Victorian Consolidated Legislation

Infringements Act 2006 - SECT 49

Payment plans-additions, removals and cancellations

49. Payment plans-additions, removals and cancellations



(1) A person to whom a payment plan applies may request the addition of any
infringement penalty and prescribed costs in respect of an infringement
offence to that person's payment plan.

(2) A person to whom a payment plan applies may request-

   (a)  the removal of an infringement penalty and prescribed costs in respect
        of an infringement offence from that person's payment plan; or

   (b)  the cancellation of the payment plan.

(3) If an enforcement agency withdraws an infringement notice under this Act
or the Act or other instrument which establishes the infringement offence in
respect of which the infringement notice was served, the enforcement agency
must-

   (a)  in the case of a payment plan managed by the enforcement agency,
        remove the infringement penalty and any prescribed costs in respect of
        the infringement offence in relation to the withdrawn infringement
        notice from a person's payment plan; and

   (b)  in the case of a payment plan managed by the Secretary, request the
        Secretary to remove the infringement penalty and any prescribed costs
        in respect of the infringement offence in relation to the withdrawn
        infringement notice from a person's payment plan.

(4) If an infringement penalty and prescribed costs are removed from a payment
plan in accordance with a request of a person under subsection (2)(a) or an
enforcement agency under subsection (3), or a payment plan is cancelled in
accordance with subsection (2)(b), any money paid in respect of that
infringement penalty and prescribed costs is-

   (a)  to be allocated to the payment of the oldest infringement notice to
        which the infringement penalty and prescribed costs relate then
        remaining in the payment plan; or

   (b)  subject to subsection (5), if the removal or cancellation results in
        the completion of the payment plan and there is an overpayment, the
        person is entitled to a refund of any overpayment of money paid and-

   (i)  if the amount has been paid into the Consolidated Fund, the
        Consolidated Fund is, to the necessary extent, appropriated
        accordingly; or

   (ii) if the amount has been paid into another fund or account, the amount
        is to be refunded from that fund or account.

(5) A person is not entitled to a refund under subsection (4)(b) if at the
time the infringement penalty and prescribed costs are removed from the
payment plan or the payment plan is cancelled-

   (a)  that person has already paid in full the amount due for the
        infringement penalty and prescribed costs; and

   (b)  the infringement offence to which the infringement notice related has
        been expiated by that payment.