Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 18

Withdrawal of infringement notice

    (1)     An enforcement agency may withdraw an infringement notice by serving a withdrawal notice on the person served with the infringement notice

        (a)     in the case of a lodgeable infringement offence, at any time before an enforcement order is made; and

S. 18(1)(b) substituted by No. 32/2006 s. 13(1), amended by No. 48/2006 ss 40(2), 42(Sch. item 18.3).

        (b)     in the case of an infringement offence for which an infringement penalty may be registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 , at any time before an enforcement order under that Schedule is made;

S. 18(1)(c) inserted by No. 32/2006 s. 13(1).

        (c)     in the case of any other infringement offence, at any time before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.

    (2)     Subject to subsection (4), without limiting subsection (1), an enforcement agency may withdraw an infringement notice if the enforcement agency determines that—

        (a)     an official warning should be served on the person rather than an infringement notice; or

        (b)     proceedings are to be commenced against the person in respect of the infringement offence for which the infringement notice had been served; or

        (c)     the matter should be abandoned.

    (3)     Subject to subsection (4), an infringement notice may be withdrawn even if the infringement penalty and prescribed costs (if any) have been paid.

    (4)     In the case of an infringement notice in respect of an infringement offence requiring additional steps to be taken, the infringement notice cannot be withdrawn for the purposes of commencing proceedings against the person in respect of the offence for which the infringement notice had been served if the person on whom the infringement notice was served—

        (a)     has paid the infringement penalty and prescribed costs (if any); and

        (b)     has taken all the required additional steps.

    (5)     If an infringement notice is withdrawn, the amount of any infringement penalty and any prescribed costs paid must be refunded and—

        (a)     if the penalty and costs (if any) have been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

        (b)     if the penalty and costs (if any) have been paid into another fund or account, the penalty and costs (if any) are to be refunded from that fund or account.

    (6)     This section does not apply to infringement offences to which the following provisions apply—    

S. 18(6)(a) amended by No. 32/2006 s. 13(2).

        (a)     sections 89A to 89D of the Road Safety Act 1986 ;

S. 18(6)(b) amended by No. 6/2010 s. 203(1)
(Sch. 6 item 26.4) (as amended by No. 45/2010 s. 22), substituted by No. 29/2016 s. 98.

        (b)     section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 ;

S. 18(6)(c) amended by No. 65/2010 s. 420(Sch. 3 item 8).

        (c)     sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 .



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