Victorian Current Acts

FINES REFORM ACT 2014 - SECT 10X

    (1)     This section applies whether or not a person is an FVS eligible person.

    (2)     Despite anything to the contrary in this Part, the Director may cancel the enforcement of an infringement offence included in an FVS application and refer the matter back to the enforcement agency.

    (3)     In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director must consider the following—

        (a)     the number, frequency and nature of the FVS applicant's offences;

        (b)     whether, in relation to each offence—

              (i)     family violence substantially contributed to the FVS applicant being unable to control the conduct that constitutes the offence; or

              (ii)     the offence was an operator onus offence for the purposes of Part 6AA of the Road Safety Act   1986 and the person was the registered operator of the vehicle but was not the driver at the time of the offence;

        (c)     other FVS applications the FVS applicant has previously made.

    (4)     In determining whether an infringement offence is to be referred back to the enforcement agency under subsection (2), the Director may consider any other matter the Director considers relevant.

S. 10Y inserted by No. 59/2017 s. 5.