Victorian Numbered Acts Victorian Numbered ActsFor section 67 of the Road Safety Act 1986 substitute —
(1) If a traffic infringement notice (other than a notice to which section 89A applies) 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 has been issued, the person may apply to a registrar (within the meaning of Schedule 7 to the Magistrates' Court Act 1989 ) of the Magistrates' Court to have an extension of time of 28 days to deal with the notice in accordance with this Act.
(2) An application under sub-section (1) must—
(a) be made within 14 days of the applicant becoming aware of the notice; and
(b) be filed with the registrar; and
(c) be accompanied by a sworn 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 sub-section (1) to a registrar of the Magistrates' Court, 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 traffic infringement notice on the applicant or caused it to be served; and
(ii) the applicant.
(4) The Magistrates' Court may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under sub-section (1), that the traffic infringement notice had been issued.
(5) On the granting of
the extension of time—
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(a) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under Schedule 7 to the Magistrates' Court Act 1989 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(b) any reference in sections 66(3) and 88(3) to a 28 day period must be read as a reference to the extended period; and
(c) the reference in section 89(1) to the period specified in the infringement notice for the payment of the penalty must be read as a reference to the extended period; and
(d) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the infringement notice is set aside if the person takes a relevant action referred to in sub-section (6)(b) or (c) in relation to the notice within the extended period; and
(e) any fine or part of a fine
within the meaning of Schedule 7 to the Magistrates' Court Act 1989 that has
been paid in relation to the infringement notice must be refunded (and the
Consolidated Fund is, to the necessary extent, appropriated accordingly) if
the person takes a relevant action in relation to the notice within the
extended period; and
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(f) any demerit points recorded as a result of the infringement notice are cancelled if the person takes a relevant action referred to in sub-section (6)(b) or (c) in relation to the notice within the extended period; and
(g) any of the procedures set out in Schedule 7 to the Magistrates' Court Act 1989 that are being used for the enforcement of the infringement penalty within the meaning of that Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and
(h) anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the infringement notice must be taken not to constitute that offence if the person takes a relevant action in relation to the notice within the extended period; and
(i) the reference in section 66(3)(aab) to the registration of the infringement penalty under Schedule 7 to the Magistrates' Court Act 1989 must be read as not including a reference to such a registration done before the extension of time was granted; and
(j) any period of cancellation,
disqualification or suspension, and any extension of probation, of a driver
licence or permit that—
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(i) resulted from the traffic infringement notice; and
(ii) occurred after the person became aware that the traffic infringement notice had been issued—
must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and
(k) a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended period.
(6) For the purposes of sub-section (5) a person who is granted an extension of time as referred to in sub-section (1) only takes a relevant action in relation to a traffic infringement notice if the person—
(a) pays the whole of the amount specified in the notice as payable in respect of the offence for which the notice was issued; or
(b) supplies a statement or declaration under section 66(3) to an enforcement official within the meaning of that section; or
(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 Part 2 of Schedule 7 to the
Magistrates' Court Act 1989 .
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(7) Despite anything to the contrary in section 88(3AA), if the Magistrates' Court grants an extension of time as referred to in sub-section (1), a traffic infringement notice may be withdrawn under section 88(3) even though the infringement penalty has been registered under Schedule 7 to the Magistrates' Court Act 1989 .
(8) The taking of a relevant action referred to in sub-section (6)(c) has the effect that the person may only be proceeded against by a charge filed for the alleged offence and, for this purpose, a charge may be filed not later than 12 months after the date of the service of the statement under that sub-section despite anything to the contrary in any other Act.".