Victorian Consolidated Legislation

Infringements Act 2006 - SECT 37

Cancellation of infringement notice if person not aware

37. Cancellation of infringement notice if person not aware



(1) A person may apply to an infringements registrar to have an infringement
notice in respect of a lodgeable infringement offence cancelled if-

   (a)  the service of the infringement notice was not by personal service on
        the person; and

   (b)  the person was not in fact aware that an infringement notice had been
        served on the person.

(2) An application under subsection (1) must-

   (a)  be made within 14 days of the applicant becoming aware of the
        infringement notice; and

   (b)  be accompanied by a written statement setting out the grounds on which
        the cancellation is sought.

Note It is an offence to give false or misleading information in a statement
required by or under this Act. See section 167.

(3) If an application is made under subsection (1), the infringements
registrar must-

   (a)  stay the operation of the infringement notice; and

   (b)  refer the application to the Court for hearing and determination.

(4) On the referral to the Court under subsection (3), the Court must cause a
notice of the time and place of the hearing of the application to be given or
sent to the enforcement agency and to the applicant.