Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 64

Infringements registrar may revoke enforcement order and refer matter to Court

    (1)     Subject to subsection (4), an infringements registrar, if satisfied that a matter would be more appropriately dealt with by the Court may, on his or her own motion—

        (a)     revoke an enforcement order; and

        (b)     refer the matter of the infringement offence to the Court for hearing and determination.

    (2)     If an infringements registrar revokes an enforcement order under this section, he or she must notify the enforcement agency and the person against whom the enforcement order was made—

        (a)     that the enforcement order has been revoked; and

        (b)     that the matter of the infringement offence has been referred to the Court for hearing and determination.

    (3)     A notification under subsection (2) must include the reasons why the enforcement order was revoked.

    (4)     An infringements registrar must not make an order under this section if any of the following has occurred—

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

        (b)     a declaration under section 91 has been made;

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

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

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

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



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