Victorian Consolidated Legislation

Infringements Act 2006 - SECT 25

What can an enforcement agency decide on review?

25. What can an enforcement agency decide on review?



(1) Subject to subsection (2), after reviewing a decision under section 24, an
enforcement agency may-

   (a)  confirm the decision to serve an infringement notice;

   (b)  withdraw the infringement notice and serve an official warning in
        place of the infringement notice;

   (c)  withdraw the infringement notice;

   (d)  withdraw the infringement notice and refer the matter to the Court in
        accordance with this Part or, in the case of an infringement notice
        served on a child, withdraw the infringement notice and file a charge
        and summons in the Children's Court for the matter to be dealt with in
        that Court;

   (e)  in the case of an infringement offence involving additional steps,
        alter or vary those steps provided the alteration or variation is
        consistent with the Act or other instrument establishing the offence;

   (f)  waive all or any prescribed costs;

   (g)  approve a payment plan;

   (h)  do any combination of any of the actions referred to in paragraphs (a)
        to (g).





(2) In the case of an application made under section 22(1)(b) on the grounds
that special circumstances apply to the person served with the infringement
notice, after reviewing a decision under section 24, an enforcement agency
may-

   (a)  confirm the decision to serve an infringement notice;

   (b)  withdraw the infringement notice and serve an official warning in
        place of the infringement notice;

   (c)  withdraw the infringement notice.

(3) If an enforcement agency makes a decision under subsection (2)(a)
confirming the decision to serve the infringement notice, the enforcement
agency must refer the matter to the Court in accordance with this Part or, in
the case of an infringement notice served on a child, withdraw the
infringement notice and file a charge and summons in the Children's Court for
the matter to be dealt with in that Court.