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Unsigned Infringement Notice

Guest

By Guest,
in Victoria

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Guest

Guest

Posted
Posted

Just recieved a fine today (the day before christmas ;) ) for unroadworthy tires. That's not the issue, my question is are they (the fines) still valid if they are not signed by the issuing officer (or any officer in my case)? Not trying to get out of it cause they are actually unroadworthy (haven't checked them in a while) but could he have given me a christmas present by not having to pay for it.

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https://www.sau.com.au/forums/topic/99594-unsigned-infringement-notice/
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dezz Grand Master

dezz

Posted
Posted

hey mate, try PM'ing Johnny Cash...he's a law student, or a lawyer even...and seems to know his stuff....he has a thread going at the moment with police powers and our rights, so he'd almost certainly be able to help you out.

Guest

Guest

Posted
Posted
hey mate, try PM'ing Johnny Cash...he's a law student, or a lawyer even...and seems to know his stuff....he has a thread going at the moment with police powers and our rights, so he'd almost certainly be able to help you out.

hey,

can i get a link to that thread?

Johnny Cash Experienced

Johnny Cash

Posted
Posted

Well, for the fine to be official, it would have to be signed by the issuing officer. But in the case where they forget to, they could simply re-issue another notice with the correction. Unfortunately, you would not be able to refuse paying the fine because of a failure on the issuing officer's part to sign it. :(

Sorry for the bad news, especially at this (otherwise) festive time of year. Bad things happen to good people, and providing the fine isn't too expensive, it might be worth saving the hassle of arguing such a technicality.

The reality is, it's an administrative error, rather than an error in law, and would be quickly resolved. So, for what it's worth, you could refuse to pay it based on it not being signed, but then they would simply re-issue a notice that IS signed, and you'd have to pay it anyway. Might as well get it out of the way...

As I said in my disclaimer from the original thread, I don't guarantee ANY of this information, because I don't want to get sued if anyone relies on it to their detriment. But seeing as it's free of charge, you're welcome to it. :)

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