Victorian Consolidated Legislation

Infringements Act 2006 - SECT 17

Enforcement agency can refer matter to Court or Children's Court

17. Enforcement agency can refer matter to Court or Children's Court





(1) Subject to subsection (3), an enforcement agency may refer a matter for
which an infringement notice has been served to 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) In the case of an infringement notice served on a child, an enforcement
agency may withdraw the infringement notice and file a charge and summons in
the Children's Court for the matter to be dealt with at any time-

   (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, before an enforcement order
        under that Schedule is made;

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