Victorian Consolidated Legislation

Infringements Act 2006 - SECT 71

Decision to go to Court

71. Decision to go to Court



(1) If a matter is referred to the Court under this Part or an order is made
under section 72(1)-

   (a)  unless a request has been received from an enforcement agency under
        section 69, an infringements registrar 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 that was lodged with the
        infringements registrar under section 54; and

   (c)  the Court must-

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

   (ii) at least 14 days prior to the hearing date, cause the hearing details
        referred to in subparagraph (i) and the prescribed information lodged
        under paragraph (a) to be served on the enforcement agency and the
        person who was served with the enforcement order notice.



(2) 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.