Victorian Consolidated Regulations

ROAD SAFETY (GENERAL) REGULATIONS 1999 - SECT 801

PART 8 SAVINGS AND TRANSITIONALS

Infringement notices issued under 1988 Regulations

801. Infringement notices issued under 1988 Regulations



(1) If a traffic infringement is committed before the commencement of these
Regulations against the Road Safety (Procedures) Regulations 1988 or the Road
Safety (Vehicles) Regulations 1988-

   (a)  in the case of a traffic infringement under Schedule 6 to the Road
        Safety (Procedures) Regulations 1988 that has not been re-enacted
        under Schedule 4 of these Regulations, the traffic infringement
        continues to be a traffic infringement under Schedule 6 of the Road
        Safety (Procedures) Regulations 1988 and a traffic infringement notice
        for that infringement may be issued or served in accordance with those
        Regulations as if they had not been revoked;

   (b)  in the case of a traffic infringement under Schedule 6 to the Road
        Safety (Procedures) Regulations 1988 that has been re-enacted under
        Schedule 4 of these Regulations, the traffic infringement is to be
        taken to be a traffic infringement under Schedule 4 of these
        Regulations with the corresponding code, description of offence and
        penalty under Schedule 4 and a traffic infringement notice for that
        infringement may be issued or served in accordance with these
        Regulations.









(2) The revocation by these Regulations of the Road Safety (Procedures)
Regulations 1988 and the Road Safety (Vehicles) Regulations 1988 does not
affect-

   (a)  a parking infringement notice or a traffic infringement notice issued
        or served in accordance with those Regulations before the commencement
        of these Regulations; or

   (b)  a traffic infringement notice issued or served in accordance with
        those Regulations after the commencement of these Regulations for an
        infringement under subregulation (1)(a).

(3) Without limiting subregulation (2)-

   (a)  a notice referred to in that subregulation may be withdrawn; and

   (b)  the penalty shown on it is payable; and

   (c)  the procedures set out in Schedule 7 to the
        Magistrates' Court Act 1989 may be used for the enforcement of the
        amount payable-

as if the Road Safety (Procedures) Regulations 1988 had not been revoked.

(4) This Regulation does not affect or take away from the
Interpretation of Legislation Act 1984.

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