89BExtension of time to object if no actual notice

89B Extension of time to object if no actual notice S. 89B(1) amended by Nos 57/1989 s. 5(5)(c)(i), 111/2003 s. 20(6), 110/2004 s. 36, 24/2005 s. 15(1), 21/2005 s. 57(1)(ha) (as amended by No. 24/2005 s. 31(2)), 32/2006 s. 66(a), 48/2006 s. 42(Sch. item 31.1), 47/2014 s. 302(1). (1) 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. S. 89B(1A) inserted by No. 24/2005 s. 15(2). (1A) An application under subsection (1) must— (b) be filed with the registrar; and S. 89B(1A)(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. 89B(1B) inserted by No. 24/2005 s. 15(2), amended by Nos 32/2006 s. 66(b), 47/2014 s. 302(1). (1B) If an application is made under subsection (1) to a registrar within the meaning of the **Fines Reform Act 2014**, the registrar must— (a) refer the application to the Magistrates' Court constituted by a magistrate; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to— (i) the person who issued the infringement notice; and (ii) the applicant. S. 89B(2) amended by Nos 24/2005 s. 15(3), 21/2005 s. 57(1)(hb) (i)(ii) (as amended by No. 24/2005 s. 31(2)), 48/2006 s. 42(Sch. item 31.1). (2) 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. S. 89B(3) amended by Nos 24/2005 s. 15(4)(a)(b), 21/2005 s. 57(1)(hc) (i)(ii) (as amended by No. 24/2005 s. 31(2)), 48/2006 s. 42(Sch. item 31.1). (3) 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— (a) the conviction is set aside; and (b) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and S. 89B(3)(ba) inserted by No. 73/1998 s. 4(8). (ba) any demerit points recorded as a result of the conviction are cancelled; and (c) 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 S. 89B(3)(d) amended by Nos 57/1989 s. 5(5)(c)(ii) (A)(B), 21/2005 s. 57(1)(i), 32/2006 s. 66(c), 48/2006 s. 42(Sch. item 31.1), 47/2014 s. 302(2). (d) 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 (e) the infringement notice is cancelled; and S. 89B(3)(ea) inserted by No. 25/2025 s. 15. (ea) 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 S. 89B(3)(f) amended by Nos 57/1989 s. 5(5)(c)(iii), 68/2009 s. 97(Sch. item 106.26). (f) the person may only be proceeded against by the filing of a charge-sheet charging the alleged offence; and S. 89B(3)(g) amended by Nos 41/1992 s. 6(2), 5/2016 s. 36(Sch. 1 item 48). (g) any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or learner permit that— (a) resulted from the conviction; and (b) occurred after the person became aware that the infringement notice had been issued— must be taken into account by any court which subsequently convicts the person, or finds the person guilty, of the offence in respect of which the infringement notice was issued. S. 89B(4) amended by Nos 57/1989 s. 5(5)(c)(iv), 68/2009 s. 97(Sch. item 106.27). (4) 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. (5) 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. S. 89BA inserted by No. 75/2010 s. 20. 89BA Extension of time to lodge statement under section 84BE S. 89BA(1) amended by No. 47/2014 s. 303(1). (a) a person is issued with a traffic infringement notice in respect of an excessive speed infringement; and (b) the infringement notice is not delivered personally to the person and the 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 giving a statement under section 84BE(1) extended. (2) An application under subsection (1) must— (b) be filed with the registrar; and S. 89BA(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 for the application. S. 89BA(3) amended by No. 47/2014 s. 303(1). (3) If an application is made under subsection (1) to a registrar within the meaning of the **Fines Reform Act 2014**, the registrar must— (a) refer the application to the Magistrates' Court; and (b) cause a notice of the time and place of the hearing of the application to be given or sent to— (i) the person who issued the infringement notice; and (ii) the applicant. (4) 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. (5) 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 an enforcement official accepts a statement given by the person before the expiry of the extended time as an effective statement for the purposes of Part 6AA, the giving of the statement has the effect that— (a) the conviction is set aside; and (b) any cancellation, disqualification or suspension, and any extension of probation, that resulted from the conviction is set aside; and (c) any demerit points recorded as a result of the conviction are cancelled; and (d) 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 S. 89BA(5)(e) amended by No. 47/2014 s. 303(2). (e) 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 S. 89BA(5)(f) amended by No. 25/2025 s. 16(1). (f) the infringement notice is cancelled; and S. 89BA(5)(fa) inserted by No. 25/2025 s. 16(2). (fa) 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). S. 89C inserted by No. 53/1989 s. 18.