Victorian Current Acts Victorian Current ActsS. 87A(1) amended by Nos 21/2005 s. 58(3)(c) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(a), 48/2006 s. 42(Sch. item 26.3), 47/2014 s. 285(1), 17/2022 s. 103(1).
(1) If an infringement notice for an offence against section 73(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may apply to the Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act.
(2) An application under subsection (1) must—
(a) be made within 14 days of the applicant becoming aware of the notice; and
S. 87A(2)(b) amended by No. 17/2022 s. 103(2).
(b) be filed with the Director, Fines Victoria or registrar (as appropriate); and
S. 87A(2)(c) amended by No. 6/2018 s. 68(Sch. 2 item 87).
(c) be accompanied by a sworn or affirmed statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.
S. 87A(3) amended by Nos 32/2006 s. 85(7)(b), 47/2014 s. 285(2), repealed by No. 17/2022 s. 103(3).
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S. 87A(4) amended by Nos 21/2005 s. 58(3)(d) (as amended by No. 24/2005 s. 31(3)), 48/2006 s. 42(Sch. item 26.3), 17/2022 s. 103(4).
(4) The Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the infringement notice had been issued.
(5) On the granting of the extension of time—
S. 87A(5)(a) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(a), substituted by No. 47/2014 s. 285(3)(a).
(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006 , despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
S. 87A(5)(b) repealed by No. 9/2008 s. 42(1)(b), new s. 87A(5)(b) inserted by No. 47/2014 s. 285(3)(a).
(b) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006 , despite the doing of any thing or the taking of any step in relation to it under the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
S. 87A(5)(c) substituted by No. 9/2008 s. 42(1)(c).
(c) the period specified in the infringement notice as the period for payment of the infringement penalty does not apply and the extended period becomes the period in which payment of the infringement penalty must be made; and
S. 87A(5)(d) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 ss 38, 42(Sch. item 26.3), substituted by No. 47/2014 s. 285(3)(b).
(d) any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014 , any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of the Infringements Act 2006 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and
S. 87A(5)(e) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c)(d), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(1)(d), 47/2014 s. 285(3)(c).
(e) any of the procedures set out in the Fines Reform Act 2014 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the infringement penalty within the meaning of that Act or that Schedule, as the case requires, must be discontinued and any notice of final demand served or enforcement warrant issued, under that Act or that Schedule, as the case requires, ceases to have effect if the person takes a relevant action in relation to the notice within the extended period.
S. 87A(5)(f) amended by Nos 21/2005 s. 58(3)(e) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(c), 48/2006 s. 42(Sch. item 26.3), repealed by No. 9/2008 s. 42(1)(e).
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S. 87A(5)(g) repealed by No. 9/2008 s. 42(1)(e).
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(6) For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to an infringement notice if the person—
(a) pays the whole of the penalty shown on the infringement notice; or
S. 87A(6)(b) amended by No. 14/2007 s. 6(7), substituted by No. 9/2008 s. 42(2).
(b) gives a statement under section 84BE of the Road Safety Act 1986 to an enforcement official within the meaning of Part 6AA of that Act; or
S. 87A(6)(c) amended by No. 21/2005 s. 58(3)(f) (as amended by No. 24/2005 s. 31(3)), substituted by No. 32/2006 s. 85(7)(e), amended by No. 48/2006 s. 42(Sch. item 26.3), substituted by No. 9/2008 s. 42(2).
(c) elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the Infringements Act 2006 or, in the case of a child, elects to have the matter heard and determined in the Children's Court; or
S. 87A(6)(d) inserted by No. 32/2006 s. 85(7)(e), amended by No. 47/2014 s. 285(4)(a).
(d) is offered a payment plan in
accordance with the Infringements Act 2006 and the enforcement agency
under that Act receives the first payment under that plan from the person; or
S. 87A(6)(da) inserted by No. 47/2014 s. 285(4)(b), amended by No. 17/2022 s. 103(5).
(da) makes a payment arrangement in accordance with the Fines Reform Act 2014 and the Director, Fines Victoria receives the first payment under that payment arrangement from the person; or
S. 87A(6)(e) inserted by No. 32/2006 s. 85(7)(e), amended by No. 47/2014 s. 285(4)(c).
(e) in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) or (2) or (2A) of that Act.
S. 87A(7) amended by Nos 21/2005 s. 58(3)(f)(g) (as amended by No. 24/2005 s. 31(3)), 32/2006 s. 85(7)(f), 48/2006 s. 42(Sch. item 26.3), 9/2008 s. 42(3), 47/2014 s. 285(5), 17/2022 s. 103(6).
(7) If the Director, Fines Victoria or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005 ) of the Children's Court, as the case may be, grants an extension of time as referred to in subsection (1), an infringement notice may be withdrawn under section 18 of the Infringements Act 2006 even though the outstanding amount of an infringement fine is registered with the Director, Fines Victoria under the Fines Reform Act 2014 or registered under Schedule 3 to the Children, Youth and Families Act 2005 , as the case requires.
S. 87A(8) repealed by No. 9/2008 s. 42(4).
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S. 87A(9) inserted by No. 32/2006 s. 85(8).
(9) Despite anything to the contrary in this section or the Infringements Act 2006 , the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—
(a) applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment plan under section 46 of that Act, until—
(i) the person is notified that his or her application for a payment plan has been refused; or
(ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or
(iii) in the case of a payment plan that has commenced—
(A) the payment plan is cancelled under section 49(2)(b) of that Act; or
(B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or
(C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default.
S. 87A(10) inserted by No. 47/2014 s. 285(6) (as amended by No. 59/2017 s. 106).
(10) Despite anything to the contrary in this section, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—
(a) applied for enforcement review under section 32 of the Fines Reform Act 2014 which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment arrangement under the Fines Reform Act 2014 , until—
(i) the person is notified that the person's application for a payment arrangement has been refused; or
(ii) in the case of a proposed payment arrangement, the payment arrangement does not commence in accordance with section 47 of the Fines Reform Act 2014 ; or
(iii) in the case of a payment arrangement that has commenced—
(A) the payment arrangement is cancelled under section 49(2) of the Fines Reform Act 2014 ; or
(B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of the Fines Reform Act 2014 ; or
(C) the person receives written notice under section 56(2) of the Fines Reform Act 2014 advising the person that the person is in default.
S. 88 substituted by No. 102/1998 s. 23, amended by No. 8/2019 s. 123.