Victorian Consolidated Legislation

Infringements Act 2006 - SECT 22

Application for internal review

22. Application for internal review



(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

   (b)  that special circumstances apply to the person; or

   (c)  the conduct for which the infringement notice was served should be
        excused having regard to any exceptional circumstances relating to the
        infringement offence.

(2) An application under subsection (1)-

   (a)  may be made-

   (i)  in the case of-

                (A)  a lodgeable infringement offence for which an
                     infringement notice was served on a person other than a
                     child, at any time before the details of the infringement
                     penalty in respect of that offence are lodged with an
                     infringements registrar under section 54; or

                (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

   (ii) 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; 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.