Victorian Numbered Acts

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INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 49

Payment plans—additions, removals and cancellations

    (1)     A person to whom a payment plan applies may request the addition of any infringement penalty and prescribed costs in respect of an infringement offence to that person's payment plan.

    (2)     A person to whom a payment plan applies may request—

        (a)     the removal of an infringement penalty and prescribed costs in respect of an infringement offence from that person's payment plan; or

        (b)     the cancellation of the payment plan.

    (3)     If an enforcement agency withdraws an infringement notice under this Act or the Act or regulations which establishes the offence in respect of which the infringement notice was served, the agency must request the Secretary to remove the infringement penalty and any prescribed costs in respect of the infringement offence in relation to the withdrawn infringement notice from a person's payment plan.

    (4)     If an infringement penalty and prescribed costs are removed from a payment plan in accordance with a request of a person under sub-section (2)(a) or an enforcement agency under sub-section (3),     or a payment plan is cancelled in accordance with sub-section (2)(b), any money paid in respect of that infringement penalty and prescribed costs is—

        (a)     to be allocated to the payment of the oldest infringement notice to which the infringement penalty and prescribed costs relate then remaining in the payment plan; or

        (b)     subject to sub-section (5), if the removal or cancellation results in the completion of the payment plan and there is an overpayment, the person is entitled to a refund of any overpayment of money paid and—

              (i)     if the amount has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly; or

              (ii)     if the amount has been paid into another fund or account, the amount is to be refunded from that fund or account.

    (5)     A person is not entitled to a refund under sub-section (4)(b) if at the time the infringement penalty and prescribed costs are removed from the payment plan or the payment plan is cancelled—

        (a)     that person has already paid in full the amount due for the infringement penalty and prescribed costs; and

        (b)     the infringement offence to which the infringement notice related has been expiated by that payment.



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