Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 67

Extension of time if no actual notice for certain traffic infringements

67. Extension of time if no actual notice for certain traffic infringements













(1) If a traffic infringement notice (other than a notice to which section 89A
applies) 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 has 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 traffic 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 traffic infringement notice had been issued.

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

   (a)  the traffic infringement notice continues to have effect, unless
        withdrawn at any time under section 88(3), despite the doing of any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

   (b)  any reference in section 88(3) or section 18 of the
        Infringements Act 2006 to a 28 day period must be read as a reference
        to the extended period; and

   (c)  the reference in section 32 of the Infringements Act 2006 to the
        period specified in the infringement notice for the payment of the
        penalty must be read as a reference to the extended period; and

   (d)  any cancellation, disqualification or suspension, and any extension of
        probation, that resulted from the infringement notice is set aside if
        the person takes a relevant action referred to in subsection (6)(b),
        (c) or (e) in relation to the notice within the extended period; and

   (e)  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

   (f)  any demerit points recorded as a result of the infringement notice are
        cancelled if the person takes a relevant action referred to in
        subsection (6)(b), (c) or (e) in relation to the notice within the
        extended period; and

   (g)  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; and

   (h)  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, or any
        extension of probation, that resulted from the infringement notice
        must be taken not to constitute that offence if the person takes a
        relevant action in relation to the notice within the extended period;
        and



* * * * *









   (j)  any period of cancellation, disqualification or suspension, and any
        extension of probation, of a driver licence or permit that-

   (i)  resulted from the traffic infringement notice; and





   (ii) occurred after the person became aware that the traffic infringement
        notice had been issued- must be taken into account by any court which
        subsequently finds the person guilty of the offence in respect of
        which the traffic infringement notice was issued; and

   (k)  a reference in section 89(4) to the expiration of the period specified
        in the notice must be read as a reference to the expiration of the
        extended period.

(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 a traffic infringement notice if the person-

   (a)  pays the whole of the amount specified in the notice as payable in
        respect of the offence for which the notice was issued; or

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





   (c)  serves a written statement on an enforcement official within the
        meaning of Part 6AA to the effect that the person declines to be dealt
        with under the Infringements Act 2006 or under Schedule 3 to the
        Children, Youth and Families Act 2005, as the case requires; 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) Despite anything to the contrary in section 88(3AA), 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), a
traffic infringement notice may be withdrawn under section 88(3) 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.

(8) The taking of a relevant action referred to in subsection (6)(c) has the
effect that the person may only be proceeded against by a charge filed for the
alleged offence and, for this purpose, a charge may be filed not later than 12
months after the date of the service of the statement under that subsection
despite anything to the contrary in any other Act.





(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.