Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD SAFETY (GENERAL) REGULATIONS 2009 (SR NO 115 OF 2009) - REG 80

Prescribed period for making statements

r. 80

    (1)     Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, the prescribed period is—

        (a)     in the case of an infringement notice served in respect of an excessive speed infringement, the period beginning on the date of the notice and ending immediately before a conviction takes effect under section 89A(2) of the Act; and

Note

Under section 89A(2) of the Act, a traffic infringement notice that is issued in respect of an excessive speed infringement, takes effect as a conviction for the offence specified in the notice 28 days after the date of the notice.

        (b)     in the case of an infringement notice served in respect of any other operator onus offence—

              (i)     if the infringement notice was served on a person other than a child and the offence is a lodgeable infringement offence within the meaning of the Infringements Act 2006 , the period beginning on the date of the notice and ending immediately before the details of the infringement penalty in respect of that offence are lodged under section 54 of that Act; or

              (ii)     if the infringement notice for that offence was served on a child, the period beginning on the date of the notice and ending immediately before the infringement penalty in respect of that offence is registered under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 ; or

              (iii)     if subparagraphs (i) and (ii) do not apply, the period beginning on the date of the notice and ending immediately before the expiry of the period for bringing a proceeding in relation to the offence to which the infringement notice relates.

Note

The period prescribed under paragraph (b) for making a statement under Part 6AA of the Act is the same period set out in section 22(2) of the Infringements Act 2006 for a person to apply to a relevant enforcement agency for internal review of a decision to serve an infringement notice under section 22 of the Infringements Act 2006 .

    (2)     If an extension of time to deal with, or object to, an infringement notice, has been granted under section 67 or 89B of the Act, the prescribed period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, is the extension of time granted under section 67 or 89B of the Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback