Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 61

Effect of enforcement order

    (1)     If an enforcement order is made in relation to a lodgeable infringement offence alleged to have been committed by a person—

S. 61(1)(a) amended by Nos 6/2010 s. 203(1)
(Sch. 6 item 26.9(a)) (as
amended by No. 45/2010 s. 22), 29/2016 s. 103(a).

        (a)     subject to sections 89 and 89A to 89D of the Road Safety Act 1986 , section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 (as the case requires), the person is not to be taken to have been convicted of the offence; and

S. 61(1)(b) amended by Nos 32/2006 s. 28(2), 6/2010 s. 203(1)
(Sch. 6 item 26.9(b)) (as amended by No. 45/2010 ss 22, 23(4)(c)), 65/2010 s. 420(Sch. 3 item 8), 29/2016 s. 103(b).

        (b)     subject to sections 89 and 89A to 89D of the Road Safety Act 1986 , section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 (as the case requires), the person is not liable to any further proceedings for the offence alleged to have been committed; and

        (c)     the making of the enforcement order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and

        (d)     payment in accordance with the enforcement order is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

S. 61(2) amended by No. 32/2006 s. 28(3).

    (2)     Any amount recovered as a result of the making of an enforcement order must be paid into the Consolidated Fund unless the relevant Act or other instrument that creates the infringement offence directs that the amount be paid into another fund.

S. 61(3) amended by No. 74/2013 s. 9.

    (3)     Despite anything to the contrary in this section, the making of an enforcement order in relation to an offence which is a traffic infringement within the meaning of the Road Safety Act 1986 does not prevent the incurring of demerit points under Part 4 of that Act in relation to the infringement.

S. 61(4) repealed by No. 30/2013 s. 60(Sch. item 4).

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