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ROAD SAFETY ACT 1986 - SECT 89BA

Extension of time to lodge statement under section 84BE

S. 89BA(1) amended by No. 47/2014 s. 303(1).

    (1)     If—

        (a)     a person is issued with a traffic infringement notice in respect of an excessive speed infringement; and

        (b)     the infringement notice is not delivered personally to the person and the person is not in fact aware, before the notice takes effect as a conviction, that it had been issued—

the person may apply to a registrar within the meaning of the Fines Reform Act 2014 or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, to have the time for giving a statement under section 84BE(1) extended.

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

        (a)     be made within 14 days of the applicant becoming aware of the notice; and

        (b)     be filed with the registrar; and

S. 89BA(2)(c) amended by No. 6/2018 s. 68(Sch. 2 item 109.3)

        (c)     be accompanied by an affidavit or by a statutory declaration setting out the grounds for the application.

S. 89BA(3) amended by No. 47/2014 s. 303(1).

    (3)     If an application is made under subsection (1) to a registrar within the meaning of the Fines Reform Act 2014 , the registrar must—

        (a)     refer the application to the Magistrates' Court; and

        (b)     cause a notice of the time and place of the hearing of the application to be given or sent to—

              (i)     the person who issued the infringement notice; and

              (ii)     the applicant.

    (4)     The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, must not grant an extension of time unless satisfied that the person was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued.

    (5)     If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, grants an extension of time


and if an enforcement official accepts a statement given by the person before the expiry of the extended time as an effective statement for the purposes of Part 6AA, the giving of the statement has the effect that—

        (a)     the conviction is set aside; and

        (b)     any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and

        (c)     any demerit points recorded as a result of the conviction are cancelled; and

        (d)     anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the conviction must be taken not to constitute that offence; and

S. 89BA(5)(e) amended by No. 47/2014 s. 303(2).

        (e)     any of the procedures set out in the Fines Reform Act 2014 or in Schedule 3 to the Children, Youth and Families Act   2005 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act or that Schedule, as the case requires, ceases to have effect; and

        (f)     the infringement notice is cancelled.

S. 89C inserted by No. 53/1989 s. 18.



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