Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INFRINGEMENTS ACT 2006 - SECT 65

Applications for revocation of enforcement orders

    (1)     Subject to subsection (2), the following persons may apply to an infringements registrar at the venue of the Court at which an enforcement order was made for the revocation of the enforcement order

        (a)     an enforcement agency; or

        (b)     a person against whom an enforcement order has been made; or

S. 65(1)(c) substituted by No. 32/2006 s. 30(1).

        (c)     without limiting paragraph (b), a person acting on behalf of a person with special circumstances against whom an enforcement order has been made.

Note

special circumstances is defined in section 3.

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

        (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.

    (3)     An application under subsection (1) must—

        (a)     be filed with an infringements registrar; and

        (b)     if filed by the person against whom the enforcement order has been made or a person acting on that person's behalf in accordance with subsection (1)(c), be accompanied by a written statement setting out the grounds on which the revocation is sought.

Note

It is an offence to give false or misleading information in a statement required by or under this Act. See section 167.

S. 65(4) inserted by No. 87/2009 s. 41.

    (4)     If a person makes more than 2 applications under subsection (1) in respect of the same enforcement order, the person must obtain the leave of the Court before filing any third or subsequent application under subsection (3).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback