Victorian Consolidated Legislation

Infringements Act 2006 - SECT 69

Enforcement agency may request non-prosecution of offence

69. Enforcement agency may request non-prosecution of offence



(1) An enforcement agency may request an infringements registrar not to refer
a matter to the Court under this Part by written notice filed with an
infringements registrar within 21 days after service of a notice referred to
in section 64(2) or 66(5) as the case requires.







(2) If an enforcement agency files a notice under subsection (1), the
infringements registrar must-

   (a)  if the enforcement order has not been revoked-

   (i)  revoke the enforcement order and, on its revocation, the enforcement
        order ceases to have effect; and

   (ii) not refer the matter to the Court; or

   (b)  if the enforcement order has been revoked, not refer the matter to the
        Court.

(3) An infringements registrar must notify the person against whom the
enforcement order had been made-

   (a)  of the revocation of the enforcement order, if it was revoked under
        subsection (2)(a)(i); and

   (b)  that the matter will not be referred to the Court.

Division 4-Going to Court under this Part