Commonwealth Consolidated Acts

ROAD TRANSPORT REFORM (DANGEROUS GOODS) ACT 1995 - SECT 38

             (1)  The regulations may provide for a person to be served with an infringement notice requiring payment of a penalty for an offence (not exceeding the penalty that would otherwise apply) against the regulations as an alternative to prosecution in court for the offence.

             (2)  The regulations must specify:

                     (a)  the offences to which the alternative applies; and

                     (b)  the time within which the penalty must be paid.

             (3)  A Competent Authority may withdraw an infringement notice by serving a notice on the person on whom the infringement notice was served.

             (4)  If a person pays the fixed penalty and any prescribed costs, and the infringement notice is later withdrawn, the person is entitled to a refund of the penalty.

             (5)  If a person pays the fixed penalty and any prescribed costs within:

                     (a)  the time specified in the infringement notice; or

                     (b)  a longer period:

                              (i)  specified in a reminder notice given to the person; or

                             (ii)  allowed by the person who issued the notice;

                            and before a summons is served on the person in respect of the alleged offence;

a prosecution in court is not to be taken against the person for the offence and a conviction must not be recorded against the person for the offence.

             (6)  A prosecution in court may be taken or continued for the offence if:

                     (a)  the person served with the infringement notice does not pay the fixed penalty and any prescribed costs within the period referred to in subsection (5); or

                     (b)  the infringement notice is withdrawn.