Victorian Current Acts

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Application for work and development permit

    (1)     Subject to subsection (2), an accredited agency or accredited health practitioner, with the consent of an eligible person, may apply to the Secretary for a work and development permit on behalf of that eligible person.

    (2)     An application under subsection (1) must not be made if—

        (a)     the infringement penalty and any prescribed costs or prescribed warrant fee have been paid; or

        (b)     property has been seized under an infringement warrant other than a seizure of a kind referred to in section 89; or

        (c)     a notice under section 101(2) has been served on a person; or

        (d)     an attachment of earnings order or an attachment of debts order has been made; or

        (e)     an order under section 136 that land is subject to a charge has been made; or

        (f)     a person is arrested in accordance with Part 12; or

        (g)     the eligible person is a child and the infringement penalty in respect of the infringement offence for which an infringement notice was served has been registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 .

    (3)     An application may be made under subsection (1) despite an eligible person having been the subject of one or more work and development permits cancelled under section 27E.

    (4)     An application under subsection (1) must specify—

        (a)     the name and address of the eligible person; and

        (b)     as appropriate—

              (i)     the accredited agency and the name of the person who will be responsible for supervising the eligible person on behalf of the accredited agency; or

              (ii)     the accredited health practitioner making the application; and

        (c)     the grounds for requesting the work and development permit including each infringement offence to which the work and development permit will relate; and

        (d)     the nature of the activities proposed to be undertaken by the eligible person under the work and development permit; and

        (e)     a proposed time for the completion of those activities.

    (5)     If an application is made under this section, any enforcement action against the eligible person is suspended in respect of all outstanding infringement penalties under the work and development permit until the Secretary makes a decision under section 27C.

S. 27C inserted by No. 29/2016 s. 67.

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