CHILDREN, YOUTH AND FAMILIES ACT 2005 - SCHEDULE 3

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SCHEDULE 3

Schedule 3—Children and Young Persons Infringement Notice System

Sections 529, 581, 582, 592, 600

Part 1—Introductory

        1     Application of Schedule

    (1)     The procedures set out in this Schedule may be used for the enforcement of infringement penalties.

    (2)     If the procedures set out in this Schedule are used, they apply without prejudice to the application of so much of any other procedure as is consistent with this Schedule.

    (3)     The procedures set out in Part 2 may be used in relation to any infringement notice, whenever issued.

        2     Definitions

In this Schedule—

"appropriate officer", in relation to an infringement notice or an infringement penalty, means—

        (a)     a person who is the enforcement agency; or

        (b)     a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or

        (c)     a prescribed person or a person who is a member of a prescribed class of person;

"certificate" means a certificate under clause 3(1)(b);

"child" means a person who at the time of the alleged commission of an infringement offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when an application for registration is made in respect of the person under clause 3;

"enforcement agency", in relation to an infringement notice or an infringement penalty, means—

        (a)     a person or body authorised by or under an Act to take proceedings for the offence in respect of which the notice was issued; or

        (b)     a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or

        (c)     a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or

        (d)     a prescribed administrative unit; or

        (e)     a prescribed group of people;

"enforcement order" means an order under clause 8(3)(c), 8(3)(d), 8(3)(e), 8(3)(f) or 10(5);

Sch. 3 Pt 1 cl. 2 def. of infringement notice repealed by No. 59/2017 s. 109(1),

new def. of infringement notice inserted by No. 59/2017 s. 109(2).

"infringement notice" has the same meaning as it has in the Infringements Act 2006 ;

Sch. 3 Pt 1 cl. 2 def. of infringement offence inserted by No. 59/2017 s. 109(2).

"infringement offence" has the same meaning as it has in the Infringements Act 2006 ;

"infringement penalty" means the amount specified in an infringement notice as payable in respect of the offence for which the infringement notice was issued;

"penalty reminder notice" has the same meaning as it has in the Infringements Act 2006 ;

Sch. 3 Pt 1 cl. 2 def. of penalty reminder notice fee inserted by No. 59/2017 s. 109(2).

"penalty reminder notice fee" has the same meaning as it has in the Infringements Act 2006 ;

Sch. 3 Pt 1 cl. 2 def. of prescribed costs repealed by No. 59/2017 s. 109(1).

    *     *     *     *     *

"registered amount" means the amount registered by the registrar pursuant to clause 4 or if that amount is reduced by an enforcement order, that reduced amount;

Sch. 3 Pt 1 cl. 2 def. of registrar substituted by No. 26/2012 s. 12, amended by No. 29/2016 s. 107(1)(a).

"registrar" means principal registrar or registrar;

Sch. 3 Pt 1 cl. 2 def. of work and development permit inserted by No. 29/2016 s. 107(1)(b), amended by No. 29/2016 s. 107(2).

"work and development permit" has the same meaning as it has in the Fines Reform Act 2014 .

Part 2—Enforcement of infringement notices

        3     Application for registration of infringement penalty

    (1)     An enforcement agency may apply to have an infringement penalty registered by providing to a registrar—

        (a)     a document in the form required by the regulations containing the details required by the regulations in relation to a child—

              (i)     who has not paid an infringement penalty; or

Sch. 3 Pt 2 cl. 3(1)(a)(ii) substituted by No. 47/2014 s. 253(1)(a).

              (ii)     who has agreed to pay an infringement penalty by a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014 , but who has subsequently defaulted on payment of that plan or that payment arrangement; or

Sch. 3 Pt 2 cl. 3(1)(a)(iii) amended by Nos 29/2016 s. 108(a), 47/2014 s. 253(1)(b).

              (iii)     who has made a part payment of an infringement penalty otherwise than under a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014 , and has subsequently defaulted in making any further payment; or

Sch. 3 Pt 2 cl. 3(1)(a)(iv) inserted by No. 29/2016 s. 108(b).

              (iv)     who is not subject to a work and development permit; or

Sch. 3 Pt 2 cl. 3(1)(a)(v) inserted by No. 29/2016 s. 108(b).

