Victorian Consolidated Regulations

ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 95

Reg. 95(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 77(a)).

    (1)     An appeal to the Magistrates' Court under section 26 of the Act against a decision of the Secretary must be made within 28 days
after—

        (a)     the date of the notice of the relevant decision, if the decision was not reviewed under Division 2; or

        (b)     the date of the notice of the relevant decision under Division 2, if the decision was reviewed under that Division.

Reg. 95(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 77).

    (2)     If the Secretary fails to give an affected person notice of the Secretary's decision as required by regulation 93(6), the person may appeal to the Magistrates' Court within 28 days after the end of the period referred to in that subregulation.

    (3)     An appeal to the Magistrates' Court under section 26A of the Act against the decision of a police officer must be made within 28 days after the police officer has taken the action under that section.

    (4)     An appeal to the Magistrates' Court under section 46H of the Act must be made within 28 days after the date on which the disqualification or suspension commences.