Victorian Current Acts Victorian Current Acts(1) If the Director determines that an FVS applicant is not an FVS eligible person in respect of an FVS eligible offence, the Director must give written notice of the determination within 21 days of its making to the enforcement agency.
(2) Within 21 days of the Director notifying an FVS applicant that the FVS applicant is not an FVS eligible person, the person liable to pay the fine referred to in the FVS application must—
(a) pay the fine, and subject to subsection (3), any related fees; or
(b) take any other action in relation to the fine which the person may take under this Act or the Infringements Act 2006 .
(3) For the purpose of subsection (2)(a), a person is not liable for any fees related to any fine which is the subject of an FVS application which accrue while the FVS application is being determined.
S. 10W(4) amended by No. 17/2022 s. 10.
(4) If the Director determines that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence under section 10T , an enforcement agency may, 21 days after the Director has notified the FVS applicant of their ineligibility, resume enforcement action in relation to the infringement offence.
(5) If an enforcement agency which receives notice under subsection (1) commences a proceeding for the alleged offence, the period during which a proceeding for that alleged offence may be commenced is extended by 6 months after the date of notice.
(6) Subsection (5) has effect despite section 7(1) of the Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.
Division 5—Referral of infringement offence to enforcement agency
S. 10X inserted by No. 59/2017 s. 5.