Victorian Current Acts Victorian Current Acts(1) A person who has been served with an infringement notice or a person acting on that person's behalf with the first-mentioned person's consent, may apply to the relevant enforcement agency for review of the decision to serve the infringement notice if the person believes—
(a) the decision—
(i) was contrary to law; or
(ii) involved a mistake of identity; or
S. 22(1)(b) substituted by No. 59/2017 s. 113.
(b) that special circumstances apply to the person, unless—
(i) the special circumstance referred to in the application is family violence; and
(ii) the person has made an FVS application; or
S. 22(1)(c) amended by No. 29/2016 s. 64(1)(a).
(c) the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; or
S. 22(1)(d) inserted by No. 29/2016 s. 64(1)(b).
(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.
S. 22(2) amended by No. 29/2016 s. 64(2).
(2) An application under subsection (1)(a), (b) or (c)—
(a) may be made—
S. 22(2)(a)(i) substituted by No. 32/2006 s. 15(1).
(i) in the case of—
S. 22
(2)(a)(i)(A) substituted by No. 47/2014 s. 215(2)(b)
(as amended by No. 59/2017 s. 97).
(A) an infringement offence for which an infringement notice was served on a person, other than a child, at any time before the outstanding amount of an infringement penalty together with any penalty reminder notice fee are registered with the Director under the Fines Reform Act 2014 ; or
S.
22
(2)(a)(i)(B) amended by No. 48/2006 ss 40(2), 42(Sch.
item 18.3).
(B) an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005 ; and
S. 22
(2)(a)(ii) amended by No. 47/2014 s. 215(3).
(ii) in the case of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates; and
(b) must be in writing; and
(c) must state the grounds on which the decision should be reviewed; and
(d) must provide the applicant's current address for service of the notice under section 24(3) of the outcome of the decision; and
(e) may only be made once in relation to any one infringement offence in respect of the applicant.
S. 22(3) inserted by No. 29/2016 s. 64(3).
(3) An application under subsection (1)(d)—
(a) must be made within 14 days of the applicant becoming aware of the infringement notice; and
(b) must be in writing; and
(c) must state the grounds on which the decision should be reviewed; and
(d) must provide the applicant's current address for service of the notice of the outcome of the decision under section 24(3); and
(e) may only be made once in relation to any one infringement offence in respect of the applicant.
S. 22(4) inserted by No. 29/2016 s. 64(3).
(4) An enforcement agency must not consider an application under subsection (1)(d) if the applicant has not updated the person's authorised address (within the meaning of section 163A(3)) within 14 days of changing address.