Apply for Revocation (Cancellation) of an Enforcement Order or an Infringement Warrant

On this page you will find information about:

What is a revocation?

A revocation is an order of the Infringements Court  to cancel your enforcement order (and any associated
infringement warrant).

Note:

  • Just because the Infringements Court grants your application for revocation, this does not mean that the matter is finalised. See Outcomes of a revocation section.

An application can be made to the Infringements Court, and must show the Infringements Court that you have a valid reason as to why the enforcement order should be cancelled.

You can apply to the Infringements Court for a revocation of an enforcement order issued for a single infringement. You can make an application anytime before certain steps are taken by the Sheriff to recover the infringement penalty. Please read the section below on 'eligibility criteria' for more information.

An application for revocation must:

  • be in writing
  • demonstrate to the Infringements Court that you did not commit the offence or that there are exceptional circumstances
  • provide evidence to support your claims.

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Eligibility criteria for a revocation

You can still apply for a revocation when:

  • a suspension sanction (such as a driver licence or vehicle registration) has been imposed against you, or
  • a wheel clamp has been applied to your vehicle.
     

You are not eligible for revocation of an enforcement order if that order:

 

You cannot apply for a revocation if you have a warrant from a court other than the Infringements Court.

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Special Circumstances revocations

You or someone acting on your behalf may be able to apply for a revocation if you:

  • have a mental or intellectual disability, disorder, disease or illness
  • have a serious addiction to drugs or alcohol
  • are experiencing homelessness,
     

that resulted in you being unable to understand or control the behaviour that resulted in an offence.

 

If you have special circumstances, you may authorise someone to make the application on your behalf, and you are encouraged to seek legal assistance from your legal practitioner or Victoria Legal Aid  before completing your application.

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How to apply for a revocation

Step 1 of 3

Print the Application for Revocation form from this website
  

Step 2 of 3 - complete either form A or form B 

  • If you are stating that you were not in possession or control of the vehicle at the time of offence, or not the owner of the vehicle that committed the offence, complete Form A of the application for revocation form.
    View the relevant sample completion guide.
  • If you did not receive the infringement notice, or are applying for special circumstances, or have another valid reason, complete Form B of the application for revocation form.
    View the relevant sample completion guide.
       

For special circumstances, you must include evidence with your application, such as a detailed letter from a qualified psychiatrist or medical practitioner explaining things like:

  • the nature of your condition
  • how long you have had the condition
  • if you were suffering from the condition at the time of the offence
  • how the condition contributed to your committing the offence
  • what you are doing now to manage the condition.
      

Note:

  • Medical documentation is not accepted from a health professional, nurse or case manager unless it is co-signed by a doctor
  • You can get someone to apply on your behalf, for example a case worker. This is referred to as a 'third party'. The 'third party' must complete all the information in Form B and attach any relevant information such as medical, psychiatric reports or other supporting documentation that may assist the Infringements Registrar in determining the application.

 For all other circumstances, please provide as much information as possible to support your claim.

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 Step 3 of 3

MAIL:
By Mail

Post your application along with all relevant supporting documentation to:

The Infringements Registrar
Infringements Court
PO Box 14487
Melbourne 8001

In PERSON
In Person
 

Visit in person:

Civic Compliance Victoria®
Ground Floor, 277 William St
Melbourne 3001

(between the hours of 8am-6pm, Monday-Friday, except public holidays)

 

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Outcomes of a revocation

If your application is granted

If the Infringements Court grants your application for revocation, it will revoke (cancel) the enforcement order (and any associated infringement warrant) and notify you in writing.

Note:

  • Just because the Infringements Court grants your application for revocation, this does not mean that the matter is finalised.

If your application is granted, the Infringements Court will also send a copy of your application for revocation to the issuing agency. This gives the issuing agency 21 days to advise if it also wants to withdraw the infringement notice.

If the issuing agency does not withdraw the infringement notice, the Infringements Court will refer the matter to the Magistrates' Court. You will be required to appear before the court to defend the matter; if you do not appear, the court can decide the matter in your absence. The Magistrates' Court will notify you and the issuing agency of the time, date and place of your court hearing.
 

If your application is refused

If the Infringements Court refuses your application for revocation, it will notify you in writing. If this occurs, you need to pay the amount outstanding on your enforcement order or infringement warrant. The refusal notification will provide you with the total outstanding amount payable and the date by which it must be paid.

Object to Magistrates' Court

If the Infringements Court refuses your application for revocation, you still have the right to object and seek to have the objection heard in the Magistrates' Court. The Magistrates' Court will then notify you and the issuing agency of the time, date and place of the hearing of the objection. You will be required to appear before the court to argue your case. If you do not appear, the court can decide the matter in your absence.

If the Magistrates' Court refuses your application it will refer the matter back to the Infringements Court for enforcement. If the Magistrates' Court grants the application, it can then hear the original matter of the infringement offence and either find you guilty (and sentence you) or find you not guilty.

For more information, please visit the object to revocation refusal section of this website.

Further revocation applications

You are also able to apply for a second revocation in the same manner as the first. For a third or subsequent revocation application, you must obtain leave from a Magistrate.

You will need to attend the Infringements Court and advise them of your intention to apply for a third or subsequent revocation application. An Infringements Court registrar will explain the process and provide you with the relevant documentation. You will then be required to take this documentation to the Magistrates' Court

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Challenging the fees

If you want to challenge the fees added to the infringement penalty during the Infringements Court process, you can do this by applying for a revocation. Even if the Infringements Court chooses not to revoke (cancel) the enforcement order, it can still remove the extra fees that were incurred.

If the Infringements Court grants this application, it must send you a notice for payment of the infringement penalty plus the new amount of fees. Payment must be made by the due date on the notice.

The Infringements Court must notify you in writing if it refuses your application.

 

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