(1) On an extension of time being granted under section 90—
(a) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of anything or the taking of any step in relation to it under Schedule 3 to the Children, Youth and Families Act 2005 before the extension of time was granted, but if an enforcement order had been made in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(b) the infringement notice continues to have effect, unless withdrawn under section 18 of the Infringements Act 2006, despite the doing of anything or the taking of any step in relation to it under the Fines Reform Act 2014 before the extension of time was granted, but if a notice of final demand has been served in relation to it before the extension of time was granted and the person does not take a relevant action in relation to the notice within the extended period, the notice ceases to have effect at the end of that period; and
(c) the period specified in the infringement notice as the period for payment of the infringement penalty does not apply and the extended period becomes the period in which payment of the infringement penalty must be made; and
S. 91(1)(d) amended by No. 46/2024 s. 48.
(d) 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 under the Infringements Act 2006 or Schedule 3 to the Children, Youth and Families Act 2005 or any additional fee or cost that has been added to an infringement fine or infringement penalty under the Fines Reform Act 2014, the Infringements Act 2006 or regulations made under either of those Acts that has been paid in relation to the infringement notice must be refunded (and the Consolidated Fund is, to the necessary extent, appropriated accordingly), if the person takes a relevant action in relation to the notice within the extended period; and
(e) any of the procedures set out in the Fines Reform Act 2014 or Schedule 3 to the Children, Youth and Families Act 2005 that are being used for the enforcement of an infringement fine or infringement penalty must be discontinued and any notice of final demand served or enforcement order made ceases to have effect if the person takes a relevant action in relation to the notice within the extended period.
(2) For the purposes of subsection (1), a person who is granted an extension of time under section 90 takes a relevant action in relation to an infringement notice if the person—
(a) pays the whole of the penalty shown on the infringement notice; or
(b) gives a statement under section 84BE of the Road Safety Act 1986 to an enforcement official within the meaning of Part 6AA of that Act; or
(c) elects to have the matter heard and determined in the Magistrates' Court under Part 2 of the Infringements Act 2006, or if the person is a child, elects to have the matter heard and determined in the Children's Court; or
(d) is offered a payment plan in accordance with the Infringements Act 2006 and the enforcement agency under that Act received the first payment under that plan from the person; or
S. 91(2)(e) amended by No. 17/2022 s. 107(1).
(e) makes a payment arrangement in accordance with the Fines Reform Act 2014 and the Director, Fines Victoria receives the first payment under that payment arrangement from the person; or
(f) in the case of a person who applies under section 22 of the Infringements Act 2006 for an internal review, is notified of a decision in accordance with section 25(1)(b), (c) or (d) or (2) or (2A) of that Act.
S. 91(3) amended by No. 17/2022 s. 107(2).
(3) If the Director, Fines Victoria or a Children's Court registrar, as the case may be, grants an extension of time under section 90, an infringement notice may be withdrawn under section 18 of the Infringements Act 2006 even though the outstanding amount of an infringement penalty is registered with the Director, Fines Victoria under the Fines Reform Act 2014 or registered under Schedule 3 to the Children, Youth and Families Act 2005.
(4) Despite anything to the contrary in section 90 and this section or the Infringements Act 2006, the 28 day extension period is suspended and no step may be taken in the enforcement of an infringement notice to which section 90 and this section applies if a person has—
(a) applied for an internal review under section 22 of the Infringements Act 2006 which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment plan under section 46 of the Infringements Act 2006, until—
(i) the person is notified that their application for a payment plan has been refused; or
(ii) in the case of a payment plan that has been offered, the payment plan is cancelled under section 49(2)(b) of the Infringements Act 2006; or
(iii) in the case of a payment plan that has commenced—
(A) the payment plan is cancelled under section 49(2)(b) of the Infringements Act 2006; or
(B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of the Infringements Act 2006; or
(C) the person receives written notice under section 52(2) of the Infringements Act 2006 advising the person that the person is in default.
(5) Despite anything to the contrary in section 90 and this section, the 28 day extension period is suspended and no step may be taken in the enforcement of an infringement notice to which section 90 and this section applies if a person has—
(a) applied for an enforcement review under section 32 of the Fines Reform Act 2014 which has not been determined, until the application is determined and the applicant notified of the outcome; or
(b) applied for a payment arrangement under section 42 of the Fines Reform Act 2014, until—
(i) the person is notified that the person's application for a payment arrangement has been refused; or
(ii) in the case of a proposed payment arrangement, the payment arrangement does not commence, in accordance with section 47 of the Fines Reform Act 2014; or
(iii) in the case of a payment arrangement that has commenced—
(A) the payment arrangement is cancelled under section 49(2) of the Fines Reform Act 2014; or
(B) the infringement fine in respect of that infringement notice is removed from the payment arrangement under section 48 of the Fines Reform Act 2014; or
(C) the person receives written notice under section 56(2) of the Fines Reform Act 2014 advising the person that the person is in default.
Section 91 - North East Link Act 2020 - Granting extension of time | Zoe