52Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

52 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

S. 52(1) amended by No. 17/2022 s. 110(1).

(1) If an infringement notice for an offence against section 32(1) 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 had been issued, the person may apply to the Director, Fines Victoria or a Children's Court registrar, 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—

(a) be made within 14 days of the applicant becoming aware of the notice; and

S. 52(2)(b) amended by No. 17/2022 s. 110(2).

(b) be filed with the Director, Fines Victoria or the Children's Court registrar, as the case may be; and

S. 52(2)(c) amended by No. 18/2020 s. 159(a).

(c) be accompanied by a sworn or affirmed statement in writing or by a statutory declaration setting out the grounds on which the extension is sought.

S. 52(3) repealed by No. 17/2022 s. 110(3).

S. 52(4) amended by Nos 18/2020 s. 159(b), 17/2022 s. 110(4).

(4) The Director, Fines Victoria or a Children's Court registrar, 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 the application, that the infringement notice had been issued.