Victorian Consolidated Regulations

Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 - SECT 8

Infringement notice

8. Infringement notice



(1) For the purposes of section 13 of the Act, the prescribed details which an
infringement notice must contain are-

   (a)  that it is an infringement notice;

   (b)  the date of the infringement notice;

(c) the name and address (if known) of the person served with the infringement
notice or, if the infringement notice is in respect of an infringement offence
that is a parking infringement, the words "the Owner";

   (d)  the name of the enforcement agency;

   (e)  the enforcement agency identifying reference of the infringement
        notice;

   (f)  subject to paragraph (fa), either the name of the issuing officer or
        the enforcement agency identifying reference of the issuing officer;



   (fa) in the case of an infringement notice issued or served on behalf of
        the Traffic Camera Office or the Toll Enforcement Office, the title or
        name of the issuing officer;

   (g)  the date and approximate time and place of the infringement offence
        alleged to have been committed;

   (h)  the Act or other instrument that creates the infringement offence and
        a brief description of the infringement offence alleged to have been
        committed;

        (i)    the infringement penalty;

   (j)  the manner in which the infringement penalty may be paid;

   (k)  that the infringement penalty must be paid by a specified due date,
        being not less than 28 days from the date of service of the
        infringement notice;

   (l)  that failure to pay the infringement penalty by the specified due date
        may result in further enforcement action being taken and the incurring
        of further costs;

   (m)  that the person served with the infringement notice, or a person
        acting on that person's behalf, may apply to have the decision to
        serve the infringement notice internally reviewed by the enforcement
        agency under the Act unless the infringement notice is in respect of
        an infringement offence to which any of the following provisions
        apply-

   (i)  sections 89A to 89D of the Road Safety Act 1986;

   (ii) section 215C of the Transport Act 1983;

   (iii) sections 61A and 61BA of the Marine Act 1988;

   (n)  that the person served with the infringement notice may be eligible
        for a payment plan under section 46 of the Act, unless that person is
        a body corporate;

   (o)  that further information and information relating to eligibility for
        payment plans and applying for internal review can be obtained from-

   (i)  a nominated telephone number;

   (ii) a designated address;

   (iii) if available, the enforcement agency's website address;

   (p)  any further details specifically required to be included in relation
        to an infringement offence under any Act or other instrument which
        creates the infringement offence.

Note Section 13(b) of the Act requires that an infringement notice state that
the person is entitled to elect to have the matter of the infringement offence
heard and determined in the Court and if that person is a child, in the
Children's Court.

(2) If an infringement notice is in respect of an infringement offence that is
a parking infringement, in addition to the details required under
subregulation (1), the infringement notice must contain the registered number
or other identification of the vehicle involved in the parking infringement.