that he or she has been served with an infringement notice and then subsequently becomes aware of that infringement notice.



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