Victorian Consolidated Legislation

Infringements Act 2006 - SECT 66

Powers to revoke enforcement orders

66. Powers to revoke enforcement orders



(1) If an enforcement agency applies under section 65 for the revocation of an
enforcement order-

   (a)  an infringements registrar must revoke the enforcement order; and

   (b)  the enforcement order ceases to have effect on its revocation.

(2) If a person against whom an enforcement order has been made or a person
acting on that person's behalf in accordance with section 65(1)(c) applies
under section 65 for revocation of the enforcement order and an infringements
registrar is satisfied that there are sufficient grounds for revocation-

   (a)  the infringements registrar must revoke the enforcement order; and

   (b)  an enforcement order ceases to have effect on its revocation.

(3) On an application referred to in subsection (2), if an infringements
registrar is not satisfied that there are sufficient grounds for revocation of
an enforcement order, the infringements registrar must notify the applicant
that the enforcement order has not been revoked because of insufficient
grounds to justify its revocation.

(4) An infringements registrar may-

   (a)  adjourn an application for revocation of an enforcement order; or

   (b)  if the infringement offence involves a motor vehicle and the
        infringements registrar is satisfied that the applicant was not the
        driver of the vehicle at the time of the offence and the applicant has
        nominated another driver-

   (i)  revoke the enforcement order; and

   (ii) cancel the infringement notice.

(5) If an infringements registrar revokes an enforcement order, the
infringements registrar must notify the enforcement agency, the person against
whom the order was made and if an application was made under section 65(1)(c),
the person who applied on behalf of the person against whom the enforcement
order was made that-

   (a)  the enforcement order has been revoked; and

   (b)  the matter of the infringement offence has been referred to the Court
        for hearing and determination.

(6) An infringements registrar must not revoke an enforcement order under this
section if a previous application has been made for the revocation of the
enforcement order.

(7) Nothing in this section limits the power of an infringements registrar or
the Court to revoke an enforcement order on any other basis.