Victorian Numbered Acts Victorian Numbered Acts(1) If an infringement notice for an offence against section 69(1) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it had been issued, the person may apply to a Magistrates' Court registrar or a Children's Court registrar, as the case may be, to have an extension of time of 28 days to deal with the notice in accordance with this Act.
(2) An application under subsection (1) must—
(a) be made within 14 days of the applicant becoming aware of the notice; and
(b) be filed with the Magistrates' Court registrar or the Children's Court registrar, as the case may be; and
(c) be accompanied by a sworn or affirmed statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.
(3) If an application is made under subsection (1) to a Magistrates' Court registrar, the registrar must—
(a) refer the application to the Magistrates' Court constituted by a magistrate; and
(b) cause a notice of the time and place of the hearing of the application to be given or sent to—
(i) the person who served the infringement notice on the applicant or caused it to be served; and
(ii) the applicant.
(4) The Magistrates' Court or a Children's Court registrar, as the case may be, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making the application, that the infringement notice had been issued.