Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 49

Payment plans—additions, removals and cancellations

S. 49(1) amended by No. 59/2017 s. 121(1).

    (1)     A person to whom a payment plan applies may request the addition of any infringement penalty and penalty reminder notice fee in respect of an infringement offence to that person's payment plan.

    (2)     A person to whom a payment plan applies may request—

S. 49(2)(a) amended by No. 59/2017 s. 121(2).

        (a)     the removal of an infringement penalty and penalty reminder notice fee in respect of an infringement offence from that person's payment plan; or

        (b)     the cancellation of the payment plan.

S. 49(3) substituted by No. 32/2006 s. 24(4).

    (3)     If an enforcement agency withdraws an infringement notice under this Act or the Act or other instrument which establishes the infringement offence in respect of which the infringement notice was served, the enforcement agency must—

S. 49(3)(a) amended by No. 59/2017 s. 121(3).

        (a)     in the case of a payment plan managed by the enforcement agency, remove the infringement penalty and any penalty reminder notice fee in respect of the infringement offence in relation to the withdrawn infringement notice from a person's payment plan; and

        (b)     in the case of a payment plan managed by the Secretary, request the Secretary to remove the infringement penalty and any prescribed costs in respect of the infringement offence in relation to the withdrawn infringement notice from a person's payment plan.

S. 49(4) amended by No. 59/2017 s. 121(4).

    (4)     If an infringement penalty and penalty reminder notice fee are removed from a payment plan in accordance with a request of a person under subsection (2)(a) or an enforcement agency under subsection (3), or a payment plan is cancelled in accordance with subsection (2)(b), any money paid in respect of that infringement penalty and penalty reminder notice fee is—

S. 49(4)(a) amended by No. 59/2017 s. 121(4).

        (a)     to be allocated to the payment of the oldest infringement notice to which the infringement penalty and penalty reminder notice fee relate then remaining in the payment plan; or

        (b)     subject to subsection (5), if the removal or cancellation results in the completion of the payment plan and there is an overpayment, the person is entitled to a refund of any overpayment of money paid and—

              (i)     if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

              (ii)     if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account.

S. 49(5) amended by No. 59/2017 s. 121(5).

    (5)     A person is not entitled to a refund under subsection (4)(b) if at the time the infringement penalty and penalty reminder notice fee are removed from the payment plan or the payment plan is cancelled—

S. 49(5)(a) amended by No. 59/2017 s. 121(5).

        (a)     that person has already paid in full the amount due for the infringement penalty and penalty reminder notice fee; and

        (b)     the infringement offence to which the infringement notice related has been expiated by that payment.



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