Victorian Consolidated Legislation

Transport Act 1983 - SECT 215C

Effect of safety work infringement

215C. Effect of safety work infringement





(1) Subject to section 215D, a safety work infringement takes effect, 28 days
after the date of the notice, as a conviction of the offence specified in the
notice, unless the rail safety worker to whom the notice was issued objects,
within that time and in accordance with this section, to the infringement
notice.

(2) A rail safety worker may object to the infringement notice by giving
notice in writing of the objection to the person specified for that purpose in
the infringement notice.

(3) A notice of objection must state-

   (a)  that the rail safety worker to whom the infringement notice was issued
        refuses to pay the penalty; and

   (b)  that the rail safety worker requests that the matter be dealt with by
        a court; and



   (c)  that the rail safety worker intends to defend any charge arising out
        of the facts specified in the infringement notice.

(4) The giving of notice of objection to the infringement notice has the
effect that-

   (a)  the infringement notice is cancelled; and

   (b)  the rail safety worker to whom the infringement notice was issued may
        only be proceeded against by a charge filed for the alleged offence.