Victorian Numbered Acts

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TRANSPORT (SAFETY SCHEMES COMPLIANCE AND ENFORCEMENT) ACT 2014 (NO. 27 OF 2014) - SECT 95

Effect of safety work infringement

    (1)     Subject to section 96, a safety work infringement takes effect, 28 days after the date of the notice, as a conviction of the offence specified in the notice, unless the rail safety worker to whom the notice was issued objects, within that time and in accordance with this section, to the infringement notice.

    (2)     A rail safety worker may object to the safety work infringement notice by giving written notice of the objection to the person specified for that purpose in the safety work infringement notice.

    (3)     A notice of objection must state—

        (a)     that the rail safety worker to whom the safety work infringement notice was issued refuses to pay the penalty; and

        (b)     that the rail safety worker requests that the matter be dealt with by a court; and

        (c)     that the rail safety worker intends to defend any charge arising out of the facts specified in the safety work infringement notice.

    (4)     The giving of notice of objection to the safety work infringement notice has the effect that—

        (a)     the safety work infringement notice is cancelled; and

        (b)     the rail safety worker to whom the safety work infringement notice was issued may only be proceeded against by the filing of a charge-sheet charging the alleged offence.



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