Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165DC

    (1)     The Director, Fines Victoria must determine that an applicant is an eligible person in respect of an eligible offence if the Director is satisfied that—

        (a)     the applicant was served with an infringement notice in relation to the eligible offence; and

        (b)     the applicant is a prescribed person or a person included in a prescribed class.

    (2)     The Director, Fines Victoria must determine that an applicant is not an eligible person in respect of an eligible offence if the Director is satisfied that the criteria in subsection (1) are not met.

    (3)     If the Director, Fines Victoria determines that an applicant is an eligible person in respect of an eligible offence, the Director must reduce the infringement penalty in respect of the eligible offence—

        (a)     to the prescribed amount in respect of the eligible offence; or

        (b)     if a method for calculating the rate of reduction for an eligible offence is prescribed, the amount calculated in accordance with the prescribed method.

    (4)     If the Director, Fines Victoria reduces the infringement penalty in respect of the eligible offence, the infringement penalty is taken to be reduced in accordance with the determination.

    (5)     Despite subsection (4), if the applicant has already paid an amount in respect of the infringement penalty for the eligible offence that exceeds the infringement penalty as reduced, the person is not entitled to a refund of the excess.

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