Victorian Consolidated Legislation

Marine Act 1988 - SECT 61A

Effect of certain infringements

61A. Effect of certain infringements





(1) Section 61 and Division 5 of Part 2 of the Infringements Act 2006 does not
apply to an offence under section 28(1)(b), (e) or (f) in circumstances where-

   (a)  the concentration of alcohol-

   (i)  in the blood of the person is less than 0×15 grams per 100 millilitres
        of blood; or

   (ii) in the breath of the person is less than 0×15 grams per 210 litres of
        exhaled air- as the case requires; and

   (b)  the offence is a first offence having regard to the provisions of
        section 27(2).

(2) Subject to section 61B, an infringement notice that is issued in respect
of an offence referred to in subsection (1) takes effect, 28 days after the
date of the notice, as a conviction for the offence specified in the notice,
unless the person to whom the notice was issued objects, within that time and
in accordance with this section, to the infringement notice.

(3) Despite subsection (2), if an infringement notice is withdrawn under
subsection (7)(b) the person to whom the notice was issued must for all
purposes be taken not to have been convicted of the offence specified in the
notice.

(4) A person may object to the infringement notice by giving notice in writing
of the objection to the person specified for that purpose in the infringement
notice.

(5) A notice of objection must state-

   (a)  that the person to whom the infringement notice was issued refuses to
        pay the penalty; and

   (b)  that the person requests that the matter be dealt with by a court; and

   (c)  that the person intends to defend any charge arising out of the facts
        specified in the infringement notice.



(6) The giving of notice of objection to the infringement notice has the
effect that-

   (a)  the infringement notice is cancelled; and

   (b)  the person to whom the infringement notice was issued may only be
        proceeded against by a charge filed for the alleged offence.

(7) If an infringement notice is issued in respect of an offence referred to
in subsection (1) and it subsequently appears that the offence in respect of
which the notice was issued is not a marine infringement of a kind that is
prescribed for the purposes of this Part-

   (a)  the infringement notice operates as if the infringement were so
        prescribed; and

   (b)  any member of the police force may withdraw the infringement notice by
        serving on the alleged offender, in accordance with the regulations, a
        withdrawal notice which is in the prescribed form; and

   (c)  the person may be proceeded against by a charge filed for the alleged
        offence.

(8) A marine infringement notice to which this section applies may be
withdrawn, whether the appropriate penalty has been paid or not, at any time
within 28 days after the service of the notice, by serving on the alleged
offender, in accordance with the regulations, a withdrawal notice in the
prescribed form.

(9) If the appropriate amount specified in the notice as the penalty for the
infringement has been paid before the notice is withdrawn the amount so paid
must be refunded on the notice of withdrawal being given.