Victorian Numbered Acts Victorian Numbered Acts(1) For section 84(1) of the Melbourne City Link Act 1995 substitute —
"(1) In addition to and without limiting Division 5 of Part 2 of the Infringements Act 2006 —
(a) if the person pays the penalty shown in the infringement notice; or
(b) if the enforcement officer allows, at any time before the service of a summons in respect of the offence—
any debt that arose under section 72 as a result of the person driving in the toll zone on the day of the offence in the vehicle that was the subject of the offence is extinguished.".
(2) Sections 84(2) and 85(1) of the Melbourne City Link Act 1995 are repealed .
(3) Insert the following heading to section 86 of the Melbourne City Link Act 1995 —
"Application of Infringements Act procedure" .
(4) In section 86 of the Melbourne City Link Act 1995 —
(a) in sub-section (1), for "Schedule 7 to the Magistrates' Court Act 1989 " substitute "the Infringements Act 2006 ";
(b) in sub-section (2) for "Magistrates' Court Act 1989" substitute " Infringements Act 2006" .
(5) For section 86(3) of the Melbourne City Link Act 1995 substitute —
"(3) The Infringements Act 2006 applies as if an infringement notice under this Part were an infringement notice served in respect of a lodgeable infringement offence within the meaning of that Act.".
(6) In section 87 of the Melbourne City Link Act 1995 —
(a) 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";
(b) in sub-section (3A)(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 the Infringements Act 2006 ".
(7) In section 87A of the Melbourne City Link Act 1995 —
(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), for "Schedule 7 to the Magistrates' Court Act 1989 " (wherever occurring) substitute "the Infringements Act 2006 ";
(d) in sub-section (5)(e) for "that Schedule" (where twice occurring) substitute "that Act or that Schedule, as the case requires,";
(e) for sub-section (6)(c) substitute —
"(c) serves a written statement on an enforcement official within the meaning of section 87(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
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(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.".
(f) 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".
(8) After section 87A(8) of the Melbourne City Link Act 1995 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.".
See:
Act No.
94/1998.
Reprint No. 3
as at
5 April 2006
and amending
Act Nos
97/2005 and 8/2006.
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