              (v)     who was subject to a work and development permit but is no longer and the work and development permit is only partially completed; and

        (b)     a certificate in the prescribed form signed by an appropriate officer and certifying that in respect of each child referred to in the document the requirements set out in subclause (2), and any other prescribed requirements, have been satisfied.

    (2)     A certificate under subclause (1)(b) must certify that—

        (a)     an infringement notice has been served on the child; and

        (b)     a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; and

        (c)     a period of at least 28 days has passed since the penalty reminder notice was served; and

Sch. 3 Pt 2 cl. 3(2)(d) amended by No. 59/2017 s. 109(3).

        (d)     the infringement penalty and any penalty reminder notice fee had not been paid, whether in full or in part, before the certificate was issued; and

Sch. 3 Pt 2 cl. 3(2)(e) substituted by No. 47/2014 s. 253(2).

        (e)     if a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014 applies to the child in relation to the infringement penalty, the child has defaulted in making a payment under the payment plan or payment arrangement and a specified amount still remains to be paid under that payment plan or payment arrangement; and

Sch. 3 Pt 2 cl. 3(2)(f) amended by Nos 59/2017 s. 109(3), 47/2014 s. 253(3).

        (f)     if a part payment of the infringement penalty and penalty reminder notice fee has been made (otherwise than under a payment plan under the Infringements Act 2006 or a payment arrangement under the Fines Reform Act 2014 ) but no further payment has been made and a specified amount still remains to be paid; and

        (g)     the child has not, under Part 2 of the Infringements Act 2006 elected to have the matter of the infringement offence heard and determined in the Court; and

Sch. 3 Pt 2 cl. 3(2)(h) amended by No. 68/2009 s. 87(3)(a).

        (h)     a charge-sheet in relation to the offence has not been filed; and

Sch. 3 Pt 2 cl. 3(2)(i) amended by Nos 68/2009 s. 87(3)(a), 64/2010 s. 55.

              (i)     a charge-sheet may still be filed in relation to the offence; and

Sch. 3 Pt 2 cl. 3(2)(j) substituted by No. 81/2006 s. 31(2).

        (j)     if the infringement notice was served under section 87 of the Road Safety Act 1986 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence; and

Sch. 3 Pt 2 cl. 3(2)(k) substituted by No. 81/2006 s. 31(2).

        (k)     if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the motor vehicle or trailer involved in the offence; and

Sch. 3 Pt 2 cl. 3(2)(l) substituted by Nos 81/2006 s. 31(2), 9/2008 s. 41.

        (l)         if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence; and

Sch. 3 Pt 2 cl. 3(2)(m) substituted by No. 9/2008 s. 41, amended by No. 8/2019 s. 88(1).

        (m)     if the infringement notice was issued in respect of an offence under section 204 of the EastLink Project Act 2004 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence; and

Sch. 3 Pt 2 cl. 3(2)(n) inserted by No. 8/2019 s. 88(2), amended by No. 18/2020 s. 124(1)(a).

        (n)     if the infringement notice was issued in respect of an offence under section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence; and

Sch. 3 Pt 2 cl. 3(2)(o) inserted by No. 18/2020 s. 124(1)(b).

        (o)     if the infringement notice was issued in respect of an offence against section 69(1) of the North East Link Act 2020 , the child was at the time of the alleged offence the responsible person (within the meaning of Part 6AA of the Road Safety Act 1986 ) in relation to the vehicle involved in the offence.

        4     Registration of infringement penalty

Sch. 3 Pt 2 cl. 4(1) amended by No. 59/2017 s. 109(4).

    (1)     If it appears to the registrar from the certificate provided under clause 3(1)(b) that the requirements listed in clause 3(2) and any other prescribed requirements have been satisfied in relation to a child referred to in the document provided with the certificate, the registrar may register the infringement penalty or the part of the infringement penalty together with any penalty reminder notice fee for the purpose of enforcement under this Part.

    (2)     The amount registered by the registrar pursuant to subclause (1) in respect of a child must not exceed the amount of a fine that the Court may impose under section 373.

    (3)     Despite subclause (1), the registrar must not register an infringement penalty that is for an amount less than the amount, if any, specified by the regulations for the purposes of this subclause.

Sch. 3 Pt 2 cl. 4A

inserted by No. 29/2016 s. 109(1).

        4A     Extended period for registration

Sch. 3 Pt 2 cl. 4A(1) amended by Nos 59/2017 s. 109(5), 29/2016 s. 109(2).

