Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 37

Cancellation of infringement notice if person not aware

    (1)     A person may apply to an infringements registrar to have an infringement notice in respect of a lodgeable infringement offence cancelled if—

        (a)     the service of the infringement notice was not by personal service on the person; and

        (b)     the person was not in fact aware that an infringement notice had been served on the person.

    (2)     An application under sub-section (1) must—

        (a)     be made within 14 days of the applicant becoming aware of the infringement notice; and

        (b)     be accompanied by a written statement setting out the grounds on which the cancellation is sought.

    Note:     It is an offence to give false or misleading information in a statement required by or under this Act. See section 167.

    (3)     If an application is made under sub-section (1), the infringements registrar must—

        (a)     stay the operation of the infringement notice; and

        (b)     refer the application to the Court for hearing and determination.

    (4)     On the referral to the Court under sub-section (3), the Court must cause a notice of the time and place of the hearing of the application to be given or sent to the enforcement agency and to the applicant.

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