Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165DB

Suspension of enforcement action for infringement offence the subject of application

    (1)     If an application is made under section 165CZ(1) the Director, Fines Victoria—

        (a)     must suspend any enforcement action, and not take any further enforcement action, under the Fines Reform Act 2014 against the applicant in respect of each eligible offence referred to in the application; and

        (b)         may direct an enforcement agency to suspend any enforcement action, and not take any enforcement action, under the Infringements Act 2006 against the applicant in respect of each eligible offence referred to in the application.

    (2)     A direction under subsection (1)(b) must—

        (a)     include notice of the application; and

        (b)     specify that, until the Director, Fines Victoria notifies the enforcement agency of the outcome of the application, the enforcement agency

              (i)     must suspend any enforcement action under the Infringements Act 2006 against the applicant in respect of each eligible offence referred to in the application; and

              (ii)     must not take any further enforcement action against the applicant in respect of each such eligible offence.

    (3)     The suspension of enforcement action under subsection (1)—

        (a)     begins when the application is received by the Director, Fines Victoria; and

        (b)         ends on the date notice is given to the enforcement agency of the outcome of the application.

S. 165DC inserted by No. 53/2021 s. 21.



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