Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 25

Effect of notice of final demand in case of registered infringement fine

    (1)     If a notice of final demand is issued in relation to an infringement offence alleged to have been committed by a person—

        (a)     subject to sections 89 and 89A to 89D of the Road Safety Act 1986 , section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 (as the case requires), the person is not taken to have been convicted of the offence; and

        (b)     subject to sections 89 and 89A to 89D of the Road Safety Act 1986 , sections 95 and 96 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 or sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988 (as the case requires), the person is not liable to any further proceedings for the offence alleged to have been committed; and

        (c)     the issuing of the notice of final demand does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and

        (d)     payment in accordance with the notice of final demand is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

    (2)     Any amount recovered as a result of issuing a notice of final demand must be paid into the Consolidated Fund unless the relevant Act or other instrument that creates the infringement offence requires that the amount be paid into another fund.

    (3)     Despite anything to the contrary in this section, the issuing of a notice of final demand in relation to a traffic infringement does not prevent the incurring of demerit points under the Road Safety Act 1986 in relation to the traffic infringement.



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