Victorian Numbered Acts Victorian Numbered Acts(1) In section 66 of the Road Safety Act 1986 —
(a) in sub-section (2)(a), after
"Part 7" insert
", Part 2 of the Infringements Act 2006 ";
(b) in sub-section (2)(c)(i), after "Part 7" insert ", Part 2 of the Infringements Act 2006 ";
(c) in sub-section (3)(aab), for "registered under Schedule 7 to the Magistrates' Court Act 1989 or" substitute "lodged with an infringements registrar under Part 4 of the Infringements Act 2006 or registered";
(d) in sub-section (3AA)(c), for "courtesy letter under Schedule 7 to the Magistrates' Court Act 1989 or under Schedule 2A to the Children and Young Persons Act 1989 " substitute "penalty reminder notice under Part 2 of the Infringements Act 2006 ".
(2) In section 67 of the Road Safety Act 1986 —
(a) in sub-section (1), for "a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989 ) of the Magistrates' Court" substitute "an infringements registrar (within the meaning of the Infringements Act 2006 )";
(b) in sub-section (3) for "a
registrar of the Magistrates' Court" substitute
"an infringements registrar
within the meaning of the Infringements Act 2006 ";
(c) in sub-section (5)—
(i) in paragraph (a), for "Schedule 7 to the Magistrates' Court Act 1989 " substitute "the Infringements Act 2006 ";
(ii) in
paragraph (b) after "88(3)" insert
"or section 18 of the
Infringements Act 2006 ";
(iii) in paragraph (c), for " section 89(1)" substitute " section 32 of the Infringements Act 2006 ";
(iv) in paragraph (d), for "or (c)" substitute ", (c) or (e)";
(v) in paragraph (e), for "Schedule 7 to the Magistrates' Court Act 1989 " substitute "the Infringements Act 2006 ";
(vi) in paragraph (f), for "or (c)" substitute ", (c) or (e)";
(vii) in
paragraph (g), for "Schedule 7 to the Magistrates' Court Act 1989 "
substitute "the Infringements Act 2006 ";
s. 61
(viii) in paragraph (g), for "that Schedule" (where twice occurring) substitute "that Act or that Schedule, as the case requires,";
(ix) in paragraph (i), for "registration of the infringement penalty under Schedule 7 to the Magistrates' Court Act 1989 or" substitute "lodgement of the infringement penalty with an infringements registrar under Part 4 of the Infringements Act 2006 or registration of the infringement penalty under";
(d) for sub-section (6)(c) substitute —
"(c) serves a written statement on an enforcement official within the meaning of section 66(3) to the effect that the person declines to be dealt with under the Infringements Act 2006 or under Schedule 2A to the Children and Young Persons Act 1989 , as the case requires; or
(d) is offered a payment plan in accordance with the Infringements Act 2006 and the enforcement agency under that Act or the Secretary (as the case may be) receives the first payment under that plan from the person; or
(e) in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) of that Act or section 25(2) of that Act.".
(e) in sub-section (7), for "registered under Schedule 7 to the Magistrates' Court Act 1989 or" substitute "lodged with an infringements registrar under Part 4 of the Infringements Act 2006 or registered".
(3) After section 67(8) of the Road Safety Act 1986 insert —
"(9) Despite anything to the contrary in this section or the Infringements Act 2006 , the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has—
(a) applied for an internal review under section 22 of that Act which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment plan under section 46 of that Act, until—
(i) the person is notified that his or her application for a payment plan has been refused; or
(ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 48(2) of that Act; or
(iii) in the case of a payment plan that has commenced—
(A) the payment plan is cancelled under section 49(2)(b) of that Act; or
(B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or
(C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default.".