Victorian Current Acts

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Enforcement agency may request non-prosecution of offence

    (1)     An enforcement agency may request an infringements registrar not to refer a matter to the Court under this Part by written notice filed with an infringements registrar within 21 days after service of a notice referred to in section 64(2) or 66(5) as the case requires.

    (2)     If an enforcement agency files a notice under subsection (1), the infringements registrar must—

        (a)     if the enforcement order has not been revoked—

              (i)     revoke the enforcement order and, on its revocation, the enforcement order ceases to have effect; and

              (ii)     not refer the matter to the Court; or

        (b)     if the enforcement order has been revoked, not refer the matter to the Court.

    (3)     An infringements registrar must notify the person against whom the enforcement order had been made—

        (a)     of the revocation of the enforcement order, if it was revoked under subsection (2)(a)(i); and

        (b)     that the matter will not be referred to the Court.

Division 4—Going to Court under this Part

S. 70 amended by No. 32/2006 s. 39(1).

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