Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (VICTIMS OF CRIME ASSISTANCE AND OTHER MATTERS) ACT 2010 (NO. 18 OF 2010) - SECT 47

After Part 3 of Schedule 3 to the Children, Youth and Families Act 2005 insert —

"PART 4—EXTENSION OF TIME FOR COMMENCING PROCEEDING

        17     Decision to go to Court

    (1)     A proceeding in respect of a summary offence for which an infringement notice was issued may be commenced—

        (a)     in accordance with section 344A; or

        (b)     in accordance with section 40AA or 53 of the Infringements Act 2006 ; or

        (c)     if, under clause 6(5)(b) or 8(3)(a), the registrar cancels the registration of an infringement penalty and remits the relevant infringement notice to the enforcement agency, within 6 months after the date of cancellation of the registration of the infringement penalty or 12 months after the date of the alleged offence (whichever is the earlier); or

        (d)     if the registrar cancels an infringement notice under Part 3 of this Schedule and a new infringement notice is served on the child, within 6 months after the date of cancellation of the cancelled infringement notice or 12 months after the date of the alleged offence (whichever is the earlier); or

        (e)     if a person has nominated the child for an offence committed under the Road Safety Act 1986 , the Melbourne City Link Act 1995 or the EastLink Project Act 2004 , within 6 months after the date of service of the infringement notice on the child or 12 months after the date of the alleged offence (whichever is the earlier); or

        (f)     if a nomination of a kind specified in paragraph (e) is made and subsequently cancelled under section 84BF(1) of the Road Safety Act 1986 so that liability reverts to the person who made the nomination, within 6 months after the date of cancellation of the nomination or 12 months after the date of the alleged offence (whichever is the earlier); or
s. 47

        (g)     subject to paragraph (e), if the offence is against section 204 of the EastLink Project Act 2004 , within 6 months after the date of service of the infringement notice under section 210(1) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or

        (h)     subject to paragraph (e), if the offence is against section 73 of the Melbourne City Link Act 1995 , within 6 months after the date of service of the infringement notice under section 80(1) of that Act or 12 months after the date of the alleged offence (whichever is the earlier).

    (2)     Subclause (1) has effect despite section 344A or any other provision of any Act or other instrument providing for the period during which a proceeding may be commenced for an offence alleged to have been committed.".

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