    (1)     If a work and development permit to which a child who was served with an infringement notice was subject has been cancelled under section 10E of the Fines Reform Act 2014 , the time period within which the registrar may register the infringement penalty or part of the infringement penalty together with any penalty reminder notice fee is no more than 6 months after the date on which the work and development permit is cancelled under that section.

    (2)     Subclause (1) has effect despite section 7(1) of the  Criminal Procedure Act 2009 or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.

        5     Enforcement agency may request cancellation of registration

    (1)     The enforcement agency may, by notice in the prescribed form filed with the registrar at any time before the registrar makes an order under clause 8 in respect of an infringement penalty or part of an infringement penalty, request the registrar to cancel the registration of the infringement penalty or part.

    (2)     A registrar must comply with a request made in accordance with subclause (1).

        6     Child's options

    (1)     On registering an amount in relation to a child under clause 4, the registrar must cause to be sent by post to the child at the address contained in the document provided under clause 3(1)(a) or any other address given by that child a notice in writing setting out the matters referred to in subclauses (2), (3) and (4).

    (2)     A child may—

        (a)     pay to the Court the registered amount on or before the date specified in the notice; or

        (b)     make an application referred to in clause 7; or

        (c)     apply for an order under clause 8 that payment of the registered amount not be enforced; or

        (d)     appear before the registrar on the date specified in the notice; or

        (e)     request that consideration of the matter be deferred to another date so that the child may appear before the registrar; or

Sch. 3 Pt 2 cl. 6(2)(ea) inserted by No. 26/2009 s. 12(1), amended by No. 6/2010 s. 203(1)

(Sch. 6 item 6.1).

        (ea)     in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, request that consideration of the matter be deferred to another date so that the child may undertake a program approved under section 227A(2) of that Act; or

        (f)     decline to be dealt with by the registrar and request that the matter of the alleged offence in respect of which the infringement notice was issued be heard and determined by the Court; or

        (g)     do nothing and leave the matter of the infringement notice to be dealt with by the registrar on the date specified in the notice.

    (3)     In addition to subclause (2), a child may provide to the registrar information in writing by or on behalf of the child in relation to—

        (a)     the child's employment or school attendance;

        (b)     the child's personal and financial circumstances.

    (4)     If a child wishes to exercise the option referred to in subclause (2)(c), the child must make the application to the registrar in the prescribed form.

    (5)     If a child wishes to exercise the option referred to in subclause (2)(f)—

        (a)     the child must notify the registrar on or before the date specified in the notice under subclause (1); and

        (b)     on receipt of the child's notification, the registrar must cancel the registration of the infringement penalty and remit the infringement notice to the enforcement agency.

Sch. 3 Pt 2 cl. 6(6) amended by No. 68/2009 s. 87(3)(b).

    (6)     Nothing in this Schedule prohibits an enforcement agency from filing a charge-sheet with the Court in respect of an infringement notice that has been remitted to it under subclause (5)(b).

        7     Applications concerning time to pay registered amount

    (1)     A child in respect of whom an amount has been registered under clause 4 may apply to the registrar personally or in writing or in any other manner approved by the registrar for one or more of the following—

        (a)     an order that the time within which the registered amount is to be paid be extended; or

        (b)     an order that the registered amount be paid by instalments; or

        (c)     an order for the variation of an instalment order.

    (2)     On receipt of an application under subclause (1), the registrar may do one or more of the following—

        (a)     allow additional time for the payment of the registered amount or the balance of the registered amount;

        (b)     direct payment of the registered amount to be made by instalments;

        (c)     direct payment of the registered amount or instalments to be made at the time or times specified by the registrar;

        (d)     vary the amount of instalments.

        8     Enforcement order

    (1)     Subject to subclause (2), if an infringement penalty or part of an infringement penalty has been registered in respect of a child under clause 4, the registrar must consider the matter on the day specified in the notice under clause 6 if—

        (a)     the child has not paid the infringement penalty or the part of the infringement penalty; and

        (b)     the child has not declined to be dealt with by the registrar; and

        (c)     an order has not been made under clause 7 in respect of the infringement penalty.

    (2)     Subject to any application made by the child, the registrar may adjourn or abridge the time for considering the matter.

