Victorian Current Acts

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INFRINGEMENTS ACT 2006 - SECT 66

Powers to revoke enforcement orders

    (1)     If an enforcement agency applies under section 65 for the revocation of an enforcement order

        (a)     an infringements registrar must revoke the enforcement order; and

        (b)     the enforcement order ceases to have effect on its revocation.

    (2)     If a person against whom an enforcement order has been made or a person acting on that person's behalf in accordance with section 65(1)(c) applies under section 65 for revocation of the enforcement order and an infringements registrar is satisfied that there are sufficient grounds for revocation—

        (a)     the infringements registrar must revoke the enforcement order; and

        (b)     an enforcement order ceases to have effect on its revocation.

S. 66(3) substituted by No. 29/2016 s. 77.

    (3)     On an application referred to in subsection (2), if an infringements registrar is not satisfied that there are sufficient grounds for revocation of an enforcement order, the infringements registrar must notify the applicant that—

        (a)     the enforcement order has not been revoked because of insufficient grounds to justify its revocation; and

        (b)     unless the applicant applies to have the application for revocation of an enforcement order referred to the Court under section 68, the applicant may apply to the Secretary for a work and development permit.

    (4)     An infringements registrar may—

        (a)     adjourn an application for revocation of an enforcement order; or

        (b)     if the infringement offence involves a motor vehicle and the infringements registrar is satisfied that the applicant was not the driver of the vehicle at the time of the offence and the applicant has nominated another driver—

              (i)     revoke the enforcement order; and

              (ii)     cancel the infringement notice.

S. 66(5) amended by No. 32/2006 s. 30(2).

    (5)     If an infringements registrar revokes an enforcement order, the infringements registrar must notify the enforcement agency, the person against whom the order was made and if an application was made under section 65(1)(c), the person who applied on behalf of the person against whom the enforcement order was made that—

        (a)     the enforcement order has been revoked; and

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

S. 66(6) repealed by No. 87/2009 s. 42.

    *     *     *     *     *

S. 66(7) inserted by No. 32/2006 s. 30(3).

    (7)     Nothing in this section limits the power of an infringements registrar or the Court to revoke an enforcement order on any other basis.



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