Victorian Consolidated Legislation

Infringements Act 2006 - SECT 16

Person may elect to have matter heard in Court or Children's Court

16. Person may elect to have matter heard in Court or Children's Court





(1) A person served with an infringement notice may elect to have the matter
of the infringement offence heard and determined in the Court-

   (a)  in the case of a lodgeable infringement offence, at any time before an
        enforcement order is made;

   (b)  in the case of any other infringement offence, at any time before the
        expiry of the period for bringing a proceeding in relation to the
        offence to which the infringement notice relates.

(2) This section does not apply to infringement offences to which the
following provisions apply-

   (a)  sections 89A to 89D of the Road Safety Act 1986;



   (b)  section 215C of the Transport Act 1983;

   (c)  sections 61A and 61BA of the Marine Act 1988.





(3) Despite subsection (1), if a person served with an infringement notice is
a child, that person may elect to have the matter of the infringement offence
heard and determined in the Children's Court-

   (a)  in the case of an infringement offence for which an infringement
        penalty may be registered under clause 4 of Schedule 3 to the
        Children, Youth and Families Act 2005, at any time before an
        enforcement order under that Schedule is made;

   (b)  in the case of any other infringement offence, at any time before the
        expiry of the period for bringing a proceeding in relation to the
        offence to which the infringement notice relates.