Road Safety Act 1986

If a traffic infringement notice that is issued in respect of a drink-driving infringement, a drug-driving infringement or an excessive speed infringement is not delivered personally to the person to whom it was issued, and that person is not in fact aware, before the notice takes effect as a conviction, that it had been issued, the person may apply to a registrar within the meaning of the Fines Reform Act 2014 or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, to have the time for objecting to the notice extended.

An application under subsection (1) must—

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

be filed with the registrar; and

be accompanied by an affidavit or by a statutory declaration setting out the grounds on which the extension is sought.

If an application is made under subsection (1) to a registrar within the meaning of the Fines Reform Act 2014, the registrar must—

refer the application to the Magistrates' Court constituted by a magistrate; and

cause a notice of the time and place of the hearing of the application to be given or sent to—

the person who issued the infringement notice; and

the applicant.

The Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, must not grant an extension of time unless satisfied that the person was not in fact aware, before the infringement notice took effect as a conviction, that it had been issued.

If the Magistrates' Court or a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case may be, grants an extension of time, and if a notice of objection is given, in accordance with section 89A(4) or with any order made by the Court or the registrar, as the case may be, before the expiry of the extended time, the giving of the notice has the effect that—

the conviction is set aside; and

any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and

any demerit points recorded as a result of the conviction are cancelled; and

anything done by the person before he or she became aware that the infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, or any extension of probation, that resulted from the conviction must be taken not to constitute that offence; and

any of the procedures set out in the Fines Reform Act 2014 or in Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the amount specified in the infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under that Act or that Schedule, as the case requires, ceases to have effect; and

the infringement notice is cancelled; and

any infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014, any infringement penalty or part of an infringement penalty within the meaning of the Infringements Act 2006 and any additional fee or cost that has been added to the infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or the regulations made under either of those Acts or any infringement penalty or part of an infringement penalty within the meaning of the Youth Justice Act 2024 and any prescribed fee, cost or charge payable in relation to that infringement penalty or part infringement penalty under the Youth Justice Act 2024 that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly); and

the person may only be proceeded against by the filing of a charge-sheet charging the alleged offence; and

any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or learner permit that—

resulted from the conviction; and

occurred after the person became aware that the infringement notice had been issued—

Despite anything to the contrary in any other Act, a charge-sheet referred to in subsection (3)(f) may be filed not later than 12 months after the date of the notice of objection.

Any reference in sections 89C or 89D to the 28 day period must, if a court has granted an extension of that period in a particular case, be read as a reference to the extended period.