Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a person disputes liability for an infringement notice offence by giving the administering authority a notice in accordance with section 51 (Disputing liability for infringement notice offence).
(2) The administering authority may lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.
(3) The administering authority must discontinue a proceeding brought against the person for the offence if, before the hearing of the proceeding, the person pays the total of—
(a) the infringement notice penalty; and
(b) the costs (if any) prescribed by regulation for beginning the proceeding; and
(c) the disbursements (if any) incurred by the administering authority up to the day payment is made.
(4) If subsection (3) applies, section 29 (Effect of payment of infringement notice penalty) also applies to the person in relation to the offence, even though the person paid the infringement notice penalty for the offence after an information had been laid in the Magistrates Court against the person for the offence.
(5) If the administering authority does not lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice, the administering authority must—
(a) tell the person, in writing, that no further action will be taken against the person for the offence; and
(b) take no further action against the person for the offence.
(6) To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note For the time within which a prosecution must be begun, see the Legislation Act, s 192.