Director may decide that enforcement of infringement offence under this Act is not appropriate
20 Director may decide that enforcement of infringement offence under this Act is not appropriate
S. 20(1AA) inserted by No. 41/2026 s. 88.
This section does not apply to a registered infringement fine in respect of an infringement offence of a kind to which any of the following provisions apply—
sections 89A to 89D of the Road Safety Act 1986;
sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988.
Subject to subsection (2), the Director may determine that enforcement under this Act of the registered infringement fine is not appropriate for a person.
S. 20(1A) inserted by No. 29/2016 s. 11.
For the purposes of subsection (1), the circumstances in which the Director may determine that a registered infringement fine is not to be enforced against a person under this Act include, but are not limited to, the following—
it is appropriate that the relevant infringement offence be heard and determined by a court;
S. 20(1A)(b) amended by No. 17/2022 s. 37A(1)(a).
it is unlikely that the outstanding amount of the registered infringement fine would be recovered, having regard to the amount outstanding and the enforcement and payment options available;
S. 20(1A)(c) inserted by No. 17/2022 s. 37A(1)(b).
if a tollway operator has withdrawn a request made to an enforcement agency to serve an infringement notice because the tollway operator considers it appropriate to do so having considered the circumstances of the person.
The Director must not make a determination under subsection (1) if any of the following has occurred—
S. 20(2)(a) amended by No. 17/2022 s. 37A(2).
subject to subsection (2A), a seven-day notice has been served and has expired;
a person becomes a declared director;
an attachment of earnings direction or an attachment of debts direction has been made;
a land charge has been recorded.
S. 20(2A) inserted by No. 17/2022 s. 37A(3).
Subsection (2)(a) does not apply to a seven‑day notice that has been served in respect of a registered infringement fine if the infringement offence in respect of which the infringement notice was issued is—
an offence against section 204(1) of the EastLink Project Act 2004; or
an offence against section 73(1) of the Melbourne City Link Act 1995; or
an offence against section 69(1) of the North East Link Act 2020; or
an offence against section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.
If the Director makes a determination under subsection (1), the registered infringement fine is deregistered.
If the Director makes a determination under this section, the Director must advise the relevant enforcement agency of that determination in writing.
S. 20(5) inserted by No. 17/2022 s. 37A(4).
In this section—
tollway operator means any of the following—
the Freeway Corporation within the meaning of the EastLink Project Act 2004;
the relevant corporation within the meaning of the Melbourne City Link Act 1995;
the relevant North East Link Tolling Corporation within the meaning of the North East Link Act 2020;
the relevant West Gate Tunnel Corporation within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.
S. 21 amended by No. 29/2016 s. 12 (ILA s. 39B(1)).
This Act’s bill:Explanatory memorandumSecond reading speech
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