Victorian Numbered Acts Victorian Numbered ActsAt the end of Part 17 of the Co-operatives Act 1996 insert —
In this Division—
"authorised officer" means—
(a) an inspector appointed under Part 15;
(b) a member of the police force;
(c) a person authorised in writing by the Registrar.
(1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against a provision of this Act specified in Schedule 6.
(2) An infringement notice may be served on a person—
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the person at the person's last known place of residence or business.
An infringement notice must be in a form approved by the Registrar and must set out—
(a) the date of the notice;
(b) the provision of this Act that creates the offence;
(c) the date, time and place of the alleged offence;
(d) the nature and a brief description of the alleged offence;
(e) the infringement penalty for the alleged offence set out in the regulations;
(f) the manner in which the infringement penalty may be paid;
(g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;
(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served;
(i) that the person is entitled to disregard the notice and defend any proceedings in respect of the alleged offence in the Magistrates' Court;
(j) any other prescribed particulars.
An authorised officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—
(a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and
(b) the infringement notice has not been withdrawn.
(1) A member of the police force may withdraw an infringement notice issued by a member of the police force under this Division within 28 days after it was served.
(2) The Registrar may withdraw an infringement notice issued by any other authorised officer under this Division within 28 days after it was served.
(3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the person on whom the infringement notice was served.
(4) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the amount of the penalty must be refunded on the notice being withdrawn, and the Consolidated Fund is, to the necessary extent, appropriated accordingly.
(5) Proceedings for the offence in respect of which the infringement notice has been served may still be taken or continued despite the withdrawal of the notice.
If an infringement notice is not withdrawn and the infringement penalty is paid within the time specified in the notice or payment is accepted in accordance with section 456D, then—
(a) the person on whom the notice was served has expiated the offence by that payment; and
(b) no proceedings may be taken against that person in respect of that offence; and
(c) no conviction is to be taken to have been recorded against that person for the offence.
(1) An infringement penalty paid under this Division must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates.
(2) The payment of an infringement penalty under this Division is not and must not be taken to be—
(a) an admission of guilt in relation to the offence; or
(b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding.
(3) The payment of an infringement penalty under this Division must not be referred to in any report provided to a court for the purpose of determining sentence for any offence.
A charge may be filed in respect of an offence to which an infringement notice relates if—
(a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance with section 456D; or
(b) the notice is withdrawn.
Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if—
(a) the infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and
(b) the infringement penalty has not been paid within the time specified in the notice or in accordance with section 456D; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance with section 456H.'.