    (3)     After hearing the child, if the child appears before the registrar, and after considering any information provided to the registrar under clause 6(3), the registrar may—

        (a)     cancel the registration of the infringement penalty or the part of the infringement penalty and remit the infringement notice to the enforcement agency if—

              (i)     the child contests the matter of the alleged offence in respect of which the infringement notice was issued; or

              (ii)     the child declines to be dealt with by the registrar; or

              (iii)     the registrar is otherwise satisfied that it is appropriate to do so; or

        (b)     defer making a decision to a later date on which the child is to appear before the registrar; or

Sch. 3 Pt 2 cl. 8(3)(ba) inserted by No. 26/2009 s. 12(2), amended by No. 6/2010 s. 203(1)

(Sch. 6 item 6.2).

        (ba)     in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, defer making a decision to a later date so that the child may attend a program approved under section 227A(2) of that Act; or

        (c)     make an order confirming the infringement penalty or part and order that the child pay to the Court the registered amount; or

        (d)     make an order reducing the registered amount and order that the child pay to the Court the registered amount as so reduced; or

        (e)     if the registrar is satisfied that the child has paid the registered amount, make an order confirming the infringement penalty or part; or

Sch. 3 Pt 2 cl. 8(3)(ea) inserted by No. 26/2009 s. 12(3), amended by No. 6/2010 s. 203(1)

(Sch. 6 item 6.2).

        (ea)     in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, if the registrar is satisfied that the child has undertaken a program approved under section 227A(2) of that Act, order that payment of the registered amount that remains unpaid not be enforced; or

        (f)     if the registrar is satisfied on an application under clause 6(4) or otherwise, that it is appropriate to do so, order that payment of the registered amount that remains unpaid not be enforced.

    (4)     In exercising his or her discretion under subclause (3), the registrar must have regard to—

        (a)     the child's employment or school attendance; and

        (b)     the child's personal and financial circumstances.

    (5)     An order made under subclause (3) must not require payment of an amount exceeding the amount of a fine that the Court may impose under section 373.

    (6)     An enforcement order is deemed to be an order of the Court—

        (a)     in the case of an order made under subclause (3)(c) or (3)(d), on the expiry of 28 days after the making of the order unless an application is made under clause 10 within that period;

        (b)     in the case of an order made under subclause (3)(e), on the day that it is made;

        (c)     in the case of an order made under subclause (3)(f), on the expiry of 14 days after the making of the order unless an application is made under clause 10 within that period.

    (7)     A child in relation to whom an enforcement order is made may apply for an order under clause 7.

        9     Notice of enforcement order

    (1)     Not later than 3 working days after the making of an enforcement order, the registrar must cause a notice in the prescribed form to be sent by post to the child against whom the order is made at the address contained in the document provided under clause 3(1)(a) or any other address given by the child.

    (2)     If the registrar orders that payment of a registered amount that remains unpaid not be enforced, the registrar must give notice of the order and a copy of any information provided by the child under clause 6(3) to the enforcement agency not later than 3 working days after the making of the order.

        10     Court review of enforcement order

    (1)     If the registrar makes an order under clause 8(3)(c) or 8(3)(d), the child may, by notice in writing to the Court within 28 days after the registrar's decision, apply to the Court for a review of the registrar's order.

    (2)     If the registrar makes an order under clause 8(3)(f), the enforcement agency may, by notice in writing to the Court within 14 days after the date of the order, apply to the Court for a review of the registrar's order.

    (3)     On receipt of a notice under subclause (1) or (2), the registrar must cause notice of the time and place of hearing of the review to be given or sent to the child and the enforcement agency.

    (4)     On a review under this clause, the child and the enforcement agency are entitled to appear.

    (5)     On a review under this clause, the Court may make an order—

        (a)     confirming the registrar's order; or

        (b)     requiring the child to pay an amount not exceeding the amount of a fine that the Court may impose under section 373; or

        (c)     that payment of the registered amount that remains unpaid not be enforced.

        11     Enforcement hearing

    (1)     If—

        (a)     an order is made under clause 7, 8(3)(c), 8(3)(d) or 10(5) in respect of a person; and

        (b)     for a period of more than one month the person defaults in the payment of an amount ordered to be paid or of any instalment under an instalment order—

the Court may, by notice in writing served on the person, require the person to appear before the Court at a specified time and place for an enforcement hearing.

    (2)     On an enforcement hearing, the Court may make any order that it could make under section 378.

