Victorian Numbered Acts

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 65

    (1)     Subject to sub-section (2), the following persons may apply to an infringements registrar at the venue of the Court at which an enforcement order was made for the revocation of the enforcement order—

        (a)     an enforcement agency; or

        (b)     a person against whom an enforcement order has been made; or

        (c)     without limiting paragraph (b), in the case of a person against whom an enforcement order has been made to whom special circumstances apply, a person acting on his or her behalf.

    (2)     An application under sub-section (1) cannot be made if—

        (a)     property has been seized under an infringement warrant other than     a seizure of a kind referred to in section 89;

        (b)     a declaration under section 91 has been made;

        (c)     a notice under section 101(2) has been served on a person;

        (d)     an attachment of earnings order or an attachment of debts order has been made;

        (e)     an order under section 136 that land is subject to a charge has been made;

        (f)     a person is arrested in accordance with Part 12.

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

        (a)     be filed with an infringements registrar; and

        (b)         if filed by the person against whom the enforcement order has been made or a person acting on that person's behalf in accordance with sub-section (1)(c), be accompanied by a written statement setting out the grounds on which the revocation 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.