Defences

	So you want to take it further!
	Object to the fine
	Legislative Framework for the Alleged Offence
	Does the National Measurement Act 1960 apply?
	Is the speedometer accuracy legislated?
	Defence of Honest & Reasonable Mistake
	Challenge to the accuracy of a speed detection device
	Need some help?

Application for Internal Review

Under section 22 of the Infringements Act 2006 you can apply for an internal review of the Infringement Notice.

The address to send this request will be on the Infringement Notice. There are several sample letters on this web site.

Ii summary you will be appealing against section 22 (a)(i) that the decision was contrary to law:

• that the speed measuring device may not be a legal measurement device under the National Measurement Act, and you will be requesting that the Authorities can provide you assurances that it has been certified and tested as per the Act.

• that a tolerance equivalent to the legislated speedometer error should be allowed. The defence of honest and reasonable belief as to a mistake of fact should be available to you, as it has been provided to the operator of the speed measuring device.

• that it is not reasonable to issue an infringement notice for an alleged speed within 10% of the speed limit, as this does not take into account error tolerances in the vehicle speedometers, which are fitted in accordance with law.

• if you have a good driving record, then you should also point this out.

Having the Matter Referred to the Court

You can either do this immediately on receipt of the Infringement Notice, or you can lodge your application for internal review and object if your application is rejected.

In this case you are applying under 30 of the Infringements Act 2006. The Act under section 30 (2)(a) and (b) requires you to write and inform them that you wish the matter to be referred to a court, and you must do this within 28 days of either receiving the original Infringement Notice or the rejection of your appeal. Check the Infringement Notice and any correspondence for advice on deadlines and to whom the objection should be addressed.

If you are objecting, don't sign the back of the Infringement Notice or any correspondence, as you may be compromising your position in court. Write a letter. You will note that your name on the Infringement and other correspondence is in uppercase. This is not you, you are being engaged as an entity, whereas you require the matter to be settled in law.

The statement in the letter is something like this.

NOTICE OF OBJECTION

Infringement Number: 0000000000

Take note that if further action is to be undertaken, then I, John Smith, require this matter to be settled in law by a Court of Competent Jurisdiction of Australia.

Sign-off the letter with your name in title case, i.e. John Smith, state your address, and sign it.

There is a sample letter in the Library section of this web site here...