Victorian Consolidated Regulations

ROAD SAFETY (GENERAL) REGULATIONS 1999 - SECT 607

PART 6A OPERATOR ONUS

Prescribed period for making statements

607. Prescribed period for making statements



(1) Subject to subregulation (2), for the purposes of sections 84BE(1)(a) and
84BF(1)(a) of the Act, the prescribed period is-

   (a)  in the case of an infringement notice served in respect of an
        excessive speed infringement, the period beginning on the date of the
        notice and ending immediately before a conviction takes effect under
        section 89A(2) of the Act;

Note Under section 89A(2) of the Act, a traffic infringement notice that is
issued in respect of an excessive speed infringement, takes effect as a
conviction for the offence specified in the notice 28 days after the date of
the notice.

   (b)  in the case of an infringement notice served in respect of any other
        operator onus offence-

   (i)  if the infringement notice was served on a person other than a child
        and the offence is a lodgeable infringement offence within the meaning
        of the Infringements Act 2006, the period beginning on the date of the
        notice and ending immediately before the details of the infringement
        penalty in respect of that offence are lodged under section 54 of that
        Act; or

   (ii) if the infringement notice for that offence was served on a child, the
        period beginning on the date of the notice and ending immediately
        before the infringement penalty in respect of that offence is
        registered under clause 4 of Schedule 3 to the
        Children, Youth and Families Act 2005; or

   (iii) if subparagraphs (i) and (ii) do not apply, the period beginning on
        the date of the notice and ending immediately before the expiry of the
        period for bringing a proceeding in relation to the offence to which
        the infringement notice relates. Note The period prescribed under
        paragraph (b) for making a statement under Part 6AA of the Act is the
        same period set out in section 22(2) of the Infringements Act 2006 for
        a person to apply to a relevant enforcement agency for internal review
        of a decision to serve an infringement notice under section 22 of the
        Infringements Act 2006.

(2) If an extension of time to deal with, or object to, an infringement
notice, has been granted under section 67 or 89B of the Act, the prescribed
period for the purposes of sections 84BE(1)(a) and 84BF(1)(a) of the Act, is
the extension of time granted under section 67 or 89B of the Act.