STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 51 Election for court hearing

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 51

51 Election for court hearing

(1) If, within 28 days after the date of an enforcement order made against an enforcement debtor for an infringement notice offence for which the fine is unpaid, the enforcement debtor—

(a) elects under the order to have the matter of the offence decided in a Magistrates Court; or

(b) takes no action under section 42 or 43 ;

a proceeding for the offence may be started under the Justices Act 1886 .

(2) If either of the following happens, any enforcement order for the offence stops having effect—

(a) the enforcement debtor elects under subsection (1) (a) to have the matter of the offence decided in a Magistrates Court;

(b) the enforcement debtor is granted a rehearing of the complaint for the offence in a Magistrates Court under the Justices Act 1886 , section 142 .

(3) Also, if a proceeding against the enforcement debtor for the offence is reopened under the Justices Act 1886 , section 147A , any enforcement order for the offence stops having effect.

(4) The registrar must notify the enforcement debtor and the relevant administering authority of the effect of subsection (2) or (3) .

(5) The notification under subsection (4) must be given as soon as practicable after the registrar knows that the enforcement order stops having effect because of this section.