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INFRINGEMENTS ACT 2006 - SECT 55

Extended period for lodgement

Details of an infringement penalty and prescribed costs in respect of a lodgeable infringement offence must be lodged—

        (a)     no more than 6 months after the date of the offence alleged to have been committed; or

S. 55(ab) inserted by No. 79/2006 s. 24.

        (ab)     if the offence has been committed against section 166(1) of the Electoral Act 2002 , no more than 6 months after the date of service of the infringement notice in respect of that offence under section 167 of that Act; or

S. 55(ac) inserted by No. 79/2006 s. 24.

        (ac)     if the offence has been committed against section 40(1A) of the Local Government Act 1989 , no more than 6 months after the date of service of the infringement notice in respect of that offence under section 40(3) of that Act; or

        (b)     if a person to whom a payment plan applies defaults on a payment, no more than 6 months after the date on which the person has defaulted under the payment plan; or

        (c)     if a person to whom a payment plan applies removes an infringement penalty and prescribed costs in respect of a lodgeable infringement offence from the plan, no more than 6 months after the date on which the person has removed that infringement penalty and prescribed costs from the payment plan; or

S. 55(d) substituted by No. 32/2006 s. 27(1).

        (d)     if a payment plan is cancelled—

              (i)     by the person to whom the payment plan applies, no more than 6 months after the person cancels the plan; or

              (ii)     under section 48(2), no more than 6 months after the date on which the payment plan is cancelled under that section; or

        (e)     if an enforcement order is revoked under section 66(4)(b), no more than 6 months after the date of revocation of that order; or

S. 55(f) amended by No. 32/2006 s. 27(2).

        (f)     if an infringement notice is cancelled under this Act or any other Act or other instrument and a new infringement notice is issued or served in accordance with section 38(4) or any corresponding provision of another Act or other instrument, no more than 6 months after the date of cancellation of the cancelled infringement notice; or

        (g)     if an infringement notice is reviewed under Division 3 of Part 2, no more than 6 months after the date of service of the advice of the outcome on the applicant under section 24(3); or

S. 55(h) amended by Nos 32/2006 s. 27(3), 81/2006 s. 32(2).

        (h)     if a person has nominated another person for an offence committed under the Road Safety Act 1986 , the Melbourne City Link Act 1995 or the EastLink Project Act 2004 , no more than 6 months after the date of service of the infringement notice on the nominated person; or

S. 55(ha) inserted by No. 9/2008 s. 18.

        (ha)     if a nomination of a kind specified in paragraph (h) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination, no more than 6 months after the date of cancellation of the nomination; or

S. 55(i) inserted by No. 32/2006 s. 27(4).

              (i)     subject to paragraph (h), if an offence has been committed under section 204 of the EastLink Project Act 2004 , no more than 6 months after the date of service of the infringement notice under section 210(1) of that Act; or

S. 55(j) inserted by No. 32/2006 s. 27(4), amended by No. 29/2016 s. 76(a).

        (j)     subject to paragraph (h), if the offence has been committed under section 73 of the Melbourne City Link Act 1995 , no more than 6 months after the date of service of the infringement notice under section 80(1) of that Act; or

S. 55(k) inserted by No. 29/2016 s. 76(b).

        (k)     if a work and development permit has been cancelled under section 27E and the details of an infringement penalty and prescribed costs in respect of a lodgeable infringement offence have not already been lodged, no more than 6 months after the date on which the work and development permit is cancelled under that section.

S. 56 amended by Nos 32/2006 s. 25(2), 68/2009 s. 97(Sch. item 70.15).



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