        12     Effect of enforcement order

    (1)     If an enforcement order is made in relation to an offence alleged to have been committed by a child—

        (a)     the child is not thereby to be taken to have been convicted of the offence; and

        (b)     the child is not liable to any further proceedings for the alleged offence; and

        (c)     the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence; and

        (d)     payment in accordance with the order is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

    (2)     Any amount recovered as a result of the making of an enforcement order is to be dealt with in the same way as an amount recovered as a result of a conviction.

Sch. 3 Pt 2 cl. 12(3) amended by No. 74/2013 s. 8.

    (3)     Despite anything to the contrary in this clause, the making of an enforcement order in relation to an offence which is a traffic infringement within the meaning of the Road Safety Act 1986 does not prevent the incurring of demerit points under Part 4 of that Act in relation to that infringement.

Sch. 3 Pt 2 cl. 12(4) repealed by No. 30/2013 s. 60(Sch. item 3).

    *     *     *     *     *

        13     Expiry of enforcement order

    (1)     An enforcement order expires—

        (a)     if an order is made under clause 7 in relation to the enforcement order—

              (i)     on the payment in full of the registered amount; or

              (ii)     if one or more payments are made under the order but the registered amount is not paid in full, 3 years after the receipt of the last payment; or

              (iii)     in any other case, 3 years after the making of the order under clause 7;

        (b)     if a warrant to seize property has been issued in respect of the order, on that warrant becoming void under section 529;

        (c)     if an order is made under clause 8(3)(f), on the making of that order;

        (d)     in any other case, 3 years after the order was made.

    (2)     If both subclauses (1)(a) and (1)(b) apply, the enforcement order expires on the warrant to seize property becoming void.

    (3)     If an enforcement order expires as a result of this clause, any registered amount still outstanding in respect of which the order was made ceases to be enforceable or recoverable.

    (4)     On the expiry of an enforcement order, any warrant to seize property that was issued in respect of that order is void.

    (5)     An enforcement order that has expired may be reinstated by the registrar on the application of the enforcement agency.

    (6)     Despite subclause (3), if an enforcement order is reinstated, the registered amount in respect of which it was made again becomes enforceable or recoverable as if there had been no cessation.

    (7)     Subclause (1) does not apply to a reinstated enforcement order.

    (8)     A reinstated enforcement order expires 3 years after it was reinstated.

    (9)     This clause does not apply to an enforcement order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of the Commonwealth.

        14     Service of documents

    (1)     All documents required or permitted by this Schedule to be given or served, may be served personally or by post or in any other prescribed manner.

    (2)     Any document served by post under this Part must be addressed—

        (a)     to the address for service given by the person on whom the document is to be served; or

        (b)     if no address for service has been given, to the address contained in the document provided under clause 3(1)(a).

Part 3—Cancellation of infringement notice

        15     Cancellation of infringement notice if person not aware

    (1)     A child or a person on that child's behalf may apply to a registrar to have an infringement notice cancelled if—

        (a)     the service of the infringement notice was not by personal service on the child; and

        (b)     the child was not in fact aware that an infringement notice had been served on the child.

    (2)     An application under subclause (1) must—

        (a)     be made within 14 days of the child becoming aware of the infringement notice; and

        (b)     be accompanied by a written statement setting out the grounds on which the cancellation is sought.

    (3)     If an application is made under subclause (1), a registrar must—

        (a)     stay the operation of the infringement notice; and

        (b)     refer the application to the Court for hearing and determination.

    (4)     On the referral to the Court under subclause (3), the Court must cause a notice of the time and place of the hearing of the application to be given or sent to the enforcement agency and to the applicant.

        16     Powers of Court to cancel

    (1)     On the referral of an application under clause 15 to the Court, any of the procedures set out in this Schedule that are being used for the enforcement of the infringement penalty are, by force of this subclause, suspended pending the determination of the application.

    (2)     The Court may only cancel an infringement notice if it is satisfied that, more than 14 days before making an application under subclause (1), the person was not in fact aware that the infringement notice had been served.

    (3)     If the Court cancels an infringement notice under this clause—

Sch. 3 Pt 3 cl. 16(3)(a) amended by No. 59/2017 s. 109(6).

        (a)     any infringement penalty and penalty reminder notice fee that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or other instrument into which the penalty and fee have been paid is, to the necessary extent, appropriated accordingly; and

Sch. 3 Pt 3 cl. 16(3)(b) amended by No. 59/2017 s. 109(7).

