Applying for revocation

Applying for revocation – If you have accrued e-TAG fines or other speeding fines and have not yet been bailed to appear at Court, you may still be able to make an application to have your infringements revoked, as long as they do not relate to excessive speeding or drink driving.

When can you apply to revoke?

Under section 65 of the Infringements Act you may apply to the Infringements Registrar for revocation of an enforcement order. However, an application cannot be made if one of the following has occurred:

• Property has been seized of the kind referred to in section 89;
• A declaration has been made under section 91 regarding a body corporate;
• An attachment of earnings order or debts order has been made;
• An order over a person’s land interest has been made in accordance with section 136; or
• An infringement warrant has been issued and executed pursuant to section 159 of the Infringements Act.

These things can occur when an infringement warrant has been issued, 7 days notice has been served on the person and the person hasn’t:

• Paid the amount; or
• Applied for a payment plan; or
• Made an application for revocation.

The usual things that prevent an applicant from pursuing an application for revocation of infringement warrants are:

• Section 159(2)(b) – whereby an offender has been released on bail to attend Court following the execution of an infringement warrant by the sheriff; and
• Section 89(1) – where property has been seized by the sheriff.

Seizure of property does not include wheel clamps being applied to your car. The Sheriff will often apply a wheel clamp to an alleged infringement offender’s vehicle to immediately extract money from the alleged offender. If your wheel has been clamped you can still make an application for revocation to the Infringements Court and, if unsuccessful, the Magistrates’ Court on appeal. The wheel clamp will only be removed once you have paid the requested amount or your application is granted.

How to appeal

If you are in a position to appeal you can write to the Infringements Registrar to revoke the enforcement order/s. If you are successful, the original infringements will be re-issued without all the penalty rates that have been added or the matter will be referred to the Magistrates’ Court where the matters can be contested.

It is rare that an infringement registrar will grant an application for revocation. When the infringement registrar denies your application for revocation you have 28 days to appeal that decision to the Magistrates’ Court.

It is critical that you do not miss your window of opportunity. We always advise that you should:

1. Respond to the infringement registrar’s refusal within 28 days appealing the denial of revocation in writing;
2. Send the appeal notification by registered post so there can be no denial about service (remember that sometimes mail goes missing);
3. Keep an eye on the post. You will be sent a Court date to make your application in Court before a Judicial Registrar or a Magistrate; and
4. Contact our office when you have the date so we can get your matter in our Court diary and ensure that your application is successful.