Victorian Current Acts

FINES REFORM ACT 2014 - SECT 10V

    (1)     This section applies if—

        (a)     an FVS eligible offence is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986 ; and

        (b)     the FVS eligible person was—

              (i)     the operator (within the meaning of Part 6AA of the Road Safety Act 1986 ) of a motor vehicle; and

              (ii)     not the driver, or in possession or control of that motor vehicle at the time of the offence.

    (2)     Within 21 days of receiving notice from the Director that the FVS applicant is an FVS eligible person, the FVS eligible person may make a written request to the Director for the suspension of enforcement action of an FVS eligible offence to which this section applies.

    (3)     If the Director receives a written request referred to in subsection (2), the Director may suspend any enforcement action that may be taken under this Act and the Infringements Act 2006 against the FVS eligible person in respect of the FVS eligible offence for a period not exceeding 6 months.

    (4)     If the Director suspends enforcement action under subsection (3), the Director may direct that an enforcement agency is to take no enforcement action in respect of the FVS eligible offence during the enforcement suspension period.

    (5)     If the Director suspends enforcement action under subsection (3) and the FVS eligible person makes an effective known user statement (within the meaning of Part 6AA of the Road Safety Act 1986 ), the suspension of enforcement ends.

    (6)     If an effective known user statement referred to in subsection (5) is cancelled under section 84BF of the Road Safety Act 1986 , the Director may refer the FVS eligible offence to the enforcement agency, who may take any action referred to in section 38(1)(a) with respect to the FVS eligible offence.

    (7)     In the circumstances referred to in subsection (8), the Director must—

        (a)     cancel the registration of each infringement penalty as an infringement fine and cease any enforcement action, in respect of the FVS eligible offence; and

        (b)     waive any additional fees and costs that have been added to the infringement penalty under this Act, the  Infringements Act 2006 , or regulations made under those Acts; and

        (c)     direct the enforcement agency to—

              (i)     withdraw the infringement notice for the FVS eligible offence by issuing a withdrawal notice that complies with section 19(a) and (b)(iii) of the Infringements Act 2006 ; and

              (ii)     take no further action in relation to the FVS eligible offence; and

        (d)     notify the FVS eligible person of any action the Director takes under this subsection.

    (8)     For the purposes of subsection (7), the specified circumstances are—

        (a)     the Director has not received a written request from the FVS eligible person referred to in subsection (2); or

        (b)     a written request referred to in subsection (2) has been made and no effective known user statement has been made by the FVS eligible person by the end of the period of enforcement suspension referred to in subsection (3).

    (9)     An enforcement agency that receives a direction under subsection (7)(c) must—

        (a)     withdraw the infringement notice within 28 days of receiving the direction; and

        (b)     notify the Director and the FVS eligible person of the withdrawal of the infringement notice.

Division 4—FVS ineligible persons

S. 10W inserted by No. 59/2017 s. 5.