67Extension of time if no actual notice for certain traffic infringements

67 Extension of time if no actual notice for certain traffic infringements S. 67(1) amended by Nos 21/2005 s. 57(1)(c) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(a), 48/2006 s. 42(Sch. item 31.1), 47/2014 s. 300(1), 8/2019 s. 151(1), 17/2022 s. 79(1). (1) If a traffic infringement notice (other than a notice to which section 89A applies) is not served by delivering it personally to the person to whom it was issued, and that person is not in fact aware that it has been issued, the person may apply to the Director, Fines Victoria 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 an extension of time of 28 days to deal with the notice in accordance with this Act. (2) An application under subsection (1) must— S. 67(2)(b) amended by No. 17/2022 s. 79(2). (b) be filed with the Director, Fines Victoria or registrar (as appropriate); and S. 67(2)(c) amended by No. 6/2018 s. 68(Sch. 2 item 109.3) (c) be accompanied by an affidavit or by a statutory declaration setting out the grounds on which the extension is sought. S. 67(3) amended by Nos 32/2006 s. 61(2)(b), 47/2014 s. 300(2), 8/2019 s. 151(2), repealed by No. 17/2022 s. 79(3). S. 67(4) amended by Nos 21/2005 s. 57(1)(d) (as amended by No. 24/2005 s. 31(1)), 48/2006 s. 42(Sch. item 31.1), 17/2022 s. 79(4). (4) The Director, Fines Victoria 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, may only grant an extension of time if satisfied that the person was not in fact aware, more than 14 days before making an application under subsection (1), that the traffic infringement notice had been issued. (5) On the granting of the extension of time— S. 67(5)(a) amended by Nos 21/2005 s. 57(1)(e) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(c)(i), 48/2006 s. 42(Sch. item 31.1), substituted by No. 47/2014 s. 300(3)(a). (a) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under Schedule 3 to the **Children, Youth and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 S. 67(5)(ab) inserted by No. 47/2014 s. 300(3)(a). (ab) the traffic infringement notice continues to have effect, unless withdrawn at any time under section 88(3), despite the doing of any thing or the taking of any step in relation to it under the **Infringements Act 2006** or 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 S. 67(5)(b) amended by Nos 32/2006 s. 61(2)(c)(ii), 81/2006 s. 30(2). (b) any reference in section 88(3) or section 18 of the **Infringements Act 2006** to a 28 day period must be read as a reference to the extended period; and S. 67(5)(c) amended by No. 32/2006 s. 61(2)(c)(iii). (c) the reference in section 32 of the **Infringements Act 2006** to the period specified in the infringement notice for the payment of the penalty must be read as a reference to the extended period; and S. 67(5)(d) amended by No. 32/2006 s. 61(2)(c)(iv). (d) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the infringement notice is set aside if the person takes a relevant action referred to in subsection (6)(b), (c) or (e) in relation to the notice within the extended period; and S. 67(5)(e) amended by Nos 21/2005 s. 57(1)(e) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(c)(v), 48/2006 ss 39(1), 42(Sch. item 31.1), substituted by No. 47/2014 s. 300(3)(b), amended by No. 46/2024 s. 21. (e) 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**, 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 or any infringement penalty or part of an infringement penalty and prescribed costs within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005** 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 S. 67(5)(f) amended by No. 32/2006 s. 61(2)(c)(vi). (f) any demerit points recorded as a result of the infringement notice are cancelled if the person takes a relevant action referred to in subsection (6)(b), (c) or (e) in relation to the notice within the extended period; and S. 67(5)(g) amended by Nos 21/2005 s. 57(1)(e) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(c)(vii) (viii), 48/2006 s. 42(Sch. item 31.1), substituted by No. 47/2014 s. 300(3)(c). (g) any of the procedures set out in Schedule 3 to the **Children, Youth and Families Act 2005** that are being used for the enforcement of the infringement penalty within the meaning of that Schedule must be discontinued and any enforcement order made, or warrant issued, under that Schedule ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and S. 67(5)(ga) inserted by No. 47/2014 s. 300(3)(c). (ga) any of the procedures set out in the **Infringements Act 2006** or the **Fines Reform Act 2014** that are being used for the enforcement of the infringement penalty or infringement fine must be discontinued and any notice of final demand served or enforcement warrant issued ceases to have effect if the person takes a relevant action in relation to the notice within the extended period; and (h) 