New South Wales Consolidated Acts

FINES ACT 1996 - SECT 36

36 How person may elect to have matter dealt with by court

(1) A person may elect to have a matter dealt with by a court by serving on the appropriate officer or other person or body specified in the penalty reminder notice a written statement that the person so elects.

(1A) Subject to subsection (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.

(2) The statement must be served within the following time periods:

(a) if no part of the amount payable under the penalty notice has been paid, on or before the due date specified in the penalty reminder notice for payment in relation to the offence concerned,

(b) if the whole or any part of that amount has been paid, not later than 90 days after the penalty notice was served.

(3) The statement may be served on a person personally or by post, by means of document exchange, by facsimile or other electronic transmission or in any other manner prescribed by the regulations.

(4) The regulations may make provision for or with respect to the form of written statements under this section.

(5) 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.