Victorian Numbered Acts Victorian Numbered Acts(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.