Victorian Consolidated Legislation

Infringements Act 2006 - SECT 39

Penalty to be refunded if election to go to Court is made

39. Penalty to be refunded if election to go to Court is made

If a person elects under this Part to have the matter of an infringement
offence heard and determined in the Court or the Children's Court, as the case
requires or an enforcement agency refers a matter to the Court under this Part
or to the Children's Court, as the case requires, the amount of any
infringement penalty paid by the person must be refunded and-

   (a)  if the penalty had been paid into the Consolidated Fund, the
        Consolidated Fund is, to the necessary extent, appropriated
        accordingly; or

   (b)  if the penalty had been paid into another fund or account, the penalty
        is to be refunded from that fund or account.