Infringements Act 2006

A person who has been served with an infringement notice or a person acting on that person's behalf with the first-mentioned person's consent, may apply to the relevant enforcement agency for review of the decision to serve the infringement notice if the person believes—

the decision—

was contrary to law; or

involved a mistake of identity; or

that special circumstances apply to the person, unless—

the special circumstance referred to in the application is family violence; and

the person has made an FVS application; or

the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence; or

that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service.

An application under subsection (1)(a), (b) or (c)—

may be made—

in the case of—

an infringement offence for which an infringement notice was served on a person, other than a child, at any time before the outstanding amount of an infringement penalty together with any penalty reminder notice fee are registered with the Director under the Fines Reform Act 2014; or

an infringement offence for which an infringement notice was served on a child, at any time before the infringement penalty in respect of that offence is registered with the Children's Court under clause 4 of Schedule 3 to the Children, Youth and Families Act 2005; and

in the case of a non-registrable infringement offence, at any time before the expiry of the period for commencing a proceeding in relation to the offence to which the infringement notice relates; and

must be in writing; and

must state the grounds on which the decision should be reviewed; and

must provide the applicant's current address for service of the notice under section 24(3) of the outcome of the decision; and

may only be made once in relation to any one infringement offence in respect of the applicant.

An application under subsection (1)(d)—

must be made within 14 days of the applicant becoming aware of the infringement notice; and

must be in writing; and

must state the grounds on which the decision should be reviewed; and

must provide the applicant's current address for service of the notice of the outcome of the decision under section 24(3); and

may only be made once in relation to any one infringement offence in respect of the applicant.

An enforcement agency must not consider an application under subsection (1)(d) if the applicant has not updated the person's authorised address (within the meaning of section 163A(3)) within 14 days of changing address.