10TDetermination of FVS eligible person

10T Determination of FVS eligible person (1) The Director may determine that an FVS applicant is an FVS eligible person in respect of an FVS eligible offence if the Director is satisfied that— (a) the FVS applicant was served with an infringement notice in relation to the FVS eligible offence; and (b) the FVS applicant is a victim of family violence; and (c) either— (i) the family violence substantially contributed to the FVS applicant being unable to control the conduct that constituted the FVS eligible offence; or (ii) in the case of an FVS eligible offence that is an operator onus offence within the meaning of Part 6AA of the **Road Safety Act 1986**— (A) the FVS applicant was the registered operator of the vehicle at the time of the offence but was not the driver at the time of the offence; and (B) the family violence substantially contributed to the FVS applicant being unable to make a known user statement (within the meaning of Part 6AA of the **Road Safety Act 1986**) in relation to the offence. (2) The Director must determine that an FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence if the Director is satisfied that the criteria in subsection (1) are not met. (3) The Director must serve written notice on the FVS applicant of the determination that— (a) the FVS applicant is an FVS eligible person in respect of the relevant FVS eligible offence; or (b) the FVS applicant is not an FVS eligible person in respect of the relevant FVS eligible offence. (4) A determination by the Director under this Part in relation to a person's experience of family violence is not a matter to be taken into account for the purpose of determining the guilt or liability of a person for an offence in any proceeding.