Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 25

What can an enforcement agency decide on review?

    (1)     Subject to sub-section (2), after reviewing a decision under section 24 , an enforcement agency may—

        (a)     confirm the decision to serve an infringement notice;

        (b)     withdraw the infringement notice and serve an official warning in place of the infringement notice;

        (c)         withdraw the infringement notice;

        (d)         withdraw the infringement notice and refer the matter to Court in accordance with this Part;

        (e)     in the case of an infringement offence involving additional steps, alter or vary those steps provided the alteration or variation is consistent with the Act or regulations establishing the offence;

        (f)     waive all or any prescribed costs;

        (g)     approve a payment plan;

        (h)     do any combination of any of the actions referred to in paragraphs (a) to (g).

    (2)     In the case of an application made under section 22(1)(b) on the grounds that special circumstances apply to the person served with the infringement notice, after reviewing a decision under section 24, an enforcement agency may—

        (a)     confirm the decision to serve an infringement notice;

        (b)     withdraw the infringement notice and serve an official warning in place of the infringement notice;

        (c)         withdraw the infringement notice.

    (3)     If an enforcement agency makes a decision under sub-section (2)(a) confirming the decision to serve the infringement notice, the enforcement agency must refer the matter to Court in accordance with this Part.



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