Victorian Consolidated Legislation

Infringements Act 2006 - SECT 40

Decision to go to Court-lodgeable infringement offences

40. Decision to go to Court-lodgeable infringement offences



(1) If a person elects under this Part to have the matter of a lodgeable
infringement offence heard and determined in the Court or an enforcement
agency refers a matter in respect of a lodgeable infringement offence to the
Court under this Part-

   (a)  the enforcement agency must lodge with the Court the prescribed
        information in respect of-

   (i)  the offender; and

   (ii) the infringement offence; and

   (iii) the enforcement agency; and

   (b)  the prescribed information lodged under paragraph (a) is deemed to be
        a charge in relation to the offence in respect of which the
        infringement notice was served; and

   (c)  the Court must-

   (i)  allocate a time and place of the hearing of the offence; and

   (ii) return the hearing details referred to in subparagraph (i) to the
        enforcement agency for service on the person who was served with the
        infringement notice; and

   (d)  at least 14 days prior to the hearing date, the enforcement agency
        must serve the details referred to in paragraphs (a) and (c)(i) on the
        person who was served with the infringement notice.

(2) Service under subsection (1)(d) may be by post to the person who was
served with the infringement notice at the address-

   (a)  provided by the person on whom the infringement notice was served; or

   (b)  on the infringement notice; or

   (c)  on the penalty reminder notice.

Note The Magistrates' Court Act 1989 applies to the enforcement of
infringement offences that are not lodgeable infringement offences.

(3) Subject to section 40A, without limiting any other powers of the Court,
the Court may proceed to hear and determine the matter of a lodgeable
infringement offence even though a charge has not been served on the person
who was served with the infringement notice.

Note See also section 41 of, and clause 7 of Schedule 2 to, the
Magistrates' Court Act 1989.

(4) This section does not apply to an infringement offence alleged to have
been committed by a child and the Children, Youth and Families Act 2005
applies in respect of such an infringement offence.