Victorian Current Acts

FINES REFORM ACT 2014 - SECT 10S

    (1)     If an FVS application is made, the Director must direct an enforcement agency to suspend any enforcement action under this Act against the FVS applicant in respect of each FVS eligible offence referred to in the FVS application.

    (2)     A direction under subsection (1) must—

        (a)     include notice of—

              (i)     the FVS application; and

              (ii)     the suspension of enforcement action; and

        (b)     specify that enforcement action against the FVS applicant is suspended for the period specified in the direction.

    (3)     The suspension of enforcement action under subsection (1) begins from the time that the FVS application is made and ends on the later of—

        (a)     in the case of the Director having determined that the FVS applicant is not an FVS eligible person, the date of that determination; or

        (b)     in the case of the Director having determined that the FVS applicant is an FVS eligible person, the date of withdrawal of the infringement notice for the FVS eligible offence under section 10U(2)(a).

    (4)     Enforcement action for an infringement offence committed by an FVS applicant after an FVS application is made is not suspended, unless—

        (a)     the infringement offence is added to the application pursuant to a request under section 10P(1) and the enforcement agency is given notice of the FVS application; or

        (b)     the FVS applicant makes another FVS application that includes the infringement offence and an enforcement agency is given notice of the other FVS application.

Division 2—Determination of FVS application

S. 10T inserted by No. 59/2017 s. 5.