Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165DE

Director must give notice if applicant is not an eligible person

    (1)     This section applies if the Director, Fines Victoria determines that an applicant is not an eligible person in respect of an eligible offence.

    (2)     The Director, Fines Victoria must give written notice of the determination within 21 days of its making to the following—

        (a)     the applicant;

        (b)     any enforcement agency to which the Director, Fines Victoria has given a direction under section 165DB(1)(b).

    (3)     Within 21 days of the Director, Fines Victoria notifying an applicant that the applicant is not an eligible person, the person liable to pay the infringement penalty referred to in the application must—

        (a)     pay the infringement penalty and any fees that have been added to the infringement penalty under the Infringements Act 2006 , the Fines Reform Act 2014 or regulations made under either of those Acts; or

        (b)     take any other action in relation to the fine which the person may take under this Act, the Infringements Act 2006 or the Fines Reform Act 2014 .

    (4)     For the purposes of subsection (3)(a), a person is not liable for any fees related to any fine which is the subject of an application, being fees that accrue while the application is being determined.

    (5)     The period during which an enforcement agency that has been given a direction under subsection 165DB(1)(b) in relation to an eligible offence may commence a proceeding for that offence is extended by 6 months after the date of the notice given under subsection (2)(b).

Part 9—Authorised officers

Division 1—General



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