Victorian Consolidated Legislation

Marine Act 1988 - SECT 61B

Extension of time to object if no actual notice

61B. Extension of time to object if no actual notice



(1) If a marine infringement notice that is issued in respect of an offence
referred to in section 61A(1) is not delivered personally to the person to
whom it was issued, and that person is not in fact aware, before the notice
takes effect as a conviction, that it had been issued, the person may, within
7 days after becoming aware of it, apply in accordance with the regulations to
the Magistrates' Court to have the time for objecting to the notice extended.

(2) The court must not grant an extension of time unless it is satisfied that
the person was not in fact aware, before the infringement notice took effect
as a conviction, that it had been issued.

(3) If the court grants an extension of time, and if a notice of objection is
given, in accordance with section 61A(4) or with any order made by the court,
before the expiry of the extended time, the giving of the notice has the
effect that-

   (a)  the conviction is set aside; and

   (ab) any cancellation, disqualification or suspension that resulted from
        the conviction is set aside; and

   (ac) anything done by the person before he or she became aware that the
        infringement notice had been issued that constituted an offence only
        because of any cancellation, disqualification or suspension, that
        resulted from the conviction must be taken not to constitute that
        offence; and

   (b)  any of the procedures set out in the Infringements Act 2006 that are
        being used for the enforcement of the amount specified in the
        infringement notice as payable in respect of the offence for which the
        notice was issued must be discontinued and any warrant issued under
        that Act ceases to have effect; and

   (c)  the infringement notice is cancelled; and

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

(3A) In the case of any subsequent proceedings in relation to an offence in
respect of which an infringement notice was issued to which subsection (3)
applies, any period of cancellation, disqualification or suspension of an
operator licence that-

   (a)  resulted from the conviction; and

   (b)  occurred after the person became aware that the infringement notice
        had been issued-

must be taken into account by the court if the court convicts the person, or
finds the person guilty, of the offence in respect of which the infringement
notice was issued.

(4) Despite anything to the contrary in any other Act, a charge referred to in
subsection (3)(d) may be filed not later than 12 months after the date of the
notice of objection.