Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 89

Effect of payment of penalty

89. Effect of payment of penalty







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(4) Subject to Division 5 of Part 2 of the Infringements Act 2006, if an
infringement notice has been served and the amount of the penalty is not paid
before the expiration of the period specified in the notice as the time for
payment or where, in the case of a traffic infringement notice, the notice has
been withdrawn, nothing in this section in any way prejudices the institution
or prosecution of proceedings for the infringement in question (whether
pursuant to Schedule 3 to the Magistrates' Court Act 1989 or otherwise) but in
any case, where the court is satisfied that an infringement notice was served
in respect of the infringement and has not been withdrawn, the conviction
imposed by the court must not be taken to be a conviction for any purpose
(including, without limiting the generality of the foregoing, the purposes of
any enactment imposing, authorising or requiring the imposition of any
disqualifi cation, disability or higher penalty on convicted people or people
convicted on more than one occasion) except in relation to-

   (a)  the making of the conviction itself; and

   (b)  any subsequent proceedings which may be taken in respect of the
        conviction itself, including proceedings by way of appeal or order to
        review.

(5) Despite anything to the contrary in Division 5 of Part 2 of the
Infringements Act 2006, the regulations may provide that demerit points are
incurred under section 25 in respect of a traffic infringement by a person.



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(8) Despite anything to the contrary in this section or Division 5 of Part 2
of the Infringements Act 2006, the fact that a person paid a penalty, was
found guilty, participated in a diversion program or had a conviction imposed
by the court, in respect of an infringement for which an infringement notice
was served-

   (a)  may be recorded for the purposes of any scheme to provide discounted
        fees to good drivers; and

   (b)  may be used to wholly or partly exclude the person from the scheme.

(9) Despite anything to the contrary in this section, the fact that a person
paid a penalty, was found guilty, participated in a diversion program or had a
conviction imposed by the court, in respect of an infringement for which an
infringement notice was served may be recorded and used for the purposes of
determining the period or periods for which a person may be required to hold a
driver licence on probation.