New South Wales Consolidated Acts

FINES ACT 1996 - SECT 23A

23A Person may elect to have matter dealt with by court

(1) A person alleged to have committed or to be guilty of the offence to which a penalty notice relates:

(a) has the right to elect to have the matter dealt with by a court instead of under the statutory provision providing for the issue of the penalty notice, and

(b) may make that election:

(i) in the manner specified in that statutory provision, or

(ii) if no manner is specified in that statutory provision-in the manner specified in the penalty notice, or

(iii) if no manner is specified in that statutory provision or in the penalty notice-in the manner specified by the regulations.

(2) A person may make such an election even if the whole or part of the amount payable under the penalty notice has been paid, but such an election may not be made later than 90 days after the penalty notice was served.

(3) If a person elects under this section to have a matter dealt with by a court after any amount payable under the penalty notice has been paid:

(a) section 23 (2) and the corresponding provision of the statutory provision under which the penalty notice was issued (being the provision that provides that if an amount is paid under the penalty notice, no person is liable to any further proceedings for the alleged offence concerned) then cease to have effect, and

(b) any action taken to record demerit points against the person in the demerit points register kept under the Road Transport (Driver Licensing) Act 1998 because of that payment is to be reversed by the Roads and Traffic Authority, and

(c) the amount that has been paid under the penalty notice is repayable to the person to whom the penalty notice was directed.