Victorian Consolidated Legislation

Infringements Act 2006 - SECT 38

Powers of Court to cancel

38. Powers of Court to cancel



(1) On the referral of an application under section 37 to the Court, any of
the procedures set out in this Act that are being used for the enforcement of
the infringement penalty are, by force of this subsection, suspended pending
the determination of the application.

(2) The Court may only cancel an infringement notice in respect of a lodgeable
infringement offence if it is satisfied that, more than 14 days before making
an application under subsection (1), the person was not in fact aware that the
infringement notice had been served.

(3) If the Court cancels an infringement notice under this section-

   (a)  any infringement penalty and prescribed costs that have been paid in
        relation to the notice must be refunded and the Consolidated Fund or
        any other fund specified by the relevant Act or other instrument is,
        to the necessary extent, appropriated accordingly; and



   (b)  any of the procedures set out in this Act that are being used for the
        enforcement of any infringement penalty and prescribed costs (if any)
        in relation to the notice must be discontinued; and

   (c)  any enforcement order in relation to the infringement penalty and
        prescribed costs (if any) is revoked; and

   (d)  any infringement warrant issued in relation to the fine is cancelled.

(4) The cancellation of an infringement notice in respect of a lodgeable
infringement offence under this section does not prevent the service of a new
infringement notice in respect of the offence for which the cancelled
infringement notice was served.

Division 7-Going to Court-pre-lodgement stage