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MONETARY PENALTIES ENFORCEMENT ACT 2005 - SECT 15 Options for dealing with infringement notice issued by non-fee-paying public sector body

MONETARY PENALTIES ENFORCEMENT ACT 2005 - SECT 15

Options for dealing with infringement notice issued by non-fee-paying public sector body

(1)  A person who is served with an infringement notice that was issued by a non-fee-paying public sector body must, within 28 days of the date of service of the notice, do one or more of the following:
(a) pay the monetary penalty in full to the Director;
(b) apply to the issuing authority for withdrawal of the infringement notice;
(c) apply to the Director for a variation of payment conditions;
(d) lodge with the Director a notice of election to have the offence or offences set out in the infringement notice heard and determined by a court.
(2)  An application to the Director is to be –
(a) in an approved form; and
(b) accompanied by the prescribed amount.
(3)  The Director may approve or refuse to approve an application under subsection (1)(c) and must notify the alleged offender of that approval or refusal.
(4)  If the alleged offender makes an election under subsection (1)(d) , he or she must lodge with the Director a notice of election in the approved form.
(5)  If the alleged offender is notified of the refusal of an application under subsection (1)(b) , he or she may –
(a) pay the monetary penalty in full; or
(b) apply for variation of payment conditions; or
(c) lodge a notice of election.
(6)  If the alleged offender is notified of the refusal of an application under subsection (1)(c) , he or she must pay the monetary penalty in full.
(7)  If, when the alleged offender is notified under subsection (5) or (6) , the period referred to in subsection (1) has expired or will expire within 3 days, that period is extended by a further 7 days from the date the alleged offender receives the notification.