Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 25

What can an enforcement agency decide on review?

S. 25(1) amended by No. 29/2016 s. 66(1).

    (1)     Subject to subsections (2) and (2A), after reviewing a decision under section 24, an enforcement agency may—

        (a)     confirm the decision to serve an infringement notice;

        (b)     withdraw the infringement notice and serve an official warning in place of the infringement notice;

        (c)     withdraw the infringement notice;

S. 25(1)(d) amended by Nos 32/2006 s. 16(2), 68/2009 s. 97(Sch. item 70.5).

        (d)     withdraw the infringement notice and refer the matter to the Court in accordance with this Part or, in the case of an infringement notice served on a child, withdraw the infringement notice and file a charge-sheet and summons in the Children's Court for the matter to be dealt with in that Court;

S. 25(1)(e) amended by No. 32/2006 s. 16(3).

        (e)     in the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or other instrument establishing the offence;

        (f)     waive all or any prescribed costs;

        (g)     approve a payment plan;

        (h)     do any combination of any of the actions referred to in paragraphs (a) to (g).

    (2)     In the case of an application made under section 22(1)(b) on the grounds that special circumstances apply to the person served with the infringement notice, after reviewing a decision under section 24, an enforcement agency may—

        (a)     confirm the decision to serve an infringement notice;

        (b)     withdraw the infringement notice and serve an official warning in place of the infringement notice;

        (c)     withdraw the infringement notice.

S. 25(2A) inserted by No. 29/2016 s. 66(2).

    (2A)     In the case of an application made under section 22(1)(d) on the grounds that the person was unaware of the infringement notice having been served, after reviewing a decision under section 24, an enforcement agency may—

        (a)     grant the application if satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served; or

        (b)     refuse the application if not satisfied that, more than 14 days before applying under section 22(1)(d), the applicant was not in fact aware that the infringement notice had been served.

S. 25(3) amended by Nos 32/2006 s. 16(4), 68/2009 s. 97(Sch. item 70.6), substituted by No. 29/2016 s. 66(2).

    (3)     If an enforcement agency makes a decision under subsection (2)(a) confirming the decision to serve the infringement notice, the person served with the infringement notice must—

        (a)     pay the infringement penalty in accordance with section 26; or

        (b)     apply to the enforcement agency for a payment plan; or

        (c)     elect to have the matter of the infringement offence heard and determined in the Court; or

        (d)     apply to the Secretary for a work and development permit.

S. 25(4) inserted by No. 29/2016 s. 66(2).

    (4)     If an enforcement agency makes a decision under subsection (2A)(a) granting the application, the enforcement agency must serve the applicant with written notice of that decision.

S. 25(5) inserted by No. 29/2016 s. 66(2).

    (5)     A person served with a notice under subsection (4) must, within 21 days of receiving the notice—

        (a)     pay the infringement penalty; or

        (b)     apply to the enforcement agency for a payment plan; or

        (c)     nominate another person as being the person responsible for committing the offence in respect of which an infringement notice was issued; or

        (d)     apply for a review of the decision to serve an infringement notice under section 22(1)(a), (b) or (c); or

        (e)     elect to have the matter of the infringement offence heard and determined in the Court or the Children's Court (as the case requires); or

        (f)     apply to the Secretary for a work and development permit.

S. 25(6) inserted by No. 29/2016 s. 66(2).

    (6)     If an enforcement agency makes a decision under subsection (2A)(b) refusing the application, the enforcement agency must—

        (a)     serve the applicant with written notice of the outcome of the review; and

        (b)     advise the applicant that the infringement penalty must be paid within 14 days of that written notice.



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