Victorian Consolidated Legislation

Infringements Act 2006 - SECT 61

Effect of enforcement order

61. Effect of enforcement order



(1) If an enforcement order is made in relation to a lodgeable infringement
offence alleged to have been committed by a person-

   (a)  subject to sections 89 and 89A to 89D of the Road Safety Act 1986,
        section 215C of the Transport Act 1983 or sections 61A and 61BA of the
        Marine Act 1988 (as the case requires), the person is not to be taken
        to have been convicted of the offence; and

   (b)  subject to sections 89 and 89A to 89D of the Road Safety Act 1986,
        section 215C of the Transport Act 1983 or sections 61A and 61BA of the
        Marine Act 1988 (as the case requires), the person is not liable to
        any further proceedings for the offence alleged to have been
        committed; and

   (c)  the making of the enforcement order does not in any way affect or
        prejudice any civil claim, action or proceeding arising out of the
        same occurrence; and

   (d)  payment in accordance with the enforcement order is not an admission
        of liability for the purpose of, and does not in any way affect or
        prejudice, any civil claim, action or proceeding arising out of the
        same occurrence.

(2) Any amount recovered as a result of the making of an enforcement order
must be paid into the Consolidated Fund unless the relevant Act or other
instrument that creates the infringement offence directs that the amount be
paid into another fund.

(3) Despite anything to the contrary in this section, the making of an
enforcement order in relation to an offence which is a traffic infringement
within the meaning of the Road Safety Act 1986 does not prevent the incurring
of demerit points under section 25 of that Act in relation to the
infringement.

(4) Despite anything to the contrary in this section, the making of an
enforcement order-

   (a)  may be recorded for the purposes of a heavy vehicle registration
        suspension scheme within the meaning of section 89(7) of the
        Road Safety Act 1986; and

   (b)  does not prevent the suspension of the registration of a vehicle under
        that scheme.