Victorian Consolidated Legislation

Infringements Act 2006 - SECT 18

Withdrawal of infringement notice

18. Withdrawal of infringement notice



(1) An enforcement agency may withdraw an infringement notice by serving a
withdrawal notice on the person served with the infringement notice-

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

   (b)  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;



   (c)  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) Subject to subsection (4), without limiting subsection (1), an enforcement
agency may withdraw an infringement notice if the enforcement agency
determines that-

   (a)  an official warning should be served on the person rather than an
        infringement notice; or

   (b)  proceedings are to be commenced against the person in respect of the
        infringement offence for which the infringement notice had been
        served; or

   (c)  the matter should be abandoned.

(3) Subject to subsection (4), an infringement notice may be withdrawn even if
the infringement penalty and prescribed costs (if any) have been paid.

(4) In the case of an infringement notice in respect of an infringement
offence requiring additional steps to be taken, the infringement notice cannot
be withdrawn for the purposes of commencing proceedings against the person in
respect of the offence for which the infringement notice had been served if
the person on whom the infringement notice was served-

   (a)  has paid the infringement penalty and prescribed costs (if any); and

   (b)  has taken all the required additional steps.

(5) If an infringement notice is withdrawn, the amount of any infringement
penalty and any prescribed costs paid must be refunded and-

   (a)  if the penalty and costs (if any) have been paid into the Consolidated
        Fund, the Consolidated Fund is, to the necessary extent, appropriated
        accordingly; or

   (b)  if the penalty and costs (if any) have been paid into another fund or
        account, the penalty and costs (if any) are to be refunded from that
        fund or account.

(6) 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.