Victorian Consolidated Legislation

Infringements Act 2006 - SECT 24

Review by enforcement agency

24. Review by enforcement agency



(1) If an enforcement agency receives an application for review under section
22, the enforcement agency must-

   (a)  review the decision to serve an infringement notice on the person; and

   (b)  suspend any procedures that are being used for the enforcement of the
        infringement penalty in respect of the infringement offence until-

   (i)  the review is complete; and

   (ii) the applicant is sent advice of the outcome.

(2) An enforcement agency must ensure that a review under this section is
conducted by a person who was not involved in making the decision to serve the
infringement notice which is the subject of the review.

(3) An enforcement agency must-

   (a)  review a decision-

   (i)  within the prescribed time; or

   (ii) if an enforcement agency requests additional information under section
        23, within the prescribed period referred to in subparagraph (i) plus
        35 days, whether or not the additional information was received by the
        agency; and

   (b)  within 21 days of deciding the review, serve on the applicant a
        written notice advising of the outcome of the review.

(4) If an enforcement agency fails to comply with subsection (3), the
infringement notice is deemed to be withdrawn.

(5) Nothing in this section limits the power of an enforcement agency to
review a decision to serve an infringement notice on any other basis.