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 infringement notice must be taken not to constitute that offence if the person takes a relevant action in relation to the notice within the extended period; and S. 67(5)(i) amended by Nos 21/2005 s. 57(1)(e) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(c)(ix), 48/2006 s. 42(Sch. item 31.1), repealed by No. 81/2006 s. 30(3). S. 67(5)(j) amended by No. 5/2016 s. 36(Sch. 1 item 35). (j) any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or learner permit that— (i) resulted from the traffic infringement notice; and (ii) occurred after the person became aware that the traffic infringement notice had been issued— must be taken into account by any court which subsequently finds the person guilty of the offence in respect of which the traffic infringement notice was issued; and (k) a reference in section 89(4) to the expiration of the period specified in the notice must be read as a reference to the expiration of the extended period. (6) For the purposes of subsection (5) a person who is granted an extension of time as referred to in subsection (1) only takes a relevant action in relation to a traffic infringement notice if the person— (a) pays the whole of the amount specified in the notice as payable in respect of the offence for which the notice was issued; or S. 67(6)(b) amended by No. 14/2007 s. 3(6), substituted by No. 81/2006 s. 30(4). (b) gives a statement under section 84BE to an enforcement official within the meaning of Part 6AA; or S. 67(6)(c) amended by No. 21/2005 s. 57(1)(ea) (as amended by No. 24/2005 s. 31(1)), substituted by No. 32/2006 s. 61(2)(d), amended by Nos 48/2006 s. 42(Sch. item 31.1), 81/2006 s. 30(5), 47/2014 s. 300(4)(a). (c) serves a written statement on an enforcement official within the meaning of Part 6AA to the effect that the person declines to be dealt with under the **Infringements Act 2006** or the **Fines Reform Act 2014** or under Schedule 3 to the **Children, Youth and Families Act 2005**, as the case requires; or S. 67(6)(d) inserted by No. 32/2006 s. 61(2)(d), amended by No. 47/2014 s. 300(4)(b). (d) is offered a payment plan in accordance with the **Infringements Act 2006** and the enforcement agency under that Act receives the first payment under that plan from the person; or S. 67(6)(da) inserted by No. 47/2014 s. 300(4)(c), amended by No. 17/2022 s. 79(5). (da) makes a payment arrangement under the **Fines Reform Act 2014** and the Director, Fines Victoria receives the first payment under that payment arrangement from the person; or S. 67(6)(e) inserted by No. 32/2006 s. 61(2)(d), amended by No. 47/2014 s. 300(4)(d). (e) 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. 67(7) amended by Nos 21/2005 s. 57(1)(ea) (eb) (as amended by No. 24/2005 s. 31(1)), 32/2006 s. 61(2)(e), 48/2006 s. 42(Sch. item 31.1), 47/2014 s. 300(5). 17/2022 s. 79(6). (7) Despite anything to the contrary in section 88(3AA), if the Director, Fines Victoria 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 as referred to in subsection (1), a traffic infringement notice may be withdrawn under section 88(3) even though the outstanding amount of an infringement fine has been 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**, as the case requires. S. 67(8) amended by No. 68/2009 s. 97(Sch. item 106.11). (8) The taking of a relevant action referred to in subsection (6)(c) has the effect that the person may only be proceeded against by the filing of a charge-sheet charging the alleged offence and, for this purpose, a charge-sheet may be filed not later than 12 months after the date of the service of the statement under that subsection despite anything to the contrary in any other Act. S. 67(9) inserted by No. 32/2006 s. 61(3). (9) Despite anything to the contrary in this section or the **Infringements Act 2006**, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for an internal review under section 22 of that Act 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 that Act, until— (i) the person is notified that his or her 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 48(2) of that Act; or (iii) in the case of a payment plan that has commenced— (A) the payment plan is cancelled under section 49(2)(b) of that Act; or (B) the infringement penalty in respect of that infringement notice is removed from the payment plan under section 49(2)(a) of that Act; or (C) the person receives written notice under section 52(2) of that Act advising the person that he or she is in default. S. 67(10) inserted by No. 47/2014 s. 300(6) (as amended by No. 59/2017 s. 107). (10) Despite anything to the contrary in this section, the 28 day extension period under this section is suspended and no step may be taken in the enforcement of an infringement notice to which this section applies if a person has— (a) applied for 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 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.