DUTIES ACT 2001 - SECT 489
Penalty amounts to be alternative to prosecution
DUTIES ACT 2001 - SECT 489
Penalty amounts to be alternative to prosecution
489 Penalty amounts to be alternative to prosecution
(1) This section
applies if a penalty amount, including a part of a penalty amount, becomes
payable by a person because of the person’s contravention of a provision
mentioned in section 488(1) .
(2) If a proceeding is started against the
person for an offence against the provision for the contravention and the
penalty amount has not been paid to the commissioner, the penalty amount is
payable only if the proceeding is withdrawn.
(3) If the penalty amount has
been paid to the commissioner, but a proceeding is started against the person
for an offence against the provision for the contravention, the penalty amount
must be refunded by the commissioner.
(4) Despite subsection (3) , if the
commissioner withdraws the proceeding for the offence, the person again
becomes liable to pay the penalty amount.
