Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 89B

Extension of time to object if no actual notice

89B. Extension of time to object if no actual notice





(1) If a traffic infringement notice that is issued in respect of a
drink-driving infringement, a drug-driving infringement or an excessive speed
infringement 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 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 the time for objecting to the notice extended.

(1A) 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.

(1B) 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 issued the infringement notice; and

   (ii) the applicant.

(2) 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, must not grant an extension of time unless 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 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, and if a notice of objection is
given, in accordance with section 89A(4) or with any order made by the Court
or the registrar, as the case may be, before the expiry of the extended time,
the giving of the notice has the effect that-

   (a)  the conviction is set aside; and

   (b)  any cancellation, disqualification or suspension, and any extension of
        probation, that resulted from the conviction is set aside; and

   (ba) any demerit points recorded as a result of the conviction are
        cancelled; and



   (c)  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 conviction must be
        taken not to constitute that offence; and

   (d)  any of the procedures set out in the Infringements Act 2006 or in
        Schedule 3 to the Children, Youth and Families Act 2005 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 or
        that Schedule, as the case requires, ceases to have effect; and

   (e)  the infringement notice is cancelled; and

   (f)  the person may only be proceeded against by a charge filed for the
        alleged offence; and



   (g)  any period of cancellation, disqualification or suspension, and any
        extension of probation, of a driver licence or permit 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 any court which
        subsequently 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)(f) may be filed not later than 12 months after the date of the
notice of objection.

(5) Any reference in sections 89C or 89D to the 28 day period must, if a court
has granted an extension of that period in a particular case, be read as a
reference to the extended period.