        (b)     any of the procedures set out in this Schedule that are being used for the enforcement of any infringement penalty and penalty reminder notice fee (if any) in relation to the notice must be discontinued; and

Sch. 3 Pt 3 cl. 16(3)(c) amended by No. 59/2017 s. 109(7).

        (c)     any enforcement order in relation to the infringement penalty and penalty reminder notice fee (if any) is revoked; and

Sch. 3 Pt 3 cl. 16(3)(d) amended by No. 59/2017 s. 109(7).

        (d)     any warrant issued in relation to the infringement penalty and penalty reminder notice fee is cancelled.

    (4)     The cancellation of an infringement notice under this clause does not prevent the service of a new infringement notice in respect of the offence for which the cancelled infringement notice was served.

Sch. 3 Pt 4 (Heading and cl. 17) inserted by No. 18/2010 s. 47.

Part 4—Extension of time for commencing proceeding

Sch. 3 Pt 4 cl. 17 inserted by No. 18/2010 s. 47.

        17     Decision to go to Court

    (1)     A proceeding in respect of a summary offence for which an infringement notice was issued may be commenced—

        (a)     in accordance with section 344A; or

Sch. 3 Pt 4 cl. 17(1)(ab) inserted by No. 29/2016 s. 110.

        (ab)     in accordance with section 41A of the Infringements Act 2006 ; or

Sch. 3 Pt 4 cl. 17(1)(b) amended by No. 64/2010 s. 56(1).

        (b)     in accordance with section 53 of the Infringements Act 2006 ; or

Sch. 3 Pt 4 cl. 17(1)(ba) inserted by No. 64/2010 s. 56(2).

        (ba)     if an infringement notice is reviewed under Division 3 of Part 2 of the Infringements Act 2006 , within 6 months after the date of service of the advice of the outcome on the applicant under section 24(3) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or

        (c)     if, under clause 6(5)(b) or 8(3)(a), the registrar cancels the registration of an infringement penalty and remits the relevant infringement notice to the enforcement agency, within 6 months after the date of cancellation of the registration of the infringement penalty or 12 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(d) amended by No. 27/2011 s. 9.

        (d)     if the Court cancels an infringement notice under Part 3 of this Schedule and a new infringement notice is served on the child, within 6 months after the date of cancellation of the cancelled infringement notice or 12 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(e) amended by Nos 8/2019 s. 89(1), 18/2020 s. 124(2)(a).

        (e)     if a person has nominated the child for an offence committed under the Road Safety Act 1986 , the Melbourne City Link Act 1995 , the EastLink Project Act 2004 , the  West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or the  North East Link Act 2020 , within 6 months after the date of service of the infringement notice on the child or 12 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(f) substituted by No. 8/2019 s. 89(2).

        (f)     if a nomination of a kind specified in paragraph (e) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination—

              (i)     for an offence committed under the  Road Safety Act 1986 , within 6 months after the date of cancellation of the nomination or 12 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(f)(ii) amended by No. 18/2020 s. 124(2)(b).

              (ii)     for an offence committed under section 204 of the EastLink Project Act 2004 , section 73 of the Melbourne City Link Act 1995 ,  section 32 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 or section 69 of the North East Link Act 2020 , within 6 months after the date of cancellation of the nomination or 15 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(g) amended by No. 8/2019 s. 89(3).

        (g)     subject to paragraph (e), if the offence is against section 204 of the EastLink Project Act 2004 , within 6 months after the date of service of the infringement notice under section 210(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(h) amended by No. 8/2019 s. 89(4).

        (h)     subject to paragraph (e), if the offence is against section 73 of the Melbourne City Link Act 1995 , within 6 months after the date of service of the infringement notice under section 80(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(i) inserted by No. 8/2019 s. 89(5), amended by No. 18/2020 s. 124(2)(c).

              (i)     subject to paragraph (e), if the offence is against section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 , within 6 months after the date of service of the infringement notice under section 45(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or

Sch. 3 Pt 4 cl. 17(1)(j) inserted by No. 18/2020 s. 124(2)(d).

        (j)     subject to paragraph (e), if the offence is against section 69(1) of the North East Link Act 2020 , within 6 months after the date of service of the infringement notice under section 83(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier).

    (2)     Subclause (1) has effect despite section 344A or any other provision of any Act or other instrument providing for the period during which a proceeding may be commenced for an offence alleged to have been committed.

Sch. 4 substituted by No. 48/2006 s. 30.