A charge referring to a repealed regulation is not void ab initio where the description of the offence sufficiently discloses the nature of the offence; the power to amend under s 50 of the Magistrates' Court Act 1989 (Vic) may be used to substitute the current regulation within the limitation period. Road Rule 20 creates a single offence and it is not necessary for the charge to specify the means by which the speed limit is determined. However, an amended charge must be served on an absent defendant before the court may proceed to conviction.
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