Road Safety Act 1986

A person who is referred to in section 77(2)(a), (c) or (dc) who has reason to believe that a person has committed a traffic infringement of a kind that is prescribed for the purposes of this Part may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice.

A protective services officer who has reason to believe that a person has committed an electric scooter offence that is a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice.

A person who is referred to in section 77(2)(ca) who has reason to believe that a person has committed a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice if the traffic infringement is—

of a kind prescribed for the purposes of this Part; and

an offence to which section 66 applies; and

not an excessive speed infringement.

Subject to this Act, an offence referred to in subsection (1), (1AAA) or (1AAB) for which a traffic infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

Despite subsection (1) and subject to subsection (1AAB), a traffic infringement notice in respect of a drink-driving infringement, a drug-driving infringement or of an infringement detected by a prescribed road safety camera, may only be issued or caused to be issued by a police officer.

For the purposes of subsections (1), (1AAA) and (1AAB), a traffic infringement notice—

must be in the form required by section 13 of the Infringements Act 2006; and

must also state—

in the case of a traffic infringement notice in respect of a drink-driving infringement, the concentration of alcohol alleged to have been present in the person's blood or breath; and

in the case of a traffic infringement notice in respect of an excessive speed infringement, the speed at which the motor vehicle is alleged to have been driven and the permitted speed; and

may contain any additional prescribed details.

Regulations made for the purposes of subsection (2) must not be inconsistent with the Infringements Act 2006.

Despite anything to the contrary in the Infringements Act 2006, a traffic infringement notice of a kind referred to in section 89A may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days of the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which contains the prescribed particulars and is signed by a prosecution officer.

Despite subsection (3) of this Act or section 18 of the Infringements Act 2006, a traffic infringement notice cannot be withdrawn under those provisions—

where the outstanding amount of an infringement penalty in respect of an infringement offence is registered with the Director, Fines Victoria under the Fines Reform Act 2014; or

where the infringement penalty is registered under Schedule 3 to the Children, Youth and Families Act 2005.

Despite subsection (3) or section 18 or 19 of the Infringements Act 2006, a withdrawal notice in relation to a traffic infringement notice of a kind referred to in subsection (1A) must be signed by a police officer.

If, in relation to a traffic infringement of a kind referred to in section 89A, the amount specified in the infringement notice as the penalty for the infringement has been paid before the notice is withdrawn the amount so paid must be refunded upon the notice of withdrawal being given.

The penalty for the purposes of this section in respect of any traffic infringement is the amount prescribed in respect of that infringement.

A person referred to in section 77(2)(a), (c) or (dc) who has reason to believe that a person (other than the driver of a motor vehicle) has committed a traffic infringement may require that person to state his or her name and address.

A person must not refuse or fail to state his or her name and address, or state a false name or address.