Victorian Current Acts

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

INFRINGEMENTS ACT 2006 - SECT 71

Decision to go to Court

S. 71 amended by No. 32/2006 s. 39(1).

    (1)     If a matter is referred to the Court under this Part or an order is made under section 72(1)—

        (a)     unless a request has been received from an enforcement agency under section 69, an infringements registrar must lodge with the Court the prescribed information in respect of—

              (i)     the offender; and

              (ii)     the infringement offence; and

              (iii)     the enforcement agency; and

S. 71(1)(b) amended by No. 68/2009 s. 97(Sch. item 70.16).

        (b)     the prescribed information lodged under paragraph (a) is deemed to be a charge-sheet, filed with the Court, charging the offence that was lodged with the infringements registrar under section 54; and

        (c)     the Court must—

              (i)     allocate a time and place of the hearing of the offence; and

              (ii)     at least 14 days prior to the hearing date, cause the hearing details referred to in subparagraph (i) and the prescribed information lodged under paragraph (a) to be served on the enforcement agency and the person who was served with the enforcement order notice.

S. 71(2) amended by No. 68/2009 s. 97(Sch. item 70.17).

    (2)     Without limiting any other powers of the Court, the Court may proceed to hear and determine the matter of a lodgeable infringement offence even though a charge-sheet has not been served on the person who was served with the infringement notice.

Note to s. 71(2) amended by No. 68/2009 s. 97(Sch. item 70.18).

Note

See also sections 80 and 85 of the Criminal Procedure Act 2009 .

S. 71A inserted by No. 9/2008 s. 22, amended by No. 68/2009 s. 97(Sch. item 70.19).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback