Victorian Current Acts

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Application for enforcement review

    (1)     A person served with a notice of final demand may apply to the Director for review of the decision by the enforcement agency to serve the infringement notice and to enforce the infringement fine under this Act if the person believes—

        (a)     that the decision—

              (i)     was contrary to law; or

              (ii)     involved a mistake of identity; or

S. 32(1)(b) substituted by No. 59/2017 s. 6.

        (b)     that special circumstances apply to the person, unless—

              (i)     the special circumstance referred to in the application is family violence; and

              (ii)     the person has made an FVS application; or

        (c)     that the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; or

S. 32(1)(d) substituted by No. 29/2016 s. 18(1).

        (d)     that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.

    (2)     An application under subsection (1) may be made by a person acting on behalf of a person who has a registered infringement fine with the consent of the person who has the registered infringement fine.

    (3)     An application under subsection (1)—

        (a)     must be in writing; and

        (b)     must state the grounds on which the decision should be reviewed; and

        (c)     must provide the applicant's current address for service of the notice under section 37(2) of the outcome of the enforcement review.

    (4)     An application for enforcement review must not be made if—

        (a)     the seven-day notice has expired; or

S. 32(4)(ab) inserted by No. 59/2017 s. 75.

        (ab)     a person has waived the unexpired period of the seven-day notice under section 36 of the Sheriff Act 2009 ; or

        (b)     a person has become a declared director; or

        (c)     an attachment of earnings direction or an attachment of debts direction has been made; or

        (d)     a land charge has been recorded; or

S. 32(4)(e) amended by No. 29/2016 s. 18(2).

        (e)     property has been seized under a vehicle seizure and sale notice; or

        (f)     an infringement fine has been paid.

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