61B Extension of time to object if no actual notice
S. 61B(1) amended by Nos 65/2010 s. 389B(1) (as amended by No. 78/2011 s. 36), 46/2024 s. 45(1).
(1) If a transport safety infringement notice that is issued in respect of an offence referred to in section 61A(1) 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, within 7 days after becoming aware of it, apply in accordance with the regulations to the Magistrates' Court or apply to a registrar (within the meaning of Schedule 3 to the Children, Youth and Families Act 2005) of the Children's Court, as the case requires, to have the time for objecting to the notice extended.
S. 61B(2) amended by Nos 65/2010 s. 389B(2) (as amended by No. 78/2011 s. 36), 46/2024 s. 45(2).
(2) The court or registrar, as the case requires, may only grant an extension of time if satisfied that the person was not in fact aware, before the transport safety infringement notice took effect as a conviction, that it had been issued.
S. 61B(3) amended by No. 46/2024 s. 45(3)(a).
(3) If the court or registrar grants an extension of time, and if a notice of objection is given, in accordance with section 61A(4) or with any order made by the court or registrar, before the expiry of the extended time, the giving of the notice has the effect that—
(a) the conviction is set aside; and
S. 61B(3)(ab) inserted by No. 93/2000 s. 12(1).
(ab) any cancellation, disqualification or suspension that resulted from the conviction is set aside; and
S. 61B(3)(ac) inserted by No. 93/2000 s. 12(1), amended by No. 65/2010 s. 389B(3) (as amended by No. 78/2011 s. 36).
(ac) anything done by the person before he or she became aware that the transport safety infringement notice had been issued that constituted an offence only because of any cancellation, disqualification or suspension, that resulted from the conviction must be taken not to constitute that offence; and
S. 61B(3)(b) amended by Nos 32/2006 s. 71(3)(a)(b), 65/2010 s. 389B(3) (as amended by No. 78/2011 s. 36), 47/2014 s. 282 (as amended by No. 29/2016 s. 55), 46/2024 s. 45(3)(b).
(b) any of the procedures set out in the Infringements Act 2006, the Fines Reform Act 2014 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of the amount specified in the transport safety infringement notice as payable in respect of the offence for which the notice was issued must be discontinued and any warrant issued under any of those Acts ceases to have effect; and
S. 61B(3)(c) amended by No. 65/2010 s. 389B(3) (as amended by No. 78/2011 s. 36).
(c) the transport safety infringement notice is cancelled; and
S. 61B(3)(d) amended by Nos 68/2009 s. 97(Sch. item 84.6), 46/2024 s. 45(3)(c).
(d) the person may only be proceeded against by filing a charge-sheet charging the alleged offence; and
S. 61B(3)(e) inserted by No. 46/2024 s. 45(3)(d).
(e) any of the following that have been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly)—
(i) an infringement fine or part of an infringement fine within the meaning of the Fines Reform Act 2014;
(ii) an infringement penalty or part of an infringement penalty within the meaning of the Infringements Act 2006;
(iii) additional fees and costs that have been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under the Fines Reform Act 2014 or the Infringements Act 2006;
(iv) an infringement penalty or part of an infringement penalty within the meaning of Schedule 3 to the Children, Youth and Families Act 2005.
S. 61B(3A) inserted by No. 93/2000 s. 12(2), amended by Nos 65/2010 s. 389B(4) (as amended by No. 78/2011 s. 36), 46/2024 s. 45(4).
(3A) In the case of any subsequent proceedings in relation to an offence in respect of which a transport safety infringement notice was issued to which subsection (3) applies, any period of cancellation, disqualification or suspension of a marine licence that—
(a) resulted from the conviction; and
S. 61B(3A)(b) amended by No. 65/2010 s. 389B(4)(c) (as amended by No. 78/2011 s. 36).
(b) occurred after the person became aware that the transport safety infringement notice had been issued—
must be taken into account by a court if that court convicts the person, or finds the person guilty, of the offence in respect of which the transport safety infringement notice was issued.
S. 61B(4) amended by No. 68/2009 s. 97(Sch. item 84.7).
(4) Despite anything to the contrary in any other Act, a charge-sheet referred to in subsection (3)(d) may be filed not later than 12 months after the date of the notice of objection.
