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MAGISTRATES COURT ACT 1930 - SECT 131 Additional information in reminder notices

MAGISTRATES COURT ACT 1930 - SECT 131

Additional information in reminder notices

    (1)     The reminder notice must also tell the person on whom it is served that—

        (a)     the infringement notice penalty for the offence has not been paid; and

        (b)     the infringement notice has not been withdrawn; and

        (c)     written notice disputing liability has not been received by the administering authority from the person for the offence; and

        (d)     the infringement notice penalty for the offence has been increased by the amount payable by the person for the cost of serving the reminder notice; and

        (e)     within the required time after the reminder notice is served on the person, the person may do 1 or more of the following things:

              (i)     pay the infringement notice penalty now payable for the offence;

              (ii)     apply to the administering authority for—

    (A)     an infringement notice management plan; or

    (B)     if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan; or

    (C)     waiver of the infringement notice penalty;

              (iii)     dispute liability for the offence;

              (iv)     apply to the administering authority for additional time to do the thing; and

        (f)     the infringement notice may be withdrawn before or after the penalty is paid; and

        (g)     if the person pays the penalty within the required time or the penalty is waived, then, unless the infringement notice is withdrawn and any penalty refunded—

              (i)     any liability of the person for the offence is discharged; and

              (ii)     the person will not be prosecuted in court for the offence; and

              (iii)     the person will not be taken to have been convicted of the offence; and

        (h)     if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and

              (i)     if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and

        (j)     if the person does not pay the infringement notice penalty, apply to have the penalty waived or dispute liability for the offence within the required time, the person may be prosecuted for the offence.

    (2)     In addition, the reminder notice must—

        (a)     explain how the person may pay the infringement notice penalty or dispute liability for the offence; and

        (b)     explain how the person may apply for—

              (i)     an infringement notice management plan; or

              (ii)     if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan; or

              (iii)     waiver of the infringement notice penalty; and

        (c)     explain how the person may apply for additional time to—

              (i)     pay the infringement notice penalty; or

              (ii)     apply for 1 of the following:

    (A)     an infringement notice management plan;

    (B)     if the person has an infringement notice management plan—the addition of the infringement notice penalty to the plan;

    (C)     waiver of the infringement notice penalty; or

              (iii)     dispute liability for the offence.

    (3)     In this section:

"the required time", for a person to do something mentioned in this section, means—

        (a)     28 days after the day the reminder notice for the offence was served; or

        (b)     any additional time allowed to do the thing; or

        (c)     if an application for additional time was refused, the later of the following:

              (i)     7 days after the day the person is given notice of the refusal;

              (ii)     28 days after the date of issue of the reminder notice.