INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 54 Lodgement of infringement penalty with infringements registrar

INFRINGEMENTS ACT 2006 (NO 12 OF 2006) - SECT 54

    (1)     An enforcement agency may lodge details of any outstanding amount of an infringement penalty in respect of a lodgeable infringement offence together with the prescribed costs (if any) with an infringements registrar if—

        (a)     the infringement penalty is not less than the prescribed minimum infringement penalty amount; and

        (b)     the criteria set out in sub-section (2) are satisfied.

    (2)     For the purposes of sub-section (1)(b), the criteria are—

        (a)     a penalty reminder notice has been served on a person; and

        (b)     at least 28 days has passed since the penalty reminder notice was served; and

        (c)     full payment of the infringement penalty and any prescribed costs have not been received by the enforcement agency; and

        (d)     the enforcement agency has not—

              (i)     filed a charge in respect of the offence alleged to have been committed; or

              (ii)     referred the matter to the Court under section 17; and

        (e)     if the infringement notice was served under section 87 of the Road Safety Act 1986 , the person was, at the time of the infringement offence—

              (i)     the owner of the vehicle within the meaning of Part 7 of that Act; or

              (ii)     the person in charge of the vehicle as shown in a statement or declaration supplied in accordance with section 86(3)(a), (aab) or (ab) of that Act; and

        (f)     if the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the person was at the time of the infringement offence—

              (i)     the owner of the motor vehicle within the meaning of section 66 of that Act; or

              (ii)     the driver of the motor vehicle as shown in a statement or declaration supplied in accordance with section 66(3)(a), (aab) or (ab) of that Act; and

        (g)     if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995 , the person was at the time of the infringement offence—

              (i)     the owner of the vehicle within the meaning of Part 4 of that Act; or

              (ii)     the driver of the vehicle as shown in accordance with section 87(3)(a) , (aab) or (ab) of that Act; and

        (h)     if the infringement notice was issued in respect of an offence under section 204 of the Mitcham-Frankston Project Act 2004 , the person was at the time of the trip to which the infringement offence relates—

              (i)     the owner of the vehicle within the meaning of that Act; or

              (ii)     the driver of the vehicle as shown in a statement supplied under section 199 or 219 of that Act.