S. 61BA (Heading) inserted by No. 65/2010 s. 389C(1) (as amended by Nos 78/2011 s. 36, 43/2012 s. 3(Sch. item 29.2)).
S. 61BA inserted by No. 93/2000 s. 13 (as amended by No. 23/2001 s. 25).
61BA Suspension of marine licence for drink-operator transport safety infringements
(1) If—
S. 61BA(1)(a) amended by Nos 90/2001 s. 7(1), 94/2003 s. 34(15), 65/2010 s. 389C(2)(a) (as
(a) a transport safety infringement notice has been issued to a person in respect of an offence under section 28(1) involving a registered recreational vessel or a regulated hire and drive vessel where the breath or blood alcohol concentration specified in the notice is the prescribed concentration of alcohol or more than the prescribed concentration of alcohol; and
S. 61BA(1)(b) amended by No. 65/2010 s. 389C(2)(b) (as
(b) the person to whom the transport safety infringement notice has been issued does not give a notice of objection to the transport safety infringement notice and the 28 day period has expired—
and—
S. 61BA(1)(c) amended by No. 65/2010 s. 389C(2)(c) (as
(c) if the person is the holder of a marine licence, the licence is suspended for a period of 6 months; or
S. 61BA(1)(d) amended by No. 65/2010 s. 389C(2)(d) (as
(d) if the person is not the holder of a marine licence, he or she is disqualified from obtaining such a licence for a period of 6 months.
S. 61BA(2) amended by Nos 90/2001 s. 7(1), 65/2010 s. 389C
(3)(a)(b)(e) (as
(2) If a person to whom a transport safety infringement notice has been issued in respect of an offence under section 28(1) involving a registered recreational vessel or a regulated hire and drive vessel—
S. 61BA(2)(a) amended by Nos 90/2001 s. 7(2), 65/2010 s. 389C(3)(c) (as
(a) is exempted under the regulations from the requirements of section 115, 115A or 115B because he or she holds an appropriate marine licence issued in another State, Territory or country; and
S. 61BA(2)(b) amended by No. 65/2010 s. 389C(3)(d) (as
(b) does not give notice of objection to the transport safety infringement notice and the 28 day period has expired—
the person is disqualified from operating a vessel in State waters for the period for which he or she would have been suspended under this section had the person held a marine licence under this Act.
(3) Any suspension or disqualification under subsection (1) or disqualification under subsection (2) takes effect on the expiry of the 28 day period.
S. 61BA(4) amended by Nos 77/2001 s. 31(1)(b), 65/2010 s. 389C(4) (as amended by No. 78/2011 s. 36), 34/2023 s. 127(Sch. 1 item 6.5).
(4) When any suspension has taken effect, Safe Transport Victoria may, by notice in writing served on the person whose marine licence is suspended, require that person to surrender any marine licence document to Safe Transport Victoria.
(5) A person on whom a notice is served under subsection (4) must comply with the notice within the time specified in it.
5 penalty units.
S. 61BA(6) amended by No. 65/2010 s. 389C(5) (as amended by No. 78/2011 s. 36).
(6) Payment of a penalty in respect of a transport safety infringement notice to which subsection (1) applies may be made in accordance with the regulations.
S. 61BA(7) amended by No. 65/2010 s. 389C(6) (as amended by No. 78/2011 s. 36).
(7) A person to whom subsection (1) applies must, on or before the expiry of the 28 day period, surrender his or her marine licence document in accordance with the regulations.
S. 61C (Heading) amended by No. 47/2014 s. 283(1) (as amended by No. 29/2016 s. 56), substituted by No. 46/2024 s. 46(1).
S. 61C inserted by No. 20/1993 s. 12, amended by Nos 74/2000 s. 3(Sch. 1 item 76), 94/2003 s. 39, substituted by No. 32/2006 s. 72, amended by Nos 65/2010 s. 389D (as amended by No. 78/2011 s. 36), 47/2014 s. 283(2) (as amended by No. 29/2016 s. 56), 46/2024 s. 46(2).