Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 87A

Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

87A. Extension of time if no actual notice for offence to drive unregistered
vehicle in toll zone





(1) If an infringement notice for an offence against section 73(1) is not
served by delivering it personally to the person to whom it was issued, and
that person is not in fact aware that it had been issued, the person may apply
to an infringements registrar (within the meaning of the
Infringements Act 2006) or a registrar (within the meaning of Schedule 3 to
the Children, Youth and Families Act 2005) of the Children's Court, as the
case may be, to have an extension of time of 28 days to deal with the notice
in accordance with this Act.

(2) An application under subsection (1) must-

   (a)  be made within 14 days of the applicant becoming aware of the notice;
        and

   (b)  be filed with the registrar; and

   (c)  be accompanied by a sworn statement in writing or by a statutory
        declaration setting out the grounds on which the extension is sought.

(3) If an application is made under subsection (1) to an infringements
registrar within the meaning of the Infringements Act 2006, the registrar
must-

   (a)  refer the application to the Magistrates' Court constituted by a
        magistrate; and

   (b)  cause a notice of the time and place of the hearing of the application
        to be given or sent to-

   (i)  the person who served the infringement notice on the applicant or
        caused it to be served; and

   (ii) the applicant.

(4) The Magistrates' Court or a registrar (within the meaning of Schedule 3 to
the Children, Youth and Families Act 2005) of the Children's Court, as the
case may be, may only grant an extension of time if satisfied that the person
was not in fact aware, more than 14 days before making an application under
subsection (1), that the infringement notice had been issued.

(5) On the granting of the extension of time-

   (a)  the infringement notice continues to have effect, unless withdrawn
        under section 18 of the Infringements Act 2006, despite the doing of
        any thing or the taking of any step in relation to it under the
        Infringements Act 2006 or Schedule 3 to the
        Children, Youth and Families Act 2005 before the extension of time was
        granted, but if an enforcement order had been made in relation to it
        before the extension of time was granted and the person does not take
        a relevant action in relation to the notice within the extended
        period, the notice ceases to have effect at the end of that period;
        and



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   (c)  the period specified in the infringement notice as the period for
        payment of the infringement penalty does not apply and the extended
        period becomes the period in which payment of the infringement penalty
        must be made; and

   (d)  any fine or part of a fine within the meaning of the
        Infringements Act 2006 or infringement penalty or part of an
        infringement penalty and prescribed costs within the meaning of
        Schedule 3 to the Children, Youth and Families Act 2005 that has been
        paid in relation to the infringement notice must be refunded (and the
        Consolidated Fund is, to the necessary extent, appropriated
        accordingly) if the person takes a relevant action in relation to the
        notice within the extended period; and

   (e)  any of the procedures set out in the Infringements Act 2006 or
        Schedule 3 to the Children, Youth and Families Act 2005 that are being
        used for the enforcement of the infringement penalty within the
        meaning of that Act or that Schedule, as the case requires, must be
        discontinued and any enforcement order made, or warrant issued, under
        that Act or that Schedule, as the case requires, ceases to have effect
        if the person takes a relevant action in relation to the notice within
        the extended period.



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(6) For the purposes of subsection (5) a person who is granted an extension of
time as referred to in subsection (1) only takes a relevant action in relation
to an infringement notice if the person-

   (a)  pays the whole of the penalty shown on the infringement notice; or

   (b)  gives a statement under section 84BE of the Road Safety Act 1986 to an
        enforcement official within the meaning of Part 6AA of that Act; or



   (c)  elects to have the matter heard and determined in the Magistrates'
        Court under Part 2 of the Infringements Act 2006 or, in the case of a
        child, elects to have the matter heard and determined in the
        Children's Court; or







   (d)  is offered a payment plan in accordance with the
        Infringements Act 2006 and the enforcement agency under that Act or
        the Secretary (as the case may be) receives the first payment under
        that plan from the person; or

   (e)  in the case of a person who applies under section 22 of the
        Infringements Act 2006 for an internal review, is notified of a
        decision in accordance with section 25(1)(b), (c) or (d) of that Act
        or section 25(2) of that Act.

(7) If the Magistrates' Court or a registrar (within the meaning of Schedule 3
to the Children, Youth and Families Act 2005) of the Children's Court, as the
case may be, grants an extension of time as referred to in subsection (1), an
infringement notice may be withdrawn under section 18 of the
Infringements Act 2006 even though the infringement penalty has been lodged
with an infringements registrar under Part 4 of the Infringements Act 2006 or
registered under Schedule 3 to the Children, Youth and Families Act 2005, as
the case requires.



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(9) Despite anything to the contrary in this section or the
Infringements Act 2006, the 28 day extension period under this section is
suspended and no step may be taken in the enforcement of an infringement
notice to which this section applies if a person has-

   (a)  applied for an internal review under section 22 of that Act which has
        not been determined, until the application is determined and the
        applicant notified of the outcome; or

   (b)  applied for a payment plan under section 46 of that Act, until-

   (i)  the person is notified that his or her application for a payment plan
        has been refused; or

   (ii) in the case of a payment plan that has been offered, the payment plan
        is cancelled under section 48(2) of that Act; or

   (iii) in the case of a payment plan that has commenced-

                (A)  the payment plan is cancelled under section 49(2)(b) of
                     that Act; or

                (B)  the infringement penalty in respect of that infringement
                     notice is removed from the payment plan under section
                     49(2)(a) of that Act; or

                (C)  the person receives written notice under section 52(2) of
                     that Act advising the person that he or she is in
                     default.