Victorian Numbered Acts Victorian Numbered Acts(1) On the referral of an application under section 37 to the Court, any of the procedures set out in this Act that are being used for the enforcement of the infringement penalty are, by force of this sub-section, suspended pending the determination of the application.
(2) The Court may only cancel an infringement notice in respect of a lodgeable infringement offence if it is satisfied that, more than 14 days before making an application under sub-section (1), the person was not in fact aware that the infringement notice had been served.
(3) If the Court cancels an infringement notice under this section—
(a) any infringement penalty and prescribed costs that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or relevant regulation is, to the necessary extent, appropriated accordingly; and
(b) any of the procedures set out in this Act that are being used for the enforcement of any infringement penalty and prescribed costs (if any) in relation to the notice must be discontinued; and
(c) any enforcement order in relation to the infringement penalty and prescribed costs (if any) is revoked; and
(d) any infringement warrant issued in relation to the fine is cancelled.
(4) The cancellation of an infringement notice in respect of a lodgeable infringement offence under this section does not prevent the service of a new infringement notice in respect of the offence for which the cancelled infringement notice was served.