Australian Capital Territory Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 26

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

        (a)     the person may pay the infringement notice penalty for the offence or dispute liability for the offence within 28 days after the day when the notice is served on the person (the date of service of the notice); and

        (b)     the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and

        (c)     the notice may be withdrawn before or after the penalty is paid; and

        (d)     if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority), then, unless the infringement notice is withdrawn and any penalty refunded—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

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

        (f)     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

        (g)     if the person does not pay the infringement notice penalty, or dispute liability for the offence, within the 28 days (or any additional time allowed by the administering authority), a reminder notice may be served on the person for the offence or the person may be prosecuted in court for the offence; and

        (h)     if a reminder notice is served on the person, the infringement notice penalty is increased by the amount payable by the person for the cost of serving the reminder notice; and

              (i)     if the offence involved a vehicle and the person does not pay the infringement notice penalty, or dispute liability for the offence, within 28 days after the reminder notice is served on the person (or any additional time allowed by the administering authority) payment of the penalty may be enforced under division 3.4.

    (2)     In addition, the infringement 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 additional time to pay the infringement notice penalty or dispute liability for the offence; and

        (c)     if the offence involved a vehicle—

              (i)     tell the person how many demerit points will be incurred if the person pays the infringement notice penalty or is convicted of the offence; and

              (ii)     tell the person, in general terms, about the enforcement procedures under division 3.4; and

        (d)     if the offence involved a vehicle and the infringement notice is served under section 36 (Service of infringement notices on responsible people for vehicles)—tell the person, in general terms, about section 37 (Liability for infringement notice offences involving vehicles), and explain how the person may make and give to the administering authority the infringement notice declarations mentioned in section 37; and

        (e)     if the offence is a camera-detected offence—state that the offence is a camera-detected offence, and tell the person—

              (i)     how to inspect and obtain a copy of the image taken by the approved camera detection device; and

              (ii)     that, if the person is a corporation or was not the driver of the vehicle at the time of the offence, the person must make and give an infringement notice declaration to the administering authority in accordance with this part.