Victorian Current Acts

FINES REFORM ACT 2014 - SECT 38

S. 38(1) amended by No. 29/2016 s. 22(2).

    (1)     An enforcement agency that is served notice of an enforcement cancellation must, within 90 days of the date of that notice—

        (a)     do one of the following—

              (i)     withdraw the infringement notice and take no further action;

              (ii)     withdraw the infringement notice and issue an official warning;

              (iii)     withdraw the infringement notice and commence a proceeding for the alleged offence by filing a charge-sheet; and

        (b)     notify the applicant of the enforcement agency's decision.

    (2)     If the Director serves an enforcement cancellation on an applicant for enforcement review under section 32(1)(d)—

        (a)     the registration of the infringement penalty as an infringement fine is cancelled; and

        (b)     any additional fees and costs that have been added to the infringement penalty under this Act or the Infringements Act 2006 or the regulations under either Act are waived; and

        (c)     the Director must refer the matter back to the enforcement agency to be dealt with in accordance with the Infringements Act 2006 .

Example to s. 38(2)(c) amended by No. 29/2016 s. 22(3).

Example

The enforcement agency may withdraw the infringement notice, issue an official warning, file a charge-sheet in relation to the offence, issue a new infringement notice or enter into a payment plan with a person. See the Infringements Act 2006 .

S. 38A inserted by No. 29/2016 s. 23.