ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 26 Infringement notice—payment of penalty etc
ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 26
Infringement notice—payment of penalty etc(1) This section applies if—
(a) an infringement notice for an infringement notice offence is served on a person; and
(b) the infringement notice has not been withdrawn.
Note See s 36 for withdrawal of infringement notices.
(2) The person must do 1 of the following within 28 days after the date the infringement notice is served:
(a) pay the infringement notice penalty stated in the notice;
(b) apply to the administering authority to—
(i) enter into an infringement notice management plan; or
(ii) if the person has an infringement notice management plan—add the infringement notice penalty for the offence to the plan; or
(iii) waive the infringement notice penalty;
Note See s 31A for applications to enter into infringement notice management plans and applications to add infringement notice penalties to plans.
See s 31F for applications for waiver of infringement notice penalties.
(c) apply for withdrawal of the infringement notice;
Note See s 34 for applications for withdrawal of infringement notices.
(d) if the person asserts he or she was not the person who committed the offence—give the administering authority an infringement notice declaration;
(e) if the person disputes liability for the offence—give the administering authority written notice disputing liability.
Note 1 For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000
, s 9B.
Note 2 See s 51 for disputing liability for an infringement notice offence.
Note 3 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT)
, s 707.
Note 4 A person served with an infringement notice may apply for an extension of time to do something mentioned in s (2) (see s 29).
Note 5 If a person served with an infringement notice does nothing under s (2) within 28 days or any extension of time allowed under s 29, a reminder notice will be served on the person (see s 27).
Note 6 A corporation served with an infringement notice for an infringement notice offence involving a registrable vehicle has obligations under div 3.3A.