Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (3), if the Director is satisfied that a person has, without reasonable excuse, failed to comply with a requirement under section 125, 126 or 148, the Director may certify that failure to a court.
(2) Subject to subsection (3), if an inspector is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of the inspector under section 148 or 177, the inspector may certify that failure to a court.
(3) The Director or an inspector cannot certify a failure to a court under subsection (1) or (2) if the person to whom the failure relates has been charged with an offence against section 125(2), 126(3) or 169 (as applicable).
(4) If the Director or an inspector so certifies under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement within the period specified by the court.
(5) A certification of the Director under subsection (1) is to be taken to be evidence that a person has failed to comply with a requirement under section 125, 126 or 148, unless the person adduces evidence that—
(a) the requirement was complied with; or
(b) there was a reasonable excuse for failing to comply with the requirement.
(6) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence under section 125(2), 126(3) or 169 (as applicable) in respect of that failure.