Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 24

Review by enforcement agency

    (1)         If an enforcement agency receives an application for review under section 22, the enforcement agency must—

        (a)     review the decision to serve an infringement notice on the person; and

        (b)         suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until—

              (i)     the review is complete; and

              (ii)     the applicant is sent advice of the outcome.

    (2)     An enforcement agency must ensure that a review under this section is conducted by a person who was not involved in making the decision to serve the infringement notice which is the subject of the review.

    (3)     An enforcement agency must review a decision and advise the applicant of the outcome of the review—

        (a)     within the prescribed time; or

        (b)     if an enforcement agency requests additional information under section 23 , within the period of the time prescribed for the purposes of paragraph (a) plus 21 days, whether or not the additional information was received by the agency.

    (4)     If an enforcement agency fails to comply with sub-section (3), the infringement notice is deemed to be withdrawn.

    (5)     Nothing in this section limits the power of an enforcement agency to review a decision to serve an infringement notice on any other basis.

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